Comparative Law and the Europeanization of Private Law

2006 ◽  
pp. 538-578 ◽  
Author(s):  
Reinhard Zimmermann
Keyword(s):  
Comparative Law ◽  
European Court Of Justice ◽  
Private Law ◽  
Future Trends ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
Do So

The gradual emergence of a European private law is one of the most significant contemporary legal developments. Comparative law scholarship has played an important role in this process and will continue to do so. This article discusses the Europeanization of private law as a new and challenging task for comparative law. The second section considers the Europeanization of private law, describing the creation of the European Union and the role of the European Court of Justice. The third section discusses European legal scholarship. The fourth section cites the contributions of comparative law. The last two sections discuss current and future trends for the European private law.

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.

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.

scholarly journals The Euro Group’s Informality and locus standi before the European Court of Justice: Council v. K. Chrysostomides & Co. and Others

2021 ◽  
Vol 81 (4) ◽  
pp. 917-936
Author(s):  
Giacomo Rugge
Keyword(s):  
Legal Protection ◽  
European Court Of Justice ◽  
The European Union ◽  
European Economic ◽  
Locus Standi ◽  
Court Of Justice ◽  
European Court ◽  
Economic Constitution ◽  
Judicial Proceedings

This article provides an analysis of the recent European Court of Justice’s (ECJ) judgment in Council v. K. Chrysostomides & Co. and Others. After the Cypriot financial and banking crisis of 2012-13, the case raised the issue as to whether the Euro Group could be considered as an ‘institution’ for the purposes of non-contractual liability under Art. 340 para. 2 of the Treaty on the Functioning of the European Union (TFEU). The Court replied in the negative, offering a set of arguments on the nature and role of the Euro Group within the European economic constitution and on the legal protection of individuals vis-à-vis austerity measures. The article summarises and criticises those arguments, showing how this judgment of the Court has made the Euro Group essentially immune against judicial proceedings, despite its pivotal role in the management of European economic and monetary issues.

scholarly journals The Role of the European Court of Justice in the Protection of Human Rights and Freedoms

2019 ◽  
Vol 9 (3) ◽  
pp. 73-76
Author(s):  
I. S. Iksanov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
European Court Of Justice ◽  
The European Union ◽  
Historical Aspect ◽  
Court Of Justice ◽  
European Court ◽  
Union Citizenship ◽  
The Right

The article discusses the role of the European Court of Justice, the specifics of its activities, and its goals. The author also touches upon the historical aspect of the development of the European Court. According to the author, the European Court of Justice has had a beneficial effect on the development of the rights granted by Union citizenship. The actions of the European Court of Justice have created new ground for persons with Union citizenship, increasing access to social benefits beyond the rights of economic migrants, for all those who exercise their European rights. The European Court of Justice sought to allow students to travel for their education, looking for new ways to ensure their free movement and learning with funding in the event of unforeseen events. It is essential that the court focuses on three core values so that citizenship does not become a limitation: nondiscrimination, the right to freedom of movement and the right to family life. The European court of human rights is an international judicial body; its jurisdiction extends to all member States of the Union. The main thing for the European Court of Justice is to ensure compliance with and enforcement of the Convention by the States parties. Also, when considering cases, the Court can point to gaps in legislation and issues concerning law enforcement practice, positively influencing law enforcement policy and legal proceedings, and, as a result, contribute to the improvement of the law enforcement system. This article reflects the activities of the European Court of Justice aimed at identifying the problematic aspects of the legislation of the European Union.

scholarly journals Encuesta sobre el TJUE como actor de constitucionalidad

2017 ◽  
pp. 13
Author(s):  
Francisco Balaguer Callejón ◽  
Rafael Bustos Gisbert ◽  
Ascensión Elvira Perales ◽  
José Martín y Pérez de Nanclares ◽  
Javier Matía Portilla ◽  
...  
Keyword(s):  
Constitutional Law ◽  
European Court Of Justice ◽  
Constitutional Court ◽  
Preliminary Ruling ◽  
The European Union ◽  
Constitutional Order ◽  
Court Of Justice ◽  
European Court ◽  
Law Professors

 En esta encuesta un grupo de Catedráticos de Derecho Constitucional contestan un conjunto de preguntas sobre el rol del Tribunal de Justicia de la Unión Europea como actor de la constitucionalidad, especialmente en los casos en los que un Tribunal Constitucional nacional presenta una cuestión prejudicial ante el Tribunal de Justicia de la Unión Europea, y las consecuencias que ello trae consigo en el orden constitucional tradicionalmente vinculado al Estado nacional soberano.In this academic survey a group of Constitutional Law Professors answer some questions about the role of the European Court of Justice as a constitutional actor, especially when a national constitutional court raises a preliminary ruling before the Court of Justice of the European Union, and its consequences in the traditional constitutional order.

scholarly journals The European Court of Justice: Guardian of European Integration

2020 ◽  
pp. 135-159
Author(s):  
Arjen Boin ◽  
Susanne K. Schmidt
Keyword(s):  
European Union ◽  
European Integration ◽  
European Court Of Justice ◽  
The European Union ◽  
Slow Start ◽  
Institutional Leadership ◽  
Existential Crisis ◽  
Court Of Justice ◽  
European Court

AbstractThe European Court of Justice (ECJ) was founded in 1952. At that time, few observers would have predicted a future of a powerful institution, shaping Europe’s faith through its rulings. But that is exactly what happened. After a slow start, the ECJ gradually evolved into one of the most important institutions of the European Union. This chapter describes how this little court shrouded in secrecy managed to climb the institutional ladder. It analyses the role of institutional leadership, the relation between the ECJ and its authorizing environment, the near-existential crisis it faced in the 1970s, and the potential vulnerabilities that have grown over the years.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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