scholarly journals Trybunał Sprawiedliwości Unii Europejskiej wobec zjawiska „turystyki socjalnej”

2017 ◽  
Vol 107 ◽  
pp. 27-52 ◽  
Author(s):  
Aleksander Cieśliński
Keyword(s):  
European Union ◽  
Case Law ◽  
Developed Countries ◽  
Maastricht Treaty ◽  
Social Benefits ◽  
Social Rights ◽  
Social Citizenship ◽  
The European Union ◽  
Political Climate ◽  
Court Of Justice

THE COURT OF JUSTICE OF THE EUROPEAN UNION AND “SOCIAL TOURISM”The idea of social citizenship in the European Union as a brand new stage of the integration process following well established market citizenship used to be very popular and tempting, especially for Euro-enthusiasts. Taking into account at the same time how important social rights turn out to be for modern state and citizenship it should not be a surprise that such development would be a solid basis for the concept of the more advanced and human-oriented Union. For the decades since the Maastricht Treaty the evolution of the case-law of the Court of Justice has seemed to prove that direction. Unfortunately, due to the worldwide crisis as well as new EU accessions covering rather less developed countries, political climate has changed in recent years and particularly EU migrating citizens’ claims for social benefits are rather considered a threat and part of so called “social tourism” that needs to be explained. As it turned out the CJEU case-law has also been modified and here the most famous example is the Dano case.The main purpose of this paper is to analyze the most important changes brought by this ruling and subsequent ones until the present day and their wider implications. What is particularly interesting is the restoration of practical meaning of the limitations and conditions for legal residence and social assistance stemming from Directive 2004/38 that seemed to be almost omitted in previous case-law in the name of respecting the general citizenship guarantees and non-discrimination principle. There should also be no doubt that  his principle shall not be treated as unlimited for all EU citizens who find themselves in the same situation, as Member States are again entitled to differentiate them more rigorously basing on such criteria as the level of integration with its society and the market. Another important aspect that has been modified refers to a less individual approach to every claimant for social benefits which was criticized due to serious administrative burden for national authorities and the way it became rationalized also seems to be quite interesting.

scholarly journals Overview of recent cases before the court of justice of the European Union (April−September 2017)

2017 ◽  
Vol 19 (4) ◽  
pp. 353-362
Author(s):  
Anne Pieter van der Mei
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Social Security ◽  
Case Law ◽  
Social Rights ◽  
The European Union ◽  
Binding Effect ◽  
Court Of Justice ◽  
The Social ◽  
Third Country Nationals

This contribution presents an overview of the case law of the Court of Justice of the European Union in the period April–September 2017 on social security matters. The relevant rulings concern first and foremost the rules determining the applicable legislation as enshrined in Regulation 883/2004 and Regulation 1408/71. In addition, the Court of Justice has delivered important rulings concerning posted worker and the binding effect of A1 certificates, the social security rights of third country nationals holding a single-permit and the protection of social rights in the context of financial crisis and austerity measures.

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

From ‘Don’t Mention the Titanium Dioxide Judgment’ to ‘I Mentioned it Once, But I Think I Got Away with it All Right’: Reflections on the Choice of Legal Basis in EU External Relations after the Legal Basis for Restrictive Measures Judgment

2013 ◽  
Vol 15 ◽  
pp. 537-562
Author(s):  
Geert de Baere
Keyword(s):  
European Union ◽  
Titanium Dioxide ◽  
Case Law ◽  
The European Union ◽  
Legal Basis ◽  
Court Of Justice ◽  
External Relations ◽  
Restrictive Measures

Abstract This chapter examines the choice of legal basis in EU external relations post-Lisbon in the light of the judgment of the Court of Justice in the Legal Basis for Restrictive Measures case. Before reaching the conclusion that the regulation at issue there was rightly based on Article 215(2) of the Treaty on the Functioning of the European Union (TFEU) and rejecting the European Parliament’s argument that the measure ought to have been taken on the basis of Article 75 TFEU, the Court made a number of important observations on the principles to be followed when choosing a legal basis and recalled some of its earlier case law, in particular Titanium Dioxide and its progeny. This chapter reflects upon the application of those principles in a post-Lisbon framework.

scholarly journals The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration

2013 ◽  
Vol 15 ◽  
pp. 139-167
Author(s):  
Ester Herlin-Karnell ◽  
Theodore Konstadinides
Keyword(s):  
European Union ◽  
European Integration ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Legal Principles ◽  
Division Of Powers ◽  
Court Of Justice ◽  
Scope Of Application

Abstract The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.

scholarly journals Determining the moment and form of concluding a passenger transport contract based on the judgment of the Court of Justice of the European Union in joined cases C-349/18 to C-351/18

2020 ◽  
pp. 23-26
Author(s):  
Karol Lange
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Passenger Transport ◽  
Railway Transport ◽  
European Union Law ◽  
Legal Norms ◽  
Railway Systems ◽  
Court Of Justice ◽  
The Moment

The article focuses on discussing the norms of Polish transport law and European Union regulations on the correctly defined of the moment and form of concluding a contract of passengers transport in railway systems. The article also describes the problem of discourse between the content of these legal norms and the jurisprudence practice and doctrine opinion. Moreover, was performed to present a comparative analysis of the relation of the Court of justice of the European Union judgment to the norms of Polish and European law and the case law. Commented on the practices of carriers in regulating the said matter. Internal law acts applicable to the means of transport of Polish railway companies were also analyzed. Keywords: Transport law; Contract of passenger transport; European Union law; Railway transport

Anti-discrimination Case Law of the Court of Justice of the European Union before and after the Economic Crisis

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Amalie Frese
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Case Law ◽  
The European Union ◽  
Direct Role ◽  
Legal Norms ◽  
Court Of Justice ◽  
Weak Evidence ◽  
Before And After ◽  
The Eu

Abstract Income inequality is at an all-time high in the Europe Union (EU). Implications from the economic crisis which broke out in 2008, and in particularly the austerity measures introduced by Governments in Eurozone countries receiving bailout programmes, created further inequalities, for example between men and women. This paper starts from the hypothesis that whereas other institutions in the EU have played a direct role in tackling the economic crisis, the Court of Justice of the European Union (CJEU) may have played a more indirect role, which nonetheless can have an overlooked value in particular for setting direction for legal norms of equality and anti-discrimination in Europe. The paper therefore addresses a legal-empirical question: To what extent does the anti-discrimination case law of the CJEU reflect the increased inequalities in Europe following the economic crisis? Based on a dataset of all anti-discrimination cases of the CJEU, I conduct a quantitative analysis of changes in the case law from before to after the economic crisis. I find that there is only weak evidence, which suggests that the case law of the CJEU reflects the increased inequalities following the economic crisis.

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