Revisiting the European Court of Justice

1998 ◽  
Vol 52 (1) ◽  
pp. 177-209 ◽  
Author(s):  
Walter Mattli ◽  
Anne-Marie Slaughter
Keyword(s):  
European Court Of Justice ◽  
Regulatory Agencies ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lively Debate ◽  
Private Actors ◽  
The Relationship ◽  
Supranational Institutions ◽  
The Eu

The European Court of Justice (ECJ) is widely recognized not only as an important actor in the process of European integration but also as a strategic actor in its own right. In the last four years the literature on the Court has dramatically expanded, nourishing a lively debate between neofunctionalists and intergovernmentalists. But this debate has now reached the limits of its usefulness. Both neofunctionalism and intergovernmentalism neglect the range of specific motives and constraints shaping the behavior of individual litigants and national courts; further, both insist on modeling the state as a unitary actor. New scholarship on public interest and corporate litigants in the EU and on the relationship between the ECJ and national courts highlights these failings. Reviewing the literature, this essay develops a model of the legal integration process that encompasses disaggregated state actors—courts, regulatory agencies, executives, and legislatures—interacting with both supranational institutions and private actors in domestic and transnational society. It distills new data and theoretical insights to specify the preferences of some of these actors and the constraints they face in implementing those preferences.

9. The Relationship Between EU Law and National Law:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Legal Order ◽  
Common Market ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts.

10. The Relationship Between EU Law and National Law: Supremacy

EU Law ◽  
2020 ◽  
pp. 303-352
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Legal Order ◽  
Common Market ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the supremacy of EU law in relation to the UK post-Brexit.

scholarly journals Transformation of the European arrest warrant in light of protection of the rights of extradited individuals

2020 ◽  
pp. 42-48
Author(s):  
Kamila Danilovna Shaibakova
Keyword(s):  
European Court Of Justice ◽  
Foreign National ◽  
Member States ◽  
Arrest Warrant ◽  
Eu Member States ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
European Arrest Warrant ◽  
The Eu

The subject of this research is the norms of international legal acts, legislations of the EU member-states, decisions of foreign national courts, as well as decisions of the European Court on Human Rights and European Court of Justice. A hypothesis is advanced that within the framework of the European arrest warrant there are new trends associated namely with the desire to strengthen the system of protection of rights of the extradited individuals, which can negatively affect functionality of the procedure as a whole. Thus, a number of cases of the national courts (for example Artur Celmer case) and Court of the European Union (Pál Aranyosi and Robert Căldăraru case), as well as provisions of the constitutional courts lead to the fact that the principle of mutual recognition of court decision is used with caution. The article examines the case law of national courts of the EU member-states, as well as practice of the European Court of Justice and European arrest warrant. The author compared the decisions of the aforementioned courts for confirming the hypothesis that the protection of extradited individuals plays a significant role in the context of operation of the European arrest warrant. The intention to provide legal guarantees to individuals extradited in the context of the European arrest warrant, which loses its main influence; particularly the procedure is interrupted due to absence of guarantees of protection of rights in case of extradition, as well as raises doubt towards judicial systems and their decisions of some EU member-states brought forth by political actions of these countries. Moreover, protection of rights and guarantee of fair trial increases.

‘A Missing Piece of European Emergency Law: Legal Certainty and Individuals’ Expectations in the EU Response to the Crisis’

2016 ◽  
Vol 12 (2) ◽  
pp. 265-293 ◽  
Author(s):  
Pablo Martín Rodríguez
Keyword(s):  
International Law ◽  
European Court Of Justice ◽  
Eu Law ◽  
Legal Certainty ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Legitimate Expectations ◽  
Mixed Nature ◽  
The Eu

The principle of legal certainty and legitimate expectations as a legal tool for individuals in EU law – the mixed nature of EU emergency law: the ‘conferral principle’ limitation and the ways to expand executive powers in the EU response to the crisis (Pringle,ESMA,BPP,OMT) – the existence of legal certainty failures in that response: unpredictable and disjointed legislation and adjudication – arguments blurring legal certainty as the standard of review for EU emergency law: conditionality, international law and indirect legislation – the self-restraint attitude of the European Court of Justice and the risks of leaving litigation under the sole remit of national courts: normalising emergency powers and EU law autonomy at stake

10. The Relationship Between EU Law and National Law: Supremacy

EU Law ◽  
2020 ◽  
pp. 314-366
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Legal Order ◽  
Common Market ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the supremacy of EU law in relation to the UK post-Brexit.

5. Supremacy of EU law

2020 ◽  
pp. 131-152
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Czech Republic ◽  
European Court Of Justice ◽  
Eu Law ◽  
Member States ◽  
The Czech Republic ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

This chapter focuses on the supremacy of European Union (EU) law over the law of the member states and the relationship with international law. It suggests that the reasons and logic for the supremacy of the EU law have been developed through the decisions and interpretation of the European Court of Justice (CJEU) and provides relevant cases to illustrate the views of the CJEU on the superiority of EU law. It also considers the transfer and division of competences. This chapter also describes the reception and implementation of EU law in several member states, including Germany, Italy, France, the Czech Republic, Denmark, and Spain.

scholarly journals Economic Constitutionalism in the EU and Germany – The German Constitutional Court, the European Court of Justice and the European Central Bank between Law and Politics

2019 ◽  
Vol 12 (3) ◽  
pp. 761-795
Author(s):  
Jürgen Bröhmer
Keyword(s):  
Central Bank ◽  
European Central Bank ◽  
European Court Of Justice ◽  
Constitutional Court ◽  
Member States ◽  
European Central ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

Abstract The relationship between the European Union (EU) and its member states has recently been the subject of several legal proceedings in the German Federal Constitutional Court (GFCC) and the European Court of Justice. The backdrop to the underlying controversies were policies instituted by the European Central Bank (ECB) dealing with the economic and monetary situation in various member states in the context of the sovereign debt crises to influence interest rates, combat deflationary tendencies and keep inflation under but close to the ECB’s 2% inflation target. Especially so-called outright monetary transactions (OMTs) and the corresponding OMT-program and a particular high volume public sector asset purchasing program (PSPP) announced by the ECB have been controversially discussed. Legally, the controversies are about the prohibition for the ECB to finance debt held by the EU or member states (Article 123 TFEU) and about the delineation of economic policy (Article 119 et seq. TFEU), which lies in the hands of the members states, and monetary policy (Article 127 et seq. TFEU), which is exclusively in the hands of the ECB. The GFCC in its decisions propagated a restrictive approach emphasizing the role of the member states and pointing to the doctrines developed by it around ultra vires acts and so-called identity review. This paper attempts to shed some light on this controversy and argues that beyond the legal controversy lies a deeper problem of the relationship between judicial and political decision-making that the GFCC should exercise restraint in exercising its functions and remember its own doctrine of “open constitutional norms” developed in a different context but applicable here as well.

Standards for Independent Oversight

2017 ◽  
Author(s):  
Nico van Eijk
Keyword(s):  
The Netherlands ◽  
European Court Of Justice ◽  
Data Retention ◽  
Digital Rights ◽  
National Courts ◽  
Court Of Justice ◽  
Intelligence Services ◽  
European Court ◽  
The Uk ◽  
Point Of Departure

The point of departure for this chapter is the decision of the European Court of Justice in the Digital Rights Ireland case, which annulled the European Data Retention Directive, in part because the use of retained data was not made subject to independent oversight. Next, it examines judgments from the national courts of the Netherlands and the UK, also focusing on the independent oversight issue, declaring invalid the data retention laws of those two countries. From the Digital Rights Ireland case and others, seven standards for oversight of intelligence services can be drawn: the oversight should be complete; it should encompass all stages of the intelligence cycle; it should be independent; it should take place prior to the imposition of a measure; it should be able to declare a measure unlawful and to provide redress; it should incorporate the adversary principle; and it should have sufficient resources.

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