Constitutional Aspects of Opinion 1/94 of the ECJ Concerning the Wto Agreement

1996 ◽  
Vol 45 (2) ◽  
pp. 440-462 ◽  
Author(s):  
Andrea Appella
Keyword(s):  
Uruguay Round ◽  
World Trade Organisation ◽  
Point Of View ◽  
European Court Of Justice ◽  
Economic Relations ◽  
Division Of Powers ◽  
Court Of Justice ◽  
European Court ◽  
International Economic Relations ◽  
The World

The conclusion of the Uruguay Round and the establishment of the World Trade Organisation raised one of the most touchy issues of the European architecture, notably the division of powers between the Community and the member States in the field of international economic relations. The dispute was settled by the European Court of Justice in Opinion 1/94, which was delivered on 15 November 1994.1 Although more than a year has passed since its publication, there are still a number of good reasons to explore the findings of the Court in Opinion 1/94 from the point of view of the Community constitution.

World economy and international economic relations

2020 ◽  
Author(s):  
Ol'ga Baburina
Keyword(s):  
International Economic ◽  
World Economy ◽  
System Analysis ◽  
Point Of View ◽  
Modern World ◽  
Federal State ◽  
Economic Relations ◽  
International Economic Relations ◽  
The World ◽  
State Educational

The main provisions of the theory of the world economy and international economic relations are presented. The strengthening of the integrity of the world economy is justified. The most important indicators from the point of view of system analysis are given. The concepts, concepts and dynamics of development of key forms of international economic relations are revealed. The construction of the balance of payments of various countries is analyzed. In the proposed publication, to control the level of mastering the discipline on each topic, tests, topics of reports and abstracts are given, practice-oriented tasks are developed based on objective statistical data of recent years. Meets the requirements of the Federal state educational standards of higher education of the latest generation. For bachelors studying in the field of Economics, it can be useful for teachers who lead the disciplines "World economy", "World economy and international economic relations", as well as for anyone interested in the processes taking place in the modern world economic system and the role of Russia in it.

Legal Issues of EC–Cyprus Trade Relations

2003 ◽  
Vol 52 (2) ◽  
pp. 489-498 ◽  
Author(s):  
Panos Koutrakos
Keyword(s):  
Point Of View ◽  
Legal Issues ◽  
European Court Of Justice ◽  
The Political ◽  
The European Union ◽  
Association Agreement ◽  
Trade Relations ◽  
The Third ◽  
Court Of Justice ◽  
European Court

Whilst the political aspects of Cyprus's membership to the European Union have become the main focus of academic analysis over the years, its trade relations with the Member States have raised issues just as interesting from a legal point of view. This has been illustrated quite recently by the Anastasiou II judgment delivered by the European Court of Justice in 2000. The article aims at highlighting some of these issues. It is structured in three parts: the first part outlines the provisions of the EC–Cyprus Association Agreement governing trade between the parties; the second part analyses the Court's first ruling on imports of certain produce from the northern part of Cyprus;1 the third part examines the recent judgment of the Court on imports of produce which, whilst originating in the northern part of Cyprus, are being accompanied by phytosanitary certificates issued by the Turkish authorities.

Objectivity and Statutory Interpretation: End Use in the Canadian Customs Tariff

2009 ◽  
Vol 46 ◽  
pp. 3-54 ◽  
Author(s):  
Maureen Irish
Keyword(s):  
Case Law ◽  
Physical Characteristics ◽  
European Court Of Justice ◽  
Coding System ◽  
Statutory Interpretation ◽  
Court Of Justice ◽  
European Court ◽  
The World ◽  
End Use

SummaryThe Harmonized Commodity Description and Coding System (Harmonized System) has been adopted by the major trading nations of the world, including Canada. Decisions of the European Court of Justice are influential for interpretation of the Harmonized System. According to these decisions, goods should be classified under the Harmonized System on the basis of their physical characteristics, while factors that relate to use after importation should be considered only if they are reflected in the physical characteristics. The author rejects this narrow approach and argues that interpretation will be successful only if it is done in light of the full commercial context, including use after importation, advertising, distribution, and market indicators such as price. The article reviews Canadian case law since implementation of the Harmonized System in 1988 as well as some decisions interpreting the pre-1988 Canadian nomenclature, which contained many tariff items that depended on the end use of goods after importation.

scholarly journals Euratom, the European Court of Justice, and the Limits of Nuclear Integration in Europe

2011 ◽  
Vol 12 (8) ◽  
pp. 1637-1659 ◽  
Author(s):  
Sebastian Wolf
Keyword(s):  
European Integration ◽  
Energy Supply ◽  
Nuclear Energy ◽  
European Economic Community ◽  
Point Of View ◽  
European Court Of Justice ◽  
Economic Community ◽  
Court Of Justice ◽  
European Court ◽  
Energy Community

Only a few European integration experts know that Jean Monnet, one of the masterminds of the European Coal and Steel Community, strongly preferred the European Atomic Energy Community to the European Economic Community in the 1950s and 1960s. From his point of view, sectoral and technical cooperation in the field of nuclear energy seemed to be much more promising in order to foster European integration than cross-sectoral economic integration. Monnet and others believed that nuclear energy could, inter alia, solve all energy supply problems, would revolutionize research and technical development, and could contribute to unifying the peoples of Europe in a few decades. However, nuclear energy in general and Euratom in particular have belied these expectations.

The Jurisdiction of the European Court of Justice to Give Preliminary Rulings on the Interpretation of Mixed Agreements

2000 ◽  
Vol 69 (4) ◽  
pp. 395-412 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
Case Law ◽  
European Court Of Justice ◽  
Member States ◽  
Court Of Justice ◽  
First Case ◽  
European Court ◽  
The World ◽  
Article 50 ◽  
Mixed Agreements

AbstractThis article is about the scope of the jurisdiction of the European Court of Justice to interpret, under Article 234 of the EC Treaty, international agreements which include among their contracting parties the European Community, all or some of its Member States and one or more other subjects of international law and which fall partly within the competence of the Community and partly within the competence of the Member States (so-called ‘mixed agreements’). In particular, the article addresses the question of whether, and if so to what extent, the Court's jurisdiction covers those provisions of mixed agreements which have been concluded under Member State powers. New light has been shed upon the question of jurisdiction by the Court's judgment in Case C-53/96 Hermès v. FHT concerning the interpretation of Article 50 of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) annexed to the 1994 Agreement establishing the World Trade Organization (WTO) – the first case where the jurisdiction issue is addressed by the Court outside the context of association agreements. The article analyses the judgment and its implications in the light of both the Court's earlier case law and the legal and policy considerations at stake when the scope of the Court's jurisdiction is determined.

scholarly journals Fulfillment of the Conditions of Law no. 302/2004 on the European Arrest Warrant

2021 ◽  
Vol 9 (1) ◽  
pp. 33-41
Author(s):  
Denisa Barbu ◽  
Nicolae Silviu Pana
Keyword(s):  
Member State ◽  
Point Of View ◽  
European Court Of Justice ◽  
Court Decision ◽  
Arrest Warrant ◽  
Framework Decision ◽  
Court Of Justice ◽  
Security Measure ◽  
European Court ◽  
European Arrest Warrant

In the Romanian and European doctrine, taking into account the definition given by the European legislator in the normative act itself, the Framework “Decision no. 2002/584/JHA, the European arrest warrant was defined in a similar manner as the legislator did”. Thus, one jurisprudential decision states that: “from a legal point of view, the European arrest warrant is defined as a court decision issued by the competent judicial authority of an EU Member State, in order for another state to arrest and hand over a person who is wanted in order to stand for prosecution, trial or the execution of a custodial sentence or a security measure” (European Court of Justice, 2016).

4. The Supremacy of EU Law and its Reception in the Member States

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Point Of View ◽  
European Court Of Justice ◽  
The Political ◽  
Eu Law ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Questions And Answers ◽  
Legal Arguments ◽  
Political Logic

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the European Court of Justice (ECJ).

Speaking Notes With Émile Noël on the Administration of Europe

1982 ◽  
Vol 17 (1) ◽  
pp. 35-47
Author(s):  
Ghiţa Ionescu
Keyword(s):  
European Commission ◽  
European Community ◽  
European Court Of Justice ◽  
Political Imagination ◽  
European Economic ◽  
Court Of Justice ◽  
European Court ◽  
The World ◽  
Treaty Of Rome ◽  
Council Of Ministers

No one, friend or foe, of the European Community could deny that its emergence, growth and consolidation in a very brief time as a ready-made administration, with all the powerful institutions it comprises, has been one of the most impressive achievements of modern political imagination and organizational skill. In Brussels, in Luxembourg, in Strasbourg, institutions appeared almost overnight created by the Treaty of Rome, the names of which inspire such contrary feelings in Europe and in the world at large: the European Court of Justice, the European Council of Ministers, the European Parliament, the European Economic and Social Committee; and last but not least, the European Commission, the most controversial of all these institutions, the most hated or the most admired, precisely because people believe and know that the Commission is the motor of this extraordinary development in European political history.

scholarly journals The Notion of “Employee” in the IDD: A Harmonized Interpretation Based on the EU Law

2020 ◽  
pp. 139-159
Author(s):  
Anna Tarasiuk ◽  
Bartosz Wojno
Keyword(s):  
Point Of View ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Eu Directive ◽  
Legal Relationship ◽  
Court Of Justice ◽  
European Court ◽  
Eu Directives ◽  
Definition Of

AbstractThe issue of the interpretation of the concept of an “employee of insurance undertaking”, which was used in the Directive on insurance distribution may cause issues from the point of view of the definition of the “employee” in terms of the type of legal relationship and the scope of activities that are allowed to be performed only by such employees. The authors demonstrate that, in accordance with the previous case law of the European Court of Justice/Court of Justice of the European Union, the concepts contained in EU directives should be interpreted in accordance with EU law, taking into account its autonomy and its aim (harmonization of legal systems of Member States). This should be applied even if a simple translation of a particular term used in an EU directive into the language of a Member State may give rise to an incentive for that term to be interpreted in the context of a local legal system.

scholarly journals THE FATE OF INVESTMENT DISPUTE RESOLUTION AFTER THE ACHMEA DECISION OF THE EUROPEAN COURT OF JUSTICE

2018 ◽  
Vol 19 (3) ◽  
Author(s):  
Burkhard Hess
Keyword(s):  
Dispute Resolution ◽  
Point Of View ◽  
European Court Of Justice ◽  
European Convention ◽  
Investment Arbitration ◽  
Court Of Justice ◽  
European Court ◽  
International Dispute ◽  
The Uk ◽  
The Eu

This article explores the contents and consequences of the Achmea judgment recently given by the European Court of Justice (6 March 2018, case C-284/16). In its first part, the article analyses the judgment from a European point of view. It notes that Achmea is primarily concerned with the autonomy of the EU legal order in international dispute resolution and only secondarily with investment arbitration. The judgment seamlessly ties in with the Court’s Opinion 2/13 on the Accession of the EU to the European Convention of Human Rights. In its second part, the article assesses the consequences of the judgment for current and future investment dispute resolution. It argues that (i) investment arbitration is over for intra-EU Bilateral Investment Treaties and (ii) most likely also for intra-EU disputes under the Energy Charter Treaty; (iii) the European Commission must be careful not to jeopardise the supremacy of the ECJ in interpreting the EU law when concluding future international dispute resolution agreements; (iv) the same holds true regarding dispute resolution under the UK Withdrawal Agreement when negotiating the Brexit.

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