scholarly journals Divergence of romano-germanic and anglo-american legal systems on the example of brexit

2020 ◽  
pp. 144-153
Author(s):  
Tetjana Humeniuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Practical Importance ◽  
Mutual Transformation ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
Political Processes ◽  
Anglo American ◽  
The Eu

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.

Is specific jurisdiction dead and did we murder it? An appraisal of the Brussels Ia Regulation in the globalizing context of the HCCH 2019 Judgments Convention

2021 ◽  
Author(s):  
Michiel Poesen
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Theoretical Foundation ◽  
Explanatory Model ◽  
Close Connection ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
Current State ◽  
The Eu

Abstract Specific jurisdiction in the European Union (EU) is in a state of flux. While its theoretical foundation varies among legal systems, the explanatory model in EU law—established by the Brussels Ia Regulation—is the close geographical connection between a dispute’s subject matter and a court. It is believed that the court with such a connection is best positioned to judge the matter. Therefore, Article 7 of the Brussels Ia Regulation allocates jurisdiction over subject matters as broadly defined as contracts and torts to the court of an array of predetermined locations. However, in reality the courts so identified will not always have a close connection to the dispute. Nonetheless, the court of that place has jurisdiction. This article will evaluate the legitimacy of denying a more concrete role to the linkage between a forum and a dispute. It will also contrast the current state of play in the EU with the approach taken in the jurisdictional filters featuring in the 2019 Hague Judgments Convention.

scholarly journals Politics of the European Union

2011 ◽  
Author(s):  
John McCormick
Keyword(s):  
European Union ◽  
Regional Development ◽  
European Integration ◽  
The European Union ◽  
Member States ◽  
Political Processes ◽  
European Single Market ◽  
External Relations ◽  
History Of ◽  
The Eu

The European Union (EU) has become a critical new actor on the global stage, containing twenty-seven member states (with more considering membership) and nearly 500 million people. With its origins in postwar efforts to promote peace, security, and economic reconstruction in Europe, the EU constitutes a new level of authority above that of the member states and has overseen the building of a European single market, the launch of the euro, and the development of common (or coordinated) policies on agriculture, the environment, trade, regional development, external relations, immigration, and a wide variety of other issues. But the jury is still out on the personality of the EU and the wisdom of European integration, some praising its achievements but others regarding it as undemocratic and a threat to the sovereignty of its member states. The literature on the EU has grown exponentially since the late 1980s, as scholars and other analysts struggle to understand both the dynamics and the implications of European integration. This entry offers a taste of the range of topics within the literature, with sections on the theory and principles of integration, the history of the EU, its major institutions, political processes, and key areas of policy activity.

scholarly journals Sobre la articulación de ordenamientos en la unión europea. A propósito del libro transposición de directivas y autogobierno coordinado por Xabier Arzoz Santisteban = About the articulation of legal orders in the European Union. With regard to the boo

2014 ◽  
pp. 413
Author(s):  
Jorge Alguacil González-Aurioles
Keyword(s):  
European Union ◽  
European Integration ◽  
Institutional Autonomy ◽  
Eu Law ◽  
The European Union ◽  
Central State ◽  
Legal Standard ◽  
Practical Reality ◽  
The Eu

La obra objeto de comentario es dirigida por Arzoz Santisteban y se centra en analizar las potencialidades que tiene la directiva para articular el pluralismo ordinamental que genera el proceso de integración europea en nuestro orden territorial. Pero la teoría ha de ser contrastada con la realidad práctica. La lectura de este libro es muy sugerente pues incide precisamente en el análisis de esta norma jurídica y del desarrollo que tiene en la práctica: ¿hasta qué extremo su práctica es respetuosa con este pluralismo ordinamental? Lo cierto es que como se pone de manifiesto en el libro en la teoría partimos del conocido principio de la autonomía institucional, en la práctica podrí allegar a producirse un dominio del Estado central en la transposición del Derecho de la Unión.The work subject of comment is directed by Arzoz Santisteban and focuses on analyzing the potential that has the directive to articulate ordinamental pluralism generated by the process of European integration in our territorial order. But the theory has to be contrasted with the practical reality. It is very interesting to read this book because it affects precisely in this legal standard and analysis the development that has in practice: is really their practice friendly with this ordinamental pluralism? The truth is that as it is revealed in the book on the theory we start from the known principle of institutional autonomy, the practice may attached to produce a domain of the central State in the transposition of the EU law.

The Eternity Clause in the Czech Constitution as Limit to European Integration

ICL Journal ◽  
2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Ladislav Vyhnánek
Keyword(s):  
European Union ◽  
European Integration ◽  
Point Of View ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Introductory Part ◽  
The Eu

AbstractThe article raises one principle question: Does the Czech Eternity Clause pose a possible threat to a further integration of the European Union? In a concise introductory part, the article analyses the concept of the Eternity Clause of the Czech Constitution from both the substantive and procedural point of view. Afterwards, the article goes on to eval­uate whether certain aspects of the Eternity Clause (as interpreted by the Czech Constitu­tional Court) might indeed create practical problems for the EU. The opinion of the author is that the ‘danger’ is quite negligible. This is mostly due to the fact that the Czech Consti­tutional Court generally (with an exception that is not to be overestimated) adheres to euro-friendly interpretation and it has even interpreted the Eternity Clause itself (espe­cially concepts like democracy or sovereignty) with respect to the logic and nature of Eu­ropean integration. The euro-friendliness of the Czech Constitutional Court is further com­plemented by the respect that the EU law pays to national (especially constitutional) iden­tity of the member states.

scholarly journals Court of Justice of the European Union: historiography of European sources published in the period 1957-1992

2021 ◽  
pp. 292-299
Author(s):  
I. V. Kaminska
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Order ◽  
Judicial Activism ◽  
Eu Law ◽  
The European Union ◽  
Scientific Publications ◽  
Court Of Justice ◽  
Scientific Papers ◽  
The Eu

Before proceeding to the analysis and characterization of foreign publications, all the sources we found were systematized according to the time criterion, according to which all the publications found, which in one way or another examined the Court of Justice, we divided into three periods, namely: I period (1957–1992); II period (1992–2007); III period (2007-present). The division was based on the periodization of the development of European integration, or rather its main stages. And the period – the creation and functioning of the European Communities (from the Treaties of Rome to the signing of the Maastricht Treaty); II period – the formation of the European Union (signing of the Maastricht, Amsterdam, Nice treaties); Period III – the functioning of the European Union in its modern form (after the signing of the Lisbon Treaty and until now). Thanks to this systematization, we were able to demonstrate what topics were relevant among scholars in a particular period of development of integration and functioning of the Court of Justice. The main presentation of the material is devoted to the results of the analysis of foreign scientific publications concerning the principles of organization and functioning of the Court of Justice published in the period 1957–1992. We found that most scientific papers were published by scientists from Great Britain, Italy, Belgium, Luxembourg, Germany, France which account for a significant share of the work of judges and Advocates-General of the Court of Justice. All foreign sources published in this period were analyzed by us on the subject of research and grouped by subject. Thus, we found that in the period 1957–1992.current research topics on the Court of Justice of the EU were: protection of individuals in the EU law and order; methods of interpretation in the decision of the Court of Justice of the EU; judicial control in the EU; the legal nature of the interaction between national judicial institutions and the Court of Justice and their impact on the uniform application of the Community legal order and its organic combination with the national legal order; judicial activism; principles of EU law; the role of EU judges in the development of European integration. Keywords: EU Court, judicial activism, EU legal order, principles of EU law, EU court decision.

scholarly journals La incidencia del desarrollo de la Unión Europea en las categorías del derecho público francés = The impact of the development of the European Union in the french public law categories

2013 ◽  
pp. 125
Author(s):  
Vlad Constantinesco
Keyword(s):  
European Union ◽  
Public Law ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
The Status ◽  
Important Notion ◽  
The Impact ◽  
The Eu

La construcción de la Unión Europea ha interactuado sistemáticamente con los ordenamientos jurídicos nacionales, de los que procede. El conjunto de reglas que vienen del Derecho de la UE ha desafiado las nociones básicas y las viejas categorías jurídicas construidas por los sistemas jurídicos nacionales. Este artículo analiza el impacto de la legislación de la UE sobre la importante noción de la soberanía-consustancial, en Francia, a la noción de Estado y, en segundo lugar, se examinan las consecuencias que la legislación de la UE podría producir sobre la situación de los nacionales franceses, que se han convertido, desde el Tratado de Maastricht, en ciudadanos de la Unión Europea. Los dos términos de la importante relación política, Estado y ciudadanos, se encuentran sin duda bajo la influencia del Derecho de la Unión Europea.The construction of the European Union has consistently interacted with national legal orders which it proceeds. The set of rules coming from EU Law has challenged the basic notions and the old legal categories built by national legal systems. This article considers the impact of EU law on the important notion of sovereignty - consubstantial, in France, to the notion of State and, secondly, examines what consequences the EU law could produce regarding the status of French nationals, which have become, since the Treaty of Maastricht, citizens of the European Union. The two terms of the major political relation: State and citizen, are definitely under EU Law influence.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

'Poland Has Always Been in Europe'

2011 ◽  
Vol 20 (2) ◽  
pp. 21-42 ◽  
Author(s):  
Marysia Galbraith
Keyword(s):  
European Union ◽  
European Integration ◽  
The European Union ◽  
Economic Interests ◽  
Careful Observation ◽  
Meaningful Engagement ◽  
Global Imaginary ◽  
European Union Studies ◽  
The Eu ◽  
National Borders

The paper explores ways in which individuals make use of the opportunities and resources provided by the European Union (EU), and how such instrumentalities can make the concept of Europe more salient for citizens. This is important to European Union studies generally because careful observation and analysis of everyday engagements can help to reveal the basis upon which the EU gains legitimacy, or, alternatively, the grounds for resistance to further integration. Through an examination of Poles' experiences of mobility, and their reflections about crossing national borders to work and travel, the paper shows that instrumentality is not just motivated by economic interests, but also by the desire to advance culturally, socially and symbolically within a global imaginary of hierarchically ranked nations. As such, support for European integration tends to weaken in situations where ongoing inequalities and exclusions lead to perceptions of social demotion. Further, instrumentalities can deepen meaningful engagement with the EU in ways that also reassert national loyalties.

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