scholarly journals Sobre la (in)competencia de las instituciones europeas para reformar los sistemas públicos de pensiones nacionales a la luz del derecho de la UE y de los tratados internacionales = About the (in)competence of the European institutions to reform the public systems of national pensions in the light of the EU law and the international treaties

2018 ◽  
Vol 10 (1) ◽  
pp. 394
Author(s):  
Cristina Sánchez-Rodas Navarro
Keyword(s):  
European Union ◽  
Social Security ◽  
Old Age ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
The Public ◽  
Public Deficit ◽  
Legislative Reforms ◽  
The One

Resumen: En España, tras la crisis mundial económica y financiera de 2008, se han llevado a cabo importantes reformas legislativas a fin de controlar el déficit público y cumplir así no sólo con las disposiciones emanadas del Derecho de la Unión Europea sino también con los Tratados internacionales ratificados por nuestro país.Por su cuantía, las pensiones contributivas de jubilación constituyen la partida más importante de los Presupuestos Generales del Estado.Existe una generalizada creencia de que las restrictivas reformas en materia de pensiones españolas que se vienen promulgando en los últimos años son inevitables al venir impuestas por disposiciones emanadas de la Unión Europea y/o por Tratados internacionales.El objeto de este artículo es, por una parte, demostrar que la competencia para legislar en materia de Seguridad Social es, y sigue siendo, competencia exclusiva del Estado. Y, por otro lado, verificar cómo las reformas en materia de pensiones obedecen a iniciativas legislativas nacionales, en modo alguno impuestas por el Derecho de la UE o el Derecho internacional.Palabras clave: Unión Europea, Seguridad Social, pensiones contributivas de jubilación.Abstract: In Spain, after the worldwide economic and financial crisis of 2008, important legislative reforms have been carried out in order to control the public deficit and therefore will be able to comply not only with the provisions emanating from the European Union Law but also with the International Treaties ratified by our country.Due to their amount, contributory old-age pensions are the most important item in the General State Budget.There is a widespread belief that the restrictive reforms on Spanish pensions that have been enacted in recent years were inevitable because they were imposed by provisions emanating from the European Union and /or international treaties.The purpose of this article is, on the one hand, to demonstrate that the competence to legislate on Social Security matters is, and continues to be, the exclusive competence of the State. And, on the other hand, to verify how the last reforms in the field of pensions obey to national legislative initiatives, in no way imposed by European Law or international Law.Keywords: European Union, social security, contributory old-age benefits.

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

scholarly journals Promoting EU values in international agreements

2021 ◽  
Vol 2 (11) ◽  
Author(s):  
JANČÍKOVÁ Eva ◽  
PÁSZTOROVÁ Janka
Keyword(s):  
European Union ◽  
Industrial Relations ◽  
International Agreements ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
New Model ◽  
Trade Relations ◽  
The Right ◽  
High Level

Within the framework of external relations policy as a subject of international law, the European Union has the right to negotiate, conclude, amend and terminate international agreements on its own behalf, i.e., it has competences granted on it in this area by the Treaties. International agreements concluded at European level are results of an agreement between parties and belong to the sources of European Union Law. Current practice in concluding international agreements at the level of the European Union proves that trade and investment agreements contain provisions concerning civil society, labor relations andenvironment. The scientific study opens a discussion on a new model of international agreements which, in addition to trade relations, contain provisions on the social status of employees of the parties and on sustainable development. This new model of international treaties is supported by all Member States. The systems analysis shows that the European Union no longer acts as an economic-integration grouping towards third countries, but as an international organization that takes into account high level of environmental protection and the protection of employees' industrial relations.

Hybrides Unionsrecht

2020 ◽  
Author(s):  
Daniel Nees
Keyword(s):  
European Union ◽  
Point Of View ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
International Treaty ◽  
Legal Questions ◽  
Fiscal Compact ◽  
European Stability Mechanism ◽  
German Constitutional Law

The contract of the European Stability Mechanism and the European Fiscal Compact are international treaties and – from a formal point of view – not part of European Union law. With regard to the institutional level and to the main contents of the contracts, there is a specific relationship to the law of the European Union: Both treaties aim at developing European integration. This situation leads to legal questions about the conditions of this specific type of contract, which have rarely been asked yet. Therefore, this work analyses the conditions which European Union law and German constitutional law require for the legal validity of this kind of international treaty.

scholarly journals The Court of Justice, the National Courts, and the Controversy over the ‘Ultimate Arbiter’ of the Constitutionality of Law in the European Union

2020 ◽  
Vol 8 (1) ◽  
pp. 9-41
Author(s):  
Roman Kwiecień
Keyword(s):  
European Union ◽  
Legal Status ◽  
Legal Reasoning ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
National Courts ◽  
Court Of Justice ◽  
Legal Space ◽  
The One

The paper addresses the issue of a judicial forum entitled to resolve conflicts between European Union law and national constitutional rules. First and foremost, the issue is discussed under the old primacy/supremacy of EU law controversy. The author seeks to answer whether the national law, including constitutional rules, of a Member State can be ineffective owing to being contradictory to EU law. If so, by whom can national laws be held ineffective? In other words, which of the two judicial fora (national and European) have the last word in these conflicts or who is the ultimate arbiter of the constitutionality of law within the European legal space? The author argues that legal reasoning should reconcile, on the one hand, the specificity of the EU’s unique legal order and effective application of its provisions and, on the other hand, the international legal status of the Member States and their constitutions. This approach leads to the conclusion that there is no ultimate judicial arbiter within the European legal space.

scholarly journals The interpretation complying with EU law manifested in the case law unifying judgment No. 15/2013 of the Portuguese Supreme Court of Justice

2016 ◽  
Vol 2 ◽  
pp. 82-96
Author(s):  
Carla Machado
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
The One

This article aims to address the interpretation that has been made by Portuguese courts in relation to the concept of “communication of the work to the public” enshrined in Article 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, duly transposed into the Portuguese legal order by Law No. 50/2006 of 24 August, which culminated in the drafting of the case law unifying judgment No. 15/2013. By verifying its content and analysing the case law of the Court of Justice of the European Union (hereinafter CJEU), concerning the interpretation of that concept, we conclude that the said case law unifying judgment does not comply with EU law. Therefore, we will list, on the one hand, the inherent consequences regarding the upkeep of the interpretation that has been held by the Portuguese judicial authorities and, on the other, we will suggest solutions for the resolution of similar cases by appealing to the principle of conforming interpretation.

On the Power of the Constitutional Court to Rule on the Compliance of Mixed Agreements with the Constitution

De Jure ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Viktoria Mingova ◽  
◽  
◽  
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Specific Situation ◽  
The European Union ◽  
International Treaties ◽  
Member States ◽  
Constitutional Review ◽  
Ex Post ◽  
The One ◽  
Mixed Agreements

This study aims at examining the general characteristics of constitutional review of international treaties and highlighting its specificities with regard to mixed European Union agreements. Legal issues stem from the fact that, in this case, we are faced with international treaties concluded not only by the Bulgarian State but by the European Union together with the Member States and third countries. Since the competence of the European Union is exclusive in certain fields, the Union has to ‘mix’ its competences in external relations with that of the Member States in order to be able to act in all aspects of international relations. Although, the review of the constitutionality of mixed agreements does not reveal any specific situation with regard to the power of the Constitutional Court to rule on the compliance of the international treaties with the Constitution, the main issue is about the limitations of the Court, exercising a preliminary and ex post review of the constitutionality of international treaties in the case of a mixed agreement, in the light of the obligation of sincere cooperation, on the one hand, and the safeguarding of the constitutional identity of the Bulgarian State’s participation in the establishment and development of the European Union, on the other hand.

The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System

ICL Journal ◽  
2016 ◽  
Vol 10 (3) ◽  
Author(s):  
Elisabetta M. Lanza
Keyword(s):  
European Union ◽  
Free Trade ◽  
Legal System ◽  
Case Law ◽  
Court Case ◽  
Constitutional Court ◽  
The European Union ◽  
European Union Law ◽  
The One

AbstractThis paper analyzes the path paved by the Italian Constitutional Court (ICC) in order to reconcile the series of its inconsistent judgments dealing with free trade, right to economic initiative, and freedom of competition. For this purpose, this article aims at investigating the role of the Italian Constitutional Court in the ‘constitutionalization’ of free trade and freedom of competition and at assessing the relationship between European Union policies and the Constitutional Court interpretation thereof.The last decade demonstrates, on the one hand, that the European Union law has influenced the domestic case law and, on the other hand, that, in turn, the European Union legal system has been ‘constitutionalized’ through the introduction of social and constitutional principles deriving from the Member States’ Constitutions.

scholarly journals Overview of recent cases before the Court of Justice of the European Union (July 2019-September 2019)

2019 ◽  
Vol 21 (4) ◽  
pp. 370-377
Author(s):  
Anne Pieter van der Mei
Keyword(s):  
European Union ◽  
Social Security ◽  
Member State ◽  
Equal Treatment ◽  
The European Union ◽  
Court Of Justice ◽  
Insurance Cover ◽  
The Status ◽  
The One ◽  
The Right

In the reporting period July-September 2019, the Court of Justice of the European Union delivered various rulings that are significant for social security. The ruling that stands out is the one in Van den Berg and others, which concerned the power of a non-competent Member State to grant residents benefits where they lack insurance cover in the competent State. The other cases included in this overview concern the application of the right to equal treatment to social security conventions concluded between a Member State and a third country ( EU), the retention of the status of self-employed person by women who cease to be active due to pregnancy ( Dakneviciute) and the right to export student financial aid ( Aubriet).

scholarly journals The EU law and the law of third countries: problems of interaction

2021 ◽  
Vol 118 ◽  
pp. 02003
Author(s):  
Dmitriy Viacheslavovich Galushko ◽  
Natalya Valerievna Oganova ◽  
Andrey Leonidovich Belousov ◽  
Elena Valerievna Grigorovich ◽  
Aleksey Valerievich Sereda
Keyword(s):  
European Union ◽  
Legal System ◽  
The State ◽  
Legal Systems ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
The Relationship ◽  
Respective State ◽  
The Eu

The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.

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