2. The Foundations of European Union Intellectual Property Law

2019 ◽  
pp. 36-66
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
European Union ◽  
European Central Bank ◽  
Legal Order ◽  
Property Law ◽  
The European Union ◽  
European Central ◽  
Court Of Justice ◽  
Union Section ◽  
The Eu

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.

2. Institutions of the Union: composition and powers

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Central Bank ◽  
European Central Bank ◽  
Legal Order ◽  
European Council ◽  
The European Union ◽  
Checks And Balances ◽  
European Central ◽  
Court Of Justice ◽  
The Relationship

This chapter examines the institutions within the European Union (EU), their powers and the relationship between the institutions. The main EU institutions are the European Parliament, the Council, the European Council, the Commission, the Court of Justice of the European Union, the European Central Bank and the Court of Auditors. The chapter explains that these institutions are given different powers, and that they are required to work together in order to provide the checks and balances within the Union legal order, or the so-called institutional balance.

scholarly journals The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches

2007 ◽  
Vol 6 (1) ◽  
pp. 45-87 ◽  
Author(s):  
ANTONIS ANTONIADIS
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Political Institutions ◽  
Legal Order ◽  
The European Union ◽  
Comprehensive View ◽  
Court Of Justice ◽  
Community Legal Order ◽  
The Eu

Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU's political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to explore the considerations shaping the development of the different approaches and to argue that these stem from the interaction between the judiciary and the legislature. In doing so, this article purports to provide a comprehensive view of the application of WTO law within the Community legal order.

The European Central Bank

2018 ◽  
Author(s):  
Chiara Zilioli ◽  
Phoebus Athanassiou
Keyword(s):  
European Union ◽  
Central Bank ◽  
Monetary Union ◽  
European Central Bank ◽  
Central Banks ◽  
The European Union ◽  
European Central ◽  
European System ◽  
The Eu

The provisions on Monetary Union (MU), of the Treaty on the functioning of the European Union (TFEU or the Treaty), as well as the Statute of the European System of Central Banks and of the European Central Bank (the Statute), are important in their own right, and are amongst those from which any student of the European Union (EU) can learn a great deal with regard to the EU.

2. The Union institutions

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Central Bank ◽  
European Parliament ◽  
The European Union ◽  
Roles And Responsibilities ◽  
European Central ◽  
Court Of Justice ◽  
European Court ◽  
Council Of Ministers ◽  
Committee Of The Regions

This chapter focuses on the institutions responsible for executing the different tasks of the European Union (EU). The main seven institutions are complemented by two advisory bodies, the Committee of the Regions and the European Economic and Social Committee (EESC), which are responsible for gathering inputs for use in decision-making. The initial institutions of the Commission, Council, European Parliament, and Court of Justice were expanded to five to include the European Council, Court of Auditors, and the European Central Bank in 2009 with the entry into force of the Maastricht and the Lisbon Treaties. This chapter also describes the roles and responsibilities of the institutions, including the Council of Ministers of the European Union, the European Parliament, and the European Court of Justice (CoJ).

From Washington with Love—Investor–State Arbitration and the Jurisdictional Monopoly of the Court of Justice of the European Union

2010 ◽  
Vol 12 ◽  
pp. 425-453
Author(s):  
Philip Strik
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Case Law ◽  
Legal Order ◽  
Forum Shopping ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
International Dispute ◽  
The Eu

AbstractWhile investor–State arbitration is to a large extent detached from the EU legal order, EU law has recently started to be invoked in investor-State arbitration proceedings. In the context of intra-EU bilateral investment treaties, the Commission has expressed the view that investor-State arbitration gives rise to a number of ‘arbitration risks’ for the EU legal order. Not only can it solicit investors to engage in forum-shopping, but it can also result in questions of EU law not being litigated in Member State or Union courts. This chapter explores the extent to which the compatibility of investor–State arbitration with the EU legal order is in issue. It examines the main features of investor-State arbitration as concerns its interplay with the EU legal order, as well as the Court of Justice’s case law on issues of compatibility between systems of international dispute settlement and the EU legal order. The chapter highlights that the way in which investor–State arbitral tribunals handle issues of EU law, as well as the involvement of interested parties, may foster the synergy between investor–State arbitration and the EU legal order.

scholarly journals The Political Role of the European Court of Justice: How the EU Institutional Thresholds Shield the Integrationist Power of the Court

2019 ◽  
pp. 195-212
Author(s):  
Roberto Reyes Izquierdo
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Legislative Process ◽  
The European Union ◽  
Political Role ◽  
Fundamental Factor ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The aim of this paper is to analyse how the European Court of Justice (ECJ) has been a fundamental factor in the integration process of the European Union, in spite of the obstacles posed by the intergovernmental dynamics that have traditionally hindered the construction of a stronger, cohesive and more integrated Europe. Important principles such as direct effect or supremacy of EU law have been developed through ECJ rulings and case law, even when such principles were not literally foreseen in the foundational Treaties. Therefore, this paper argues that the role and power of the Court as an “indirect law-maker” have been essential for the construction of the European Union, and this has been possible due to the complexities and weaknesses of the legislative process involving the three main decision-makers: the Commission, the Council of the EU, and the European Parliament.

The European Legal Order

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Order ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Domestic Courts ◽  
The Law ◽  
The Eu

Chapter 3 shows that the confluence of the law of the European Union and of the European Convention on Human Rights is a European legal order worthy of the name. It outlines the law of the European Union after the Lisbon Treaty, setting out its principles and the ways in which competences are shared in the EU post Lisbon, between the European Council, the Council, the Commission, the European Parliament, and the Court of Justice of the European Union. The chapter further sets out the outline of the system of rules of the European Union. Then the chapter turns to the characteristics of what has been termed a Europe of human rights, and how the European Court of Human Rights (ECHR), in conjunction with domestic courts, police the law of the European Convention on Human Rights. Finally, the chapter brings together the law of the European Union and the ECHR.

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