scholarly journals Fundamental Rights Concerning Biomedicine in the Constitutional Treaty and Their Effect on the Diverse Legal Systems of Member States

2006 ◽  
pp. 313-331
Author(s):  
Atina Krajewska
Keyword(s):  
Fundamental Rights ◽  
Legal Systems ◽  
Constitutional Treaty ◽  
Member States

The Competences of the Union

2018 ◽  
Author(s):  
Theodore Konstadinides
Keyword(s):  
Fundamental Rights ◽  
Active Part ◽  
Eu Law ◽  
Legal Systems ◽  
Member States ◽  
Rights Protection ◽  
Salient Features ◽  
The Impact ◽  
Vertical Level ◽  
The Eu

The object of this chapter is to examine the way in which competences are designed and delineated in EU law at the vertical level between the EU and the Member States and discuss their salient features. Over the years, EU competences have expanded, although not as meteorically as one may think. To alleviate concerns among Member States about the impact of EU competence enlargement upon national legal systems, a number of principles were designed to limit the powers of the EU. Having said that, there is hardly today an area of regulation in which the EU does not play an active part—from trade and energy to sport and fundamental rights protection.

scholarly journals Il principio del mutuo riconoscimento nell'ordinamento dell'Unione europea

2020 ◽  
Author(s):  
Eloisa Giorgi
Keyword(s):  
Mutual Recognition ◽  
Point Of View ◽  
Fundamental Rights ◽  
Variable Geometry ◽  
Legal Systems ◽  
Judicial Cooperation ◽  
Member States ◽  
Distinctive Features ◽  
Legal Nature ◽  
Criminal Matters

The essay analyses the principle of mutual recognition as a legal technique of coordination of the Member States’ legal systems. We examine its ability of ensuring effectiveness of the individual’s fundamental rights and of favouring the European integration. The study of the principle is both static and dynamic. From a static standpoint, the analysis attempts to delineate the anatomy of mutual recognition, identifying its legal nature, its distinctive features in each of the three areas of its implementation (internal market, judicial cooperation in civil and criminal matters) and the variable geometry that characterises its application. From a dynamic point of view, the research examines the principle of mutual recognition as a technique for coordinating the legal systems of the Member States, in both its horizontal and vertical dimension.

Article 67 TFEU

2019 ◽  
Author(s):  
Michael Wilderspin
Keyword(s):  
Fundamental Rights ◽  
Legal Systems ◽  
Member States

Article 61 EC and ex Article 29 TEU The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States.

Features of Integration and Metaintegration in American Region

2019 ◽  
pp. 58-64
Keyword(s):  
Integration Method ◽  
South American ◽  
Legal Systems ◽  
Policy Integration ◽  
American Continent ◽  
Member States ◽  
The Creation ◽  
South American Continent ◽  
Andean Community ◽  
American Region

The analysis of integration of the legal systems of states in the American region is held. In the Southern subregion, a combination of integration and disintegration in cooperation of states led to the creation of two integration entities – MERCOSUR and the Andean Community (AC), in the Northern subregion – NAFTA. The author concludes that the convergence on the American continent, especially using the integration method, helped to implement a special scenario in the southern part of this continent – the meta-integration scenario, with the creation of the Union of South American Nations, uniting the Andean Community and MERCOSUR – something resembling a European one, but at the same time different from it. UNASUR is an effective mechanism for bringing together and integrating the states of the South American continent. Within this Union with notable leadership of Brazil and Argentina the first steps in the direction of the foreign policy integration of the member states are traced. In terms of economic integration, the Union uses the achievements of the AC and MERCOSUR, unifying the legal regulators in the economic sphere and bringing rapprochement to the legal systems of the member states.

scholarly journals Extraterritorial Bulk Surveillance after the German BND Act Judgment

2021 ◽  
pp. 1-25
Author(s):  
Marcin Rojszczak
Keyword(s):  
European Integration ◽  
Fundamental Rights ◽  
Effective Control ◽  
Electronic Surveillance ◽  
Integration Process ◽  
Member States ◽  
Eu Member States ◽  
Limited Usefulness

Foreign surveillance as a means of circumventing existing legal safeguards – Different perspectives on the problem of the extraterritorial application of fundamental rights in US and EU legal models – The limited usefulness of effective control tests for establishing the responsibility of states for action taken in cyberspace – Judgment of Bundesverfassungsgericht in the BND Act case as an interpretative guideline for the regulation of foreign surveillance in EU member states – Electronic surveillance as a threat to European integration process.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

A Comparative Study of International Maritime Conventions: Italian and Greek Perspectives

2017 ◽  
Vol 4 (2) ◽  
pp. 176-203
Author(s):  
Christina Zournatzi
Keyword(s):  
Comparative Study ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Member States ◽  
Expert Analysis

This paper brings together a comparative study alongside expert analysis of the most important International Maritime Conventions of interest to two European Member States with extensive and significant maritime traditions, Italy and Greece. Initially the general legal framework of these two States with civil law systems is pointed out, followed by an analysis of the most influential and eminent maritime Conventions that have been implemented in the States’ legal systems. The Conventions on salvage, arrest of ships, maritime liens and mortgages and limitation of liability are considered and scrutinised. The methods and the legislative actions that the States adopted for the International rules to become part of their national legislative systems are examined thoroughly.

scholarly journals 4 The Court and Domestic and International Legal Systems

2020 ◽  
Author(s):  
Nussberger Angelika
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Vienna Convention ◽  
Legal Systems ◽  
Member States ◽  
Supreme Courts ◽  
European Court ◽  
Set Up ◽  
The One ◽  
The Relationship

This chapter assesses the relationship between the European Court of Human Rights (ECtHR) and domestic and international legal systems. With the ratification of the European Convention on Human Rights (ECHR), the Member States accept to be bound by final judgments of the Court and to implement them in their domestic legal systems. The Convention system does not make any difference as to the set-up of the national legal system or to the hierarchical position accorded to the Convention in national law. This is in line with a purist international law perspective, summarized in Article 27 of the Vienna Convention of the Law on Treaties: ‘A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.’ However, from the constitutional law perspective of the Member States, the situation is much more multi-faceted and complex. While it is generally accepted that the Court's judgments are binding and have to be implemented, the relationship between the Convention and the national constitutions as well as between their respective guardians, the Court on the one hand and national constitutional or supreme courts on the other hand, is not seen as one-way and hierarchical, but nuanced and differentiated. Implementation of judgments is accepted to be a duty, but not necessarily without exceptions. The chapter then considers the relationship between the ECtHR and the European Court of Justice (ECJ).

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