scholarly journals The Evolving Judicial Politics of European Integration: The European Court of Justice and national courts revisited

2019 ◽  
Vol 25 (4) ◽  
pp. 352-373 ◽  
Author(s):  
Tommaso Pavone ◽  
R. Daniel Kelemen
Keyword(s):  
European Integration ◽  
Judicial Politics ◽  
European Court Of Justice ◽  
National Courts ◽  
Court Of Justice ◽  
European Court

Standards for Independent Oversight

2017 ◽  
Author(s):  
Nico van Eijk
Keyword(s):  
The Netherlands ◽  
European Court Of Justice ◽  
Data Retention ◽  
Digital Rights ◽  
National Courts ◽  
Court Of Justice ◽  
Intelligence Services ◽  
European Court ◽  
The Uk ◽  
Point Of Departure

The point of departure for this chapter is the decision of the European Court of Justice in the Digital Rights Ireland case, which annulled the European Data Retention Directive, in part because the use of retained data was not made subject to independent oversight. Next, it examines judgments from the national courts of the Netherlands and the UK, also focusing on the independent oversight issue, declaring invalid the data retention laws of those two countries. From the Digital Rights Ireland case and others, seven standards for oversight of intelligence services can be drawn: the oversight should be complete; it should encompass all stages of the intelligence cycle; it should be independent; it should take place prior to the imposition of a measure; it should be able to declare a measure unlawful and to provide redress; it should incorporate the adversary principle; and it should have sufficient resources.

9. The Relationship Between EU Law and National Law:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Legal Order ◽  
Common Market ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts.

scholarly journals Euratom, the European Court of Justice, and the Limits of Nuclear Integration in Europe

2011 ◽  
Vol 12 (8) ◽  
pp. 1637-1659 ◽  
Author(s):  
Sebastian Wolf
Keyword(s):  
European Integration ◽  
Energy Supply ◽  
Nuclear Energy ◽  
European Economic Community ◽  
Point Of View ◽  
European Court Of Justice ◽  
Economic Community ◽  
Court Of Justice ◽  
European Court ◽  
Energy Community

Only a few European integration experts know that Jean Monnet, one of the masterminds of the European Coal and Steel Community, strongly preferred the European Atomic Energy Community to the European Economic Community in the 1950s and 1960s. From his point of view, sectoral and technical cooperation in the field of nuclear energy seemed to be much more promising in order to foster European integration than cross-sectoral economic integration. Monnet and others believed that nuclear energy could, inter alia, solve all energy supply problems, would revolutionize research and technical development, and could contribute to unifying the peoples of Europe in a few decades. However, nuclear energy in general and Euratom in particular have belied these expectations.

Understanding the Role of the European Court of Justice in European Integration

2012 ◽  
Vol 106 (1) ◽  
pp. 214-223 ◽  
Author(s):  
CLIFFORD J. CARRUBA ◽  
MATTHEW GABEL ◽  
CHARLES HANKLA
Keyword(s):  
Decision Making ◽  
European Integration ◽  
Empirical Evidence ◽  
European Court Of Justice ◽  
Political Constraints ◽  
Court Of Justice ◽  
European Court ◽  
Theoretical Foundations

In 2008 we published an article finding evidence for political constraints on European Court of Justice (ECJ) decision making. Stone Sweet and Brunell (this issue) argue that our theoretical foundations are fundamentally flawed and that our empirical evidence supports neofunctionalism over intergovernmentalism “in a landslide.” We respectfully disagree with Stone Sweet and Brunell regarding both their conclusions about our theoretical arguments and what the empirical evidence demonstrates. We use this response to clarify our argument and to draw a clearer contrast between our and their perspective on the role the ECJ plays in European integration. Finally, we reevaluate their neofunctionalist hypotheses. Ultimately, we do not find support in the data for Stone Sweet and Brunell's empirical claims.

Data Protection in EU Law

2011 ◽  
pp. 273-297 ◽  
Author(s):  
Maria Tzanou
Keyword(s):  
Data Protection ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Data Protection Directive ◽  
Data Flows ◽  
Court Of First Instance

This chapter aims to discuss the possibilities and limitations of the EU to provide for an effective and comprehensive data protection regime. In this respect, it presents an analysis of the data protection rules in EU law by examining the relevant constitutional and secondary law framework. It analyzes the jurisprudence of the European Court of Justice and the Court of First Instance on data protection issues, and argues that the European Court of Justice has interpreted an internal market measure (the Data Protection Directive) in such a way so as to foster the protection of fundamental rights. However, when it comes to the balancing between fundamental rights the Court leaves the question to be resolved by national courts. Finally, the contribution assesses the transborder data flows regime established by the Data Protection Directive and attempts to draw some conclusions on whether the ‘adequate protection’ test ensures a high protection in such flows.

11. Judicial Powers II

2021 ◽  
pp. 409-450
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Law ◽  
The European Union ◽  
General Duty ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Procedural Autonomy ◽  
Compensatory Damages

This chapter discusses the ‘decentralized’ powers of the European Court of Justice. It looks at two specific constitutional principles that the Court has derived from the general duty of sincere cooperation: the principle of equivalence and the principle of effectiveness. Both principles have led to a significant judicial harmonization of national procedural laws. The chapter then turns to a third incursion into the procedural autonomy of national courts: the liability principle. While the previous two principles relied on the existence of national remedies for the enforcement of European law, this principle establishes a European remedy for proceedings in national courts. An individual can here, under certain conditions, claim compensatory damages resulting from a breach of European law. Importantly, the remedial competence of national courts is confined to national wrongs. They cannot give judgments on ‘European’ wrongs, as jurisdiction over the latter is—like the power to annul Union law—an exclusive power of the Court of Justice of the European Union. Finally, the chapter explores what happens in areas in which the Union has harmonized the remedial or jurisdictional competences of national courts.

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