Instruments of European law and questions concerning their implementation at national level as exemplified by water law, immission control law and waste law

The grounds of the European criminal procedure policy in the field of cyberjustice are analyzed in the article. The principles, tasks, expected results of the implementation of the cyberjustice, the basic approach to its implementation have been researched. The foundations of the European criminal procedure policy in the field of cyberjusticehave been introduced mainly in the acts of the European Council since 2011. Nowadays, the main source of European law in this field is the Guidelines on Cyberjustice of 14 June 2019, which are universal in nature, as they relate to various types of court proceedings, including criminal proceedings. Improving the quality of justice and taking an individual approach to the needs of the judiciary are key principles in building of cyberjustice. The main tasks, expected results of the implementation of cyberjustice, basic approaches to the implementation of the project have been definedat the model level. In order to implement the identified principles and achieve the expected results, the Guidelines on Cyberjusticeidentify two possible approaches forcreation of cyber justice: 1) centralized approach. A single authority manages at the national level. Such body could be the Ministry of Justice or the State Judicial Administration in Ukraine; 2) decentralized approach. Courts, prosecutors’ offices possesstheir own data centers and use software and data on their own. At the same time, the information should be systematically transmitted to the appropriate central authority. The article summarizes that 1) the foundations of European criminal justice policy in the field of cyber justice are enshrined, mainly, in Council of Europe acts since 2011; 2) Currently, the main source of European law in this area is the Guidelines on Cyber Justice of 14 June 2019, which are universal in nature as they relate to various types of justice, including criminal proceedings; 4) The key principles of cyber justice are to improve the quality of justice and to take an individual approach to the needs of the judiciary; 5) defines the main tasks, expected results of implementation of cyber justice, basic approaches to its implementation at the model level.

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Secondary Sources for Research in European Law

International Journal of Legal Information ◽

10.1017/s0731126500010854 ◽

1992 ◽

Vol 20 (1) ◽

pp. 41-54

Author(s):

Thomas Reynolds

Keyword(s):

National Level ◽

Actual Practice ◽

European Law ◽

Journal Articles ◽

Secondary Literature ◽

Secondary Sources ◽

The Subject

When discussing the subject of access to “the secondary literature” in European law, it is desirable to define terms as precisely as possible. I am limiting my observations to those media providing this access on a transnational basis, rather than strictly national bibliographical publications. In actual practice, this is not much of a limitation, since legal bibliography at the national level is only constrained by language, and the subjects treated frequently cross jurisdictional boundaries and concepts. A further, and more applicable, delimiter for “secondary literature” is to journal articles; that is to say, articles and materials appearing in serial publications of varying degrees of frequency; thus, one excludes monographic literature.

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Agents of Constitutionalism

Crafting the International Order ◽

10.1093/oso/9780198863830.003.0011 ◽

2021 ◽

pp. 249-276

Author(s):

Morten Rasmussen

Keyword(s):

National Level ◽

State Level ◽

Institutional Development ◽

The Political ◽

European Law ◽

International Treaties ◽

European Cooperation ◽

European Court ◽

Biographical Approach ◽

Second World

Why did European law experience a constitutional breakthrough in 1963–1964 when the political and institutional development of European integration had moved in the direction of an increasingly intergovernmental approach based on international treaties in the late 1950s? By employing a biographical approach to five key agents of European constitutionalism during the founding years of European law, the chapter argues that this handful of jurists from different countries was able to secure a constitutional breakthrough in the interpretation of European law despite the political trend. The key motivation shared by them all was grounded in the recent European past of the interwar crisis and the Second World War, which led them to support federalism as the best way to organize European cooperation. The five held very different positions both in the European institutions and at member state level, but managed to influence the development of European law through participation in the negotiations of the founding treaties, constitutional reforms at the national level and the agency of the European Commission and the European Court of Justice.

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Basic Concepts and Principles Related to Water at the National Level

10.1093/oso/9780199472475.003.0003 ◽

2018 ◽

Keyword(s):

Local Governments ◽

National Level ◽

Case Law ◽

Eminent Domain ◽

Water Law ◽

Basic Principles ◽

State And Local ◽

Basic Features ◽

The Right ◽

And Control

This chapter introduces the basic features of water law at the national level. The first section focuses on the fundamental right to water and reproduces several cases that have contributed to the understanding of the right to water. The second section focuses on constitutional provisions highlighting the varied competences of the national, state, and local governments in the water sector. The third section then moves on to highlight some of the basic principles of water law, including public trust, the precautionary principle, principles governing access to and control of water by individuals, sovereign appropriation and eminent domain. The instruments reproduced include, as appropriate, case law and statutes.

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On the Application of European Law in (Not Only) the Courts of the New Member States: ‘Don’t Do as I Say’?

Cambridge yearbook of European legal studies ◽

10.1017/s1528887000001245 ◽

2008 ◽

Vol 10 ◽

pp. 1-34 ◽

Cited By ~ 4

Author(s):

Michal Bobek

Keyword(s):

National Level ◽

Case Law ◽

European Law ◽

The European Union ◽

New Member States ◽

National Courts ◽

Court Of Justice ◽

Domestic Courts ◽

Official Languages ◽

Ec Law

In the classical narratives of the story called European integration, national judges are said to have a ‘mandate’ under European law: they are ‘empowered’ by EC law or, in the less thrilling versions of the story, they simply become ‘Community judges’. Not only are national judges obliged to apply substantive EC law, they are also requested to apply it in the way required by the Court of Justice. How, precisely, national judges are asked to apply EC law in domestic courts has traditionally been portrayed through the case law of the Court of Justice; not much attention has been paid to the reality in national courts. Over the years, the case law of the Court of Justice has created an image of a veritable European judicial Hercules: a judge who reads in many of the official languages of the European Union; who knows not only all the relevant national and European law, which he or she applies ex officio, but also engages in comparative interpretation of the law; who identifies him- or herself with the European telos which he or she is applying on the national level; and so on.

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Pushing Back: What Happens When Member States Resist the European Court of Justice? A Multi-Modal Approach to the History of European Law

Contemporary European History ◽

10.1017/s0960777312000276 ◽

2012 ◽

Vol 21 (3) ◽

pp. 417-435 ◽

Cited By ~ 4

Author(s):

BILL DAVIES

Keyword(s):

Legal System ◽

Legal History ◽

National Level ◽

European Court Of Justice ◽

European Law ◽

National Courts ◽

Court Of Justice ◽

European Court ◽

History Of ◽

System Focus

AbstractEstablished explanations of the development of the European legal system focus on the decisive power of the Court of Justice in determining the system's practice and parameters. Even accounts highlighting the various interlocutors involved with the Court are ultimately drawn to Luxembourg as the fulcrum of decision. However, these approaches neglect the equally constitutive role played by national courts, particularly when resisting the European Court of Justice (ECJ). By analysing the important consequences of the German Constitutional Court's Solange decision of 1974, this paper argues that we must complicate our retelling of the European Union's (EU) legal history by rethinking the importance of national-level agency.

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