scholarly journals Equal treatment in agreements concluded between European Union and third countries

Ratio Juris ◽  
2020 ◽  
Vol 15 (30) ◽  
Author(s):  
Dimitris Liakopoulos
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Status ◽  
International Politics ◽  
Equal Treatment ◽  
The European Union ◽  
Economic Activities ◽  
Member States ◽  
Family Ties ◽  
Court Of Justice

The purpose of this work is to bring the legal status of third-country citizens closer to that of member states, as a different special regime according to the relative agreements concluded for certain categories of foreigners without disregarding the value of some elements of fact, such as residence, family ties, performance of specific economic activities or interests of international politics for respect of these obligations, with the not always uniform content that the union evidently had to entrust to member states a union of intent through “supervision" as well as the interpretation carried out by The Court of Justice of the European Union (CJEU) which has strongly reduced state's competences aiming at a European integration still in progress and especially after Brexit.

2. The Origins, Institutions, and Development of the Union and the Legislative Processes

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Integration ◽  
Lisbon Treaty ◽  
The European Union ◽  
Constitutional Treaty ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers ◽  
Legislative Processes ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the origins, institutions, and development of the European Union and its legislative processes. Key debates noted are the questions raised by the changes brought about by the Lisbon Treaty, and concerns raised by Member States about the EU assuming too many competences. Sample exam questions cover topics such as the concept of European integration and the motivations behind it, reform of the EU, the powers of the Court of Justice of the European Union and its impact, and analysis of the 2007 Lisbon Treaty and the abandoned Constitutional Treaty which it effectively replaced.

12. The Court of Justice of the European Union

2016 ◽  
Author(s):  
Ilias Kapsis
Keyword(s):  
European Union ◽  
European Integration ◽  
Civil Service ◽  
Judicial Activism ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
History Of ◽  
Civil Service Tribunal ◽  
The Eu

This chapter focuses on the Court of Justice of the European Union (CJEU), the judicial arm of the European Union. The CJEU consists of three courts: the Court of Justice, the European General Court, and the Civil Service Tribunal. Its mission is to ensure that ‘in the interpretation and application’ of the treaties of the Union ‘the law is observed’. The chapter first traces the history of the CJEU before discussing issues of structure and procedure, the extent of the Courts' jurisdiction, and their role in the promotion of European integration. It then considers the criticism directed at the CJEU for the way it exercises its judicial powers, and more specifically the reaction of member states to its ‘judicial activism’. It concludes with an assessment of the main challenges facing the EU courts.

2. The Origins, Institutions, and Development of the Union and the Legislative Processes

2020 ◽  
pp. 7-25
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Integration ◽  
Lisbon Treaty ◽  
The European Union ◽  
Constitutional Treaty ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers ◽  
Legislative Processes ◽  
The Eu

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the origins, institutions, and development of the European Union and its legislative processes. Key debates noted are the questions raised by the changes brought about by the Lisbon Treaty, and concerns raised by Member States about the EU assuming too many competences. Sample exam questions cover topics such as the concept of European integration and the motivations behind it, reform of the EU, the powers of the Court of Justice of the European Union and its impact, and analysis of the 2007 Lisbon Treaty and the abandoned Constitutional Treaty which it effectively replaced.

scholarly journals The Impact of the Case-Law of the Court of Justice of the European Union in the Field of Public Procurement

2018 ◽  
Vol 24 (2) ◽  
pp. 189-193
Author(s):  
Albena Ivanova
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Case Law ◽  
Equal Treatment ◽  
The European Union ◽  
Member States ◽  
Administrative Practice ◽  
Court Of Justice ◽  
The One ◽  
The Impact

Abstract The article examines the case-law of the Court of Justice of the European Union on Public Procurement issues. On the one hand, the paper analyzes the control exercised by the Court in this area while the Member States implement the Public Procurement Directives by transposing them into national law or by administrative practice which is subject to judicial review. The Court's control is executed through the interpretation of provisions and through actions taken by the European Commission against Member States for breaches of EU law in the area of Public Procurement. On the other hand, in the references for a preliminary ruling, the Court of Justice of the EU defines some basic terms, such as 'public procurement' (at Union level), a contractor, a minimum threshold, etc., and affirms the key principles that must be respected for the fulfilment of Public Procurement objectives such as transparency, competition and equal treatment. The article aims to show the contribution of the case-law of the Court of Justice of the European Union to the development and uniform application of Public Procurement legislation in the Member States and facilitates the functioning of the Internal market

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

scholarly journals Castaño avoids a clash between the ECtHR and the CJEU, but erodes Soering. Thinking human rights transnationally

2020 ◽  
pp. 203228442097974
Author(s):  
Sibel Top ◽  
Paul De Hert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
European Union Member States

This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

The Google Ireland Case and the Legal Battle over Digital Taxes in the European Union

2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante
Keyword(s):  
European Union ◽  
Digital Economy ◽  
Free Movement ◽  
Preliminary Ruling ◽  
The European Union ◽  
Topical Issue ◽  
Member States ◽  
Court Of Justice ◽  
Legal Battle ◽  
The Way

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.

Court of Justice of the European Union (Seventh Chamber) Kerly Del Rosario Martinez Silva v Instituto nazionale della previdenza sociale (INPS) Comune di Genova

2018 ◽  
Vol 20 (3) ◽  
pp. 357-363
Author(s):  
Bjarney Friðriksdóttir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Report ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.

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