The Position of the European Court of Justice in the EU Legal Order and its Relationship with National Constitutional Courts

2005 ◽  
Vol 60 (3) ◽  
pp. 323
Author(s):  
Vassilios Skouris
Keyword(s):  
Legal Order ◽  
European Court Of Justice ◽  
Constitutional Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The Compatibility of Investment Arbitration in eu Trade Agreements with the eu Judicial System

2016 ◽  
Vol 13 (1) ◽  
pp. 46-63 ◽  
Author(s):  
Dr. Laurens Ankersmit
Keyword(s):  
Dispute Settlement ◽  
Trade Agreements ◽  
Legal Order ◽  
European Court Of Justice ◽  
Court System ◽  
Foreign Investors ◽  
Investment Arbitration ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

This article explores the legality of investment arbitration in eu trade agreements under eu law. Investor-state dispute settlement (isds), including the Investment Court System, allows foreign investors to challenge eu acts and decisions before investment tribunals and these tribunals may be faced with questions of eu law. Since this system of dispute resolution operates entirely outside the eu judicial framework and rivals with it, the powers of the courts of the Member States and that of the European Court of Justice may be adversely affected. This in turn could affect the uniform interpretation and effectiveness of eu law and the autonomy of the eu legal order.

The Status of International Law in the EU

2021 ◽  
pp. 421-505
Author(s):  
Jan Wouters ◽  
Frank Hoffmeister ◽  
Geert De Baere ◽  
Thomas Ramopoulos
Keyword(s):  
International Law ◽  
International Agreements ◽  
Legal Order ◽  
European Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
European Court ◽  
Un Security Council ◽  
The Status ◽  
The Eu

This chapter deals with the status of international law in the EU legal order under the Lisbon Treaty. It presents in great detail the most important cases of the European Court of Justice (ECJ) on the incorporation of international agreements and their rank in the domestic legal order. The origins and current practice of the doctrine of direct effect for specific provisions in an international agreement are explained. Moreover, the chapter contains an assessment of the famous ECJ Kadi-jurisprudence on the significance of human rights in the implementation of UN Security Council Resolutions on counter-terrorism. Finally, it also shows with concrete examples how the Court of Justice developed the status of customary international law in the EU.

Judges and Policy Making Authority in the United States and the European Union

ICL Journal ◽  
2014 ◽  
Vol 8 (2) ◽  
Author(s):  
Antonios E. Kouroutakis
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
The United States ◽  
Legal Order ◽  
European Court Of Justice ◽  
Judicial Activism ◽  
Court Of Justice ◽  
European Court ◽  
The Us ◽  
Us Supreme Court

AbstractInstitutions such as the US Supreme Court and the European Court of Justice in due time have developed a status of supremacy through judicial activism. The main target of the article is to identify the judicial activism exercised by these Courts and to reason its need in the legal order. In the first part the US Supreme Court and the European Court of Justice are placed in the overall polity that they belong to and the development of their status and their characteristics are analyzed. The major concern of the first part is to examine how those declared their supremacy and focus on major cases and their reason­ing.In the second part the extent of the judicial supremacy in each legal order is discussed and its effects in the decision making process are examined. The assumption that judicial activ­ism is acceptable only if it expresses consensus in the legal order is tested and it is argued that up to an extent, Judicial Activism does not distort the political agenda when it ex­presses the consensus of the legal system. Finally, it is argued that when such activism exceeds the boundaries of the consensus, the other actors in the legal system would even­tually react and would limit such activism.

3. The Sources, Forms, and Individual Remedies of EU Law

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Order ◽  
European Court Of Justice ◽  
Primary Sources ◽  
Eu Law ◽  
European Court ◽  
Questions And Answers ◽  
State Liability ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter includes questions on a wide variety of often overlapping points concerned with the sources of European Union (EU) law. The sources of law are the Treaties which are regarded as primary sources and secondary legislation which can be enacted by the institutions of the Union by virtue of the powers given by the Member States and which are contained in the Treaties. Additional sources of law in the EU legal order are agreements with third countries, general principles and the case law of the European Court of Justice (ECJ) establishing, amongst other case law developments, the doctrine of direct effects, supremacy of EU law and state liability.

The CETA Opinion of the European Court of Justice and its Implications—Not that Selfish After All

2019 ◽  
Vol 22 (3) ◽  
pp. 503-521 ◽  
Author(s):  
Christian Riffel
Keyword(s):  
Dispute Settlement ◽  
Trade Agreement ◽  
European Court Of Justice ◽  
Court System ◽  
Eu Law ◽  
Investment Protection ◽  
Constitutional Principle ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

Abstract In Opinion 1/17, the European Court of Justice (ECJ) found the investment court system compatible with European Union (EU) law. The ruling concerned the mechanism in the Comprehensive Economic and Trade Agreement (CETA) but the Court’s reasoning is equally applicable to other investment courts as established, for example, in the EU’s investment protection agreements with Singapore and Vietnam. This outcome was far from clear, given that in the past the accession to international dispute settlement bodies regularly foundered on the autonomy of the EU legal order. The present article parses the CETA Opinion and explores its implications. It particularly focuses on autonomy as a constitutional principle and its advancement in Opinion 1/17. Importantly, the ECJ accepted the superiority of a court created by international agreement in relation to the said agreement. Furthermore, it clarified that it is not prerequisite for the Court to rule first on the meaning to be given to an act of EU law before that act can be the subject matter of an investment dispute. Finally, the pdrerogative of the EU to autonomously set the level of protection of a public welfare goal must be secured in a treaty for the EU to join it.

The German Constitutional Court and Preliminary References—Still a Match not Made in Heaven?

2015 ◽  
Vol 16 (6) ◽  
pp. 1491-1508
Author(s):  
Eva Julia Lohse
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Court Of Justice ◽  
European Court ◽  
German Constitutional Court ◽  
In The Beginning ◽  
The Eu

So far, the German Constitutional Court (Bundesverfassungsgericht, henceforth:BVerfG) has only made a single preliminary reference to the (now) Court of Justice of the European Union (CJEU), despite frequent rulings on matters connected with European Union (EU) Law. Its apparent reluctance seemed odd considering the atmosphere of dialogue and cooperation which prevails between the non-constitutional courts and the EU courts. This situation might, however, have changed with the preliminary reference from January 2014, proving predictions on the perceived “most powerful constitutional court” and its relationship to the EU partly wrong. The legal effects of its preliminary reference on the interpretation of Articles 119, 123, 127 ff. of the Treaty on the Functioning of the European Union (TFEU) and the validity of Outright Monetary Transactions (OMT) by the European Central Bank (ECB) under EU Law are as yet unclear; although the Opinion of the Advocate General Cruz Villalón was delivered in the beginning of 2015, which did not confirm the doubts expressed by theBVerfGabout the conformity of the OMT programme with EU law. Nonetheless, the interpretative scheme and the normative questions as to the reluctance of theBVerfGremain the same after this single referral and offer explanations as to why theBVerfGhad for nearly sixty years not referred a question to the former European Court of Justice (ECJ).

The Effect of WTO Dispute Settlement Rulings in the EC Legal Order: Reviewing Van Parys v Belgische Interventie- en Restitutiebureau (C-377/02)

2005 ◽  
Vol 6 (6) ◽  
pp. 1025-1032
Author(s):  
Delphine De Mey
Keyword(s):  
Dispute Settlement ◽  
National Court ◽  
Legal Order ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
Wto Dispute Settlement ◽  
European Court ◽  
The Right ◽  
Community Legal Order

On 1 March 2005, the European Court of Justice (hereinafter ‘ECJ’ or ‘the Court’) got another opportunity to rule on the effect of recommendations and decisions of the WTO Dispute Settlement Body (hereinafter ‘DSB’) in the Community legal order. The ECJ concluded that an individual does not have the right to challenge, before a national court, the incompatibility of Community measures with WTO rules, even if the DSB had previously declared the Community legislation to be incompatible with those rules.

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