Doctrine of methods of interpretation of legal norms formed in the case law of the Court of Justice

The doctrinal approaches to the definition of methods and principles of interpretation of legal norms applied by the Court of Justice of the EU are analyzed. The traditional and special methods of interpretation inherent in integration justice are singled out. The dynamics of changes in the approaches to the interpretation of legal norms in the decisions of the Court of Justice of the EU after the signing of the Lisbon Treaty is described. Scientific approaches to defining the concept of interpretation of legal norms contained in domestic sources are analyzed. Foreign sources on the methods of interpretation of the law by the Court of Justice of the EU have been studied. The article analyzes several European publications written at different times before the signing of the Lisbon Treaty and established, which primarily draws attention to authors who have subjected the theological method of interpretation, and very few sources that influence the justification of methods or principles of their application by the Court. It can be concluded that the tendency of European scholars to emphasize the importance of the theological method of interpretation was related to their views on the constitutional nature of the Treaties and legal considerations about the need to adopt the EU Constitution. Such conclusions correlate with the limited jurisdiction of the Court of Justice, as before the signing of the Lisbon Treaty not all provisions of secondary legislation were interpretable (in particular, visas, asylum, immigration and other policies related to the movement of persons). on the constitutionality of the Treaties, although their form and content have become even more similar to constitutional acts, without losing a clear functional statement of provisions. Since then, the case law of the Court of Justice has been characterized by a variety of methods of interpretation, and European doctrine by publications that have re-substantiated the system of methods and paid more attention to their detailed analysis, making each of these methods autonomous and collectively interchangeable.

Eksistensi Kerajaan Bunga Bali di Alor pada Masa Pemerintahan Raja Baololong Kaay, 1840-1875

This article aims to reveal the economic, political and social conditions of the Bunga Bali Kingdom during the reign of King Baolong Kaay in 1840-1875, as well as to revealing his role in political diplomacy in the Lisbon Treaty which certainly had shown existence of the Bali Bunga Kingdom. This study focuses on the locus of the territorial area of the Bunga Bali Kingdom which is centered at Alor Besar. This study uses a historical approach by emphasizing historical facts. Data were obtained from literature or document studies, observations, field studies, and oral traditions. According to this study, there is an economic dependence of the community on the agricultural, livestock and fishery sectors, as well as the political situation. The Bunga Bali Kingdom has 10 Adang villages, three Islamic villages, and seven Pura villages. This study also reveals the social relations of local communities that did not recognize the division of social classes. On the other hand, the emergence of King Baololong as a mediator in the Lisbon treaty in Sago (Solor) was an important turning point because it resulted in an agreement on the territorial division and recognition for the Portuguese and the Dutch. The territories of Kolana, Batulolong, Kui, and Mademang were given to the Dutch, while the island of Atauro was given to the Portuguese. Meanwhile, based in the participation in the Lisbon, it was a medium of achievement and pride for the community as well as to strengthen the ties of brotherhood and cooperation between Galiyau Watang Lema and Solor Watang Lema.

Institutions, Power, and Institutional Balance

Institutional balance, as opposed to strict separation of powers, characterized the disposition of legislative and executive power in the EEC from the outset. The chapter is divided into four temporal periods. The initial period runs between the Rome Treaty and the Single European Act 1986 (SEA). The discussion begins with the initial disposition of institutional power in the Rome Treaty, and charts the way in which this shifted during the first thirty years. The second section covers the period between the SEA and the Nice Treaty, in which there was growing consensus in normative terms as to the appropriate disposition of primary legislative power, but continuing contestation as to power over secondary rule-making and the locus of executive authority. These tensions were readily apparent in the third period, which covers the Constitutional Treaty and the Lisbon Treaty. The fourth period runs from the advent of the Lisbon Treaty to the present. The EU has been beset by a series of crises, which had implications for the powers of the respective EU institutions and the institutional balance between them.

The Vicissitudes of Life at the Coalface: Remedies and Procedures for Enforcing Union Law Before National Courts

The chapter discusses the evolution of European law concerning national remedies and procedures involved in enforcing EU rights and obligations, combining an exposition of the case law with a critical discussion of the mainstream scholarship. EU law on national remedies is traditionally embodied in the equivalence-effectiveness test, whose jurisprudence is systematized into three periods of varying scrutiny. After the Lisbon Treaty, it is pictured as increasingly based on the principle of effective judicial protection, Articles 19 TEU and 47 EUCFR, suggesting a possible ‘human-rights-oriented twist’ in the field. Adopting a critical stand, the chapter shows how the traditional systematization misses additional strands of cases and facets to the Rewe-effectiveness, while the substantial implications of the latest trends are still under development.

Authoritarian Liberalism Writ Large: the Spectre of a ‘German Europe’

<Online Only>This chapter explores how inter-state relations after Lisbon represented a fudge; the Lisbon Treaty maintaining much of the substance of the failed constitutional project, but without the constitutional symbolism. It traces how, through the euro crisis, this fudge became unsustainable: the issue of sovereignty could no longer be held in suspension, increasingly exercised outside the EU legal framework, as new informal formations took centre stage, notably the ‘Troika’ and the Eurogroup, which exercised both de facto power and de jure authority. They did so in such a way as to avoid the formal constraints of the Maastricht Treaty, but maintain its ordoliberal spirit. The chapter goes on to consider how sovereignty, in practice, was increasingly drained of any content, its loss appearing as the quid pro quo for accepting financial assistance. The chapter concludes by examining how all of this put the issue of German hegemony back on the agenda, suggesting a regional authoritarian liberalism writ large, more coercive and less consensual than in the foundational era, but ultimately underpinned by an ideological Europeanism.</Online Only>

1. Constitutional History

This chapter surveys the historical evolution of the European Union in four sections. Section 1 starts with the humble origins of the Union: the European Coal and Steel Community (ECSC), which was set up by the 1951 Treaty of Paris. While limited in its scope, the ECSC introduced a supranational idea that was to become the trademark of the European Economic Community (EEC). Section 2 focuses the EEC, while Section 3 investigates the development of the (old) European Union founded through the Treaty of Maastricht. Finally, Section 4 reviews the reform efforts leading to the Lisbon Treaty, and analyses the structure of the—substantively—new European Union as it exists today. Concentrating on the constitutional evolution of the European Union, the chapter does not present its geographic development.

THE EUROPEAN UNION INVESTMENT POLICY

The Lisbon Treaty empowered competence of the EU in the area of FDI. One of the main reasons to have single investment policy by the EU is that the EU has the better negotiation position for the future agreements in the field of FDI. The paper analyzes the impact of the FDI to the EU economy, reasons for introducing the new EU investment policy, scope of the new EU investment competence.

The EU and Southern Cross: The effects of EU energy policy on EU-Australia energy trade

The Lisbon Treaty which entered into force in 2009 was a major event in the ongoing evolution of the European Union (EU) project. However, despite important changes, energy policy formation remains muddled and continues to be area of contest between the EU and its Member States. This in turn means that trade dynamics with important energy providers such as Australia become affected by the internal dynamics concerning energy policy within the EU. Complicating this further is the advancement of climate change mitigation as a major policy issue also has wide ranging implications.The article argues that despite the Lisbon Treaty providing a legal basis for formulating energy policy through the application of shared competences, it does not exercise any substantive direct influence on national or trade-related issues surrounding energy. Instead of the EU exercising relative control, trade in energy resources is still conducted largely on a bilateral basis with EU Member States continuing to determine the primary aspects of their energy policy. As such, the greatest impact the EU has on Member State-Australia’s energy trade is indirect, through binding policy initiatives originally negotiated by the Member States.