The 'Fertile Dilemma of Law': Legal Integration and Legal Cultures in the European Union

2009 ◽  
Author(s):  
Jennifer Hendry ◽  
Daniel Augenstein
Keyword(s):  
European Union ◽  
The European Union ◽  
Legal Integration

The Impact of the Court of Justice of the European Union on Neighbouring Countries

2020 ◽  
pp. 349-396
Author(s):  
Arie Reich ◽  
Hans-W. Micklitz
Keyword(s):  
European Union ◽  
A Priori ◽  
Policy Recommendations ◽  
Eu Law ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
The Many ◽  
The Impact ◽  
Legal Integration

The concluding chapter sums up the overall findings of the project through three different strands of analysis: the first breaks down the eleven jurisdictions into three groups based on the relative quantity and impact of Court of Justice of the European Union (CJEU) citations found in these jurisdictions. By drawing conclusions from all the country reports through a comparative and macro-perspective, the goal is to distil the insights of the entire project and formulate policy recommendations in the light of EU external policy and legal integration objectives vis-à-vis its neighbourhood; the second examines the many factors that a priori could have an impact on whether judges are likely to cite the CJEU in their judgments, and then discusses what the research has found in relation to the actual role played by these factors; the third tries to place the current project into the context of overall research on the global reach of EU law, which can be ‘exported’ to non-members of the EU through various mechanisms, such as mutual and formal agreement or through more unilateral and spontaneous forms. They include modes of extraterritorial application of EU law, territorial extension, and the so-called ‘Brussels Effect’. The chapter concludes with some general observations and thoughts and formulates possible policy recommendations.

The Impact of EU law on National Judiciaries: Polish Administrative Courts and their Participation in the Process of Legal Integration in the EU

2011 ◽  
Vol 12 (3) ◽  
pp. 930-956
Author(s):  
Urszula Jaremba
Keyword(s):  
European Union ◽  
Main Role ◽  
Eu Law ◽  
The European Union ◽  
National Courts ◽  
Administrative Courts ◽  
The Impact ◽  
Total Impact ◽  
Legal Integration ◽  
The Eu

Since May 2004 Polish administrative courts have passed a great deal of judgments in which the law of the European Union (formerly European Community law) has played either the main role or a subsidiary role in the proceedings. This article seeks to examine how the above-mentioned courts comply with the expectations which are put on them by EU law and how they participate in the process of legal integration within the EU. In this context, the author scrutinizes how the national judiciary adjudicating in the administrative law area understands, interprets, employs and applies the systemic principles of EU law such as: supremacy, and (in) direct effect and effectiveness. In addition, the participation of national courts in the process of a dialogue with the Court of Justice of the European Union through the preliminary ruling procedure is captured. The analysis is not aimed at being exhaustive and focuses solely on the total impact of EU law on the national judiciary and the general trends in the judicial application of EU law, that is to say the overall reception of EU law and the dimension of the EU-friendliness displayed by Polish administrative courts.

Ein Schuldenerlass als Ende mit Schrecken?

2020 ◽  
Vol 69 (3) ◽  
pp. 277-307
Author(s):  
Arne Hansen ◽  
Dirk Meyer
Keyword(s):  
European Union ◽  
Capital Market ◽  
Policy Instrument ◽  
Central Banks ◽  
External Support ◽  
The European Union ◽  
European System ◽  
Equity Position ◽  
Legal Integration ◽  
The Eu

Abstract The rising debt-to-GDP ratios of the eurozone member states result not least from the coronavirus crisis. Without external support, especially with regard to Italy, but also for other Mediterranean states, access to the capital market could be seriously threatened in the medium run. The recovery fund ‘Next Generation EU’ likely directs the fundamental structures of the European Union (EU) towards a fiscal union with considerable transfer elements, while the Pandemic Emergency Purchase Programme (PEPP), which is declared as a monetary policy instrument, is even discussed as a violation of the prohibition of monetary financing. As an alternative, this contribution analyses a debt relief by the European System of Central Banks (ESCB), implemented via an EU debt agency. This construction would avoid a negative equity position of the central banks and also enable a legal integration into the EU system. The question remains: What would be the consequences of such a non-recurring step?

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