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Editorial Note: Recovery Plan and Rule of Law Conditionality: A New Era Beckons?
Full text linkEditorial note: Takis Tridimas, Professor of European Law, Dickson Poon School of Law, King’s College London, and Professor and Nancy A Patterson Distinguished Scholar, Pennsylvania State Universit
Oxford Principles of European Union Law: The European Union Legal Order
No full textSince the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU
The Twin Doctrines of Primacy and Pre-emption
No full textThe first part of the chapter is be devoted to the doctrine of primacy and focuses on its origins as a legal principle, its requirements for Member States' organs, and its limits as articulated by the European Court of Justice (ECJ) and by the courts of several Member States.
The second part of this work will concern the doctrine of pre-emption. Following a brief account of the various scholarly conceptualizations of that doctrine and the formulation of a stipulative de nition, attention will be paid to the analytical framework employed by the ECJ to identify normative conflicts between EU and Member States' law
Sincere Cooperation and Respect for National Identities
No full textThis chapter explores the connections between two pivotal principles of the European legal order, namely the principle of sincere cooperation, on the one hand, and the principle of respect for national identities, on the other. After analysing the functions performed by the two principles in the European legal order, through the lens of the ECJ case law, I try to show why it is important two study the tension between those two principles, which also the Lisbon Treaty wants to tie together into the same article 4 TEU, revising the legal context of the pre-Lisbon Treaty version. It is submitted that the duty of loyal cooperation, mainly addressed to the Member States, represented the unitary twist, while the duty of respect for national identity, mainly addressed to the Union, represented the pluralist twist of the European integration process. Some concluding remarks will be unravelled on the possible new balance and new wording of Art. 4 TEU provided by the Lisbon Treaty, which could proffer a less integrationist-biased concept of the principle of sincere cooperation, tempered by the principle of respect for national identity
Terrorism and the ECJ: Empowerment and Democracy in the EC Legal Order
No full textIn its judgment in Kadi & Al Barakaat International Foundation v Council (C-402/05 P & C-415/05 P) Not yet reported September 3, 2008, the ECJ held that the Community has competence to adopt economic sanctions not only against states but also against individuals on the basis of Arts 301, 60 and 308 EC. It also held that UN Security Council resolutions are binding only in international law and cannot take precedence over the Community’s internal standards for the protection of fundamental rights. The judgment raises some profound constitutional questions pertaining to the competence of the Community, its relationship with international law and the scope of fundamental rights protection. In parallel, in a number of cases culminating in its judgment of October 23, 2008 in People’s Mojahedin Organisation of Iran v Council (OMPI II) (T-256/07), the CFI has annulled anti-terrorist sanctions imposed by the European Community indicating a strong adherence to process rights. The purpose of this contribution is to discuss the above case law and its implications
Editorial Note: Recovery Plan and Rule of Law Conditionality: A New Era Beckons?
Full text linkpeer reviewedEditorial note: Takis Tridimas, Professor of European Law, Dickson Poon School of Law, King’s College London, and Professor and Nancy A Patterson Distinguished Scholar, Pennsylvania State Universit
Locus standi of individuals under Article 230(4): The Return of Euridice?
No full textThe article looks at the case-law on legal standing of private parties before the EU Court of Justic
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