scholarly journals Multilingualism as the Constitutional Principle of the Equality of Languages in European Union Law

2020 ◽  
Vol 11 ◽  
pp. 187-205
Author(s):  
Ewa Waśniewska
Keyword(s):  
European Union ◽  
European Community ◽  
Official Language ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
International Scale ◽  
Constitutional Principle ◽  
Official Languages ◽  
The Impact

Multilingualism is a constitutional principle of European Union law. This principle is manifested in the recognition of the equality of all the official languages and Member States. At the beginning of the 1950s, the European Community addressed linguistic equality issues by providing multilingualism protocols and Regulation 1/58. Access for citizens to legislation in every official language of the European Union is a phenomenon on an international scale. The institutions of the European Union establish their own language regimes and apply various practices adapted to the specifics of the functions they perform. The purpose of this article is to analyze and assess the impact of multilingualism as a constitutional principle of European Law.

scholarly journals The multilingual jurisprudence of the Court of Justice and the idea of uniformity in European Union Law

2019 ◽  
Vol 3 (2) ◽  
pp. 125-138
Author(s):  
Joana Sousa Domingues
Keyword(s):  
European Union ◽  
Mother Tongue ◽  
The European Union ◽  
European Union Law ◽  
Language Version ◽  
Judicial Decisions ◽  
Binding Force ◽  
Legal Translation ◽  
Court Of Justice ◽  
Official Languages

It is generally accepted that the development of a Union of law is largely due to the judicial decisions of the Court of Justice of the European Union (hereinafter, CJEU). With its judicial pronouncements, the CEJEU aims to achieve the same legal effects in every language version of its judgments and, through them, to ensure the uniform application and interpretation of European Union law. Nevertheless, such judicial pronouncements, with normative and binding force, are the result of collegial decisions and drafted by jurists in a language that is usually nottheir mother tongue. In addition, they are also the result of various permutations associated with the necessary legal translation from and to (and vice versa) the working language of the Court and the official languages of the European Union. The published judgments presented as authentic are, in most cases, translations. To understand the construction of decisions of the CJEU is to understand the construction of the European Union law, and by consequence, the European project itself.

How to Find European Law – a Basic Introduction

2009 ◽  
Vol 9 (2) ◽  
pp. 89-99 ◽  
Keyword(s):  
European Union ◽  
Information Management ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
Legal Information ◽  
Law Making

AbstractThis article by John Furlong is an updated and revised version of an article originally authored by John Furlong and Susan Doe and published in Legal Information Management 2006, 6(2) Summer 2006 and covers in some detail the basic sources for researching European Union law. It also gives some background on the growth of the European Union and its law making.

scholarly journals Member States’ liability for judicial error resulting in breaches of European Union Law

2016 ◽  
Vol 17 (31) ◽  
pp. 64-76 ◽  
Author(s):  
Valentin Paul Neamt
Keyword(s):  
European Union ◽  
Case Law ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
National Courts ◽  
European Court ◽  
Judicial Errors ◽  
State Liability ◽  
Judicial Error

Abstract This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a discussion on the possible convergence of the two.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

THE IMPACT OF BREXIT ON BRITISH-EUROPEAN RELATIONS

Moldoscopie ◽  
2021 ◽  
pp. 34-42
Author(s):  
Svetlana Cebotari ◽  
◽  
Carolina Budurina-Goreacii ◽  
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
European Community ◽  
The European Union ◽  
European Security ◽  
The United Kingdom ◽  
Overseas Territories ◽  
The Impact

The exit of Great Britain from the European Union, “Brexit”, respectively “British exit”, has become one of the most important processes that trouble and concern the European world and not only. The impact of Brexit on British-European relations is considerable. Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Community. were argued by a series of arguments that can be grouped according to three major considerations: economic, political and security. Analyzing Brexit, it can be seen that the separation of the United Kingdom from the European Union is a phenomenon that can only bring disadvantages to both parties, as well as European security. Regarding the security of the two entities, Brexit is considered as a risk, but also an opportunity for Great Britain, as well as for the states of the European Union. This article aims to highlight the main consequences of Brexit on British-European relations, including the British Overseas Territories.

scholarly journals Discrimination Law and the Ebb and Flow of Indirect Effect in Britain

2017 ◽  
Author(s):  
James Hand
Keyword(s):  
European Union ◽  
Indirect Effect ◽  
High Water ◽  
European Law ◽  
Eu Law ◽  
The European Union ◽  
Judicial Interpretation ◽  
European Union Law ◽  
Pregnancy Discrimination ◽  
House Of Lords

Strained judicial interpretation of British discrimination law is not new;some of the leading House of Lords cases on the European Union law doctrine ofIndirect Effect have concerned discrimination law. The interpretative obligation, toread national law in line with EU law, has seen words read in and like being treatedwith like according to changing mores. However, the disability discrimination caseof EBR Attridge Law v Coleman [2010] I.C.R. 242 saw an entire sub-section beingread in by an Employment Appeal Tribunal. This article briefly reviews the Houseof Lords’ approach in earlier cases, primarily through the prism of discriminationlaw, and then asks, following more recent Employment Appeal Tribunal casesconcerning pregnancy discrimination and the protection from victimisation withinthe Equality Act 2010, whether the high-water mark for judicial re-writing has beenreached in Britain and whether compliance with European law can better be attainedin other ways.

scholarly journals Budget Planning in the Republic of Lithuania under the Influence of European Union Law

2019 ◽  
pp. 567-576
Author(s):  
Bronius Sudavičius
Keyword(s):  
European Union ◽  
Planning Process ◽  
Legal Regulation ◽  
Stability And Growth Pact ◽  
The European Union ◽  
European Union Law ◽  
Budget Planning ◽  
Growth Pact ◽  
The Republic ◽  
The Impact

The article deals with the problem of the impact of the European Union law on budget planning legal regulation in the Republic of Lithuania after accession to the European Union in 2004. Such questions, as harmonisation of annual and medium-term budget planning , changes in the budget planning process, the requirements of stability and growth pact and their implementation in the national law are analysed in the article.

Legal aspects of airport slot allocation: a challenge for the European Union

2020 ◽  
Vol 130 ◽  
pp. 19-27
Author(s):  
Michał Lutek
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Aspects ◽  
The European Union ◽  
Slot Allocation ◽  
European Union Law ◽  
Commercial Aviation ◽  
Contemporary Reality ◽  
The Impact ◽  
Air Carriers

With the increase in the number of operations performed at airports in European Union countries, the problem of allocation of airport slots is becoming more apparent. Legal regulations in this respect were adopted over two decades ago, which means that they are not suitable for the contemporary reality of commercial aviation, which has undergone a huge change during the indicated period. This article aims to analyze the current legal framework for the allocation of slots at the level of international law, with particular emphasis on the European Union law. The main reasons affecting the urgent need to amend the provisions in the presented scope will be discussed. These issues include, for example, the problem of slot trading between air carriers. Also, the impact of the EU response to COVID-19 epidemic on the air carrier’s situation in relation to slots will be outlined. Selected examples illustrating difficulties in applying EU rules will also be analyzed in detail. The summary will be followed by an indication of key de lege ferenda postulates in the discussed area.

scholarly journals Zasady techniki prawodawczej w Polsce i Unii Europejskiej

2017 ◽  
Vol 105 ◽  
pp. 193-208
Author(s):  
Kamil Stępniak
Keyword(s):  
European Union ◽  
Prime Minister ◽  
European Law ◽  
The European Union ◽  
Dual Systems ◽  
European Union Law ◽  
Eu Directives ◽  
Polish Law ◽  
The Eu

THE PRINCIPLES OF LEGISLATION TECHNIQUE IN POLAND AND EUROPEAN UNIONThis paper is acomplex summary of problematic principles of legislation technique. European law-making has abig meaning in Polish law. These dual systems affect each other. The principles of legislative techniques in Poland are regulated by the Regulation of the Prime Minister, but not always. Sometimes they were set in abook form. The rules of legislative technique are of great importance for understanding of legislation and the entire legal system. Thanks to them the legislators know what editorial units used in individual acts. Understanding them often allows for better application of the law. European Union Law has its own standards and its own legislative rules. Correlation of Polish law with the European reveals itself even when it is necessary to transpose the EU directives. The method and quality of establishing law in the European Union somehow directly affect the rights in Poland. Therefore,  distinguish between the two legal systems and learn how to use them. This paper describes the importance of the principles of correct legislation for both the national agenda, as well as for the European law. It identifies the main concepts. It allows the reader to explore correlations principles of legislative techniques in the EU and Poland.

scholarly journals FREE MOVEMENT OF PEOPLE IN THE EUROPEAN UNION AND RECOGNITION OF SAME-SEX MARRIAGES ON THE EXAMPLE OF POLAND, IRELAND AND FRANCE

2021 ◽  
pp. 29-37
Author(s):  
Karolina BICZ
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Same Sex ◽  
European Union Law ◽  
Member States ◽  
European Court ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Impact

The article presents the issue of the free movement of persons in the European Union in the field of same-sex marriage rights, taking into account comparative elements. The research presents provisions of the European Union, as well as internal regulations in force in France, Ireland and Poland. The article discusses the approach to the analysed issue at the level of EU regulations and internal regulations of the examined Member States. Moreover, the interaction between EU and national regulations is an important research point. Besides the article shows case variants concerning the recognition of same-sex relationships due to the legal and ideological conditions in the analysed countries Also, the article analyses the impact and importance of the Court of Justice of the European Union and the European Court of Human Rights for the studied topic. In addition, the study takes into consideration the impact of constitutional provisions on the legalization of homosexual couples in the analysed countries. The article is divided into parts covering the following issues: free movement of persons in the European Union, the right to family reunification of European Union citizens, relations between European Union law and the internal law of the Member States, recognition of same-sex marriages in France, Ireland and Poland, and summary. The opinions of A. Tryfonidou, H. Verschueren, P. Tulea and M. Bell were included in the study due to their importance to the research are.

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