The Place of the European Union as a Military Actor in the International Legal Order: Chapters VII and VIII of the UN Charter and the Development of the Responsibility to Protect

2020 ◽  
pp. 135-176
Keyword(s):  
European Union ◽  
Legal Order ◽  
Responsibility To Protect ◽  
The European Union ◽  
International Legal Order

Kadi and the Role of the Court of Justice of the European Union in the International Legal Order

2013 ◽  
Vol 15 ◽  
pp. 587-617
Author(s):  
Veronika Fikfak
Keyword(s):  
European Union ◽  
Active Role ◽  
Legal Order ◽  
Constitutional Court ◽  
The European Union ◽  
National Courts ◽  
Court Of Justice ◽  
Domestic Courts ◽  
International Legal Order

AbstractThis chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision in Kadi and the forthcoming Kadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU’s approach is analysed by identifying the characteristics of review adopted by it as a ‘constitutional court of a municipal legal order’. In this context, the chapter reveals how the CJEU’s review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot’s desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do in Kadi II is adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.

Choice of forum, european citizenship, and fundamental rights

2018 ◽  
Author(s):  
Luchtman Michiel
Keyword(s):  
European Union ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
International Treaties ◽  
Member States ◽  
International Legal Order ◽  
Free Movement Of Persons ◽  
Border Controls ◽  
The Eu

The Court of Justice has stated that ‘the founding treaties of the EU, unlike ordinary international treaties, established a new legal order, possessing its own institutions, for the benefit of which the Member States thereof have limited their sovereign rights, in ever wider fields, and the subjects of which comprise not only those States but also their nationals’. The wording highlights the differences between the European legal order (the European Union (EU) and its Member States) and the international legal order. Whereas international law is regarded as a matter between states, the Court’s characterisation of the European Union expressly makes room for individuals, EU citizens to be more precise. In line with this, Article 3(2) of the Treaty on European Union (TEU) states that the EU shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration, and the prevention and combating of crime.

Kadi and the Role of the Court of Justice of the European Union in the International Legal Order

2013 ◽  
Vol 15 ◽  
pp. 587-617
Author(s):  
Veronika Fikfak
Keyword(s):  
European Union ◽  
Active Role ◽  
Legal Order ◽  
Constitutional Court ◽  
The European Union ◽  
National Courts ◽  
Court Of Justice ◽  
Domestic Courts ◽  
International Legal Order

AbstractThis chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision inKadiand the forthcomingKadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU’s approach is analysed by identifying the characteristics of review adopted by it as a ‘constitutional court of a municipal legal order’. In this context, the chapter reveals how the CJEU’s review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot’s desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do inKadi IIis adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.

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