The ‘Bond van Adverteerders’ Case and Recent Legal Developments in EEC ‘Television Law’

1990 ◽  
Vol 3 (2) ◽  
pp. 231-238
Author(s):  
Georges Friden
Keyword(s):  
Cable Television ◽  
National Level ◽  
Case Law ◽  
Television Industry ◽  
Satellite Television ◽  
Technical Developments ◽  
Court Of Justice ◽  
Provision Of Services ◽  
Treaty Of Rome ◽  
Council Of Ministers

Before the recent adoption, by the Council of Ministers of the EEC, of a directive concerning EEC ‘television law’, technical developments in the European television industry were definitely outpacing legal ones. The emergence of cable and satellite television encouraged both broadcasting companies and advertisers to start operating on a European, instead of merely on a national level. This happened at first in a legal void which was eventually partly filled by the case law of the Court of Justice of the European Communities. Amongst others the relevant cases are the Sacchi Case and Debauve Case. The former established inter alia that the articles of the Treaty of Rome governing the free provision of services, also apply to television transmissions. The latter states that the same applies to cable television services.

scholarly journals Connecting the Dots Backwards, What Did Ruiz Zambrano Mean for EU Citizenship and Fundamental Rights in EU Law?

2021 ◽  
Vol 23 (1) ◽  
pp. 48-67
Author(s):  
Hanneke van Eijken
Keyword(s):  
Public Health ◽  
National Level ◽  
Case Law ◽  
Fundamental Rights ◽  
Added Value ◽  
Court Of Justice ◽  
The Right ◽  
Connecting The Dots ◽  
Near Future ◽  
The Eu

Abstract What was the added value of the Ruiz Zambrano judgment of the Court of Justice of the EU for the development of EU citizenship? And how does that affect the national level? In this contribution the case of Ruiz Zambrano and the subsequent case law of the Court of Justice and the Dutch courts is assessed to reveal its impact on EU citizenship and the protection of fundamental rights. The contribution shows that Ruiz Zambrano could be called a revolution, in the sense that irrespective of the exercise of free movement, nationals of the Member States can invoke their status of being an EU citizen. That has consequences for family reunification, and the right to reside as a family in the EU. However, the line of case law is still very limited and can be restricted on grounds of public policy and security (and public health; so far there is no case law on restriction on public health and Article 20 TFEU, but in the context of Covid-19 that might be different in the near future). Moreover, the fundamental rights narrative in the cases on Article 20 TFEU became more prominent. However, the implementation of this line of case law lies at the national level and the Dutch case law on Article 20 TFEU is therefore analysed as an example.

3. The EU’s Institutions

2015 ◽  
Author(s):  
Richard Corbett ◽  
John Peterson ◽  
Daniel Kenealy
Keyword(s):  
European Commission ◽  
National Level ◽  
European Parliament ◽  
Power Sharing ◽  
European Court Of Justice ◽  
European Council ◽  
Court Of Justice ◽  
European Court ◽  
Council Of Ministers ◽  
The Eu

This chapter examines five of the European Union's key institutions: the European Commission, the Council of Ministers, the European Council, the European Parliament, and the European Court of Justice. It draws analogies to these institutions' counterparts at the national level while also highlighting their distinct and unique features. It discusses the structures and formal powers of the five EU institutions and how they ‘squeeze’ influence out of their limited Treaty prerogatives. It concludes by explaining why these institutions matter in determining EU politics and policy more generally, focusing on three central themes: the extent to which the EU is an experiment in motion; the importance of power sharing and consensus; and the capacity of the EU structures to cope with the Union's expanding size and scope.

scholarly journals The conservation objectives of the Natura 2000 area in the light of law and case law

2019 ◽  
pp. 59-80
Author(s):  
Adam Habuda
Keyword(s):  
Nature Conservation ◽  
European Commission ◽  
National Level ◽  
Natura 2000 ◽  
Case Law ◽  
Habitats Directive ◽  
European Network ◽  
Eu Member States ◽  
Proper Management ◽  
Court Of Justice

The article discusses the issue of conservation objectives of the Natura 2000 area. The basis for their analysis is the Habitats Directive and the Polish Act on Nature Conservation together with plans of conservation tasks. It is a key legal instrument for the proper management of the Natura 2000 area and the European network of Natura 2000 sites. Its importance is recognized in the legal interpretations made by the Court of Justice and non-binding documents of the European Commission. However, the question should be asked whether such an important, and indeed fundamental for Natura 2000, institution should not be clearer and more precisely regulated by the European legislator. Lack of unambiguous norms of the directive may cause discrepancies in defining the objectives of Natura 2000 protection both at the level of various EU Member States and at the national level – in relation to individual Natura 2000 areas in a given country.

Judicial Protection against Plans and Programmes Affecting the Environment

2016 ◽  
Vol 13 (3-4) ◽  
pp. 294-324
Author(s):  
Lorenzo Squintani ◽  
Ernst J.H. Plambeck
Keyword(s):  
European Union ◽  
National Level ◽  
Case Law ◽  
Access To Justice ◽  
The European Union ◽  
Short Term ◽  
Reference Procedure ◽  
Court Of Justice ◽  
Aarhus Convention ◽  
Judicial Protection

Despite the importance of access to justice in the context of plans and programmes affecting the environment, no single eu secondary law measure requires Member States to ensure effective judicial protection against such acts, and thus access to the preliminary reference procedure. At national level, this could lead to the absence of procedures to ensure effective judicial protection against plans and programmes. The Netherlands is used in this contribution as an example of the presence of such a lacuna. We argue that the lack of effective judicial protection against plans and programmes affecting the environment is in breach of both the Aarhus Convention and eu law. The duty to reconsider definitive acts, as established under the case law of the Court of Justice of the European Union, can serve as a short-term solution to offer effective judicial protection by the backdoor.

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 Addressing age stereotyping against older workers in employment

2020 ◽  
Vol 62 (1) ◽  
pp. 67-92
Author(s):  
Lyndsey Bengtsson
Keyword(s):  
Older Workers ◽  
National Level ◽  
Case Law ◽  
Age Discrimination ◽  
The European Union ◽  
Content Type ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
The Uk

Purpose The purpose of this paper is to report on an analysis of direct age discrimination cases by the Court of Justice of the European Union (CJEU) and the UK courts and employment tribunals over an 11-year period. The paper focusses upon age stereotyping towards older workers and analyses whether it is endorsed at the European level and/or national level. Design/methodology/approach This research has analysed a sample of 100 employment tribunal judgments concerning direct age discrimination together with 28 CJEU decisions on direct age discrimination. Findings This paper highlights that there are a number of cases in which age stereotyping has been endorsed at the CJEU level. By contrast, the UK courts and employment tribunals have adopted a more robust approach. Research limitations/implications The main limitation is that it only considers case law from the European Court and the influence on the UK case law, without analysing the eventual decisions of the other EU member states. Originality/value The paper contributes to the debate with regard to the approach of the CJEU and the UK courts and employment tribunals in tackling age stereotyping and is the first to examine the influence the CJEU decisions has had on the UK jurisprudence over the period studied.

scholarly journals Obrót nieruchomościami rolnymi w świetle traktatowej swobody przepływu kapitału – rozważania na gruncie orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej

2020 ◽  
pp. 37-46
Author(s):  
Beata Włodarczyk
Keyword(s):  
European Union ◽  
National Level ◽  
Case Law ◽  
Free Movement ◽  
General Interest ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
Free Movement Of Capital

The aim of the article is to outline the legal issues of trading in agricultural property in the European Union, which is entirely subject to basic treaty rules. The free movement of capital, regulated in Article 63 of the Treaty on the Functioning of the European Union, is of particular importance in relation to cross-border operations connected with trading in agricultural property. Therefore the legislation in force and applicable in EU Member States should ensure that citizens of other Member States have the possibility of exercising this freedom. However, the free movement of capital is not absolute. In the light of the established case-law of the Court of Justice of the European Union, regulations limiting free movement of capital may be introduced at national level, provided that they pursue general interest objectives and comply with the principles of proportionality and non-discrimination.

Turn of the Tide?: The “Golden Share” Judgements of the European Court of Justice and the Liberalization of the European Capital Markets

2002 ◽  
Vol 3 (8) ◽  
Author(s):  
Johannes Adolff
Keyword(s):  
Central Element ◽  
Case Law ◽  
European Court Of Justice ◽  
Freedom Of Establishment ◽  
Community Institutions ◽  
Court Of Justice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Judicial Proceedings ◽  
Treaty Of Rome

There is hardly a set of legal institutions that has more contributed to the creation of the common market than the fundamental freedoms enshrined in the Treaty of Rome. The expanding concepts of freedom of establishment and of free movement of goods, persons, services and capital have, during the thirty years since the European Court of Justice\'s (ECJ) decision in \”Dassonville\”, by far become the Community\'s most effective deregulatory instruments. The driving force behind this development has been the case law of the Court. This case law has, on an initially slim basis in the Treaty, established the fundamental freedoms as the central element of a \“new legal order\” which has direct effect, results in the automatic inapplicability of incompatible national law and which can be invoked by every citizen in national administrative or judicial proceedings. Furthermore, it is enforced not only by Community institutions but also by EU-citizens acting as \“private public attorneys\” when bringing claims under European law against Member States for damages resulting from violations of the Treaty.

Defining ‘Family Members’ of EU Citizens and the Circumstances under Which They Can Rely on EU Law

2020 ◽  
Author(s):  
Georgios Milios
Keyword(s):  
Present Article ◽  
National Level ◽  
Family Members ◽  
Case Law ◽  
Legal Concept ◽  
Court Of Justice ◽  
Definition Of ◽  
Human Rights Standards ◽  
The Eu ◽  
The Way

Abstract The present article deals with the legal concept of family members of EU citizens in EU and national legislation. In particular, it examines the legal definition of family in Directive 2004/38, as well as the way the Court of Justice of the EU has interpreted the relevant provisions of the Directive. Not least, the present article focuses on the circumstances under which these persons may qualify as family members according to the case law of the CJEU. As for the research at national level, the present study examines the way the same issues are regulated in national implementing legislation of Spain. The article concludes that although the definition of family in Directive 2004/38 is still focused on a formal and traditional family model, the CJEU has quite progressively adopted a more expansive interpretation in relation to this concept. Regardless of this finding, this article argues that a more de facto approach is still necessary in order for the applicable rules to become more compatible with the reality of personal relations nowadays but also with the international human rights standards.

Concept of a court or tribunal under the reference for a preliminary ruling: the Court of Justice of the European Union practice

2021 ◽  
Vol 11 (3) ◽  
pp. 105-126
Author(s):  
Elena Sorokina
Keyword(s):  
European Union ◽  
National Level ◽  
Case Law ◽  
The Body ◽  
Preliminary Ruling ◽  
The European Union ◽  
Court Of Justice ◽  
National Body ◽  
Scope Of Application ◽  
Definition Of

The aim of the present article is to analyse the concept of a “court or tribunal” and its meaning within the preliminary ruling procedure of Article 267 of the Treaty on the Functioning of the European Union. The extensive case law of the Court of Justice of the European Union confirms the need for such analyse. The concept of a “court or tribunal” is one of EU law. There is no abstract definition of a “court or tribunal” in the Treaties and other EU legal acts. Also the Court of Justice has never clarified what a court or tribunal is under Article 267 TFEU. However, according to the Court of Justice’s practice a number of organizational and functional criteria are relevant for determining when a national body can make a preliminary reference. The Court of Justice does not focus on the nomes iuris of a body or its status in the national judicial system. In addition, the Court of Justice examines whether the body making the request for a preliminary ruling is a court or tribunal of a particular EU member state. It is also clear from the Court of Justice’s case law that not all of the different criteria have to be unconditionally met in order for a body to qualify as a court or tribunal that may refer preliminary questions and that some carry considerable more weight than others. It is possible to find a number of the Court of Justice decisions which may qualify in some respect too flexible and insufficiently consistent, with a lack of legal certainty, when requests for a preliminary ruling are declared admissible despite jurisdictional status of national bodies are being questionable. Still, such practice of the Court of Justice and flexibility approach take into account the changes occurring at national level and to be able to develop its case-law abreast of those changes. However, the opposite tendency emerges and the Court of Justice taking a more restrictive position than in previous pronouncements. The Court of Justice pays increasing attention to the criterion of independence when national body’s make a preliminary reference. Such an approach allows a further consistent development of case law specifying both the scope of application and the content of the criterion of independence by the Court of Justice and contributes to optimising the mechanism of cooperation in the preliminary ruling procedure.

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