From Status to Impact, and the Role of National Legislation: The Application of Article 34 TFEU to a Private Certification Organisation in Fra.bo

2013 ◽  
Vol 4 (3) ◽  
pp. 405-408 ◽  
Author(s):  
Barend van Leeuwen
Keyword(s):  
European Union ◽  
Private Law ◽  
The European Union ◽  
National Legislation ◽  
Court Of Justice ◽  
Private Certification

In Fra.bo, it was held by the Court of Justice of the European Union (“CJEU”) that “Article 28 EC must be interpreted as meaning that it applies to standardisation and certification activities of a private-law body, where the national legislation considers the products certified by that body to be compliant with national law and that has the effect of restricting the marketing of products which are not certified by that body” (author's headnote).

A Fourth in the Court: Why Are There Advocates General in the Court of Justice?

2012 ◽  
Vol 14 ◽  
pp. 529-561 ◽  
Author(s):  
Michal Bobek
Keyword(s):  
European Union ◽  
Member State ◽  
Negative Answer ◽  
Vantage Point ◽  
The European Union ◽  
European Level ◽  
Court Of Justice ◽  
Why Questions ◽  
Internal Justification

AbstractWhy are there Advocates General in the Court of Justice of the European Union? A standard answer to this question is likely to be either a simple textual reference (because the Treaty provides for them); or an appeal to authority (because the original framers of the Treaties put them there, inspired by the French legal system); or a rather pragmatic appeal to their on-going utility (because they assist the Court and they do a great job); or any combination of these three. All of these explanations are valid. This contribution, however, attempts to go a little deeper in discerning what may be the ideological justification for Advocates General in the Court of Justice. It does so by carrying out a historical and comparative study concerning their origins and systemic justification from the vantage point of a national lawyer coming from a Member State that does not know any type of a ‘fourth in the court’.The first part of the contribution explains which factors have considerably eroded the position of Advocates General in the course of the last decade and why questions concerning their role and its justification became topical. Second, the commonly invoked reference to the French inspiration for introducing Advocates General is critically examined. It is suggested that justifications once provided with respect to the office of commissaire du gouvernement in the Conseil d’État can hardly be used on the European level with respect to Advocates General. Third, possibilities of internal justification of the role of Advocates General are examined: are Advocates General providing any unique assistance to the Court of Justice, which could not be provided for in different ways? With a negative answer to the latter question, the last part of the argument offers a simple yet solid overreaching justification as to why there should be Advocates General in the Court of Justice.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

Comparative Law and the Europeanization of Private Law

2006 ◽  
pp. 538-578 ◽  
Author(s):  
Reinhard Zimmermann
Keyword(s):  
Comparative Law ◽  
European Court Of Justice ◽  
Private Law ◽  
Future Trends ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
Do So

The gradual emergence of a European private law is one of the most significant contemporary legal developments. Comparative law scholarship has played an important role in this process and will continue to do so. This article discusses the Europeanization of private law as a new and challenging task for comparative law. The second section considers the Europeanization of private law, describing the creation of the European Union and the role of the European Court of Justice. The third section discusses European legal scholarship. The fourth section cites the contributions of comparative law. The last two sections discuss current and future trends for the European private law.

The Role of the Court of Justice of the European Union in the Emerging EU Investment Policy

2014 ◽  
Vol 15 (3-4) ◽  
pp. 570-584 ◽  
Author(s):  
Christoph Herrmann
Keyword(s):  
European Union ◽  
Direct Investment ◽  
Investment Policy ◽  
The European Union ◽  
Policy Documents ◽  
Court Of Justice ◽  
Legal Questions ◽  
Investment Agreements ◽  
Trade And Investment

The transfer of an exclusive competence for “foreign direct investment” to the European Union (eu) in the Lisbon Treaty (2009) has raised numerous legal questions and has tasked the eu institutions with developing a policy field almost entirely new to them. One of the matters that requires thorough consideration is the role the Court of Justice of the European Union (cjeu) will enjoy with regard to this new policy, which role it may be given in investment agreements of the eu or to what extent its role may legally be excluded or diminished by iias. The policy documents published so far as well as leaked text of envisaged investment chapters of future eu trade and investment agreements disregard this matter entirely. Nevertheless, the cjeu will play a role on the basis of the provisions of the eu Treaties and it is largely for the Court itself to determine that role.

scholarly journals The Political Role of the European Court of Justice: How the EU Institutional Thresholds Shield the Integrationist Power of the Court

2019 ◽  
pp. 195-212
Author(s):  
Roberto Reyes Izquierdo
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Legislative Process ◽  
The European Union ◽  
Political Role ◽  
Fundamental Factor ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The aim of this paper is to analyse how the European Court of Justice (ECJ) has been a fundamental factor in the integration process of the European Union, in spite of the obstacles posed by the intergovernmental dynamics that have traditionally hindered the construction of a stronger, cohesive and more integrated Europe. Important principles such as direct effect or supremacy of EU law have been developed through ECJ rulings and case law, even when such principles were not literally foreseen in the foundational Treaties. Therefore, this paper argues that the role and power of the Court as an “indirect law-maker” have been essential for the construction of the European Union, and this has been possible due to the complexities and weaknesses of the legislative process involving the three main decision-makers: the Commission, the Council of the EU, and the European Parliament.

scholarly journals The Role of the Court of Justice in Creating Standards for the Implementation of Cultural Rights

2021 ◽  
Vol 12 (4) ◽  
pp. 41-56
Author(s):  
Anna Kosińska
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Member States ◽  
Cultural Rights ◽  
Eu Member States ◽  
Effective Implementation ◽  
Cultural Life ◽  
Court Of Justice

The present study seeks to answer the question whether the case law of the Court of Justice of the European Union in cases concerning the exercise of broadly understood cultural policies may in reality affect the extent of implementation of cultural rights—that is, access to products of culture, participation in cultural life and freedom of artistic creativity—at the level of Member States. Cultural rights are traditionally regulated by the constitutions of EU Member States and are classified by legal scholars and commentators as second generation rights. Culture, in turn, according to primary legislation of the European Union, is only a supporting competence (Article 6 of the Treaty on the Functioning of the European Union). However, a review of the Court’s case law demonstrates that CJEU’s judgments form standards that contribute to a more effective implementation of cultural rights guaranteed in the national law of the Member States and international agreements to which they are parties. This results from the nature of the Union’s law, which penetrates a national system and thanks to the principle of direct effect and supremacy truly affects the situation of EU citizens.

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