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Journal articles on the topic 'National Court of Justice'
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1
Novak, Stjepan. "DIJALOZI IZMEĐU USTAVNIH SUDOVA DRŽAVA ČLANICA EUROPSKE UNIJE I SUDA EUROPSKE UNIJE." Pravni vjesnik 36, no. 3-4 (2020): 113–36. http://dx.doi.org/10.25234/pv/10408.
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In the context of the discourse on constitutional identities, national constitutional courts enter into various forms of dialogue with the Court of Justice of the EU. After having engaged for an extended period of time in exclusively indirect dialogues that were more or less successful and were realised through their own practices, national constitutional courts started making use of the possibility offered to them pursuant to Article 267 of the Treaty on the Functioning of the European Union, i.e., the preliminary ruling procedure. The paper aims to prove that the dialogues which constitutional courts engage in with the Court of Justice of the EU are the most successful forms of their communication. For that purpose the paper compares these dialogues with indirect forms of communication between constitutional courts and the Court of Justice of the EU. It is in this context that the paper, following introductory considerations in the second part, considers the concept of constitutional identity from the viewpoint of the Court of Justice of the EU and the viewpoint of national constitutional courts. The third part of the paper analyses different forms of indirect dialogue between constitutional courts and the Court of Justice of the EU and draws conclusions about their effectiveness. The fourth part analyses particular procedures instituted before the Court of Justice of the EU by constitutional courts and points out the pros and cons of these procedures. Finally, the paper concludes that the procedures instituted by national constitutional courts pursuant to Article 267 of the Treaty on the Functioning of the European Union are the most direct and the most efficient forms of their communication with this Court.
2
Bastos, Filipe Brito. "Judicial Annulment of National Preparatory Acts and the Effects on Final Union Administrative Decisions: Comments on the Judgment of 29 January 2020, Case C-785/18 Jeanningros, EU:C:2020:46." Review of European Administrative Law 14, no. 2 (2021): 109–17. http://dx.doi.org/10.7590/187479821x16254887670928.
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The European Court of Justice's classic Borelli doctrine concerned administrative procedures where national authorities adopt preparatory acts which are binding upon the Union administration. In such cases, preparatory acts cannot be reviewed by Union courts as part of the review of the final Union decision and must instead be reviewed by national courts. Jeanningros provided the Court of Justice with an opportunity to clarify one of Borelli's remaining loose ends – the question of whether national courts should review the national preparatory acts even if the Union administration has already adopted the final decision. The Court answered in the affirmative, but nevertheless left new open questions for legal practice and scholarship to confront.
3
Milinis, Albertas, and Kristina Pranevičienė. "Conditions and Circumstances which Lead to Application to the Court of Justice of the European Union and Adoption of a Preliminary Ruling." Baltic Journal of Law & Politics 9, no. 2 (2016): 130–49. http://dx.doi.org/10.1515/bjlp-2016-0015.
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Abstract This article deals with the issues concerning the communication between the national courts of the European Union Member States and the Court of Justice of the European Union via the preliminary ruling procedure. The doctrines of acte clair and acte éclairé are described briefly in the article. The authors explicitly investigate the national court’s right to apply to the Court of Justice of the European Union and the obligation to apply to the Court of Justice of the European Union for a preliminary ruling. The recent tendencies in the jurisprudence of the national courts of the Republic of Lithuania while applying for preliminary rulings are revealed.
4
Ojomo, Edefe. "Competing Competences in Adjudication: Reviewing the Relationship between the ECOWAS Court and National Courts." African Journal of Legal Studies 7, no. 1 (2014): 87–122. http://dx.doi.org/10.1163/17087384-12342042.
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Abstract This article argues that regional access to justice in West Africa provides an alternative to national access to justice through the institution of the ecowas Community Court of Justice. This gives West Africans the option of pursuing justice in national judicial institutions or in the ecowas Court. Therefore, it reveals a situation where both systems compete for effectiveness in meeting the justice demands of citizens while also encouraging greater complementarity in their institutional activities.
5
Hinarejos, Alicia. "Social Legitimacy and the Court of Justice of the EU: Some Reflections on the Role of the Advocate General." Cambridge Yearbook of European Legal Studies 14 (2012): 615–33. http://dx.doi.org/10.5235/152888712805580525.
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AbstractThe Court of Justice of the European Union (CJEU, Court of Justice or Court, for short) operates in circumstances that are similar to those of a national constitutional court; at the same time, some significant features set it apart and make it more difficult for the Court of Justice to command the institutional loyalty or public support that national constitutional courts seem to enjoy in Europe. This chapter will, first, offer a brief overview of how and why the Court acquired a markedly political, and problematic, role within the judicial and legal system of the Union (Section II). Section III will then examine the different concepts of legitimacy that may be applied to courts and their decisions, focusing more specifically on the social dimension of legitimacy. This chapter will argue that the fact that the Court of Justice has to operate in a transnational context leads to a shortfall in its social legitimacy, at least when compared to national constitutional courts in Europe. Finally, Section IV will focus on the figure of the Advocate General as a mechanism that may lend some extra social legitimacy to the Court and its decisions—obviously without solving the problem completely—and that, more generally, may foster dialogue, debate and deliberative democracy in the Union.
6
Lemmens, Koen. "Protocol No 16 to the ECHR: Managing Backlog through Complex Judicial Dialogue?" European Constitutional Law Review 15, no. 4 (2019): 691–713. http://dx.doi.org/10.1017/s1574019619000373.
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European Court of Human Rights – Protocol No. 16 – Advisory Opinions – Managing backlog – Unpredictable effects – Complex judicial dialogue – Interplay with preliminary rulings of European Court of Justice and national constitutional courts – Bosphorus presumption – National courts in charge of judicial diplomacy – Increased burden for national courts
7
Shelton, Dinah. "The Participation of Nongovernmental Organizations in International Judicial Proceedings." American Journal of International Law 88, no. 4 (1994): 611–42. http://dx.doi.org/10.2307/2204133.
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Nongovernmental organizations are playing an increasingly important role in international litigation. This study will analyze the participation of nongovernmental organizations, primarily as amici curiae, in the proceedings of four permanent international courts: the International Court of Justice, the European Court of Justice, the European Court of Human Rights and the Inter-American Court of Human Rights. After discussing the impact of amici in national and regional courts, it recommends that the International Court of Justice expand its acceptance of submissions from nongovernmental organizations in appropriate cases. The Court has a jurisdictional basis to do so and amici have usefully contributed to cases before other courts.
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Mattli, Walter, and Anne-Marie Slaughter. "Revisiting the European Court of Justice." International Organization 52, no. 1 (1998): 177–209. http://dx.doi.org/10.1162/002081898550590.
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The European Court of Justice (ECJ) is widely recognized not only as an important actor in the process of European integration but also as a strategic actor in its own right. In the last four years the literature on the Court has dramatically expanded, nourishing a lively debate between neofunctionalists and intergovernmentalists. But this debate has now reached the limits of its usefulness. Both neofunctionalism and intergovernmentalism neglect the range of specific motives and constraints shaping the behavior of individual litigants and national courts; further, both insist on modeling the state as a unitary actor. New scholarship on public interest and corporate litigants in the EU and on the relationship between the ECJ and national courts highlights these failings. Reviewing the literature, this essay develops a model of the legal integration process that encompasses disaggregated state actors—courts, regulatory agencies, executives, and legislatures—interacting with both supranational institutions and private actors in domestic and transnational society. It distills new data and theoretical insights to specify the preferences of some of these actors and the constraints they face in implementing those preferences.
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Chayka, K. L. "The Genesis of International Justice." Rossijskoe pravosudie 2 (January 28, 2021): 13–19. http://dx.doi.org/10.37399/issn2072-909x.2021.2.13-19.
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The increasing number of international courts and their specialisation and the penetration of legal positions developed at the supranational level into the practice of domestic courts raise the question of the nature of international justice and its peculiarities. The concepts of national justice and the systemic nature of international courts are well developed in the doctrine, but the issue of international justice remains under-researched. Such an analysis is particularly important because of Russia's membership of the Eurasian Economic Union and the active use of supranational court positions in domestic law enforcement, including judicial enforcement. This article examines the current and historical approaches to the understanding of justice in Russian legal theory and the views of foreign scholarship on procedural justice, which is seen as equivalent to the category of «justice». The aim of this study is to formulate a concept of justice that is free from the peculiarities of national legal systems and able to explain the processes inherent in international courts. The question of the specific features of international justice will be answered, preceded by a reflection on the definition of «international judicial body» in the context of approaches of domestic as well as European. The method of induction has made it possible to identify the specific features inherent in universal international courts as well as in courts of integration associations and, on this basis, to provide a definition for «international judicial body». A comparison of the powers vested in the Court of Justice of the Eurasian Economic Union, the range of persons having the possibility to initiate dispute resolution, the binding and enforceable nature of its acts with similar rules in the activities of the UN International Court of Justice, the European Court of Human Rights and the Court of Justice of the European Union provides empirical material for analysis of the specific features of the Eurasian dispute resolution body justice. The study concludes that the modern concept of national and international justice has its philosophical basis in the genesis of ideas about human rights and fundamental freedoms. International justice, however, is defined as the legal and procedural activity of an independent judiciary to apply the law and resolve legal conflict.
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Gibson, Gary M. "Justice Delayed is Justice Denied." Ontario History 108, no. 2 (2018): 156–88. http://dx.doi.org/10.7202/1050593ar.
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In 1811, William and James Crooks of Niagara built the schooner Lord Nelson. A year later, that vessel was seized by the United States Navy for violating American law, beginning a case unique in the relations between the United States, Great Britain and Canada. Although the seizure was declared illegal by an American court, settlement was delayed by actions taken (or not taken) by the American courts, Congress and the executive, the Canadian provincial and national governments, the British government, wars, rebellions, crime, international disputes and tribunals. It was 1930 before twenty-five descendants of the two brothers finally received any money.
11
Nascmbene, Bruno. "CURRENT DEVELOPMENTS: I. COMMUNITY COURTS IN THE AREA OF JUDICIAL COOPERATION." International and Comparative Law Quarterly 54, no. 2 (2005): 489–97. http://dx.doi.org/10.1093/iclq/lei016.
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A. The area of freedom, security and justice and the role of the Court of JusticeOne of the subjects which has aroused particular interest in the study of the ‘area of freedom, security and justice’ introduced by the Treaty of Amsterdam as an objective of the European Union (EU) inherent in the principle of the free movement of persons (see the preamble to, and Article 2, the Treaty on EU) is the role of the European Court of Justice (Court). The interest is both theoretical and practical, because one of the main issues is the Court's jurisdiction to give preliminary rulings and thus relations between national and Community courts and the protection of the interests of individuals before national courts wherever there is a conflict between national and Community law and thus a question of interpretation of Community law arises in national proceedings. The Treaty of Nice, which came into force on 1 February 2003, altered the jurisdiction and organisation of the Community judicature and therefore affected the ‘area of freedom, security and justice’.1
12
Guastaferro, Barbara. "The unexpectedly talkative ‘dumb son’: the Italian Constitutional Court’s dialogue with the European Court of Justice in protecting temporary workers’ rights in the public education sector." European Constitutional Law Review 13, no. 3 (2017): 493–524. http://dx.doi.org/10.1017/s1574019617000220.
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Judicial cooperation – Italian Constitutional Court – National Constitutional Courts’ attitude towards preliminary reference to the European Court of Justice – First and second preliminary reference of the Italian Constitutional Court inindirectproceedings – Constitutional review of national legislation inconsistent with EU law – Relationship between EU law and constitutional concerns – Added value of Constitutional Courts in protecting constitutional identity – Multilevel protection of fundamental rights – EU Framework agreement on fixed-term work and European Court of Justice case law – Italian legislation on fixed-term work – Italian legislation on recruitment in State schools – Abuse arising from the use of successive fixed-term employment contracts – Judicial defence of workers’ rights – Cooperation between judges and legislators – Balancing between social rights and budgetary constraints –Mascolocase –Tariccocase
13
Aliverti, Ana, and Rachel Seoighe. "Lost in Translation? Examining the Role of Court Interpreters in Cases Involving Foreign National Defendants in England and Wales." New Criminal Law Review 20, no. 1 (2017): 130–56. http://dx.doi.org/10.1525/nclr.2017.20.1.130.
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Court interpreters have seldom been featured in studies on the criminal courts. Until recently, cases requiring court interpreters were rare and marginal. The peculiarity and historical rarity of these cases may explain the lack of academic consideration of the work of court interpreters in the criminal justice literature. Rapid demographic changes brought about by mass migration, however, are changing the make-up of criminal justice proceedings, rendering court interpreters key participants and inexorable aides for the everyday running of the criminal justice system. This article examines the increased reliance on interpreters and the nature of their involvement in criminal justice proceedings. It will explore the relationship between interpreters and defendants, on the one hand, and between interpreters, counsels, and judges, on the other. Drawing on empirical data stemming from a research project on foreign national defendants conducted in Birmingham’s criminal courts, we explore issues of trust and reliability underpinning the intervention of court interpreters and the implications of these interventions for the defendant’s case. The use of interpreters aims first and foremost to ensure the defendant’s right to defense. Yet, as we show, their intervention is often propelled or hindered by instrumental, procedural, or logistical reasons, intimately linked to the rapid transformation of the demography of defendants and the privatization of services related to the criminal justice system.
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Bobek, Michal. "On the Application of European Law in (Not Only) the Courts of the New Member States: ‘Don’t Do as I Say’?" Cambridge Yearbook of European Legal Studies 10 (2008): 1–34. http://dx.doi.org/10.1017/s1528887000001245.
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In the classical narratives of the story called European integration, national judges are said to have a ‘mandate’ under European law: they are ‘empowered’ by EC law or, in the less thrilling versions of the story, they simply become ‘Community judges’. Not only are national judges obliged to apply substantive EC law, they are also requested to apply it in the way required by the Court of Justice. How, precisely, national judges are asked to apply EC law in domestic courts has traditionally been portrayed through the case law of the Court of Justice; not much attention has been paid to the reality in national courts. Over the years, the case law of the Court of Justice has created an image of a veritable European judicial Hercules: a judge who reads in many of the official languages of the European Union; who knows not only all the relevant national and European law, which he or she applies ex officio, but also engages in comparative interpretation of the law; who identifies him- or herself with the European telos which he or she is applying on the national level; and so on.
15
Pedrosa, Kendro. "The Decentralised Enforcement of the Provisions on Measurement and Assessment of Air Quality under Directive 2008/50/EC." Journal for European Environmental & Planning Law 17, no. 2 (2020): 247–61. http://dx.doi.org/10.1163/18760104-01702007.
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In the Craeynest case, the Court of Justice interpreted some of the core provisions of the Air Quality Directive 2008/50 in a preliminary ruling. Firstly, the court ruled that national courts may review the siting of sampling points. This manuscript pays special attention to the minimum standard of review that national judges must perform and considers to what extent the Court of Justice departs from its established case law. Secondly, the Court considered that, for an exceedance of a limit value within a zone to exist, it suffices that a pollution level higher than that value is measured at a single sampling point. Thus, the results of all sampling points within a zone must not be averaged. The ruling can be considered as a landmark judgment, as it strengthens the role of citizens, engo’s and national courts in the decentral enforcement of the Air Quality Directive.
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Sorokina, Elena. "The preliminary ruling procedure at the court of justice of the European Union and transformation of European anti-discrimination law." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 3 (2020): 66–72. http://dx.doi.org/10.35750/2071-8284-2020-3-66-72.
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The preliminary ruling procedure is an essential feature of the EU legal system, which is a unique cooperation tool as part of the dialogue between the Court of Justice of the EU and national courts of the Member States. Its main purpose is to ensure uniform interpretation and application of the provisions of EU law with all Member States and to preserve the uniformity of the European legal system. The continuous use by national courts of the Member States of the mechanism of preliminary ruling and constructive inter-judicial cooperation, the Court of Justice has developed an extremely extensive case law on the prohibition of discrimination and with the result to introduce substantial changes in European anti-discrimination law.The preliminary rulings of the Court of Justice have shown its inclination to expand notions of what constitutes discrimination and in most cases the Court prompt by the desire to interpret the provisions of European law so as to ensure the full effectiveness of the law, as well as a willingness to promote and strengthen protection against discrimination in Europe. While the protection against discrimination on some grounds is stronger than others, however, the preliminary rulings of the Court of Justice are important contribution to the transformation of anti-discrimination law, promote change in the national legislation of the Member States and provide the more effective protection of human rights in general.
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Bothe, Michael. "THE DECISION OF THE ITALIAN CONSTITUTIONAL COURT CONCERNING THE JURISDICTIONAL IMMUNITIES OF GERMANY." Italian Yearbook of International Law Online 24, no. 1 (2015): 25–35. http://dx.doi.org/10.1163/22116133-90000071a.
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In judgment No. 238/2014 the Italian Constitutional Court held that the Italian Constitution required Italian courts to disregard the decision of the International Court of Justice (ICJ) upholding Germany’s jurisdictional immunity and to continue proceedings against Germany concerning actions for damages arising out of war crimes and crimes against humanity committed by Germany during the Second World War. The Court balanced the constitutional value of respect for international law, demanding respect for the binding force of the ICJ judgment, against the value of enforcing fundamental rights, and gave precedence to the latter. This type of balancing has also been employed by the Court of Justice of the European Union and by the German Constitutional Court. Where the highest national courts prefer constitutional values over States’ international obligations, they cause a dilemma for other State organs as from the international perspective no State may rely on its internal law to justify non-performance of international norms. Yet the decision of the Italian Constitutional Court has attempted to close a “justice gap” in the regulation of the treatment of victims of international crimes committed during the Second World War. It is therefore hoped that the two governments follow the admonition of the ICJ to reopen negotiations.
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Baude, Agnes. "Protecting the Union Rule of Law Through National Court Scrutiny? A Comment on Joined Cases C-354/20 PPU and C-412/20 PPU L and P’." Nordic Journal of European Law 4, no. 1 (2021): 112–30. http://dx.doi.org/10.36969/njel.v4i1.23472.
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This contribution is a comment on the ECJ’s judgment of 20th December 2020 in L and P, which is a follow-up on the Court’s earlier ruling in LM – Minister for Justice and Equality (Deficiencies in the system of justice). It covers the key findings of the Advocate General’s Opinion, the judgment of the Court of Justice and the following implications for the national courts within the Judicial cooperation in criminal matters. The analysis investigates the case-law from a constitutional as well as a national perspective, with its main focus on pivotal considerations for the national courts within the execution of a European Arrest Warrant issued by a Rule of Law-backsliding country. The theoretical horizontal dialogue established by the Court is scrutinised in an attempt to concretise the diverse steps of the national examination of the judiciary in the issuing Member State.
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Manes, Vittorio. "Some lessons from the Taricco saga." New Journal of European Criminal Law 9, no. 1 (2018): 12–17. http://dx.doi.org/10.1177/2032284418761393.
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The Taricco saga represents a fundamental step into the evolution of ‘EU criminal law’ as for the relationship between the Court of Justice and national constitutional courts. The primacy of EU law, the counter-limits, together with the protection of fundamental rights, have come under the spotlight since the Court of Justice has denied in practice the obligation to disapply national provisions contrasting with EU law that in principle is still regarded as necessary. The path of `European criminal law’ appears long and winding, requiring the cooperation among national and supranational level to be strengthened instead of undermined.
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Ježová, Daniela. "Selected Judgments of Constitutional Court of Slovak Republic Regarding the Preliminary Ruling Procedure." International and Comparative Law Review 13, no. 1 (2013): 87–96. http://dx.doi.org/10.1515/iclr-2016-0060.
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Abstract This article deals with the question of the obligation to refer a preliminary reference to the Court of Justice and when the national courts breach its obligation to refer. In case when the national court breach its obligation to refer the issue of violation of the constitutional right of individual arises. The article provides insight in terms of constitutional law on the fundamental right with connection to the violation of the obligation of national court to refer.
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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 European Court of Human Rights, as regards the Community legal order's protection of the rights guaranteed by the European Convention of Human Rights (ECHR).
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Campbell, Kirsten. "Building National and Regional Accountability for Conflict Related Sexual Violence." International Human Rights Law Review 7, no. 2 (2018): 201–24. http://dx.doi.org/10.1163/22131035-00702001.
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The jurisdiction of the African Court of Justice and Human and Peoples’ Rights (acjhpr) will include international crimes of conflict-related sexual violence (crsv). This article explores the challenges the Court is likely to face in building regional and national accountability for crsv, by considering the lessons that might be learnt from the experiences of the former Yugoslavia in prosecuting these crimes. The article focuses on the two key challenges of developing ‘best practice’ within regional and national courts, and of linking these prosecutions to peace processes and post-conflict reconstruction. To address these challenges, the article argues for a ‘gender justice framework’ of guiding principles to ensure effective and equitable crsv prosecutions.
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Марку, Жерар, and Zherar Marku. "A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16130.
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Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise to a number of variants based on national and political context. The first model is the council of State, joining judicial review and advisory functions for the government. Initially an ancillary body it turned to be an independant supreme administrative court, with broad competence, including contracts and torts, while exercising further advisory functions. Another model is based on a unique administrative supreme court, with exclusive judicial review functions of a narrower scope, although some exceptions can be found where judicial review was transferred from a former council of State. A last model, probably most widespread nowadays, can be characterised as judicial review by the general supreme court. Institutionally there no dualism. The judiciary is also vested with judicial review of administrative authorities. Typical of common law countries, this organization can be found also in countries of administrative law. In reality, there is dualism as regards procedures, substantial law and the powers of judges in administrative matters. In numerous cases administrative courts are organised inside of ordinary courts. Whatever the form of administrative justice it is essential to secure the independence of judges, to give them the capacity of substantial review of administrative acts, to facilitate the access to administrative judges and to guarantee the execution of courts decisions.
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DAVIES, BILL. "Pushing Back: What Happens When Member States Resist the European Court of Justice? A Multi-Modal Approach to the History of European Law." Contemporary European History 21, no. 3 (2012): 417–35. http://dx.doi.org/10.1017/s0960777312000276.
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AbstractEstablished explanations of the development of the European legal system focus on the decisive power of the Court of Justice in determining the system's practice and parameters. Even accounts highlighting the various interlocutors involved with the Court are ultimately drawn to Luxembourg as the fulcrum of decision. However, these approaches neglect the equally constitutive role played by national courts, particularly when resisting the European Court of Justice (ECJ). By analysing the important consequences of the German Constitutional Court's Solange decision of 1974, this paper argues that we must complicate our retelling of the European Union's (EU) legal history by rethinking the importance of national-level agency.
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Jurkowska-Gomułka, Agata. "Antitrust Damage Claims: A View From Efta Court." Market and Competition Law Review 3, no. 2 (2020): 153–70. http://dx.doi.org/10.7559/mclawreview.2019.1829.
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Articles 101 and 102 TFEU have become a pattern for competition rules provided in Articles 53 and 54 of the EEA Agreement, which entered into force on 1 January 1994. Both EU competition law and EEA competition law can be enforced before national courts. Lodging damage claims in the EU was facilitated by Directive 2014/104/EU. The so-called Antitrust Damages Directive was highly inspired by the jurisprudence of the Court of Justice of the European Union. Although Directive 2014/104/EU has not been incorporated into the EEA law, damage claims resulting from violations of EEA competition rules are judged by national courts in the EEA Member States, which is why some aspects of private enforcement of competition law have become a point of interest for the EFTA Court, being – together with the Court of Justice of the European Union – the EEA court. Firstly, the article aims at checking if the EFTA Court jurisprudence on antitrust damage claims follows the guidelines formulated in the case law of the Court of Justice. Since the positive answer to this question is highly probable, secondly, the article aims at identifying the extent of the impact of EU jurisprudence in private enforcement cases on judgments of the EFTA Court. The article concludes that the EFTA Court’s activities regarding antitrust damage claims follow the route indicated by the Court of Justice of the European Union. Four identified judgments regarding – directly or indirectly – antitrust damage claims (Nye Kystlink, Fjarskipti, Schenker I and Schenker V), delivered by the EFTA Court, seem to strengthen its position as an institution that is able to guarantee a coherence between EEA and EU competition law. EFTA Court’s judgments in private enforcement cases are also a point of interest and reference for EU Advocates General and can become an inspiration for both EU and national case law.
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Ubah, Charles B. A., and Osy E. Nwebo. "International Criminal Court." International Journal for Innovation Education and Research 3, no. 9 (2015): 41–51. http://dx.doi.org/10.31686/ijier.vol3.iss9.431.
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The principle of domestic jurisdiction in international law makes national governments responsible for protecting their citizens, investigating alleged abuses of human rights in their countries and bringing the perpetrators to justice. They governments may also extradite those accused of abuse of human rights to any other states prepared to give them a fair trial. Problem arises however, when governments are unable or unwilling to perform this duty or are themselves perpetrators of these crimes. Thus, millions of people have fallen victims of genocide, crimes against humanity and serious violations of humanitarian laws. But only very few of these perpetrators have been brought to justice in national courts as many governments claim sanctuary under the principle of domestic jurisdiction. The need therefore arises for the international community to act in order to protect helpless or defenseless citizens from being victims of crimes against humanity and human rights abuses, by bringing the perpetrators of these crimes to justice. The thrust of this article therefore, is that the creation of the International Criminal Court (ICC) fills this void by fulfilling a central and pivotal goal in international jurisprudence. This article, therefore, provides insights and lessons into the history and prospects of the International Criminal Court. These are insights and lessons that are too important and too costly to ignore in the 21st century understanding of international criminal justice system.
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Newman, Karl, and Christopher Harding. "III. Competition." International and Comparative Law Quarterly 45, no. 1 (1996): 226–30. http://dx.doi.org/10.1017/s0020589300058760.
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In the period covered by this note (early 1994 to the middle of 1995) some signifi cant and interesting judgments have been handed down by the Court of Justice and the Court of First Instance on both substantive and procedural issues of competition law, in particular that of the Court of Justice in the Magill case, which deals with the relationship between Article 86 and intellectual property rights. In the legislative field there is now a group exemption on the operation of liner transport services. As regards general problems of enforcement, the Commission's 1993 Notice on Co-operation between National Courts and the Commission1 has provoked a good deal of discussion and a number of commentators and also the Commission itself are now advocating sharing responsibility for enforcement with national competition authorities rather than relying on the direct effect of Articles 85(1) and 86 being invoked before national courts.2
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Martufi, Adriano. "The paths of offender rehabilitation and the European dimension of punishment: New challenges for an old ideal?" Maastricht Journal of European and Comparative Law 25, no. 6 (2018): 672–88. http://dx.doi.org/10.1177/1023263x18820678.
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In recent years, the aim of offender rehabilitation has grown to become one of the most prominent features of European penal policy. European legal texts, however, lack a clear definition of this concept, thus leaving to supranational Courts the responsibility of clarifying its meaning. This article analyses the case law of European Court of Human Rights and the Court of Justice of the European Union as regards rehabilitation. It argues that the Europeanization of criminal justice is generally contributing to a re-conceptualization of this aim of punishment with relevant implications for the national criminal justice system and its actors. Finally, the article underscores the differences in the approach to rehabilitation between the two Courts, trying to assess their potential impact on national law and their significance in the broader context of European penal policy.
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Méndez, Juan E. "National Reconciliation, Transnational Justice, and the International Criminal Court." Ethics & International Affairs 15, no. 1 (2001): 25–44. http://dx.doi.org/10.1111/j.1747-7093.2001.tb00341.x.
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Universal jurisdiction and the existence of an International Criminal Court (ICC) under the Rome Statute provide a framework through which true reconciliation can be achieved simultaneously with truth and justice. The ICC and universal jurisdiction can be viewed as laying out objective limits on the power of domestic and international actors to seek peace at any cost.This paper argues that those objective limits are not necessarily inimical to a just peace, nor are an undue burden on peacemakers. On the contrary, they can set parameters whereby a just and lasting peace can be differentiated from impunity achieved through blackmail.The first step is to take a hard look at whether international standards of accountability for gross abuses have been met. At the same time, the examination of any specific scheme of domestic accountability cannot be done on a blanket basis. It will require a close look at conditions prevailing in the country, both at the time the scheme was adopted and later; at the policies adopted and how they were meant to advance the process of national reconciliation; at who adopted those measures and how; and at concrete applications of the scheme to individual cases.Even applying this exacting standard, there will be cases in which the best course of action for the ICC and for third country courts will be to defer to the greater wisdom of local actors operating in good faith, and to decline to prosecute.
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Šāberte, Laura. "Pacienta tiesības saņemt pārrobežu veselības aprūpes pakalpojumu, ja pacienta piederības dalībvalstī ir pieejama efektīva stacionārā ārstēšana, taču izmantotā ārstēšanas metode neatbilst pacienta reliģiskajai pārliecībai." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 20 (2021): 160–87. http://dx.doi.org/10.25143/socr.20.2021.2.160-187.
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In October 29th, 2020, the Court of Justice of the European Union delivered a judgment in case A. vs Ministry of Health, No C-243/19. The Court in the judgment analysed significant legal issues relevant to Latvia. Therefore, the aim of the article is to analyse the main proceedings about the patient’s right to cross-border healthcare when effective hospital treatment is available in the patient’s Member State but the method of treatment used is against the patient’s religious beliefs. The article also aims to analyse whether the principle of objective investigation and prohibition of legal obstruction by institutions and courts in accordance with Administrative Procedure Law have been obeyed. In the article, European Union and national legal framework and scientific literature in the field of patient’s right to receive cross-border healthcare have been analysed. Facts of main proceedings in national court cases and request to Court of Justice of the European Union for preliminary ruling from the Senate of the Supreme Court of the Republic of Latvia have been studied as well. Next, the Advocate General Gerard Hogan’s opinion and judgment of the Court of Justice of the European Union has been analysed. Further, the judgement of the Senate of the Supreme Court of the Republic of Latvia has been investigated. Upon concluding the article, the author draws attention to certain issues of national court’s legal analysis, which could be incompatible with the principle of objective investigation and prohibition of legal obstruction by institutions and courts.
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Neamt, Valentin Paul. "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." Journal of Legal Studies 17, no. 31 (2016): 24–36. http://dx.doi.org/10.1515/jles-2016-0003.
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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.
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Alter, Karen J., and Laurence R. Helfer. "Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice." International Organization 64, no. 4 (2010): 563–92. http://dx.doi.org/10.1017/s0020818310000238.
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AbstractAre international courts power-seeking by nature, expanding the reach and scope of international rules and the courts' authority where permissive conditions allow? Or, does expansionist lawmaking require special nurturing? We investigate the relative influences of nature versus nurture by comparing expansionist lawmaking in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ's jurisdictional cousin and the third most active international court. We argue that international judges are more likely to become expansionist lawmakers where they are supported by substate interlocutors and compliance constituencies, including government officials, advocacy networks, national judges, and administrative agencies. This comparison of two structurally identical international courts calls into question prevailing explanations of ECJ lawmaking, and it suggests that prevailing scholarship puts too much emphasis on the self-interested power-seeking of judges, the importance of institutional design features, and the preferences of governments to explain lawmaking by international courts.
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Galperin, M. L. "Amendments to the Constitution and Issues of Interpretation in National and International Justice." Actual Problems of Russian Law 15, no. 12 (2020): 181–89. http://dx.doi.org/10.17803/1994-1471.2020.121.12.181-189.
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The paper examines the changes made to the Constitution of the Russian Federation through the prism of the current problem of interpretation by international and national courts of the rule of law, since approaches to the interpretation of any legal text are of fundamental importance. The questions of interpretation have already ceased to be technical in nature. Different approaches to interpretation determine what the democracy and people’s rule mean, the relationship between law and politics, the place of the country in the international system of coordinates. Special attention is given to the term and the problem of "interpretation" — one of the novels of the Russian Constitution. The author addresses the question of what “an interpretation contrary to the Constitution” means. It is precisely the different understanding of the same norms by the courts, the use of different approaches to the interpretation of legal texts that can lead to conflicts and even conflicts of jurisdictions resulting in serious consequences. The paper critically evaluates the application of the so-called evolutionary, broad interpretation of the European Court of Human Rights, which encourages states to develop mechanisms in national legal systems to protect against arbitrary decisions of the international court. In addition to the evolutionary one, the paper examines other modern approaches to interpretation: consequentialism, textualism, and originalism. The problems of interpretation are considered based on an analysis of the practice of the European Court of Human Rights, the Court of the European Union, American and European legal doctrine.
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Skidmore, P. "Labour Law in the Courts: National Judges and the European Court of Justice." Industrial Law Journal 32, no. 4 (2003): 334–37. http://dx.doi.org/10.1093/ilj/32.4.334-b.
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Chigara, Benedict Abrahamson. "The Administration of International Law in National Courts and the Legitimacy of International Law." International Criminal Law Review 17, no. 5 (2017): 909–34. http://dx.doi.org/10.1163/15718123-01705004.
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Increasingly, national courts find themselves called upon to determine matters where un lex specialis; regional supranational law; customary international law and domestic law all appear relevant. Lower court judges may be challenged significantly because such matters often lie beyond their day-to-day practice of interpreting and applying national law to local legal issues. This article recommends that to ensure both justice and legitimacy of international law, national courts − especially lower courts, should a priori consider whether the matters before them would be best served by appointing an expert academician ‘friend of the court’ to illuminate the contested applicable international law.
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Clopton, Zachary. "National Injunctions and Preclusion." Michigan Law Review, no. 118.1 (2019): 1–45. http://dx.doi.org/10.36644/mlr.118.1.national.
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Critics of national injunctions are lining up. Attorney General Jeff Sessions labeled these injunctions “absurd” and “simply unsustainable.” Justice Clarence Thomas called them “legally and historically dubious,” while Justice Neil Gorsuch mockingly referred to them as “cosmic injunctions.” Scholars in leading law reviews have called for their demise. Critics argue that national injunctions encourage forum shopping, unfairly burden the federal government, and depart from the history of equity. They also claim that national injunctions contradict the Supreme Court’s decision in United States v. Mendoza to exempt the federal government from offensive nonmutual issue preclusion—a doctrine that permits nonparties to benefit from a prior finding against a party from an earlier case. Critics are right to identify the connection between national injunctions and nonmutual preclusion. Both of these doctrines describe when judgments can benefit nonparties. But critics are wrong to see Mendoza as an argument against national injunctions. For one thing, the rise of nonmutual preclusion that prompted Mendoza undercuts crucial arguments against national injunctions by offering an alternative explanation for the absence of analogous injunctions in the history of equity. For another, Mendoza was not preordained; instead, it was a highly policy-driven decision. And Mendoza’s policy arguments were dubious when it was decided and even more dubious today. Scrutinizing these arguments should make us less comfortable in extending Mendoza to a new context—as the Supreme Court may be poised to do. Indeed, this Article goes one step further. The Supreme Court or Congress should take advantage of the attention on nonparty relief to reconsider, and overrule, Mendoza. Federal-government litigants do not deserve special treatment with respect to preclusion in every case, and the existing rules of preclusion adequately protect the interests purportedly at stake in Mendoza. Moreover, rejecting Mendoza has feedback effects for the national-injunctions debate. Overruling Mendoza would not only reduce the need for national injunctions (because preclusion could do some of the work) but also provide a framework for limiting national injunctions without eliminating them completely. This is especially important given recent decisions that make relying on class actions a tenuous response. More generally, overruling Mendoza would create a system that is fairer to governmental and nongovernmental litigants alike while reaffirming each branch’s role in the making of national policy.
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Schwebel, Stephen M. "National Judges and Judges Ad Hoc of the International Court of Justice." International and Comparative Law Quarterly 48, no. 4 (1999): 889–900. http://dx.doi.org/10.1017/s0020589300063727.
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When the Statute of the Permanent Court of International Justice was drafted by an Advisory Committee of Jurists in 1920, a paramount question was, should a judge of the nationality of a State party to the case sit?The sensitivity of the issue was encapsulated by a report of a committee of the Court in 1927 on the occasion of a revision of the Rules of Court. It observed that: “In the attempt to establish international courts of justice, the fundamental problem always has been, and probably always will be, that of the representation of the litigants in the constitution of the tribunal. Of all influences to which men are subject, none is more powerful, more pervasive, or more subtle, than the tie of allegiance that binds them to the land of their homes and kindred and to the great sources of the honours and preferments for which they are so ready to spend their fortunes and to risk their lives. This fact, known to all the world, the [Court's] Statute frankly recognises and deals with.”1
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Spiermann, Ole. "A Permanent Court of International Justice." Nordic Journal of International Law 72, no. 3 (2003): 399–418. http://dx.doi.org/10.1163/157181003771013816.
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AbstractThe Permanent Court of International Justice was the first significant court of justice at the international level. Its active life spanned over two decades and yielded an international judiciary while exploring the merits of international adjudication and international law when put into practice. It was partly due to the legacy of the Permanent Court that the second half of the twentieth century witnessed several other successful projects of international justice. At the same time, the decisions of the Permanent Court indicated some of the pertinent problems of international adjudication, notably the omnipresent risk of judges being influenced by national tendencies and traditions with parochial views of international law in result.
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Lee, Edward G., and Edward McWhinney. "The 1987 Elections to the International Court of Justice." Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988): 379–88. http://dx.doi.org/10.1017/s006900580000326x.
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The Statute of the International Court of Justice specifies that the nominations of candidates for election to the Court shall be made by “national groups” constituted either by the national groups in the Permanent Court of Arbitration (PGA), or by national groups appointed for this purpose “under the same conditions” as those prescribed for members of the PCA under the Hague Convention of 1907. As of May 1987, about half the member states of the United Nations — seventy-six out of one hundred and fifty-eight — were members of the PCA, but among these only sixty-two had functioning national groups. Official United Nations documents show that a great many national groups from other states, perhaps created on an ad hoc basis for the regular elections to the Court, submit nominations as provided under Article 4(2) of the Statute. Once a candidate has been nominated by one or more national groups, the state of which he is a national is free to decide whether formally to sponsor his candidacy and to seek the support of other states in the elections to be held in the General Assembly and the Security Council.
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Van Ballegooij, Wouter, and Petra Bárd. "Mutual Recognition and Individual Rights." New Journal of European Criminal Law 7, no. 4 (2016): 439–64. http://dx.doi.org/10.1177/203228441600700405.
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This article focuses on the case-law of the Court of Justice and the dialogue it conducted with national apex courts when seeking to reconcile the ‘free movement of judicial decisions’, as facilitated by mutual recognition, and individual rights in its interpretation of the Framework Decision on the European Arrest Warrant. The present analysis shall concentrate on the recent judgment in Aranyosi and Căldăraru. The article concludes that for the sake of legal certainty, more guidance should be provided under EU legislation to make sure that judicial cooperation does not lead to disproportionate intrusions on individual rights or even violations of absolute rights. This should be accompanied by a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. Ultimately, however, the courts will have to play a crucial role in carving out and applying fundamental rights exceptions. In providing guidance to national courts, the Court of Justice needs to further clarify that the application of mutual recognition and fundamental rights exceptions are not in conflict and show proper deference to the norms developed by the European Court of Human Rights and national (constitutional) courts.
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STANCU, Mirela. "Reflectarea jurisprudenței Curții de Justiție a Uniunii Europene privind clauzele abuzive în materia executării silite în dreptul român, în special în ceea ce privește regimul contestației la executare." Analele Universitării din București Drept 2021, no. 2021 (2021): 208–24. http://dx.doi.org/10.31178/aubd.2021.14.
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"Although the jurisprudence of the Court of Justice of the European Union is commonly reflected in the practice of the national courts, unfortunately, more than ten years after Romania's accession to the European Union, there are still some syncopations at the legislative level. There are an example in that sense some of the provisions of the Romanian Code of Civil Procedure relating to the contestation against the forced execution (contestatia la executare). Indeed, on closer examination, it appears that these provisions do not fully comply with the requirements which, according to the jurisprudence of the Court of Justice of the European Union, must be respected by national legislation in order to stop the application of unfair terms in contracts concluded by a professional with consumers. The present article aims at such an examination of the provisions of the Romanian Code of Civil Procedure regarding the contestation against the forced execution from the perspective of the jurisprudence of the Court of Justice of the European Union in the field of unfair terms. Thus, after having identified from the jurisprudence of the Court of Justice the requirements that must be met by national legislation in order to stop the application of unfair terms in contracts concluded by a professional with consumers, the provisions of the Romanian Code of Civil Procedure relating to the contestation against the forced execution, the stay of execution and the time limit for the contestation will be examined from the perspective of the said jurisprudence. Finally, and without claiming to be exhaustive, in this article, the author also puts forward a possible interpretation of the national provisions examined from the point of view of the case law of the Court of Justice."
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Várnay, Ernő. "Judicial Passivism at the European Court of Justice?" Hungarian Journal of Legal Studies 60, no. 2 (2019): 127–54. http://dx.doi.org/10.1556/2052.2019.00009.
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AbstractAccording to the generally accepted understanding, judicial activism arises when a court behaves improperly, straying beyond the limits of the judicial function and acting like a legislature.It is convincing that in the great majority of the cases the Court of Justice of the European Union fulfils the roles assigned to it by the founding treaties of the European Union without any excess, but there are decisions which may be characterized as activist, be they necessary or useful for the proper functioning of the European legal system, and there are decisions (refusing or avoiding to decide) which may be qualified as manifestations of judicial passivism.Judicial passivism is defined in the narrow sense of the term, i.e., when the court clearly refuses or avoids to decide the case before it, or does not answer the question legitimately referred to it. In the jurisprudence of the CJEU, such cases arise when the Court systematically waits for the withdrawal of the action, exceeds the reasonable time of the proceedings, or does not answer the question raised in the preliminary ruling procedure by the national court. The inadmissibility of questions referred by national courts may be perceived as passivism when the qualification of ‘not a court or tribunal’ in the sense of Article 267 TFEU is questionable, or when the scope of the EU Charter of Fundamental Rights is defined too narrowly. Cases may arise – at least in theory – in which the Court, while it would be in a position to act, defers the question to the EU or the Member State’s legislator or to the national judge to decide, with the not entirely convincing qualification of the act under scrutiny in annulment proceedings as ‘not an act for the Article 263 TFEU’. The label ‘judicial passivism in a broad sense of the term’ is used when the Court sticks to its position in a questionable manner (conservatism as passivism), steps back from its earlier position, narrowing the scope of EU law expressly or implicitly overruling its former decision, or it introduces new conditions with the same result (retreat).It has been demonstrated that the Court systematically opposed the Member States, the Commission and the parties in the main proceedings, arguing in favour of inadmissibility of referrals for preliminary questions − the Court avoided, in a large number of cases, the temptation of judicial passivism. On the other hand, the Court’s increased rigour in the preliminary ruling procedures is detectable in recent years. The Court took a less benevolent approach towards the qualification of the referring body as ‘court or tribunal’; the questions proved to be ‘hypothetical’ more often than before, and more importantly, the lack of sufficient information regarding the factual and regulatory context led more easily to inadmissibility.The driving forces behind the passivism of the Courts of the European Union are the ‘reasonableness’ of the judiciary in a time of crisis of the European integration, self-defence against the overburden of case-law and against unnecessary pressure from the public, in order to maintain the health of the management of justice and a certain ‘path-dependence’ as far as the traditional theoretical foundations of European integration are concerned.
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Boch, Christine, and Robert Lane. "European Community Law in National Courts: a Continuing Contradiction." Leiden Journal of International Law 5, no. 2 (1992): 171–85. http://dx.doi.org/10.1017/s0922156500002466.
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Unless the law is enforced, it cannot command respect. Securing proper observance and protection of Community rights has long been recognized to be a fundamental challenge for the Community. The burden falls principally to the national courts, guided by the European Court of Justice. However, the guidance offered appears at times at variance with itself. It seems in particular that, in some instances, the obligation of result laid down in directives simply cannot be achieved. This article looks at the case law on remedies developed by the European Court, seeks to identify inconsistencies therein and suggests how they might be cured.
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CASERTA, SALVATORE. "Regional Integration through Law and International Courts – the Interplay between De Jure and De Facto Supranationality in Central America and the Caribbean." Leiden Journal of International Law 30, no. 3 (2017): 579–601. http://dx.doi.org/10.1017/s0922156517000322.
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AbstractThe article proposes an innovative theoretical framework outlining preconditions for Regional International Courts (RICs) to act as engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches to supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ). Both courts have been branded institutional copies of the Court of Justice of the European Union (CJEU); they have even borrowed key jurisprudential principles from the Luxembourg Court with the goal of expanding the reach of Central American and Caribbean Community Laws. Yet, both the CACJ and the CCJ have thus far failed to foster supranationality in their respective systems. This is because the conditions allowing RICs to become engines of integration lie, for the most part, beyond the direct control of the judges, most notably, with other institutional, political, and societal actors, such as national judges, regional organs, legal and political elites, as well as academics. The article thus suggests that RICs can become engines of supranationality only to the extent to which they are supported by a set of institutional, political, and societal pre-conditions allowing for the concrete enforcement of the rulings of the RIC at the regional and national levels.
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Nani, L. "Principles of Regulation of Tax Relations in Romania." Russian Journal of Legal Studies 5, no. 4 (2018): 85–92. http://dx.doi.org/10.17816/rjls18448.
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The maintenance of a balance between the proper execution of a state’s functions and individual interests is secured by the principles of regulation of tax relations. Such principles are defined by the constitutions and the tax legislations of foreign countries. The modern interpretation of the principles of regulation of tax relations is revealed by the relevant jurisprudence. The present article addresses matters of interest for Russia of the application of principles of regulation of tax relations in Romania. Such regulation is based, particularly, on the principles of legality, certainty and specificity, as well as bona fide of the taxpayer. The principles of proportionality and effectiveness of the EU apply in addition to the national level of legal regulation. The guarantor of the observance of such principles is the court: the biggest part of decisions on tax disputes are in favour of the taxpayer. The article represents an attempt to systematize the distinctive features of the realization of the aforementioned principles in the context of the analysis of the relevant jurisprudence of national courts of Romania (the appeal courts, the High court of cassation and justice and the Constitutional court), as well as of the European Court of Justice and the European Court of Human Rights. The identified distinctive features relate to the following matters: compliance with the constitutionally stipulated procedure of enacting tax laws and elimination of contradictions between secondary legislation and tax laws, inadmissibility of the retroactivity of the law, application of legal methods of ascertaining the risk of taxpayers who are to be verified, as well as compliance with tax secrecy requirements. The article contains examples of jurisprudence in the matter of accountability of a state in civil procedure for the illegal appropriation of funds from the taxpayer in the practice of national courts and of the European Court of Justice.
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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 one of the three pillars of the Union, is based on the original concept, which provides for cooperation between the Court of Justice and the national courts. The main task of the Court of Justice, entrusted by the Treaty, is to ensure that in the interpretation and application of the Treaty the law is observed.
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Zhuravel, Mariana. "THE TRANSITION FROM TRADITIONAL TO VIRTUAL COURTS: REALITY OR MYTH FOR THE JUSTICE SYSTEM IN UKRAINE?" Legal Ukraine, no. 12 (October 30, 2020): 17–27. http://dx.doi.org/10.37749/2308-9636-2020-12(216)-2.
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The COVID-19 pandemic has presented difficulties in jurisdictions across the world and accelerated the digitalisation processes of justice. While the world experienced massive distress and healthcare systems worldwide could hardly cope with an increasing number of coronavirus patients, the justice system was also presented with numerous challenges during the various national lockdowns. Since upholding the rule of law through access to justice in a fair trial should under no circumstances be halted, courtrooms remained opened even though these doors had to be virtual or accessed with electronic keys, as was the case in Ukraine. The earlier concept of ESITS and the E-court could have served useful purpose during this time of crisis but it failed due to technical and implementation issues and judges, therefore, had to explore other means to conduct hearings remotely. This article aims to address the situation which Ukrainian courts faced during the time of the pandemic, making reference to foreign practices in the UK and China and concluding with the prospects for virtual justice in Ukraine. Key words: justice system, ESITS, E-court, virtual hearings, traditional courts, Online Court, COVID-19 pandemic, Smart Courts, digitalisation.
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Cartabia, Marta. "Europe and Rights: Taking Dialogue Seriously." European Constitutional Law Review 5, no. 1 (2009): 5–31. http://dx.doi.org/10.1017/s1574019609000054.
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Judicial dialogue – protection of fundamental rights – common constitutional principles – judicial activism – Charter of Fundamental Rights – pluralistic nature of Europe – national particularism – preliminary reference procedure – duty of constitutional courts to participate in dialogue – protection of national constitutional values and traditions – judicial style of European Court of Justice
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Viganò, Francesco. "Melloni overruled? Considerations on the ‘Taricco II’ judgment of the Court of Justice." New Journal of European Criminal Law 9, no. 1 (2018): 18–23. http://dx.doi.org/10.1177/2032284418760926.
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In its M.A.S. preliminary ruling on the questions asked by the Italian Constitutional Court in the wake of Taricco, the Court of Justice chooses now to avoid any conflict with the Italian counterpart and allows the Italian criminal courts not to comply with the obligations laid down in Taricco, insofar as these obligations are inconsistent with the principle of legality in criminal matters in its domestic constitutional dimension. However, several questions remain unanswered. The most awkward question is probably whether or not each Member State will be actually allowed, as the Italian Constitutional Court has been in this case, to be bound by its own national standards of protection of fundamental rights while implementing EU obligations in criminal matters, even if those national standards are higher than those set at a European level – a possibility, which is hardly reconcilable with the principles set forth by the same Court of Justice in Melloni.
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Schiek, Dagmar. "The German Federal Constitutional Court's Ruling on Outright Monetary Transactions (OMT) – Another Step towards National Closure?" German Law Journal 15, no. 2 (2014): 329–42. http://dx.doi.org/10.1017/s2071832200002972.
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The German Federal Constitutional Court (FCC) ruling of 14 January 2014 deserves a thorough evaluation on several accounts: It is the first ever reference by the FCC to the Court of Justice of the European Union (CJEU), it represents a continuation of FCC case law aimed at restricting the impact of European Union law as interpreted by the Court of Justices of the European Union (CJEU) on German law as well as questioning Germany's participation in an ever closer European Union, and it has the potential to dictate the future course of the EU's Economic and Monetary Union (EMU).