The Right to an Effective Remedy Pursuant to Article II-107 Paragraph 1 of the Constitutional Treaty

2005 ◽  
Vol 6 (11) ◽  
pp. 1601-1616
Author(s):  
Katharina Pabel
Keyword(s):  
European Union ◽  
Legal Protection ◽  
The European Union ◽  
Constitutional Treaty ◽  
Part D ◽  
Binding Effect ◽  
Part C ◽  
Effective Remedy ◽  
The Right

The fundamental right to an effective remedy as guaranteed in Art. II-107(1) of the ‘Treaty establishing a Constitution for Europe’ (CT) is part of a comprehensive guarantee of effective legal protection and procedural guarantees. In the following, this fundamental right and how it relates to Parts I and III of the CT will be investigated in detail. First, the scope of Art. II-107(1) CT will be identified in Part B. Part C comments on the binding effect of this right. Finally, in Part D, some aspects of the Union's system of legal protection will be investigated in the light of Art. II-107(1) CT, and it will be discussed whether this right could be an instrument to close gaps in the legal protection of individuals against measures of the European Union.

scholarly journals The Meaning of Regulatory Act Explained: Are There Any Significant Improvements for the Standing of Non-Privileged Applicants in Annulment Actions?

2013 ◽  
Vol 14 (9) ◽  
pp. 1851-1865
Author(s):  
Haakon Roer-Eide ◽  
Mariolina Eliantonio
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
International Treaties ◽  
Legal Remedy ◽  
Fundamental Freedoms ◽  
Charter Of Fundamental Rights ◽  
Effective Remedy ◽  
The Right

The right to an effective legal remedy is a generally accepted principle of modern legal systems and is enshrined in national constitutions as well as international treaties, such as the European Convention on Human Rights and Fundamental Freedoms. On the European Union (hereinafter EU) level, the right to an effective remedy is laid down in Article 47 of the Charter of Fundamental Rights of the European Union.

scholarly journals The right to an effective remedy in European law: significance, content and interaction

2019 ◽  
Vol 6 (3-4) ◽  
pp. 163-174
Author(s):  
Wojciech Piątek
Keyword(s):  
European Union ◽  
Legal System ◽  
General Principle ◽  
Public Authority ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Effective Remedy ◽  
The Right

Abstract One of the basic rights and a general principle of the European Union is the right to an effective remedy. In the paper is presented the basis of the right to an effective remedy derived from the first paragraph of Article 47. The right could be realized only before a tribunal which is an extraordinary public authority competent to adjudicate civil, criminal and administrative cases. The effectiveness of a remedy manifests itself in the sense of preventing the alleged violation of law or its continuation, or in providing adequate redress for any violation that had already occurred. The standard of the right to an effective remedy is fulfilled in all EU Member States differently. As an example in the paper was presented interactions between above mentioned standards and polish legal system in the area of administrative judiciary.

Observations on the Right to Withdraw from the European Union: Who are the “Masters of the Treaties”?

2005 ◽  
Vol 6 (11) ◽  
pp. 1755-1760 ◽  
Author(s):  
Jochen Herbst
Keyword(s):  
European Union ◽  
The European Union ◽  
Constitutional Treaty ◽  
European Constitution ◽  
The Status ◽  
The Right ◽  
Right Of Withdrawal

Discussing the withdrawal provision pursuant to Article I-60 of the Constitutional Treaty (CT), also referred to as the sunset clause, in the morning light of the establishment of a European Constitution is pretty much like talking about divorce on your wedding day. Before I try to start analyzing the text of this new provision, I will briefly outline the status of the legal debate on the right of withdrawal from the current EU/EC Treaty. In this context, I would like to highlight three aspects by making one political and two legal observations.

Administrative and judicial remedies of EU on civil servants’ rights protection

2021 ◽  
pp. 21-26
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Civil Servants ◽  
Main Body ◽  
The European Union ◽  
Rights Protection ◽  
Court Of Justice ◽  
The One ◽  
Effective Remedy ◽  
The Eu

Problem setting. The modern pandemic reality makes all the citizens of the European Union vulnerable, especially in terms of employment and employment disputes. European civil service framework has been existing for more than 50 years, but until now some fundamental issues need to be tackled. Transparency is what the international community is striving for nowadays. The numerous tools for legal protection available to the EU servants offer completely different solutions to the one problem. Therefore, it is crucial to maintain the sound practice, according to the principle of sustainable development. The problems of the pre-trial administrative disputes resolution are questioning the mere ability of this mechanism to provide protection impartially and within sound terms. On the one hand, European Court of Justice stands as an effective remedy, which compensates the drawbacks of administrative way of rights protection. But on the other hand, the European Ombudsman institute shows, that both of the aforementioned remedies are not capable of giving up-to-date protection to the EU servants. That’s why substantial changes in this framework are needed, including reconsideration of the procedure of appeals prescribed under the Council of the EU Staff Regulation. Target of research is to evaluate the effectiveness of each of the remedies available to the EU servants for today in the EU acquis framework. Article’s main body. The article is devoted to the research of administrative and judicial means of remedies available to the EU servants. The analysis of the Court of Justice of the European Union case practice has been conducted. The procedure of resolution of administrative disputes between the EU servants and the EU institutions via the European Ombudsman institute has been investigated. The analysis of disputes concerning the protection of EU servants’ rights within the administrative framework within the institutions has been carried out. Conclusions. After analyzing various types of remedies on the protection of civil servants’ rights, a couple of issues to tackle has been revealed. The administrative remedies under Staff Regulations of the Council are not transparent enough to consider them sufficient for being the main way of protecting Staff rights prescribed in the Regulation. The European Ombudsman, along with judicial practice of the Court of Justice of the European Union might be the relief for the institutional mechanism of civil servants rights protection due to the strategic investigations the European Ombudsman is capable to undertake. Further recap of the administrative means of remedies available under the Staff Regulation is explicitly urgent to conduct as soon as possible.

scholarly journals Peculiarities of legal protection of personal data of minors in the field of electronic communication in the European Union

2019 ◽  
pp. 194-199
Author(s):  
M. S. Krylova
Keyword(s):  
European Union ◽  
Informed Consent ◽  
Electronic Communication ◽  
Personal Data ◽  
Legal Protection ◽  
Free Movement ◽  
The European Union ◽  
Electronic Communications ◽  
Provision Of Services ◽  
The Right

The paper considers the peculiarities of the legal protection of personal data of minors in the field of electronic communications in the European Union. The reasons for the expediency of introducing differentiated rules for minors in the context of the realization of the right to protection of personal data are substantiated. In addition, the article analyzes the provisions of Regulation (EC) 2016/679 on the protection of individuals in the processing of personal data and on the free movement of such data which entered into force in May 2018. The author reflects its innovations regarding the conditions for applying to the minors the concept of informed consent for processing and measures to verify the age of data, including the provision of services in electronic communications.

Constituent Power in the European Union

2020 ◽  
Author(s):  
Markus Patberg
Keyword(s):  
European Union ◽  
European Integration ◽  
National Level ◽  
The European Union ◽  
Constitutional Treaty ◽  
Constituent Power ◽  
Constitutional Politics ◽  
Competing Models ◽  
The Right ◽  
The Eu

The European Union (EU) has been through almost two decades of near-constant constitutional crisis. The failure of the Constitutional Treaty was followed in quick succession by the struggles about the Lisbon Treaty, the Eurozone emergency, Brexit, and, recently, Corona-crisis-induced conflicts about financial solidarity. Over the course of these events, it has become clear that the EU’s constitutional development largely evades popular control. At the same time, the EU faces increasing politicization from below. While Eurosceptic forces seek to ‘take back control’ at the national level, pro-European citizens challenge the role of the states as the ‘masters of the treaties’. They reclaim what—in their view—has been illegitimately withheld from them: the right to shape the EU polity. This book advances the argument that these developments prompt the need for a theory of constituent power in the EU. The reason why European integration eludes citizen control and meets with growing discontent is that it allows constituted powers to operate as de facto constituent powers. Starting from claims to founding authority articulated in public narratives, the book explores competing models of constituent power in the EU—regional cosmopolitanism, demoi-cracy, split popular sovereignty, and destituent power—revealing their respective strengths and weaknesses. Rationally reconstructing established democratic practices of EU constitutional politics, it develops a new theory of constituent power in the EU. Addressing questions of the adequate conceptualization, allocation, agency, and institutionalization of constituent power, the book opens up the prospect of a more democratic mode of European integration.

scholarly journals La interpretación del art. 47 CDFUE como expresión de la labor hermenéutica del Tribunal de Luxemburgo en la construcción de un estándar europeo de protección de los derechos

2017 ◽  
pp. 655 ◽  
Author(s):  
Ciro Milione
Keyword(s):  
European Union ◽  
Fair Trial ◽  
Fundamental Rights ◽  
The European Union ◽  
European Standard ◽  
Treaty Of Lisbon ◽  
Charter Of Fundamental Rights ◽  
Effective Remedy ◽  
The Right

Desde la entrada en vigor del Tratado de Lisboa, la Carta de los Derechos Fundamentales de la Unión Europea (CDFUE) ha adquirido una relevancia incuestionable en su ámbito material. El Tribunal de Luxemburgo, en calidad de supremo intérprete de la Carta, interviene para definir el alcance de sus preceptos, construyendo con sus sentencias un verdadero estándar de protección de los derechos en seno a la Unión. Este estudio pone de manifiesto esta evolución a partir del análisis las resoluciones más relevantes del Tribunal de Luxemburgo en relación al art. 47 (CDFUE) por el que se consagra el derecho a la tutela judicial efectiva y a un juez imparcial.Since the entry into force of the Treaty of Lisbon, the Charter of Fundamental Rights of the European Union (CFREU) has acquired an unquestionable relevance in its material scope. The Luxembourg Court, as ultimate interpreter of the Charter, intervenes to define the extent of its precepts, establishing a European standard of protection of fundamental rights. This paper describes this evolution, taking into consideration the most relevant resolutions from the Luxembourg Court on the art. 47 CFREU, which establishes the right to an effective remedy and to a fair trial.

GENESIS OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY IN THE EUROPEAN UNION

2020 ◽  
Author(s):  
Амала Алиевна Умарова
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Legal Protection ◽  
The European Union

В статье анализируются отдельные нормативные акты, выступающие в качестве основы правовой охраны интеллектуальность собственность в Европейском Союзе. The article analyzes individual normative acts that act as the basis of legal protection of intellectual property in the European Union.

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