Judicial Review in EC and EU Law—Some Architectural Malfunctions and Design Improvements?

2001 ◽  
Vol 4 ◽  
pp. 167-189 ◽  
Author(s):  
Laurence W. Gormley
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law

From the point of view of an individual, rights conferred by a legal system are only effective and substantive if there are effective remedies available if those rights are infringed. In some instances, those remedies may be pre-emptive; but in most instances, they seek to deal with infringements of rights, or damage to interests, which have taken place.

Judicial Review in EC and EU Law—Some Architectural Malfunctions and Design Improvements?

2001 ◽  
Vol 4 ◽  
pp. 167-189
Author(s):  
Laurence W. Gormley
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law

From the point of view of an individual, rights conferred by a legal system are only effective and substantive if there are effective remedies available if those rights are infringed. In some instances, those remedies may be pre-emptive; but in most instances, they seek to deal with infringements of rights, or damage to interests, which have taken place.

From a pragmatic point of view there is a need to accept this confusion, and seek to derive the meaning of the phrase from its context. Some legal academics advise forgetting the issue, which is like running away, and does create further confusion. The courts use the phrase synonymously. The EC Treaty, however, remains silent about individual rights in national courts and only uses the term ‘direct applicability’ to refer to the process by which EC law is immediately and automatically part of the legal system of Member States as soon as it is created in the EC. For the purposes of explaining some of the issues surrounding EC law, this text will assume the artificial distinction between direct applicability and direct effect. It will assume therefore that ‘directly applicable’ applies to the process of automatic assimilation into the legal systems of Member States and that ‘direct effect’ refers to individuals deriving rights from Community law enforceable in national courts. Remember, however, that the terms tend to be conflated. These matters will now be set out as a series of tables and diagrams to assist you in the development of understanding.

2012 ◽  
pp. 158-159
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Point Of View ◽  
Individual Rights ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
Running Away ◽  
Ec Law ◽  
Direct Applicability

5. The Supremacy of EU Law

2019 ◽  
pp. 140-167
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
The Individual ◽  
The Uk ◽  
The Eu

This chapter examines the supremacy of EU law from both the point of view of the Union, as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

5. The Supremacy of EU Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
The Individual ◽  
The Uk ◽  
The Eu

This chapter examines the supremacy of EU law from both the point of view of the Union as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

scholarly journals Środowisko prawników wobec sytuacji Trybunału Konstytucyjnego. Badania socjologiczno-prawne

2019 ◽  
pp. 93-115
Author(s):  
Kamil Stępniak
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Point Of View ◽  
Fundamental Rights ◽  
Individual Rights ◽  
Legal Practice ◽  
Legal Study ◽  
The Future ◽  
Constitutional Tribunal

The recent legal changes pertaining to the institution of the Constitutional Tribunal arouse many controversies. This paper presents a sociological and legal study conducted to collect and examine the opinions regarding the above held by Polish lawyers who because of their profession and experience are in a position to confront directly the legal practice with the changing legal system that is directly responsible for the level of protection of individual rights and the exercise of individual fundamental rights. From the point of view of rationality and functionality of the operations of the Constitutional Tribunal an opinion formulated by jurists who due to their background have greater legal awareness seemed invaluable. After all it will be their opinion which will decide about the future of the judiciary in Poland. The results of the current transformations being implemented in constitutional judiciary as well as at the level of common courts have consequences for all the citizens. The aim of the questions asked in the survey was to fi nd how lawyers in Poland saw the situation with the Constitutional Tribunal today as well as what the though it its regime and functioning could be like in the future. Questions also concerned the current and actual legal status of the Tribunal and the lawyers’ reactions to the changes being implemented or about to me made, and if possible the possible ways of ending the current Constitutional Tribunal crisis.

5. The Supremacy of EU Law

2021 ◽  
pp. 141-165
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Rights Protection ◽  
Court Of Justice ◽  
The Individual

This chapter examines the supremacy of EU law from both the point of view of the Union, as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only in so far as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

«Razao e Liberdade. A Filosofia Politica de James Madison» Arguicao e Resposta

2011 ◽  
Vol 19 (37) ◽  
pp. 217-240
Author(s):  
Alessandra Silveira ◽  
José Gomes André ◽  
Keyword(s):  
Political Philosophy ◽  
Human Nature ◽  
Judicial Review ◽  
Point Of View ◽  
The Political ◽  
Alexander Hamilton ◽  
James Madison ◽  
The Relationship

This paper includes the exam of a Ph.D thesis about James Madison’s political philosophy, as well as the answers presented by the candidate to several criticai observations. Various themes are considered, though always surrounding Madison’s work: the peculiar characteristics of his federalism, the relationship between the idea of human nature and the elaboration of political models, the political and constitutional controversies that Madison entangled with several figures from its time (namely Alexander Hamilton), the problem of “judicial review” and the place of “constitutionality control” taken from a reflexive and institutional point of view, and other similar themes.

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