Is German Religionsverfassungsrecht under threat from the European Union?

2020 ◽  
Vol 9 (1) ◽  
pp. 1-27
Author(s):  
Peter Unruh
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
Case Law ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
Labour Relations ◽  
Court Of Justice ◽  
Religious Associations ◽  
The Relationship

Abstract Two recent judgments of the Court of Justice of the European Union (CJEU) raise fundamental questions about the relationship between European Union Law and German religious constitutional law. This article outlines the German constitutional context for the law of labour relations within religious associations before considering those judgments in detail. The article argues that in its approach to religious occupational requirements and loyalty obligations the case law of the CJEU risks bringing about a fundamental change in German religious constitutional law. This is in breach of the terms of membership of Germany in the European Union and contrary to European law itself.

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

scholarly journals Determining the moment and form of concluding a passenger transport contract based on the judgment of the Court of Justice of the European Union in joined cases C-349/18 to C-351/18

2020 ◽  
pp. 23-26
Author(s):  
Karol Lange
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Passenger Transport ◽  
Railway Transport ◽  
European Union Law ◽  
Legal Norms ◽  
Railway Systems ◽  
Court Of Justice ◽  
The Moment

The article focuses on discussing the norms of Polish transport law and European Union regulations on the correctly defined of the moment and form of concluding a contract of passengers transport in railway systems. The article also describes the problem of discourse between the content of these legal norms and the jurisprudence practice and doctrine opinion. Moreover, was performed to present a comparative analysis of the relation of the Court of justice of the European Union judgment to the norms of Polish and European law and the case law. Commented on the practices of carriers in regulating the said matter. Internal law acts applicable to the means of transport of Polish railway companies were also analyzed. Keywords: Transport law; Contract of passenger transport; European Union law; Railway transport

scholarly journals Member States’ liability for judicial error resulting in breaches of European Union Law

2016 ◽  
Vol 17 (31) ◽  
pp. 64-76 ◽  
Author(s):  
Valentin Paul Neamt
Keyword(s):  
European Union ◽  
Case Law ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
National Courts ◽  
European Court ◽  
Judicial Errors ◽  
State Liability ◽  
Judicial Error

Abstract This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a discussion on the possible convergence of the two.

The European Union and the Territorial Scope of European Territories

2007 ◽  
Vol 38 (1) ◽  
pp. 51 ◽  
Author(s):  
Jacques Ziller
Keyword(s):  
European Union ◽  
Case Law ◽  
European Court Of Justice ◽  
The European Union ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
Overseas Territories ◽  
Relationship Of ◽  
The Relationship

In this paper Professor Ziller addresses the intriguing question of the relationship of the European Union – which is not a state and which has no territory of its own – to the territories of EU Member States. The paper provides a survey of the overseas territories affected and the evolution of the case law of the European Court of Justice on the extent to which the provisions of the EC Treaty apply to the European territories overseas.

The Relationship Between the EU Charter of Fundamental Rights and the European Convention on Human Rights: an Originalist Analysis

2015 ◽  
Vol 11 (3) ◽  
pp. 482-511
Author(s):  
Stephen Brittain
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Relationship

European Convention on Human Rights and the European Union Charter of Fundamental Rights: relationship – Teleological method of interpretation of the European Court of Justice: meaning, justifications, and criticisms – Originalist method of interpretation: meaning, justifications, and criticisms – Original meaning of Article 52(3) of the Charter: text, drafting history, case law – Conclusion: case law of European Court of Human Rights not strictly binding on the Court of Justice of the European Union.

Civil Jurisdiction and Judgments in Europe

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
Real Life ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Relationship ◽  
Brussels Regulation ◽  
Extensive Reference

This book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe: the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. The text provides a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the Court of Justice of the European Union. The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.

Judicial Dialogue between the European Court of Human Rights and the Court of Justice of the European Union in the Field of Legal Liability for Posting Hyperlinks

2019 ◽  
Vol 21 (5) ◽  
pp. 432-448
Author(s):  
Bartłomiej Oręziak
Keyword(s):  
European Union ◽  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
The Internet ◽  
The European Union ◽  
Functional Interpretation ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship

Abstract This paper discusses the judicial dialogue between the European Court of Human Rights and the Court of Justice of the European Union regarding the placing of hyperlinks on the internet. Firstly, the case law of the CJEU in the light of the linkage is analysed. This shows the scope of restrictions created by this judicial authority in the area of copyright. Secondly, the judgment of the ECHR will be cited and analysed as regards the relationship between placing hyperlinks on the internet and freedom of expression. There is a judicial dialogue with the CJEU, which focuses attention on the human rights aspect of hyperlinks. Thirdly, the correlation between the jurisprudence of the CJEU and the ECHR will be analysed, including a functional interpretation. The paper ends with a discussion about the potential of this judicial dialogue for the wider purpose of building an optimal model for European dialogue.

Narratives of Constitutionalization in the European Union Court of Justice and in the European Court of Human Rights’ Case Law

ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 11-41
Author(s):  
Maurizio Arcari ◽  
Stefania Ninatti
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Legal Systems ◽  
The European Union ◽  
European Union Law ◽  
The Core ◽  
Court Of Justice ◽  
European Court

Abstract Constitutionalization is a peculiar process which characterizes the whole fabric of modern international law. It may however display different levels of evolution and different implications when distinct legal sub-systems are considered: this appears to be especially true at the European level, in particular in the context of the European Union law and of the European Convention on Human Rights. This article aims at unveiling the key elements of the constitutionalization process as developed by the judges sitting in Luxembourg and Strasbourg. In their relevant case law, both the EU Court of Justice (ECJ) and the European Court of Human Rights (ECtHR) have identified the core concepts and elements lying behind the constitutionalization of their respective legal systems. The analysis of the ECJ and ECtHR case law will be divided into two different parts dealing with the internal dimension from one side, and external one from the other side. While presenting nuances and implications that are linked to the diverse degree of integration of the two legal systems, it may be submitted that the core elements of constitutionalization depicted by the Luxembourg and Strasbourg judges reveal some common patterns.

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