Establishment of the European Union Civil Service Tribunal

2006 ◽  
Vol 5 (2) ◽  
pp. 273-283
Author(s):  
Hazel Cameron

AbstractThe European Union Civil Service Tribunal, the first judicial panel to be attached to the Court of First Instance under the reforms agreed at Nice, recently heard its first case. Its establishment is significant for two reasons. First, it will make a much needed reduction in the case load of the CFI. Second, it is innovative in its approach to the appointment of judges, for the first time in the European judicial structure moving away from the traditional approach of Member State nomination to direct application and consideration of applications by a Selection Committee.

Jurisprudence ◽  
2014 ◽  
Vol 21 (4) ◽  
pp. 1028 ◽  
Author(s):  
Natalija Točickienė ◽  
Inga Jablonskaitė-Martinaitienė

Author(s):  
Albertina Albors-Llorens

This chapter provides an overview of the various procedural avenues to the Court of Justice of the European Union. It uses as a template the division between two main sets of proceedings: direct actions and preliminary references. Direct actions are brought directly either before the Court of Justice, the General Court, or the Civil Service Tribunal; these are dealt with in their entirety by these courts. By contrast, preliminary references begin before a national court. When this court encounters a question on the interpretation or the validity of EU law, it may (or sometimes must) make a preliminary reference on this particular point to the Court of Justice.


Author(s):  
Ilias Kapsis

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.


2016 ◽  
Vol 2 (1) ◽  
pp. 45-54
Author(s):  
Inga Jablonskaitė-Martinaitienė ◽  
Natalija Točickienė

2017 ◽  
Vol 8 (4-1) ◽  
pp. 21-30
Author(s):  
Uğur Burç Yıldız İ ◽  
Anıl Çamyamaç

Abstract Having previously remained impartial on the Gibraltar question between Spain and Britain since both were member states, the European Union suddenly changed its position after the Brexit referendum in favor of the Spanish government at the expense of breaching international law. In doing so, the European Union, for the first time, created a foreign policy on the long-standing Gibraltar question. This article explores the reasons behind the creation of this foreign policy in support of Spain. The European Union feared that the idea of Euroscepticism may escalate among remaining member states after the Brexit referendum because of wide-spread claims that it would dissolve in the near future, fuelled by farright political parties. The European Union therefore created a foreign policy regarding Gibraltar in Spain’s favor in order to promote a “sense of community” for thwarting a further rise in Euroscepticism. While making its analysis, the article applies the assumption of social constructivism that ideas shape interests, which then determine the foreign policy choices of actors.


Author(s):  
Martin Conway

This concluding chapter describes how the Europe of the 1990s was for the first time in its history both united and democratic. But the sudden turning point of 1989 lacked something of the global significance of the other European post-war moments of the twentieth century in 1918 and 1945. Europe no longer stood at the centre of its own history, as demonstrated by the ineffective response of the European Union to the violent disintegration of Yugoslavia during the 1990s, and by the divisions that emerged among European states during the American-led wars in Iraq and Afghanistan. In economic terms, too, the ascendancy of a new global capitalism obliged Europe to accept the economic weather generated by more distant or universal forces. In addition, however, Europe had lost confidence in the democratic model that it had developed and, to a large degree, patented. The more fractured and fluid politics that had emerged in Europe by the end of the twentieth century might be more appropriately described as post-democracy: a politics still conducted through the language and institutional structures of democracy, but which lacked much of the former substance of democratic politics.


Author(s):  
Tilmann Büttner

The UPC, universally referred to as ‘the Court’ throughout the text of the Agreement pursuant to Art 2(a) UPCA, is to be regarded legally as a legal entity sui generis (Art 4(1) UPCA) and structurally as a uniform entity. The Court entity as a whole comprises both the judiciary structures, which are the Court of First Instance and the Court of Appeal, and the non-judiciary structures, which are the Registry with sub-registries set up at all divisions of the Court (Art 10(1) and (2) UPCA). The Court’s structure visibly follows that of the CJEU which, according to Art 19 TFEU, comprises as a unitary court the European Court of Justice, the General Court, and the Civil Service Tribunal, thus establishing a complete system of courts.


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