scholarly journals Anti-Money Laundering Measures Versus European Union Fundamental Freedoms and Human Rights in the Recent Jurisprudence of the European Court of Human Rights and the European Court of Justice

2015 ◽  
Vol 16 (5) ◽  
pp. 1271-1292 ◽  
Author(s):  
Sara De Vido

AbstractThis article will evaluate whether, and to what extent, preventive measures in the fight against money laundering may limit fundamental freedoms and human rights within the European Union (“EU”). It will analyze two judgments rendered by the European Court of Justice (“ECJ”) and one judgment rendered by the European Court of Human Rights (“ECtHR”). In these three cases, the courts were asked to investigate the compatibility of specific Anti-Money Laundering (“AML”) preventive measures with the freedom to provide services enshrined in the Treaty on the Functioning of the European Union (“TFEU”) and human rights. Considering the gravity of the phenomenon, AML measures have gradually emerged as a “European general interest.” The Fourth EU Anti-Money Laundering Directive, which has been recently adopted, displays this compelling need.

2017 ◽  
Vol 18 (1) ◽  
pp. 39-58 ◽  
Author(s):  
Alessandro Rosanò

The meaning ofidemin thene bis in idemprinciple is controversial in the case law of the Court of Justice of the European Union. In interpreting the provision of Article 54 of the Convention Implementing the Schengen Agreement, the court has emphasized the necessary requirement in the identity of the material acts while in antitrust law three requirements have been deemed necessary: (1) Identity of the facts, (2) unity of offender, and (3) unity of the legal interest protected. Despite the opinions of some Advocates General, the court has confirmed different interpretations of the same principle, depending on differences of the legal scope in question. A few years ago, however, the European Court of Human Rights proclaimed the criterion based on the identity of the material acts as the most suitable. This might push the Court of Justice of the European Union to correct its position in the antitrust field. Should this happen, this adjustment might serve as grounds to recognize the existence of a regional custom concerning thene bis in idemprinciple.


1998 ◽  
Vol 1 ◽  
pp. 175-197
Author(s):  
Lisa Waddington

Since the signing of the Treaty on European Union in Maastricht in 1992, calls have gradually been increasing for a greater recognition of, and firmer foundation for, fundamental (social) rights within the European Union. These calls naturally became louder following the Opinion of the European Court of Justice excluding the possibility of EC accession to the European Convention of Human Rights and during the lead up to the Amsterdam Intergovernmental Conference. Academics, independent EU Advisory Committees, groups representing the interests of EU citizens and residents and the European Parliament lamented the almost complete absence of fundamental social rights in the Treaty, and called for an ambitious revision of the Treaty. To a large extent these calls went unheard in Amsterdam, and the new Treaty does not incorporate a comprehensive list of social fundamental rights.


Author(s):  
Niamh Nic Shuibhne

This chapter considers the structure and functions of the Court of Justice of the European Union. It first traces the history and development of the European Court of Justice before discussing its structure and functions. In particular, it describes the composition of the Court, judicial appointments, what the Court does, enforcement proceedings, actions for judicial review, and the preliminary rulings procedure. The chapter goes on to explain how the Court works in a practical sense by focusing on its judicial chambers. It also examines the wider political environment in which the Court operates, such as its role in addressing the regulatory steps taken to manage the ongoing euro crisis or the issue of EU citizenship in relation to free movement rights. The chapter also offers some reflections on the nature and influence of the Court and concludes by analysing its relationship with the European Court of Human Rights.


Author(s):  
Zoë Jay

This article focuses on the phenomenon of conflating the European Court of Human Rights with the European Court of Justice and European Union in British political and media discourse. Scholars of the European Court of Human Rights and Euroscepticism often acknowledge conflation, but rarely specify the forms it takes or its specific effects on British perceptions of the legitimacy of European institutions. This article identifies three main forms of conflation: muddled conflation, ambiguous conflation, and deliberate conflation. It shows that conflation can be both a symptom of deeper Eurosceptic disregard for the roles and purposes of distinct European institutions, and a deliberate rhetorical tool, intended to weaken the legitimacy of separate institutions by tying criticisms of one to the other. The article demonstrates that conflating the different Europes contributes to the persistence of Strasbourgsceptic narratives in the British political sphere by exacerbating pre-existing concerns and providing additional opportunities to raise them in public.


2003 ◽  
Vol 45 (5/6) ◽  
pp. 145-176 ◽  
Author(s):  
Diane Ryland

Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was no basis in the Treaty of Rome (1957) for human rights, the European Court of Justice has declared that fundamental human rights are enshrined in the general principles of Community law and thereby protected by the Court. Investigates the Charter, in full, herein


1998 ◽  
Vol 1 ◽  
pp. 175-197
Author(s):  
Lisa Waddington

Since the signing of the Treaty on European Union in Maastricht in 1992, calls have gradually been increasing for a greater recognition of, and firmer foundation for, fundamental (social) rights within the European Union. These calls naturally became louder following the Opinion of the European Court of Justice excluding the possibility of EC accession to the European Convention of Human Rights and during the lead up to the Amsterdam Intergovernmental Conference. Academics, independent EU Advisory Committees, groups representing the interests of EU citizens and residents and the European Parliament lamented the almost complete absence of fundamental social rights in the Treaty, and called for an ambitious revision of the Treaty. To a large extent these calls went unheard in Amsterdam, and the new Treaty does not incorporate a comprehensive list of social fundamental rights.


2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder

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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