Legal Accountability: Beyond Jurisdictional Reach?

2020 ◽  
pp. 177-231
Author(s):  
Carolyn Moser
Keyword(s):  
Foreign Policy ◽  
Division Of Labour ◽  
Special Focus ◽  
Access To Justice ◽  
Eu Foreign Policy ◽  
National Courts ◽  
Limited Function ◽  
Legal Accountability ◽  
The One

This chapter deals with legal accountability arrangements in the context of EU peacebuilding activities carried out under the CSDP with a special focus on legality, access to justice, and monetary relief. It starts by illustrating why and how judicial actors were kept at a safe distance from EU foreign policy and security matters. The analysis then moves on to sketch out the limited function of national judicial actors in adjudicating matters pertaining to civilian CSDP. Subsequently, the chapter discusses the important role of the CJEU with regard to foreign policy issues (ie the implied and contingent jurisdictional competences of the Court), while concentrating on recent case law pertaining to civilian CSDP. Moreover, it measures the wider jurisdictional field, that is, the division of labour between the CJEU on the one hand, and national courts and the ECtHR on the other. Finally, the chapter draws some conclusions on the evolution and current state of legal accountability in civilian CSDP.

Who Exactly Benefits from the Treaties? The Murky Interaction Between Union and National Competence over the Capacity to Enforce EU Law

2010 ◽  
Vol 12 ◽  
pp. 73-120
Author(s):  
Michael Dougan
Keyword(s):  
Case Law ◽  
Division Of Labour ◽  
Legal Order ◽  
Eu Law ◽  
Research Issues ◽  
National Courts ◽  
Court Of Justice ◽  
Private And Public ◽  
The One

AbstractThe question of exactly who benefits from the Treaties, in the sense of which range of persons and bodies should be recognised as legally competent to enforce any given provision of Union law before the national courts, is surprisingly murky. This lack of clarity is due partly to the inherent complexity of the question, as well as to the complication posed by the interdependent relationship between the Union and national legal orders. The confusing approach adopted by the Court of Justice compounds the matter. This chapter discusses some observations on why this is a question which poses particular policy challenges for the Union legal order, before going on to summarise the relevant tools employed by the Court of Justice when addressing issues about the decentralised enforcement of Union law by private and public actors. It is argued that, despite the apparent confusion, it is possible to construct a workable division of labour between the role of Union law in defining its own protective scope (on the one hand) and the discretion of each Member State over access to the courts for the enforcement of Union law (on the other hand). A detailed analysis of the case law is conducted in order to identity the weakest links in the system, or at least those which suffer from the greatest degree of doctrinal and conceptual neglect. The question of who exactly benefits from the Treaties, in the sense of enjoying rights of standing to enforce Union law before the national courts, presents both surprisingly difficult challenges and promising research issues for the future.

Who Exactly Benefits from the Treaties? The Murky Interaction Between Union and National Competence over the Capacity to Enforce EU Law

2010 ◽  
Vol 12 ◽  
pp. 73-120 ◽  
Author(s):  
Michael Dougan
Keyword(s):  
Case Law ◽  
Division Of Labour ◽  
Legal Order ◽  
Eu Law ◽  
Research Issues ◽  
National Courts ◽  
Court Of Justice ◽  
Private And Public ◽  
The One

AbstractThe question of exactly who benefits from the Treaties, in the sense of which range of persons and bodies should be recognised as legally competent to enforce any given provision of Union law before the national courts, is surprisingly murky. This lack of clarity is due partly to the inherent complexity of the question, as well as to the complication posed by the interdependent relationship between the Union and national legal orders. The confusing approach adopted by the Court of Justice compounds the matter. This chapter discusses some observations on why this is a question which poses particular policy challenges for the Union legal order, before going on to summarise the relevant tools employed by the Court of Justice when addressing issues about the decentralised enforcement of Union law by private and public actors. It is argued that, despite the apparent confusion, it is possible to construct a workable division of labour between the role of Union law in defining its own protective scope (on the one hand) and the discretion of each Member State over access to the courts for the enforcement of Union law (on the other hand). A detailed analysis of the case law is conducted in order to identity the weakest links in the system, or at least those which suffer from the greatest degree of doctrinal and conceptual neglect. The question of who exactly benefits from the Treaties, in the sense of enjoying rights of standing to enforce Union law before the national courts, presents both surprisingly difficult challenges and promising research issues for the future.

scholarly journals Reviewing the National Courts in Creating Orderly International Law and Community

2017 ◽  
Vol 3 (2) ◽  
pp. 148
Author(s):  
Johanis Leatemia
Keyword(s):  
International Law ◽  
National Court ◽  
National Interest ◽  
The Other ◽  
Peaceful Coexistence ◽  
National Sovereignty ◽  
Customary International Law ◽  
National Courts ◽  
The One

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

On the role of person in the mapping of syntactic features onto their interpretable counterparts

2019 ◽  
Vol 64 (4) ◽  
pp. 649-672
Author(s):  
Ivona Kučerová
Keyword(s):  
Division Of Labour ◽  
Special Focus ◽  
Semantic Features ◽  
Ongoing Debate ◽  
Syntactic Features ◽  
Person Features ◽  
The Subject

AbstractPerson features play a role in narrow-syntax processes. However, a person feature is often characterized as [±participant], a characterization that suggests pragmatic or semantic features. Relatedly, person has been the subject of an ongoing debate in the literature: one family of approaches argues that 3rd person is an elsewhere case, while another argues that it is a valued interpretable feature. This article provides a programatic argument that this disagreement has a principled basis. I argue that the representation of the features we identify as person changes between narrow syntax and the syntax-semantics interface. The tests and empirical descriptions are incongruent because they target different modules of the grammar and in turn different grammatical objects. The article thus contributes to our understanding of the division of labour among the modules, with a special focus on the autonomous status of narrow syntax.

A mathematical model for the evolution of solute concentrations in a hemodialysis filter

2018 ◽  
Vol 11 (01) ◽  
pp. 1850015
Author(s):  
A. Fasano ◽  
G. Guarnieri ◽  
A. Farina
Keyword(s):  
Characteristic Time ◽  
Numerical Solutions ◽  
Early Stage ◽  
The Body ◽  
Special Focus ◽  
Transport Mechanisms ◽  
Constant Input ◽  
Waste Products ◽  
The One

We consider the process of hemodialysis performed by means of a hollow fiber dialyzer with a special focus on the dynamics of the light solutes (including metabolic waste products) through the porous fibers membrane. The model we illustrate here completes the one formulated in a previous paper in which solutes concentrations in the dialyzate were neglected. Exploiting the large difference between the characteristic time of the processes in the machine and the relaxation time to equilibrium in the body, we confine our study to the case of constant input data in order to emphasize the role of the solute transport mechanisms. Numerical solutions show that diffusion is dominant at the early stage of filtration.

On the Bright Side (of the eu’s Janus Face)The eu Commission’s Notice on Access to Justice in Environmental Matters

2017 ◽  
Vol 14 (3-4) ◽  
pp. 373-398
Author(s):  
Jan Darpö
Keyword(s):  
Direct Action ◽  
Case Law ◽  
Access To Justice ◽  
National Courts ◽  
Legal Challenges ◽  
Key Issues ◽  
Bright Side ◽  
Short Comment ◽  
The One ◽  
The Eu

In April 2017, the eu Commission published a “Notice on Access to Justice in Environmental Matters”, laying down the views of Brussels on this hot topic. The Notice takes stock of the dynamic development of the cjeu’s case law on the matter and draws cautious conclusions from this jurisprudence. This article is both an introductory and a short comment on the Notice. The main reasoning and conclusions drawn in the document are described, and then a couple of key issues are highlighted and discussed. All in all, evaluation of the Notice is positive, as it represents a rather big step forward compared with previous standpoints from Brussels. In this way, the Notice consolidates the impression that the eu is furnished with a Janus face concerning access to justice in environmental matters. It is very positive and affirming concerning legal challenges to administrative decision-making in national courts on the one hand, but very strict and of a rejecting nature when dealing with direct action to the cjeu on the other.

National Courts as European Community Courts

Legal Studies ◽  
1994 ◽  
Vol 14 (2) ◽  
pp. 226-243 ◽  
Author(s):  
Imelda Maher
Keyword(s):  
European Community ◽  
Direct Effect ◽  
Legal Order ◽  
The Other ◽  
Community Rights ◽  
National Courts ◽  
Effective Community ◽  
The One ◽  
Community Courts

The national courts of the European Community are faced with a formidable task. On the one hand, judges are appointed and operate within their own domestic legal order, and derive their authority from their national constitutions. On the other hand, with the advent of the Community and the development of the doctrines of direct effect and supremacy, they have acquired a Community mantle and are responsible for the implementation of directly effective Community rights within the national realm. This paper examines how the role of the national courts has been created, what basis exists for it in the Treaty and the theoretical underpinnings of the role. In short, why are the national judiciary also Community judges: and to what extent can they be truly so?

Wiser Than the Laws?: The Legal Accountability of The Medical Profession

1981 ◽  
Vol 7 (2) ◽  
pp. 145-181
Author(s):  
Jay Alexander Gold
Keyword(s):  
Social Role ◽  
Medical Profession ◽  
Health Law ◽  
Medical Expertise ◽  
The Social ◽  
Legal Accountability ◽  
The One ◽  
Theoretical Issues ◽  
And Training

AbstractThis Article argues that many seemingly disparate questions in health law are related to the issue of how experts are to be held accountable to nonexperts—show the principle that decisions should be made by those most affected is to be reconciled with the principle that decisions should be made by those with experience and training in the area. The basic subject matter of health law comprises a number of relationships between medical professionals, on the one hand, and laymen, on the other. In dealing with the proper allocation of decision-making authority within these relationships, the Article considers the social role of medical profession, the theoretical issues in the accountability of expertise, and the nature of medical expertise. On the basis of this discussion, the Article develops principles that can be applied throughout health law.Whenever anyone appears to be investigating … medicine contrary to the written regulations, … any one of the citizens who wishes may indict him in court, on the ground that he … persuades young men to practice medicine in an illegal way, to practice on their own authority …. For no one ought to be wiser than the laws.Plato, The Statesman

From Thin to Thick Justice and Beyond: Access to Justice and Legal Pluralism in Indigenous Taiwan

2021 ◽  
pp. 1-30
Author(s):  
J. Christopher Upton
Keyword(s):  
Indigenous People ◽  
Justice System ◽  
Field Research ◽  
Legal Framework ◽  
The State ◽  
Access To Justice ◽  
Power Relationship ◽  
National Courts ◽  
Order Language

In recent decades, the Taiwan judiciary has taken steps toward securing Indigenous people’s access to the justice system. These measures reflect a vision of access to justice framed narrowly on national courts and legal actors through the provision of free legal counsel, courtroom interpreters, and special court units dedicated to Indigenous people. These measures embrace a thin understanding of access to justice that overlooks important hurdles to both seeking and providing such access to Indigenous people. This article considers some of the key challenges of Indigenous people’s access to justice in Taiwan and the role of the judiciary in both perpetuating and addressing those challenges. It argues for a thicker understanding of access to justice that addresses the circumstances of contemporary Indigenous life and confronts the entrenchment of colonialism in the state framework. Field research in eastern Taiwan shows how aspects of normativity, spatiality, economics, order, language, and institutions, ensconced in a legal framework that reinforces an unequal power relationship between the state and Indigenous people, have shaped the character of access to the justice system and, in turn, continue to operate as obstacles to meaningful access to justice for Taiwan’s Indigenous people.

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