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.

TAX PLANNING AND STATE AID UNDER THE EUROPEAN LAW

2021 ◽  
Vol 66 (05) ◽  
pp. 228-232
Author(s):  
Aygun Gunduz Guliyeva ◽  
Keyword(s):  
Key Words ◽  
Rule Of Law ◽  
Tax Avoidance ◽  
Tax Planning ◽  
State Aid ◽  
European Court Of Justice ◽  
European Law ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
European Court

There is a strong link between funding criteria from government sources and the advantage and selectivity associated with classifying an event as government assistance. However, the selectivity criterion is very important when considering whether there is a banned state aid. Finally, the European Court of Justice no longer applies the rule of law and exclusion to selectivity. Instead, the selectivity review consists of two parts: whether a precaution is selective and whether preference is necessary and proportionate. Key words: EU, tax, tax avoidance, state aid, tax planning, competition

United Nations Targeted Sanctions, the International Rule of Law and the European Court of Justice's Judgment in Kadi and al-Barakaat

2010 ◽  
Vol 79 (1) ◽  
pp. 113-140 ◽  
Author(s):  
Fredrik Stenhammar
Keyword(s):  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
Financial Assets ◽  
The Rule Of Law ◽  
Community Law ◽  
European Court ◽  
Economic Warfare ◽  
Domestic Law ◽  
International Rule

AbstractThis article analyzes the judgment of the European Court of Justice in the Kadi and al-Barakaat case from the perspective of international law and the rule of law among nations. The conclusions drawn are with regard to international law and thus not necessarily decisive for the application of domestic law and Community law to the issue of targeted United Nations (UN) sanctions. It is argued that targeted UN sanctions in the form of blacklisting and freezing of financial assets are lawful under applicable international law as a species of economic warfare. Even if, contrary to expectation, they were unlawful when first introduced, consent and active participation on part of the European states mean that they are in all likelihood precluded from protesting against them now. The European Community Court's judgment cannot affect the validity under international law of targeted UN sanctions. If it turns out that the UN sanctions can no longer be accommodated within Community law, which is an implication but by no means an immediate result of the judgment, it will be for each state to apply its national legislation and continue to implement the sanctions, disregarding Community law if necessary. This would be a serious test of the European states' professed devotion to international law.

Infringement Procedure in the European Union. The importance of the preliminary procedure

2021 ◽  
Vol 65 (04) ◽  
pp. 144-146
Author(s):  
Sevil Əliheydər qızı Dəmirli ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Court Of Justice ◽  
European Law ◽  
The European Union ◽  
Important Place ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Court Of Justice ◽  
European Court

Judicial practice formed in the practice of the European Court of Justice belongs to the category of the main sources of law of European law. This practice was the source of law referred to by all Member States and their respective judicial authorities. The article discusses the important place of the preliminary proceedings in the case of violation of the contract by the Court. In practice, the proper conduct of preliminary proceedings shows that court time is used effectively in many disputes. This reflects the European Court's exceptional legal role in ensuring the rule of law and its direct force. The article can be used by university students, teachers, lawyers, researchers, European legal scholars and other practitioners Key words: contract violation, the preliminary proceedings, procedure, European Comission, European Court of Justice

scholarly journals The rule of law and the EU’s response mechanisms in case of violation: a Romanian Case Study

ERA Forum ◽  
2021 ◽  
Author(s):  
Horatius Dumbrava
Keyword(s):  
European Union ◽  
European Commission ◽  
Rule Of Law ◽  
European Court Of Justice ◽  
Judicial Reform ◽  
The European Union ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
European Court

AbstractThe judgment of the European Court of Justice of 18 May 2021 obliges Romania to review the judicial reform of 2017 – 2019. Otherwise the European Commission may activate the safeguard mechanisms provided by Arts. 37 and 38 of the Treaty of Accession of Romania to the European Union.The jurisprudence of the Court of Justice in all preliminary rulings relating to this Romanian judicial reform will have effects and will be an essential benchmark regarding the mechanisms established by the European Commission for all Member States relating to the rule of law - namely, the Rule of Law Mechanism and Regulation no. 2020/2092.

scholarly journals Values and the Rule of Law: Foundations of the European Union – An Inside Perspective from the ECJ

2018 ◽  
Vol 21 ◽  
pp. 1-17 ◽  
Author(s):  
Thomas Von Danwitz
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
The European Union ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Universal Values ◽  
The Individual

Let us remember what has been written, ratified and set into force with the Treaty of Lisbon. The preamble of the Charter of Fundamental Rights starts out by stating: "The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values." And it goes on: "Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice." Even if a cynic might have considered these words to be merely a lip service unlikely to disturb the power-play European governments were so eagerly engaged in, the Charter nonetheless became the supreme law of the land and the preferred tools of the trade of a rather awkward species of beings, already of bad repute for relying on the mere wording of legal acts, and even worse, for taking rights seriously: judges - in particular those of the European Court of Justice.

scholarly journals Fragmentation of international law paradigm and conflict of jurisdictions of international courts with special reference to the European Court of Justice

2020 ◽  
Vol 54 (4) ◽  
pp. 1203-1230
Author(s):  
Sanja Đajić
Keyword(s):  
International Law ◽  
European Court Of Justice ◽  
International Courts ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
The One ◽  
Fragmentation Of International Law ◽  
The Eu

Fragmentation of international law can be studied from a variety of perspectives and the one chosen for this research is whether and how the conflict of jurisdictions (or other types of conflicts, in terms of interpretation or enforcement) of international judicial and quasi-judicial bodies affect the unity of international law. While the answer might seem to be too obvious to justify the question, it is still not to be too easily assumed. The second issue discussed in this paper is whether and to what extent the external authority of an international court affects the resolution of a conflict. Both issues are too grand for a single paper so the research will be focused solely on three case studies involving the European Court of Justice: Mox Plant, Kadi and Achmea cases. In all three of them the EU Court of Justice clashed with another adjudicative authority and prevailed in the first two but seems to have lost a battle in the third. The article explores the reasons for these outcomes relying inter alia on the concept of external authority of a judicial institution. These findings are coupled with discussion on how these outcomes can be assessed from the perspective of (de)fragmentation of international law.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

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