scholarly journals Nacionalinio teismo vaidmuo įgyvendinant Europos Sąjungos teisę ir teisinio saugumo principo pažeidžiamumas

Teisė ◽  
2011 ◽  
Vol 78 ◽  
pp. 137-151
Author(s):  
Skirgailė Žaltauskaitė-Žalimienė
Keyword(s):  
National Court ◽  
Case Law ◽  
Eu Law ◽  
Legal Certainty ◽  
Res Judicata ◽  
The Eu

Straipsnyje analizuojamas nacionalinio teismo vaidmuo įgyvendinant Europos Sąjungos (ES) teisę, ypač atkreipiant dėmesį į Europos Sąjungos teisės viršenybės ir teisinio saugumo principų galimą koliziją bei jų suderinamumo problematiką, kuri straipsnyje atskleidžiama remiantis Europos Teisingumo Teismo (ETT) praktika. Nagrinėjamas ETT Lucchini sprendimas, šio sprendimo išvadų reikšmė res judicata prin­cipui jo ribojimo požiūriu. The article deals with the role of national court in implementation of the EU law. In particular, atten­tion is paid to the problem of possible collision and compatibility between the principles of supremacy of the EU law and legal certainty which is revealed relying on the ECJ case-law. The ECJ Lucchini judgment is also analysed as well as significance of its outcomes to the principle of res judicata in regard to the limitation of the latter.sp;

The Role of the CJEU in the Strengthening of the Participation of Third-Country Nationals in the Academic Life in the EU – Analysis of the Ruling of the CJEU in Case M.A. v Consul of the Republic of Poland in N

2021 ◽  
pp. 91-106
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
National Court ◽  
Eu Law ◽  
Foreign National ◽  
Residence Permit ◽  
Voluntary Service ◽  
Court Of Justice ◽  
The Republic ◽  
New Student ◽  
The Eu

The analyzed ruling is the first judgement which the Court of Justice passed in order to provide interpretationfor the new Student Directive (2016/801 of 11 May 2016 on the conditions of entry and residence ofthird-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemesor educational projects and au pairing). Due to its judiciary activism, the Court was able to find a connectionbetween the case pending before a national court and EU law in the case of M.A. In the end, the Court finallydecided that in the case at issue, regarding the rights of a foreign national to apply for a residence permit for thepurpose of enrolling in second-cycle studies programme in Poland, the procedure of applying for a long-stay visaon the grounds of national law must be safeguarded by the guarantees under Article 47 of the Charter of FundamentalRights. The guarantees apply to the actual states in which EU law is applicable – in this case the “StudentDirective.” It seems that the ruling in the case of M.A. will play a crucial role in facilitating students’ – TCNs’ – entryinto the territory of the Republic of Poland, while the Polish legislator, in all probability, will be obliged to changethe provisions of the national law in such a way as to make it possible for future students to access a full array oflegal remedies against the negative decisions of consuls.

The Polluter Pays Principle in EU Climate Law: an Effective Tool before the Courts?

Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 1-27
Author(s):  
Suzanne Kingston
Keyword(s):  
European Union ◽  
Legal Status ◽  
Potential Role ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Polluter Pays Principle ◽  
Energy Law ◽  
The Eu

In EU law the polluter pays principle (ppp) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (tfeu) enshrines it among the fundamental principles of the EU’s environmental policy. This article considers the legal status and development of the ppp in EU law, in the case law of the Court of Justice of the European Union (cjeu) and in EU policy, most recently in the EU’s Green New Deal. It goes on to identify three bodies of climate-related litigation where the ppp has been most influential to date: first, cases concerning the EU ets and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the ppp in other areas, including climate cases based on human and environmental rights, and climate cases brought against private parties.

Twenty years later: Application of the Charter of Fundamental Rights of the European Union as an Anthropocentric and Innovative Document

2021 ◽  
Vol 23 (129) ◽  
pp. 23
Author(s):  
Angelo VIGLIANISI FERRARO ◽  
Goran Ilik
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Legal Obligation ◽  
Eu Law ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Fundamental Rights And Freedoms ◽  
The Guardian ◽  
The Eu

The paper analyzes the legal content and scope of the norms of the Charter of Fundamental Rights of the EU and their meaning and application as a para-constitutional document of anthropocentric and innovative nature in the last twenty years. Special attention is paid to the place and role of the CJEU as a judicial body in charge of implementing and harmonizing EU law. The article also deals with the possibility of direct application of the norms of the Charter, both vertically and horizontally. In addition, the paper cites the CJEU case law to confirm the thesis that it must undertake a moral and legal obligation in order to impose itself not only as a creator of legal doctrines but also as the guardian of the fundamental rights and freedoms of the EU.

Res Judicata in the Court of Justice Case-Law

2007 ◽  
Vol 3 (3) ◽  
pp. 385-417 ◽  
Author(s):  
Xavier Groussot ◽  
Timo Minssen
Keyword(s):  
Indirect Effect ◽  
Case Law ◽  
Eu Law ◽  
Legal Certainty ◽  
Judicial Decisions ◽  
Res Judicata ◽  
Court Of Justice ◽  
Procedural Autonomy ◽  
State Liability

Forms of res judicata – Unwritten principle of EU law – National procedural autonomy v. EC supremacy – Revision of decisions v. state liability – Finality of administrative decisions v. judicial decisions – Higher respect for judicial decisions than for administrative decisions – Res judicata not absolute – ECJ itself under demands of legal certainty – Analogy between res judicata rules and rules of direct and indirect effect.

scholarly journals ALGORITHM TRANSPARENCY AS A SINE QUA NON PREREQUISITE FOR A SUSTAINABLE COMPETITION IN A DIGITAL MARKET?

2021 ◽  
Author(s):  
Maciej Hulicki
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Eu Law ◽  
Market Participants ◽  
On Demand ◽  
Antitrust Case ◽  
Legal Challenges ◽  
Market Practices ◽  
The Eu

Algorithms play a fundamental role in the digital economy. Their impact on the situation of market participants is significant. Hence, ensuring transparency of algorithms, through access to them, is crucial for the proper functioning of the market. Several models of algorithmic transparency are analyzed in the paper: from lack of transparency to complete regulation of algorithms. In particular, transparency through explanation, and “on-demand transparency” were proposed. The goal of the paper is to determine the optimal form and scope of regulation of this area, in order to ensure sustainable competition in the digital market. Hence, the paper focuses on the concept of algorithmic transparency, the nature of the competition in the digital market, the role of algorithms within the digital trade, and problems related to the regulation of algorithms. This allows to answering the question of whether algorithmic transparency is an indispensable condition for sustainable competition in the digital market, and what are the legal challenges, which may arise with respect to various models of algorithm transparency. The paper is embedded within the EU legal framework, discusses new legislative developments in the EU law, such as the proposal for the Digital Markets Act, and includes analysis of EU antitrust case-law and market practices.

EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Functional Understanding ◽  
Scope Of Application ◽  
International Refugee Law ◽  
Border Controls ◽  
The Eu

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

The EU Treaties and the Charter of Fundamental Rights

2019 ◽  
Keyword(s):  
Current Practice ◽  
Case Law ◽  
Fundamental Rights ◽  
Legal Service ◽  
Eu Law ◽  
Charter Of Fundamental Rights ◽  
Rights Offering ◽  
Law And Legislation ◽  
Fast Access ◽  
The Eu

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

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