scholarly journals The current role of the Court of Justice of the EU in the legal institutional system of the European Uniuon

2021 ◽  
Author(s):  
Maxim Toncoglaz ◽  
Keyword(s):  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Current Role ◽  
Court Of Justice ◽  
General Principles Of Law ◽  
Dynamic Integration ◽  
Institutional System ◽  
The Eu

In this article, we will discuss the role of the ECJ in the EU legal order. The concept of general principles of law is of great importance today for deepening the process of European integration, the formation and development of EU law as a whole. An important role in its development and consolidation lies with the EU Court of Justice. Its consistent practice has led to the formation of the very concept of EU law and the recognition of its general principles. The Court of Justice of the European Union not only models the concept, but also ensures that the general principles of law are respected by all the institutions of the European Communities and the Member States, which in turn contributes to strengthening the legitimacy of the Communities and of the Union and their legal system and, on the other hand, contributes to a more dynamic integration.

From Washington with Love—Investor–State Arbitration and the Jurisdictional Monopoly of the Court of Justice of the European Union

2010 ◽  
Vol 12 ◽  
pp. 425-453
Author(s):  
Philip Strik
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Case Law ◽  
Legal Order ◽  
Forum Shopping ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
International Dispute ◽  
The Eu

AbstractWhile investor–State arbitration is to a large extent detached from the EU legal order, EU law has recently started to be invoked in investor-State arbitration proceedings. In the context of intra-EU bilateral investment treaties, the Commission has expressed the view that investor-State arbitration gives rise to a number of ‘arbitration risks’ for the EU legal order. Not only can it solicit investors to engage in forum-shopping, but it can also result in questions of EU law not being litigated in Member State or Union courts. This chapter explores the extent to which the compatibility of investor–State arbitration with the EU legal order is in issue. It examines the main features of investor-State arbitration as concerns its interplay with the EU legal order, as well as the Court of Justice’s case law on issues of compatibility between systems of international dispute settlement and the EU legal order. The chapter highlights that the way in which investor–State arbitral tribunals handle issues of EU law, as well as the involvement of interested parties, may foster the synergy between investor–State arbitration and the EU legal order.

2. The Foundations of European Union Intellectual Property Law

2019 ◽  
pp. 36-66
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
European Union ◽  
European Central Bank ◽  
Legal Order ◽  
Property Law ◽  
The European Union ◽  
European Central ◽  
Court Of Justice ◽  
Union Section ◽  
The Eu

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.

From Washington with Love—Investor–State Arbitration and the Jurisdictional Monopoly of the Court of Justice of the European Union

2010 ◽  
Vol 12 ◽  
pp. 425-453
Author(s):  
Philip Strik
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Case Law ◽  
Legal Order ◽  
Forum Shopping ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
International Dispute ◽  
The Eu

Abstract While investor–State arbitration is to a large extent detached from the EU legal order, EU law has recently started to be invoked in investor-State arbitration proceedings. In the context of intra-EU bilateral investment treaties, the Commission has expressed the view that investor-State arbitration gives rise to a number of ‘arbitration risks’ for the EU legal order. Not only can it solicit investors to engage in forum-shopping, but it can also result in questions of EU law not being litigated in Member State or Union courts. This chapter explores the extent to which the compatibility of investor–State arbitration with the EU legal order is in issue. It examines the main features of investor-State arbitration as concerns its interplay with the EU legal order, as well as the Court of Justice’s case law on issues of compatibility between systems of international dispute settlement and the EU legal order. The chapter highlights that the way in which investor–State arbitral tribunals handle issues of EU law, as well as the involvement of interested parties, may foster the synergy between investor–State arbitration and the EU legal order.

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 Court of Justice of the European Union: historiography of European sources published in the period 1957-1992

2021 ◽  
pp. 292-299
Author(s):  
I. V. Kaminska
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Order ◽  
Judicial Activism ◽  
Eu Law ◽  
The European Union ◽  
Scientific Publications ◽  
Court Of Justice ◽  
Scientific Papers ◽  
The Eu

Before proceeding to the analysis and characterization of foreign publications, all the sources we found were systematized according to the time criterion, according to which all the publications found, which in one way or another examined the Court of Justice, we divided into three periods, namely: I period (1957–1992); II period (1992–2007); III period (2007-present). The division was based on the periodization of the development of European integration, or rather its main stages. And the period – the creation and functioning of the European Communities (from the Treaties of Rome to the signing of the Maastricht Treaty); II period – the formation of the European Union (signing of the Maastricht, Amsterdam, Nice treaties); Period III – the functioning of the European Union in its modern form (after the signing of the Lisbon Treaty and until now). Thanks to this systematization, we were able to demonstrate what topics were relevant among scholars in a particular period of development of integration and functioning of the Court of Justice. The main presentation of the material is devoted to the results of the analysis of foreign scientific publications concerning the principles of organization and functioning of the Court of Justice published in the period 1957–1992. We found that most scientific papers were published by scientists from Great Britain, Italy, Belgium, Luxembourg, Germany, France which account for a significant share of the work of judges and Advocates-General of the Court of Justice. All foreign sources published in this period were analyzed by us on the subject of research and grouped by subject. Thus, we found that in the period 1957–1992.current research topics on the Court of Justice of the EU were: protection of individuals in the EU law and order; methods of interpretation in the decision of the Court of Justice of the EU; judicial control in the EU; the legal nature of the interaction between national judicial institutions and the Court of Justice and their impact on the uniform application of the Community legal order and its organic combination with the national legal order; judicial activism; principles of EU law; the role of EU judges in the development of European integration. Keywords: EU Court, judicial activism, EU legal order, principles of EU law, EU court decision.

Enforcement Actions

2018 ◽  
Author(s):  
Luca Prete
Keyword(s):  
European Union ◽  
International Law ◽  
Dispute Resolution ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Public International Law ◽  
Court Of Justice ◽  
Legal Procedures ◽  
The Eu

The enforcement of EU law on non-compliant national authorities has, at its heart, infringement proceedings brought pursuant to Articles 258 to 260 TFEU. That focus is embedded in the scheme of the EU Treaties. In that regard, infringement proceedings are a particular feature of the EU legal order. As the Court of Justice stated in one of its first cases, ‘it is a procedure far exceeding the rules heretofore recognized in classical international law, to ensure that obligations of States are fulfilled’. Indeed, under the rules of public international law, there is no obligation to settle disputes or to establish formal and legal procedures for dispute resolution, which, where they exist, always depend on the consent of the parties concerned. By contrast, the jurisdiction of the Court in cases of EU law infringements by Member States is compulsory and constitutes a corollary to membership in the European Union.

scholarly journals Exploring the Autonomy of the European Union Legal Order

2021 ◽  
Vol 81 (1) ◽  
pp. 47-88
Author(s):  
Koen Lenaerts ◽  
José A. Gutiérrez-Fons ◽  
Stanislas Adam
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The One ◽  
The Right ◽  
Building Walls ◽  
The Eu

Two different dynamics govern the autonomy of the European Union (EU) legal order. On the one hand, autonomy seeks to define what EU law is not, i.e. it is not ordinary international law. Positively, on the other, autonomy seeks to define what EU law is, i.e. a legal order that has the capacity to operate as a self-referential system of norms that is both coherent and complete. Yet the concept of autonomy of the EU legal order in no way conveys the message that the EU and its law are euro-centric and that the Court of Justice of the European Union (the ‘Court of Justice’) seeks to insulate EU law from external influences by building walls that prevent the migration of legal ideas. Autonomy rather enables the Court of Justice to strike the right balance between the need to preserve the values on which the EU is founded and openness to other legal orders. The autonomy of the EU legal order is thus part of the very DNA of that legal order as it allows the EU to find its own constitutional space whilst interacting in a cooperative way with its Member States and the wider world.

Institutional organisation of the European Union in the time of crisis – horizontal division of power and functions

2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
European Council ◽  
Executive Power ◽  
The European Union ◽  
Checks And Balances ◽  
Court Of Justice ◽  
Strong Position ◽  
Institutional System ◽  
The Eu

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

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