‘But the Last Word Is Ours’: The Monopoly of Jurisdiction of the Court of Justice of the European Union in Light of the Investment Court System

2019 ◽  
Vol 30 (4) ◽  
pp. 1187-1220
Author(s):  
Francisco de Abreu Duarte
Keyword(s):  
European Union ◽  
General Framework ◽  
External Action ◽  
The Other ◽  
Court System ◽  
The European Union ◽  
Court Of Justice ◽  
The One ◽  
The Eu

Abstract This article develops the concept of the monopoly of jurisdiction of the Court of Justice of the European Union (CJEU) through the analysis of the case study of the Investment Court System (ICS). By providing a general framework over the criteria that have been developed by the Court, the work sheds light on the controversial principle of autonomy of the European Union (EU) and its implications to the EU’s external action. The work intends to be both pragmatic and analytical. On the one hand, the criteria are extracted as operative tools from the jurisprudence of the CJEU and then used in the context of the validity of the ICS. This provides the reader with some definitive standards that can then be applied to future cases whenever a question concerning autonomy arises. On the other hand, the article questions the reasons behind the idea of the monopoly of jurisdiction of the CJEU, advancing a concept of autonomy of the EU as a claim for power and critiquing the legitimacy and coherence of its foundations. Both dimensions will hopefully help to provide some clarity over the meaning of autonomy and the monopoly of jurisdiction, while, at the same time, promoting a larger discussion on its impact on the external action of the EU.

Beyond the Bosphorus?

2009 ◽  
Vol 8 (2) ◽  
pp. 223-243 ◽  
Author(s):  
Andreas Wimmel
Keyword(s):  
European Union ◽  
Public Sphere ◽  
The Other ◽  
The European Union ◽  
Public Spheres ◽  
The One ◽  
The Impact ◽  
Interpretation Patterns ◽  
The Eu

This article examines the impact of national borders on public discourses, based on a case study of the struggle surrounding Turkey’s application to join the European Union (EU). Comparing opinions, reasons and interpretation patterns in quality press commentaries about enlarging the EU beyond the Bosphorus, the article confirms the importance and robustness of national cleavages between the German and the French public spheres on the one hand and the British public sphere on the other. Whereas Turkish membership was predominantly rejected on the continent, the British commentators strongly and almost unanimously supported Ankara’s request. These similarities and divergences, I argue, are first and foremost the result of competing visions of Europe’s finality, especially regarding various constitutional ideas and cultural principles. Against this background, the Turkey question was partly exploited as an instrument to advance or to suppress different concepts on the future of European integration.

The EU after Brexit

2020 ◽  
pp. 83-109
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
Fiscal Federalism ◽  
Legal Order ◽  
The Other ◽  
The European Union ◽  
New Horizons ◽  
The One ◽  
Unanimous Approval ◽  
Amendment Procedure ◽  
The Eu

This chapter focuses on the European Union after Brexit and articulates the case for constitutional reforms. Reforms are necessary to address the substantive and institutional shortcomings that patently emerged in the context of Europe’s old and new crises. Moreover, reforms will be compelled by the exigencies of the post-Covid-19 EU recovery, which pushes the EU towards new horizons in terms of fiscal federalism and democratic governance. As a result, the chapter considers both obstacles and opportunities to reform the EU and make it more effective and legitimate. On the one hand, it underlines the difficulties connected to the EU treaty amendment procedure, owing to the requirement of unanimous approval of any treaty change, and the consequential problem of the veto. On the other hand, it emphasizes the increasing practice by Member States to use intergovernmental agreements outside the EU legal order and stresses that these have set new rules on their entry into force which overcome state veto, suggesting that this is now a precedent to consider.

Israel and the European Union

2019 ◽  
Author(s):  
Sharon Pardo
Keyword(s):  
European Union ◽  
Middle East ◽  
The Other ◽  
The Political ◽  
The European Union ◽  
Trade Relations ◽  
History Of ◽  
The One ◽  
Integration Project ◽  
The Eu

Israeli-European Union (EU) relations have consisted of a number of conflicting trends that have resulted in the emergence of a highly problematic and volatile relationship: one characterized by a strong and ever-increasing network of economic, cultural, and personal ties, yet marked, at the political level, by disappointment, bitterness, and anger. On the one hand, Israel has displayed a genuine desire to strengthen its ties with the EU and to be included as part of the European integration project. On the other hand, Israelis are deeply suspicious of the Union’s policies and are untrusting of the Union’s intentions toward the Israeli-Palestinian conflict and to the Middle East as a whole. As a result, Israel has been determined to minimize the EU’s role in the Middle East peace process (MEPP), and to deny it any direct involvement in the negotiations with the Palestinians. The article summarizes some key developments in Israeli-European Community (EC)/EU relations since 1957: the Israeli (re)turn to Europe in the late 1950s; EC-Israeli economic and trade relations; the 1980 Venice Declaration and the EC/EU involvement in the MEPP; EU-Israeli relations in a regional/Mediterranean context; the question of Israeli settlements’ products entering free of duty to the European Common Market; EU-Israeli relations in the age of the European Neighbourhood Policy (ENP); the failed attempt to upgrade EU-Israeli relations between the years 2007 and 2014; and the Union’s prohibition on EU funding to Israeli entities beyond the 1967 borders. By discussing the history of this uneasy relationship, the article further offers insights into how the EU is actually judged as a global-normative actor by Israelis.

The European Union and translation studies

2013 ◽  
Vol 2 ◽  
pp. 63-80
Author(s):  
Alice Leal
Keyword(s):  
European Union ◽  
Sense Of Self ◽  
Translation Studies ◽  
The Other ◽  
The European Union ◽  
Lingua Franca ◽  
Crucial Element ◽  
The One ◽  
Similar Dynamic ◽  
The Eu

The tension between unity versus multiplicity seems to be at the heart of the European Union (EU) and of translation studies (TS). Indeed, a significant parallel between the two is the use of English as a lingua franca (ELF). The EU appears to be torn between a notion of language as a crucial element of one’s identity on the one hand, and a predominantly instrumental, Lockean view of language, on the other. A similar dynamic appears to take place in TS, an area that is par excellence heterogeneous and in which the notion of difference plays a paramount role. Indeed, at times TS appears to be afflicted by a sense of self-consciousness regarding its lack of unity and homogeneity. According to some, the solution is to foster the standardisation of its methods and terminology. But would proposing standardised terminology in a standardised language for the area not inevitably entail repressing different approaches in different languages? The paper explores this question in the context of the use of English as a lingua franca, and proposes various ways out of the dilemma both for the EU and TS.

scholarly journals From the Stereotypification of the Non-European Other to the Prototypification of the European Self: A Case Study of Turkey’s Membership to the European Union from the French Perspective.

2007 ◽  
Vol 5 (1) ◽  
Author(s):  
Ariane Bogain ◽  
Florence Potot
Keyword(s):  
European Union ◽  
The Other ◽  
European Identity ◽  
The European Union ◽  
The Press ◽  
Collective Psyche ◽  
Opinion Polls ◽  
Insight Into ◽  
The Eu

In an era of increased globalisation, the need for a sense of belonging and an identity is becoming more pressing. The way nations form images of others and, conversely, conscious or unconscious images of themselves is becoming increasingly important as these images impact on public opinion and on political and decision-making discourse. With the development of supranationalism in Europe, the age-old notion of European identity has come more and more to the fore. Conflicting interpretations and a general disinclination to consider the matter leave the notion of European identity as polysemic as ever. Furthermore, the expansion of the EU has contributed to blurring this notion, so much so that in the collective psyche, it has become closely linked to the membership of the European Union and it is proving sometimes difficult to dissociate one from the other. In this context, the debate surrounding Turkey’s membership of the EU gives an insight into prototypical and stereotypical representations of Europe. As the controversy has been particularly salient in France, the aim of this study is to explore the European self-conceptions and images of the other through the example of France’s opposition to Turkey’s membership of the EU. For this purpose, opinion polls and the Press will be used as forms of narrative in order to highlight these representations and how they have evolved in time. The first part of the study will concentrate on the arguments put forward to justify the opposition to Turkey joining the EU. The second part will then evaluate how the image of the other contributes to the prototypical representation French citizens have of Europe.

scholarly journals The interpretation complying with EU law manifested in the case law unifying judgment No. 15/2013 of the Portuguese Supreme Court of Justice

2016 ◽  
Vol 2 ◽  
pp. 82-96
Author(s):  
Carla Machado
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
The One

This article aims to address the interpretation that has been made by Portuguese courts in relation to the concept of “communication of the work to the public” enshrined in Article 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, duly transposed into the Portuguese legal order by Law No. 50/2006 of 24 August, which culminated in the drafting of the case law unifying judgment No. 15/2013. By verifying its content and analysing the case law of the Court of Justice of the European Union (hereinafter CJEU), concerning the interpretation of that concept, we conclude that the said case law unifying judgment does not comply with EU law. Therefore, we will list, on the one hand, the inherent consequences regarding the upkeep of the interpretation that has been held by the Portuguese judicial authorities and, on the other, we will suggest solutions for the resolution of similar cases by appealing to the principle of conforming interpretation.

Sincere Cooperation and Respect for National Identities

2018 ◽  
Author(s):  
Barbara Guastaferro
Keyword(s):  
European Union ◽  
Legal Order ◽  
National Identities ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Vertical Division ◽  
The One ◽  
The Eu

Article 4 of the Treaty on the European Union is a core provision to understand the ‘federal’ nature of the European Union. It is composed of three paragraphs, any of which tries to strike a balance between the constitutive units of the composite legal order, namely the EU, on the one hand, and the Member States, on the other. The first paragraph enshrines the so-called ‘principle of presumed Member States competences’, according to which competences not conferred upon the EU remain to the Member States. The second paragraph requires the EU to respect Member States’ national identities, inherent in their fundamental political and constitutional structures. The third paragraph enshrines the principle of sincere cooperation. In this respect, all the paragraphs express a sort of ‘federal concern’. Article 4(1) TEU is devoted to the vertical division of competences and strengthens the respect of the principle of conferral, Article 4(2) TEU is devoted to the identities of the Member States of the EU thus protecting diversities in the composite legal order, and Article 4(3) TEU is devoted to loyalty, which, like in many federal or compound legal orders, should inform the cooperation among levels of government.

Introduction

2019 ◽  
pp. 1-4
Author(s):  
Eleonora Rosati
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The Other ◽  
Property Law ◽  
The European Union ◽  
Copyright Policy ◽  
Eu Member States ◽  
The Past ◽  
The One ◽  
The Eu

Compared to other areas of intervention at the European Union (EU) level, copyright harmonization is a relatively recent phenomenon. Compared to other areas of intellectual property law, copyright harmonization has not been as complete as with other rights. Yet, two phenomena may be observed: one the one hand, copyright policy and legislative initiatives have intensified over the past few years; on the other hand, the large number of references to the Court of Justice of the European Union (CJEU) has substantially shaped the EU copyright framework and, with it, also the copyright framework of individual EU Member States....

scholarly journals The Court of Justice of the European Union and the autonomous restrictive measures against natural and legal persons and non-state entities within the EU common foreign and security policy

2021 ◽  
Vol 60 (91) ◽  
pp. 117-139
Author(s):  
Boris Tučić
Keyword(s):  
European Union ◽  
Security Policy ◽  
General Relation ◽  
Supporting Evidence ◽  
The European Union ◽  
Court Of Justice ◽  
Foreign And Security Policy ◽  
The One ◽  
Restrictive Measures ◽  
The Eu

As a part of its specific policies, the EU creates and implements numerous restrictive measures against different subjects. In recent years, the most interesting ones, especially from the perspective of the Court of Justice of the European Union (CJEU), have been the autonomous restrictive measures against natural and legal persons and other non-state entities within the Union`s Common Foreign and Security Policy (CFSP). After years of legal wandering in this regard, the Lisbon Treaty finally offered an explicit legal basis for this kind of measures, envisaging, as well, for the first time, the CJEU`s jurisdiction in the field of CFSP in some cases, including the one related to reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council of the EU on the basis of Chapter 2 of Title V of the Treaty of the European Union. In this regard, the subject matter of this paper are the activities of the EU courts related to the autonomous restrictive measures against individual subjects, analyzed at several relevant although inseparable levels. The first one considers the intention of the CJEU to "use" the situation regarding the autonomous restrictive measures in order to strengthen its position and competences within the CFSP. The second one is oriented to the efforts of the courts to secure the balance between the effectiveness of the CFSP instruments, on the one hand, and the protection of some of the major principles and values of the EU legal order, on the other hand, such as the rule of law, legal certainty, effective judicial protection or the protection of human rights as guaranteed by the EU Law in general. Thirdly, a very important step in this context has been the jurisprudential identification of the key procedural requirements that the Council`s decisions providing for restrictive measures must fulfill as well (aka the designation criteria, statements of reasons criteria and supporting evidence criteria). By constantly insisting on the fulfillment of these criteria, the EU courts exerted a pressure on the Council to improve its decisions providing restrictive measures in a qualitative manner. Recent jurisprudence, such as the Rosneft or Bank Refah Kargaran cases, shows that there is still enough space for the Court`s interventions in this field, and that some interesting Court`s decisions, related to its position within the CFSP or the general relation between the CFSP and other forms of Union`s external activities, could be expected in the years to come.

The Participation of the Council of the European Union and the European Commission in the Process of Concluding International Agreements on Climate Protection

2021 ◽  
Vol 23 (2-3) ◽  
pp. 261-270
Author(s):  
Joanna Bukowska ◽  
Piotr Świat ◽  
Anna Sosnowska
Keyword(s):  
European Union ◽  
European Commission ◽  
Global Climate ◽  
External Action ◽  
International Agreements ◽  
Climate Protection ◽  
The European Union ◽  
Climate Protection Policy ◽  
The One ◽  
The Eu

Abstract For many years the European Union has aspired to be the leader of global climate protection policy. By setting increasingly ambitious challenges in its efforts against global warming, the EU has tried to encourage other countries to compete in this field at international level. In this article, the authors present the roles of the Council of the European Union and the European Commission in the process of concluding international agreements on climate protection. The division of competences between the two institutions is important in the situation when the agreements are concluded within Union’s non-exclusive competence such as the one in the field of environmental protection. In case of such agreements both the Union and its Member States are contracting parties. However, not only the division of competences is at the centre of the EU external action, but also the development of appropriate solutions that will ensure the effective achievement of climate policy objectives.

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