Takis Tridimas - Academia.edu (original) (raw)
Papers by Takis Tridimas
Table of Cases Table of Legislation 1. The General Principles of Law in the European Union Legal ... more Table of Cases Table of Legislation 1. The General Principles of Law in the European Union Legal Order 2. The Principle of Equality 3. The Principle of Proportionality: Review of Community Measures 4. The Principle of Proportionality: Relationship with Competence and Subsidiarity 5. The Principle of Proportionality: Review of National Measures 6. Legal Certainty and Protection of Legiutimate Expectations 7. Fundamental Rights 8. The Rights of Defence 9. The Principle of Effectiveness 10. The Liability of Community Institutions 11. State Liability for Breach of EU Law 12. Conclusions Bibliography Index
International and Comparative Law Quarterly, 1992
ABSTRACT
1. Introduction: The Puzzles of European Union Law PART I: THE LEGAL SYSTEM 2. Towards a Theory o... more 1. Introduction: The Puzzles of European Union Law PART I: THE LEGAL SYSTEM 2. Towards a Theory of European Union Legal Systems 3. Not a System but an Order: An Inter-Institutional View of European Union Law 4. Harmonic Law: The Case Against Pluralism 5. Judicial Dialogue in the European Union PART II: POLITICAL FOUNDATIONS 6. Deciphering the Political and Legal DNA of European Integration: An Exploratory Essay 7. Citizenship and Obligation 8. Constitutionalism in the European Union: Pipedream or Possibility? 9. Constitutionalism and the Moral Point of Constitutional Pluralism: Institutional Civil Disobedience and Conscientious Objection 10. European Demoicracy and its Crisis 11. Statecraft and the Foundations of European Union Law PART III: CONSTITUTIONAL VIRTUES 12. Precedent and the Court of Justice: A Jurisprudence of Doubt? 13. Monism and Fundamental Rights 14. European Integration and the Rule of Law in Foreign Policy 15. Solidarity in the European Union: Problems and Prospects 16. The Problem of Justice in the European Union: Values, Pluralism, and Critical Legal Justice
Hart Publishing eBooks, 2022
Croatian Yearbook of European Law and Policy
The Internal Market and the Future of European Integration, 2019
The European Banking Union and Constitution, 2019
Table of Cases Table of Legislation The General Principles of Law in the Community Legal Order Th... more Table of Cases Table of Legislation The General Principles of Law in the Community Legal Order The Principle of Equality The Principle of Proportionality: Review of Community Measures The Principle of Proportionality: Review of National Measures Legal Certainty and Protection of Legitimate Expectations Fundamental Rights The Rights of Defence The Principle of Effectiveness Principles governing Liability in Damages Conclusion Bibliography Index
Maastricht Journal of European and Comparative Law, 2016
The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law - La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence, 2012
This paper examines two aspects of the interplay between the ECJ and the national courts. It firs... more This paper examines two aspects of the interplay between the ECJ and the national courts. It first looks at the degree of specificity of the rulings delivered by the ECJ in preliminary references. It distinguishes three categories of cases depending on the degree of specificity (outcome, guidance and deference) and seeks to explore the rationale and function of each. It then looks at the role of national courts in building the edifice of EU law and the varying ways in which they perceive the preliminary reference procedure. It concludes that the process towards the constitutionalisation of the EU Treaties could not have advanced without the cooperation of the national courts. While such cooperation has taken a variety of forms ranging from encouragement to acquiescence, national courts have essentially played a very constructive role in legitimating integration.
The European Union after the Treaty of Lisbon
German Law Journal, 2019
Article 52(1) of the EU Charter of Fundamental Rights lays down respect for the essence of right ... more Article 52(1) of the EU Charter of Fundamental Rights lays down respect for the essence of right as one of the requirements that limitations on rights must respect. This provision is not innovative, as it formalizes into EU law the distinction between “core” and “periphery” of rights present in many national constitutions and in the ECJ and ECtHR case law. Nonetheless, the express reference to essence has given unprecedented resonance to that concept. Essence as the “limit of limits” has a Janus-like character. On the one hand, it pronounces that every fundamental right bears a minimum content which is ringfenced from interference by public and private actors. On the other hand, it stresses the malleability of rights and their social function. The core/periphery dichotomy reflects a balancing act moored in European legal tradition whose symbolism outperforms its utility as a judicial tool. This Article examines the essence clause of the Charter in light of the ECJ case law and the c...
Making Community Law, 2008
Essays in Memory of John A. Usher, 2012
Making Community Law, 2008
Table of Cases Table of Legislation 1. The General Principles of Law in the European Union Legal ... more Table of Cases Table of Legislation 1. The General Principles of Law in the European Union Legal Order 2. The Principle of Equality 3. The Principle of Proportionality: Review of Community Measures 4. The Principle of Proportionality: Relationship with Competence and Subsidiarity 5. The Principle of Proportionality: Review of National Measures 6. Legal Certainty and Protection of Legiutimate Expectations 7. Fundamental Rights 8. The Rights of Defence 9. The Principle of Effectiveness 10. The Liability of Community Institutions 11. State Liability for Breach of EU Law 12. Conclusions Bibliography Index
International and Comparative Law Quarterly, 1992
ABSTRACT
1. Introduction: The Puzzles of European Union Law PART I: THE LEGAL SYSTEM 2. Towards a Theory o... more 1. Introduction: The Puzzles of European Union Law PART I: THE LEGAL SYSTEM 2. Towards a Theory of European Union Legal Systems 3. Not a System but an Order: An Inter-Institutional View of European Union Law 4. Harmonic Law: The Case Against Pluralism 5. Judicial Dialogue in the European Union PART II: POLITICAL FOUNDATIONS 6. Deciphering the Political and Legal DNA of European Integration: An Exploratory Essay 7. Citizenship and Obligation 8. Constitutionalism in the European Union: Pipedream or Possibility? 9. Constitutionalism and the Moral Point of Constitutional Pluralism: Institutional Civil Disobedience and Conscientious Objection 10. European Demoicracy and its Crisis 11. Statecraft and the Foundations of European Union Law PART III: CONSTITUTIONAL VIRTUES 12. Precedent and the Court of Justice: A Jurisprudence of Doubt? 13. Monism and Fundamental Rights 14. European Integration and the Rule of Law in Foreign Policy 15. Solidarity in the European Union: Problems and Prospects 16. The Problem of Justice in the European Union: Values, Pluralism, and Critical Legal Justice
Hart Publishing eBooks, 2022
Croatian Yearbook of European Law and Policy
The Internal Market and the Future of European Integration, 2019
The European Banking Union and Constitution, 2019
Table of Cases Table of Legislation The General Principles of Law in the Community Legal Order Th... more Table of Cases Table of Legislation The General Principles of Law in the Community Legal Order The Principle of Equality The Principle of Proportionality: Review of Community Measures The Principle of Proportionality: Review of National Measures Legal Certainty and Protection of Legitimate Expectations Fundamental Rights The Rights of Defence The Principle of Effectiveness Principles governing Liability in Damages Conclusion Bibliography Index
Maastricht Journal of European and Comparative Law, 2016
The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law - La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence, 2012
This paper examines two aspects of the interplay between the ECJ and the national courts. It firs... more This paper examines two aspects of the interplay between the ECJ and the national courts. It first looks at the degree of specificity of the rulings delivered by the ECJ in preliminary references. It distinguishes three categories of cases depending on the degree of specificity (outcome, guidance and deference) and seeks to explore the rationale and function of each. It then looks at the role of national courts in building the edifice of EU law and the varying ways in which they perceive the preliminary reference procedure. It concludes that the process towards the constitutionalisation of the EU Treaties could not have advanced without the cooperation of the national courts. While such cooperation has taken a variety of forms ranging from encouragement to acquiescence, national courts have essentially played a very constructive role in legitimating integration.
The European Union after the Treaty of Lisbon
German Law Journal, 2019
Article 52(1) of the EU Charter of Fundamental Rights lays down respect for the essence of right ... more Article 52(1) of the EU Charter of Fundamental Rights lays down respect for the essence of right as one of the requirements that limitations on rights must respect. This provision is not innovative, as it formalizes into EU law the distinction between “core” and “periphery” of rights present in many national constitutions and in the ECJ and ECtHR case law. Nonetheless, the express reference to essence has given unprecedented resonance to that concept. Essence as the “limit of limits” has a Janus-like character. On the one hand, it pronounces that every fundamental right bears a minimum content which is ringfenced from interference by public and private actors. On the other hand, it stresses the malleability of rights and their social function. The core/periphery dichotomy reflects a balancing act moored in European legal tradition whose symbolism outperforms its utility as a judicial tool. This Article examines the essence clause of the Charter in light of the ECJ case law and the c...
Making Community Law, 2008
Essays in Memory of John A. Usher, 2012
Making Community Law, 2008