Littérature scientifique sur le sujet « Judicial power – European Union countries »
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Articles de revues sur le sujet "Judicial power – European Union countries"
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Arana García, Estanislao. « ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION : TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE ». Administrative law and process, no 2(25) (2019) : 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.
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Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary to: 1) analysis the creative solutions of the agencies courts; 2) verify the performance of agencies through the information provided by themselves; 3) discuss the judicial decisions from a scientific perspective. This process has been implemented through direct contact with experts and professional actively involved at these European administrative courts. Results. EU law is haphazardly creating a system of administrative review that is in many cases a pre-condition to judicial review. This system is most evidently manifesting itself in the application of EU law by administrative agencies. For this purpose, some of the EU’s most important agencies have created specialised bodies known as boards of appeal. These objective and independent bodies have the power to review the decisions of the agency they form part on based on both questions of law and fact. The paper aims to establish a critical vision of the role that new judicial forms are developing and the importance of to reach a specialized criterion for solving technically increasingly complex issues. Conclusions. The board-of-appeal model has proven a successful one as it offers parties a low-cost and effective way of having their complaints resolved without having to go to the European Union Court of Justice. Lastly, there appears to be a need for the European Union to, as it is currently doing with administrative procedure, establish a common set of rules for this emerging remedy for reviewing European administrative acts.
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Parra Gómez, David. « Crisis of the Rule of Law in Europe : The Cases of Hungary, Poland and Spain ». ATHENS JOURNAL OF LAW 7, no 3 (1 juillet 2021) : 379–98. http://dx.doi.org/10.30958/ajl.7-3-6.
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Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.
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Grabowski, Radosław, et Ivan Halász. « Ewolucja węgierskiego modelu zarządzania sądownictwem i samorządu sędziowskiego na Węgrzech w latach 1989–2019 ». Przegląd Prawa i Administracji 119 (20 janvier 2020) : 171–80. http://dx.doi.org/10.19195/0137-1134.119.17.
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THE EVOLUTION OF THE HUNGARIAN MODEL OF JUDICIAL MANAGEMENT AND JUDICIAL SELF-GOVERNMENT IN HUNGARY IN THE YEARS 1989–2019The Hungarian constitutional system after 1989 was initially subject to evolutionary changes. The previously binding constitution was only amended, although in most countries of the region the new constitutions created new system concepts. This also concerned the organisation of the judiciary, which in Hungary for a long time remained under the influence of the doctrine formed in the time of the socialist state. Significant corrections in this respect did not take place until 1997, but the solutions and institutions created at that time — including judicial self-government — survived for only slightly more than a decade. The political parties that came to power in 2010 adopted a new Basic Law and made far-reaching transformations in the field of symbolism, constitutional principles and the system of constitutional organs. Both the scope of the changes and the way they were carried out provoked resistance from various environments, including judges, whose influence on the organisation of the judiciary and its functioning was significantly reduced. The dispute that occurred was the subject of debate throughout Europe, and the institutions of the Council of Europe and the European Union were involved in resolving it.
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Nykytchenko, N. « The legal status of a lawyer in the countries of the European Union ». Fundamental and applied researches in practice of leading scientific schools 28, no 4 (1 septembre 2018) : 103–7. http://dx.doi.org/10.33531/farplss.2018.4.19.
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This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.
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Bilash, Oleksandr, et Nataliya Shelever. « Constitutional Principle of Justice in Ukraine in Its Genesis and Implementation in Practice ». Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no 1 (21 juillet 2022) : 55–65. http://dx.doi.org/10.32084/tekapr.2021.14.1-6.
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The authors study the principle of justice in Ukraine, focusing on the problematic issue – the violation of the principle of justice in the administration of law. An example is the decision of the Constitutional Court of Ukraine of 27 October 2020 No. 13-r/2020 on the abolition of electronic declaration of officials, which led to a constitutional crisis in the country. To resolve the situation, the President of Ukraine submitted to the Verkhovna Rada of Ukraine a bill on the dissolution of the Constitutional Court of Ukraine and the annulment of the above-mentioned decision of the Constitutional Court of Ukraine. The situation in the country is of great concern, as Ukraine’s visafree regime with the European Union and Ukraine’s expected membership in the European Union are under threat. Corruption, long-term judicial reform, the constitutional crisis, violations of the principle of justice lead to the outflow of foreign investment from Ukraine, mass migration of Ukrainians to developed countries of the European Union. All these factors hinder the development of the state as independent and democratic. It is concluded that a necessary step for Ukraine’s European integration is not only the declaration, but first of all the implementation of the principle of justice by all branches of Ukrainian power.
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Mendelski, Martin. « The eu’s Pathological Power : The Failure of External Rule of Law Promotion in South Eastern Europe ». Southeastern Europe 39, no 3 (22 décembre 2015) : 318–46. http://dx.doi.org/10.1163/18763332-03903003.
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What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.
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Rudyk, Petro. « The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period ». Law Review of Kyiv University of Law, no 2 (10 août 2020) : 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.
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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.
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Nicolaides, Phedon. « Escape from the jurisdiction of the Court of Justice : A good reason to quit the European Union ? » Maastricht Journal of European and Comparative Law 25, no 1 (février 2018) : 7–21. http://dx.doi.org/10.1177/1023263x18760550.
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One of the principal objectives of Brexit is to end the jurisdiction of the Court of Justice of the European Union (EU) over the UK. It raises the question whether the UK has ‘suffered’ more than other Member States from judicial action. To answer this question, this paper examines statistics on judicial action and finds that i) the UK has not been embroiled in more proceedings before the Court of Justice than other large Member States; ii) fewer proceedings have been initiated against it by the Commission than other larger or medium-size Member State; and iii) the UK has won relatively more cases than other large Member States. The paper also argues that in principle judicial bias towards integration is not necessarily harmful to the interests of a relatively open economy like that of the UK. This is because such an integrationist tendency would pry open other markets which would be beneficial to UK firms. In addition, the distortion-preventing powers of other EU institutions such as the European Commission also tend to favour pro-market countries like the UK. Lastly, the paper considers alternative dispute resolution arrangements identified by the UK and suggests that they are more likely to reduce legal certainty and delay effective enforcement than the present system based on the Court of Justice.
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Kholyavitska, K. S. « Foreign experience of decentralization of power and prospects for Ukraine ». Collected Works of Uman National University of Horticulture 2, no 99 (22 décembre 2021) : 94–103. http://dx.doi.org/10.31395/2415-8240-2021-99-2-94-103.
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The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.
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Chetverikov, A. O. « Immunity of States and International Organizations in the Court of Justice of the European Union Practice and its Significance in the Implementation of Megascience Projects ». Lex Russica, no 4 (24 avril 2021) : 112–29. http://dx.doi.org/10.17803/1729-5920.2021.173.4.112-129.
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In recent years, Russia has invested significant assets in unique scientific facility of the “Megascience” class that are being built or are already operating on the territory of foreign countries, mainly member states of the European Union: the International Thermonuclear Research Reactor-ITER (France), the European X-ray Free Electron Laser-European XFEL, the Large Hadron Collider (Switzerland and France), etc.How reliable and safe are such investments in the context of the sanctions policy of the West, including the EU, against our country? To what extent are they protected by the principle of immunity of states and international organizations, which is generally recognized, but is not interpreted and applied in different legal systems? The paper considers these issues in the context of the development of the judicial practice of the supranational institution of the judicial power of the EU, namely the Court of Justice of the European Union and the concept of relative immunity (immunité relative) formulated herein.Having conducted a comparative legal review of the current state of the sources of law and doctrine on the issues of immunity of states and international organizations, the author analyses and evaluates the decisions of the EU Court of Justice and the legal positions of its attorneys General: — Mahamdia v. Algeria, 2012: for the first time ECJ formulates the concept of relative immunity in relation to states;— "Rina" and "Suprim" cases, 2020: EU Court clarifies the interpretation of the concept of acta iure imperii (acts of public authority), in respect of which states retain immunity in the EU, and extends its concept of relative immunity to international intergovernmental organizations.The final section deals with legal issues that yet to get a clear answer in the practice of the EU Court of Justice. In this regard, the author highlights possible directions of its evolution, and studies other recent decisions of the EU Court of Justice that may affect Russia’s national interests in the context of cooperation with EU member states in the scientific and technical sphere, including megascience, and in other areas.
Thèses sur le sujet "Judicial power – European Union countries"
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Nanopoulos, Eva Eustasie Ermina. « Judicial review of anti-terrorism measures in the EU ». Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610483.
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DAVITER, Falk. « The power of initiative : framing legislative policy conflicts in the European Union ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7044.
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Defence date: 13 July 2007Examining Board: Prof. Adrienne Héritier, (European University Institute/SPS/RSCAS) ; Prof. Stefano Bartolini, (European University Institute/RSCAS) ; Prof. Ellen M. Immergut, (Humboldt University Berlin) ; Prof. Claudio Radaelli, (University of Exeter)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis asks how the framing of policy issues in EU legislative politics influences the way issues are processed, how it affects which interests play a role during policy drafting and deliberation, and what type of political conflicts and coalitions emerge as a result. Focusing in particular on the European Commission’s role in EU policy-making, this thesis goes on to investigate how actors in EU politics define and redefine the issues at stake according to their shifting policy agendas and in doing so attempt to shore up support and marginalise political opposition. Drawing on the empirical investigation of two decades of EU biotechnology policy-making, the thesis finds that the framing of policy issues systematically affects how the complex and fragmented EU political decision-making process involves or excludes different sets of actors and interests from the diverse political constituencies of the Union. It argues that the Commission’s role in structuring the EU policy space can at times be substantial. Yet the longitudinal perspective adopted in this study also reveals how the structuring and restructuring of the biotechnology policy space led to the increasing politicisation of the EU decision-making process. Eventually, the empirical investigation concludes, the Commission was unable to control the political dynamics set off by the reframing of the policy choices, and the resulting revision of the EU biotechnology policy framework ran counter to the Commission’s original policy objectives. This study thus provides fresh insights into the dynamics of policy-level politicisation and its effects on political conflict and competition in the EU. The framing perspective allows students of EU politics to trace how political agents and institutions interact to shape and at times exploit the complexities of EU policy-making in pursuit of their often conflicting agendas. Finally, the findings suggest that the key to conceptualising the scope of Commission agency in terms of systematic policy dynamics lies in exploring the interlocking effects of policy framing and EU politicisation in the political construction of interests at the supranational level.
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Xu, Zi Wei. « Legal standing of private parties within judicial reviews in the European Community : the missing piece in a complete system of remedies ? » Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2099272.
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CORKIN, Joseph. « A manifesto for the European Court : democracy, decentred governance and the process-perfecting judicial shadow ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7030.
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Defence date: 29 January 2007Examining Board: Prof. Christian Joerges, (EUI) ; Prof. Damian Chalmers, (London School of Economics) ; Prof. Alec Stone Sweet, (Yale University) ; Prof. Neil Walker, (EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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Zhu, Feng. « EU energy policy after the Treaty of Lisbon : breakthroughs, interfaces and opportunity ». Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580185.
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Gu, Hong Fei. « Analysis of creating a new type of great power relations between China and the European Union ». Thesis, University of Macau, 2015. http://umaclib3.umac.mo/record=b3335207.
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Wesley, Tiffani. « The locus of power in the European Union : determining whether judicial power will remain at the nation state level or if the European Union will merge into a federal institution ». Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/6805.
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Larry Backer opines that 'Most of the academic work regarding the "lessons" offered by American federalism for the European Union ("EU") and other supra-national systems has predominantly focused on an understanding of post-Civil War American federalism. It remains, on that account, extremely superficial.' Backer notes that there are important lessons to learn from Calhoun's marginalized understanding of federalism that provide emerging supra-national unions like the European Union with a powerful conceptual foundation for the construction of non-national federal systems of government. The research question seeks to test this debate, first by following the theoretical arguments that took place within the United States on the issue surrounding states' rights versus federalism, and second through the various court cases that have occurred within the European national courts and the European Court of Justice. In essence, the research question seeks to determine where the locus of power currently resides, or will tend to reside, between to the European Union and its member nations.
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Macdonald, Anna Maria. « Green Normative Power ? Relations between New Zealand and the European Union on Environment ». Thesis, University of Canterbury. National Centre for Research on Europe, 2009. http://hdl.handle.net/10092/3161.
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The relationship between the European Union (EU) and New Zealand has expanded considerably since the protracted trade negotiations of the 1970s and now includes dialogue and cooperation on a range of policy issues. In recent years, environment has become an increasingly high priority matter and is increasingly referenced as playing an important part in EU-New Zealand relations. At the same time, the EU has been praised for its leadership role in climate change negotiations, and some scholars have described it as a “green” normative power with the ability to influence other actors internationally on environmental policy. Taking the EU-New Zealand relationship on environment as its case study, this thesis attempts to address a gap in the academic literature concerning relations between New Zealand and the EU on environmental issues. It compares and contrasts the concept of EU normative power with that of policy transfer, arguing that both address the spread of ideas, but finding that what might appear to be normative power and the diffusion of norms, can in fact be best explained as policy transfer and the diffusion of policy or knowledge.
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Yan, Ya Xue. « Interests & ; interdependency in Sino-EU renewable energy cooperation ». Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2595814.
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Weyembergh, Anne. « Le rapprochement des législations : condition de l'espace pénal européen et révélateur de ses tensions ». Doctoral thesis, Universite Libre de Bruxelles, 2004. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211208.
Texte intégralLivres sur le sujet "Judicial power – European Union countries"
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The European Court's political power : Selected essays. New York : Oxford University Press, 2009.
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Judicial activism at the European Court of Justice. Cheltenham, UK : Edward Elgar Publishing Limited, 2013.
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Judicial accountabilities in new Europe : From rule of law to quality of justice. Farnham, Surrey : Ashgate Pub., 2009.
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Justice contained : Law and politics in the European Union. Ithaca, N.Y : Cornell University Press, 2002.
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The Judiciary, the legislature and the EU internal market. Cambridge : Cambridge University Press, 2012.
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J, Richardson J., dir. European Union : Power and policy-making. 2e éd. London : Routledge, 2001.
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J, Richardson J., dir. European Union : Power and policy-making. 3e éd. New York : Routledge, 2005.
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Environmental judicial review. Oxford : Hart Pub., 2011.
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The effects of judicial decisions in time. Cambridge, United Kingdom : Intersentia Publishing, 2014.
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Julia, Eisner, dir. The making of a European Constitution : Judges and law beyond constitutive power. New York, NY : Routledge-Cavendish, 2007.
Trouver le texte intégralChapitres de livres sur le sujet "Judicial power – European Union countries"
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Engst, Benjamin G. « Judicial Power in Germany and the European Union ». Dans The Two Faces of Judicial Power, 79–116. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-46016-7_3.
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Półtorak, Nina. « The General Court of the European Union : Characteristic, Competences and Reform ». Dans Judicial Power in a Globalized World, 445–65. Cham : Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-20744-1_28.
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Kurzer, Paulette. « 4. Placed in Europe : The Low Countries and Germany in the European Union ». Dans Tamed Power, sous la direction de Peter J. Katzenstein, 108–41. Ithaca, NY : Cornell University Press, 2019. http://dx.doi.org/10.7591/9781501731488-006.
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van Dijk, Frans. « Independence and Trust ». Dans Perceptions of the Independence of Judges in Europe, 77–92. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-63143-7_6.
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AbstractThe Chapter examines the trust of the general public in the judiciary at the national and EU-level. The starting point is that the correlation between the independence of the judiciary as perceived by the general public and the trust in the judiciary by the same public is very strong: trust in the judiciary equals trust in the independence of the judiciary. Trust in the judiciary is generally higher than that in parliament and government. However, the trust in the judiciary is generally at the same level as that in the public administration. It is likely that the general public associates the public administration with desirable, fair and impartial implementation of public policies, and not so much with (divisive) policy formation. Thus, it is too simple to conclude that the judiciary performs better than the other powers of the state. High trust in the judiciary is fostered by the nature of the tasks. At the EU-level the differentiation of trust between the three branches of government is much smaller than at the national level. Trust in the European Court of Justice (the supreme court of the European Union) is higher than in the national judiciary at low levels of trust at the national level, and smaller at high levels of trust. Still, trust in the ECJ is higher in countries with a highly trusted judiciary than in countries with a less trusted judiciary.
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Battaglia, Francesco. « The Selection of Judges and Advocate-General at the Court of Justice of the European Union : The Role of the Panel Established Under Art. 255 TFEU ». Dans Judicial Power in a Globalized World, 33–45. Cham : Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-20744-1_2.
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Malacka, Michal. « Sharia – Conflict of Law and Culture in the European Context ». Dans Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno : Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.
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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.
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Schroeder, Werner. « The Rule of Law As a Value in the Sense of Article 2 TEU : What Does It Mean and Imply ? » Dans Defending Checks and Balances in EU Member States, 105–26. Berlin, Heidelberg : Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_5.
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AbstractThe rule of law is a value on which the European Union is founded, and which shall be respected and observed by its Member States. This value is not merely an ethical standard but a binding legal principle that is applicable to legal disputes under Union law. The treaties, however, do not provide a definition of this principle. From a Union law perspective, it is therefore indispensable to determine the rule of law more precisely; not only is it referred to in treaty law (Article 2 TEU), but understood by Union courts as a constitutional meta-principle that informs other constitutional norms and may justify review proceedings and sanctions against Member States. The Commission Framework to strengthen the Rule of Law of 2014 does not suffice to shape a ‘Union rule of law’. It relies primarily on the case law of the Court of Justice of the European Union. Yet, this judicial concept of the rule of law is somehow restricted as it focuses almost exclusively on the role of the judicial branch in the Union’s constitutional system. Common European constitutional traditions, however, show that the core concern of the rule of law is the containment of public authority by institutional arrangements. In view of these traditions and the practice of the Union institutions, including the CJEU, consensus at the Union level might be achieved on the fact that the rule of law comprises not only strictly formal standards, but also material criteria of justice related to the juridical shaping of decision-making processes. These elements of the rule of law are intrinsically linked to fundamental rights and shall ensure that within the scope of Union law any public power is exercised in a non-arbitrary and legitimate way. To this end, the Union rule of law may not only be understood as a formal set of objective norms, but as ensuring the protection of individual rights as well.
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Sonnevend, Pál. « The Responsibility of Courts in Maintaining the Rule of Law : Two Tales of Consequential Judicial Self-Restraint ». Dans Defending Checks and Balances in EU Member States, 155–81. Berlin, Heidelberg : Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_7.
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AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.
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Fontana, Olimpia. « Tra solidarietà europea e responsabilità nazionali : la tutela dei beni pubblici europei ». Dans Studi e saggi, 143–62. Florence : Firenze University Press, 2022. http://dx.doi.org/10.36253/978-88-5518-591-2.09.
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The theme of solidarity between European Union (EU) member states lies at the heart of the European integration process itself, in the context of an ongoing tension between the renunciation of national sovereignty, driven by a drive for cooperation, and the maintenance of prerogatives of strategic interest to states. In fact, the EU was born from the decision of its members to pool selected aspects of their sovereignty, in a process whose evolution is expressed both in the choice of community policies and in the availability and methods of financing those policies. These are two sides of the same coin, that of the Community budget, which is the operational instrument that supports and accompanies the major steps in the EU's evolutionary process. Indeed, since the 1980s, the Community budget has represented the instrument capable of holding together on the one hand the process of economic liberalisation and on the other the objective of social integration between countries that had different starting conditions. However, cooperation and solidarity are aspects that need to be strengthened today, albeit in new dimensions. The financial crisis has brought about a new acceleration in the coordination of national fiscal policies, without, however, generating the missing piece to European economic policy, namely an autonomous fiscal capacity, endowed with taxation power, on which a full fiscal union would be based.
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Mahmutaj, Noela. « Russian Government Policy in the Western Balkans ». Dans Securitization and Democracy in Eurasia, 125–35. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-16659-4_8.
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AbstractThis article aims to explain the nature of Russian foreign policy towards the Western Balkan states, taking into account the role of other actors such as the European Union, an increasingly important player in this radically changed geopolitical context. Since the fall of the communist regime, the Western Balkans have faced major challenges and have been at the forefront of debates on critical issues such as transatlantic relations (with regard to NATO and EU enlargement, as well as EU defence policy and security). In recent times, the Balkan region has come under the influence of the Great Powers. Therefore, as a Great Power, Russia is building a foothold in the Balkans, a move criticized and not welcomed by other countries or actors. Furthermore, Moscow is unique in terms of its range of capabilities, including its “hard” and “soft power.” This article aims to understand and analyse Russia’s policy and strategy in the Western Balkans.
Actes de conférences sur le sujet "Judicial power – European Union countries"
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Aanstoos, Ted A. « Management Challenges in Emerging European Union Eco-Standards ». Dans ASME 2004 Power Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/power2004-52115.
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The European Union is 450 million citizens in 25 otherwise sovereign countries, but connected in a multinational federal metastate that claims a combined economy in excess of $9 trillion (US), making it one of the world’s largest economies. As a community faced with massive decontamination and re-industrialization from devastating wars, Europe places due emphasis on issues of environmental sustainability and pollution prevention. Under broad policy guidelines of the New Approach and Integrated Product Planning frameworks, the European Commission is drafting legislation that will mandate eco-standards for all energized end-use equipment for sale in the internal market. These proposed standards may raise controversy in many industry sectors and international arenas (including within Europe itself) because they may not be based on sound and accepted scientific analysis, because they may constitute a de-facto violation at least in spirit of the Technical Barriers to Trade Agreement, and because nobody can yet predict their cost impact and other market effect. Compliance with these emerging energy efficiency regulations will impose considerable management requirements on manufacturers as they devise documentation and certification programs for their products that are likely to be of a scope similar to ISO 14000. This paper assesses the new requirements from a product and design management perspective.
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Kunicina, Nadezhda, Anatolijs Zabasta, Tatjana Konjic, Maja Delibasic, Anastasia Zhiravetska et Jelena Caiko. « Experience of Capacity Building in Higher Education Institutions in the Partner Countries from European Union Neighborhood region ». Dans 2021 IEEE 62nd International Scientific Conference on Power and Electrical Engineering of Riga Technical University (RTUCON). IEEE, 2021. http://dx.doi.org/10.1109/rtucon53541.2021.9711732.
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Martin, Oliver, Antonio Ballesteros, Christiane Bruynooghe et Michel Bie`th. « Research Activities in the European Union on Ageing Management for Long Term Operation of Nuclear Power Plants ». Dans ASME 2010 Pressure Vessels and Piping Division/K-PVP Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/pvp2010-25678.
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The energy supply of the future in the EU will be a mix of renewable, fossil and nuclear. There are 145 nuclear power reactors in operation in 15 out of the 27 EU countries, with installed power ∼132 GWe. The age distribution of current nuclear power plants in EU is such that in 2010 most of them will have passed 20-years and approximately 25% of them 30 years of age. The decrease of energy supply from nuclear generated electricity can not always be compensated in a reliable and economical way within a short time span. For this situation utilities may be keen to upgrade the reactor output and /or to ask their regulatory bodies for longer term operation. Under the research financed in the Euratom part of the Research Directorate (RTD) of the European Commission several projects explicitly address the safe long term operation of nuclear power plants (NULIFE, LONGLIFE) and the topics proposed in the 2010 call explicitly address issues concerning component ageing, in particular non metallic components, i.e. instrumentation and cables (I&C) and concrete ageing. This paper presents an overview of the plans for long term operation (LTO) of nuclear power plants in the EU. Special emphasis is given on research activities on component ageing management and long term operation issues related to safety.
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Kamber, Krešimir, et Lana Kovačić Markić. « ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.
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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Nazlıoğlu, Şaban, Çağın Karul, Ahmet Koncak et İlhan Küçükkaplan. « On The Purchasing Power Parity in Turkey : The Role of Structural Changes ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c09.02008.
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Turkey as an emerging country and one of the fastest growing economies during the last decade has been implementing the trade-oriented growth model since 1980. The exchange rate policy in that respect is at the center of trade and monetary policies. Given the importance of constructing fundamental equilibrium exchange rates, the long-run PPP hypothesis has been empirically investigated during the last decade. We re-examine the purchasing power parity (PPP) hypothesis for Turkey with her ten major trading partners and find out that when the structural shifts are taken into account, there is a strong evidence in favor of the validity of PPP hypothesis. An interesting finding also is that the PPP hypothesis seems to hold for the European Union countries.
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Bodul, Dejan. « WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES ? » Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.
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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.
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Beder, Burak, et Sunay Çıralı. « The Relationship of Renewable Energy with Foreign Trade Balance and The Economic Growth : An Analysis in the Context of Turkey and The European Union ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2022. http://dx.doi.org/10.36880/c14.02680.
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Historically, most of the energy need is provided by carbon-intensive primary energy sources. Especially, since the 1970s, this circumstance has exposed two major issues. Firstly, primary energy sources are one of the most significant contributors to climate change since they significantly increase greenhouse gas emissions. Secondly, the fact that primary energy sources are non-renewable, and their limited reserves have recently caused unexpected price movements in energy prices. This situation creates conditions that cause crises, jeopardizes the security of energy supply, and threatens production and social living. In this context, the increased awareness of climate change and the energy shocks experienced put renewable energy sources instead of primary energy sources on the agenda.
Renewable energy sources are particularly substantial for Turkey and the European Union (EU). Because Turkey and the EU meet most of their energy needs through imports. By being directly affected by rapid fluctuations in the pricing of energy resources, this circumstance can cause countries to experience issues such as foreign trade imbalance, energy supply security, inflation, and economic slowdown. In this scenario, it is crucial for Turkey and the EU to adopt renewable energy sources to continue economic growth. The purpose of this study is to determine the relationship between the installed renewable energy power capacity of electricity generation with foreign trade balance and the economic growth of Turkey and EU countries from 2000 to 2020. In this context, it is intended to conduct a Panel Granger Causality test using data gathered from the IRENA and World Bank databases.
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Muszyński, Robert, et Katarzyna Kocur-Bera. « Opportunities and Barriers to the Development of Poland in the Field of Renewable Energy Sources as Compared to the European Union ». Dans 11th International Conference “Environmental Engineering”. VGTU Technika, 2020. http://dx.doi.org/10.3846/enviro.2020.604.
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Today, almost all of civilisation is based on energy. To a large extent, energy is being continuously acquired from non-renewable raw materials deposited in the Earth’s crust. Renewable sources provide alternative, infinite energy resources, particularly solar radiation, wind power and water movement. The Paris Agreement envisages the complete abandonment of fossil fuels by the year 2050 for all EU Member States. From a technical point of view, a complete transition to renewable energy sources (RES) is very difficult to achieve. In the case of Poland, the way to 100% RES is longer and more complex than in most EU countries. The main purpose of the conducted analysis was to thoroughly assess the possibilities for obtaining energy from inexhaustible sources as well as the benefits of various procedures in order to develop an optimal set of solutions. The aim of the presented study is to indicate the possibilities for the development of construction investments in the field of renewable energy sources that have an inseparable impact on spatial management. To achieve this aim, the method of research of the available literature and legislation was applied.
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McCombie, Charles, et Neil Chapman. « Progress With Multinational Storage and Disposal Concepts ». Dans ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4681.
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The growing importance of finding shared solutions for countries with small arisings of long-lived wastes from nuclear power generation has been increasingly recognised over the last few years. In this paper, we take a systematic look at recent developments focusing in turn on: • international initiatives (IAEA); • regional initiatives the European Union (EU); • national positions for in 3 categories of countries: • those participating in the Arius association that was founded explicitly to promote the multinational concept; • those with specific interests in shared solutions; • those that might consider hosting a repository; • those with laws or policies requiring national disposal. Multinational concepts continue to face challenges that are more difficult than for national programmes. Nevertheless, progress to date indicates that the nuclear communities of the world may well be on the way to optimising radioactive waste management on a global scale.
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Ivanov, Metodi. « SPECIFIC FEATURES OF ENVIRONMENTAL MANAGEMENT POLICY AND ITS IMPACT ON REGIONAL DEVELOPMENT IN DEVELOPING COUNTRIES ». Dans 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/5.1/s23.098.
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The environmental management system should be considered as part of the overall management system. This involves looking at the organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining environmental policy. Basic principles and requirements of the environmental management system are aimed at identifying, researching, controlling and reviewing the factors influencing the environment, which allow businesses and public organizations to formulate policies and objectives aimed at protection of the environment. By introducing an environmental management system, organizations simultaneously declare, declare their commitment and guarantee to society as a whole that they are genuinely committed to solving environmental problems. European environmental policy is based on the principle of precautionary measures, preventive action and the elimination of pollution at source, as well as on the principle of "polluter pays". The European Union has the power to take action on all matters of environmental policy such as air and water pollution, waste management and climate change. Although some powers are limited as a result of the principle of subsidiarity and the requirement for unanimous agreement in the Council on fiscal issues, issues related to urban and spatial planning, land use, quantitative management of water resources, choice of energy sources and the structure of energy supply. The purpose of this article is to present specific features of environmental management policy and its impact on regional development in developing countries.
Rapports d'organisations sur le sujet "Judicial power – European Union countries"
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Bourrier, Mathilde, Michael Deml et Farnaz Mahdavian. Comparative report of the COVID-19 Pandemic Responses in Norway, Sweden, Germany, Switzerland and the United Kingdom. University of Stavanger, novembre 2022. http://dx.doi.org/10.31265/usps.254.
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The purpose of this report is to compare the risk communication strategies and public health mitigation measures implemented by Germany, Norway, Sweden, Switzerland, and the United Kingdom (UK) in 2020 in response to the COVID-19 pandemic based on publicly available documents. The report compares the country responses both in relation to one another and to the recommendations and guidance of the World Health Organization where available. The comparative report is an output of Work Package 1 from the research project PAN-FIGHT (Fighting pandemics with enhanced risk communication: Messages, compliance and vulnerability during the COVID-19 outbreak), which is financially supported by the Norwegian Research Council's extraordinary programme for corona research. PAN-FIGHT adopts a comparative approach which follows a “most different systems” variation as a logic of comparison guiding the research (Przeworski & Teune, 1970). The countries in this study include two EU member States (Sweden, Germany), one which was engaged in an exit process from the EU membership (the UK), and two non-European Union states, but both members of the European Free Trade Association (EFTA): Norway and Switzerland. Furthermore, Germany and Switzerland govern by the Continental European Federal administrative model, with a relatively weak central bureaucracy and strong subnational, decentralised institutions. Norway and Sweden adhere to the Scandinavian model—a unitary but fairly decentralised system with power bestowed to the local authorities. The United Kingdom applies the Anglo-Saxon model, characterized by New Public Management (NPM) and decentralised managerial practices (Einhorn & Logue, 2003; Kuhlmann & Wollmann, 2014; Petridou et al., 2019). In total, PAN-FIGHT is comprised of 5 Work Packages (WPs), which are research-, recommendation-, and practice-oriented. The WPs seek to respond to the following research questions and accomplish the following: WP1: What are the characteristics of governmental and public health authorities’ risk communication strategies in five European countries, both in comparison to each other and in relation to the official strategies proposed by WHO? WP2: To what extent and how does the general public’s understanding, induced by national risk communication, vary across five countries, in relation to factors such as social capital, age, gender, socio-economic status and household composition? WP3: Based on data generated in WP1 and WP2, what is the significance of being male or female in terms of individual susceptibility to risk communication and subsequent vulnerability during the COVID-19 outbreak? WP4: Based on insight and knowledge generated in WPs 1 and 2, what recommendations can we offer national and local governments and health institutions on enhancing their risk communication strategies to curb pandemic outbreaks? WP5: Enhance health risk communication strategies across five European countries based upon the knowledge and recommendations generated by WPs 1-4. Pre-pandemic preparedness characteristics All five countries had pandemic plans developed prior to 2020, which generally were specific to influenza pandemics but not to coronaviruses. All plans had been updated following the H1N1 pandemic (2009-2010). During the SARS (2003) and MERS (2012) outbreaks, both of which are coronaviruses, all five countries experienced few cases, with notably smaller impacts than the H1N1 epidemic (2009-2010). The UK had conducted several exercises (Exercise Cygnet in 2016, Exercise Cygnus in 2016, and Exercise Iris in 2018) to check their preparedness plans; the reports from these exercises concluded that there were gaps in preparedness for epidemic outbreaks. Germany also simulated an influenza pandemic exercise in 2007 called LÜKEX 07, to train cross-state and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007). In 2017 within the context of the G20, Germany ran a health emergency simulation exercise with WHO and World Bank representatives to prepare for potential future pandemics (Federal Ministry of Health et al., 2017). Prior to COVID-19, only the UK had expert groups, notably the Scientific Advisory Group for Emergencies (SAGE), that was tasked with providing advice during emergencies. It had been used in previous emergency events (not exclusively limited to health). In contrast, none of the other countries had a similar expert advisory group in place prior to the pandemic. COVID-19 waves in 2020 All five countries experienced two waves of infection in 2020. The first wave occurred during the first half of the year and peaked after March 2020. The second wave arrived during the final quarter. Norway consistently had the lowest number of SARS-CoV-2 infections per million. Germany’s counts were neither the lowest nor the highest. Sweden, Switzerland and the UK alternated in having the highest numbers per million throughout 2020. Implementation of measures to control the spread of infection In Germany, Switzerland and the UK, health policy is the responsibility of regional states, (Länders, cantons and nations, respectively). However, there was a strong initial centralized response in all five countries to mitigate the spread of infection. Later on, country responses varied in the degree to which they were centralized or decentralized. Risk communication In all countries, a large variety of communication channels were used (press briefings, websites, social media, interviews). Digital communication channels were used extensively. Artificial intelligence was used, for example chatbots and decision support systems. Dashboards were used to provide access to and communicate data.