scholarly journals Supremacy of EC Law in the New Member States Bringing parliaments into the Equation of ‘Co-operative Constitutionalism’

2007 ◽  
Vol 3 (1) ◽  
pp. 25-67 ◽  
Author(s):  
Anneli Albi
Keyword(s):  
Political Institutions ◽  
Fundamental Rights ◽  
Constitutional Amendment ◽  
Market Regulation ◽  
Constitutional Courts ◽  
Member States ◽  
The Czech Republic ◽  
New Member States ◽  
Rights Protection ◽  
Ec Law

Minimal constitutional amendment at accession forced constitutional courts in new member states to make great efforts to avoid conflicts with EC and EU law – The importance of expanding the equation of ‘co-operative constitutionalism’ beyond judicial actors, by involving political institutions – The case of constitutional amendment in Estonia and Latvia – The concern over fundamental rights protection versus EC market regulation in Hungary, Estonia and the Czech Republic – Co-operative constitutionalism beyond judicial dialogues.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

scholarly journals The Binding Force of Babel: The Enforcement of EC Law Unpublished in the Languages of the New Member States

2007 ◽  
Vol 9 ◽  
pp. 43-80 ◽  
Author(s):  
Michal Bobek
Keyword(s):  
European Union ◽  
Central Bank ◽  
European Central Bank ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
New Member States ◽  
European Central ◽  
Binding Force ◽  
Ec Law

On 1 may 2004, 10 new Member States joined the European Union. This meant inter alia that, save for the express derogations provided for in the Act of Accession, the entire mass of Community secondary legislation became binding in the new Member States. This principle of the immediate effects of Community law in the new Member States was provided for in Article 2 AA: From the date of Accession, the provisions of the original Treaties and the acts adopted by the institutions and the European Central Bank before Accession shall be binding on the new Member States and shall apply in those States under the conditions laid down in those Treaties and in this Act.

scholarly journals General and Particular Approaches to Implementation of theEuropean Convention on Human Rights

2018 ◽  
Vol 55 ◽  
pp. 248-292
Author(s):  
VLADIMÍRA PEJCHALOVÁ GRÜNWALDOVÁ
Keyword(s):  
Human Rights ◽  
National Level ◽  
Case Law ◽  
European Convention ◽  
Constitutional Courts ◽  
The Czech Republic ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court

AbstractThis article deals with the implementation, at the national level, of European human rights protection standards as enshrined in theEuropean Convention on Human Rights(ECHR) and interpreted by the European Court of Human Rights (ECtHR). It discusses the principles of interpretation of theECHRby the ECtHR, the interaction and mutual dialogue between the ECtHR and national courts, and the approach of the latter to interpretation and application of the case law of the ECtHR. Using the concrete examples of France and the Czech Republic as case studies, it is shown to what extent and how European constitutional courts take into account and apply the letter of the Convention and its interpretation by the ECtHR.

scholarly journals Developments in Education and International Migrations in New Member States of the EU

2013 ◽  
Vol 19 (2) ◽  
pp. 39-63
Author(s):  
Olli Kultalahti
Keyword(s):  
Czech Republic ◽  
International Migration ◽  
Labour Markets ◽  
Education Systems ◽  
Member States ◽  
The Czech Republic ◽  
New Member States ◽  
International Demand ◽  
The Eu

The paper examines the development of education systems and international migrations in selected new Member States. The countries are Estonia, the Czech Republic and Slovakia. The paper focuses on various elements in the development of education systems making people able to cope with competition on global labour markets. The outcomes of these developments largely regulate the supply of labour and consequently its international demand. Some statistics on international migration and integration of migrants in global labour markets are presented. The aim of this paper is to raise questions about relevant issues to be paid attention to in studies focusing on education and international migrations rather than to try to give any straightforward solutions.

Countering Anti-Constitutional Argument: The Reasons for the European Court of Justice’s Decision in Kadi and Al Barakaat

2009 ◽  
Vol 11 ◽  
pp. 15-51 ◽  
Author(s):  
Jo Eric Khushal Murkens
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Constitutional Courts ◽  
Public International Law ◽  
European Court ◽  
Un Security Council ◽  
Failure To Protect ◽  
Ec Law ◽  
The Relationship

AbstractThis chapter examines the recent decision by the European Court of Justice in Kadi and Al Barakaat International Foundation. It is a response to criticism that the ECJ’s judgment, in providing for the review of EC measures implementing UN Security Council resolutions, undermines the authority of public international law. Instead of committing itself to international law and institutions at all cost, the ECJ concerns itself with the constitutional repercussions from national constitutional courts (in the case of failure to protect fundamental rights). Important as the relationship between EC law and international law is, there is a clear sense that the ECJ is responsible to, and will ultimately be held to account by, the courts and constitutions of the Member States of the European Union.

The Competences of the Union

2018 ◽  
Author(s):  
Theodore Konstadinides
Keyword(s):  
Fundamental Rights ◽  
Active Part ◽  
Eu Law ◽  
Legal Systems ◽  
Member States ◽  
Rights Protection ◽  
Salient Features ◽  
The Impact ◽  
Vertical Level ◽  
The Eu

The object of this chapter is to examine the way in which competences are designed and delineated in EU law at the vertical level between the EU and the Member States and discuss their salient features. Over the years, EU competences have expanded, although not as meteorically as one may think. To alleviate concerns among Member States about the impact of EU competence enlargement upon national legal systems, a number of principles were designed to limit the powers of the EU. Having said that, there is hardly today an area of regulation in which the EU does not play an active part—from trade and energy to sport and fundamental rights protection.

UN Sanctions and Judicial Review

2007 ◽  
Vol 76 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Nikolaos Lavranos
Keyword(s):  
European Union ◽  
Security Council ◽  
Judicial Review ◽  
Legal Order ◽  
Fundamental Rights ◽  
Rights Protection ◽  
European Court ◽  
Un Security Council ◽  
Ec Law ◽  
Community Legal Order

AbstractThis article analyses the way UN sanctions are implemented in the European legal order. As a basis for the analysis, the European Court of First Instance's (CFI) rulings in the Yusuf/Kadi/Ayadi 1 cases and the European Court of Human Rights's (ECrtHR) judgment in the Bosphorus 2 case are applied. The main critique of the author is that the CFI misconstrued the hierarchy of norms within the Community legal order when it argued that the EC/EU (European Community/European Union) is bound by UN Security Council resolutions in the same way as the Member States. Moreover, the conclusion drawn from this by the CFI that UN law enjoys supremacy over primary EC law is also rejected by the author. Finally, it appears that European courts are unwilling to provide judicial review against UN sanctions, which results in a lacuna concerning fundamental rights protection for affected individuals and organisations.

Sign in / Sign up

Export Citation Format

Share Document