RIGHTS AND RELATIONS WITHIN THE EUROPEAN UNION LAW (original) (raw)

Understanding of the Built of European Union Legal System: The Function of Individual Rights

The article analyses whether in the EU legal system, the selection of relevant interests in horizontal legal relationships arises for the same reason and in the same way as the qualification of rights in vertical legal relationships, that is, to consolidate the EU legal system. It analyses the network of private actors and the relations among them within the EU legal order. Familiar private law instruments such as tort or contract now appear as only a small part of many possible tools harnessed with the aim of obtaining allocative efficiency or distributive justice and are synthetically described as the correction of market failures.

Rise and Fall of the Classic Concept of Private Law: Lessons from the legal consciousness of European Private Law

DESC - Direito, Economia e Sociedade Contemporânea, 2018

Is there such a thing as European private law, a set of rules of EU law distinguished by the binary opposition public and private law? This article aims to shed light on the debate over the rise and the fall of the classic concept of private law and how the legal consciousness of the latter enhanced the legal awareness of European private law. Philosophy and sociology of law claim reasons in the search for answers, from a metaphysical and epistemological points of view. Furthermore, the reality of private law in practice put the ancient concepts in challenge by the phenomena of transnationalization of Law. Globalization, europanization, and the privatization of private Law are factual claims against the persistence of the classic concept of private law. These categories reveal the inconsistences between the theory of will in books and law in practice, suggesting that pluralism can face the lack of sense of a universal model of private law to all the realities involved in the European Union. The belief that the harmonization (or systematization) of national Civil Codes at the European level would lead to the coherence of private law is one of the bases to a final question about the extent to which the persistence of the classic concept of private law among legal scholarship is still an obstacle to the effectiveness of EU integration through the combination of public and private enforcement.

European Review of Private Law

Originally, private law was considered to be immune from the effect of fundamental rights, the function of which was limited to being individual defenses against the vigilant eye of the state. This traditional view, however, has been put under pressure as a result of the growing effect of fundamental rights in private law, which makes it possible to speak about the tendency towards the constitutionalization of private law. Although until recently this tendency has primarily manifested itself in the national law of many EU Member States as a result of the readiness of the domestic courts to grant effect to fundamental rights embodied in national constitutions and international human rights instruments in purely private law disputes, an interesting perspective on the issue is also provided by EU law. The aim of this article is to trace in EU law the signs of the developments which have been occurring in national legal systems with regard to the effect of fundamental rights in private law, and, in the light of this, to outline possible directions in the evolution of the relationship between private law, on the one hand, and EC fundamental freedoms and EU fundamental rights, on the other, in the context of EU law.

European Private Law In-Formation

CITTADINANZA EUROPEA (LA), 2000

The paper focuses on the issue of the Union’s legitimization, looked at from the point of view of the new constitutional architecture set up with the Lisbon Treaty, thus putting emphasis on the need for a broader and deeper community among the peoples of Europe, in the light of a true common citizenship at European level.

The Involvement of EU Law in Private Law Relationships, edited by D.Leczykiewicz and S.Weatherill (Oxford: Hart, 2013, ISBN 9781849463300); lviii+433pp., £75.00 hb

JCMS: Journal of Common Market Studies, 2014

Law plays a complex political role in global governance, being a key framework through which ideas, institutions and interests engage, are captured and legitimized. Critical strands in legal scholarship have 'problematized' the supposed neutrality of international law and the narrowness of the 'universal' values underpinning it, highlighting its contingent nature and the changing relationship between these three elements over time. Consideration of the legal dimension of the European Union's (EU) role in global governance, as an international actor mandated to act according to identified values, with law identified as both a means and an end in this endeavour, offers a unique opportunity to explore the legal dimension to the EU's approach and reflect on the key role that law plays within this. The central question of this book-how, and to what extent can the EU shape the legal structures and substance of global governance in line with its rule of law based mission statement?-is insightfully addressed by legal scholars in contributions organized under six sections on the areas of global governance, security, trade, the environment, international finance and some social issues (migration and labour rights). In the book's concluding chapter, the editors propose that the EU's 'governance mode of foreign policy' (a conceptual insight proposed by De Búrca in her chapter of that title, which describes the EU's tendency to act collectively and establish and institutionalize stable external governance systems on a wide range of issue areas) is 'vindicated'. This conclusion perhaps overlooks the implications of reflections raised by some contributors such as De Búrca, Wu and Durán on aspects of the EU's interpretation and progression of the principles and objectives of its mission statement contained in Articles 3(5) and 21 of the Treaty on European Union (TEU). They highlight a perceived dissonance between, for example, values such as 'equality' and 'solidarity' and the EU's approach to partnership, multilateralism and the development of developing countries, and the EU's efforts to promote its own rules and interests within certain sectors. More critical exploration of these tensions would prompt further consideration of the particular approach of the EU to its norm laden, law-focused mandate; how this shapes, facilitates or masks the exertion of influence and power within global governance arenas; and the significance and role of law to the resulting policy outcomes. This comprehensive work makes an important and timely contribution to a growing field of research. Both international relations and legal scholars will find this book very useful due to the breadth of the subject material considered and the accessible way in which this has been presented and woven together. Its structure makes it amenable to use both as a reference and as a teaching resource.

Private Law and the New European Constitutional Settlement

European Law Journal, 2004

The prospect of a constitution for Europe sheds a new light on, and transforms the parameters of, the debate over the future of European private law. Today, among many private lawyers and comparative lawyers, a consensus seems to prevail that 'a serious effort must be undertaken to develop a common core of European legal principles and rules, to engage in the construction of a European legal lingua franca'. 1 Here I propose a different perspective on the issue of the Europeanization of private law by addressing the following questions: How should private law and constitutional law be interrelated in the new European multi-level system? What should an 'alignment' 2 of private law to constitutional principles recognised in Europe look like-in particular, does the integration of private law into the broader aspirations of the new Europe require a code? Start with the idea-familiar from domestic legal systems-that constitutional law not only gives rise to a 'protective function of the state' 3 or 'positive obligation of the state' 4 to develop private law with due regard constitutional values, but that it is also

THE POSITION Of THE INDIVIDUAL IN THE EUROPEAN UNION THROUGH THE LENS Of THE ACCESS TO jUSTICE

EU AND COMPARATIVE LAW ISSUES AND CHALLENGES, 2017

This paper aims to question the position the individual has in the European legal sphere, understanding it as a fundamental topic within the frame of general international law. Since the positive international law lacks a normative definition of the subject, partly because of the inherent complexity of the problem, and partly because of the terminological inconsistency, this work aims to point on the major theoretical and practical dimensions of the issue at hand, fo-cusing on the European region. The author will pay special attention to the procedural level of the individual's position, embodied by the right of individual to access justice in the European Union. The author will question the capacity for action, which is the ability of individual to initiate proceeding of judicial and other relevant authority. Inevitably, the attention will be given to the interrelation between the ECtHR and the ECJ with regard to the status individual has before two major judicial bodies in Europe. The paper aims to offer significant scientific and social contribution to enlightening the controversies over the traditional understanding of theindividuaìs position in positive international law, and to offer a new approach, especially with the relation to the standing of the domestic and regional legal theory and practice, as well as the consequences such new approach entails. The author will use the following scientific methods in the project: comparative method, method of analysis and synthesis, historical legal method and sociological method.

The citizen in European private law: Norm-setting, enforcement and choice

2016

In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.

INTERNATIONAL CONFERENCE OF LAW, EUROPEAN STUDIES AND INTERNATIONAL RELATIONS, 3 rd Edition Titu Maiorescu University -Faculty of Law THEME: PERSPECTIVES OF NATIONAL AND EUROPEAN LAW IN THE CONTEXT OF THE COMPLEX CHALLENGES OF CONTEMPORARY SOCIETY

With nearly a decade of experience in organizing the International Conference "Education and Creativity for a Knowledge-based Society", held in collaboration with the Academy of Scientists of Romania, TITU MAIORESCU UNIVERSITY of Bucharest launched in 2013, a new scientific challenge by organizing the International Conference on Law, European Studies and International Relations. At previous editions were presented more than 180 scientific works of some renowned professors, researchers and PhD students from Romania and abroad. Trilingual held in Romanian, English and French, the conference was attended by over 10 teachers from Spain, Italy, France and Israel universities. The conference volumes of the first two editions published by the Hamangiu Publishing House were distributed to each participant at the beginning of the conference and thereafter to the most reputed teachers in Romania, as well as academic libraries. These volumes are assigned ISBNs 978-606-678-642-3 and 978-606-27-0020-1. The International Conference of Law aims to reunite scientists, academics, researchers, PhD students, students and, last but not least, law practitioners to exchange and share their experiences and research results. The main theme regards the various aspects of the law reform in accordance with the new national, European and international trends, with focus on the practical challenges encountered and the solutions adopted. We sincerely believe that this important scientific event will be one of the most prestigious events on the national legal calendar, with international echo, providing an opportunity to discuss the current issues affecting the legal community, aiming to highlight new solutions and interpretations. In a world in which legal systems increasingly interfere, legal tradition needs a continuous upgrade to meet diversity. The Conference is based on the idea that law does not develop in an abstract way, but it is shaped by society, by the economic and social reality, by the intellectual, cultural and linguistic environments, and, especially, by immediate needs and by the identification of appropriate solutions. We invite you to be an open window to new interpretations!