Argument by Analogy In Europian Law

1998 ◽  
Vol 57 (3) ◽  
pp. 481-521 ◽  
Author(s):  
Katja Langenbucher

ARGUMENT by analogy is one of the oldest methods of decision making. Whenever the similarity between two situations induces someone to decide one case like another, an analogy is drawn. Argument by analogy also forms an integral part of legal reasoning. Arguably, every legal tradition employs some version of it to justify judicial decisions. European law has only just started to develop its own distinct jurisprudence. As the various judicial systems present in the European Union struggle for recognition of their legal heritage, the way in which arguments by analogy will be used on an European level is likely to combine different approaches.

2000 ◽  
Vol 16 (2) ◽  
pp. 299-302 ◽  
Author(s):  
David Banta ◽  
Wija Oortwijn

Health technology assessment (HTA) has become increasingly important in the European Union as an aid to decision making. As agencies and programs have been established, there is increasing attention to coordination of HTA at the European level, especially considering the growing role of the European Union in public health in Europe. This series of papers describes and analyzes the situation with regard to HTA in the 15 members of the European Union, plus Switzerland. The final paper draws some conclusions, especially concerning the future involvement of the European Commission in HTA.


2021 ◽  
Author(s):  
Joanna Mazur

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.


Author(s):  
Karl Magnus Johansson ◽  
Tapio Raunio

Media often portrays European Union (EU) decision-making as a battleground for national governments that defend the interests of their member states. Yet even the most powerful individuals, such as the German chancellor, the French president, or the Commission president, are party politicians. At the same time the consistent empowerment of the European Parliament (EP) means that the party groups of European-level “Europarties”—political parties at European level—are in a key position to shape EU legislation. The Parliament has also become more directly involved in the appointment of the Commission, with the results of EP elections thus influencing the composition of the Commission. Examining the “partyness” of European integration, this article argues that scholarly understanding of the role of parties in the EU political system has taken great strides forward since the turn of the millennium. This applies especially to the EP party groups, with research focusing particularly on voting patterns in the plenary. This body of work has become considerably more sophisticated and detailed over the years; it shows that the main EP groups do achieve even surprisingly high levels of cohesion and that the left–right dimension is the primary axis of contestation in the chamber. It nonetheless also emphasizes the continuing relevance of national parties that control candidate selection in EP elections. Considering that most votes in the Parliament are based on cooperation between the two largest groups, the center-right European People’s Party (EPP) and the center-left Party of the European Socialists (PES), future research should analyze in more detail how these groups build compromises. Actual Europarties, however, remain relatively unexplored. Case studies of treaty reforms or particular policy sectors reveal how individual Europarties have often wielded decisive influence on key integration decisions or key appointments to EU institutions. The Europarty meetings held in conjunction with European Council summits are particularly important in this respect. The regular, day-to-day activities of Europarties deserve more attention, both regarding decision-making and vertical links between national parties and their Europarties. Overall, it is probably more accurate to characterize Europarties as networks of like-minded national parties or as loose federations of member parties, especially when compared with the often centralized and strongly disciplined parties found in the member states.


2013 ◽  
Vol 14 (9) ◽  
pp. 1687-1730 ◽  
Author(s):  
Sarah Verstraelen

Although the temporal effects of judicial decisions have not completely escaped the attention of academic reviewers, the research on this topic is far from thorough. Most research focuses on the Court of Justice of the European Union (CJEU), thereby ignoring the temporal effects of judicial decisions of national or constitutional courts. This lack of interest is remarkable given the interaction between the national and European level.


Author(s):  
Henriette Müller

The aim of this chapter is to shed light on the informal realm of European deliberation and decision-making and the role the Commission presidency plays in it. The Commission presidency occupies a unique intermediary position within the institutional system of the European Union, as the only office that participates in the four European-level policymaking arenas—the College of Commissioners, the European Council, the Council of Ministers, and the European Parliament. Mediative-institutional leadership encompasses the capacity to build consensus in the different decision-making arenas of the European Union as well as managing and guiding the Commission’s work effectively. The chapter analyzes the performance of institutional mediation of three Commission presidents, Walter Hallstein, Jacques Delors, and José Manuel Barroso. The study is based on twenty-nine semi-structured expert interviews as well as fourteen interviews conducted by the Oral History Program of the Historical Archives of the European Union.


2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.


Author(s):  
Dieter Grimm

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.


This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.


IG ◽  
2020 ◽  
Vol 43 (4) ◽  
pp. 278-294
Author(s):  
Niklas Helwig ◽  
Juha Jokela ◽  
Clara Portela

Sanctions are one of the toughest and most coercive tools available to the European Union (EU). They are increasingly used in order to respond to breaches of international norms and adverse security developments in the neighbourhood and beyond. However, the EU sanctions policy is facing a number of challenges related to the efficiency of decision-making, shortcomings in the coherent implementation of restrictive measures, as well as the adjustments to the post-Brexit relationship with the United Kingdom. This article analyses these key challenges for EU sanctions policy. Against the backdrop of an intensifying global competition, it points out the need to weatherproof this policy tool. The current debate on the future of the EU provides an opportunity to clarify the strategic rationale of EU sanctions and to fine-tune the sanctions machinery.


2020 ◽  
Vol 152 ◽  
pp. 102-111
Author(s):  
Igor V. Pilipenko ◽  

This article considers how to enhance the institutional structure of the Eurasian Economic Union (EAEU) in order to enable timely decision-making and implementation of governance decisions in the interests of Eurasian integration deepening. We compare the governance structures of the EAEU and the European Union (EU) using the author’s technique and through the lens of theories of neofunctionalism and intergovernmentalism elaborated with respect to the EU. We propose to determine a major driver of the integration process at this stage (the College of the Eurasian Economic Commission or the EAEU member states), to reduce the number of decision-making bodies within the current institutional structure of the EAEU, and to divide clearly authority and competence of remaining bodies to exclude legal controversies in the EAEU.


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