scholarly journals PRIVATE INTERNATIONAL LAW AND EU EXTERNAL RELATIONS: THINK LOCAL ACT GLOBAL, OR THINK GLOBAL ACT LOCAL?

2016 ◽  
Vol 65 (3) ◽  
pp. 541-579 ◽  
Author(s):  
Alex Mills
Keyword(s):  
International Law ◽  
External Action ◽  
Private International Law ◽  
The European Union ◽  
External Effects ◽  
External Relations ◽  
Internal Action ◽  
External Dimension ◽  
The Eu

AbstractIn the European Union, private international law has almost exclusively been developed through the adoption of internal acts (particularly EU Regulations) in the pursuit of internal goals (principally, enhancing the efficient functioning of the internal market, and more recently and broadly the construction of an area of freedom, security and justice). This focus has and must come under challenge in light of two developments. The first is the apparent establishment of EU exclusive external competence in the field of private international law, creating the opportunity for external action by the EU. The second is the increased recognition that internal action by the EU has external effects, which should be viewed not merely as incidental but also as potentially instruments of external policy. In conjunction, these developments demand consideration of what role private international law could and should play as part of EU external relations. This article critically examines a range of possible techniques which might be adopted in relation to this new external dimension of EU private international law. These methods are not necessarily unique to private international law or the EU, and thus this article also provides a case study of the range of legal techniques which can be used by international actors to project policies externally.

‘But the Last Word Is Ours’: The Monopoly of Jurisdiction of the Court of Justice of the European Union in Light of the Investment Court System

2019 ◽  
Vol 30 (4) ◽  
pp. 1187-1220
Author(s):  
Francisco de Abreu Duarte
Keyword(s):  
European Union ◽  
General Framework ◽  
External Action ◽  
The Other ◽  
Court System ◽  
The European Union ◽  
Court Of Justice ◽  
The One ◽  
The Eu

Abstract This article develops the concept of the monopoly of jurisdiction of the Court of Justice of the European Union (CJEU) through the analysis of the case study of the Investment Court System (ICS). By providing a general framework over the criteria that have been developed by the Court, the work sheds light on the controversial principle of autonomy of the European Union (EU) and its implications to the EU’s external action. The work intends to be both pragmatic and analytical. On the one hand, the criteria are extracted as operative tools from the jurisprudence of the CJEU and then used in the context of the validity of the ICS. This provides the reader with some definitive standards that can then be applied to future cases whenever a question concerning autonomy arises. On the other hand, the article questions the reasons behind the idea of the monopoly of jurisdiction of the CJEU, advancing a concept of autonomy of the EU as a claim for power and critiquing the legitimacy and coherence of its foundations. Both dimensions will hopefully help to provide some clarity over the meaning of autonomy and the monopoly of jurisdiction, while, at the same time, promoting a larger discussion on its impact on the external action of the EU.

scholarly journals Citizens and Transatlantic Free Trade Agreements: How to Reconcile American ‘Constitutional Nationalism’ with European ‘Multilevel Constitutionalism’?

2018 ◽  
Vol 19 (3) ◽  
pp. 349-391
Author(s):  
Ernst-Ulrich Petersmann
Keyword(s):  
International Law ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Fundamental Rights ◽  
The European Union ◽  
External Relations ◽  
Eu Policies ◽  
Governance Institutions ◽  
The Eu

Abstract The free trade agreements (FTAs) of the European Union (EU) aim at protecting transnational public goods (PGs) – such as a rules-based, transatlantic market – that could be progressively extended to other European and North-American FTA members and serve as a model for reforming worldwide trade rules and governance institutions. International law and governance can protect PGs more effectively if citizens are empowered as ‘democratic principals’ to hold multilevel governance institutions legally, democratically and judicially accountable for governance failures. The Lisbon Treaty established a ‘cosmopolitan foreign policy constitution’ requiring ‘protection of its citizens’, ‘strict observance of international law’ and rights-based market regulations also in the EU’s external relations. This contribution criticizes EU policies of disempowering citizens in FTAs and undermining their fundamental rights. Without respect for rule of law, the EU cannot overcome its crises of legitimacy and the distrust of citizens vis-à-vis intergovernmental EU regulations.

Changing balances of PIL theories in a Europeanized Private International Law

2018 ◽  
Vol 25 (5) ◽  
pp. 533-550
Author(s):  
Klea Vyshka
Keyword(s):  
Member State ◽  
International Law ◽  
Mutual Recognition ◽  
Case Law ◽  
Company Law ◽  
Private International Law ◽  
The European Union ◽  
International Laws ◽  
Methods Of Application ◽  
The Eu

This article offers a reading of the case law of the Court of Justice of the European Union (CJEU) from a private international law perspective (PIL). The developments that the CJEU thus gave start to in the field of company law, and especially in EU citizenship, invites for a reshaping of the balances between Union law and Member State private international laws, especially in the field of methods of application. This article aims to shed light into the question ‘To what extent has the EU citizenship as a connecting factor in the context of a Europeanized PIL changed the PIL traditional methods of application?’ The host Member State is obliged to recognize the duly created rights in the original Member State, with respect to the mutual recognition principle. The return of the vested rights theory as opposed to the use of the traditional conflict-of-law approach seems on its way.

scholarly journals EU Foreign Relations Law as a Field of Scholarship

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 321-325 ◽  
Author(s):  
Joris Larik
Keyword(s):  
European Union ◽  
International Law ◽  
Foreign Relations ◽  
Legal Order ◽  
International Organization ◽  
Eu Law ◽  
The European Union ◽  
External Relations ◽  
Scholarly Attention ◽  
The Eu

EU external relations law is a doubly peculiar field of scholarship that has attracted significant scholarly attention over the last several decades. It is both part of EU law—considered a “new legal order” distinct from international law—and it is concerned with the European Union as a global actor, a “strange animal” in that the EU is neither a state nor a classical international organization.

scholarly journals Article 3(5) TEU a decade on: Revisiting ‘strict observance of international law’ in the text and context of other EU values

2021 ◽  
pp. 1023263X2110151
Author(s):  
Rupert Dunbar
Keyword(s):  
European Union ◽  
International Law ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Balanced Approach ◽  
Court Of Justice ◽  
External Relations ◽  
Domestic Courts ◽  
The Eu

Article 3(5) of the Treaty on the European Union concerns EU external relations and was a new provision of the Lisbon Treaty. It has been seized upon by scholars for its reference to ‘strict observance of international law’ by the EU in its relations with the wider world. However, recent case law in the Court of Justice of the European Union has demonstrated little movement towards this supposed ideal. This article supports the fact that rigid and unquestioning adherence to international law has not emerged in case law, particularly as Article 3(5) TEU also mandates that the Union ‘uphold and promote its values and interests’. By taking a broader view of both the text and context of Article 3(5) TEU in EU law as a whole, and through consideration of the limited demands international law places on domestic courts, the article argues that – contrary to current literature – a more expressly balanced approach towards respect for international law is required and should be nurtured in the case law.

Providing for European-Level Diplomacy after Lisbon: The Case of the European External Action Service

2009 ◽  
Vol 4 (2) ◽  
pp. 211-233 ◽  
Author(s):  
Simon Duke
Keyword(s):  
European Union ◽  
External Action ◽  
Lisbon Treaty ◽  
The European Union ◽  
European Level ◽  
Special Issue ◽  
Member States ◽  
External Relations ◽  
The Eu

AbstractThe Lisbon Treaty may well be on ice, may perhaps even be moribund, but there remain compelling reasons to think through the identified shortcomings of the European Union in external relations. Many of the innovations in the area of external relations that are contained in the treaty are dependent upon ratification by the EU's member states, but some are not; the European External Action Service (EEAS) falls into the latter category. Although the actual implementation of the EEAS will face formidable hurdles, as has been outlined in this contribution, the exercise of thinking through these challenges is essential if the EU and its members are to begin grappling with many of the issues examined in this special issue — ranging from the role of national diplomats in today's world to the successful pursuit of structural diplomacy and the effectiveness of the EU in multilateral organizations.

Cross-border litigation in England and Wales

2018 ◽  
Vol 25 (2) ◽  
pp. 139-167 ◽  
Author(s):  
Mihail Danov
Keyword(s):  
International Law ◽  
Access To Justice ◽  
Private International Law ◽  
The European Union ◽  
Legal Regime ◽  
England And Wales ◽  
Decision To Leave ◽  
Cross Border ◽  
The United Kingdom ◽  
The Eu

In the pre-Brexit era, England has established itself as one of the dominant jurisdictions for the resolution of cross-border disputes in the European Union (and the world). The legal regime in relation to private international law (PIL) in England and Wales has been significantly influenced by the EU PIL framework that was adopted at EU level. The United Kingdom decision to leave the EU might have significant implications for the parties’ access to justice in cross-border cases. This paper aims to devise a theoretical framework that is necessary to evaluate the potential impact of the UK’s decision to leave the EU on the private parties’ access to legal remedies. To this end, the author relies on empirical (qualitative) data that was gathered in 2015 and early 2016 in the context of the EU Private International Law: Legal Application in Reality (‘EUPILLAR’) project, indicating how the current EU PIL framework is functioning in England and Wales. An analysis of the way the parties’ strategies are devised under the current EU PIL regime helps in identifying the aspects which need to be considered, in order to set the research agenda and ascertain how the legal landscape in relation to PIL should be revised in the post-Brexit era.

scholarly journals Gender and the European Union

2015 ◽  
Keyword(s):  
Gender Equality ◽  
Gender Discrimination ◽  
External Action ◽  
The European Union ◽  
Women's Representation ◽  
External Relations ◽  
Women’S Representation ◽  
The World ◽  
And Gender ◽  
The Eu

Gender discrimination continues to be a reality in several parts of the world, also in Europe. The aim of this book is to provide an overview of both European Union’s (EU) gender policies and gender balance in EU institutions. It does so by looking at gender equality policies and the EU legal system concerning gender equality, women’s representation within diff erent institutions (and more particularly in the European External Action Service), gender rights as a type of human rights and the EU’s role in the external promotion of womens’ rights in third countries. The analysis shows that women’s representation in the EU institutions has increased in the last decades and that the EU has strengthened its att ention to gender rights in its external relations as well, however the results of both att empts are far from being fully satisfactory.

scholarly journals Konsekwencje brexitu w dziedzinie prawa prywatnego międzynarodowego

2020 ◽  
pp. 138-158
Author(s):  
Sylwia Majkowska-Szulc
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Member State ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

Brexit is a unique phenomenon as no Member State has ever expressed the will to leave the European Union. Never before had the in-depth impact of a Member State withdrawal been analysed. The issue has started to be analysed after the referendum in which the British voted in favour of leaving the European Union. The topic of the potential consequences of Brexit in the field of private international law concerns, inter alia, national jurisdiction in civil and commercial matters, mutual recognition and enforcement of judgments, specific procedures of EU uniform law, judicial cooperation between Member States or the functioning of the e-Justice Portal and dynamic forms. Before a given Member State withdraws from the EU, interested parties should have been informed, inter alia, of how pending proceedings will be conducted starting with the withdrawal day, what about proceedings initiated at the date of withdrawal or later on, and what about the rulings of the courts of the applicant state covered by the exequatur procedure before the withdrawal. Therefore, the primary purpose of the article is to determine the framework for the future relationship between the EU and the UK in the field of private international law. An additional aim of this paper is to better prepare natural and legal persons for the new post-Brexit reality. European integration has brought Europe peace and prosperity and enabled unprecedented cooperation in all areas of common interest. Following the withdrawal decision, the state and its citizens cease to benefit from the acquis communautaire. In fact, the United Kingdom left the European Union on 31 January 2020. As far as private international law is concerned, the United Kingdom has become a third country. Subsequently, on 1 February 2020 a transition period has started and it aims to provide more time for citizens and businesses to adapt. The negotiations on the future partnership between the EU and the UK has started in March 2020, but they were postponed due to the coronavirus COVID-19 pandemic. The relationship between the United Kingdom and the European Union is sometimes compared to love that has passed away, but former lovers must continue to meet from time to time to manage certain common affaires. The analysis of the topic leads to the conclusion that, in fact, Brexit is a unique phenomenon that has no added value.

scholarly journals Pojęcie współmałżonka w prawie unijnym – uwagi na tle orzeczenia w sprawie Coman (C‑673/16)

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 103-117
Author(s):  
Ewa Kamarad
Keyword(s):  
European Union ◽  
International Law ◽  
Mutual Recognition ◽  
Private International Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Right ◽  
First Time ◽  
The Eu

The Term ‘Spouse’ in EU Law – Comments on the Judgment in the Coman Case (C‑ 673‑16) The paper concerns the judgment of 5 June 2018 issued by the Court of Justice of the European Union in the Coman case (C‑673‑16), in which the Court for the first time defined the term ‘spouse’ for the purpose of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. It discusses the consequences of the judgement and its relation to the traditional mechanisms of private international law and the EU principle of mutual recognition.

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