Relationship Between The European Court Of Justice Ecj And The National Constitutional Courts Of The Member States With Respect To Control Of Legislative Competences Of The European Union

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Relationship Between the European Court of Justice (ECJ) and the National Constitutional Courts of the Member States with Respect to Control of Legislative Competences of the European Union

Jean Knödel
Relationship Between the European Court of Justice ECJ and the National Constitutional Courts of the Member States with Respect to Control of Legislative Competences of the European Union Book PDF

Author : Jean Knödel
Publisher : GRIN Verlag
Page : 53 pages
File Size : 52,8 Mb
Release : 2009-05-29
Category : Electronic
ISBN : 9783640334100

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Relationship Between the European Court of Justice (ECJ) and the National Constitutional Courts of the Member States with Respect to Control of Legislative Competences of the European Union by Jean Knödel Pdf

Seminar paper from the year 2008 in the subject Politics - International Politics - Topic: European Union, grade: 1,7, University of Hamburg (Master of Arts European Studies), course: Introduction to the System of the EU, language: English, abstract: A clarification of the conditions between the European Court of Justice (ECJ) and the Constitutional Courts of the Member States is of particular importance to ensure the effectiveness of the Community law. The ECJ as the body of jurisdiction has to show due regard for the protection of Community law. Hence it is jointly responsible for the existence of the European Community (EC) as a community based on law as well as for the progress of European integration. In this regard, it is essential if the relation between the ECJ and the national courts is clearly definable or if the latter claim intersecting auditing authorities for its own. As a consequence of an ambiguous allocation of rights and duties, the Community law could be deprived of its effectiveness by conflicting judgments of the national courts, which have been implemented within the Member States. The aim of this paper is to examine the relationship between the ECJ and the National Constitutional Courts with regard to possible cleavages. The question behind the following is, if the national courts can be referred to as the 'underdogs' of the European integration. Therefore, the GFCC is cited as an example.

Relationship between the European Court of Justice and the National Constitutional Courts. The control of legislative competences of the European Union

Jean Knödel
Relationship between the European Court of Justice and the National Constitutional Courts The control of legislative competences of the European Union Book PDF

Author : Jean Knödel
Publisher : GRIN Verlag
Page : 22 pages
File Size : 42,5 Mb
Release : 2009-05-28
Category : Political Science
ISBN : 9783640334094

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Relationship between the European Court of Justice and the National Constitutional Courts. The control of legislative competences of the European Union by Jean Knödel Pdf

Seminar paper from the year 2008 in the subject Politics - International Politics - Topic: European Union, grade: 1,7, University of Hamburg (Master of Arts European Studies), course: Introduction to the System of the EU, language: English, abstract: A clarification of the conditions between the European Court of Justice (ECJ) and the Constitutional Courts of the Member States is of particular importance to ensure the effectiveness of the Community law. The ECJ as the body of jurisdiction has to show due regard for the protection of Community law. Hence it is jointly responsible for the existence of the European Community (EC) as a community based on law as well as for the progress of European integration. In this regard, it is essential if the relation between the ECJ and the national courts is clearly definable or if the latter claim intersecting auditing authorities for its own. As a consequence of an ambiguous allocation of rights and duties, the Community law could be deprived of its effectiveness by conflicting judgments of the national courts, which have been implemented within the Member States. The aim of this paper is to examine the relationship between the ECJ and the National Constitutional Courts with regard to possible cleavages. The question behind the following is, if the national courts can be referred to as the ‘underdogs’ of the European integration. Therefore, the GFCC is cited as an example.

Judicial Control in the European Union

Alicia Hinarejos Parga
Judicial Control in the European Union Book PDF

Author : Alicia Hinarejos Parga
Publisher : Unknown
Page : 229 pages
File Size : 41,5 Mb
Release : 2009
Category : Law
ISBN : 9780199569960

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Judicial Control in the European Union by Alicia Hinarejos Parga Pdf

The EU's activity under its intergovernmental pillars - The Common Foreign and Security Policy and Justice and Home Affairs - has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.

The Law of the European Union and the European Communities

Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell
The Law of the European Union and the European Communities Book PDF

Author : Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell
Publisher : Kluwer Law International B.V.
Page : 1456 pages
File Size : 47,9 Mb
Release : 2018-09-28
Category : Law
ISBN : 9789041154125

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The Law of the European Union and the European Communities by Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell Pdf

The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

The Constitutional Relevance of the ECHR in Domestic and European Law

Giorgio Repetto
The Constitutional Relevance of the ECHR in Domestic and European Law Book PDF

Author : Giorgio Repetto
Publisher : Intersentia Uitgevers N V
Page : 251 pages
File Size : 45,5 Mb
Release : 2013
Category : Law
ISBN : 1780681186

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The Constitutional Relevance of the ECHR in Domestic and European Law by Giorgio Repetto Pdf

In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Anneli Albi,Samo Bardutzky
National Constitutions in European and Global Governance Democracy Rights the Rule of Law Book PDF

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 40,6 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736

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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

An Ever More Powerful Court?

Dorte Sindbjerg Martinsen
An Ever More Powerful Court Book PDF

Author : Dorte Sindbjerg Martinsen
Publisher : OUP Oxford
Page : 330 pages
File Size : 42,8 Mb
Release : 2015-10-01
Category : Law
ISBN : 9780191067693

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An Ever More Powerful Court? by Dorte Sindbjerg Martinsen Pdf

The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

European Public Law

Patrick J. Birkinshaw
European Public Law Book PDF

Author : Patrick J. Birkinshaw
Publisher : Kluwer Law International B.V.
Page : 616 pages
File Size : 47,8 Mb
Release : 2020-01-23
Category : Law
ISBN : 9789041198013

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European Public Law by Patrick J. Birkinshaw Pdf

The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.

Guardians of Public Value

Arjen Boin,Lauren A. Fahy,Paul 't Hart
Guardians of Public Value Book PDF

Author : Arjen Boin,Lauren A. Fahy,Paul 't Hart
Publisher : Springer Nature
Page : 357 pages
File Size : 46,8 Mb
Release : 2021
Category : Political planning
ISBN : 9783030517014

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Guardians of Public Value by Arjen Boin,Lauren A. Fahy,Paul 't Hart Pdf

This open access book presents case studies of twelve organisations which the public have come to view as institutions. From the BBC to Doctors Without Borders, from the Amsterdam Concertgebouw Orchestra to CERN, this volume examines how some organisations rise to prominence and remain in high public esteem through changing and challenging times. It builds upon the scholarly tradition of institutional scholarship pioneered by Philip Selznick, and highlights common themes in the stories of these highly diverse organizations; demonstrating how leadership, learning, and luck all play a role in becoming and remaining an institution. This case study format makes this volume ideal for classroom use and practitioners alike. In an era where public institutions are increasingly under threat, this volume offers concrete lessons for contemporary organisation leaders. Arjen Boin is Professor of Public Institutions and Governance at the Department of Political Science, Leiden University, Netherlands. Paul 't Hart is Professor of Public Administration at the Utrecht School of Governance, Utrecht University, Netherlands. Lauren A. Fahy is a PhD Fellow at the Utrecht School of Governance, Utrecht University, Netherlands.

The Relationship Between European Community Law and National Law

Andrew Oppenheimer
The Relationship Between European Community Law and National Law Book PDF

Author : Andrew Oppenheimer
Publisher : Cambridge University Press
Page : 1042 pages
File Size : 49,9 Mb
Release : 1994-10-27
Category : Law
ISBN : 0521472962

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The Relationship Between European Community Law and National Law by Andrew Oppenheimer Pdf

This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.

Federalism in the European Union

Elke Cloots,Geert De Baere,Stefan Sottiaux
Federalism in the European Union Book PDF

Author : Elke Cloots,Geert De Baere,Stefan Sottiaux
Publisher : Bloomsbury Publishing
Page : 438 pages
File Size : 53,9 Mb
Release : 2012-09-03
Category : Law
ISBN : 9781847319982

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Federalism in the European Union by Elke Cloots,Geert De Baere,Stefan Sottiaux Pdf

This edited volume aims to reveal the Janus-faced character of federalism in the European Union. Federalism appears in two main forms in the EU. On the one hand, numerous formerly unitary Member States have embarked on a path towards a (quasi-)federal governance structure. On the other hand, the EU itself is sometimes qualified as a federal system. Significantly, the concept of federalism has a very different, even opposite, connotation in both contexts. When associated with Member State reform, federalism is regarded as a technique for accommodating autonomy claims of sub-state nations. By contrast, when federalism is used as a label for the EU itself, it is conceived as a far-reaching way of integrating the nations of Europe. This dual appearance of federalism in the EU context is central to the structure of the book. The first collection of essays addresses the question whether the EU may be described as a federal system, and whether it can learn from existing federations. In the second set of contributions, the attention shifts to domestic federalisation processes, more particularly to the impact of these processes on EU law and vice versa.

Constitutional Law and Precedent

Monika Florczak-Wątor
Constitutional Law and Precedent Book PDF

Author : Monika Florczak-Wątor
Publisher : Routledge
Page : 278 pages
File Size : 54,9 Mb
Release : 2022-03-30
Category : Law
ISBN : 9781000589993

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Constitutional Law and Precedent by Monika Florczak-Wątor Pdf

This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

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 : 42,9 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.

The Judiciary in Central and Eastern Europe

Zdenek Kühn
The Judiciary in Central and Eastern Europe Book PDF

Author : Zdenek Kühn
Publisher : BRILL
Page : 336 pages
File Size : 54,5 Mb
Release : 2011-10-28
Category : Law
ISBN : 9789047429005

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The Judiciary in Central and Eastern Europe by Zdenek Kühn Pdf

The book analyses the judicial culture in East Central Europe from the era of Stalinism up to the post-Communist period of the 1990s and 2000s. The book targets the judicial ideology and the conception of law, phenomena most resistant to change.

The Question of Competence in the European Union

Loïc Azoulai
The Question of Competence in the European Union Book PDF

Author : Loïc Azoulai
Publisher : Oxford University Press
Page : 322 pages
File Size : 55,6 Mb
Release : 2014-03
Category : Law
ISBN : 9780198705222

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The Question of Competence in the European Union by Loïc Azoulai Pdf

The allocation of powers between the European Union and its Member States is a classic theme in European studies. The question of to how to limit the expansion of Union's competences whilst safeguarding the dynamics of the process of European integration is now being raised. This book is a theoretical and practical inquiry into this question