scholarly journals Territorial Extension and Case Law of the Court of Justice: Good Administration and Access to Justice in Procurement as a Case Study

2017 ◽  
Author(s):  
Albert Sanchez-Graells
Keyword(s):  
Case Law ◽  
Access To Justice ◽  
Court Of Justice

CURRENT DEVELOPMENTS: IV. CITIZENSHIP AND HUMAN RIGHTS

2004 ◽  
Vol 53 (2) ◽  
pp. 493-501 ◽  
Author(s):  
Erika Szyszczak
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
International Obligations ◽  
Court Of First Instance

Citizenship and human rights continue to play an important role in the evolution of Community law. Both sets of principles have appeared in the case law of the European Courts and in the creation of a Constitutional document for Europe. Part II of the draft Constitution incorporates the Charter of Fundamental Rights of the Union. Additionally, the first report from the independent network of experts in fundamental human rights details the various international human rights obligations which the Member States are subject to, analysing Member State policy in a number of areas in the light of the international obligations.1Paradoxically, at a time when greater emphasis is being paid to the constitutional recognition of human rights there are indications of divisions between some of the Advocates General, the Court of First Instance and the European Court of Justice (the Court) on the constitutional role of fundamental rights in relation to access to justice.

Effective judicial protection in judicial cooperation in civil matters and the Court of Justice of the European Union case law: the public policy clause and the absolute default of appearance as denial causes of judgments’ recognition and enforcement in E

2014 ◽  
pp. 147-161
Author(s):  
Joana Covelo de Abreu
Keyword(s):  
Public Policy ◽  
Case Law ◽  
Access To Justice ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
The Public ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
Judicial Protection

The Brussels I Regulation’s re-foundation by the New Brussels I Regulation was thought to secure reciprocal trust on justice administration among Member States and to grant full access to justice for those who inhabit and circulate in its territory. In a Union characterized by circulation freedoms and an internal market existence, those principles justify a situation in which judgments ruled by a Member State’s court are automatically recognised and enforced, in other Member-State, except when the defendant evokes the rules on denial of judgments’ recognition and enforcement. There would not be judicial cooperation and integration’s prosecution without trust – trust must exist among Member States’ courts and it must be felt by EU citizens so they can acknowledge that EU is actively seeking to improve their life and working conditions. The European Commission made constructive efforts to promote an exequatur’s abolition, making recognition and enforcement proceedings on the New Brussels I Regulation simpler (it even proposed to remove the “public policy” clause, which was not accepted). It is necessary to analyse howthe CJEU applies the rules on denial of judgments’ recognition and enforcement to perceive if the principle of an effective judicial protection is fulfilled under New Brussels I Regulation.

scholarly journals The Case Law of the European Court of Justice on Access to Justice in the Aarhus Convention and Its Implications for Switzerland

2014 ◽  
Vol 11 (4) ◽  
pp. 348-366
Author(s):  
Astrid Epiney ◽  
Benedikt Pirker
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Access To Justice ◽  
Present Contribution ◽  
Court Of Justice ◽  
European Court ◽  
Aarhus Convention ◽  
Scope Of Application ◽  
The Right

The present contribution assesses the case law of the European Court of Justice interpreting the provisions of the Aarhus Convention relating to access to justice. Cases have dealt with the temporal scope of application of provisions on access to justice, projects implemented by specific acts of national legislation and their exclusion from the obligations under the Convention, interim relief and the effet utile of provisions on access to justice, the range of possible pleas for judicial review, the role of procedural errors, permissible costs of proceedings, access to justice for environmental associations under different provisions of the Convention and the annulment of a permit and its relationship with the right to property. As is also shown, this case law is at the same time relevant – though not binding – for Switzerland as a non-eu Member State, but party to the Convention.

scholarly journals Territorial extension and case law of the Court of Justice: Good administration and access to justice in procurement as a case study

2018 ◽  
Author(s):  
Albert Sanchez-Graells
Keyword(s):  
Public Procurement ◽  
Case Law ◽  
Fundamental Rights ◽  
Access To Justice ◽  
The European Union ◽  
Human Rights Protection ◽  
Starting Position ◽  
Court Of Justice ◽  
Global Standards ◽  
The Eu

This paper uses EU trade policy to explore some of the legal implications of the territorial extension or extraterritoriality of EU public procurement law. The paper’s starting position is that, with this policy and regulatory approach, the EU pursues two main goals: first, to further global standards of human rights protection and, second, to further regulatory convergence toward its own procurement standards. The paper concentrates on the pursuit of this second goal and, in particular, on the implications of such territorial extension of EU procurement law for the case law of the Court of Justice on good administration and access to justice, as recognised in the Charter of Fundamental Rights of the European Union. The paper concentrates on public procurement because of its relevance in free trade agreements between the EU and third countries, as well as the relevance of legislative and case law requirements concerning procurement remedies. The paper assesses both the outward and inward implications of the territorial extension for the Court of Justice’s case law. The discussion in the paper also raises general issues concerning procedural design and the consideration of foreign law by the Court of Justice in different settings.

scholarly journals Prototype Theory in the Judicial Practice of the Court of Justice of the European Union. A Case Study

2020 ◽  
Vol 44 (1) ◽  
pp. 93-119
Author(s):  
Mateusz Zeifert
Keyword(s):  
European Union ◽  
Case Law ◽  
Semantic Theory ◽  
Prototype Theory ◽  
The European Union ◽  
Judicial Interpretation ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Court Of Justice

Abstract Prototype theory is a semantic theory according to which the membership of conceptual categories is based not on a list of criterial features, but rather on the similarity to the most representative member of the category. Consequently, conceptual categories may lack classical definitions and rigid boundaries. This article supports the claims, already made by other scholars working in the field, that prototype theory may greatly augment our understanding of legal (i.e. statutory, judicial) interpretation. Legal provisions are traditionally written as classical definitions, but they are rarely applied that way. Statutory concepts tend to be interpreted with a great deal of flexibility, using a wide array of extra-textual factors. This is especially true for the case law of the Court of Justice of the European Union, which has to deal with the challenges of the multilingual, supranational law of the European Union.

Judicial Protection against Plans and Programmes Affecting the Environment

2016 ◽  
Vol 13 (3-4) ◽  
pp. 294-324
Author(s):  
Lorenzo Squintani ◽  
Ernst J.H. Plambeck
Keyword(s):  
European Union ◽  
National Level ◽  
Case Law ◽  
Access To Justice ◽  
The European Union ◽  
Short Term ◽  
Reference Procedure ◽  
Court Of Justice ◽  
Aarhus Convention ◽  
Judicial Protection

Despite the importance of access to justice in the context of plans and programmes affecting the environment, no single eu secondary law measure requires Member States to ensure effective judicial protection against such acts, and thus access to the preliminary reference procedure. At national level, this could lead to the absence of procedures to ensure effective judicial protection against plans and programmes. The Netherlands is used in this contribution as an example of the presence of such a lacuna. We argue that the lack of effective judicial protection against plans and programmes affecting the environment is in breach of both the Aarhus Convention and eu law. The duty to reconsider definitive acts, as established under the case law of the Court of Justice of the European Union, can serve as a short-term solution to offer effective judicial protection by the backdoor.

"Schutznormtheorie" and Aarhus Convention- Consequences for the German Law

2007 ◽  
Vol 4 (4) ◽  
pp. 270-277 ◽  
Author(s):  
Angela Schwerdtfeger
Keyword(s):  
German Law ◽  
Case Law ◽  
Access To Justice ◽  
Judicial Control ◽  
Court Of Justice ◽  
European Court ◽  
Aarhus Convention ◽  
German Legislation ◽  
History Of ◽  
Wide Access

AbstractThe Aarhus Convention raises new questions about the future of the German "Schutznormtheorie" limiting access to justice before the administrative courts. The text and history of Article 9 (2) Aarhus Convention and of Directive 2003/35/EC on public participation seem to recognise this German concept. However, a closer examination of the objective of wide access to justice and of the case law of the European Court of Justice reveals a clear need for changes with regard to the application of this concept by the German courts. In this context, the interrelation of limited rights of action with the depth of judicial control has to be regarded, as well. New German legislation does not satisfy the need for a reform.

El acceso a la justicia en materia ambiental en la jurisprudencia del Tribunal de Justicia de la Unión Europea

2014 ◽  
pp. 1245-1267
Author(s):  
Antonio EMBID IRUJO
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Access To Justice ◽  
The European Union ◽  
Locus Standi ◽  
Court Of Justice ◽  
European Court ◽  
Relevant Role ◽  
Judicial Procedures ◽  
The Right

LABURPENA: Justizia eskuratzeko aukera ingurumenerako eskubidearen funtsezko alderdia da, eta, oro har, ingurumen-babesarena. Europar Batasuneko Justizia Auzitegiak paper oso garrantzitsua du ingurumenaren zaintzan, eta berdin gertatzen da justizia eskuratzeko aukeraren gaineko jurisprudentziarekin ere. Bereziki, legitimazioa zabaltzeko lan egiten du, hori Europako araudiarentzat eta Europak ere berretsi duen Aarhus Hitzarmenarentzat mesedegarri den moduan interpretatuz. Era berean, prozedura administratiboek eta judizialek gehiegizko gasturik ez eragiteko erabaki garrantzitsuak ere badaude. RESUMEN: El acceso a la justicia es parte esencial del derecho al medio ambiente y, en general, de la protección ambiental. El Tribunal de Justicia de la Unión Europea juega un papel relevante en la protección ambiental y lo mismo sucede en la jurisprudencia sobre el acceso a la justicia. En particular su labor se desarrolla para ampliar la legitimación, interpretando de forma favorable a la misma normativa europea y el Convenio de Aarhus también ratificado por Europa. Igualmente existen decisiones relevantes para impedir un coste excesivo de los procedimientos administrativos y judiciales. ABSTRACT: Access to justice is a key element of the right to environment and in general of the enviromental protection. The European Court of Justice of the European Union plays a relevant role in the enviromental protection and the same applies to its case law regarding access to justice. Particularly, its work is carried out in order to broaden the locus standi by interpreting the same European normative and the Aahrus convention also ratified by Europe more favaourably. Likewise, there exist relevant rulings to prevent an excesive cost of administrative and judicial procedures.

Talking with the ‘pouvoir constituant’ in Times of Constitutional Reform: The European Court of Justice on Private Applicants' Access to Justice

2003 ◽  
Vol 10 (3) ◽  
pp. 265-290 ◽  
Author(s):  
Dominik Hanf
Keyword(s):  
Driving Force ◽  
Case Law ◽  
Constitutional Reform ◽  
European Court Of Justice ◽  
Access To Justice ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
Community Courts ◽  
New Phase

This contribution analyzes a classic theme of the Court's case law: the relationship between judges and pouvoir constituant. This relationship has traditionally been marked by the ECJ's role as the driving force in the ‘constitutionalization’ of the EC Treaties – which has, to a large extent, been accepted and even codified by the Member States in subsequent treaty revisions. However, the ECJ appears to be now more reluctant to act as a ‘law-maker.’ In this context, the recent judgment in Unión de Pequeños Agricultores (UPA) – an important decision by which the ECJ refused to liberalize individuals' access to the Community Courts – is examined. It appears from this analysis that the ECJ's UPA judgment indicates the beginning of a new phase in the ‘constitutional dialogue’ between the ECJ and the ‘Masters of the Treaties.’

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