The Public International Law of Restrictive Practices in the European Court of Justice

1989 ◽  
Vol 38 (2) ◽  
pp. 375-377 ◽  
Author(s):  
F. A. Mann
Keyword(s):  
International Law ◽  
European Court Of Justice ◽  
Public International Law ◽  
The Public ◽  
Court Of Justice ◽  
European Court

The European Court of Justice Is an International Court

1999 ◽  
Vol 68 (3) ◽  
pp. 249-274 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
Economic Integration ◽  
Rule Of Law ◽  
European Court Of Justice ◽  
Public International Law ◽  
The Rule Of Law ◽  
Community Law ◽  
Court Of Justice ◽  
European Court ◽  
International Court

AbstractThe achievements of the European Court of Justice in instilling the rule of law within the domain of economic integration is to witness to what extent public international law can be dynamic. For the Court of Justice, which attempted to slip its international law origins by characterizing European Community law as belonging to a ‘new legal order’; the post-Maastricht era has been a rude awakening. So effective was the European Court, during its first four decades, that Community law was seen as being set apart from traditional international law; as being sui generis. However, with the Maastricht Treaty and again with the Amsterdam Treaty, it has become evident that the creation of what is today termed the ‘European Union’ is governed by international law and that, ultimately, it is the States and not the European institutions – foremost among them the Court of Justice – which are the ‘Herren der Verträge’.Yet, within the domain of economic integration, the European Court has acted in a truly revolutionary manner for an international court. Barring witness to the achievements of the Luxembourg Court in this domain is to realize to what extent international law can be moulded to achieve results. The lesson to be learnt from the function of the European Court within the field of economic integration is that if there is State consensus, an international court can promote and actively ensure the rule of law. While the uniqueness of the European experience and that of the European Court of Justice may not be able to be grafted onto other areas of the international relations, what the evolution of the European Court does provide is a new way of thinking about international law. The supranational elements, those ‘constitutional’ areas of European law demonstrate the avenues that public international law can travel, if States are willing to allow it.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

scholarly journals Some changes in the field of civil law

2006 ◽  
Vol 78 (9) ◽  
pp. 395-412
Author(s):  
Dušan Nikolić
Keyword(s):  
Separation Of Powers ◽  
Civil Law ◽  
Social Value ◽  
European Court Of Justice ◽  
The Other ◽  
The European Union ◽  
The Public ◽  
Public Benefit ◽  
Court Of Justice ◽  
European Court

In the first part of the paper, the author has outlined some changes that have happened in the field of civil law during the history, and in the second part of the paper, the author has paid attention to the modern trends, produced by the process of globalization. By analyzing certain sectors, the author has come to the conclusion that ownership title and public office are being slightly shifted from state to non-state authorities. On the other hand, this trend of the global (re)privatization has contributed to the change of attitude toward the title. The owner is expected to ewoy his title both for his own and for the public benefit. One of the most recent judgments of the European Court of Justice speaks in favor of this and it has been mentioned in this paper. This judgment supports the view that the property is not absolute and that it has a social value. The special attention is paid to the so called new institutionalism and need to question the concept of separation of powers within the European Union.

European Court of Justice Upholds German Electricity Pricing Scheme

2001 ◽  
Vol 2 (7) ◽  
Keyword(s):  
Renewable Resources ◽  
German Law ◽  
European Court Of Justice ◽  
Electricity Pricing ◽  
Federal Law ◽  
German Government ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Pricing Scheme

A German law known as the Stromeinspeisungsgesetz (Law on feeding electricity from renewable resources into the public grid) requires producers of electricity to purchase (at a fixed, minimum price) and pass along to electricity distributors energy produced from renewable resources in the producer's area of service. (Bundesgesetzblatt (BGBl. [Register of German Federal Law] 1990 I, p. 2633). As required by Article 88 of the Consolidated EC Treaty, the German government notified the Commission of the European Communities of the law's state aid provisions in 1990, and received authorization for those provisions from the Commission. The Commission concluded that the law was consistent with the energy policy aims of the European Communities and that its impact on the industry would be slight.

The European Community, the European Court of Justice and the Law of the Sea

2008 ◽  
Vol 23 (4) ◽  
pp. 643-713 ◽  
Author(s):  
Sonja Boelaert-Suominen
Keyword(s):  
International Law ◽  
European Community ◽  
Dispute Settlement ◽  
European Court Of Justice ◽  
Law Of The Sea ◽  
Member States ◽  
Court Of Justice ◽  
Fishery Policy ◽  
European Court ◽  
The Law

AbstractThe European Community has gradually increased its focus on marine and maritime affairs, starting with the Community's Fishery Policy in the 1970s and culminating recently in the 2007 Blue Book on an Integrated Maritime Policy of the European Union. The Community's increased clout over marine and maritime matters has been reflected also in the case law of the European Court of Justice. From the outset the Court has given great impetus to the Community's efforts to assert its external competence in matters related to fisheries and conservation of biological resources of the sea. Even so, the Court has thus far only occasionally been confronted with public international law questions pertaining to the law of the sea. However, the few cases in which the Court has addressed such issues are worthy of note. For example, the Court has ruled on whether Member States should be allowed to rely on the international law of the sea in order to derogate from obligations under Community law; whether Member States should be allowed to prefer the dispute settlement provisions set out in the 1982 United Nations Convention on the Law of the Sea over the Community's own dispute settlement system; and on whether private parties may invoke arguments derived from the customary or conventional international law of the sea to challenge the validity of Community legislation pertaining to marine and maritime matters. The resulting judgments of the European Court of Justice have often turned out to be landmark cases, although some of them have tended to divide academic opinion.

scholarly journals (In)certezze giuridiche sulla situazione della Crimea: una «mappa» dei casi pendenti o decisi davanti alle corti europee

2019 ◽  
Author(s):  
Sara De Vido
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Current Situation ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
European Court

The purpose of this chapter is to analyse the case of Crimea from an international law perspective, by reflecting on the numerous pending cases in front of the European Court of Human Rights and on two cases decided by the European Court of Justice. The chapter will not take a position on the legitimacy or not of the facts that led to the current situation. It will rather focus on the current de facto situation, case law, and on two pivotal notions in international law: sovereignty and jurisdiction.

scholarly journals The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

2017 ◽  
Vol 17 (4) ◽  
pp. 1496
Author(s):  
Gerrit Ferreira ◽  
Anel Ferreira-Snyman
Keyword(s):  
International Law ◽  
South African ◽  
Constitutional Court ◽  
Legal Systems ◽  
Practical Application ◽  
Public International Law ◽  
Court Of Justice ◽  
European Court ◽  
Municipal Law ◽  
The Relationship

Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

scholarly journals Interactions between European Court of Human Rights and Private International Law of European Union = Interacciones entre el Tribunal Europeo de Derechos Humanos y Derecho Internacional Privado de la Unión Europea

2018 ◽  
Vol 10 (1) ◽  
pp. 248 ◽  
Author(s):  
Dimitris Liakopoulos
Keyword(s):  
Human Rights ◽  
International Law ◽  
Family Law ◽  
European Court Of Justice ◽  
Private International Law ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
European Court ◽  
International Private Law ◽  
European Family

Abstract: The present work is concentrated on the analysis of the jurisprudence between the European Court of Human Rights and the European Court of Justice in the sector of private international law. In particular, it deals with the differences, similarities, influences, impact, etc. in the sector of family law, insolvency and succession according the Regulations and the private international law and last but not least the recognition of sentences by the European Member States.Keywords: European Court of Human Rights, International private law, European Court of Justice, European family law, insolvency, succession.Resumen: El presente trabajo se concentra en el análisis de la jurisprudencia entre el Tribunal Europeo de Derechos Humanos y el Tribunal de Justicia Europeo en el sector del derecho internacional privado. En particular, aborda las diferencias, similitudes, influencias, impacto, etc., en el sector del derecho de familia, la insolvencia y la sucesión de acuerdo con el Reglamento y el Derecho internacional privado y, por último, el reconocimiento de condenas por parte de los Estados miembros europeos.Palabras clave: Tribunal Europeo de Derechos Humanos, Derecho Internacional Privado, Tribunal Europeo de Justicia, Derecho de Familia Europeo, insolvencia, sucesión.

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