The European Court of Justice’s Financial Accountability

2017 ◽  
Vol 13 (3) ◽  
pp. 453-474 ◽  
Author(s):  
Christoph Krenn
Keyword(s):  
European Court Of Justice ◽  
Democratic Legitimacy ◽  
Budgetary Process ◽  
Amicus Curiae ◽  
Judicial Process ◽  
Financial Accountability ◽  
Judicial Efficiency ◽  
Court Of Justice ◽  
European Court

European Court of Justice – European Parliament – Accountability through the budgetary process – Fostering the European Court of Justice’s democratic legitimacy through financial accountability – Accountability for how the European Court of Justice organises the institution and conducts its procedures – Efficiency versus quality as yardsticks to assess the Court’s performance – The European Parliament’s ambivalent practice of focusing solely on judicial efficiency – Proposals how the Parliament could take the quality of the European Court of Justice’s judicial process into account when assessing the Court – A different use of judicial statistics – Inciting quality-oriented reforms such as the introduction of amicus curiae participation and bilingual (French/English) deliberations

scholarly journals The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

2010 ◽  
Vol 58 (3) ◽  
pp. 85-90
Author(s):  
Hana Kelblová
Keyword(s):  
Consumer Protection ◽  
Trade Mark ◽  
European Court Of Justice ◽  
Patent Office ◽  
Trade Marks ◽  
Court Of Justice ◽  
Likelihood Of Confusion ◽  
European Court ◽  
The Law

The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

scholarly journals Subject Matter Specialization of European Union Jurisdiction in the Preliminary Rulings Procedure

2019 ◽  
Vol 20 (8) ◽  
pp. 1214-1231
Author(s):  
Matthias Jacobs ◽  
Matthias Münder ◽  
Barbara Richter
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Judicial System ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Court

AbstractOver the years, judgments by the European Court of Justice (“ECJ”) have been—sometimes heavily—criticized. While the recent reforms to the EU’s judicial system have addressed the high caseload of the General Court of the European Union (“GC”), the perceived lack of quality of the ECJ’s judgments in preliminary rulings procedures remains an issue. This Article will outline in what way these judgments are criticized and try to examine the root causes of the criticism. It goes on to argue that subject matter specialization is an adequate answer to this criticism and examines how subject matter specialization can be introduced into the European Union (“EU”) judicial system.

11. Standing: litigation and the public interest

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Judicial Review ◽  
European Court Of Justice ◽  
Judicial Process ◽  
Public Authorities ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Human Rights Act

This chapter examines standing—the entitlement to be heard by a court. No judicial process of any kind may proceed without it. In an ordinary claim, the claimant’s standing is based on his assertion of grounds for his claim to a remedy. In a claim for judicial review, the claimant does not assert a right to a remedy, but must have a ‘sufficient interest’ in the matter. The discussion covers campaign litigation, costs in campaign litigation, standing in an ordinary claim for a declaration, standing in Human Rights Act proceedings, standing before the European Court of Justice, standing for public authorities, and standing to intervene.

The Non-Regression Principle under EU and German Water Law ‘on the Ground’: A landmark decision of the European Court of Justice that leaves many questions open

elni Review ◽  
2016 ◽  
pp. 18-25
Author(s):  
Eckard Rehbinder
Keyword(s):  
Water Policy ◽  
Environmental Law ◽  
German Law ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
Open Questions ◽  
Quality Of Water ◽  
European Court

For quite some time, non-regression of environmental law has been propagated as a principle of international, European and national environmental law. While emphasis has been placed on the ‘non-regression movement’ in a legal context in the sense that environmental legislation should not back-trap, the non-regression principle also applies to environmental quality as such. This appears plausible since non-regression of environmental law is not an objective in itself but serves to maintain and improve the quality of the environment. An expression of the non-regression principle has been established in the European Water Framework Directive of 2000 (WFD). In contrast to previous EU law, the Directive does not only regulate water pollution but also the ecological quality of water bodies. The case this article deals with concerned the deepening of three segments of the lower Weser in north-western Germany to make the river navigable for very large sea-going vessels up to the ports of Bremerhaven, Brake and Bremen. The legality of the planning permission was challenged by an environmental association before the Federal Administrative Court of Germany. The Federal Administrative Court assumed that the legislature had intended to implement the WFD without rendering German law more severe than the Directive. Therefore, it referred the case to the European Court of Justice for a preliminary ruling on the interpretation of the non-deterioration obligation under Article 267 of the Treaty on the Functioning of the European Union (TFEU). On the 1st July 2015, the Court rendered its judgement on the case. The decision can quite rightly be denominated as a landmark decision on EU water policy. This article assesses this decision of the European Court of Justice on the Non-Regression Principle and specifically addresses remaining open questions not answered by the court.

scholarly journals Hidden Blemish in European Law: Judgements on Unconventional Monetary Programmes

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 18
Author(s):  
Bodo Herzog
Keyword(s):  
Law And Economics ◽  
European Court Of Justice ◽  
Democratic Legitimacy ◽  
The Public ◽  
European Central ◽  
Court Of Justice ◽  
European Court ◽  
Legal Implications ◽  
Wealth Redistribution ◽  
Effectiveness Of Monetary Policy

This article studies the hidden blemishes of two benchmark rulings of the European Court of Justice (ECJ). In 2015 and 2018, the ECJ approved two unconventional monetary instruments, among others ‘Outright Monetary Transactions’ and the ‘Public Sector Purchase Program’. Yet, there is a vigorous debate about both monetary operations in law and economics. In this interdisciplinary article, we address law and economic arguments in order to elucidate insights to the legal community. In particular, we elaborate on the legal implications of a variety of concerning issues such as public policy interference, effect on wealth redistribution, erosion of democratic legitimacy and lack of effectiveness of monetary policy. These topics remain disregarded in the ECJ rulings. Consequently, the verdicts do not identify the economic boundaries of the European Central Bank’s mandate appropriately.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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