Eu Values Before The Court Of Justice

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EU Values Before the Court of Justice

Luke Dimitrios Spieker
EU Values Before the Court of Justice Book PDF

Author : Luke Dimitrios Spieker
Publisher : Oxford University Press
Page : 385 pages
File Size : 41,5 Mb
Release : 2023-07-20
Category : Law
ISBN : 9780198876717

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EU Values Before the Court of Justice by Luke Dimitrios Spieker Pdf

The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.

New Europe - Old Values?

Nada Bodiroga-Vukobrat,Siniša Rodin,Gerald Sander
New Europe Old Values Book PDF

Author : Nada Bodiroga-Vukobrat,Siniša Rodin,Gerald Sander
Publisher : Springer
Page : 287 pages
File Size : 48,9 Mb
Release : 2015-11-17
Category : Law
ISBN : 9783319022130

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New Europe - Old Values? by Nada Bodiroga-Vukobrat,Siniša Rodin,Gerald Sander Pdf

This book explores the reactions to Europeanization and globalization in times of economic distress, including the transformation of European values in national legal cultures. The authors explore how European values, tradition and new legal challenges interconnect and dictate the paths of transition between old and new Europe. The first chapter starts with a question: can Roman Legal Tradition play a role of identity factor towards a New Europe? Can it be considered as a general value identifying new Europe, built on a minimum core of principles – persona, dominum, obligation, contract and inheritance – composing the whole European private law tradition? Subsequent chapters attempt to provide possible responses to the question: what is Europe today? The answers diverge, depending on the research area. The inherent dichotomy of human rights protection in Europe and the concept of ‘one law, one court’ are investigated in the second chapter, whereas the third chapter focuses on asylum and the interrelation and interdependence of the Court of Justice of the EU and the European Court of Human Rights. The next three chapters concentrate on matters of equal treatment and non-discrimination. The first contribution in this part reflects on the crisis and methodological and conceptual issues faced by modern anti-discrimination law. It is followed by a specific analysis of the empowerment of women or gender-balancing in company boards. The third contribution reveals the impact of the Croatian anti-discrimination law on private law relations. The next chapter deals with the issue of social rights in Croatia and the method of their regulation in the context of the new European values. The immense challenges posed by the market integration imperative and democratic transition have brought about different reactions in the national legal systems and legal cultures of both old and new Member States. As such, Europe has effectively been reunited, but what about the convergence of national legal cultures? This is the focal point of the remaining chapters, which focus on various issues, from internal market, competition law, consumer welfare, liberalization of network industries to the EU capital market. The magnitude of EU activity in these areas offers conclusive evidence that old and new paradigms are evolving and shaping the future of the EU.

The Enforcement of EU Law and Values

András Jakab,Dimitry Kochenov
The Enforcement of EU Law and Values Book PDF

Author : András Jakab,Dimitry Kochenov
Publisher : Oxford University Press
Page : 425 pages
File Size : 50,8 Mb
Release : 2017-04-07
Category : Law
ISBN : 9780191063510

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The Enforcement of EU Law and Values by András Jakab,Dimitry Kochenov Pdf

It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Defending Checks and Balances in EU Member States

Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Defending Checks and Balances in EU Member States Book PDF

Author : Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Publisher : Springer Nature
Page : 478 pages
File Size : 53,7 Mb
Release : 2021-01-05
Category : Law
ISBN : 9783662623176

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Defending Checks and Balances in EU Member States by Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt Pdf

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

The Practice of Judicial Interaction in the Field of Fundamental Rights

Casarosa, Federica,Moraru, Madalina
The Practice of Judicial Interaction in the Field of Fundamental Rights Book PDF

Author : Casarosa, Federica,Moraru, Madalina
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 42,8 Mb
Release : 2022-02-04
Category : Law
ISBN : 9781800371224

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The Practice of Judicial Interaction in the Field of Fundamental Rights by Casarosa, Federica,Moraru, Madalina Pdf

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.

The Ethos of Europe

Andrew Williams
The Ethos of Europe Book PDF

Author : Andrew Williams
Publisher : Cambridge University Press
Page : 369 pages
File Size : 43,9 Mb
Release : 2010-03-11
Category : Law
ISBN : 9780521118286

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The Ethos of Europe by Andrew Williams Pdf

Andrew Williams analyses the role of values in the European Union and suggests how to make the EU more just.

Judicial Activism at the European Court of Justice

Bruno de Witte,Elise Muir,Mark Dawson
Judicial Activism at the European Court of Justice Book PDF

Author : Bruno de Witte,Elise Muir,Mark Dawson
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 54,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857939401

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Judicial Activism at the European Court of Justice by Bruno de Witte,Elise Muir,Mark Dawson Pdf

ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.

European Values

François Foret,Oriane Calligaro
European Values Book PDF

Author : François Foret,Oriane Calligaro
Publisher : Routledge
Page : 190 pages
File Size : 42,7 Mb
Release : 2018-06-14
Category : Political Science
ISBN : 9781351037402

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European Values by François Foret,Oriane Calligaro Pdf

Redefinitions of EU borders (enlargements, Brexit), geopolitical challenges (conflicts, migrations, terrorism, environmental risks) and the economic and financial crises have triggered debates on the common values that hold European countries and citizens together, justify public action and ensure the sustainability of European governance. This book discusses the genesis of and increasing references to "European values", their appropriation by diverse groups of actors and their impact on public action. It argues that European values are a broad and flexible symbolic repertoire, instrumental to serving diverging ends, and a resource for both negotiation and conflicts. Looking at the broader picture, the book reflects on the role of values in the institutionalization of the EU as a political order and paves the way to an assessment of its singularity in comparison with other polities across time and space. This text will be of key interest to scholars, students and practitioners in EU politics, comparative politics, IR, public policy, sociology and cultural studies.

Europe's Passive Virtues

JAN. ZGLINSKI,Jan Zglinski
Europe s Passive Virtues Book PDF

Author : JAN. ZGLINSKI,Jan Zglinski
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 41,9 Mb
Release : 2020-06-04
Category : Law
ISBN : 9780198844792

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Europe's Passive Virtues by JAN. ZGLINSKI,Jan Zglinski Pdf

The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

The Legal Order of the European Union

Timothy Moorhead
The Legal Order of the European Union Book PDF

Author : Timothy Moorhead
Publisher : Routledge
Page : 196 pages
File Size : 44,6 Mb
Release : 2014-05-30
Category : Law
ISBN : 9781134446209

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The Legal Order of the European Union by Timothy Moorhead Pdf

The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.

The Rule of Law in Europe

María Elósegui,Alina Miron,Iulia Motoc
The Rule of Law in Europe Book PDF

Author : María Elósegui,Alina Miron,Iulia Motoc
Publisher : Springer Nature
Page : 287 pages
File Size : 50,8 Mb
Release : 2021-04-20
Category : Law
ISBN : 9783030560010

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The Rule of Law in Europe by María Elósegui,Alina Miron,Iulia Motoc Pdf

This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.

Reinforcing Rule of Law Oversight in the European Union

Carlos Closa,Dimitry Kochenov
Reinforcing Rule of Law Oversight in the European Union Book PDF

Author : Carlos Closa,Dimitry Kochenov
Publisher : Cambridge University Press
Page : 357 pages
File Size : 48,5 Mb
Release : 2016-10-13
Category : Law
ISBN : 9781107108882

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Reinforcing Rule of Law Oversight in the European Union by Carlos Closa,Dimitry Kochenov Pdf

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Human Rights Protection in the European Legal Order

Patricia Popelier,Catherine van de Heyning,Piet Van Nuffel
Human Rights Protection in the European Legal Order Book PDF

Author : Patricia Popelier,Catherine van de Heyning,Piet Van Nuffel
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2011
Category : Human rights
ISBN : 1780680104

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Human Rights Protection in the European Legal Order by Patricia Popelier,Catherine van de Heyning,Piet Van Nuffel Pdf

Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)

The Court of Justice of the European Union

Mattias Derlén,Johan Lindholm
The Court of Justice of the European Union Book PDF

Author : Mattias Derlén,Johan Lindholm
Publisher : Unknown
Page : 247 pages
File Size : 40,8 Mb
Release : 2018
Category : Courts
ISBN : 1509919112

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The Court of Justice of the European Union by Mattias Derlén,Johan Lindholm Pdf

The court of justice then, now and tomorrow / Anthony Arnull -- Preliminary rulings to the CJEU and the Swedish Judiciary ? Current developments / Ulf Bernitz -- A dynamic analysis of judicial behaviour: the auto-correct function of constitutional pluralism / Ana Bob¡c -- Pre-ratification judicial review of international agreements to be concluded by the European Union / Graham Butler -- Serving two masters: CJEU case law in Swedish first instance courts and national courts of precedence as gatekeepers / Mattias Derlén and Johan Lindholm -- The role of the court in limiting national policy-making? Requiring safeguards against the arbitrary use of discretion / Angelica Ericsson -- Institutional balance as constitutional dialogue: a Republican paradigm for the EU / Desmond Johnson -- House of Cards in Luxemburg? A brief defence of the strategic model of judicial politics in the context of the European Union / Olof Larsson and Daniel Naurin -- Referring court influence in the preliminary ruling procedure: the Swedish example / Anna Wallerman -- Citizen control through judicial review / Anna Wetter Ryde -- The Scandinavians ? The foot-dragging supporters of European law? / Marlene Wind -- On specialisation of chambers at the General Court -- Ulf Berg, Mohamed Ali and Pauline sabouret

Remedies against Immunity?

Valentina Volpe,Anne Peters,Stefano Battini
Remedies against Immunity Book PDF

Author : Valentina Volpe,Anne Peters,Stefano Battini
Publisher : Springer Nature
Page : 427 pages
File Size : 55,7 Mb
Release : 2021-04-08
Category : Law
ISBN : 9783662623046

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Remedies against Immunity? by Valentina Volpe,Anne Peters,Stefano Battini Pdf

The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.