The Divergent Jurisprudential Paths of the Andean Tribunal of Justice and the European Court of Justice

2017 ◽  
Author(s):  
Karen J. Alter ◽  
Laurence R. Helfer
Keyword(s):  
Human Rights ◽  
Free Trade ◽  
European Court Of Justice ◽  
Legal Authority ◽  
Economic Rights ◽  
Court Of Justice ◽  
European Court ◽  
First Time ◽  
Integration Rules ◽  
Laws And Regulations

This chapter explains how the Andean Tribunal of Justice (ATJ) has significantly diverged from several foundational integration law doctrines developed by the European Union's Court of Justice (ECJ). As such, this updated analysis discusses how the ATJ refined the complemento indispensable principle to more clearly delineate the boundary between Community and national legal authority and to uphold the primacy of clear Andean rules. This principle is a doctrine that permits national laws and regulations to implement and fill gaps in Andean secondary legislation (known as Decisiones). The ATJ has also asserted the supremacy of Andean law over conflicting bilateral and multilateral treaties, and accepted preliminary references from administrative agencies and arbitral panels. In addition, the ATJ has for the first time addressed human rights, stating, albeit in dictum, that governments must prioritize the socio-economic rights of Community citizens over free trade and integration rules.

I. Constitutional Aspects

1997 ◽  
Vol 46 (3) ◽  
pp. 701-703
Author(s):  
Karl Newman ◽  
Sophie Boyron
Keyword(s):  
Human Rights ◽  
European Parliament ◽  
Maastricht Treaty ◽  
European Court Of Justice ◽  
European Convention ◽  
First Report ◽  
Court Of Justice ◽  
European Court ◽  
Set Up ◽  
First Time

Although these last two years have been relatively quiet in terms of institutional developments, a number of important inter-institutional agreements have been negotiated in order to facilitate the working of some of the powers granted by the Maastricht Treaty, while some other powers were used for the first time: the European Ombudsman has issued his first report, the European Parliament has set up two Committees of Inquiry. Lastly, the European Court of Justice delivered an important opinion as regards the European Convention on Human Rights.

Property and Expropriation: Two Concepts Revisited in the Light of the Case Law of the European Court of Human Rights and the European Court of Justice

2019 ◽  
Vol 8 (2) ◽  
pp. 172-191
Author(s):  
Sabrina Praduroux
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Economic Value ◽  
Case Law ◽  
European Court Of Justice ◽  
Property Law ◽  
Court Of Justice ◽  
European Court ◽  
Key Concepts ◽  
Domestic Law

Abstract In the late 1950 s René Savatier foretold that the qualification of economic value itself as property (bien) would have been the ultimate evolution of the theory of property rights. This prediction has come true with regard to the case law of the European Court of Human Rights (ECtHR) and the European Court of Justice (CJEU). This paper investigates the implications of the understanding of property developed by the two European Courts on the concept of expropriation itself as well as for the principles governing expropriation law. Hence, the paper illustrates the role played by both the ECtHR and the CJEU in laying down the parameters of legitimacy for national law, including property law. Within this context, the focus falls on cases in which the Courts characterize the facts as deprivation of property requiring for compensation, even though the relevant property could not be the object of expropriation under the domestic law of the defendant State. My contribution brings new insights into the current transformation of the traditional property categories and suggests the reinterpretation of some key concepts of expropriation law.

Regulating short-term rentals: Joined cases C-724/18 and C-727/18 Cali Apartments

2021 ◽  
pp. 1023263X2110146
Author(s):  
Tania Pantazi
Keyword(s):  
Consumer Protection ◽  
European Court Of Justice ◽  
Short Term ◽  
European Regulation ◽  
Future Developments ◽  
Online Platforms ◽  
Court Of Justice ◽  
European Court ◽  
Tourist Accommodation ◽  
First Time

The increase in short-term rentals via online platforms has captured the attention of scholars and regulators. Short-term letting is now considered a considerable alternative to traditional tourist accommodation contracts, challenging matters such as conditions in the housing market and consumer protection. Online platforms, such as Airbnb, Booking.com , Expedia and Tripadvisor, now provide offers for short-term accommodation contracts along with traditional accommodation options (hotels, hostels, apartments). The recent decision of the European Court of Justice in Joined cases C-724/18 and C-727/18 addresses for the first time the issue of regulation of short-term rentals in Member States and evaluates a national authorization scheme in light of the Services Directive. The present paper provides a brief background of European regulation affecting short-term rentals and discusses the judgment and its implications for future developments.

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