Thoughts about indexing family benefits: Are authorities permitted to apply the Austrian indexation of family benefits? The primacy of EU law and the right/obligation to request a ruling from the Court of Justice of the European Union

2020 ◽  
Vol 22 (3) ◽  
pp. 273-286
Author(s):  
Franz Marhold ◽  
Christoph Paul Ludvik
Keyword(s):  
European Union ◽  
The European Union ◽  
Unique Case ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Family ◽  
Family Benefits ◽  
Primary Union ◽  
The Right ◽  
Family Allowance

Austria amended legislation, adjusting family benefits such as the family allowance and the deductible family allowance amount to the (lower) price level indices for consumer goods and services (indexation) of the State of residence of the child. This case is not a unique case. In the European Union, similar endeavours were envisaged in several Member States. The Austrian legislation, however, is now being challenged before the CJEU. In the authors’ opinion, this unsuitable cost-saving budget measure contradicts Union law. Consequently, the provisions concerned must remain unapplied. After all, since the Austrian legislation is obviously incompatible with primary Union law, authorities or courts are not even required to refer the matter to the CJEU.

scholarly journals Overview of recent cases before the court of justice of the European Union (February 2019-June 2019)

2019 ◽  
Vol 21 (3) ◽  
pp. 272-280 ◽  
Author(s):  
Anne Pieter van der Mei ◽  
Pauline Melin
Keyword(s):  
European Union ◽  
Social Security ◽  
Social Benefits ◽  
The European Union ◽  
Court Of Justice ◽  
Family Benefits ◽  
The Right

In the reporting period (February 2019-June 2019), the Court of Justice of the European Union did not deliver any ground breaking rulings that really altered existing coordination rules on social security. Nonetheless, the Court did rule in various interesting cases. These include the material scope of Regulation 883/2004 ( Dreyer), the rules determining the applicable legislation ( SF), invalidity benefits ( Vester), and family benefits ( Bogatu). In addition, the Court brought about clarification of the possibility of retaining worker status (and thus claiming social benefits as a worker) under Directive 2004/38 ( Tarola) and the right of Turkish nationals to export benefits under Decision 3/80 when returning to Turkey ( Coban).

Article 43 CFR

2019 ◽  
Author(s):  
Denis Martin
Keyword(s):  
European Union ◽  
Member State ◽  
Legal Person ◽  
The European Union ◽  
Court Of Justice ◽  
Registered Office ◽  
The Right ◽  
Judicial Role

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.

The case of Konrad Erzberger v TUI AG. Comment to Court of Justice of the European Union (Grand Chamber), judgment of 18 July 2017, Case C-566/15

2017 ◽  
Vol 8 (4) ◽  
pp. 333-343 ◽  
Author(s):  
Achim Seifert
Keyword(s):  
European Union ◽  
Member State ◽  
Supervisory Board ◽  
Parent Company ◽  
The European Union ◽  
Court Of Justice ◽  
Right To Vote ◽  
Grand Chamber ◽  
The Right

Article 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which the workers employed in the establishments of a group located in the territory of that Member State are deprived of the right to vote and to stand as a candidate in elections of workers’ representatives to the supervisory board of the parent company of that group, which is established in that Member State, and as the case may be, of the right to act or to continue to act as representative on that board, where those workers leave their employment in such an establishment and are employed by a subsidiary belonging to the same group established in another Member State.

scholarly journals The right to paid annual leave as an EU fundamental social right. Comment on Bauer et al.: Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn, EU:C:2018:871

2019 ◽  
Vol 26 (3) ◽  
pp. 441-448
Author(s):  
Maria Antonia Panascì
Keyword(s):  
European Union ◽  
Case Note ◽  
Fundamental Rights ◽  
The European Union ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Scope Of Application ◽  
The Right ◽  
The Relationship ◽  
Horizontal Direct Effect

This case note examines the judgment of Court of Justice of the European Union delivered in Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn on 6 November 2018. It engages with the noteworthy aspects of the ruling, such as the horizontal direct effect of the Charter of Fundamental Rights of the European Union (the Charter), the relationship between primary and secondary law in the European Union legal order and the scope of application of the Charter.

scholarly journals O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

2021 ◽  
Vol 13 (13) ◽  
pp. 469-480
Author(s):  
Alexandre Coutinho Pagliarini ◽  
Maria Fernanda Augustinhak Schumacker Haering Teixeira
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Right ◽  
Economic Bloc ◽  
The Guardian ◽  
Second World

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.

scholarly journals Indirect Taxation of Events Beyond the Control of the Taxpayer in Crucial Tax and Customs Judgements of the Court of Justice

2021 ◽  
Vol 27 ◽  
pp. 297-312
Author(s):  
Krzysztof Lasiński-Sulecki
Keyword(s):  
European Union ◽  
Economic Burden ◽  
The European Union ◽  
Indirect Taxation ◽  
European Union Law ◽  
Scientific Question ◽  
Goods And Services ◽  
Court Of Justice ◽  
Indirect Taxes ◽  
Excise Duties

Indirect taxes are shaped in such a way that the final customers bear their economic burden.  The scope of taxation is usually delineated to cover all goods (and services) reaching the afore-mentioned final consumers. One may assume that the aim of a lawmaker is that goods (or services) supplied to the consumers should not remain untaxed. However, the intensity of pursuing this aim differs between VAT, excise duties, and customs duties. A scientific question that the rules outlined above bring about is whether it is acceptable – under the general principles of the European Union law perceived through a number of tax (customs) cases – to impose duties on a person or to deprive a taxpayer of rights owing to tax-relevant facts that have been entirely out of the control of this person or this taxpayer (customs debtor). Although the position of the Court of Justice towards this issue is not homogenous, the author of this article claims that situations that are wholly beyond the scope of control of a diligent person should not affect the tax (customs) situation to the detriment of such a person.

scholarly journals The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

scholarly journals THE NON BIS IN IDEM PRINCIPLE IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION - CONSISTENCY OR INCONSISTENCY?

2018 ◽  
Vol 12 (1) ◽  
pp. 25-34
Author(s):  
Darius-Dennis Pătrăuș
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
Widespread Application ◽  
Criminal Offense ◽  
Res Judicata ◽  
Court Of Justice ◽  
The Right ◽  
Criminal Matters

The non bis in idem principle was first established in the Hammurabi Code (2,500 BC), under the name of res judicata pro veritate habetur.According to the non bis in idem principle, "no one is allowed to be summoned again in court or punished in another criminal case for the same criminal offense for which he has already been convicted or acquitted under the law of a state". The non bis in idem principle has a broad field of application in the field of international judicial cooperation in criminal matters.The harmonization of Member States' laws and the abolition of borders at EU level created the premises for the widespread application of the non bis in idem principle.For this reason, the Court of Justice of the European Union has been charged with interpreting the rule, namely the non bis in idem principle, as regulated in art. 54 CISA.At the present stage of regulation, an interpretation contrary to the non bis in idem principle would be likely to erode the right and affect international judicial cooperation in criminal matters.

scholarly journals Algorytm jako informacja publiczna w prawie europejskim

2021 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.

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