2. The Origins, Institutions, and Development of the Union and the Legislative Processes

2020 ◽  
pp. 7-25
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Integration ◽  
Lisbon Treaty ◽  
The European Union ◽  
Constitutional Treaty ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers ◽  
Legislative Processes ◽  
The Eu

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 origins, institutions, and development of the European Union and its legislative processes. Key debates noted are the questions raised by the changes brought about by the Lisbon Treaty, and concerns raised by Member States about the EU assuming too many competences. Sample exam questions cover topics such as the concept of European integration and the motivations behind it, reform of the EU, the powers of the Court of Justice of the European Union and its impact, and analysis of the 2007 Lisbon Treaty and the abandoned Constitutional Treaty which it effectively replaced.

2. The Origins, Institutions, and Development of the Union and the Legislative Processes

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Integration ◽  
Lisbon Treaty ◽  
The European Union ◽  
Constitutional Treaty ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers ◽  
Legislative Processes ◽  
The Eu

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 origins, institutions, and development of the European Union and its legislative processes. Key debates noted are the questions raised by the changes brought about by the Lisbon Treaty, and concerns raised by Member States about the EU assuming too many competences. Sample exam questions cover topics such as the concept of European integration and the motivations behind it, reform of the EU, the powers of the Court of Justice of the European Union and its impact, and analysis of the 2007 Lisbon Treaty and the abandoned Constitutional Treaty which it effectively replaced.

Sovereignty in Europe

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
European Integration ◽  
Lisbon Treaty ◽  
The European Union ◽  
Jürgen Habermas ◽  
Member States ◽  
Jurgen Habermas ◽  
The Future ◽  
The Relationship ◽  
The Eu

This chapter examines the question of who is sovereign in the relationship between the European Union and its Member States. It first considers the relevance of the debate over sovereignty in the EU and the development of the concept of sovereignty, paying attention to public powers form the substance of sovereignty, Jürgen Habermas’ theory of dual sovereignty, and the relevant provisions of the Lisbon Treaty. It then explores the problem of whether one should maintain the concept of sovereignty or recognize that the era of post-sovereignty has begun. It argues that it makes sense to address the question of who is sovereign in the EU, suggesting that the answer will determine the future course of European integration. It also analyses which concept of sovereignty is best suited to understand and explain the EU.

12. The Court of Justice of the European Union

2016 ◽  
Author(s):  
Ilias Kapsis
Keyword(s):  
European Union ◽  
European Integration ◽  
Civil Service ◽  
Judicial Activism ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
History Of ◽  
Civil Service Tribunal ◽  
The Eu

This chapter focuses on the Court of Justice of the European Union (CJEU), the judicial arm of the European Union. The CJEU consists of three courts: the Court of Justice, the European General Court, and the Civil Service Tribunal. Its mission is to ensure that ‘in the interpretation and application’ of the treaties of the Union ‘the law is observed’. The chapter first traces the history of the CJEU before discussing issues of structure and procedure, the extent of the Courts' jurisdiction, and their role in the promotion of European integration. It then considers the criticism directed at the CJEU for the way it exercises its judicial powers, and more specifically the reaction of member states to its ‘judicial activism’. It concludes with an assessment of the main challenges facing the EU courts.

scholarly journals Taking European defence seriously: The naval operations of the European Union as a model for a Security and Defence Union

2018 ◽  
pp. 157-183 ◽  
Author(s):  
Carlos Espaliú Berdud
Keyword(s):  
European Union ◽  
European Integration ◽  
Crisis Management ◽  
Lisbon Treaty ◽  
The European Union ◽  
Member States ◽  
The Creation ◽  
Naval Operations ◽  
Set Up ◽  
The Eu

The two naval operations set up until now by the EU, Atalanta and Sophia, have demonstrated a growing level of consensus and willingness by Member States, a great number of which participating in both operations. Furthermore, and more clearly in the case of Atalanta but also in the first stages of Sophia, it can be said that these CSDP activities have been highly successful, taken into consideration the level of accomplishment of their respective goals. Having shown its potential, the launching of naval operations in crisis management could be seen as a step forward in the creation of a Security and Defence Union. Therefore, the next step in European integration regarding security matters can be the implementation of the Permanent Structured Cooperation anticipated in Article 42.2 and 46 of TEU and developed in Protocol No 10 annexed to the Lisbon Treaty. That achievement would be the landmark that would generate the nucleus from which a Security and Defence Union can emergeReceived: 14 December 2017Accepted: 10 January 2018Published online: 28 March 2018

The Advocate General: Assisting the CJEU of Article 13 TEU to Secure Trust and Democracy

2012 ◽  
Vol 14 ◽  
pp. 697-721
Author(s):  
Iyiola Solanke
Keyword(s):  
Decision Making ◽  
European Union ◽  
Lisbon Treaty ◽  
The European Union ◽  
Advocate General ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

AbstractThe Advocate General (AG) has been a permanent feature of the European Union judicial order since 1957. From two Advocates General (AGs) in a Community of six Member States and Court of seven judges, their number has risen to eight in a Union of 27 Member States, three courts and 61 judges. Their task under the Treaty has remained the same, as has their mode of recruitment. The Lisbon Treaty has, however, assigned a new task to the collective judiciary of the Union—under Article 13 TEU, it is to ‘serve’ the citizens of the EU. What does this mean, and in particular what does it mean for the AG—has the task of these non-decision making officers also changed? This chapter suggests that the objective of this new duty is to manufacture trust in the Court of Justice and argues that this requires more transparency at the CJEU and thus a new role for the Advocate General.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

OPINION 2/15 OF THE CJEU: DELINEATING THE SCOPE OF THE NEW EU COMPETENCE IN FOREIGN DIRECT INVESTMENT

2018 ◽  
Vol 77 (1) ◽  
pp. 29-32
Author(s):  
Rumiana Yotova
Keyword(s):  
European Union ◽  
Foreign Direct Investment ◽  
Free Trade ◽  
Direct Investment ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

ON 16 May 2017, the Court of Justice of the European Union (CJEU) delivered its Opinion 2/15 concerning the competence of the EU to conclude the Free Trade Agreement with Singapore (EUSFTA) (ECLI:EU:C:2017:376). The Opinion was requested by the Commission which argued, with the support of the European Parliament (EP), that the EU had exclusive competence to conclude the EUSFTA. The Council and 25 of the Member States countered that the EUSFTA should be concluded as a mixed agreement – that is, by the EU and each of its members – because some of its provisions fell under the shared competence of the organisation or the competence of the Member States alone.

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
The Eu

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.

Mixed Agreements: The EU Law Fundamentals

2018 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
European Union ◽  
Case Law ◽  
International Agreements ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Basic Characteristics ◽  
Mixed Agreements ◽  
The Eu

Whatever terminology one might wish to employ to describe the form of integration constituted by the European Union and its Member States, one fundamental attribute of that arrangement has always been the division, as between the Union and its Member States, of competence to conclude international agreements with other subjects of international law. Today, the fact that treaty-making competence—as an external facet of the more general division of legal authority—is divided and, to some extent, shared between the Union and its Member States is reflected by some of the opening provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. Notwithstanding the changes to the scope and nature of the powers conferred upon the Union, resulting from both changes to primary law and the evolution of the case law of the Court of Justice of the European Union (CJEU), the basic characteristics of the conferment as an attribution of a limited kind has always been the same; there has always existed a polity endowed with a treaty-making authority divided between and, indeed, shared by, the Union and its Member States. In the early 1960s mixed agreements—that is, agreements to which the European Union

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