Trusting Judges to Deliver Changes: Italy, the EU and Labour Law

2007 ◽  
Vol 9 ◽  
pp. 441-464
Author(s):  
Silvana Sciarra
Keyword(s):  
European Integration ◽  
Legal System ◽  
Labour Law ◽  
Judicial Intervention ◽  
National Legal System ◽  
Open Dialogue ◽  
Active Promoter ◽  
The Eu

The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty.The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.

Trusting Judges to Deliver Changes: Italy, the EU and Labour Law

2007 ◽  
Vol 9 ◽  
pp. 441-464
Author(s):  
Silvana Sciarra
Keyword(s):  
European Integration ◽  
Legal System ◽  
Labour Law ◽  
Judicial Intervention ◽  
National Legal System ◽  
Open Dialogue ◽  
Active Promoter ◽  
The Eu

The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty. The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.

The Kelsenian Model of Constitutional Review in Times of European Integration – Reconsidering the Basic Features

2019 ◽  
Vol 19 (1) ◽  
pp. 7-37
Author(s):  
Aleksandra Kustra-Rogatka
Keyword(s):  
European Integration ◽  
Legal System ◽  
Constitutional Court ◽  
Centralized Control ◽  
Constitutional Treaty ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Legal Norms ◽  
Basic Features ◽  
The Eu

Summary The paper deals with the changes in the centralized (Kelsenian) model of constitutional review resulting from a state’s membership of the EU, which unequivocally demonstrates the decomposition of the classic paradigm of constitutional judiciary. The main point raised in the paper is that European integration has fundamentally influenced on the four above-mentioned basic elements of the Kelsenian model of constitutional review of legislation, which are the following: the assumption of the hierarchical construction of a legal system; the assumption of the supreme legal force of the constitution as the primary normative act of a given system; a centralised model of reviewing hierarchical conformity of legal norms; coherence of the system guaranteed by a constitutional court’s power to declare defectiveness of a norm and the latter’s derogation. All its fundamental elements have evolved, i.e. the hierarchy of the legal system, the overriding power of the constitution, centralized control of constitutionality, and the erga omnes effect of the ruling on the hierarchical non-conformity of the norms. It should be noted that over the last decade the dynamics of these changes have definitely gained momentum. This has been influenced by several factors, including the “great accession” of 2004, the pursuit of formal constitutionalization of the EU through the Constitutional Treaty, the compromise solutions adopted in the Treaty of Lisbon, the entry into force of the Charter, and the prospect of EU accession to the ECHR. The CJEU has used these factors to deepen the tendencies towards decentralization of constitutional control, by atomising national judicial systems and relativizing the effects of constitutional court rulings within national legal systems. The end result is the observed phenomenon, if not of marginalisation, then at least of a systemic shift in the position of constitutional courts, which have lost their uniqueness and have become “only ones of many” national courts.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

scholarly journals Personal values and trust of Europeans in national and EU institutions

2014 ◽  
Vol 7 (2) ◽  
Author(s):  
Marjetica Primožič ◽  
Cene Bavec
Keyword(s):  
Legal System ◽  
Personal Values ◽  
The Other ◽  
National Institutions ◽  
Trust In Institutions ◽  
National Legal System ◽  
New Eu Members ◽  
Citizens Attitudes ◽  
Very High ◽  
The Eu

The paper elaborates influence of the personal values of Europeans on their trust in national and EU institutions. We confirmed the hypothesis that personal values have no effect on this trust with an exception of citizens’ attitudes towards democracy and tolerance. In the countries where democracy is a strong personal value citizens also demonstrate high trust in national institutions, on the other side in the countries where solidarity is high valued they demonstrate high trust in EU institutions. Furthermore, we confirmed that there are statistically significant differences in trust in institutions between citizens of the old and the new EU27 member states, as well as differences in countries with different types of legal systems. In majority of the new EU members citizens have higher trust in EU institutions, but lower trust in national institutions than the EU average. On the other side, the old EU members demonstrate higher trust in national institutions and much divided trust in EU institutions. We also indicated that characteristics of the national legal system influence citizens’ trust in national institutions, but they have no influence on trust in EU institutions. Countries with the Scandinavian national legal system demonstrate very high trust in national institutions, meanwhile trust in national institutions in post-socialistic countries is nearly three times lower.

scholarly journals Ways of implementation of the national concept of the integrated organization of police activity

2021 ◽  
pp. 146-165
Author(s):  
Khrystyna Solntseva
Keyword(s):  
Law Enforcement ◽  
European Integration ◽  
Legal System ◽  
Police Officers ◽  
The United States ◽  
Integrative Model ◽  
Public Confidence ◽  
Development Programs ◽  
Foreign Countries ◽  
National Legal System

The analysis of the current law enforcement system allows to state the existence of certain problems related to its construction and some aspects of activity. After the administrative reforms in Ukraine, the indicators of assessing the level of public confidence in the National Police gradually began to improve, but the practice of foreign countries shows better breakthroughs in the organization of policing. Therefore, the relevance of the article is explained by the need to introduce in the national legal system a new concept of policing, which would take into account the successful experience of foreign countries and course of our country for European integration. First of all, the article is devoted to the analysis of the existing models of law enforcement systems in the world in order to determine the most favorable and effective for national law. It was found that the integrative model of organization of police activities today demonstrates the most effective indicators in the work of foreign police, so it can be considered a guide for implementation in Ukraine. Based on this, the author proposes his own definition of the term "integrated policing". The author pays special attention to the successful experience of the Baltic States and the United States in policing, in particular in the field of training highly qualified police officers, police and community cooperation in partnership, and international cooperation in exchanging experience of specialized law enforcement services. For example, the national legal system should pay attention to such development programs as the creation of port police, increasing the duration of specialized training of police officers, involving citizens in patrols on a voluntary basis, increasing the competence of local police departments. Analyzing the relevant practice of foreign countries, the author pays attention to the peculiarities of the functioning of the national law enforcement system, as well as its own achievements. In conclusion, there are several possible ways to introduce into the legislation of Ukraine the main development programs and principles of functioning of the police of foreign countries in Europe and America. The main result of the work is the design of the concept of an integrated organization of policing and the expected results from its implementation - reaching a new level in the process of European integration.

7. Framework for enforcement

2020 ◽  
pp. 183-190
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Legal System ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Effective Protection ◽  
Court Of Justice ◽  
System P ◽  
National Legal System ◽  
The Eu

This chapter outlines the framework for enforcement of European Union (EU) law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), the CJ has played a key role in the enforcement of EU law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU law can also be raised in the national legal system.

scholarly journals ASPECTS OF MUTUAL INFLUENCE OF EXTENSION PROCESSES OF THE EUROPEAN UNION LEGAL SPACE AND THE REFORMING OF THE LEGAL SYSTEM OF UKRAINE

2019 ◽  
Keyword(s):  
European Union ◽  
Legal System ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Eu Law ◽  
The European Union ◽  
Space Extension ◽  
National Legal System ◽  
Legal Space ◽  
The Eu

The article defines the main aspects of mutual influence of the legal system of Ukraine reforming processes and the extension of the legal space of the European Union (EU) from the general theoretical viewpoint. The article defines the category «legal space» as an acknowledged and regulated by law life sphere of people, organizations, states and international institutions in order to achieve the agreed and common goals. The main features of the legal space as a phenomenon of legal reality are outlined: multilevel legal regulation with the application of national and international legal acts, unification of law enforcement rules, mandatory agreement on a consensual basis of actors operating within the legal space. The factors of the EU legal space extension are emphasized. It is noted that the reforming of the legal system of Ukraine and the EU legal space extension are interconnected and complementary processes. At the core of such a relationship lies the political will of Ukraine to recognize and legitimize the norms and principles of EU law on the one hand and the desire of the EU to expand the geographical and spatial boundaries of political, legal and economic influence on the other. Based on the analysis of provisions of the bilateral cooperation acts of Ukraine and the EU, as well as using the achievements of national scientists who studied the impact of EU law on the national legal system, four main aspects of the mutual influence of transformation processes of the national legal system and the scope of the extension of the regulatory capacity of the European Union law are highlighted. In particular, it is the creation of a legal basis for the development integrated ties between Ukraine and the EU, recognition of the universal values ​​of the EU in Ukraine, and the involvement of Ukraine in European politics. It is pointed to the issue of Ukraine's full participation in the realization of common policies with the EU. It is emphasized, that the main result of active interaction between the national legal system and the EU legal space is the change of methodological approaches to the analysis of the correlation of political borders of the European Union and factual territorial scope of the European legal space, especially legal borders. That is why the modern scientific community faces a new perspective task - to ground the patterns of formation of the optimal model of Ukraine's borrowing of positive legal practices from the EU legal space, provided that the national identity is preserved in the conditions of the national legal system reforming.

Free Movement of Services versus National Labour Law and Industrial Relations Systems: Understanding the Laval Case from a Swedish and Nordic Perspective

2008 ◽  
Vol 10 ◽  
pp. 493-523 ◽  
Author(s):  
Mia Rönnmar
Keyword(s):  
European Integration ◽  
Industrial Relations ◽  
Eu Enlargement ◽  
European Court Of Justice ◽  
Free Movement ◽  
Labour Law ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Persons ◽  
The Eu

European integration, the internal market and free movement of persons and services are important aspects of EC labour law and EU industrial relations. As a result of EU enlargement and the emphasis on free movement within the EU, the problems of posting of workers, low-wage competition and social dumping are high on the agenda. This is illustrated by the epochal and much-debated Laval and Viking cases from the European Court of Justice (ECJ).

Legal policy of Ukraine in the conditions of integration into the European Union

2021 ◽  
pp. 74-82
Author(s):  
Marina Haustova
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal System ◽  
Main Body ◽  
The European Union ◽  
Legal Doctrine ◽  
Association Agreement ◽  
Legal Policy ◽  
The Status ◽  
The Eu

Problem setting. The article analyzes that in the XXI century. the category of “legal policy” is being actively formed, which reflects a multifaceted reality: ways of legal development of society, modernization of the country’s legal system, processes of law optimization. It is emphasized that this category and its priorities and goals began to be developed in a new format after the independence of Ukraine and the gradual definition of the main vector of its development – integration into the European community. The idea of European integration is a conscious and natural strategic choice of Ukrainian society, confirmed by many trials. In this situation, the state leadership must continue to shape its own legal policy as an important component of public policy, a means of consolidating and ensuring the political course of the country, sanctioned by the will of the people, reflected in the activities of government. Analysis of recent researches and publications. Theoretical developments of the principles of legal policy were initiated in the scientific works of domestic and foreign lawyers of the late 19th – early 20th century: B. Kistyakovsky, M. Korkunov, S. Muromtsev, L. Petrazhitsky, G. Shershenevich etc., who considered this policy as an applied science designed to promote the development of better law. Among the scientific areas of legal science of the XXI century. The problem of legal policy occupies one of the leading places, which is justified, as with the help of legal policy many different problems are solved. This phenomenon was actively analyzed by such researchers as V. A. Rudkovsky and A.P. Korobova, I. O. Kresina, A. V. Malko, I. V. Yakovyuk and others. Target of research. The purpose of the article is a comprehensive study of the concept of legal policy and analysis of the content and terminology. Article’s main body. The article analyzes the concept of modern legal policy of Ukraine, its priority goals and objectives in the context of the adopted Association Agreement and, accordingly, the commitments accepted. Relevant Strategies, state bodies, scientific institutions have been identified, which are obliged to carry out a certain amount of actions for the further integration of Ukraine into the European Union within the limits of their powers. The ways of further improvement and modernization of the Ukrainian legal system are analyzed. Conclusions and prospects for the development. The strategy of Ukraine’s integration into the EU should ensure the country’s entry into the European political, legal, economic, informational, and security space. On this basis, obtaining the status of full membership in the EU in the medium term should become the main foreign policy priority of the strategy of formation and implementation of legal policy of Ukraine in today’s challenges, which will be the subject of further research. Practically determined task of the national legal doctrine is to develop scientific proposals for further development of the legislative framework of Ukraine’s European integration and modernization of the national legal system in accordance with progressive requirements and EU standards, while preserving the national identity of the domestic legal system.

scholarly journals Dissecting liabilities in adversarial surgical robot failures: A national (Danish) and European law perspective

2020 ◽  
Author(s):  
Kaspar Rosager Ludvigsen ◽  
Shishir Nagaraja
Keyword(s):  
Legal System ◽  
Industrial Robots ◽  
Surgical Robot ◽  
The European Union ◽  
Surgical Robots ◽  
Legal Remedies ◽  
National Legal System ◽  
The Eu ◽  
Medical Device Regulation

Being connected to a network exposes surgical robots to cyberattacks, which can damage the patient or the operator. These injuries are normally caused by safety failures, such as accidents with industrial robots, but cyberattacks are caused by security failures instead. Surgical robots are increasingly sold and used in the European Union, so we decide to uncover whether this change has been considered by EU law, and which legal remedies and actions a patient or manufacturer would have in a single national legal system in the union. We first conduct a case study, where we analyse which legal remedies a patient can make use of, if they are injured by a surgical robot caused by a cyberattack in the national legal system. We also explore whether cybersecurity and cyberattacks are considered by the upcoming Medical Device Regulation of the EU. We show that the selected national legal system is adequate. This is because of its flexibility and in a certain approach even to ignore the distinction between safety and security to the benefit of the patient, and in one situation to remove liability from the manufacturer by erasing its status as party. Otherwise, unless the operator or other parties have made the cyberattack more likely to occur, the manufacturer is liable. We find that the regulation does not directly consider security defects, requiring interpretation and use of guidance to show it. Due to the risk cyberattacks pose on medical equipment, we find this to not be adequate. We further find that the regulators of medical devices, including surgical robots, will not necessarily have adequate staff or rules of enforcement, as this has been left to the member states to solve. But, we also find, due to the comprehensive number of rules that can be applied cumulatively, together with the possibility for further rules and compliance later on, that these issues could be solved in the future.

Sign in / Sign up

Export Citation Format

Share Document