scholarly journals The Concept of Autonomy of EU Law from the Comparative Perspective of International Law and the Legal Systems of Member States

2015 ◽  
Vol 3 (1) ◽  
pp. 433-459 ◽  
Author(s):  
Tamás Molnár
Keyword(s):  
International Law ◽  
Comparative Perspective ◽  
Eu Law ◽  
Legal Systems ◽  
Member States

scholarly journals Brexit and Acquired Rights

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 440-444 ◽  
Author(s):  
Michael Waibel
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Public International Law ◽  
The United Kingdom ◽  
Article 50

On March 29, 2017, the U.K. Government triggered Article 50 of the Treaty on European Union (TEU) on withdrawal from the European Union following a referendum on June 23, 2016 in which 51.89 percent voted for the United Kingdom to leave the European Union. As a hybrid provision, the much-discussed withdrawal provision in Article 50 TEU is part of EU law yet also anchored in public international law. Although the European Union is a unique, supranational organization that creates rights for individuals that are directly effective in national law, its member states created the European Union based on traditional treaties under international law.

Weak Members and the Enforcement of EU Law

2017 ◽  
Author(s):  
Michael Ioannidis
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Weak States ◽  
Eu Law ◽  
Eurozone Crisis ◽  
Member States ◽  
The Rich ◽  
The Eu

This chapter focuses on cases where the presumption that all Member States are effective in enforcing their law does not hold: when Member States show structural, persistent, and cross-sector ineffectiveness in enforcing their law. Borrowing from literature on international law as well as insights from the rich research on EU compliance, this chapter develops three main points. The first is that, on some occasions, the EU might face a similar challenge with that of international law when dealing with weak states. To describe such cases of structural ineffectiveness, this chapter develops the concept of ‘weak member’. The second point is that these problems can be captured through the lens of EU constitutional law, and more specifically as Rule of Law problems. The last point is to present some of the measures taken during the Eurozone crisis to respond to this type of problem with regard to Greece.

The Competences of the Union

2018 ◽  
Author(s):  
Theodore Konstadinides
Keyword(s):  
Fundamental Rights ◽  
Active Part ◽  
Eu Law ◽  
Legal Systems ◽  
Member States ◽  
Rights Protection ◽  
Salient Features ◽  
The Impact ◽  
Vertical Level ◽  
The Eu

The object of this chapter is to examine the way in which competences are designed and delineated in EU law at the vertical level between the EU and the Member States and discuss their salient features. Over the years, EU competences have expanded, although not as meteorically as one may think. To alleviate concerns among Member States about the impact of EU competence enlargement upon national legal systems, a number of principles were designed to limit the powers of the EU. Having said that, there is hardly today an area of regulation in which the EU does not play an active part—from trade and energy to sport and fundamental rights protection.

4. Principle of supremacy of EU law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
International Law ◽  
Case Law ◽  
Eu Law ◽  
Member States ◽  
National Courts ◽  
Domestic Law

This chapter examines the Court of Justice's (CJ) case law on the supremacy of European Union (EU) law over national laws of Member States, analyses the question of priorities between directly effective EU law and domestic law, and also looks at this problem from the perspective of the national courts. It argues that the CJ's introduction of the notion of supremacy was instrumental in providing a view of the Union as a body which went beyond what was normal for an international law organization. The chapter also describes how Member States developed their own constitutional rules as a response to EU law.

The Constitutional Price for International Unilateralism in the European Banking Union

2019 ◽  
Vol 38 ◽  
pp. 320-360
Author(s):  
Adrian Dumitrescu-Pasecinic
Keyword(s):  
International Law ◽  
Legal Order ◽  
Institutional Framework ◽  
Voluntary Action ◽  
Banking Union ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
European Banking Union ◽  
The Eu

Abstract In order to enter the Banking Union, non-euro EU Member States must ‘step outside’ the EU legal order and the Union’s institutional framework, and resort to unilateral instruments of public international law. If the intergovernmental method has advanced the alternative project of integration based on voluntary policy, international unilateralism is seen as a similar integration technique based on the voluntary action of non-euro Member States, ie a tool for deeper integration that appears as a variation of intergovernmentalism. This article focuses on the constitutional deficiencies caused by the choice of unilateral instruments in the institutional set-up of a close cooperation arrangement in the Single Supervisory Mechanism. At first sight, leaving the EU legal order and entering the world of international law opens entirely new perspectives for the participating Member States. The possible attraction is escaping the constraining institutional framework of EU law. However, the international law route poses significant constitutional challenges vis-à-vis compatibility with the EU law.

STATE LIABILITY FOR JUDICIAL DECISIONS IN EUROPEAN UNION AND INTERNATIONAL LAW

2012 ◽  
Vol 61 (3) ◽  
pp. 585-611
Author(s):  
Arwel Davies
Keyword(s):  
European Union ◽  
International Law ◽  
The State ◽  
Eu Law ◽  
Legal Systems ◽  
European Union Law ◽  
Judicial Decisions ◽  
Significant Divergence ◽  
State Liability

AbstractAs a consequence of the state unity theory, the conduct of all state organs is attributed to the state in an undifferentiated manner. It follows that, in both international and European Union law, state liability can be based on the substance of judicial decisions despite the independence of the judicial branch. However, beyond the matter of attribution, there is a significant divergence between the two legal systems. In international law, the judicial origin of challenged decisions does not influence the application of liability criteria, whereas, in EU law, the liability criteria can be applied to judicial decisions in a tightened manner. This article has the twofold aim of establishing and explaining this difference.

scholarly journals A Matter of (A)Political Interpretation

2020 ◽  
Vol 3 (1) ◽  
pp. 87-106
Author(s):  
Davor Petrić
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Eu Law ◽  
Member States ◽  
Legal Scholarship ◽  
The Rule Of Law ◽  
Border Dispute ◽  
The Status ◽  
Political Interpretation ◽  
The Eu

This contribution reflects on the EU law side of the story of Slovenia and Croatia’s border dispute. It discusses some of the key parts of the Advocate General’s opinion and the Court of Justice’s judgment in this case, including the issue of the scope of EU law, the status of international law in EU law, the interpretation of international law for the purposes of EU law adjudication, and the rule of law dimensions of the border dispute between the two neighbouring Member States. It also offers some general remarks on the nature of legal scholarship that can be read as a response to some of the academic commentary of this case.

scholarly journals The legal nature of soft law acts of the Council of Europe

2021 ◽  
pp. 397-402
Author(s):  
H.Yu. Yamelska
Keyword(s):  
International Law ◽  
Research Area ◽  
Soft Law ◽  
Legal Systems ◽  
Council Of Europe ◽  
Member States ◽  
Legal Ideology ◽  
Venice Commission ◽  
Definition Of ◽  
The Impact

The article examines the effectiveness of soft law as a regulator of legal relations between the member states of the Council of Europe. Existing approaches to the definition of soft law are analyzed.Author proposes to separate from the traditional conception of international law as a system of universally binding norms developed by states, taking into account postmodern trends in the transformation of national legal systems. Soft law is recognized as a real form of modern international law that has legal consequences. The article appoints the sources that make up the soft law within the legal system of the Council of Europe.The influence of soft law acts of the Council of Europe bodies on the legislation of Ukraine is investigated. Pros-pects for the development of soft law in the research area are determined.The role of “soft law” acts is presented on the example of the acts of the Venice Commission (European Com-mission for Strengthening Democracy through Law) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which are specialized agencies of the Council of Europe.Examples of the impact of soft law acts of the Council of Europe on the national legal systems of the partici-pating countries are analyzed. Their axiological influence on the democratization of national legal systems and the formation of human-centered legal ideology in Europe has been determined. The article determines the orientation of the parliaments and governments of the member states of the Council of Europe on the acts of soft law of its bodies in the legislation. The place of soft law acts of the bodies of the Council of Europe in the system of sources of international and national law is considered through the prism of the sociological school of law.

Conclusion

2021 ◽  
pp. 208-210
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
International Organization ◽  
Legal Systems ◽  
Member States ◽  
Legal Nature ◽  
International Responsibility ◽  
The Law

This chapter summarizes the main findings of the book. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of ‘dual legal nature’ describes how organizations create particular legal systems that derive from international law. This peculiar condition affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are discussed by analysing international responsibility, the law of treaties, and the validity of organizations’ acts. This conceptualization allows the development of a common legal framework applicable to all international organizations, despite their differences in terms of powers, membership, size, and other descriptive features. In particular, the most valuable consequence of this conceptualization is to rebut a frequent argumentative motif, under which organizations are either perceived as vehicles for member states’ interests or as autonomous entities.

Informalism

2021 ◽  
pp. 49-63
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
Member State ◽  
International Law ◽  
International Organizations ◽  
Civil Service ◽  
Administrative Law ◽  
Legal Systems ◽  
Member States ◽  
Internal Relation ◽  
The Law

Informalism comprises the theories that frame the law produced by international organizations in shades of normativity: member states and international organizations are integrated in heterarchical relationships primarily governed by politics; the law created by international organizations belongs to hybrid legal systems; the institutional veil is characterized by degrees of transparency depending on the internal relation of power; the conduct of a member state acting in the institutional forum is alternatively relevant or not relevant as a matter of international law, depending on the internal relation of power. This chapter describes the historical roots of this conceptualization and elaborates why under this perspective the rules of the organizations are considered as a matter of degrees of legality. Afterwards, it describes the flaws of this theory focusing on the law of the international civil service and on global administrative law.

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