Tim Corthaut | KU Leuven (original) (raw)
Books by Tim Corthaut
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union i... more In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following:
international trade law and arbitration;
public international law;
the ECHR and EctHR;
public policy exceptions to the four freedoms;
European citizenship;
competition law;
national and EU procedural law; and
protection of social and labour standards.
In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union i... more In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following:
international trade law and arbitration;
public international law;
the ECHR and EctHR;
public policy exceptions to the four freedoms;
European citizenship;
competition law;
national and EU procedural law; and
protection of social and labour standards.
In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union i... more In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following:
international trade law and arbitration;
public international law;
the ECHR and EctHR;
public policy exceptions to the four freedoms;
European citizenship;
competition law;
national and EU procedural law; and
protection of social and labour standards.
In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
Papers by Tim Corthaut
Oxford University Press eBooks, Dec 17, 2021
This chapter evaluates 'Union law', which consists of the rules enshrined in the Treaties... more This chapter evaluates 'Union law', which consists of the rules enshrined in the Treaties and acts adopted pursuant thereto, as applied and interpreted by the national courts and the Court of Justice. Depending on the origin of the provisions, a distinction may be made between constitutive norms which come into being as a result of action on the part of the Member States themselves (primary Union law), rules created by Union institutions and bodies (secondary or 'derived' Union law), and other rules which have been accepted by case law as being general principles of the Union's legal order. Secondary Union law is constituted by the legislative acts and other acts of the institutions, bodies, offices, or agencies, usually in the form of specific instruments of Union law ('autonomous' acts) as well as the international agreements concluded by the Union ('conventional' acts). The case law of the Court of Justice relating to the primacy and the possible direct effect of Union law has made it clear that Union law as such has effect in the national legal system. Both the European Union and the Member States as well as individuals are entitled to enforce the proper application of Union law.
Review of European Administrative Law, Jun 1, 2010
Now here is a promising title. The EU legal order is interacting with almost every domain of nati... more Now here is a promising title. The EU legal order is interacting with almost every domain of national law. Accordingly, it seems well worth inquiring into whether EU law also affects administrative law in general and administrative justice in particular in the EU Member States. Moreover, the bottom up approach may be quite refreshing, especially for EU law experts. It is all too common to read in an ECJ judgment that 'it is for the national court to decide…', 1 but rarely EU law experts have more than anecdotal information on how exactly national courts do get about making the analyses and assessments the ECJ is expecting them to do. Therefore a book that seeks to find out how courts in a various Member States respond to the demands imposed on their legal systems by EU law is a welcome addition to any law library. The question then is whether the book lives up to the expectations. Fortunately, prima facie, it does. The choice for the Italian, German and English legal systems seems an appropriate one. The author rightly justifies her choice by pointing out that they may represent three legal currents in administrative justice in Europe, and the wealth of national judgments that are presented against the wider background of those legal systems is a testimony to the wide grasp the author has of the niceties of these systems. Also when it comes to her analysis of the relevant ECJ case law the track record appears impeccable, with adequate descriptions of the state of the law. Good descriptions of the national legal systems involved, however, do not yet make good comparative work-let alone interesting comparative research. And here my initial enthusiasm is waning. Because at the end of the day one may wonder what this ambitious study has revealed. The question mark in the book's title is no coincidence. The book finds only limited 'europeanisation' of administrative justice, or rather, it only finds limited traces of it in the five fields (access to justice, time limits, ex officio raising of EU law to assess the validity of an administrative measure, rules on evidence and interim relief), or the aspects of these fields that are studied. Moreover, the author seems constantly hedging her findings, suggesting that there may nonetheless be 'europeanisation' where she didn't find it, or other reasons to explain developments that do suggest 'europeanisation'. Finally, the comparison between the three systems at best results in overviews of differences and similarities, but the reader is left wondering what can be done with these findings next. Do they signal the need for legal reform in these, and perhaps other, similarly organised, Member States? Is there need
Oxford University Press eBooks, Dec 17, 2021
This chapter addresses the relationship between the European Union and international law. Article... more This chapter addresses the relationship between the European Union and international law. Article 218 TFEU lays down the procedure by which the Union concludes agreements with third countries or international organizations. Agreements concluded by the Union are binding on the Union institutions and on Member States (Article 216(2) TFEU). The provisions of such agreements form an integral part of the Union legal order from the moment they enter into force. This is in accordance with the 'monist' approach: agreements concluded by the Union form part of the Union legal order without there being any necessity to transpose them into internal provisions of Union law. Exceptionally, agreements not concluded by the Union but by the Member States also have binding force. This is so when the Union has assumed, under the Treaties, the competence previously exercised by the Member State in the field to which the agreement applies. This was the case with the General Agreement on Tariffs and Trade (GATT). An agreement concluded by the Member States is also binding on the Union when the Treaties provide that the Union must exercise its competence in accordance therewith. Examples are provided by the Geneva Convention and the Protocol relating to the status of refugees and other relevant treaties, which are binding on the Union in the matter of asylum policy (Article 78(1) TFEU).
Oxford University Press eBooks, Dec 17, 2021
This chapter sets out the procedures for amending the Treaties. An amendment to the Treaties enab... more This chapter sets out the procedures for amending the Treaties. An amendment to the Treaties enables amending or supplementing provisions to be adopted that have the same legal force as the original Treaty provisions. In this way, the original Treaties were amended and supplemented by the Single European Act and the EU Treaty, the Treaty of Amsterdam, the Treaty of Nice, and the Treaty of Lisbon. Since the last Treaty amendment (the Treaty of Lisbon), the Treaties contain simplified procedures for amending specific provisions alongside the ordinary revision procedure. Article 48(3) TEU provides for an initial phase during which the institutions can reflect on possible Treaty revisions, followed by the convening of a Convention, which will make recommendations as to the revisions, which will, in a third stage, be decided by the 'intergovernmental conference' or IGC. The chapter then considers whether the Treaties subject their amendment not only to procedural, but also to substantive constraints.
Oxford University Press eBooks, Dec 17, 2021
Oxford University Press eBooks, Dec 17, 2021
This chapter reviews judicial protection of all those affected by the European Union's own ac... more This chapter reviews judicial protection of all those affected by the European Union's own actions. Union law rules must be upheld and applied not only within the Member States but also by the institutions and bodies of the Union itself. To this end, the Treaties have established 'a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions'. Due to the requirement of equality of the Member States before Union law (Article 4(2) TEU), the legality of the actions of the institutions and bodies of the Union may be assessed only by the Court of Justice in accordance with Union law. In order to ensure that Union law is respected by the institutions and bodies of the Union, the Treaties provide for procedures whereby the Court of Justice may review the legality of their acts directly. In addition to these 'direct actions', there is the possibility for national courts and tribunals to ask the Court of Justice to give preliminary rulings on the validity of acts of the institutions and bodies. The chapter provides a brief description of these two forms of legal protection before assessing how the combination of the two forms constitutes a comprehensive system of legal protection.
Oxford University Press eBooks, Dec 17, 2021
This chapter outlines the procedures for the accession to and withdrawal from the European Union.... more This chapter outlines the procedures for the accession to and withdrawal from the European Union. The accession procedure begins with an application to become a member of the Union. Article 49 TEU provides that '[a]ny European State which respects the values referred to in Article 2 and is committed to promoting them' may apply to become a member of the Union. The requirement that a candidate Member State should respect 'the values referred to in Article 2' was introduced by the Treaty of Lisbon and refers to the values of respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities. Since the entry into force of the Treaty of Lisbon, the Treaties also make it possible for any Member State to withdraw from the European Union (Article 50 TEU). The leaving Member State has to negotiate and conclude an agreement with the Union, setting out the arrangements for its withdrawal and taking account of the framework for its future relationship with the Union. The chapter then looks at the withdrawal of the United Kingdom from the Union, so-called Brexit.
Columbia Journal of European Law, 2002
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union i... more In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following:
international trade law and arbitration;
public international law;
the ECHR and EctHR;
public policy exceptions to the four freedoms;
European citizenship;
competition law;
national and EU procedural law; and
protection of social and labour standards.
In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union i... more In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following:
international trade law and arbitration;
public international law;
the ECHR and EctHR;
public policy exceptions to the four freedoms;
European citizenship;
competition law;
national and EU procedural law; and
protection of social and labour standards.
In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union i... more In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following:
international trade law and arbitration;
public international law;
the ECHR and EctHR;
public policy exceptions to the four freedoms;
European citizenship;
competition law;
national and EU procedural law; and
protection of social and labour standards.
In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
Oxford University Press eBooks, Dec 17, 2021
This chapter evaluates 'Union law', which consists of the rules enshrined in the Treaties... more This chapter evaluates 'Union law', which consists of the rules enshrined in the Treaties and acts adopted pursuant thereto, as applied and interpreted by the national courts and the Court of Justice. Depending on the origin of the provisions, a distinction may be made between constitutive norms which come into being as a result of action on the part of the Member States themselves (primary Union law), rules created by Union institutions and bodies (secondary or 'derived' Union law), and other rules which have been accepted by case law as being general principles of the Union's legal order. Secondary Union law is constituted by the legislative acts and other acts of the institutions, bodies, offices, or agencies, usually in the form of specific instruments of Union law ('autonomous' acts) as well as the international agreements concluded by the Union ('conventional' acts). The case law of the Court of Justice relating to the primacy and the possible direct effect of Union law has made it clear that Union law as such has effect in the national legal system. Both the European Union and the Member States as well as individuals are entitled to enforce the proper application of Union law.
Review of European Administrative Law, Jun 1, 2010
Now here is a promising title. The EU legal order is interacting with almost every domain of nati... more Now here is a promising title. The EU legal order is interacting with almost every domain of national law. Accordingly, it seems well worth inquiring into whether EU law also affects administrative law in general and administrative justice in particular in the EU Member States. Moreover, the bottom up approach may be quite refreshing, especially for EU law experts. It is all too common to read in an ECJ judgment that 'it is for the national court to decide…', 1 but rarely EU law experts have more than anecdotal information on how exactly national courts do get about making the analyses and assessments the ECJ is expecting them to do. Therefore a book that seeks to find out how courts in a various Member States respond to the demands imposed on their legal systems by EU law is a welcome addition to any law library. The question then is whether the book lives up to the expectations. Fortunately, prima facie, it does. The choice for the Italian, German and English legal systems seems an appropriate one. The author rightly justifies her choice by pointing out that they may represent three legal currents in administrative justice in Europe, and the wealth of national judgments that are presented against the wider background of those legal systems is a testimony to the wide grasp the author has of the niceties of these systems. Also when it comes to her analysis of the relevant ECJ case law the track record appears impeccable, with adequate descriptions of the state of the law. Good descriptions of the national legal systems involved, however, do not yet make good comparative work-let alone interesting comparative research. And here my initial enthusiasm is waning. Because at the end of the day one may wonder what this ambitious study has revealed. The question mark in the book's title is no coincidence. The book finds only limited 'europeanisation' of administrative justice, or rather, it only finds limited traces of it in the five fields (access to justice, time limits, ex officio raising of EU law to assess the validity of an administrative measure, rules on evidence and interim relief), or the aspects of these fields that are studied. Moreover, the author seems constantly hedging her findings, suggesting that there may nonetheless be 'europeanisation' where she didn't find it, or other reasons to explain developments that do suggest 'europeanisation'. Finally, the comparison between the three systems at best results in overviews of differences and similarities, but the reader is left wondering what can be done with these findings next. Do they signal the need for legal reform in these, and perhaps other, similarly organised, Member States? Is there need
Oxford University Press eBooks, Dec 17, 2021
This chapter addresses the relationship between the European Union and international law. Article... more This chapter addresses the relationship between the European Union and international law. Article 218 TFEU lays down the procedure by which the Union concludes agreements with third countries or international organizations. Agreements concluded by the Union are binding on the Union institutions and on Member States (Article 216(2) TFEU). The provisions of such agreements form an integral part of the Union legal order from the moment they enter into force. This is in accordance with the 'monist' approach: agreements concluded by the Union form part of the Union legal order without there being any necessity to transpose them into internal provisions of Union law. Exceptionally, agreements not concluded by the Union but by the Member States also have binding force. This is so when the Union has assumed, under the Treaties, the competence previously exercised by the Member State in the field to which the agreement applies. This was the case with the General Agreement on Tariffs and Trade (GATT). An agreement concluded by the Member States is also binding on the Union when the Treaties provide that the Union must exercise its competence in accordance therewith. Examples are provided by the Geneva Convention and the Protocol relating to the status of refugees and other relevant treaties, which are binding on the Union in the matter of asylum policy (Article 78(1) TFEU).
Oxford University Press eBooks, Dec 17, 2021
This chapter sets out the procedures for amending the Treaties. An amendment to the Treaties enab... more This chapter sets out the procedures for amending the Treaties. An amendment to the Treaties enables amending or supplementing provisions to be adopted that have the same legal force as the original Treaty provisions. In this way, the original Treaties were amended and supplemented by the Single European Act and the EU Treaty, the Treaty of Amsterdam, the Treaty of Nice, and the Treaty of Lisbon. Since the last Treaty amendment (the Treaty of Lisbon), the Treaties contain simplified procedures for amending specific provisions alongside the ordinary revision procedure. Article 48(3) TEU provides for an initial phase during which the institutions can reflect on possible Treaty revisions, followed by the convening of a Convention, which will make recommendations as to the revisions, which will, in a third stage, be decided by the 'intergovernmental conference' or IGC. The chapter then considers whether the Treaties subject their amendment not only to procedural, but also to substantive constraints.
Oxford University Press eBooks, Dec 17, 2021
Oxford University Press eBooks, Dec 17, 2021
This chapter reviews judicial protection of all those affected by the European Union's own ac... more This chapter reviews judicial protection of all those affected by the European Union's own actions. Union law rules must be upheld and applied not only within the Member States but also by the institutions and bodies of the Union itself. To this end, the Treaties have established 'a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions'. Due to the requirement of equality of the Member States before Union law (Article 4(2) TEU), the legality of the actions of the institutions and bodies of the Union may be assessed only by the Court of Justice in accordance with Union law. In order to ensure that Union law is respected by the institutions and bodies of the Union, the Treaties provide for procedures whereby the Court of Justice may review the legality of their acts directly. In addition to these 'direct actions', there is the possibility for national courts and tribunals to ask the Court of Justice to give preliminary rulings on the validity of acts of the institutions and bodies. The chapter provides a brief description of these two forms of legal protection before assessing how the combination of the two forms constitutes a comprehensive system of legal protection.
Oxford University Press eBooks, Dec 17, 2021
This chapter outlines the procedures for the accession to and withdrawal from the European Union.... more This chapter outlines the procedures for the accession to and withdrawal from the European Union. The accession procedure begins with an application to become a member of the Union. Article 49 TEU provides that '[a]ny European State which respects the values referred to in Article 2 and is committed to promoting them' may apply to become a member of the Union. The requirement that a candidate Member State should respect 'the values referred to in Article 2' was introduced by the Treaty of Lisbon and refers to the values of respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities. Since the entry into force of the Treaty of Lisbon, the Treaties also make it possible for any Member State to withdraw from the European Union (Article 50 TEU). The leaving Member State has to negotiate and conclude an agreement with the Union, setting out the arrangements for its withdrawal and taking account of the framework for its future relationship with the Union. The chapter then looks at the withdrawal of the United Kingdom from the Union, so-called Brexit.
Columbia Journal of European Law, 2002
The Centre for European Policy Studies (CEPS) is an independent policy research institute in Brus... more The Centre for European Policy Studies (CEPS) is an independent policy research institute in Brussels. Its mission is to produce sound policy research leading to constructive solutions to the challenges facing Europe. The views expressed are entirely those of the authors and should not be attributed to any institution with which they are associated.
EU Constitutional Law
This chapter reviews decision-making in respect of the Common Foreign and Security Policy (CFSP).... more This chapter reviews decision-making in respect of the Common Foreign and Security Policy (CFSP). CFSP decision-making is subject to the 'specific rules and procedures' laid down in Chapter 2 of Title V of the TEU. In this field, the Contracting Parties never wished to make the national governments—represented in the Council—share their power of decision with the Commission and the European Parliament in the same way as in other fields of Union action. According to Article 24(1), second subpara. TEU, the CFSP is to be defined and implemented by the European Council and the Council acting unanimously and put into effect by the Member States or the High Representative of the Union for Foreign Affairs and Security Policy. The adoption of legislative acts is excluded. Pursuant to the same provision, the 'specific role of the European Parliament and of the Commission in this area is defined by the Treaties'. It is clear that policy-making and implementation with respect t...
Yearbook of European Law, 2003
Page 1. Judicial Review as a Contribution to the Development of European Constitutionalism KOEN L... more Page 1. Judicial Review as a Contribution to the Development of European Constitutionalism KOEN LENAERTS AND TIM CORTHAUT* I. Introduction The Community judicature definitely has a role to play in enhancing democracy ...