To see the other types of publications on this topic, follow the link: Scope of application of EU law.
Journal articles on the topic 'Scope of application of EU law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Scope of application of EU law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Talus, Kim. "Risks of Expanding the Geographical Scope of EU Energy Law." European Energy and Environmental Law Review 26, Issue 5 (October 1, 2017): 138–47. http://dx.doi.org/10.54648/eelr2017018.
Full textAbstract:
In the pursuit of its energy policy objectives, the EU has endeavoured to extend the application of internal energy law to non-EU countries. Until now the application of EU law has. in this context, focused on specific provisions of private law, but the latest proposals from the Commission have the intention to give EU energy law wider extraterritorial effect. The objective of this Article is to examine the risks that would entail from international law, if EU energy law is extended extraterritorially to non-EU countries. For one, the United Nations Convention on the Law of the Seas (UNCLOS) establishes a number of rights to marine pipelines. More generally, the international trade rules of the WTO apply also to trade in energy goods and consequently create a number of rights and obligations. These aspects are discussed in relation to various territories that export natural gas to the EU via pipeline.
2
Bungenberg, Marc. "The Scope of Application of EU (Model) Investment Agreements." Journal of World Investment & Trade 15, no. 3-4 (July 28, 2014): 402–21. http://dx.doi.org/10.1163/22119000-01504004.
Full textAbstract:
The contribution examines the personal and material scope of application of future eu International Investment Agreements. Therefore the notions of 'investor' and 'investment' are discussed. The scope of application of iias is one of the most important issues in investment law, as it determines the application of material standards as well as the possibility of investor state dispute settlement. On a comparative basis, the chapter examines the eu approach to this issue. Also the coverage of State owned Enterprises as well as Sovereign Wealth Funds is paid specific attention to. Especially the draft investment chapter of the EU-Canada Comprehensive Economic and Trade Agreement (ceta) is taken as a first orientation for possible wording and structure as well as intention of the scope of application of future eu iias.
3
Ochnio, Ariadna H. "The problematic scope of extended confiscation in comparative perspective." Nowa Kodyfikacja Prawa Karnego 52 (December 13, 2019): 119–33. http://dx.doi.org/10.19195/2084-5065.52.8.
Full textAbstract:
The scope of extended confiscation is determined, inter alia, by the choice of triggering offences in Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The question arises whether EU law guarantees appropriate limits of extended confiscation considering its specificity and the growing range of application in national legal orders. The study compared the normative framework of extended confiscation adopted in the criminal law of Poland, Romania, Germany, Austria, France, Spain, Finland, the Netherlands, and England and Wales. The list of offences, relevant for the scope of extended confiscation, is to be assessed by the Commission by 4 October 2019. The conclusions of the study concern the need to introduce, at the level of EU law, adequate safeguards against the disproportionate application of extended confiscation.
4
Van Peijpe, Taco. "EU Limits for the Personal Scope of Employment Law." European Labour Law Journal 3, no. 1 (March 2012): 35–53. http://dx.doi.org/10.1177/201395251200300104.
Full textAbstract:
EU Member States are obliged to protect all labourers who fall within the scope of EU labour law. The Member States are free, in principle, to extend the scope of protection by applying a worker concept which includes the economically dependent self-employed. EU free movement principles restrict this freedom of the Member States to apply their own worker concepts. The ECJ makes this freedom almost illusory through a strict application of the subordination criterion for the definition of the concept of ‘worker’, as laid down in its Lawrie-Blum case law. If the ECJ would develop a positive and narrow definition of the concept of self-employed persons, then the Member States would retain the freedom which is necessary to extend adequate protection to the economically dependent self-employed, and to combat bogus self-employment. A few judgments of the ECJ contain materials for the development of such a definition of self-employed persons.
5
Van Leeuwen, Barend. "Market Access, the New Approach and Private Law." European Review of Private Law 27, Issue 2 (April 1, 2019): 269–91. http://dx.doi.org/10.54648/erpl2019016.
Full textAbstract:
In James Elliott and Schmitt, the ECJ refused to extend the scope of application of European standards adopted under the New Approach to private law disputes. This article argues that the ECJ’s judgments were based on a static interpretation of the concept of market access, which is inconsistent with how the concept of market access has been developed in free movement of goods cases under Article 34 TFEU. It argues for a more consistent and dynamic interpretation of market access. Such an approach would bring private liability cases like James Elliott and Schmitt within the scope of application of EU law. As a result, the conditions and requirements for liability in private law could be reviewed by the ECJ. If the ECJ is not willing to extend the scope of application of the New Approach in this way, the EU legislature should include rules on private liability in the directives adopted under the New Approach.
6
Burdová, Katarína. "EU international family law and third states." Bratislava Law Review 1, no. 1 (October 1, 2017): 143–48. http://dx.doi.org/10.46282/blr.2017.1.1.69.
Full textAbstract:
The aim of this contribution is to consider whether common provisions of the Brussels IIbis Regulation and of the Maintenance Regulation supersede the national rules only in so far as a given situation has substantial connections to the EU or in all situations irrespective of such connections. We will consider external effect (effect on extra-Union cross-border family cases) of the abovementioned Regulations on the basis of analysis of personal-territorial scope of their application.
7
Hryniewicz-Lach, Elżbieta. "Expanding Confiscation and its Dimensions in EU Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 31, no. 3-4 (December 27, 2023): 243–67. http://dx.doi.org/10.1163/15718174-bja10046.
Full textAbstract:
Abstract This article presents the types of extensions observed in the field of asset confiscation in EU criminal law: the extension of the scope of eligible assets at the EU level, the extensive implementation of relevant EU law into national legal orders and the expansion of the territorial effectiveness of confiscation orders. The attention is given also to the EU’s legislative competence in the field of confiscation and to expanding the basis for the application of asset confiscation at the EU level. The article is concluded with some observations on important aspects of asset confiscation, which should be taken into account by broadening the scope of confiscation at the EU level. In the article presented are partial results of research project: ‘Extended confiscation and its justification in light of fundamental rights and general principles of EU law’, financed by the National Science Centre, Poland, in years 2021–2024 (project number: 2020/39/d/hs5/01114).
8
Reich, Norbert, and Olha O. Cherednychenko. "The Constitutionalization of European Private Law: Gateways, Constraints, and Challenges." European Review of Private Law 23, Issue 5 (October 1, 2015): 797–827. http://dx.doi.org/10.54648/erpl2015049.
Full textAbstract:
Abstract: It seems to be undisputed today that the harmonization of private law in Europe cannot take place without taking fundamental rights into account. Yet many questions still exist as to how and to what extent EU and national private law can and should be influenced by fundamental rights enshrined in the EU Charter of Fundamental Rights. This contribution aims to explore gateways to the EU constitutionalization of private law, constraints thereon, and challenges posed thereby, with a particular focus on contract law in the consumer, employment, and financial services context. After a methodological introduction explaining the special nature of the fundamental rights protection in the EU legal order (s. 1), the authors develop a general framework within which the EU constitutionalization of private law takes place (s. 2). Subsequently, they proceed to examine the fundamental rights scrutiny of EU law and national laws within the scope of EU law (s. 3), the interpretation and application of EU law and national law within its scope in conformity with fundamental rights (s. 4), as well as the controversial concepts of the positive obligations to protect fundamental rights in private relationships (s. 5) and the direct horizontal effect of fundamental rights (s. 6). The contribution concludes with some final observations (s. 7).
9
Van Elsuwege, Peter, and Femke Gremmelprez. "Protecting the Rule of Law in the EU Legal Order: A Constitutional Role for the Court of Justice." European Constitutional Law Review 16, no. 1 (March 2020): 8–32. http://dx.doi.org/10.1017/s1574019620000085.
Full textAbstract:
The rule of law as one of the core constitutional values of the EU legal order – The rule of law in the case law of the Court of Justice of the European Union – Jurisdiction of the Court on the basis of a combined reading of Articles 2 and 19 TEU – Protecting the rule of law in the Common Foreign and Security Policy – Protecting the rule of law in the member states in order to safeguard the structure and functioning of the EU legal order – Limits to the scope of application of EU law
10
Perrou, K. "Case Law Note: The Application Of The Eu Charter Of Fundamental Rights To Tax Procedures: Trends In The Case Law Of The Court Of Justice." Intertax 49, Issue 10 (October 1, 2021): 853–61. http://dx.doi.org/10.54648/taxi2021083.
Full textAbstract:
An increasing number of taxpayers rely on the EU Charter of Fundamental rights to challenge various aspects of tax procedures. However, not all cases are included in the scope of application of the Charter; an association with Union law is required. For VAT cases or for complaints relating to the direct application of provisions of EU directives, it is relatively easy to identify such association. This is not always as easy with cases involving direct taxation or those related to the application of purely national legislation that may, however, be a corollary to Union law provisions. For cases that do not have a connecting element with Union law, protection may be granted under the European Convention on Human Rights (ECHR). Tax procedures, however, are only covered by the ECHR if they relate to a criminal charge, leaving a significant number of normal tax proceedings beyond the scope of fair trial guarantees. The different scope of application and ambit of protection granted by the two instruments might lead to disparities in taxpayer protection. The entry into force of an advisory opinion mechanism before the European Court of Human Rights, similar to the preliminary reference procedure before the Court of Justice, may enhance taxpayer protection in the EU. The latter option, however, is to be used with caution: although referring a case that involves Union law to the ECHR is not expressly prohibited, it could arguably amount to a violation of Union law. Tax treaty, nonresident alien, federal tax exemption benefit, case law precedents.
11
Lenaerts, Koen. "Exploring the Limits of the EU Charter of Fundamental Rights." European Constitutional Law Review 8, no. 3 (October 2012): 375–403. http://dx.doi.org/10.1017/s1574019612000260.
Full textAbstract:
Scope of application of Charter – What does ‘implementing Union law’ mean? – Application of v. derogation from EU law – Asylum cases, N.S. – Familiapress, Schmidberger, Viking – Implementing to include derogation – Annibaldi and Dereci – Interpretation of the Charter – ‘Provided for by law’ – The ‘essence’ of a right or freedom – Legitimate objectives and proportionality – Rights both in EU Treaties and in Charter: citizenship – Charter and ECHR – Constitutional Traditions, level of protection and deference – Article 53 not according to Solange, but like Omega and Sayn-Wittgenstein – Principles and Rights
12
Risak, Martin. "The position of volunteers in EU-working time law." European Labour Law Journal 10, no. 4 (November 18, 2019): 362–69. http://dx.doi.org/10.1177/2031952519886150.
Full textAbstract:
One aspect also addressed in the Matzak case is the personal scope of the Working Time Directive 2003/88 (WTD), as Mr Matzak is a ‘volunteer firefighter’ and it is not clear if such persons are covered by this piece of EU legislation. This article will therefore first explore the notion of ‘volunteer’ and then examine under what circumstances volunteers are to be considered workers for the purpose of the WTD. It will become evident that the element of remuneration/pay has a special relevance in this context although this is not really in line with the health and safety purpose of the WTD. A purposive approach of defining the personal scope of application of the WTD might lead to more suitable results.
13
VAN DEN BRINK, Ton. "The Impact of EU Legislation on National Legal Systems: Towards a New Approach to EU – Member State Relations." Cambridge Yearbook of European Legal Studies 19 (August 7, 2017): 211–35. http://dx.doi.org/10.1017/cel.2017.2.
Full textAbstract:
AbstractHow does EU legislation impact the Member States? Arguably, no other issue is more closely connected to national sovereignty. However, existing research has thus far failed to deliver a univocal answer to this question. Instead, quantitative research – from political scientists and public administration scholars – has resulted in very diverging conclusions. By contrast, the legal perspective on the relationship between the EU and its Member States has been dominated by a focus on the principles of conferral and subsidiarity, as well as on the delineation and use of EU powers. Such an approach makes it equally difficult to identify the actual and concrete impact of EU legislation. Yet, it is contended in this contribution that a legal perspective, focusing on the actual content of EU legislation, is needed to come to a better understanding of the EU’s legislative impact on the Member States.The scope of application and the added value of EU legislation as well as national discretion therein are three key elements for determining the impact of EU legislation. The scope of application concerns the situations covered by EU legislation; added value regards the question of how EU legislation relates to other (pre-existing, overarching and adjacent) EU law. Policy choices and other room for manoeuvre for the Member States included in EU legislation makes for national discretion. Examples may be open norms or non-defined terms and concepts and the possibility to apply exceptions at the national level to general rules of EU legislation. Three areas of EU law are compared, each with a focus on a particular legislative act: migration law (the Family Reunification Directive); freedom to provide services (the Services Directive) and criminal law (the Framework decision on the European Arrest Warrant).
14
Kalaitzaki, Katerina. "The Application of EU Fundamental Rights During the Financial Crisis: EU Citizenship to the Rescue?" European Public Law 27, Issue 2 (July 1, 2021): 331–54. http://dx.doi.org/10.54648/euro2021015.
Full textAbstract:
The procedure of challenging austerity measures for EU fundamental rights violations during the financial crisis has revealed a serious ‘review gap’ due to the – often atypical – nature of financial measures and the Charter’s limited application. This article examines a different way to address the ‘review gap’ by focusing on EU citizenship’s role to provide the ‘way into’ EU law, allowing Charter rights to be invoked in a broader scope of application that would encompass austerity measures challenges. Specifically, Article 20 Treaty on the Functioning of the European Union (TFEU) and the ‘substance of rights’ doctrine can provide that opening, when placed into a different jurisdictional test that also involves the ‘operationalisation’ of Article 2 Treaty on European Union (TEU). This ‘inverse applicability of EU law’ test will allow further rights to be judicially incorporated into the list already expressly articulated in Article 20 TFEU, creating a bridge between what are traditionally conceived as ‘purely internal situations’ and establishing the necessary ‘connecting factor’ to EU law. EU Courts, Right to trial within a reasonable time, Excessive duration of court proceedings, Effective remedies, Damages liability of the EU, Economic harm, Non-material harm, Conditions for liability, Requirements for establishing harm and causation, Significance for EU damages liability law
15
Eksteen, Riaan. "Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights." Laws 9, no. 4 (December 21, 2020): 32. http://dx.doi.org/10.3390/laws9040032.
Full textAbstract:
Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU.
16
Md. Toriqul Islam and Mohammad Ershadul Karim. "EXTRATERRITORIAL APPLICATION OF THE EU GENERAL DATA PROTECTION REGULATION: AN INTERNATIONAL LAW PERSPECTIVE." IIUM Law Journal 28, no. 2 (January 22, 2021): 531–65. http://dx.doi.org/10.31436/iiumlj.v28i2.495.
Full textAbstract:
The General Data Protection Regulation (the GDPR) of the European Union (EU) emerges as a hot-button issue in contemporary global politics, policies, and business. Based on an omnibus legal substance, extensive extraterritorial scope and influential market powers, it appears as a standard for global data protection regulations as can be witnessed by the growing tendency of adopting, or adjusting relevant national laws following the instrument across the globe. Under Article 3, of the GDPR applies against any data controller or processor within and outside the EU, who process the personal data of EU residents. Therefore, the long arm of the GDPR is extended to cover the whole world, including Malaysia. This gives rise to tension worldwide, as non-compliance thereof leads to severe fines of up to €20 million or 4% of annual turnover. This is not a hypothetical possibility, rather a reality, as a huge amount of fines are already imposed on many foreign companies, such as Google, Facebook, Uber, and Equifax to name a few. Such a scenario, due to the existence of state sovereignty principles under international law, has made the researchers around the world curious about some questions, why does the EU adopt an instrument having the extraterritorial application; whether the extraterritorial scope is legitimate under normative international law; how the provisions of this instrument can be enforced, and how these are justified. This article attempts to search for answers to those questions by analyzing the relevant rules and norms of international law and the techniques of the EU employed. The article concludes with the findings that the extraterritorial scope of the GDPR is justified under international law in a changed global context. The findings of this article will enlighten the relevant stakeholders, including Malaysian policymakers and business entities, to realise the theoretical aspects of inclusion of the extraterritorial feature of the GDPR, and this understanding may facilitate them to map their future strategies.
17
Fritzsche, Alexander. "Discretion, Scope of Judicial Review and Institutional Balance in European Law." Common Market Law Review 47, Issue 2 (April 1, 2010): 361–403. http://dx.doi.org/10.54648/cola2010018.
Full textAbstract:
This article undertakes an inquiry into the jurisprudence of the Community courts (now the EU courts) discretionary powers and the scope of judicial review, revealing that although they are aware of the issue, they do not address it in depth and leave crucial things unsaid. On the basis of this inquiry, a framework is presented in which discretion and scope of judicial review can be analysed as an issue of horizontal division of tasks and powers between the European courts and the other EU institutions and therefore as part of the general principle of institutional balance. For that purpose, discretion is defined as the administrator’s competence to decide with highest authority about the application of the law to a specific fact pattern resulting from both the absence of precise statutory predetermination and subsequent de novo decision by controlling administrative courts. While the institutional balance between the courts and the other institutions is primarily determined by the attribution of tasks and competences to them by primary and secondary EU law, it unfolds normative power whenever these provisions leave gaps or uncertainties. It is argued that in such cases functional criteria can be utilized to “fine-tune” the institutional balance. The institution that is best suited in terms of organization, composition, function, legitimation, and procedure shall then decide a certain aspect with highest authority. Finally, this approach is applied to the joint application of Articles 101, 102 TFEU to specific cases by the European Commission and the General Court, trying to establish what complex economic facts are and give reasons why the GC must defer to the Commission whenever those facts have to be appraised.
18
Broberg, Morten, and Niels Fenger. "If You Love Somebody Set Them Free: On The Court Of Justice’S Revision Of The Acte Clair Doctrine." Common Market Law Review 59, Issue 3 (June 1, 2022): 711–38. http://dx.doi.org/10.54648/cola2022050.
Full textAbstract:
In its 2021 ruling in Consorzio, the European Court of Justice adopted a more pragmatic approach to its acte clair doctrine. This article analyses this reform and shows that in important respects the Court has eased the requirements for finding a question of EU law to be acte clair. Simultaneously, the Court has introduced a duty for national courts of last instance to give reasons where they are faced with questions of EU law and decide not to make a preliminary reference. The article also considers the Court’s discreet change of approach regarding the application (rather than the interpretation) of EU law by national courts of last instance as reflected in the Consorzio ruling, and argues that there is acte clair where the abstract interpretation of EU law is clear and leaves no scope for any reasonable doubt, even if the national court of last instance entertains doubts as to the correct application of said EU law to the case at hand.
19
Lazowski, Adam. "Half full and half empty glass: The application of EU law in Poland (20042010)." Common Market Law Review 48, Issue 2 (April 1, 2011): 503–53. http://dx.doi.org/10.54648/cola2011021.
Full textAbstract:
Poland joined the European Union on 1 May 2004 and the first wave of EU-related litigation reached the Polish courts soon after. The question that this article tries to answer is whether Polish judges are willing and able to serve as EU judges and give EU law effect. The emerging picture is mixed. On the one hand, there is a growing volume of court decisions calling for praise, on the other hand some decisions are not exactly the finest hour of the Polish judiciary. The article starts with an overview of EU-related judgments of the Polish Constitutional Tribunal. It then turns to the application of fundamental tenets of EU law by other Polish courts. This is followed by a discussion of issues raised under the preliminary ruling procedure and an overview of selected references submitted by Polish courts, including problems of translation, and question of temporal scope of EU law.
20
Wesołowski, Krzysztof. "Application of Provisions of International Conventions which Contain Uniform Rules of Private Law in Relations that are Outside the Scope of Application of these Conventions." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 1 (July 21, 2022): 487–99. http://dx.doi.org/10.32084/tekapr.2021.14.1-40.
Full textAbstract:
This article discusses a situation in which international conventions that include norms of private law are applicable in situations other than those stipulated by norms that define their scope of application (ex proprio vigore). This involves various cases in which the domestic, EU or international legislator refers to the provisions of a given international convention (in a different international convention) and also cases in which provisions of an international convention are applied by virtue of the will of the parties to a civil law relationship. The author analyses individual situations searching for an answer to the question about the nature of provisions used and thus – adequate rules for their interpretation or for filling of gaps. In some situations, they retain their international law nature, while in others they become part of the domestic or EU law or a certain standard form contract which profiles the civil law relation.
21
Küçük, Esin. "Solidarity in the EU: What Is In A Name?" Nordic Journal of European Law 6, no. 2 (September 9, 2023): 1–28. http://dx.doi.org/10.36969/njel.v6i2.25409.
Full textAbstract:
The jurisprudence on EU solidarity is rapidly expanding. Notably, the Court of Justice of the EU has progressively recognized the principle of solidarity in its rulings, elevating it to constitutional status. However, as the legal scope of solidarity widens, its scope of application and meaning become increasingly complex. This article seeks to refine our understanding of solidarity as a constitutional principle of EU law. Focused on the Court’s case law, the article maps the evolution of solidarity as a constitutional principle and unpacks the ways in which solidarity has given rise to novel interpretations and extended its sphere of influence. The article concludes that while the meaning and arguably the scope of the principle have expanded, such evolution comes with its set of challenges. The intrinsic dependency of solidarity on specific relational and situational contexts raises a significant obstacle for its conceptualization as a fundamental principle underpinning the EU legal order, particularly if it has legal implications. Consequently, the article argues that elevating solidarity to a fundamental principle of EU law - one that permeates the entire legal structure of the EU and has legal consequences - would be premature until the practical manifestation of solidarity matures beyond the confines of inter-Member-State relations. The article suggests that solidarity might be more accurately conceptualized as a fundamental value rather than an all-encompassing constitutional principle of EU law.
22
Biondi, Andrea, and Alessandro Spano. "The ECB and the Application of National Law in the SSM: New Yet Old…" European Business Law Review 31, Issue 6 (December 1, 2020): 1023–46. http://dx.doi.org/10.54648/eulr2020038.
Full textAbstract:
Art 4 (3) of the SSM Regulation allows, under certain conditions, the European Central Bank to directly apply national law in the exercise of its prerogatives. This article recaps the general framework of application of the SSM Regulation by looking in particular to the question of national law transposing relevant directives in the area and discusses the role of the ECB when interpreting and applying national law in the exercise of its prudential tasks and powers. Finally, it attempts to place the scope of application, the limitations and legislative instruments related to the application of national law by the ECB in a wider EU constitutional fram-ework. European Union, European Central Bank, Banking Union, Banking Supervision, Single Supervisory Mechanism, Article 4(3), Application of National Law, Consistent Interpretation, EU Legal Order, Eurozone.
23
Bonelli, Matteo. "National Identity and European Integration Beyond ‘Limited Fields’." European Public Law 27, Issue 3 (August 1, 2021): 537–38. http://dx.doi.org/10.54648/euro2021025.
Full textAbstract:
One of the concerns that led to the introduction of Article 4(2) TEU was the growing interference of EU law into areas traditionally reserved to the Member States. In particular, Article 4(2) TEU was seen as a way to better shield matters of ‘retained competences’, where EU institutions have not been conferred legislative competences, and to possibly create no-go areas for EU law. Yet, this article argues that in practice, the national identity clause has not worked as a limit to EU competences and the scope of EU law. The case law of the Court of Justice in the decade after the entry into force of the Lisbon Treaty, and in particular a set of recent decisions in sensitive areas such as religion, family and nationality analysed in this article, allow to conclude that reliance on Article 4(2) TEU does not limit the scope of application of EU law, though it may contribute to reach results that show deference to national preferences and leave room for national diversity. The article thus suggests a weaker reading of the national identity clause: not as a fully blown limit to EU competence, but as one of the many clauses that stand for, and guarantee, national diversity. National identity, constitutional identity, Lisbon Treaty, EU competences, European integration
24
Mádr, Petr. "Article 51 of the EU Charter of Fundamental Rights from the Perspective of the National Judge." Review of European Administrative Law 13, no. 4 (January 21, 2021): 53–85. http://dx.doi.org/10.7590/187479820x16098444161677.
Full textAbstract:
This article contributes to the growing scholarship on the national application of the EU Charter of Fundamental Rights ('the Charter') by assessing what challenges national courts face when dealing with Article 51 of the Charter, which sets out the Charter's material scope of application. In keeping with this aim, the relevant case law of the Court of Justice of the EU (CJEU) – with its general formulas, abstract guidance and implementation categories – is discussed strictly from the perspective of the national judge. The article then presents the findings of a thorough study of the case law of the Czech Supreme Administrative Court (SAC) and evaluates this Court's track record when assessing the Charter's applicability. National empirical data of that kind can provide valuable input into the CJEU-centred academic debate on the Charter's scope of application.
25
Nieuwenhout, Ceciel, and Jaap Waverijn. "Swimming in ECJ case law: The rocky journey to EU law applicability in the continental shelf and Exclusive Economic Zone." Common Market Law Review 56, Issue 6 (November 1, 2019): 1623–48. http://dx.doi.org/10.54648/cola2019127.
Full textAbstract:
Regarding activities taking place at sea, the applicability of EU law depends on the nature and geographic location of the activity as well as on the formulation of the geographical scope of the legal instrument. With Member States’ ever-increasing activity at sea, the ECJ is confronted with various questions on the application of EU law at sea; its case law is analysed in this article. Firstly, the foundation of EU competence at sea in public international law and EU law is explored. Secondly, the line of ECJ case law is analysed. Thirdly, the interplay between the legislature’s formulations and the Court’s reasoning is addressed, as well as the validity of the latter in light of public international law. The article concludes by reflecting on the consequences of the Court’s reasoning, with recommendations regarding alternatives.
26
Pech, Laurent. "‘A Union Founded on the Rule of Law’: Meaning and Reality of the Rule of Law as a Constitutional Principle of EU Law." European Constitutional Law Review 6, no. 3 (October 2010): 359–96. http://dx.doi.org/10.1017/s1574019610300034.
Full text
27
Tridimas, Takis. "Fundamental Rights, General Principles of EU Law, and the Charter." Cambridge Yearbook of European Legal Studies 16 (2014): 361–92. http://dx.doi.org/10.1017/s1528887000002676.
Full textAbstract:
AbstractThe purpose of this chapter is to explore selected aspects of the relationship between the general principles of EU law and the Charter of Fundamental Rights of the European Union. The chapter first looks at the expansion of fundamental rights in EU law and the importance of general principles by reference to three principles which have provided fruitful grounds for judicial activism: the right to judicial protection, the principle of non-discrimination, and the right to personal data. It then examines the sources of fundamental rights under Article 6 TEU and the relationship between Charter rights and general principles. Finally, it explores a pivotal issue in EU constitutional discourse, namely, the scope of application of the Charter and the general principles of law. The chapter concludes by observing that, far from declining in importance, the general principles of law continue to be an integral part of judicial methodology; that, following the introduction of the Charter, the CJEU applies a heightened level of judicial scrutiny; and that it favours a centralised approach opting for an autonomous interpretation of the Charter, granting it precedence over national constitutional norms, and understanding broadly its scope of application.
28
Scheu, Julian, and Petyo Nikolov. "The Incompatibility of Intra-EU Investment Treaty Arbitration With European Union Law – Assessing the Scope of the ECJ's Achmea Judgment." Volume 62 · 2019 62, no. 1 (January 1, 2021): 475–504. http://dx.doi.org/10.3790/gyil.62.1.475.
Full textAbstract:
Abstract: In March 2018, the European Court of Justice rendered its Achmea judgment, by which the Court considered the investor-State dispute settlement (ISDS) clause contained in the Dutch-Slovakian investment treaty to be incompatible with EU law. Even though the judgment is considered to be a landmark decision, its potentially far-reaching consequences remain, due to a rather obscure legal reasoning, difficult to assess. The aim of the present contribution is to assess the scope of the Achmea judgment in order to shed light on its relevance for pending and future intra-EU investment arbitrations. In view of the ECJ's Opinion 1/17 rendered in April 2019 and in consideration of recent arbitral practice it is concluded that the scope of the Achmea judgment concerns the incompatibility of intra-EU investment treaty arbitration with EU law. This means on the one hand that the reasoning in Achmea is transferrable not only to ISDS clauses in other intra-EU BITs, but also to Article 26 of the Energy Charter Treaty. On the other hand, the analysis shows that contract-based investment arbitrations are not concerned by the ECJ's findings. Finally, and in view of its clarified scope of application, the relevant factors for analysing the consequences of the Achmea judgement are identified.
29
Peres, Catarina Vieira. "EU Case Law Developments on Age Discrimination." Market and Competition Law Review 2, no. 2 (October 1, 2018): 151–77. http://dx.doi.org/10.7559/mclawreview.2018.328.
Full textAbstract:
The principle of non-discrimination on grounds of age has been declared an autonomous EU law principle by the European Court of Justice. This principle has been specified in a Directive, but its scope of application is currently limited to employment and occupational activities. The Directive protects both younger and older workers from being directly or indirectly discriminated due to their age. However, given the specificity of age as a factor of discrimination, the Directive allows the Member States to apply some derogations to this principle if, within the context of national law, they are objectively and reasonably justified by a legitimate aim. In the present contribution, we intend to analyse the Court’s application and interpretation of the principle of non-discrimination on grounds of age as established in the Directive and comment on some of the most relevant preliminary rulings. In many of these rulings, the Court was asked whether the Directive precludes national norms which establish a mandatory retirement age or foresee the termination of the employment contract when the worker reaches a certain age. The Court’s interpretation of the principle of non-discrimination on grounds of age, as established in the Directive, could contribute to easing some of the EU´s current economic, social and demographic challenges and to the improvement of European workers’ lives; however, the Court seems to accept Member States’ derogations to this principle too easily.
30
Michaux, Lennard. "Procedural Customization & the Limits of Internal Market Law: The ECJ Conducting the Judicial Dialogue." Legal Issues of Economic Integration 49, Issue 4 (November 1, 2022): 371–98. http://dx.doi.org/10.54648/leie2022018.
Full textAbstract:
Analyses on the limits of EU internal market law mainly focus on substantive evolutions regarding the underlying concepts. However, once the European Court of Justice (ECJ) has clarified the scope of the free movement principles, the ball is then passed to the national judiciary. In the future application of these boundaries, the judicial dialogue remains crucial to ensure an effective and correct implementation of EU law. This interaction is based on a set of procedural guidelines. Whereas such rules might appear as fixed circumstances, this article will demonstrate how the ECJ – through different dynamics – ensures the correct interaction between substantive and procedural evolutions. This ‘procedural customization’ will be uncovered regarding two central limits of EU internal market law: de minimis thresholds, and the purely internal situation doctrine. internal market law, field of application, limits, de minimis, purely internal situation, preliminary references, European Court of Justice, procedural customization
31
Ericsson, Angelica. "EU Law and the Discretion of Private National Decision-Makers in Light of the Court's Judgement in Case C-22/18 TopFit and Biffi." Nordic Journal of European Law 3, no. 2 (December 23, 2020): 82–94. http://dx.doi.org/10.36969/njel.v3i2.22391.
Full textAbstract:
This contribution aims to introduce the reader to a judgement from the Court of Justice which seems to broaden the scope of application of EU free movement rules to private regulatory bodies in two ways. One the one hand, this judgment expands our understanding of what type of private regulation can fall within this scope. On the other hand, it shows that EU law requires a private prior authorisation scheme to be infused with the same objectivity safeguards as those that have been required for public ones.
32
Danieli, Diletta. "“Third-State connections” in the proposal for an EU regulation on parenthood." CUADERNOS DE DERECHO TRANSNACIONAL 15, no. 2 (October 6, 2023): 1387–99. http://dx.doi.org/10.20318/cdt.2023.8113.
Full textAbstract:
Starting from the main features of the scope of application of the proposal for an EU regulation on parenthood, the paper follows a cross-cutting assessment with a view to determining whether, and how, the proposed instrument considers the elements of connection that a parent-child relationship may have, in a given case, with States that are not members of the EU. Some final considerations are then proposed on the possible policy grounds underlying the analysed provisions.
33
Piszcz, Anna. "Multilingualism in the EU and Consistency of Private Enforcement of Competition Law: Two Examples from CEE Countries." Studies in Logic, Grammar and Rhetoric 52, no. 1 (December 1, 2017): 165–80. http://dx.doi.org/10.1515/slgr-2017-0049.
Full textAbstract:
Abstract This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU.
34
Enqvist, Lena, and Markus Naarttijärvi. "Administrative Independence Under EU Law: Stuck Between a Rock and Costanzo?" European Public Law 27, Issue 4 (December 1, 2021): 707–32. http://dx.doi.org/10.54648/euro2021035.
Full textAbstract:
EU law places a number of requirements on administrative authorities that puts them in potentially invidious positions; while EU law today does not require institutionally independent administrative authorities or provide protection for the independence of authorities beyond the field of data protection, it does require administrative authorities to act independently through the loyal and effective enforcement of EU law. This requirement of acting independently without institutional independence raises certain implications for the role of administrative authorities acting within the hierarchical administrative orders of Member States. Using the case of Sweden – a Member State where administrative authorities enjoy significant constitutionally protected independence in the application of law and decision of cases – this article argues that the effect of EU law obligations of effectiveness and loyalty is a weakening of the hierarchical influence of the government over its own authorities, with a resulting shift of influence towards the legal arena through the provision of politically expedient interpretations of EU law. The invidious position of administrative authorities within the scope of EU law is likely to make them vulnerable to such influence, which may ultimately interfere with the effective administration of EU law. Administrative independence, EU-law, principle of effectiveness, national institutional and procedural autonomy, distributed administration, national administrative authorities, constitutional law, Costanzo, Tele2/Watson
35
Vlahek, Ana. "Article: The Great Saga of Collective Redress in EU Competition Law: All Cry and No Wool?" World Competition 47, Issue 1 (February 1, 2024): 53–72. http://dx.doi.org/10.54648/woco2024004.
Full textAbstract:
The paper presents the evolution of attempts at regulating antitrust collective redress in Europe, and the omission of listing competition law infringements in the annex to Directive 2020/1828 on consumer collective actions and thus from its scope of application. It attempts to understand why the non-availability of antitrust collective actions is the result of the long-lasting drafting processes on the EU level that typically covered competition law, taking into account that the collective redress mechanism is the only real option for consumer private enforcement of antitrust. It calls for the European Commission, the European legislator and the Member States to finally regulate collective actions in the field of competition law as otherwise access to justice for victims of antitrust breaches is not guaranteed. consumer collective redress, collective actions, antitrust collective actions, Directive 2020/1828, Directive 2014/104, follow-on, scope of application, antitrust, competition law
36
VIGLIANISI FERRARO, Angelo, and Goran Ilik. "Twenty years later: Application of the Charter of Fundamental Rights of the European Union as an Anthropocentric and Innovative Document." Revista Jurídica da Presidência 23, no. 129 (May 28, 2021): 23. http://dx.doi.org/10.20499/2236-3645.rjp2021v23e129-2315.
Full textAbstract:
The paper analyzes the legal content and scope of the norms of the Charter of Fundamental Rights of the EU and their meaning and application as a para-constitutional document of anthropocentric and innovative nature in the last twenty years. Special attention is paid to the place and role of the CJEU as a judicial body in charge of implementing and harmonizing EU law. The article also deals with the possibility of direct application of the norms of the Charter, both vertically and horizontally. In addition, the paper cites the CJEU case law to confirm the thesis that it must undertake a moral and legal obligation in order to impose itself not only as a creator of legal doctrines but also as the guardian of the fundamental rights and freedoms of the EU.
37
Hahn, Erik. "Basic Principles of European Social Security Coordination based on Regulation (EC) 883/2004." 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. 26 (October 2023): 35–42. http://dx.doi.org/10.25143/socr.26.2023.2.35-42.
Full textAbstract:
This article discusses the importance of free movement and the coordinating social law of the European Union (EU) inensuring that people who move between EU Member States are not left without social security coverage. The articleexplains that the EU does not have a uniform or common social law and that the responsibility for social policy primar-ily lies with the Member States. The coordinating social law of the EU is limited to the coordination of the various socialsecurity systems of the Member States. The article further explains that the coordination of social security systems isessential for the success of European integration and emphasises that the EU Member States are bound by both thebasic Regulation (EC) No 883/2004 and the implementing Regulation (EC) No 987/2009. After a primary law derivationof the social law coordination, the article explains the scope of application and the key principles of Regulation (EC)883/2004. This is followed by a discussion of the Regulation’s conflict-of-law rules, which take precedence over nationalprovisions.
38
Szwarc, Monika. "Swoboda przemieszczania się studentów w Unii Europejskiej — prawo dostępu do szkolnictwa wyższego i stypendiów w kontekście transnarodowym." Przegląd Prawa i Administracji 107 (April 4, 2017): 261–90. http://dx.doi.org/10.19195/0137-1134.107.15.
Full textAbstract:
FREE MOVEMENT OF STUDENTS IN THE EUROPEAN UNION — RIGHT TO EDUCATION, ACCESS TO EDUCATION AND ACCESS TO GRANTS IN THE TRANSNATIONAL CONTEXTThe right to education, recognised by Article 14 of the Charter of Fundamental Rights of the European Union must be analysed and interpreted in the light of the previous evolution of EU law in this domain, as well as of the preceding jurisprudence of the Court of Justice. In the present state of EU law there is no doubt that access to higher education as well as access to student grants or loans falls within the scope of EU law. Therefore the article contains the overview of where EU law stands at present in the domain of mobility of students. The main two fields of interest are: access to education of migrant students, when they move from their home Member State to a host Member State in order to undertake studies, as well as access to social benefits, namely student grants or loans, which enable or make easier the mobility of students. The second field of interest concerning student grants or loans is divided into two parts: the first concerns access to grants or loans accorded by the host Member State to migrant student; the second concerns access to grants or loans accorded by the home Member State to its own citizens in order to encourage them to study abroad. The analysis, on the one hand, reveals that the scope of application of EU law to the situation of migrant students, due to the jurisprudence of the CJEU, is very wide, which means the wide scope of rights accorded to students and the narrow scope of freedom left to the Member States. On the other hand, the analysis leads to a conclusion that the case of migrant students is an exemplification of the challenges faced by the Union in the field of free movement, in particular the pressure to limit the social benefi ts for EU citizens exercising their right to free movement.
39
Karayigit, Mustafa T. "The Plea of Illegality as a Pillar of the Incidental Review." European Public Law 25, Issue 4 (December 1, 2019): 689–708. http://dx.doi.org/10.54648/euro2019036.
Full textAbstract:
The plea of illegality as a limb of incidental review alongside the preliminary ruling procedure is examined in light of its raison d’être, nature, ratione materiae and personae scope and its interrelated characteristics with other remedies and procedures in the EU judicial system. This article considers the origin of anomalies in the inconsistent case law reaching different conclusions with regard to standing of different applicants on a selective basis in the transposition of national procedure of exception d’illegalité into the Rome Treaty with a general wording. It is argued that the broad interpretation of ratione personae scope of the procedure on the basis of the wording of Article 277 TFEU requires, in parallel, relaxation of the strict application of the admissibility requirements towards individual applications especially where irregularities might become apparent after the concrete application of the general act in order to prevent from carrying privileged or non-privileged status of applicants under the action for annulment to the plea of illegality. Plea of Illegality, Incidental Review, Acts of General Application, Legal Certainty v Legality, Complementary or Alternative Remedy.
40
Widdershoven, Rob. "National Procedural Autonomy and General EU Law Limits." Review of European Administrative Law 12, no. 2 (December 31, 2019): 5–34. http://dx.doi.org/10.7590/187479819x15840066091222.
Full textAbstract:
This article examines the recent approach of the European Court of Justice of the EU towards the applicability of procedural national law in cases falling within the scope of Union law. It argues that the Court increasingly assesses such rules within the framework of the principle of effective judicial protection, as bindingly codified in Article 47 of the Charter of Fundamental Right of the EU since December 2009. This test is gradually replacing the rather deferential test on the Rewe principles of equivalence and effectiveness and implies a further limitation of procedural autonomy of the Member States. The reason for the shift seems to be the necessity to coordinate the Court's case law on Article 47 CFR with the case law of the European Court of Human Rights on Article 6 ECHR, because this coordination requires the application of a similar standard by both European Courts. As a result, the importance of, in particular, the Rewe principle of effectiveness, has already decreased to a considerable extent and might decrease further in future. Nevertheless, it is not to be expected that this standard will be abolished completely. First, because it may provide an adequate standard for assessing procedural issues that are not related to effective judicial protection or Article 47 CFR. Secondly, because incidentally it may be used by the Court for modifying national procedural law with a view to the effective application of substantive EU rules.
41
Athanasiadou, Natassa, and Nikos Vogiatzis. "The EU Queries: A Form of Extra-Judicial Preliminary Reference in the Field of Maladministration?" German Law Journal 22, no. 3 (May 2021): 441–65. http://dx.doi.org/10.1017/glj.2021.17.
Full textAbstract:
AbstractThis Article represents the first comprehensive study of the EU query process, a form of flexible extra-judicial cooperation between the European Ombudsman and the national ombud offices on the interpretation and application of EU law across member states. The way this cooperation is constructed brings imminently to mind the preliminary reference procedure: A national office submits a query within the scope of EU law to the European Ombudsman who, after consultation with the Commission—in the vast majority of cases—provides a reply. Upon closer examination, however, this Article illustrates key differences between the two procedures, while pointing out the added value of the EU query procedure compared to the preliminary reference. More specifically, while the interpretation that is provided is not authoritative or legally binding (among other differences), thanks to the flexibility of this instrument, interpretative guidance is provided at an early stage in case a problem in the interpretation and application of EU law arises, and thus litigation may be avoided. Furthermore, the EU query procedure serves as a reliable source of information for both the European and the national sides. However, this Article also identifies a number of challenges in relation to the transparency of the scheme, its effective functioning, as well as its interplay with other instruments, such as the infringement procedure.
42
Bast, Jürgen. "Of General Principles and Trojan Horses — Procedural Due Process in Immigration Proceedings under EU Law." German Law Journal 11, no. 9 (September 2010): 1006–24. http://dx.doi.org/10.1017/s207183220002006x.
Full textAbstract:
AbstractThe present paper concerns procedural guarantees in immigration proceedings, thus addressing the broader question of the role of the general principles of EU law in respect of administrative decision-making. The main assertion is that certain requirements of procedural due process are recognized in EU law as fundamental rights. They must therefore be observed by Member State authorities when decisions significantly affecting the legal position of a person are taken, provided that the decision is at least partly determined by EU law. The relevant immigration proceedings involve measures related to the termination of residence as well as decisions related to denial or loss of a particular legal status. In effect, the actual scope of application of the EU's administrative fundamental rights is determined by the actual scope of activity of the European legislator. The author concludes that even a relatively ‘shallow’ harmonization of laws can lead to a ‘deep’ reshaping of the domestic legal order, by becoming a Trojan Horse for fundamental rights heretofore alien to some national immigration regimes.
43
Ferri, Delia, and Giuseppe Martinico. "Revisiting the Ruiz Zambrano Doctrine and Exploring the Potential for Its Extensive Application." European Public Law 27, Issue 4 (December 1, 2021): 685–706. http://dx.doi.org/10.54648/euro2021034.
Full textAbstract:
With the tenth anniversary of the seminal Ruiz Zambrano judgment looming, there is scantly a better time to reassess its legacy and reflect on how its doctrine can be brought forward to foster the protection of fundamental rights in the European Union (EU). This article looks back at the reasons that make this decision a landmark in EU law, and discusses the potential for an expansive reading of the Ruiz Zambrano doctrine. It analyses to what extent the doctrine’s scope can be extended to subjects other than minors within the specific context of derived residence rights for third country nationals. On the whole, this article argues in favour of the expansive application of this doctrine by looking at a case study: that of persons with disabilities. In testing the potential application of the Ruiz Zambrano doctrine to protect the genuine enjoyment of rights that the status of EU citizens confers upon persons with disabilities, the article problematizes the idea of ‘dependency’. While this concept might be perceived as problematic from a disability perspective, the article reconciles this apparent tension by applying the concept of ‘empowering dependency’. The article concludes by highlighting the constitutional spill-over that a broader application of the Ruiz Zambrano doctrine may bring. Ruiz Zambrano, EU citizenship, fundamental rights, persons with disabilities, constitutional spill-over
44
Melis, Giuseppe. "The EU Blacklist: A Step Forward but Still Much to Do." EC Tax Review 28, Issue 5 (October 1, 2019): 253–63. http://dx.doi.org/10.54648/ecta2019030.
Full textAbstract:
In 2016 the EU decided to adopt an EU blacklist of non-cooperative third country jurisdictions with the view of establishing a common approach of EU Member States in this area. This constitutes a first and positive step towards a deeper coordination of EU tax systems in the highly-sensitive area of identification of tax havens. However, further coordination through an institutionalized tax coordination process seems to be desirable, also in order to increase the transparency of the negotiating process between EU institutions and non-cooperative jurisdictions. A further step in the EU tax coordination process should regard tax competition measures having a general scope of application adopted by EU Member States: some arguments in order to contrast these regimes could be derived from international provisions adopted at UN level and, more specifically, from Art. 2, para. 1 of the International Covenant on Economic, Social and Cultural Rights.
45
Boś, Kacper. "Thin capitalisation – application and limitations under Polish tax law and EU Council Directive 2016/1164 (ATA Directive)." Ius et Administratio 45, no. 2-4 (2023): 32–45. http://dx.doi.org/10.15584/iuseta.2021.2-4.3.
Full textAbstract:
Objective: This article aims to present the phenomenon of thin capitalisation as well as to analyse its essence and application. The considerations are based on the historical and current Polish legislation, taking into account the impact of EU law, which makes it possible to compare various regulatory solutions in terms of thin capitalisation. Research Design & Methods: The considerations made in this article are based on both repealed and current provisions of the Act of 15 February 1992 on corporate income tax in the scope of thin capitalisation. Due to the need to implement EU Council Directive 2016/1164 of 12 July 2016 (ATA Directive) into the Polish legal system, its content has also been analysed. Findings: Changes in the scope of thin capitalisation introduced by the implemented ATA Directive should be considered favourable for the legal system. The current regulations govern thin capitalisation in a much clearer and less manipulable way than the previous solutions. In addition, they appropriately balance the interests of both the state and taxpayers. Implications / Recommendations: The EU-wide changes resulting from the provisions of the ATA Directive and previously also from the OECD actions under the BEPS Action Plan should have the intended effect of eliminating at least some of the aggressive tax optimisation activities without significantly affecting the interests of taxpayers. Contribution / Value Added: The article presents a comparative analysis of previous and current thin capitalisation solutions, which allowed the evaluation of regulations introduced by the Polish legislator as well as EU solutions.
46
Josipović, Tatjana. "Protection of fundamental rights in the private law of the European Union." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 117–53. http://dx.doi.org/10.5937/rkspp2002117j.
Full textAbstract:
The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.
47
Canor, Iris. "Restoring Faith in EU Values: Mutual Trust and Systemic Deficiencies in the Member States." Zeitschrift für europarechtliche Studien 26, no. 4 (2023): 516–38. http://dx.doi.org/10.5771/1435-439x-2023-4-516.
Full textAbstract:
In the evolving context of European Union public law, mutual trust has risen as a pivotal structural principle, anchoring the horizontal relationship among EU Member States, particularly in areas falling outside the scope of application of EU law. Its significance has expanded, moving beyond just safeguarding fundamental rights to fully embracing the broad spectrum of values articulated in Article 2 TEU. Informed by the mutual accountability of Member States, this principle is instrumental in assessing their commitment to the values delineated in Article 2 TEU. This article offers to differentiate between two scenarios: instances where mutual trust is undermined by violations of fundamental rights, and those where it is challenged by breaches of structural values, such as democracy and the rule of law. The article posits that systemic deficiencies in a Member State’s adherence to the EU’s structural values threatens the essence of mutual trust, demanding a reconsideration of the manner of application of this principle. Through the lens of the transformations following the Lisbon Treaty and contemporary hurdles this article underscores mutual trust’s crucial role in ensuring Member States’ constitutional fidelity to EU structural values. The article concludes by championing a nuanced application of the mutual trust principle – a stance that robustly preserves the core of Article 2 values, quintessential to European identity, without compromising fundamental rights or overlooking other EU public interests.
48
Lorenzo, Delia Lucía Martínez. "A Digital Cross-border Interest in the Framework of Public Procurement Legislation: The Game Changer." Review of European Administrative Law 14, no. 2 (July 23, 2021): 51–68. http://dx.doi.org/10.7590/187479821x16254887670883.
Full textAbstract:
Originally introduced by the Court of Justice of the European Union, the presence of 'certain cross-border interest' is used to justify the application of EU principles to public procurement contracts that fall out the scope of EU law. Nonetheless, crossborder interest needs to be proven based on the criteria settled by the CJEU. This article presents, firstly, a definition of cross-border interest and its relevance; secondly, the latest trends on digital public procurement and e-administration. Finally, the paper will discuss whether, based on the criteria of the CJEU, the expansion of digitalisation will render the presence of cross-border interest automatic, thus increasing transparency and consequently changing forever how we apply EU law.
49
Herlin-Karnell, Ester, and Theodore Konstadinides. "The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration." Cambridge Yearbook of European Legal Studies 15 (2013): 139–67. http://dx.doi.org/10.5235/152888713809813521.
Full textAbstract:
AbstractThe principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.
50
Herlin-Karnell, Ester, and Theodore Konstadinides. "The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration." Cambridge Yearbook of European Legal Studies 15 (2013): 139–67. http://dx.doi.org/10.1017/s1528887000003037.
Full textAbstract:
Abstract The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.