4. The Supremacy of EU Law and its Reception in the Member States

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Point Of View ◽  
European Court Of Justice ◽  
The Political ◽  
Eu Law ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Questions And Answers ◽  
Legal Arguments ◽  
Political Logic

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the European Court of Justice (ECJ).

4. The Supremacy of EU Law and its Reception in the Member States

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
The Political ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers ◽  
Legal Arguments ◽  
Political Logic

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the Court of Justice of the European Union (CJEU (or also abbreviated CoJ)).

4. The Supremacy of EU Law and its Reception in the Member States

2020 ◽  
pp. 47-72
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Member State ◽  
Point Of View ◽  
General Question ◽  
The Political ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the Court of Justice of the European Union (CJEU (or also abbreviated CoJ)). A general question about the exit process of a state by a Member State in the light of Brexit is included.

6. The preliminary ruling (Article 267 TFEU)

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
Procedural Law ◽  
Court Of Justice ◽  
European Court

This chapter examines the procedural law of the European Union (EU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU). It explains that Article 267 is the reference procedure by which courts in member states can endorse questions concerning EU law to the European Court of Justice (CoJ). Under this Article, the Court of Justice of the European Union (CJEU) has the jurisdiction to provide preliminary rulings on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union and on the interpretation of the Treaties.

Legal Issues of EC–Cyprus Trade Relations

2003 ◽  
Vol 52 (2) ◽  
pp. 489-498 ◽  
Author(s):  
Panos Koutrakos
Keyword(s):  
Point Of View ◽  
Legal Issues ◽  
European Court Of Justice ◽  
The Political ◽  
The European Union ◽  
Association Agreement ◽  
Trade Relations ◽  
The Third ◽  
Court Of Justice ◽  
European Court

Whilst the political aspects of Cyprus's membership to the European Union have become the main focus of academic analysis over the years, its trade relations with the Member States have raised issues just as interesting from a legal point of view. This has been illustrated quite recently by the Anastasiou II judgment delivered by the European Court of Justice in 2000. The article aims at highlighting some of these issues. It is structured in three parts: the first part outlines the provisions of the EC–Cyprus Association Agreement governing trade between the parties; the second part analyses the Court's first ruling on imports of certain produce from the northern part of Cyprus;1 the third part examines the recent judgment of the Court on imports of produce which, whilst originating in the northern part of Cyprus, are being accompanied by phytosanitary certificates issued by the Turkish authorities.

Decision 22/2016. (XII. 5.) AB on the Interpretation of Article E)(2) of the Fundamental Law

2017 ◽  
Vol 111 (2) ◽  
pp. 468-475 ◽  
Author(s):  
Ágoston Mohay ◽  
Norbert Tóth
Keyword(s):  
European Court Of Justice ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
Fundamental Law

In a case of first impression, the Constitutional Court of Hungary (CCH or Court) ruled on November 30, 2016 that, in exceptional cases, it is competent to consider whether Hungary's obligations to the European Union (EU) violate fundamental individual rights (including human dignity) or Hungarian sovereignty as protected by the Hungarian Constitution. The decision places Hungary squarely within the growing group of EU member states whose constitutional courts have decided that, despite the decisions of the European Court of Justice regarding the primacy of EU law, EU member states are not compelled to violate their domestic constitutional obligations in carrying out their shared EU commitments.

scholarly journals The Notion of “Employee” in the IDD: A Harmonized Interpretation Based on the EU Law

2020 ◽  
pp. 139-159
Author(s):  
Anna Tarasiuk ◽  
Bartosz Wojno
Keyword(s):  
Point Of View ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Eu Directive ◽  
Legal Relationship ◽  
Court Of Justice ◽  
European Court ◽  
Eu Directives ◽  
Definition Of

AbstractThe issue of the interpretation of the concept of an “employee of insurance undertaking”, which was used in the Directive on insurance distribution may cause issues from the point of view of the definition of the “employee” in terms of the type of legal relationship and the scope of activities that are allowed to be performed only by such employees. The authors demonstrate that, in accordance with the previous case law of the European Court of Justice/Court of Justice of the European Union, the concepts contained in EU directives should be interpreted in accordance with EU law, taking into account its autonomy and its aim (harmonization of legal systems of Member States). This should be applied even if a simple translation of a particular term used in an EU directive into the language of a Member State may give rise to an incentive for that term to be interpreted in the context of a local legal system.

scholarly journals Dyskusja nad modelem wykładni prounijnej w polskiej nauce prawa

2018 ◽  
pp. 9-22
Author(s):  
Wojciech Rowiński
Keyword(s):  
European Court Of Justice ◽  
European Law ◽  
Eu Law ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Consistent Model ◽  
Theory Of Law ◽  
Normative Models ◽  
The Eu

The aim of this paper is to present the discussion on normative models of the pro-EU interpretation of national law in Polish jurisprudence. The European Court of Justice drew only general assumptions concerning the pro-EU interpretation, and left the Member States free to choose the methods of its implementation. The author analyses the proposals of the models described in the science of European law as well as in the theory of law, and on that basis comes to the conclusion that a universal and consistent model that would ensure full realisation of the EU law objectives regarding the pro-EU interpretation has not yet been developed.

scholarly journals El Tribunal de Justicia de la Unión Europea como actor de constitucionalidad. Repertorio bibliográfico

2017 ◽  
pp. 677
Author(s):  
Ciro Milione ◽  
María Dolores Montero Caro
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Preliminary Ruling ◽  
Eu Law ◽  
Member States ◽  
Critical Studies ◽  
Court Of Justice ◽  
European Court

El presente repertorio bibliográfico recoge diversos estudios (artículos doctrinales, capítulos de libros, monografías, comentarios jurisprudenciales) que han abordado, desde distintas perspectivas, el papel del Tribunal de Justicia de la Unión Europea (TJUE) en el proceso de integración comunitaria. Para facilitar su consultación, esas publicaciones ha sido clasificadas en seis apartados principales: la cuestión prejudicial ante el TJUE; el TJUE ante la responsabilidad de los Estados miembros por el incumplimiento del Derecho de la Unión; el TJUE y los principios generales del Derecho de la Unión; el TJUE en diálogo con otras jurisdicciones; el TJUE y la protección de los derechos en ámbito europeo; la jurisprudencia del TJUE.The present repertoire gathers the various doctrinal contributions (books, chapters, critical studies…) which have analyzed the European Court of Justice (ECJ) from different legal perspectives. In order to facilitate its consultation, the studies are classified in different sections according with its topic. Basically, all the contributions may be included under the ECJ preliminary ruling; the ECJ and member States liability in EU law fulfillment; the ECJ and the general principles of EU law; the ECJ and its dialogue with other jurisdictions; the ECJ’s protection of rights; the ECJ’s case law.

scholarly journals Not Running Wild With the CISG

2011 ◽  
Vol 29 (2) ◽  
Author(s):  
Joseph Lookofsky
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Best Interests ◽  
The Political ◽  
National Sovereignty ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
European Union Legislation

In determining the boundaries of supranational legislation some courts adopt an expansionist (dynamic) line. To take a well-known regional example, the European Court of Justice (ECJ) has long been engaged in an exercise in expansionist interpretation, thus broadening the scope of European Union legislation at the expense of the political discretion of EU Member States. Though surely seeking to advance what it sees as the Union’s best interests, the ECJ sometimes “runs amok,” actively extending regional rules in ways that constrain national sovereignty beyond what the Members had originally intended. Or, as one of my Copenhagen colleagues  once put it: the ECJ is “running wild.”

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