Reflections on the Development of the EU Law

European Studies – The Review of European Law, Economics and Politics, 2015

European Studies – The Review of European Law, Economics and Politics is a peer reviewed periodical in the form of year-book of the Czech Association for European Studies. The presented journal reflects the interdisciplinary character of this scientific society, therefore it does not limit to only one discipline within the European studies, but on the contrary, it pursues for a multi-disciplinary approach and analysis of various aspects of the European integration. That is why the concept of the journal accounts with the scientific articles and expertise not only from the field of European law but from European economy, European political science, EC/EU history and other relevant disciplines relating to supranational entities as well. “European Studies…” journal serves as a forum for the exchange of scientific opinions, research analyses, reviews on new important publications, and other relevant information from European studies disciplines for authors and readers all over the world, which enables the better reflection of the diversity of opinions and approaches The multinational character of the concept of the journal is enhanced by the composition of the Editorial board itself, which involves leading experts from the different countries all over the world.

European Studies – The Review of European Law, Economics and Politics, 2016

European Studies – The Review of European Law, Economics and Politics is a peer reviewed periodical in the form of year-book of the Czech Association for European Studies. The presented journal reflects the interdisciplinary character of this scientific society, therefore it does not limit to only one discipline within the European studies, but on the contrary, it pursues for a multi-disciplinary approach and analysis of various aspects of the European integration. That is why the concept of the journal accounts with the scientific articles and expertise not only from the field of European law but from European economy, European political science, EC/EU history and other relevant disciplines relating to supranational entities as well. “European Studies…” journal serves as a forum for the exchange of scientific opinions, research analyses, reviews on new important publications, and other relevant information from European studies disciplines for authors and readers all over the world, which enables the better reflection of the diversity of opinions and approaches The multinational character of the concept of the journal is enhanced by the composition of the Editorial board itself, which involves leading experts from the different countries all over the world.

THE CONCEPT OF RULE OF LAW, 2024

The article analyzes the concept of the rule of law in European Union law. This concept, known for a long time in treaties, has recently gained importance. It seems that two events were the turning points in the understanding of the rule of law in the EU legal order. The first, strictly legal, was the adoption and entry into force of the Treaty of Lisbon, which established today's Art. 2, which expressly expresses the rule of law as one of the principles on which the European Union is based. The second, this time political, were the results of elections in some Member States, the results of which, in the form of taking power or co-power by groups that were clearly anti-European or highly skeptical about the European Union project, were not liked by the EU left-liberal mainstream, which alternated power in countries such as Austria, and later to an even greater extent Hungary and Poland, was perceived as a threat to the a priori vision of permanently tightening integration.

Perspectives on Federalism, 2017

For the first time since its creation, the European Union (EU) has been living its probably most significant identity crisis. This crisis has its roots in different critical situations that have hit the EU, have affected its functioning and have fundamentally questioned its legitimacy. The gaps in the EU integration process have been uncovered and the fragmentation of EU policies has become a source of different risks. On the anniversary of sixty years of the Rome Treaties, this Special Issue aims to reflect on the paradigms for EU law looking beyond their competing accounts of EU integration. The analysis is developed through a series of contributions that challenge the paradigms in different directions. The discussion is articulated on two levels. On the one hand, a group of contributions focuses on the historical and legal analysis of the emergence and transformation of the EU legal order. These contributions delve deeper into the absence of a European identity and go beyond the inherent critique that the EU is a demoicracy that struggles with a democratic disconnect or even deficit. On the other hand, other contributions debate paradigms and their implementation in important policy domains. These contributions aim to give a more practical perspective on the constitutional and/or administrative character of the European Union, showing its implications and concrete questions.

1999

Is the European Union a new Walden? Although a contrast in form and format, the Union is surprisingly close to the latter's underlying philosophy. One can read this proximity in the Treaties or the many facets of the European idea which mirrors in the Union's emerging legal system. Today there is no longer a Union of a limited number of Nation States desiring to end divisions among themselves, to acquire mutual respect and prosperity or a higher standard of living and working conditions for its members. European citizenship shows a global orientation and is in continuous competition with the discourse of a globalizing economy and its Internet democracy. Analyses of concepts such as political geography, global, (supra)national and regional citizenship, democracy, learning society, native tongue and market lead to the insight that the Union's legal system wishes to ensure its citizens a legally engendered, formatted and protected global position for action. Walden's ph...

Journal of Constitutional History / Giornale di Storia Costituzionale, 2023

www.storiacostituzionale.it I testi inviati alla redazione sono sottoposti a referaggio anonimo da parte di due esperti selezionati dalla Direzione sulla base delle proprie competenze e interessi di ricerca. Responsabili del processo di valutazione sono i Direttori della rivista. The papers submitted for publication are passed on two anonymous referees (double-blind paper review), which are chosen by the Chief Editors on the base of their expertise. The Chief Editors are responsible for the peer review process. Sommario / Contents giornale di storia costituzionale n. 45 / I semestre 2023 journal of constitutional history n. 45 / I semester 2023 Rule of Law and Rechtsstaat. Historical and Procedural Perspectives (second part) / Rule of Law e Rechtsstaat. Prospettive storiche e procedurali (seconda parte) Introduzione / Introduction luigi lacchè Fondamenti «EU's legal history in the making». Substantive Rule of Law in the Deep Culture of European Law / «La storia giuridica dell'Unione europea in divenire»: lo Stato di diritto sostanziale nello strato profondo della cultura del diritto europeo martin sunnqvist The Concept of the Rule of Law-Just a Political Ideal, or a Binding Principle? / La nozione di Stato di diritto: ideale politico o principio vincolante? juha raitio 47 Obtaining and Assessing Information about Rule-of-Law Compliance in Member State Courts. Using the European Arrest Warrant as an Illustration / Ottenere e valutare le informazioni sul rispetto del rule of law da parte dei tribunali degli Stati membri. Il ricorso al mandato d'arresto europeo come esempio lotta maunsbach 77 The Rule of Law Deficit in EU Competition Law-A Time for Reassessment / Il deficit del rule of law nel diritto della concorrenza dell'Unione europea: tempo di bilanci cristina teleki 91 Judicial Review in the Digital Era: Safeguarding the Rule of Law Through Added Safeguards? / Il controllo giurisdizionale nell'era digitale: è possibile preservare lo Stato di diritto tramite garanzie aggiuntive? annegret engel 103 The Action Brought by European Organisations of Judges against the Council of the European Union over the release of EU Recovery and Resilience Funds to Poland giornale di storia costituzionale / journal of constitutional history 45 / I 2023, pp. 11-35

Polish Review of International and European Law (The), 2016

2014

This new book aims to provide some insights on recent trends and patters in judicial dialogue between the Court of Justice of the European Union (hereinafter “CJEU”) and national courts (Constitutional Courts included). The book features seven contributions. Their order is not accidental: specific issues come after more general topics, these latter being dealt with within the first three chapters. The first article included in this book and written by Giuseppe Martinico serves as a relevant introduction to the subject-matter of this book. It aims at exploring the interesting issue of judicial application of the ECHR and EU law, in order to elucidate the vertical relationship between national judges (constitutional and common law alike) and these external legal sources. The second contribution is somehow related to the first one: Ioana Răducu discusses the dialogue between courts, and more precisely the way the former accept the decisions rendered by supranational courts and also the role played by the judicial dialogue in reducing the risk of conflicts between courts. Yet the emphasis placed by the author on this judicial dialogue is that of deference. The value of (judicial) dialogue in the EU, as discussed by the author, comes along with pragmatic advantages for both EU and domestic legal orders. The third chapter, authored by Juan A. Mayoral, approaches the issue of the use of preliminary ruling procedure and tries to establish determinants liable to explain differences in its use between new and old Member States. The value of this contribution lies especially in presenting original and comprehensive data on the use of preliminary references (1961-2011) in all 27 Member States and also in identifying differences in institutional dynamics at the national level. Giuseppe Bianco and Tatum Ragues present the interesting topic of balance between one fundamental freedom of the European Union (free movement of services) and fundamental rights, as it comes out from the approaches followed by the Court of Justice of the European Union in its rich case law. The authors emphasize the constitutional dimension of the principle of proportionality in the approach taken by the Court of Justice. Within the same preliminary ruling procedure, Ricardo García Antón approaches in the fifth chapter of this book the role played by the Court of Justice in the field of indirect taxation. Two fundamental questions are explained here: the judicial dialogue between the European court and national courts and the role adopted by the Court of Justice. According to the author, within this field, the Court adopts a more hierarchical role, rather than the traditional cooperative one: “the traditional functions of the CJEU within the preliminary reference system are being replaced by those which belong to a national Supreme Court” (p 116). This paradigm shift is explored at length. The sixth contribution, written by Mihaela Vrabie, approaches the status of the Charter of Fundamental Rights of the European Union in the framework of the preliminary reference procedure, also concerning the much debated issue of the field of application of the Charter with regard to Member States. The final chapter introduces the parallel application of the Charter of Fundamental Rights and the European Convention on Human Rights by Romanian courts, as pointed out by certain preliminary references to the Court of Justice made by the former, but also in certain decisions by which courts rejected requests of the parties to make references to the Court of Justice. Certain patterns in that regard are approached.