Transparency and Clear Legal Language in the European Union: Ambiguous Legislative Texts, Laconic Pronouncements and the Credibility of the Judicial System

2014 ◽  
Keyword(s):  
European Union ◽  
Judicial System ◽  
The European Union ◽  
Legal Language

Transparency and Clear Legal Language in the European Union: Ambiguous Legislative Texts, Laconic Pronouncements and the Credibility of the Judicial System

2010 ◽  
Vol 12 ◽  
pp. 409-423
Author(s):  
Eleanor Sharpston
Keyword(s):  
European Union ◽  
Legal System ◽  
Judicial System ◽  
The European Union ◽  
Legal Language ◽  
Cultural Backgrounds ◽  
National Courts ◽  
Court Of Justice

Abstract The legal system of the European Union generates particular problems of opacity and lack of clarity. This chapter seeks to identify some of the causes of those problems. First, the nature of the texts with which the Court of Justice deals—’Union legislation’, orders for references from national courts and submissions to the Court—is examined. Problems here include the multi-lingual and multi-cultural backgrounds of those involved in the process, vagueness in legislative drafting and lack of clarity in references and submissions placed before the Court. Secondly, the Court’s own judgments and the opinions of its Advocates General are considered. Problems here include the factors governing the drafting of a single consensus judgment and the fact that it is not always easy to strike the correct balance between speed and quality. Lastly, a number of suggestions for change are offered. The obstacles are not insuperable and improvements can be made.

Transparency and Clear Legal Language in the European Union: Ambiguous Legislative Texts, Laconic Pronouncements and the Credibility of the Judicial System

2010 ◽  
Vol 12 ◽  
pp. 409-423 ◽  
Author(s):  
Eleanor Sharpston
Keyword(s):  
European Union ◽  
Legal System ◽  
Judicial System ◽  
The European Union ◽  
Legal Language ◽  
Cultural Backgrounds ◽  
National Courts ◽  
Court Of Justice

AbstractThe legal system of the European Union generates particular problems of opacity and lack of clarity. This chapter seeks to identify some of the causes of those problems. First, the nature of the texts with which the Court of Justice deals—’Union legislation’, orders for references from national courts and submissions to the Court—is examined. Problems here include the multi-lingual and multi-cultural backgrounds of those involved in the process, vagueness in legislative drafting and lack of clarity in references and submissions placed before the Court. Secondly, the Court’s own judgments and the opinions of its Advocates General are considered. Problems here include the factors governing the drafting of a single consensus judgment and the fact that it is not always easy to strike the correct balance between speed and quality. Lastly, a number of suggestions for change are offered. The obstacles are not insuperable and improvements can be made.

Judicial Legitimacy in the European Union

2020 ◽  
pp. 125-154
Author(s):  
Jan Komárek
Keyword(s):  
European Union ◽  
Political System ◽  
Dual Role ◽  
Judicial System ◽  
The European Union ◽  
Legal Tradition ◽  
Judicial Interpretation ◽  
Fourth Section ◽  
The Third ◽  
The Eu

The chapter begins with some reflections on the concept of legitimacy, as it is used in the debates on the EU and its judicial system, particularly the ECJ. In the following section, it seeks to present a framework for studying the ECJ’s legitimacy, which does justice to its dual role: to decide particular cases and at the same time to fulfil much wider functions in the EU political system. The third section then focuses on the perennial problem of judicial legitimacy in the Western legal tradition: how to legitimize creative moments of judicial interpretation of law, which are at the same time unavoidable and deeply problematic for what is sometimes called the liberal doctrine of politics. The fourth section looks in some detail at the recent turn to semantic pragmatism and its relationship to the democratic theory and discusses some of its shortcomings.

scholarly journals The Place of the European Union Civil Service Tribunal in the European Union Judicial System

Jurisprudence ◽  
2014 ◽  
Vol 21 (4) ◽  
pp. 1028 ◽  
Author(s):  
Natalija Točickienė ◽  
Inga Jablonskaitė-Martinaitienė
Keyword(s):  
European Union ◽  
Civil Service ◽  
Judicial System ◽  
The European Union ◽  
Civil Service Tribunal

Requests for preliminary rulings

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
European Union ◽  
National Court ◽  
Judicial System ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Correct Application

As a court common to the Contracting Member States and as part of their judicial system, the Court shall cooperate with the Court of Justice of the European Union to ensure the correct application and uniform interpretation of Union law, as any national court, in accordance with Article 267 TFEU in particular. Decisions of the Court of Justice of the European Union shall be binding on the Court.

Sources of law

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
European Union ◽  
International Law ◽  
Judicial System ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
International Court ◽  
Judicial Systems

Union law is mentioned in the first position in lit a of para 1. When is the UPC required to apply Union law? The UPC was established by the UPCA which is a piece of international law and is not part of Union law. That makes the UPC an international court. However, the Member States established it—at the level of international law—as a court common to them which, pursuant to Arts 1(2) and 21 UPCA, is part of their respective national judicial systems. As part of the judicial system (Art 21 UPCA) of the CMSs—by an order under international law—and by reason of an express provision in Art 20 UPCA, the Court fulfils the obligation of the CMSs to apply Union law. Since the Court is a ‘court common to a number of Member States’, ‘it is situated within the judicial system of the European Union’, which is why ‘its decisions’ are subject to ‘mechanisms capable of ensuring the full effectiveness of Union law’. This wording—used in Opinion C-1/09 of the Court of Justice with reference to the Benelux Court of Justice—is also appropriate with reference to the UPC. Although it is integrated into the judicial systems of the Member States in a different way compared with the Benelux Court of Justice, it is a ‘court common to the Member States’, and it is only based on that connecting factor that the Benelux Court of Justice is ‘situated within the judicial system of the European Union’. The ‘mechanisms capable’ are expressly confirmed in Arts 21–23 UPCA.

INTEGRATION AND NATIONAL JUSTICE IN THE EURASIAN ECONOMIC UNION

2017 ◽  
pp. 0-0
Author(s):  
Александр Федорцов ◽  
Aleksandr Fedortsov
Keyword(s):  
European Union ◽  
Recent Time ◽  
Judicial System ◽  
The European Union ◽  
International Courts ◽  
National Courts ◽  
Eurasian Economic Union ◽  
Economic Union

Integration processes in Eurasia in recent time are developing rapidly, cooperation between countries is becoming more closer, including in the framework of the Eurasian Economic Union. In the article the author discloses the various aspects of the activities of the Court of the Eurasian Economic Union. Due to the fact that the Eurasian Economic Union (EEU) is only two years old, and a practice of it is not very extensive. And in this context the author draws the analogy with various international courts, including the Court of the European Union, the issues of the functioning — can the existing expertise be applied in the Eurasian Economic Union or not? The author makes a conclusion that currently there is a duality of dimensions of justice in the national courts and international judicial organ in the frame of the judicial system of the EEU, and such duality must be overcome to implement the Union’s common justice.

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