scholarly journals Non-Privileged Applicants: Local Communities as Applicants of the Annulment Action before the European Court of Justice

10.4335/87 ◽  
2009 ◽  
Vol 7 (3) ◽  
pp. 283-306
Author(s):  
Janja Hojnik ◽  
Rajko Knez
Keyword(s):  
Local Communities ◽  
European Court Of Justice ◽  
Constitutional Court ◽  
Efficient System ◽  
Legal Rules ◽  
Legal Remedies ◽  
Court Of Justice ◽  
European Court ◽  
The Republic ◽  
Ec Law

In addition to the option of submitting requests for reviewing constitutionality and legality to the Constitutional Court of the Republic of Slovenia, it has been possible for the Slovenian local communities to contest EC Acts before the EC Courts over the last five years. But the terms and conditions for that are much stricter than those required by the national law. The paper analyses the complex system of legal rules determining the terms and conditions to be observed by local communities to contest the legal acts issued by the EU institutions. These conditions are very strict. They can be hardly fulfilled by local communities because equal conditions apply both to them and to legal / natural persons. For this reason, EU has been criticized for not providing an efficient system of legal remedies to protect the rights of natural and legal persons to whom also local communities pertain. The European Court of Justice partially accepted criticism, thereby facilitating contestation of EC Acts. However, it limited itself primarily to some specific areas of EC law. Wide criticism of the ECJ has led to some changes being made under the Lisbon Treaty, although these changes are not as liberal as expected. EC Treaty • locus standi • local communities • individual concern • direct concern • Slovenia • EU

Belgium The Limits of Constitutional Dialogue for the Prevention of Reverse Discrimination Constitutional Court, Judgment 11/2009 of 21 January 2009

2009 ◽  
Vol 5 (2) ◽  
pp. 327-339 ◽  
Author(s):  
Peter Van Elsuwege ◽  
Stanislas Adam
Keyword(s):  
European Court Of Justice ◽  
Reverse Discrimination ◽  
Constitutional Court ◽  
Insurance Scheme ◽  
Flemish Community ◽  
Court Of Justice ◽  
European Court ◽  
Insurance Case ◽  
Ec Law ◽  
The Impact

On 21 January 2009 the Belgian Constitutional Court terminated a long-lasting dispute over the conditions for affiliation to the care insurance scheme established by the Flemish Community. What started out as a classical conflict over the division of competences in Belgium resulted in a discussion about the impact of European Community (EC) law on the constitutional autonomy of the member states. Despite the entanglement between Belgian constitutional law and EC law, the Flemish care insurance case reveals the different perspectives of both legal orders. In this case, the dialogue between the Belgian Constitutional Court and the European Court of Justice (ECJ) through the preliminary ruling procedure could not prevent reverse discrimination.

scholarly journals A Preliminary Ruling Instrument in the Constitutional Jurisprudence of Lithuania

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 80-107
Author(s):  
Paulius Griciūnas
Keyword(s):  
European Court Of Justice ◽  
Constitutional Court ◽  
Preliminary Ruling ◽  
Indirect Control ◽  
Court Of Justice ◽  
European Court ◽  
Similarities And Differences ◽  
The Republic ◽  
The Right ◽  
Constitutional Jurisprudence

The judicial dialogue between the Constitutional Court of the Republic of Lithuania and the European Court of Justice is analyzed in this article. The variety of opinions, arguments, and the evolution of the approaches regarding the right or obligation of the Constitutional Court to refer for a preliminary ruling are researched. Major events in the evolution were two referrals by the Constitutional Court in 2007 and 2017; both of these decisions to refer for the preliminary ruling are compared, and the similarities and differences analyzed. The potential of a preliminary ruling in the constitutional jurisprudence is demonstrated, with an emphasis on the indirect control of the legality of EU acts and the national identity clause.

A Constitutional Court for Europe?

2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Council ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Order ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
Draft Constitution

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.

The European Court of Justice, More than a Teleological Court

1999 ◽  
Vol 2 ◽  
pp. 373-398 ◽  
Author(s):  
Albertina Albors Llorens
Keyword(s):  
European Court Of Justice ◽  
Common Denominator ◽  
Community Law ◽  
Court Of Justice ◽  
European Court ◽  
Legal Texts ◽  
The Media ◽  
The Common ◽  
Ec Law

The judgments of the Community judicature are often subject to intense scrutiny by the media and by academic writers. The European Court of Justice, in particular, is regularly accused of being by and large an “activist” court, namely a court that construes EC law in the light of the objective the judges are trying to pursue. In particular, it is argued that the European Court uses the teleological method of interpretation to enhance the effectiveness of Community law at the expense of the written legal texts. Several studies have been published on the supposed “activist” role of the European Court and as many (or more) have been written in defence of the Court. The common denominator of all these works is that they are selective.

The Taricco saga

2018 ◽  
Vol 9 (1) ◽  
pp. 4-11
Author(s):  
Stefano Manacorda
Keyword(s):  
Criminal Law ◽  
European Court Of Justice ◽  
Constitutional Court ◽  
Legal Regime ◽  
Judicial Decisions ◽  
Court Of Justice ◽  
European Court ◽  
History Of ◽  
Grand Chamber ◽  
European Criminal Law

On 8 September 2015, a new chapter opened in the history of European Criminal Law as a consequence of the judgment issued by the Grand Chamber of the European Court of Justice in the Taricco case. As a background hereto, the complex series of judicial decisions that have taken place must be recalled, by stressing the role played – among others – by the Italian Constitutional Court and the European Court of Justice (I). On such a basis, a comparative overview will allow us to identify some of the essential legal dilemmas at stake by focusing on the different conceptions surrounding the legal regime of time limitation for criminal offences and the wider implications arising therefrom (II). Apart from the divergence of perspectives which arises between the Italian and European judges, the judicial saga represents a turn in the history of the so-called European Criminal Law which deserves to be analysed.

scholarly journals The Randstad Case: Melki Reloaded? The Fundamental Right to Effective Judicial Protection as Battleground for Judicial Supremacy in European Law

2021 ◽  
Vol 4 (1) ◽  
pp. 53-68
Author(s):  
Orlando Scarcello
Keyword(s):  
European Court Of Justice ◽  
Constitutional Court ◽  
European Law ◽  
Eu Law ◽  
Court Of Justice ◽  
European Court ◽  
Judicial Supremacy ◽  
Judicial Protection ◽  
The Eu

This paper will examine the recent preliminary reference to the European Court of Justice issued by the Italian Court of Cassation in the Randstad case, aimed at rearranging the internal constitutional separation between ordinary and administrative courts (article 111(8) of the Constitution). I will first provide some context on both the relations between Italian and EU courts (2.1) and on the confrontation between the Court of Cassation and the Constitutional Court in interpreting article 111 (2.2). I will then specifically examine the referring order to the Court of Justice of the EU (3), focusing on the role of general clauses of EU law as articles 4(3) and 19 TEU and 47 of the Charter in it. Finally, I will consider the instrumental use of EU law made by the Cassation to overcome an unpleasant constitutional arrangement. This aligns Randstad with previous cases such as Melki or A v. B and may foster constitutional conflict in the future. 

scholarly journals Generalities on legal regulation of cartel agreements

2021 ◽  
pp. 92-99
Author(s):  
Dumitrita Bologan ◽  
Keyword(s):  
Great Britain ◽  
Competition Law ◽  
Legal Regulation ◽  
European Court Of Justice ◽  
Academic Environment ◽  
European Directives ◽  
Republic Of Moldova ◽  
Court Of Justice ◽  
European Court ◽  
The Republic

This article provides an overview of the evolution of competition and competition law, both in the Republic of Moldova and in some European and US countries. Also, the paper crystallizes the conceptual approaches on cartels and offers an analysis of the doctrine of the Republic of Moldova, Romania, Russia, France, Germany, USA, Great Britain regarding cartel agreements. Following the analysis carried out in this paper, it was observed that the contribution of foreign academics in the field of defining and classifying cartel agreements is substantial, and the jurisprudence of the European Commission and the European Court of Justice has served as a source of inspiration and progress for the academic environment, as well as for the development of competition on the market. Although in the Republic of Moldova there is limited research in the field of cartel agreements, it is gratifying that the legislation is harmonized with European directives, and the doctrine is developed starting from the most important international research in the field of protection of competition.

Saving Face? The German Federal Constitutional Court DecidesGauweiler

2017 ◽  
Vol 18 (1) ◽  
pp. 213-232 ◽  
Author(s):  
Asteris Pliakos ◽  
Georgios Anagnostaras
Keyword(s):  
Policy Decision ◽  
European Court Of Justice ◽  
Constitutional Court ◽  
European Central ◽  
Court Of Justice ◽  
Critical Commentary ◽  
European Court ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

The German Federal Constitutional Court has issued its long-awaited judgment in theGauweiler Case.The Court ruled that the policy decision on the Outright Monetary Transactions programme (OMT programme) does not manifestly exceed the competences attributed to the European Central Bank (ECB) and does not manifestly violate the prohibition of monetary financing of the budget, if interpreted in accordance with the preliminary ruling of the European Court of Justice (Court). This article surveys the Court's decision and offers a critical commentary on this important case.

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