The Commission Is The Most Powerful Institution In The Eu But The Court Of Justice Is The Most Important
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| Author | : Timo Hohmuth |
| Publisher | : GRIN Verlag |
| Total Pages | : 10 |
| Release | : 2004-11-09 |
| Genre | : Law |
| ISBN | : 3638323625 |
Essay aus dem Jahr 2000 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, Note: 65 % (=14 Punkte), University of Newcastle upon Tyne (Law School), Veranstaltung: Seminar, Sprache: Deutsch, Abstract: The question is if the European Commission is the most powerful institution in the EU, but the ECJ the most important. Is that true? It is, however, a mixed law and fact question. Looking at the power and the importance of these institutions leads into a similar direction. The Treaties give the institutions different rights and competencies. The factual importance can be measured by focusing on their actual achievements. The term “institution” refers to all facilities of the Community. The system of the arrangement of the institutions is not created following the principle of the balance of powers known from states’ constitutions. Especially there is no strict division between legislative and executive power. Only the judicial power has some kind of its own but factually not pure section. The four main institutions of the European Community are as set out in the Treaty the Parliament, the Council, the Commission and the Court of Justice. The rights of the Parliament are only a few. Generally the Council can be considered as the most powerful and therefore most important institution of the Community (art. 202 et seq. ECT) because it is the main legislator and executes all the important legislation (regulations, directives), only sometimes in co-operation with the Parliament (art. 251 ECT). [...]
| Author | : Pascal Fontaine |
| Publisher | : |
| Total Pages | : 114 |
| Release | : 2017 |
| Genre | : Europe |
| ISBN | : 9789279535901 |
| Author | : Emmanuel Guinchard |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 549 |
| Release | : 2016-12-15 |
| Genre | : Law |
| ISBN | : 9041168400 |
The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.
| Author | : Mattias Derlén |
| Publisher | : |
| Total Pages | : 247 |
| Release | : 2018 |
| Genre | : Courts |
| ISBN | : 9781509919116 |
The court of justice then, now and tomorrow / Anthony Arnull -- Preliminary rulings to the CJEU and the Swedish Judiciary ? Current developments / Ulf Bernitz -- A dynamic analysis of judicial behaviour: the auto-correct function of constitutional pluralism / Ana Bob¡c -- Pre-ratification judicial review of international agreements to be concluded by the European Union / Graham Butler -- Serving two masters: CJEU case law in Swedish first instance courts and national courts of precedence as gatekeepers / Mattias Derlén and Johan Lindholm -- The role of the court in limiting national policy-making? Requiring safeguards against the arbitrary use of discretion / Angelica Ericsson -- Institutional balance as constitutional dialogue: a Republican paradigm for the EU / Desmond Johnson -- House of Cards in Luxemburg? A brief defence of the strategic model of judicial politics in the context of the European Union / Olof Larsson and Daniel Naurin -- Referring court influence in the preliminary ruling procedure: the Swedish example / Anna Wallerman -- Citizen control through judicial review / Anna Wetter Ryde -- The Scandinavians ? The foot-dragging supporters of European law? / Marlene Wind -- On specialisation of chambers at the General Court -- Ulf Berg, Mohamed Ali and Pauline sabouret
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 3034 |
| Release | : 2024-08-07 |
| Genre | : Law |
| ISBN | : 0198877188 |
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. Written by a team of contributors drawn from the Legal Service of the European Commission and from academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
| Author | : Dermot Hodson |
| Publisher | : Oxford University Press |
| Total Pages | : 497 |
| Release | : 2017 |
| Genre | : Political Science |
| ISBN | : 0198737416 |
This book is the key text for anyone wishing to understand the functions, powers, and composition of the EU's institutions. From the Council of Ministers to the European Central Bank, all of the most important organizations are analysed and explained by international experts, providing students with everything they need to know.
| Author | : Nienke Grossman |
| Publisher | : Cambridge University Press |
| Total Pages | : 397 |
| Release | : 2018-02-22 |
| Genre | : Law |
| ISBN | : 1108540228 |
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
| Author | : Dick Leonard |
| Publisher | : Routledge |
| Total Pages | : 346 |
| Release | : 2016-05-20 |
| Genre | : Political Science |
| ISBN | : 1317208595 |
Written by experts, this long-established and definitive guide to the workings of the European Union provides comprehensive, straightforward and readable coverage of this sometimes misunderstood and complex institution. It explains not only what happens but also why, and analyses the EU's strengths and weaknesses, as well as opportunities for it to be more effective. With the EU's very existence under pressure due to fiscal crises and the eurozone, migration and borders, and Euroscepticism, it specifically outlines: How it works: the institutions, the mechanisms Every area of EU competence from agriculture to workers' rights The effects of the single market and the single currency and the successes and stresses of the eurozone The impact of the enlargement of the EU and the prospects for further enlargement and for closer political integration The EU under strain - the 2008 recession and after 'Britain in or out' Fully updated and revised material with new data, statistics, examples and non-partisan coverage The Routledge Guide to the European Union is well-established as the clearest and most comprehensive guide to how the EU operates. This new edition brings you up to date at a crucial stage in its history at a time when, arguably, it has never been under greater threat, but conversely is perhaps more important than ever.
| Author | : Bruno de Witte |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 305 |
| Release | : 2013-01-01 |
| Genre | : Law |
| ISBN | : 0857939408 |
ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
| Author | : Catherine Hoskyns |
| Publisher | : Manchester University Press |
| Total Pages | : 230 |
| Release | : 2000 |
| Genre | : Political Science |
| ISBN | : 9780719056666 |
This series provides texts central to medieval studies courses and focuses upon the diverse cultural, social and political conditions that affected the functioning of all levels of medieval society. Translations are accompanied by introductory and explanatory material and each volume includes a comprehensive guide to the sources' interpretation, including discussion of critical linguistic problems and an assessment of recent research on the topics covered. From 1348 to 1350 Europe was devastated by an epidemic that left between a third and one half of the population dead. This source book traces, through contemporary writings, the calamitous impact of the Black Death in Europe, with a particular emphasis on its spread across England from 1348 to 1349. Rosemary Horrox surveys contemporary attempts to explain the plague, which was universally regarded as an expression of divine vengeance for the sins of humankind. Moralists all had their particular targets for criticism. However, this emphasis on divine chastisement did not preclude attempts to explain the plague in medical or scientific terms. Also, there was a widespread belief that human agencies had been involved, and such scapegoats as foreigners, the poor and Jews were all accused of poisoning wells. The final section of the book charts the social and psychological impact of the plague, and its effect on the late-medieval economy.
