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Journal articles on the topic 'Court of Justice of the European Communities'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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1

Bulterman. "Court of Justice of the European Communities." European Journal of Health Law 9, no. 3 (2002): 281. http://dx.doi.org/10.1163/157180902760498805.

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Creech, Richard L. "Court of Justice of the European Communities." European Constitutional Law Review 2, no. 1 (2006): 147–51. http://dx.doi.org/10.1017/s1574019606001477.

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As a result of the 2004 enlargement there are now twenty languages that are accorded official, and theoretically equal, status in the institutions of the European Union. With the expansion of the Union’s linguistic landscape some Union bodies, while allowing the use of more and more languages, have paradoxically limited the circumstances under which most of them may be used. To put it mildly, these efforts, as Advocate-General Poiares Maduro said in his opinion in Case C-160/03, Kingdom of Spain v. Eurojust, 2005 ECR I-2077, have been ‘a matter of some controversy’.

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Spinellis, Dionysios. "Court of Justice of the European Communities." European Constitutional Law Review 2, no. 2 (2006): 293–302. http://dx.doi.org/10.1017/s1574019606002938.

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The judgment of the European Court of Justice of 13 September 2005 decided an important institutional conflict in the Union. At the request of the Commission, the Court annulled the Council’s Framework Decision 2003/80/JHA on the protection of the environment through criminal law. In so doing, the Court acknowledged that the member states can be obliged under Community law and its system of conditions to impose criminal sanctions if this is necessary to protect Community law. It is beyond doubt that they thus can be obliged under Union law and its conditions. The underlying questions are about

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4

van der Wilt, Harmen. "Court of Justice of the European Communities." European Constitutional Law Review 2, no. 2 (2006): 303–9. http://dx.doi.org/10.1017/s1574019606003038.

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The European Union has been tightening its grip on the criminal laws of the member states. Article 31 of the Treaty on European Union introduced the framework decision as the appropriate instrument to harmonize criminal law. In this way, member states may be required to adopt minimum levels of criminal definitions and sanctions. This is a matter of ‘third pillar’ law. The case under scrutiny, however, is a perfect illustration of the delicate relationship between EU first pillar law and domestic criminal law.

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Lenaerts, Koen. "Interlocking Legal Orders in the European Union and Comparative Law." International and Comparative Law Quarterly 52, no. 4 (2003): 873–906. http://dx.doi.org/10.1093/iclq/52.4.873.

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Even if an external observer who takes an interest in the case-law of the Court of Justice of the European Communities and of the Court of First Instance of the European Communities may not have such an impression at first sight, comparative law plays a central role in the activities of these courts. It means much more than simply looking at solutions given to certain problems in the legal orders of the Member States. As a former president of the Court of Justice rightly observed, recourse to comparative law is for the Court of Justice essentially a method of interpretation of Community law it

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Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.

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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the sta

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7

Lenz, Carl Otto. "The Court of Justice of the European Communities." Legal Issues of Economic Integration 15, Issue 2 (1988): 1–14. http://dx.doi.org/10.54648/leie1988006.

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8

Bergkamp, Lucas. "A. Court of Justice of the European Communities." European Journal of Health Law 1, no. 2 (1994): 206–17. http://dx.doi.org/10.1163/157180994x00312.

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Grigoriadis, Lazaros G. "The Application of EU Competition Law in the Pharmaceutical Sector: The Case of Parallel Trade." European Business Law Review 25, Issue 1 (2014): 141–201. http://dx.doi.org/10.54648/eulr2014004.

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Parallel trade traditionally enjoys a significant protection from European Institutions, in the belief that it fosters competition and encourages trade. However, pharmaceutical companies claim that this form of competition undermines their incentive to innovate and threatens the competitiveness of the European pharmaceutical sector. This Article analyses a) the arguments put forward in favour of and against the freedom of the parallel trade of pharmaceuticals between the EU Member States and b) the case-law relating to the parallel trade of pharmaceuticals developed by the EU courts and, more

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10

Poffé, Léon R. L. "The European Convention on Human Rights: Merger Proposal for Commission and Court." Leiden Journal of International Law 2, no. 1 (1989): 90–96. http://dx.doi.org/10.1017/s0922156500001114.

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Most European courts face overloading. Therefore the Single European Act has incorporated Article 168A into the lifiC Treaty. According to this article the Court of Justice of the European Communities may request the Council to create a Court of First Instance with a limited jurisdiction. This request has been made by the Court on September 29, 1987; by its decision of October 24,1988 the Council has approved of this request. The reason behind this proposed change in the procedure before the Court of Justice is the enormous pile of cases on the desks of the Judges in Luxembourg. Apart from thi

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Peers, Steve. "Bosphorus – European Court of Human Rights." European Constitutional Law Review 2, no. 3 (2006): 443–55. http://dx.doi.org/10.1017/s1574019606004433.

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The position of human rights within the European Union legal order has been an issue since the early years of the original European Economic Community. For many years, the development of human rights as general principles of Community law was characterized by dialogue and debate between the Communities' Court of Justice on the one hand, and certain national constitutional courts on the other, as regards the protection of human rights recognized in national constitutions by the Community legal order. But in recent years, there has been a parallel dialogue between the Court of Justice and the Eu

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12

Medović, Vladimir. "Judicial protection in the law of the European Union." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 205–13. http://dx.doi.org/10.5937/gakv0005205m.

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The rule of law is one of the basic principles upon which the European Union is founded. According to the Court of Justice this principle assumes that neither the institutions of the Union nor its Member States can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty. With that respect the Treaty established a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions. The Judicial system of the European Communities, as

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13

Kalanke, Eckhard, and Freie Hansestadt Bremen. "EUROPEAN COMMUNITIES: Court of Justic." International Labour Law Reports Online 15, no. 1 (1994): 1–76. http://dx.doi.org/10.1163/22116028-90000033.

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14

Oxman, Bernard H., Juliane Kokott, and Frank Hoffmeister. "A. Racke GmbH & Co. v. Hauptzollamt Mainz." American Journal of International Law 93, no. 1 (1999): 205–9. http://dx.doi.org/10.2307/2997963.

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A. Racke GMBH & Co. v. Hauptzollamt Mainz. Case C-l 62/96.Court of Justice of the European Communities, June 16, 1998.The German Bundesfinanzhof (Federal Finance Court) asked the Court of Justice of the European Communities whether an EEC Council regulation suspending the trade concessions provided for by the 1980 Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia was valid. The Court answered in the affirmative, holding that, in adopting the regulation, the Council had not acted contrary to the rules of customary international la

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15

Lavranos, Nikolaos. "MOX Plant Dispute – Court of Justice of the European Communities." European Constitutional Law Review 2, no. 3 (2006): 456–69. http://dx.doi.org/10.1017/s1574019606004561.

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It is uncommon for a provision of the EC Treaty to remain all but unnoticed for fifty years by both legal literature and the case-law of the European Court of Justice. However, that is what happened to Article 292 EC, which states that ‘Member States undertake not to submit a dispute concerning the interpretation or application of this Treaty to any method of settlement other than those provided for therein.’ This provision can be taken to mean that if a dispute arises between European Union member states involving Community law, they shall bring the dispute exclusively before the European Cou

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16

Cruz, Julio Baquero. "The Changing Constitutional Role of the European Court of Justice." International Journal of Legal Information 34, no. 2 (2006): 223–45. http://dx.doi.org/10.1017/s0731126500001463.

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The process through which the founding Treaties of the European Communities came to function and be regarded as a constitution and the role of the Court of Justice in that process are well known. According to a widespread view, the Court would have been the main or even the only actor in the constitutionalization of the Treaties, transforming them into constitutional entities by virtue of some judgments of the 60s and 70s. For many, in those judgments the Court would have been excessively prointegrationist, too audacious, almost “running wild”. At some point, a number of constitutional courts,

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17

Louis, Frédéric. "Ferring Revisited: the Altmark Case and State Financing of Public Service Obligations." World Competition 27, Issue 1 (2004): 53–74. http://dx.doi.org/10.54648/woco2004005.

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On 24 July 2003, the Court of Justice of the European Communities (``the Court of Justice'') rendered its eagerly awaited judgment in the Altmark case, ending the controversy surrounding the application of the EC State Aid control regime to compensation granted to undertakings in consideration for public service obligations imposed on them, which had divided the Court of Justice and the Court of First Instance of the European Communities, and sparked a wide debate between four of the Court of Justice's Advocates General. The Court held that State compensation for public service obligations doe

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18

Lawson, Rick. "Family Reunification Directive – Court of Justice of the European Communities." European Constitutional Law Review 3, no. 2 (2007): 324–42. http://dx.doi.org/10.1017/s1574019607003240.

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You may not have noticed, but 2006 was the European Year of Workers' Mobility. The symbolism was prompted by concerns that a genuine European ‘mobility culture’ still does not exist. As the Commission has observed, rates of mobility remain extremely low despite initiatives to promote the free movement of workers: ‘Many obstacles of a legal or administrative nature, but also of a linguistic or socio-cultural nature, continue to hamper workers’ freedom of movement and to discourage them from taking advantage of the opportunities for mobility.

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19

Olivier, Ben, and Jan Herman Reestman. "Yunying Jia v Migrationsverket – Court of Justice of the European Communities." European Constitutional Law Review 3, no. 3 (2007): 463–75. http://dx.doi.org/10.1017/s1574019607004634.

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What governs the first entrance to the territory of a member state by a third country national who is a family-member of a European citizen who has migrated to that member state: (secondary) Community law or national law? This question, of the utmost constitutional importance as it regards the power to decide on the entrance of foreigners on national territory, one of the pearls in the crown of traditional national sovereignty, was facing the Court of Justice of the European Communities in the case of Yunying Jia v. Migrationsverket. Earlier the Court had sent out different signals. Now, in th

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20

Reinisch, August. "European Court of Justice—Commission of the European Communities v. Austria and Sweden." International Legal Materials 48, no. 3 (2009): 470–84. http://dx.doi.org/10.1017/s0020782900061398.

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21

Caldeira, Gregory A., and James L. Gibson. "The Legitimacy of the Court of Justice in the European Union: Models of Institutional Support." American Political Science Review 89, no. 2 (1995): 356–76. http://dx.doi.org/10.2307/2082430.

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Using a survey of mass publics, we investigate the political legitimacy of the Court of Justice of the European Communities. To what degree does the Court have the visibility and diffuse support necessary for legitimacy? What accounts for variability in support for the Court? Are theories developed largely in the American context generalizable in Western Europe to a transnational legal institution? Do the sources of the Court's legitimacy vary across nations, and how? Our analysis indicates that relatively obscure institutions such as the Court of Justice are unlikely to build support through

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22

Koopmans, T. "The Future of the Court of Justice of the European Communities." Yearbook of European Law 11, no. 1 (1991): 15–32. http://dx.doi.org/10.1093/yel/11.1.15.

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23

Petkova, Bilyana. "The Notion of Consensus as a Route to Democratic Adjudication?" Cambridge Yearbook of European Legal Studies 14 (2012): 663–95. http://dx.doi.org/10.5235/152888712805580453.

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AbstractBuilding on the theory of democratic constitutionalism, I assess the political implications of the constitutional space formed by the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR) and national constitutional courts in Europe. Democratic constitutionalism helps situate the role of constitutional courts in stimulating a degree of consensus, necessary for governance of heterogeneous communities such as the United States and the European Union. Questions of legitimacy and confidence in the judiciary come to the fore. I examine a mechanism used by

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24

KLIMEK, LIBOR. "CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON MARKET ABUSE AT EUROPEAN LEVEL." Economic problems and legal practice 16, no. 5 (2020): 294–313. http://dx.doi.org/10.33693/2541-8025-2020-16-5-294-313.

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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 i

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25

Hoffmann, Tomasz. "The Status of the European Institutions Officials." Polish Political Science Yearbook 36, no. 1 (2007): 224–32. http://dx.doi.org/10.15804/ppsy2007015.

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The European Union increasingly inuences the member states, their political institutions, business groups, commercial business sector and the citizens. The institutions, politics and legal regulations of the Communities inuence also countries and human beings from outside the Union. is inuence means that each member state of the European Union has its own representative in the European Institutions such as European Parliament, European Commission, the Court of Justice and the Court of Auditors

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26

KLIMEK, LIBOR. "CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON CRIMINAL ISSUES WITHIN MARKET ABUSE AT EUROPEAN LEVEL." Economic problems and legal practice 16, no. 06 (2020): 237–55. http://dx.doi.org/10.33693/2541-8025-2020-16-6-237-255.

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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 crim

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27

Kaminska, I. V. "Court of Justice of the European Union: historiography of European sources published in the period 1957-1992." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 292–99. http://dx.doi.org/10.33663/2524-017x-2021-12-49.

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Before proceeding to the analysis and characterization of foreign publications, all the sources we found were systematized according to the time criterion, according to which all the publications found, which in one way or another examined the Court of Justice, we divided into three periods, namely: I period (1957–1992); II period (1992–2007); III period (2007-present). The division was based on the periodization of the development of European integration, or rather its main stages. And the period – the creation and functioning of the European Communities (from the Treaties of Rome to the sign

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28

Lenaerts, Koen, and Tinne Heremans. "Contours of a European Social Union in the Case-Law of the European Court of Justice." European Constitutional Law Review 2, no. 1 (2006): 101–15. http://dx.doi.org/10.1017/s1574019606001015.

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Tensions between national welfare systems and the social rights of the citizens of the Union — Fundamental principle of free movement and the degree of financial solidarity with nationals from other Member States — Introduction of internal market principles in health care — The balancing role of the Court of Justice of the European Communities.

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29

Bodansky, Daniel, and Cesare P. R. Romano. "Commission of the European Communities v. Ireland. Case C-459/03. Judgment." American Journal of International Law 101, no. 1 (2007): 171–78. http://dx.doi.org/10.1017/s0002930000029638.

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Commission of the European Communities v. Ireland. Case C-459/03. Jud gment. At <http://eur-lex.europa.eu>.Court of Justice of the European Communities (Grand Chamber), May 30, 2006.On May 30,2006, the Court of Justice of the European Communities (ECJ) ruled on Case C-459/03, Commission v. Ireland, brought by the European Commission (Commission) and alleging Ireland's failure to fulfill obligations under the Treaty Establishing the European Community (EC Treaty). In 2001, Ireland had initiated proceedings against the United Kingdom before an ad hoc Arbitral Tribunal pursuant to the Annex

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30

Plender, R. "Decisions of the Court of Justice of the European Communities during 1990." British Yearbook of International Law 61, no. 1 (1991): 451–61. http://dx.doi.org/10.1093/bybil/61.1.451.

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31

Plender, R. "Decisions of the Court of Justice of the European Communities During 1991." British Yearbook of International Law 62, no. 1 (1992): 525–34. http://dx.doi.org/10.1093/bybil/62.1.525.

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32

Plender, R. "Decisions of the Court of Justice of the European Communities during 1992." British Yearbook of International Law 63, no. 1 (1993): 599–613. http://dx.doi.org/10.1093/bybil/63.1.599.

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33

Plender, R. "Decisions of the Court of Justice of the European Communities During 1993." British Yearbook of International Law 64, no. 1 (1994): 543–78. http://dx.doi.org/10.1093/bybil/64.1.543.

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34

Plender, R. "Decisions of the Court of Justice of the European Communities during 1994." British Yearbook of International Law 65, no. 1 (1995): 549–69. http://dx.doi.org/10.1093/bybil/65.1.549.

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35

Plender, R. "Decisions of the Court of Justice of the European Communities during 1995." British Yearbook of International Law 66, no. 1 (1996): 561–81. http://dx.doi.org/10.1093/bybil/66.1.561.

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36

Masters, S. "Decisions of the Court of Justice of the European Communities during 1996." British Yearbook of International Law 67, no. 1 (1997): 657–81. http://dx.doi.org/10.1093/bybil/67.1.657.

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37

Masters, S. "Decisions of the Court of Justice of the European Communities During 1997." British Yearbook of International Law 68, no. 1 (1998): 447–66. http://dx.doi.org/10.1093/bybil/68.1.447.

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38

Masters, S. "Decisions of the Court of Justice of the European Communities in 1998." British Yearbook of International Law 69, no. 1 (1999): 411–31. http://dx.doi.org/10.1093/bybil/69.1.411.

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39

van Harten, Herman. "Proportionality in Decentralized Action;the Dutch Court Experience in Free Movement of Services and Freedom of Establishment Cases." Legal Issues of Economic Integration 35, Issue 3 (2008): 217–30. http://dx.doi.org/10.54648/leie2008013.

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National courts are of vital importance for the effectiveness of European law. In general, they are supposed to handle the bulk of the cases in which European law comes forward, a logical result following the development of the (direct) effects of European law in the national legal order. Several authors in the European law doctrine observed a notable variety of review intensity by the Court of Justice of the European Communities (hereafter: the Court) on the proportionality principle in handling free movement cases. Sometimes the Court employs an intense test; other times the approach of the

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40

Marabel, Jacinto J. "El carácter jurisdiccional de los tribunales de resolución de conflictos contractuales conforme a la jurisprudencia comunitaria." Revista de Derecho de la UNED (RDUNED), no. 21 (January 31, 2018): 529. http://dx.doi.org/10.5944/rduned.21.2017.21172.

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Durante muchos años, la Unión Europea exigió al Reino de España articular una serie de medidas tendentes a garantizar los procedimientos de recurso en materia de adjudicación de contratos públicos. La materia tiene una importancia crucial en las políticas europeas y su impacto económico llega a alcanzar la quinta parte del PIB del conjunto de los Estados miembros. Por esta razón, se hizo necesaria la creación de órganos independientes con competencia en la resolución de este tipo de conflictos que velaran por el principio de libre concurrencia. El Tribunal de Justicia de la Unión Europea consi

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41

Hojnik, Janja, and Rajko Knez. "Non-Privileged Applicants: Local Communities as Applicants of the Annulment Action before the European Court of Justice." Lex localis - Journal of Local Self-Government 7, no. 3 (2009): 283–306. http://dx.doi.org/10.4335/87.

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In addition to the option of submitting requests for reviewing constitutionality and legality to the Constitutional Court of the Republic of Slovenia, it has been possible for the Slovenian local communities to contest EC Acts before the EC Courts over the last five years. But the terms and conditions for that are much stricter than those required by the national law. The paper analyses the complex system of legal rules determining the terms and conditions to be observed by local communities to contest the legal acts issued by the EU institutions. These conditions are very strict. They can be

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Oxman, Bernard H., and Laurence R. Helfer. "Grant v. South-West Trains, Ltd." American Journal of International Law 93, no. 1 (1999): 200–205. http://dx.doi.org/10.2307/2997962.

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Grant v. South-West Trains, Ltd. Case C-249/96. 1998 All England Law Reports (EC) 193.Court of Justice of the European Communities, February 17, 1998.Are employers within the European Community (EC or Community) forbidden from discriminating against their employees on the basis of sexual orientation? More generally, does the prohibition of “discrimination based on sex” contained in Article 119 of the Treaty of Rome and the Community directive requiring equal pay for men and women (Equal Pay Directive) encompass discrimination on the basis of sexual orientation? In Grant v. South-West Trains, L

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43

Knorpel, Henry. "Social Security Cases in the Court of Justice of the European Communities, 1983." Common Market Law Review 22, Issue 1 (1985): 43–67. http://dx.doi.org/10.54648/cola1985004.

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44

Knorpel, Henry. "Social Security Cases in the Court of Justice of the European Communities, 1984." Common Market Law Review 23, Issue 2 (1986): 359–84. http://dx.doi.org/10.54648/cola1986017.

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45

Akehurst, M. "Decisions of the Court of Justice of the European Communities during 1983-4." British Yearbook of International Law 55, no. 1 (1985): 399–404. http://dx.doi.org/10.1093/bybil/55.1.399.

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46

Akehurst, M. "Decisions of the Court of Justice of the European Communities During 1985-6." British Yearbook of International Law 57, no. 1 (1987): 477–86. http://dx.doi.org/10.1093/bybil/57.1.477.

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47

Akehurst, M. "Decisions of the Court of Justice of the European Communities During 1987-8." British Yearbook of International Law 59, no. 1 (1989): 409–19. http://dx.doi.org/10.1093/bybil/59.1.409.

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48

Almqvist, Jessica. "A HUMAN RIGHTS CRITIQUE OF EUROPEAN JUDICIAL REVIEW: COUNTER-TERRORISM SANCTIONS." International and Comparative Law Quarterly 57, no. 2 (2008): 303–31. http://dx.doi.org/10.1017/s0020589308000195.

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AbstractLitigation involving individuals and entities whose financial assets have been frozen and whose names have been blacklisted in the fight against terrorism is on the rise around the world. However, the global ‘securitization’ of terrorism has rendered court performance of judicial review and the provision of remedies in these cases more difficult. What the main judicial challenges are, the need to overcome them, and how they can be overcome, are identified in this article as questions of central concern in an effort to secure the human right of effective access to justice for persons su

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49

Cramér, Per. "Does the Codification of the Principle of Supremacy Matter?" Cambridge Yearbook of European Legal Studies 7 (2005): 57–79. http://dx.doi.org/10.5235/152888712802730828.

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A little more than four decades ago, the European Court of Justice declared that the law of the European Communities constitutes the supreme law of the Member States. The national institutions, most importantly the national courts, were to apply rules of Community law and, in so doing, were required to set aside conflicting provisions of national law, however framed. Since then, this judicially formulated constitutional principle has been developed and restated in later judgments by the ECJ. However, during the same period the absolute character of the principle has been continually challenged

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Cramér, Per. "Does the Codification of the Principle of Supremacy Matter?" Cambridge Yearbook of European Legal Studies 7 (2005): 57–79. http://dx.doi.org/10.1017/s152888700000450x.

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A little more than four decades ago, the European Court of Justice declared that the law of the European Communities constitutes the supreme law of the Member States. The national institutions, most importantly the national courts, were to apply rules of Community law and, in so doing, were required to set aside conflicting provisions of national law, however framed. Since then, this judicially formulated constitutional principle has been developed and restated in later judgments by the ECJ. However, during the same period the absolute character of the principle has been continually challenged

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