Compliance with European Environmental Law—Deficiencies and Approaches: The Role of the Court of Justice of the European Union

2012 ◽  
Vol 9 (1) ◽  
pp. 91-107 ◽  
Author(s):  
Christoph Sobotta
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Legal System ◽  
Environmental Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Environmental Considerations

The article discusses the contribution of the ECJ to the reduction of compliance deficiencies with regard to European environmental law. The Court is not a specialised environmental court but the supreme court of the European multilevel legal system. Therefore its contribution is primarily characterised by a concern for effective and uniform application of EU law in general while specific environmental considerations do not figure as prominently.

The Impact of the Court of Justice of the European Union on the Russian Legal System

2020 ◽  
pp. 143-172
Author(s):  
Paul Kalinichenko
Keyword(s):  
European Union ◽  
Legal System ◽  
Final Section ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
Russian Model

This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Russian legal system. To start with, this chapter includes a brief description of the background to the modern Russian legal system and, in particular, the structure of the Russian judiciary. The contribution goes on to describe the Russian model for approximating its legal order with EU rules and standards, as well as adding some remarks on the application of EU law by the Russian courts. Then follows an explanation of the specifics of the database used, together with a description and analysis of citation of CJEU decisions by Russian courts in the period 2006–18. Conclusions and recommendations are presented in the final section of the chapter.

The Impact of the Court of Justice of the European Union on the Turkish Legal System

2020 ◽  
pp. 115-140
Author(s):  
Ulaş Karan
Keyword(s):  
European Union ◽  
Legal System ◽  
Government Procurement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
System P ◽  
Underlying Causes ◽  
Accession Process ◽  
The Impact

This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

scholarly journals The interpretation complying with EU law manifested in the case law unifying judgment No. 15/2013 of the Portuguese Supreme Court of Justice

2016 ◽  
Vol 2 ◽  
pp. 82-96
Author(s):  
Carla Machado
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
The One

This article aims to address the interpretation that has been made by Portuguese courts in relation to the concept of “communication of the work to the public” enshrined in Article 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, duly transposed into the Portuguese legal order by Law No. 50/2006 of 24 August, which culminated in the drafting of the case law unifying judgment No. 15/2013. By verifying its content and analysing the case law of the Court of Justice of the European Union (hereinafter CJEU), concerning the interpretation of that concept, we conclude that the said case law unifying judgment does not comply with EU law. Therefore, we will list, on the one hand, the inherent consequences regarding the upkeep of the interpretation that has been held by the Portuguese judicial authorities and, on the other, we will suggest solutions for the resolution of similar cases by appealing to the principle of conforming interpretation.

scholarly journals Hiszpania: postanowienie Izby Karnej Sądu Najwyższego z dnia 9 stycznia 2020 r. w sprawie specjalnej o numerze 20907/2017

2020 ◽  
Vol 5(160) ◽  
pp. 251-267
Author(s):  
Bartłomiej Dziedzic
Keyword(s):  
European Union ◽  
Supreme Court ◽  
European Parliament ◽  
The European Union ◽  
Prison Sentence ◽  
Criminal Proceedings ◽  
Public Funds ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Legal Consequences

The Supreme Court ruled on the legal consequences of the judgment of the Court of Justice of the European Union in Case C-502/19 concerning Mr Oriol Junqueras – the supporter of the independence of Catalonia convicted of sedition and misappropriation of public funds. Mr O. Junqueras was elected Member of the European Parliament while he was in provisional detention, but after the trial stage of the criminal proceedings brought against him had been opened. The CJEU judgment concerned the scope of the immunity enjoyed by MEPs. The Supreme Court ruled, in accordance with the CJEU interpretation, that Mr Junqueras enjoyed the immunity. However, the prison sentence passed on him deprived him of his MEP status and therefore a request to waive the immunity in this particular case was not applicable.

7. Framework for enforcement

2020 ◽  
pp. 183-190
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Legal System ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Effective Protection ◽  
Court Of Justice ◽  
System P ◽  
National Legal System ◽  
The Eu

This chapter outlines the framework for enforcement of European Union (EU) law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), the CJ has played a key role in the enforcement of EU law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU law can also be raised in the national legal system.

The Court of Justice of the European Union as a Transnational Actor through Judicial Review of the Territorial Scope of EU Environmental Law

2019 ◽  
Vol 21 ◽  
pp. 128-161
Author(s):  
Ioanna HADJIYIANNI
Keyword(s):  
European Union ◽  
Animal Welfare ◽  
Judicial Review ◽  
Environmental Law ◽  
State Sovereignty ◽  
Controversial Issues ◽  
The European Union ◽  
Court Of Justice ◽  
Transnational Actor

AbstractWhen courts are faced with questions regarding the territorial scope of internal legislation, they are required to engage with controversial issues pertaining to the permissible boundaries of regulatory reach, which go beyond traditional conceptions of state sovereignty and non-intervention on which the functioning of courts is normally based. This Article examines the role of the Court of Justice of the European Union (‘CJEU’) in reviewing the legality and interpretation of the extraterritorial reach of EU environmental law, including animal welfare. It assesses the extent to which judicial review by the CJEU serves as a transnational mechanism for addressing legitimacy concerns raised by the unilateral exercise of EU regulatory power beyond EU borders.

scholarly journals Joined Cases C-585/18, C-624/18, C-625/18

2020 ◽  
Vol 114 (4) ◽  
pp. 743-749
Author(s):  
Piotr Uhma
Keyword(s):  
European Union ◽  
Supreme Court ◽  
National Court ◽  
Eu Law ◽  
The European Union ◽  
External Interference ◽  
Eu Countries ◽  
Court Of Justice ◽  
The Law ◽  
Grand Chamber

The judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) announced on November 19, 2019 in response to a preliminary reference from the Polish Supreme Court is of fundamental importance for the independence of courts and judges in EU countries, establishing a pillar on which subsequent CJEU decisions have been based. The CJEU concluded that a national court is not an independent and impartial tribunal within the meaning of the European Union (EU) law where the objective circumstances in which that court was formed, its characteristics, and the means by which its members have been appointed are capable of giving rise to legitimate doubts, in the minds of subjects of the law, as to the imperviousness of that court to external interference. In particular, a court may cease to be seen as independent or impartial when it appears to be under the direct or indirect influence of the legislature and/or the executive, or where doubts emerge about their neutrality with respect to the interests before them. Such circumstances threaten the trust that justice in a democratic society must inspire in subjects of the law.

scholarly journals The Use of the Preliminary Ruling Procedure by Czech Courts: Historical Retrospective and Beyond

2019 ◽  
Vol 9 (4) ◽  
pp. 150-172
Author(s):  
Václav Stehlík ◽  
David Sehnálek
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Constitutional Court ◽  
Preliminary Ruling ◽  
The European Union ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Eu

Abstract The article analyses the use of the preliminary ruling procedure by the Czech courts in the 15 years of the Czech membership in the European Union. It presents statistics of cases lodged to the EU Court of Justice and refers to the most important decisions. The article compares the practise of both lower courts as well as courts of last instance, namely the Supreme Court and the Supreme Administrative Court. It also outlines the attitude of the Czech Constitutional Court towards this procedure.

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