scholarly journals El informe del Consejo de Estado de 15 de Diciembre de 2010 sobre garantías de cumplimiento del derecho de la Unión Europea

2011 ◽  
pp. 609
Author(s):  
José Ángel Camisón Yagüe
Keyword(s):  
The State ◽  
Eu Law ◽  
The Eu

This paper analyses the Consultative Council Inform of 15th December 2010 about the inobservance of the EU Law caused by a Comunidad Autonoma and its effects. The Consultative Council examines all the possible mechanisms that could be used by the State to prevent and to act in case of a violation of EU Law.Este trabajo analiza el Informe del Consejo de Estado de 15 de diciembre de 2010 relativo a los mecanismos de prevención, reacción y repercusión ante el incumplimiento de Derecho de la Unión Europea provocado por una Comunidad Autónoma.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

scholarly journals La jurisprudencia federalizante y humanizadora del Tribunal de Justicia : un cuento desde el país de las hadas = The federalizing and humanistic case law of the ECJ : a tale from fairyland

2013 ◽  
pp. 429
Author(s):  
Luis I. Gordillo Pérez ◽  
Giuseppe Martinico
Keyword(s):  
Constitutional Law ◽  
State Of The Art ◽  
50Th Anniversary ◽  
Case Law ◽  
The State ◽  
Constitutional Theory ◽  
Eu Law ◽  
The Eu

El objetivo de este artículo es ofrecer una reflexión sobre el estado del Derecho constitucional europeo en el año del quincuagésimo aniversario de Van Gend en Loos, la histórica decisión del Tribunal de Justicia (TJ) que ha puesto las bases para la constitucionalización del Derecho de la Unión Europea. Para ello, y tras profundizar en la teoría del constitucionalismo comunitario, se analiza el proceso de constitucionalización de la UE a través de la jurisprudencia del Tribunal de Luxemburgo desde dos puntos de vista: constitucionalización como «federalización» y constitucionalización como «humanización».This article reflects on the state of the art of the EU Constitutional Law on the 50th anniversary of Van Gend en Loos, the founding constitutional decision of the ECJ. After analyzing the fundamentals of EU constitutional theory, the authors move towards the constitutionalization process of the EU through the case law of the ECJ from a double perspective: constitutionalization as federalization and constitutionalization as «humanization of EU Law».

Towards an Ever Closer Union Between Residents and Citizens?

2015 ◽  
Vol 11 (01) ◽  
pp. 78-98 ◽  
Author(s):  
Michèle Finck
Keyword(s):  
European Integration ◽  
Voting Rights ◽  
The State ◽  
Eu Law ◽  
Member States ◽  
Traditional Concept ◽  
Eu Member States ◽  
Domestic Reform ◽  
The Eu

Alien suffrage in Luxembourg – The traditional concept of the electorate – Link between nationality and voting rights – From the national to the resident worker? – The decoupling of nationality and citizenship – The transformation of the state as a consequence of European integration – Comparison to other EU member states – Consequences for EU law of domestic reform – The intertwinement of constitutional spheres in the EU

scholarly journals Compatibility of the State Aid Recovery Order with the General Principles of EU Law

2017 ◽  
Vol 5 (1) ◽  
pp. 73
Author(s):  
Marek Rzotkiewicz
Keyword(s):  
Member State ◽  
General Principle ◽  
Case Law ◽  
State Aid ◽  
The State ◽  
Current Paper ◽  
Eu Law ◽  
Eu Legislation ◽  
Court Of Justice ◽  
The Eu

According to the Article 16.1 of Regulation 2015/1589 the Commission shall not require recovery of the aid if this would be contrary to a general principle of EU law. The potential existence of such a contradiction can be then of un utmost significance to a Member State and aid beneficiaries. However, notwithstanding its significance, the notion of a general principle of EU law has not been defined in the EU legislation, has been derived from the case law of the Court of Justice. The current paper strives to analyze different sorts of general principles of the EU law and their impact on the recovery obligation, especially as such an obligation differs between particular principles. Some of those principles have no significance at all on the existence of the recovery order, while others can, and sometimes even should, bar the Commission from ordering a Member State to recover an aid.

scholarly journals After the celebration: Marriage equality in EU Law post-Coman in eight questions and some further thoughts

2020 ◽  
Vol 27 (5) ◽  
pp. 549-572
Author(s):  
Dimitry Vladimirovich Kochenov ◽  
Uladzislau Belavusau
Keyword(s):  
Critical Analysis ◽  
The State ◽  
Marriage Equality ◽  
Eu Law ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Court Of Justice ◽  
Near Future ◽  
Opening Up ◽  
The Eu

This paper provides a detailed critical analysis of the case of Coman, where the Court of Justice clarified that the meaning of the term ‘spouse’ in Directive 2004/38 was gender-neutral, opening up the door for same-sex marriage recognition for immigration purposes all around the EU, thus destroying the heteronormative misinterpretations of the clear language of the Directive practised in a handful of Member States. The state of EU law after Coman is still far from perfect, however: we underline a line of important questions which remain open and which the Court will need to turn to in the near future to ensure that marriage equality moves beyond mere proclamations in the whole territory of the Union.

13. Free movement of natural persons and citizenship of the Union

2017 ◽  
Author(s):  
Catherine Barnard
Keyword(s):  
Human Rights ◽  
The State ◽  
Free Movement ◽  
Eu Law ◽  
Free Movement Of Persons ◽  
The Eu

This chapter discusses EU law on the free movement of persons. It shows how the EU judiciary and legislature have responded to some of the challenges raised by EU migration. It highlights the following themes: the erosion of the requirement of an interstate element; how little it takes to establish an obstacle to free movement and thus a breach by the state of EU law; the need for the state to establish a justification in order to preserve state interests, but what the state can do to protect that interest is severely curtailed by the principles of human rights and proportionality. It shows that the Court views cases on the free movement of natural persons through a citizenship lens and thus is more willing to embrace a human rights dimension than it would be in cases on free movement of legal persons.

Ewolucja subprocesu transformacji Czarnogóry

2020 ◽  
pp. 161-177 ◽  
Author(s):  
Małgorzata Łakota-Micker ◽  
Beniamin Noga
Keyword(s):  
Regional Cooperation ◽  
Transition Process ◽  
The State ◽  
The Other ◽  
Former Yugoslavia ◽  
Eu Law ◽  
Political Will ◽  
The Eu

The article shows the phenomenon of evolution of the Montenegro transformation subprocess in terms of progress in the implementation of EU law, Montenegro stands out from the other countries of the former Yugoslavia seeking to join the EU or Euro-Atlantic structures. Over the next ten years we will be able to talk about the intensified transition process, taking place in Montenegro. Six years from the beginning of accession negotiations, despite the actions taken and the implementation of new solutions, the reality shows that the inhabitants of the state still do not see any progress in its functioning. The change requires above all political will, which in the long-term will allow the implementation of well-established reforms and ensure their lasting results. In this case, regional cooperation will also have a great significance in Montenegro.

13. Free movement of natural persons and citizenship of the Union

2020 ◽  
pp. 397-437
Author(s):  
Catherine Barnard
Keyword(s):  
Human Rights ◽  
The State ◽  
Free Movement ◽  
Eu Law ◽  
Free Movement Of Persons ◽  
The Eu

This chapter discusses EU law on the free movement of persons. It shows how the EU judiciary and legislature have responded to some of the challenges raised by EU migration. It highlights the following themes: the erosion of the requirement of an interstate element; how little it takes to establish an obstacle to free movement and thus a breach by the state of EU law; the need for the state to establish a justification in order to preserve state interests, but notes that what the state can do to protect that interest is severely curtailed by the principles of human rights and proportionality. It shows that the Court views cases on the free movement of natural persons through a citizenship lens and thus is more willing to embrace a human rights dimension than it would be in cases on free movement of legal persons.

scholarly journals De minimis state aid

2021 ◽  
Vol 59 (2) ◽  
pp. 87-106
Author(s):  
Nebojša Jovanović
Keyword(s):  
European Union ◽  
State Aid ◽  
The State ◽  
Economic Conditions ◽  
Eu Law ◽  
State Aids ◽  
The Eu

In this paper the author analyses de minimis state aid as an exception from the principle of prohibiting the state to help some undertakings in order not to privilege them among other undertakings and to violate their equality on the market. Author explains the notion of de minimis aid, justification of this exception from the prohibition of granting the state aid, privilege that its provider and beneficiary enjoy in comparison with other types of allowable ("compatible") state AIDS, as well as the methods of preventing the circumvention of rules about its granting. Th e author compares the rules of European Union and Serbia in this question, pointing to differences between them. Th e conclusion is that Serbia regulates de minimis aid superficially and vaguely, with important deviations from the EU law. Besides, author contemplates the adequacy of the EU allowable sum of de minimis aid within Serbian economic conditions.

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