The Court of Justice of the European Communities (original) (raw)
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EUROPEAN COURT OF JUSTICE:EN ROUTE TO EUROPEAN INTEGRATION
Shodhsamhita, 2022
International organizations are created on the basis of international agreements for certain specific purposes, having separate legal personality and as such, are the subjects of international Law.Time to time international and regional organizations, such as League of Nations, United Nations, the European Union, World Trade Organization among others, are being formed up, which have played very important role in establishing cooperation between Sovereign States.It can be rightly said that as a unit the EU has much more economic, social, technological, commercial and political clout than individual efforts of its members.The Court of Justice of the European Union is regarded as one of the EU's important and influential organs. It has the authority to check the legal validity of the functioning of the EU institutions and to ascertain that Member States have followed and implemented their duties under the EU law.
Eastern Journal of European Studies, Volume 11, Issue 2 (indexed by: CEEOL | DOAJ | EBSCO | Google Academic | ProQuest | RePEc | SCOPUS | Web of Science - ESCI), 2020
The judicial contribution to the dynamic process of European Integration was especially important, as the Court of Justice of the EU, through its creative and extensive interpretation of the Treaties, became an important catalyst for the integration process. The next phase of the European integration seems to be the 'integration through the rule of law', as the further development of this process must be based on a secure and solid ground, reaffirming the Union as a community of values. Given its importance for the confidence of citizens in the Union and the effective delivery of policies, the rule of law is of central relevance to the future of Europe. The main aim of this paper is to examine the progressive and influential role of the CJEU regarding the integration process, as a starting premise for determining its potential as an actor in the process of overcoming the following challenges.
The European Union from Maastricht to Lisbon. Institutional and Legal Unity Out of the Shadows
2010
The EU was originally established in the Treaty of Maastricht in 1992 as a formal legal construct not entailing legal unity with the pre-existing EC. Almost 20 years later the Treaty of Lisbon explicitly ordains legal unity, thus catching up with legal and institutional practices, social reality and the perception of citizens and third states. This paper analyses the trend of harbouring, within the outer shell of the Union, various autonomous and interlinked entities with their own specific roles and legal regimes has been continued. Rather than thinking in terms of 'layers' implying images of vertical and horizontal separation it may be more appropriate to think rather of a looser and less sharply defined 'marbling' effect. Legal unity is in any event the order of the day and no longer 'in disguise'. The new Lisbon Treaty has the advantage that it in one fell swoop improves the systemic visibility and structural clarity of European integration processes. At the same time this catches up with social reality and the perception of citizens and third states already from the early days that the EU constitutes an organizational and legal unity. 3 The 'verdict' of both the Court of Justice in developing the 'living' constitution over time and the framers of inter alia the Treaty of Lisbon is that the legal system-and also the political system-of the European Union as such is developing as an institutional and legal unity. Such a unitary institutional legal system creates spaces for developing a variety of sub-legal systems not only within the Union itself, but also within the separate policy areas, a reality most recently consolidated in the Treaty of Lisbon. We begin by outlining in some detail our theoretical starting point for the analysis of the development of the legal system of the European Union as such, namely the 'institutional theory of law' (paragraph 2). This institutional approach constitutes in our view still the best possible theoretical framework for analyzing a complex modern legal system such as that of the European Union. In applying the core concept of this theory, 'legal institution', to the Treaty on European Union, we defend the thesis that already in this Treaty and its legal system an international organization with a unitary but complex legal character was established in 1992. Whether this legal 'picture' presented by the provisions of the TEU itself, is in fact operationalised in the institutional legal practices of the Union in the context of CFSP, CJHA and PJCC, is the focus of paragraph 3. Finally we make some concluding observations on the nature and refinement of the 'marbling techniques' employed both in the Treaty provisions and in their (future) operationalization in practice.
2003
This contribution addresses the question of the complex legal relationship between the European Union the European Community and their member states. It is argued that the legal order of the Communities forms a part of the Union's legal order. In that sense there is a single legal order of the Union, which may even be perceived in terms of a constitution. This constitution may be seen as overarching everything that goes on within the Union, on the basis of both the Union and the Community treaties. Through the unity of the Union's legal order, the member states do not stand in another relation to the Union than to the Communities. With the Treaty on European Union they established a new international legal person, the organs of which on the basis of decision-making procedures are made competent to adopt decisions and to act on behalf of the member states. As the Union constitution is based on an interdependence of all norms in the European Union (including those based on the Community treaties), it becomes increasingly difficult to make a strict separation between the three parts of the Union. Although this paper was originally written in reaction to a paper by Prof. Werner Schroeder, entitled The Constitutional Relationship between the European Union and the European Communities, it can perfectly be read on a stand alone basis as the arguments used by Schroeder are repeated.
A. Jakab, A. Dyevre, G. Itzcovich (a cura di), Comparative Constitutional Reasoning, Cambridge, Cambridge University Press, 2017, pp. 277-322
THE EUROPEAN PARLIAMENT'S ROLE IN THE COMMUNITY INSTITUTIONAL SYSTEM
The European Parliament was founded by the Treaty of Rome (1957) to represent the "peoples of the states gathered in the European Union". The Parliament was originally organized as a deliberative, consulting assembly and made up of members of national parliaments, being the only community institution today, directly elected by the member states' citizens. The subsequent community legislation especially the Treaties of Maastricht and Amsterdam have significantly changed the Parliament's role and it has become a body with political functions and legislative, budgetary and control powers.
Looking for Coherence within the European Community*
European Law Journal, 2005
In this paper I discuss the relationship between the idea of coherence and the legal order set up by the European Community. I focus on a specific dimension of this relationship and show how the appeals to coherence made by the European Court of Justice (the Court) have shaped a particular branch of the European legal order, namely, the judicial review of Community acts. The analysis of the Court's case law in this field allows us to understand that in its extensive use of coherence the Court explored and brought into play different types of coherence and, while it failed to distinguish between them, it made use of sorts of coherence that thus far legal theorists have disregarded. On this ground, I conclude that a closer collaboration between legal theory and legal practice would be profitable for both legal theorists and Community law specialists.
The Role of the European Court of Justice in European Integration
2018
The European Court of Justice (ECJ) is a crucial institution in the European Union (EU). It is one of the oldest legal institution that facilitated the development and establishment of the European Union. It is an independent institution which mainly interprets European Union Law and ensures crucial decisions made for the EU are apt with the Law. This paper aims to discuss and see the ECJ's role beyond its judicial duty but also its role in the European integration; it aims to answer whether the ECJ's role has an active or passive effect in the European Integration over the years. The first chapter of the paper will be discussing the historical background of the ECJ. It will briefly discuss the emergence of the Court and its importance in the development of the EU. The second chapter will discuss the role and structure of the ECJ; how it functions, the actors involved, the important sub-levels that makes up the ECJ. This chapter will explain the procedure before the court and the preliminary rulings.
On the Way to an Anthroparchic Community of Law. The European Union as the Subject of Global Law
Polish Review of International and European Law, 2018
According to I. Pernice, the European Union has to be distinguished from an international organization for four reasons at least.First, there is no international organization where citizens have their own political representation and participate in the decision-making process. Second, direct legal action against individuals by directly applicable legislation does not happen. Third, the question of protection of fundamental rights against such ‘international’ power is not an issue. Last but not least, ‘no international organization provides for legal remedies of individuals against measures of that organization since there is no action having direct effect to the individual’. Therefore the author believes that the EU is an organization of citizens albeit having an appearance of an organization between states.Nevertheless one needs to remember that the European Union was founded as an intergovernmental organization by the European states on the principles of international law. That is...