CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON CRIMINAL ISSUES WITHIN MARKET ABUSE AT EUROPEAN LEVEL

2020 ◽  
Vol 16 (06) ◽  
pp. 237-255
Author(s):  
LIBOR KLIMEK ◽  
Keyword(s):  
European Union ◽  
Case Law ◽  
Preliminary Ruling ◽  
The European Union ◽  
European Level ◽  
Legal Practice ◽  
Member States ◽  
Market Abuse ◽  
Criminal Sanctions ◽  
Court Of Justice

A set of legislative instruments regulating market abuse have been adopted by the European Union. As regards criminal law sanctions, the principal contemporary legislative instrument in this field, addressed to its Member States, is the Directive 2014/57/EU on criminal sanctions for market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on criminal issues within market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings.

CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON MARKET ABUSE AT EUROPEAN LEVEL

2020 ◽  
Vol 16 (5) ◽  
pp. 294-313
Author(s):  
LIBOR KLIMEK ◽  
Keyword(s):  
European Union ◽  
Case Law ◽  
European Parliament ◽  
Preliminary Ruling ◽  
The European Union ◽  
European Level ◽  
Legal Practice ◽  
Member States ◽  
Market Abuse ◽  
Court Of Justice

A set of legislative instruments regulating market abuse have been adopted by the European Union. The principal contemporary legislative instrument in this field, addressed to its Member States, is the Regulation No 596/2014 of the European Parliament and of the Council on market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings

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.

Mixed Agreements: The EU Law Fundamentals

2018 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
European Union ◽  
Case Law ◽  
International Agreements ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Basic Characteristics ◽  
Mixed Agreements ◽  
The Eu

Whatever terminology one might wish to employ to describe the form of integration constituted by the European Union and its Member States, one fundamental attribute of that arrangement has always been the division, as between the Union and its Member States, of competence to conclude international agreements with other subjects of international law. Today, the fact that treaty-making competence—as an external facet of the more general division of legal authority—is divided and, to some extent, shared between the Union and its Member States is reflected by some of the opening provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. Notwithstanding the changes to the scope and nature of the powers conferred upon the Union, resulting from both changes to primary law and the evolution of the case law of the Court of Justice of the European Union (CJEU), the basic characteristics of the conferment as an attribution of a limited kind has always been the same; there has always existed a polity endowed with a treaty-making authority divided between and, indeed, shared by, the Union and its Member States. In the early 1960s mixed agreements—that is, agreements to which the European Union

6. The preliminary ruling (Article 267 TFEU)

2020 ◽  
pp. 155-176
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
Procedural Law ◽  
Court Of Justice

This chapter examines the procedural law of the European Union (EU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU). It explains that Article 267 is the reference procedure by which courts in member states can endorse questions concerning EU law to the Court of Justice (CJEU). Under this Article, the Court of Justice of the European Union (CJEU) has the jurisdiction to provide preliminary rulings on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union and on the interpretation of the Treaties. This ensures legal unity.

6. The preliminary ruling (Article 267 TFEU)

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
Procedural Law ◽  
Court Of Justice ◽  
European Court

This chapter examines the procedural law of the European Union (EU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU). It explains that Article 267 is the reference procedure by which courts in member states can endorse questions concerning EU law to the European Court of Justice (CoJ). Under this Article, the Court of Justice of the European Union (CJEU) has the jurisdiction to provide preliminary rulings on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union and on the interpretation of the Treaties.

Case C-233/18 Zubair Haqbin v. Federaal Agentschap Voor de Opvang van Asielzoekers (C.J.E.U.)

2020 ◽  
Vol 59 (4) ◽  
pp. 694-707
Author(s):  
Justine N. Stefanelli
Keyword(s):  
European Union ◽  
Violent Behavior ◽  
Fundamental Rights ◽  
Preliminary Ruling ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
First Time ◽  
The Eu

In its preliminary ruling in Haqbin, the Court of Justice of the European Union (CJEU or Court) ruled for the first time on whether the EU Reception Conditions Directive 2013/33 (RCD) prohibits Member States from withdrawing material reception conditions in the event of a breach of the rules of accommodation centers, or in the context of violent behavior within those centers. In holding in the negative, the CJEU affirmed the important role played by fundamental rights in the EU's asylum system.

Recent Golden Share Cases in the Jurisprudence of the Court of Justice of the European Union

2015 ◽  
Vol 16 (5) ◽  
pp. 1099-1130 ◽  
Author(s):  
Tamás Szabados
Keyword(s):  
European Union ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Member States ◽  
Golden Share ◽  
Court Of Justice ◽  
Special Rights ◽  
Free Movement Of Capital

AbstractIn several golden share cases, the Court of Justice of the European Union (the “Court”) condemned Member States for reserving certain special rights in privatized companies for themselves. In spite of the Court's consistently strict approach in the golden share cases, the more recent golden share judgments demonstrate that the Court's practice is not free from uncertainties. In its case law, the Court seems to hesitate between the application of the freedom of establishment and the free movement of capital. Additionally, it is not entirely clear which measures are caught by provisions on the freedom of establishment and the free movement of capital.

scholarly journals The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

2016 ◽  
Vol 17 (31) ◽  
pp. 24-36
Author(s):  
Valentin Paul Neamt
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Subject

Abstract The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject.

scholarly journals The European Court of Justice and the Policy Process

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
European Union ◽  
Member State ◽  
Case Law ◽  
European Court Of Justice ◽  
The European Union ◽  
Member States ◽  
Administrative Practices ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states’ preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court’s case law. If rulings have constitutional status, their impact is considerable, even if the Court only occasionally diverts from member states’ preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court’s development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union and its member states, undermining the legitimacy of this political order.

scholarly journals MULTILINGUALISM AT THE COURT OF JUSTICE OF THE EUROPEAN UNION: THEORETICAL AND PRACTICAL ASPECTS

2013 ◽  
Vol 34 (1) ◽  
pp. 75-92 ◽  
Author(s):  
Olga Łachacz ◽  
Rafał Mańko
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Interpretation ◽  
Direct Impact ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Traditional Approaches

Abstract The paper analyses and evaluates the linguistic policy of the Court of Justice of the European Union against the background of other multilingual courts and in the light of theories of legal interpretation. Multilingualism has a direct impact upon legal interpretation at the Court, displacing traditional approaches (intentionalism, textualism) with a hermeneutic paradigm. It also creates challenges to the acceptance of the Court’s case-law in the Member States, which seem to have been adequately tackled by the Court’s idiosyncratic translation policy.

Sign in / Sign up

Export Citation Format

Share Document