Eu Values Before The Court Of Justice

Author : Luke Dimitrios Spieker
Publisher : Oxford University Press
ISBN 13 : 0198876718
Total Pages : 385 pages
Book Rating : 4.17/5 ( download)

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Download or read book EU Values Before the Court of Justice written by Luke Dimitrios Spieker and published by Oxford University Press. This book was released on 2023-07-20 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.

Author : András Jakab
Publisher : Oxford University Press
ISBN 13 : 0191063517
Total Pages : 715 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Author : Carlos Closa
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.82/5 ( download)

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Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.76/5 ( download)

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Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Author : François Foret
Publisher : Routledge
ISBN 13 : 1351037404
Total Pages : 190 pages
Book Rating : 4.02/5 ( download)

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Download or read book European Values written by François Foret and published by Routledge. This book was released on 2018-06-14 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Redefinitions of EU borders (enlargements, Brexit), geopolitical challenges (conflicts, migrations, terrorism, environmental risks) and the economic and financial crises have triggered debates on the common values that hold European countries and citizens together, justify public action and ensure the sustainability of European governance. This book discusses the genesis of and increasing references to "European values", their appropriation by diverse groups of actors and their impact on public action. It argues that European values are a broad and flexible symbolic repertoire, instrumental to serving diverging ends, and a resource for both negotiation and conflicts. Looking at the broader picture, the book reflects on the role of values in the institutionalization of the EU as a political order and paves the way to an assessment of its singularity in comparison with other polities across time and space. This text will be of key interest to scholars, students and practitioners in EU politics, comparative politics, IR, public policy, sociology and cultural studies.

Author : Nada Bodiroga-Vukobrat
Publisher : Springer
ISBN 13 : 331902213X
Total Pages : 291 pages
Book Rating : 4.30/5 ( download)

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Download or read book New Europe - Old Values? written by Nada Bodiroga-Vukobrat and published by Springer. This book was released on 2015-11-17 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the reactions to Europeanization and globalization in times of economic distress, including the transformation of European values in national legal cultures. The authors explore how European values, tradition and new legal challenges interconnect and dictate the paths of transition between old and new Europe. The first chapter starts with a question: can Roman Legal Tradition play a role of identity factor towards a New Europe? Can it be considered as a general value identifying new Europe, built on a minimum core of principles – persona, dominum, obligation, contract and inheritance – composing the whole European private law tradition? Subsequent chapters attempt to provide possible responses to the question: what is Europe today? The answers diverge, depending on the research area. The inherent dichotomy of human rights protection in Europe and the concept of ‘one law, one court’ are investigated in the second chapter, whereas the third chapter focuses on asylum and the interrelation and interdependence of the Court of Justice of the EU and the European Court of Human Rights. The next three chapters concentrate on matters of equal treatment and non-discrimination. The first contribution in this part reflects on the crisis and methodological and conceptual issues faced by modern anti-discrimination law. It is followed by a specific analysis of the empowerment of women or gender-balancing in company boards. The third contribution reveals the impact of the Croatian anti-discrimination law on private law relations. The next chapter deals with the issue of social rights in Croatia and the method of their regulation in the context of the new European values. The immense challenges posed by the market integration imperative and democratic transition have brought about different reactions in the national legal systems and legal cultures of both old and new Member States. As such, Europe has effectively been reunited, but what about the convergence of national legal cultures? This is the focal point of the remaining chapters, which focus on various issues, from internal market, competition law, consumer welfare, liberalization of network industries to the EU capital market. The magnitude of EU activity in these areas offers conclusive evidence that old and new paradigms are evolving and shaping the future of the EU.

Author : Koen Lenaerts
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.02/5 ( download)

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Download or read book EU Values and Constitutional Pluralism written by Koen Lenaerts and published by . This book was released on 2015 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article seeks to explore whether the EU system of fundamental rights protection allows room for constitutional pluralism. By looking at recent developments in the case law of the Court of Justice of the European Union (the Court of Justice), it is submitted that the Court has answered that question in the affirmative, thereby respecting the diversity of the cultures and traditions of the peoples of Europe as well as their national identities. The application of the Charter does not rule out a cumulative application of fundamental rights. That being said, pluralism is not absolute, but must be weighed against the indivisible and universal values on which the European Union is founded.Logically, the question that arises is how we order pluralism. In this regard, I shall argue that it is not for the Court of Justice to decide when an EU uniform standard of fundamental rights protection is to replace (or coexist with) national standards. That decision is for the EU political institutions to adopt, since they enjoy the necessary democratic legitimacy to determine the circumstances under which the exercise of a fundamental right is to be limited for reasons of public interest.However, this deference to the EU political branches does not mean that EU legislative decisions are immune from judicial review. On the contrary, cases such as Schwarz and Digital Rights demonstrate that the Court of Justice is firmly committed to examining whether those legislative choices comply with primary EU law, and notably with the Charter. In this regard, when interpreting the provisions of the Charter, the Court of Justice - in dialogue with national courts and, in particular, constitutional courts - operates as the guarantor of the rule of law within the EU, of which fundamental rights are part and parcel. It is thus for those courts to make sure that each and every EU citizen enjoys a sphere of individual liberty which must, as defined by the Charter, remain free from public interferences.

Author : András Jakab
Publisher : Oxford University Press
ISBN 13 : 0198746563
Total Pages : 579 pages
Book Rating : 4.60/5 ( download)

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Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.

Author : Andrew Williams
Publisher : Cambridge University Press
ISBN 13 : 052111828X
Total Pages : 369 pages
Book Rating : 4.86/5 ( download)

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Download or read book The Ethos of Europe written by Andrew Williams and published by Cambridge University Press. This book was released on 2010-03-11 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Williams analyses the role of values in the European Union and suggests how to make the EU more just.

Author : Elke Cloots
Publisher : OUP Oxford
ISBN 13 : 0191053503
Total Pages : 651 pages
Book Rating : 4.04/5 ( download)

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Download or read book National Identity in EU Law written by Elke Cloots and published by OUP Oxford. This book was released on 2015-02-12 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.