scholarly journals Redefining the Relationship Between National Law and European Law

2021 ◽  
Vol 2 (1) ◽  
pp. 139-145
Author(s):  
Bertrand Mathieu
Keyword(s):  
European Union ◽  
Regulatory Mechanisms ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
The Relationship

Relations between European legal orders and national legal orders present specificities that call into question the principles dictating how states are governed. As the scope of European activities expands, whether it is the European Union or Council of Europe, the potential for conflict is created. In this context, it is important to redefine these relationships and create regulatory mechanisms. This article aims to suggest avenues in this direction.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

1. Context, Background, and Institutions

2020 ◽  
pp. 3-16
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
European Union ◽  
Human Rights ◽  
Secretary General ◽  
The Other ◽  
European Convention ◽  
The Political ◽  
The European Union ◽  
Council Of Europe ◽  
The Relationship

This chapter examines the history and institutions associated with the European Convention on Human Rights (ECHR). It discusses the political context in which the European Convention was drafted and both the political developments and philosophies which shaped its content. It also examines the system of protection provided by the different organs of the Council of Europe; the relationship between those organs and other international courts and tribunals, including the European Union; and the role of the Secretary-General of the Council of Europe, the Commissioner for Human Rights, and the other human rights instruments of the Council of Europe in the enforcement of the human rights provisions.

Present and Future Relations between the ECJ and the ECtHR

ICL Journal ◽  
2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Rosmarie Doblhoff-Dier ◽  
Sandra Kusmierczyk
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
European Union Law ◽  
The Road ◽  
European Court ◽  
On The Road ◽  
The Relationship

AbstractBy acceding to the European Convention on Human Rights (ECHR), the EU’s role as supranational player in the complex human rights architecture of Europe will be finally recognized. On 5 April 2013, the negotiators of the accession procedure of the European Union to the ECHR agreed on a package of draft accession instruments. Constituting a mile­stone on the road to accession, the now revised Accession Agreement still leaves vast room for discussion. By critically scrutinizing some of its modalities, this article will evaluate its impact on the human rights jurisdiction of the European Court of Justice (ECJ) and the Eu­ropean Court of Human Rights (ECtHR) and the relationship between both courts. To this end, it will address the somewhat disproportionate involvement of the European Union in the future jurisdiction of the ECtHR and in the decision making of the Council of Europe in matters linked to the ECHR. Furthermore, it will focus on the compatibility of the Draft Agree­ment with the principle of autonomous interpretation of European Union Law: a highly rel­evant discussion for the ECJ’s future Opinion under Article 218 (11) TFEU on the compatibil­ity of the finalized draft agreement with the Treaties - the next hurdle for accession.

Is German Religionsverfassungsrecht under threat from the European Union?

2020 ◽  
Vol 9 (1) ◽  
pp. 1-27
Author(s):  
Peter Unruh
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
Case Law ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
Labour Relations ◽  
Court Of Justice ◽  
Religious Associations ◽  
The Relationship

Abstract Two recent judgments of the Court of Justice of the European Union (CJEU) raise fundamental questions about the relationship between European Union Law and German religious constitutional law. This article outlines the German constitutional context for the law of labour relations within religious associations before considering those judgments in detail. The article argues that in its approach to religious occupational requirements and loyalty obligations the case law of the CJEU risks bringing about a fundamental change in German religious constitutional law. This is in breach of the terms of membership of Germany in the European Union and contrary to European law itself.

Swobody rynku wewnętrznego a ograniczenia obrotu nieruchomościami rolnymi

2021 ◽  
pp. 395-412
Author(s):  
Adrianna Suska
Keyword(s):  
European Union ◽  
Real Estate ◽  
Natural Habitat ◽  
Internal Market ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Impact ◽  
The Relationship ◽  
Property Acquisition

This article aimed to outline the relationship between the freedoms of the internal market and agricultural real estate transactions in the Member States of the European Union. National regulations limiting the possibility of agricultural property acquisition are often considered as violations of European law. However, restrictions can be justified by the reasons listed in the Treaty on the Functioning of the European Union and mandatory requirements. Moreover, nowadays, it is necessary to find the most appropriate response to natural habitat devastation. A proper land economy can have a tremendous role in preserving the planet; therefore, it seems that every analysis of national restrictions must include the impact of the laws on the environment.

Human Rights in the Council of Europe and the European Union

2018 ◽  
Author(s):  
Steven Greer ◽  
Janneke Gerards ◽  
Rose Slowe
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe

The Role of National Constitutional Courts in European Democracy

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
Economic Liberalization ◽  
Democratic Legitimacy ◽  
European Law ◽  
The European Union ◽  
Constitutional Courts ◽  
European Court ◽  
European Democracy ◽  
And Function

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.

scholarly journals Trade, Politics, and Democratization: The 1997 Global Agreement Between the European Union and Mexico

2000 ◽  
Vol 42 (2) ◽  
pp. 35-62 ◽  
Author(s):  
José Antonio Sanahuja
Keyword(s):  
European Union ◽  
International Political Economy ◽  
Trade Agreement ◽  
Negotiation Process ◽  
The European Union ◽  
Association Agreement ◽  
Economic Association ◽  
Trade Politics ◽  
Global Agreement ◽  
The Relationship

Mexico and the European Union signed a new Political and Economic Association Agreement in December 1997 and ultimately a free-trade agreement in March 2000, aiming to establish a new model of relations with a more dynamic trade and investment component. This article analyzes the 1997 agreement as background to the final accord. Economic and political changes in the 1990s modified both parties’ participation in the international political economy, helping to overcome some of the structural obstacles to the relationship. The policy toward Latin America adopted by the EU in 1994 was influential. The negotiation process revealed divergences over the scope of the liberalization process and the so-called democracy clause.

scholarly journals Environmental Production Efficiency in the European Union Countries as a Tool for the Implementation of Goal 7 of the 2030 Agenda

Energies ◽  
2021 ◽  
Vol 14 (15) ◽  
pp. 4593
Author(s):  
Katarzyna Cheba ◽  
Iwona Bąk
Keyword(s):  
European Union ◽  
Production Efficiency ◽  
Energy Use ◽  
The European Union ◽  
2030 Agenda ◽  
European Union Countries ◽  
Taxonomic Methods ◽  
Development Levels ◽  
The Relationship ◽  
The Eu

The main purpose of the paper is to present a proposal to measure the relationships between Goal 7 of the 2030 Agenda for Sustainable Development and one of the areas considered in the green growth concept: environmental production efficiency. Both of these areas illustrate the relationship between the natural environment and the economy, emphasizing transformations in the field of energy use. Selected taxonomic methods, TOPSIS, and multicriteria taxonomy, were applied to study the relationships between the two areas. The results of the EU countries classification showed a variety of countries’ development pathways within a single economic community. Despite continued attempts to equalize the development levels between European Union countries in many strategic areas, they remain highly diversified. That is also true for the areas analyzed in the paper, which is a disturbing situation, indicating that both strategies might not correlate in all respects. Further research into the relationships linking the remaining dimensions of both strategies is required.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

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