scholarly journals Zagadnienie reformacji decyzji przez sąd administracyjny w przedmiocie udzielenia ochrony międzynarodowej w świetle pytania prejudycjalnego słowackiego Sądu Najwyższego

Prawo ◽  
2019 ◽  
Vol 327 ◽  
pp. 243-260
Author(s):  
David Kryska
Keyword(s):  
Decision Making ◽  
European Union ◽  
Slovak Republic ◽  
Preliminary Ruling ◽  
The European Union ◽  
International Protection ◽  
The Czech Republic ◽  
Scientific Discussion ◽  
Court Of Justice ◽  
The Supreme Court

The issue of reformatory decision-making by an administrative court in the matter of international protection in the light of a question referred for a preliminary ruling by the Slovak Supreme CourtThe aim of this article is to discuss the principle of cassation decision-making as one of the foundations of administrative judiciary in the Czech Republic, Poland and Slovakia. This work describes the historical grounds of this arrangement. It focuses on the cassation principle in the light of an actual request for a preliminary ruling of the Supreme Court of the Slovak Republic in a matter of international protection. The article also describes the possible consequences of the judgment of the Court of Justice of the European Union in these preliminary proceedings for administrative judiciary in the three mentioned countries and also expresses the author’s opinion in the scope of scientific discussion.

scholarly journals Support Schemes in Renewable Energy: Commentary to Judgment of the Court (Fifth Chamber) of 13 September 2017, ENEA S.A. v. Prezes Urzędu Regulacji Energetyki

2018 ◽  
Vol 2 (1) ◽  
pp. 171-183
Author(s):  
Nevin Alija
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
European Commission ◽  
Environmentally Friendly ◽  
Preliminary Ruling ◽  
The European Union ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Financial Penalty ◽  
The Eu

In its September 13th 2017 decision,1 the Court of Justice of the European Union (CJEU) decided on a request for a preliminary ruling by the Supreme Court of Poland (Sąd Najwyższy) in proceedings between ENEA S.A. (ENEA) and the president of the Urzędu Regulacji Energetyki (Office for the regulation of energy, URE) on the imposition by the latter of a financial penalty on ENEA for breach of its obligation to supply electricity produced by cogeneration. The judgment of the Court of Justice follows many decisions of the European Commission and judgments of the EU courts assessing the involvement of State resources in support schemes in energy, particularly with the aim of switching towards more environmentally friendly sources. This case reaffirms that support schemes may, in certain circumstances, fall outside the scope of the EU State aid rules.

scholarly journals The Use of the Preliminary Ruling Procedure by Czech Courts: Historical Retrospective and Beyond

2019 ◽  
Vol 9 (4) ◽  
pp. 150-172
Author(s):  
Václav Stehlík ◽  
David Sehnálek
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Constitutional Court ◽  
Preliminary Ruling ◽  
The European Union ◽  
Court Of Justice ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Eu

Abstract The article analyses the use of the preliminary ruling procedure by the Czech courts in the 15 years of the Czech membership in the European Union. It presents statistics of cases lodged to the EU Court of Justice and refers to the most important decisions. The article compares the practise of both lower courts as well as courts of last instance, namely the Supreme Court and the Supreme Administrative Court. It also outlines the attitude of the Czech Constitutional Court towards this procedure.

Supreme Site Services v. Shape (C.J.E.U.)

2021 ◽  
pp. 1-16
Author(s):  
Salim S. Sleiman
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Preliminary Ruling ◽  
The European Union ◽  
Eu Regulation ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
Dutch Supreme ◽  
Brussels Regulation

On September 3, 2020, following a request from the Dutch Supreme Court, the First Chamber of the Court of Justice of the European Union (CJEU) rendered its preliminary ruling in Supreme Site Services and Others v. SHAPE on the interpretation of Articles 1(1) and 24(5) of the European Union (EU) Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Recast Brussels Regulation).

The Google Ireland Case and the Legal Battle over Digital Taxes in the European Union

2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante
Keyword(s):  
European Union ◽  
Digital Economy ◽  
Free Movement ◽  
Preliminary Ruling ◽  
The European Union ◽  
Topical Issue ◽  
Member States ◽  
Court Of Justice ◽  
Legal Battle ◽  
The Way

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.

Court of Justice of the European Union (Seventh Chamber) Kerly Del Rosario Martinez Silva v Instituto nazionale della previdenza sociale (INPS) Comune di Genova

2018 ◽  
Vol 20 (3) ◽  
pp. 357-363
Author(s):  
Bjarney Friðriksdóttir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Report ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.

Slowakische Republik (Slovak Republic) v. Achmea BV (C.J.E.U.)

2019 ◽  
Vol 58 (5) ◽  
pp. 1101-1113
Author(s):  
Jawad Ahmad
Keyword(s):  
Adverse Effect ◽  
European Union ◽  
The Netherlands ◽  
Slovak Republic ◽  
Bilateral Investment Treaties ◽  
Eu Law ◽  
The European Union ◽  
Important Decision ◽  
Court Of Justice ◽  
Energy Charter Treaty

On March 6, 2018, the Court of Justice of the European Union (CJEU) found in Slowakische Republik (Slovak Republic) v. Achmea B.V. that the arbitration agreement contained in the 1991 Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Czech and Slovak Federative Republic (BIT) had an adverse effect on the autonomy of EU law and, thus, was incompatible with EU law. This important decision has ignited a debate on the compatibility of other arbitration agreements in both intra-EU bilateral investment treaties (intra-EU BITs) and in the Energy Charter Treaty (ECT) with EU law.

THE WORK – LIFE BALANCE IN THE EUROPEAN UNION WITH FOCUS ON PARENTAL AND PATERNITY LEAVE

2021 ◽  
pp. 88-103
Author(s):  
Zuzana Horváthová ◽  
Iva Fischerová ◽  
Josef Abrahám
Keyword(s):  
European Union ◽  
Czech Republic ◽  
Social Policy ◽  
Slovak Republic ◽  
Work Life ◽  
Work Life Balance ◽  
The European Union ◽  
Life Balance ◽  
The Czech Republic ◽  
Paternity Leave

The paper deals with the social policy of the European Union, specifically the directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. And it is considering the changes that need to be made in the area of labour law, especially concerning the Labour Code, and partially in social security in the Czech Republic and the Slovak Republic, in connection with the requirement to transpose this directive. The aim of the paper is to evaluate the valid legislation of the Czech Republic and Slovak Republic in the monitored area. Key words: social policy, European Union, work-life balance, directive, parental leave, paternity leave, carers ́ leave, social security.

40. References to the Court of Justice of the European Union

2019 ◽  
pp. 443-447
Author(s):  
Stuart Sime
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
English Court ◽  
Court Of Justice

An English court faced with a question of EU law may sometimes decide it itself, or may refer it to the Court of Justice of the European Union (CJEU) in Luxembourg for a preliminary ruling. If a reference is made, the English proceedings will be stayed pending the ruling of the CJEU. Once it is made, the ruling is binding on the English court, but it is only a preliminary ruling, in that the English court is left to apply the ruling to the facts of the case and to give judgment. This chapter discusses the questions which may be referred to the CJEU; mandatory references; discretionary references; procedures in England; procedure in the CJEU; and costs of the parties in seeking a ruling from the CJEU.

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