Ochrona praworządności w Unii Europejskiej – węzłowe problemy

2018 ◽  
Vol 1 (1) ◽  
pp. 183-193
Author(s):  
Iga Małobęcka ◽  
Magdalena Porzeżyńska
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal System ◽  
Judicial System ◽  
European Law ◽  
Max Planck ◽  
Protection Mechanism ◽  
The Rule Of Law ◽  
National Courts ◽  
Law Faculty

Reforms of the judicial system implemented in Poland in recent years and the rule of law proceedings initiated in their aftermath by the European Commission in January 2016 have contributed to the discussion within the framework of the international scholarly conference “Protecting European Union Values: Breaches of Article 2 TEU and its Consequences” organised by the Chair of European Law, Faculty of Law and Administration, in cooperation with the Max Planck Institute in Heidelberg. Basing on the speeches presented during the conference, in this article authors define the concept of the rule of law as one of the fundamental EU values, as well as analyse the existing violations of the rule of law in other Member States. An attempt was also made to assess the mechanisms protecting the rule of law, which result from the treaties (including Article 7 TEU and Article 258 TFEU), and propose supplementing them with a decentralised rule of law protection mechanism. Such mechanism should engage the whole EU legal system, including national courts, in protecting EU values, as assumed by the concept of “Rule of Law Argument” and the horizontal Solange test.

scholarly journals Constitutionalizing the act of justice in the European Union

2020 ◽  
pp. 47-63
Author(s):  
MARIETA SAFTA
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Public ◽  
Necessary Being ◽  
National Courts ◽  
Constructive Dialogue

This study addresses a component of the constitutionalization process at the Union level, namely the act of justice, considering its importance for the evolution of the constitutionalization process. The significance and importance of the constitutionalization of the act of justice are analyzed, as well as the premises and mechanisms of the constitutionalization of the act of justice in the European Union, with particular reference to the jurisprudence of the Romanian Constitutional Court. In this context, the control of constitutionality appears as a decisive modeling factor of the normative action of the legislator and even of the public policies. The constructive dialogue – if we refer to the two legal orders, national and supranational – is all the more necessary, being noticeable the key role played by national courts – and in particular constitutional courts – in defending the rule of law in the European Union, including through their collaboration with the CJEU in cases and through the instruments provided for in the Constitutions and the Treaties.

Infringement Procedure in the European Union. The importance of the preliminary procedure

2021 ◽  
Vol 65 (04) ◽  
pp. 144-146
Author(s):  
Sevil Əliheydər qızı Dəmirli ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Court Of Justice ◽  
European Law ◽  
The European Union ◽  
Important Place ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Court Of Justice ◽  
European Court

Judicial practice formed in the practice of the European Court of Justice belongs to the category of the main sources of law of European law. This practice was the source of law referred to by all Member States and their respective judicial authorities. The article discusses the important place of the preliminary proceedings in the case of violation of the contract by the Court. In practice, the proper conduct of preliminary proceedings shows that court time is used effectively in many disputes. This reflects the European Court's exceptional legal role in ensuring the rule of law and its direct force. The article can be used by university students, teachers, lawyers, researchers, European legal scholars and other practitioners Key words: contract violation, the preliminary proceedings, procedure, European Comission, European Court of Justice

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.

scholarly journals Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights

2018 ◽  
Vol 28 (4) ◽  
pp. 16-22
Author(s):  
M. Dei ◽  
A. Kochkova
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
Judicial System ◽  
International Standards ◽  
Labor Rights ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
The Status ◽  
Protection Of Human Rights

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

The Path to the Rule of Law—An Overall Review of Legal Reform, Crime and the Judicial System During the Transition Era in China

2019 ◽  
Vol 7 (1) ◽  
pp. 46-56
Author(s):  
Ziwei Qi
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Reform ◽  
Criminal Code ◽  
Judicial System ◽  
Social Forces ◽  
The Rule Of Law ◽  
Republic Of China ◽  
The Social ◽  
Political Forces

In order to understand crime and the legal system in the People’s Republic of China (P.R.C.), it is necessary to understand the components of a crime and the structure of the judicial system in the P.R.C. By examining the elements of crime from the written criminal code and by analysing the structure of the judicial system, we will find some procedural and substantive challenges to appeal, which might contradict the philosophy of unbiased judicial principles. The article also explores possible social and political forces that might affect the direction of legal reform in China. The author aims to provide the readers with a basic overview of the judicial system in China and the social forces behind the current legal reform towards the rule of law.

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.

scholarly journals The Values of the EU and their Protection in the European Law

2020 ◽  
Vol 100 (7) ◽  
pp. 37-45
Author(s):  
Stanislav Kuvaldin ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
European Institutions ◽  
History Of ◽  
National Governments ◽  
The Eu

Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.

scholarly journals The Values of the European Union and their Protection under European Law

2020 ◽  
pp. 27-37
Author(s):  
Stanislav Kuvaldin ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
History Of ◽  
National Governments ◽  
The Eu

Article 7 of the Treaty on the European Union provides for a mechanism for responding to violations by member states of the values of democracy, equality, the rule of law and respect for human rights proclaimed by the Union, as well as the introduction of sanctions against the violating state. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its use. The article analyzes the history of the appearance of Article 7 in European legislation and the first attempts of a pan-European influence on dubious decisions of the member states. Based on the example of Poland and Hungary in respect of which the possibility of applying sanctions under the Article 7 procedure is now being discussed, it is concluded that such an outcome is unlikely. It is shown that Article 7 was deliberately created in such a way as to limit the actions of pan-European structures, to leave decisions in the hands of national governments and to provide an opportunity to solve the problem through negotiations. It also shows the process of searching for alternative ways of influencing the violating states.

TAX PLANNING AND STATE AID UNDER THE EUROPEAN LAW

2021 ◽  
Vol 66 (05) ◽  
pp. 228-232
Author(s):  
Aygun Gunduz Guliyeva ◽  
Keyword(s):  
Key Words ◽  
Rule Of Law ◽  
Tax Avoidance ◽  
Tax Planning ◽  
State Aid ◽  
European Court Of Justice ◽  
European Law ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
European Court

There is a strong link between funding criteria from government sources and the advantage and selectivity associated with classifying an event as government assistance. However, the selectivity criterion is very important when considering whether there is a banned state aid. Finally, the European Court of Justice no longer applies the rule of law and exclusion to selectivity. Instead, the selectivity review consists of two parts: whether a precaution is selective and whether preference is necessary and proportionate. Key words: EU, tax, tax avoidance, state aid, tax planning, competition

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