The European union and national legal systems

2002 ◽  
pp. 95-133
Author(s):  
Emer O’Hagan
Keyword(s):  
European Union ◽  
Legal Systems ◽  
The European Union

scholarly journals Divergence of romano-germanic and anglo-american legal systems on the example of brexit

2020 ◽  
pp. 144-153
Author(s):  
Tetjana Humeniuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Practical Importance ◽  
Mutual Transformation ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
Political Processes ◽  
Anglo American ◽  
The Eu

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.

Direct Complaints of Individuals against Legal Acts Adopted by the European Union

2018 ◽  
pp. 302-327
Author(s):  
Wolfram Cremer
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Legal Systems ◽  
The European Union ◽  
Treaty Of Lisbon

This chapter states that, as opposed to most states, legal systems of different states of the European Union do not regulate the possibility of filing a constitutional complaint or a fundamental rights complaint against the European Union’s sovereign acts. However, individual complaints directly against the European Union’s sovereign acts are regulated in Article 263 para 4 of the Lisbon Treaty, and is complex as well as difficult to comprehend. According to this, a person’s standing especially requires an act to be of ‘direct and individual’ concern to him. Merely the prerequisites for taking legal actions against a ‘regulatory act’ are diminished since the Treaty of Lisbon came into force in 2009. The multifaceted jurisprudence of the union’s jurisdiction regarding this chapter is unfolded, systematized, and evaluated in this contribution.

Of Apples and Mangoes

2018 ◽  
pp. 3-20
Author(s):  
Philipp Dann ◽  
Maxim Bönnemann ◽  
Tanja Herklotz
Keyword(s):  
European Union ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
The European Union ◽  
Legal Research ◽  
The One

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.

Arbitrability of Cartel Damages Claims in the European Union

2020 ◽  
Vol 37 (1) ◽  
pp. 127-138
Author(s):  
Renato Nazzini
Keyword(s):  
European Union ◽  
International Business ◽  
Cost Effective ◽  
Business Community ◽  
Legal Systems ◽  
The European Union ◽  
International Arbitration

In this article, I decided to discuss the topical question of whether and, if so, in what circumstances, cartel damages claims can be arbitrated in the European Union. International arbitration plays a central role in resolving disputes in the international business community. It is often considered speedier and more cost-effective than litigation. It gives the parties a similarly final and enforceable award to litigation, but with considerable advantages in terms of the choice of the arbitrators, procedural flexibility and neutrality of the forum. As such, it is considered favourably by most legal systems.

1. Introduction

2021 ◽  
pp. 1-11
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Eastern Europe ◽  
Legal System ◽  
Central And Eastern Europe ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
The Eu

This introductory chapter traces the development of the European Union. Since its inception in 1952, the EU has matured and developed from a Community of like-minded states into a Union of a greater diversity of states, with a comprehensive legal system which is increasingly penetrating the national legal systems of Member States. From the six original members, the EU now counts 27 Member States. Eleven of the thirteen newer Member States are in Central and Eastern Europe, and have discarded their old Communist regimes, turning into democracies with the qualifications to join the Union. The latest developments and changes, including Brexit and the effects of Covid-19, are also discussed.

scholarly journals A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code

2020 ◽  
Vol 20 (2) ◽  
pp. 274-289
Author(s):  
Dan Velicu
Keyword(s):  
European Union ◽  
Civil Code ◽  
Private Law ◽  
Legal Systems ◽  
The European Union ◽  
Short Article ◽  
Brief Assessment ◽  
Commercial Code ◽  
New Institutions ◽  
General Regulation

Summary From 2011 Romania has a new Civil Code. Although the government’s initiative was to unify the private law according to the model of the Italian Civil Code of 1942 by repealing the Commercial Code of 1887, the new Civil Code only succeeded in putting together civil rules and commercial rules, the latter being relocated from the former Commercial Code. Obviously, an exhaustive analysis of the new Civil Code is impossible in the frame of a short article. That’s why the author of this study tries to evaluate the new Civil Code regulation by focusing on the main commercial contracts. Some general civil rules that are traditionally applied for centuries in most of the European continental legal systems (e.g. ownership concept, warranty for defects, the buyer’s duty to pay the price etc) will be premeditatedly neglected or just shortly approached. The commercial contracts are very important in the field of the international commercial relations – even between the borders of the European Union –, when in many cases the parties agree that the national law will govern the contract. The goal of the study is to offer a brief commentary on the new institutions together with a comparative presentation of the general regulation of the main commercial agreements.

scholarly journals Role of the Philosophy of Law in the process of unifying the legal systems of the members of the European Union in the context of the Common Framework of Reference Project v

2021 ◽  
Vol 39 (68) ◽  
pp. 463-475
Author(s):  
Fursa Svitlana Yaroslavivna ◽  
Kukhniuk Dmitriy Vladimirovich ◽  
Bondar Iryna Vadymivna ◽  
Maliarchuk Liubov Sergiivna ◽  
Derii Olena Olexsandrivna
Keyword(s):  
European Union ◽  
The State ◽  
Necessary Condition ◽  
Legal Systems ◽  
The European Union ◽  
Philosophy Of Law ◽  
Strategic Direction ◽  
Common Framework ◽  
The Common

The study discusses the role of the philosophy of law in the process of unifying legal systems through the prism of the principles of the Draft Common Framework of Reference in Europe. The application of the philosophy of law in unification processes is also a necessary condition for the implementation of these processes about human rights and the sovereign interests of the State, which implements the unification of the legal order. Hence, the issue of European integration determines the strategic direction of the state, and this leads to the unification of law. The study aims to identify the role of the philosophy of law in the processes of unifying the legal systems of the European Union and its importance in the use of principles in these processes, justifying the need to use the philosophy of law in any process of transformation. It is concluded that the philosophy of law is a bridge harmonized with the legal sphere of operation of both individual states and supranational associations.

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