Interaction of European Union Law and Constitutional Law of the Member States: Pluralistic Approaches

2021 ◽  
Vol 17 (3) ◽  
pp. 1-1
Author(s):  
Yana Lebedeva
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
European Union Law ◽  
Member States

Termination of Criminal Proceedings in Public Criminal Cases by Courts of First Instance Under Art. 24, Para. 1, Item 5 of the Bulgarian Code of Criminal Procedure and Its Compliance with European Union Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Debora Valkova-Terzieva ◽  
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
The European Union ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
European Union Law ◽  
Member States ◽  
The Subject

The subject of this research is a specific prerequisite for the termination of criminal proceedings in public criminal cases, regulated in Article 24, Paragraph 1, Item 5 of the Bulgarian Code of Criminal Procedure. This analysis was necessitated by the fact that the European Union had introduced certain obligations for the Member States.

Twenty Years of CJEU Jurisprudence on Citizenship

2014 ◽  
Vol 15 (5) ◽  
pp. 821-834
Author(s):  
Prof. Dr. Gerard-René de Groot ◽  
Ngo Chun Luk
Keyword(s):  
European Union ◽  
Member State ◽  
Symbiotic Relationship ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Constant Friction ◽  
Union Citizenship ◽  
History Of ◽  
The Relationship

The history of the European Union has been fraught with constant friction between the sovereignty of the Member States and the supranational powers of the Union, with the Union gaining terrain in fields of law traditionally belonging to the Member States. Despite this tension, certain legal fields are steadfastly asserted as belonging to the Member States. Notably, Member States regulate the grounds of the acquisition and loss of nationality. The Treaty of Lisbon highlights that the nationality of Member States is scarcely governed by European Union law, if at all. The sole provision governing the relationship between Member State nationality and Union law, i.e., Article 20 of the Treaty on the Functioning of the European Union (TFEU) stresses the primacy of Member State nationality.Reality, however, is often not as simple as such a cursory reading implies. European Union citizenship, once a mere complementary facet of the national citizenships, has transformed into an institution in its own right, forming a symbiotic relationship between the Member State nationality and the European Union.

Rome, Maastricht and Amsterdam

2000 ◽  
Vol 7 (1) ◽  
pp. 20-33 ◽  
Author(s):  
Johanna D. Tzanidaki
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Management Practice ◽  
Heritage Management ◽  
Cultural Integration ◽  
The Political ◽  
European Identity ◽  
European Union Law ◽  
Political Union ◽  
Member States

AbstarctThe proliferation of European Union law and policies and their impact on Member States appear to be issues very much connected with the future of the political union of Europe. Heritage management practice in Member States is also being affected by legal developments promoted by E.U. institutions. This article attempts to assess the E.U.'s growth of interest in cultural heritage matters as part of a broader political context, which involves issues ranging from economic development to ‘European’ identity. The successful cultural integration of Member States is being pursued by the E.U. on the basis of a common cultural heritage. Does the perceived legal necessity for uniformity in Member State's heritage management pose a danger to the differences and particularities that stem from the diverse pasts in the E.U.?

Staat – Religion – Recht

2020 ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
State Government ◽  
Constitutional Law ◽  
70Th Birthday ◽  
European Perspective ◽  
European Union Law ◽  
Legal Policy ◽  
Legal Problems ◽  
Broad Field

Gerhard Robbers is one of the most distinguished scholars in the field of constitutional law on religion in Europe. At the same time, he dedicates himself to several other legal topics. On the occasion of his 70th birthday and in order to honour him as teacher, scholar and practitioner, the “Festschrift” brings together contributions covering his fields of work: State and religion, fundamental questions of state government, constitutional law, European Union law, fundamental and human rights as well as legal policy. The 61 contributions are written in German and English, and address both basic as well as highly topical legal problems. The “Festschrift” has a clear focus on State and religion from a national, comparative and European perspective. This way, it constitutes one of the most comprehensive works in this broad field of law. With contributions by Arnd Arnold, Sima Avramović, Johannes Barrot, Frauke Bronsema, Peter Bülow, Engin Ciftci, Sabine Dahm, Kerstin von der Decken, Franz Dorn, Horst Ehmann, Achilles C. Emilianides, Arndt Faatz, Silvio Ferrari, Lars Friedner, Angelika Günzel, Christian Heitsch, Reinhard Hendler, Ansgar Hense, Mark Hill, Ekkehard Hofmann, Alexander Hollerbach, Friedhelm Hufen, Iván C. Ibán, Christina Ioannou, Blaž Ivanc, Siegfried Jutzi, Urs Kindhäuser, Merilin Kiviorg, Matti Kotiranta, Volker Krey, Javier Martínez-Torrón, María Concepción Medina González, Francis Messner, Andreas Mühling, Hans-Friedrich Müller, Eckhard Nagel, Lina Papadopoulou, Christian Pernhorst, Richard Potz, Alexander Proelß, Matthias Pulte, Thomas Raab, Michael Rahe, Thierry Rambaud, Miguel Rodríguez Blanco, Martell Rotermundt, Matthias Ruffert, Thomas Rüfner, Michał Rynkowski, Balázs Schanda, Meinhard Schröder, Harald Schroeter-Wittke, Gábor Spuller, Henning Tappe, Emanuel Tavala, Rik Torfs, Antje von Ungern-Sternberg, Heinrich de Wall, Karin von Welck, Joachim Wieland, Michael Wiener, Wolfgang Wieshaider and Arne Ziekow.

The Future of Intra-EU Investment Arbitration: Intra-EU Investment Arbitration under the ECT post Achmea

2019 ◽  
Vol 4 (1) ◽  
pp. 147-177
Author(s):  
Sahra Arif
Keyword(s):  
European Union ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Investment Arbitration ◽  
The Future ◽  
Energy Charter Treaty ◽  
Opposite View ◽  
The Relationship ◽  
The Eu

The Achmea judgment of the Court of Justice of the EU (CJEU) found that arbitration clauses in bilateral investment treaties (BITS) between Member States of the European Union are incompatible with European Union law. Following this, Member States attempted to invoke this judgment in relation to similar intra-EU arbitrations under the Energy Charter Treaty (ECT). Tribunals established under the ECT have however generally rejected the applicability of the Achmea judgement. While the EU Commission and the majority of Member States concluded that this judgment also precludes intra-EU ect arbitrations, a few Member States held the opposite view. The future of intra-EU ECT arbitrations therefore seems fragile in the least. A closer analysis of the decisions of ECT Tribunals, and the relationship between obligations under European Union law and international law however argues that the future of such intra-EU ECT arbitrations is not as fragile as it may seem.

scholarly journals National Law or EU Law

2017 ◽  
Vol 23 (2) ◽  
pp. 187-191
Author(s):  
Georgi Mihaylov
Keyword(s):  
European Union ◽  
Eu Law ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Respective State ◽  
The Eu

Abstract The article examines cases of conflict between the national law of the EU Member States and European Union Law. There is an analysis of the legal advantage of EU law over national law or vice versa. Conclusions have been drawn that the national law should maintain its advantage when the reason for it is contained in the Constitution of the respective state.

scholarly journals Tax justice issues in the European Union = Cuestiones de justicia tributaria en la Unión Europea

2019 ◽  
Vol 11 (2) ◽  
pp. 230
Author(s):  
Carlos María López Espadafor
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
Technical Development ◽  
Tax Law ◽  
The European Union ◽  
Member States

Abstract: One of the basic preliminary issues that would contribute to a better development of EU Tax Law should consist on a definition, within its own judicial discipline, of the material principles of Tax Justice. We cannot expect to make progress in the technical development of the community tax rules and in the enlargement of their scope of action, without having previously defined certain taxation parameters. These, in turn, could be seen as a reassurance by the taxpayers of the various Member States of the European Union regarding its tax rules. It should be able to define some principles that were somewhat similar to those included in the Constitutions or the Constitutional Law of the various member States.Keywords: law, European Union, states, tax justice, European taxpayers.Resumen: Una de las cuestiones preliminaries básicas que contribuirían a un mejor desarrollo del Derecho Tributario de la Unión Europea, sería la concreción de una definición, sin perjuicio de su propia disciplina jurisprudencial, de los principios materiales de justicia tributaria. No podemos pretender progresar en el desarrollo técnico de las normas tributarias comunitarias y en una ampliación del alcance de su actuación sin haber definido previamente ciertos parámetros tributarios. Éstos, a su vez, podrían verse como una garantía para los contribuyentes de los Estados miembros de la Unión Europea con respecto a sus Ordenamientos jurídico-tributarios internos. Esto podría desembocar en la definición de algunos principios que en cierto modo serían paralelos a los recogidos en las Constituciones de los Estados miembros.Palabras clave: derecho, Unión Europea, estados, justicia tributaria, contribuyentes europeos.

scholarly journals European Union citizenship: The acquisition of nationality and the ever-expansive reach of the European Court of Justice

2021 ◽  
Author(s):  
◽  
Bridgette K. McLellan
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Union Citizenship ◽  
The Law ◽  
Principle Of Proportionality

<p>European Union citizenship was established by the Treaty of Maastricht in 1992. Intended to fall within the exclusive prerogative of the Member States, it soon became clear that the autonomy of Member States to determine matters relating to nationality would be restricted by the ever-expansive reach of the European Court of Justice. As such, the European Court of Justice transformed the law on citizenship in the 2010 case of Rottmann where measures affecting or depriving the rights conferred and protected by the European Union were held to fall within the scope ratione materiae of European Union law. While Rottmann affirmed the law as to the deprivation of European Union citizenship, it left unanswered the question whether the acquisition of nationality also falls within the scope of European Union law. This paper aims to identify and analyse the law arising post-Rottmann to determine whether the acquisition of nationality could fall within the scope of European Union law. It shall then analyse whether fundamental principles of European Union law, namely the principle of proportionality, could be applied in order to regulate the conditions imposed by Member States in relation to the acquisition of nationality.</p>

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

Sign in / Sign up

Export Citation Format

Share Document