The Cases of Gloria and Google Spain: From 1984 to One Hundred Years of Solitude: A Comparison of the Approach from the Colombian Constitutional Court and the Court of Justice of the European Union on the Right to be Deindexed or Delisted

2018 ◽  
Author(s):  
Emmanuel Vargas
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
The European Union ◽  
Court Of Justice ◽  
The Right

Public Sector Purchase Programme (PSPP) Case

2021 ◽  
Vol 192 ◽  
pp. 451-511
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
European Central ◽  
Court Of Justice ◽  
Basic Law ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

451Economics, trade and finance — European Monetary Union — Fiscal sovereignty — Public debt — Monetary policy — Economic policy — European Union — Asset purchase programme — Quantitative easing — Central banks — European Central Bank — European System of Central Banks — BundesbankTreaties — Treaty-making powers — Constitutional limitations on treaty-making powers — Transfers of powers by States to intergovernmental and other transnational authorities — Whether compatible with constitutional prerogatives of national parliament — Overall budgetary responsibility — Basic Law of GermanyInternational organizations — European Union — Powers — Member States as masters of the treaties — Principle of conferral — Whether Union having competence to determine or extend its own powers — Principle of subsidiarity — Court of Justice of the European UnionRelationship of international law and municipal law — European Union law — Interpretation — Application — Judgment of Court of Justice of the European Union — Weiss — Principle of proportionality — Whether application of EU law having absolute primacy — Whether German Federal Constitutional Court having absolute duty to follow judgment of Court of Justice of the European Union — Compatibility with Basic Law of Federal Republic of Germany — Openness of German Basic Law to European integration — Whether purchase programme ultra vires — Whether ultra vires acts applicable in Germany — Whether having binding effect in relation to German constitutional organsJurisdiction — European Union institutions — Whether jurisdiction of German Federal Constitutional Court extending to Court of Justice of the European Union and European Central Bank — Whether acts of EU institutions subject to national constitutional review — Ultra vires review — Review of core identity of national constitution — Whether application of EU law having absolute primacy — Whether absolute duty to follow judgment of Court of Justice of the European Union — The law of Germany

A Constitutional Court for Europe?

2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Council ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Order ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
Draft Constitution

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.

Article 43 CFR

2019 ◽  
Author(s):  
Denis Martin
Keyword(s):  
European Union ◽  
Member State ◽  
Legal Person ◽  
The European Union ◽  
Court Of Justice ◽  
Registered Office ◽  
The Right ◽  
Judicial Role

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.

The German Constitutional Court and Preliminary References—Still a Match not Made in Heaven?

2015 ◽  
Vol 16 (6) ◽  
pp. 1491-1508
Author(s):  
Eva Julia Lohse
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Court Of Justice ◽  
European Court ◽  
German Constitutional Court ◽  
In The Beginning ◽  
The Eu

So far, the German Constitutional Court (Bundesverfassungsgericht, henceforth:BVerfG) has only made a single preliminary reference to the (now) Court of Justice of the European Union (CJEU), despite frequent rulings on matters connected with European Union (EU) Law. Its apparent reluctance seemed odd considering the atmosphere of dialogue and cooperation which prevails between the non-constitutional courts and the EU courts. This situation might, however, have changed with the preliminary reference from January 2014, proving predictions on the perceived “most powerful constitutional court” and its relationship to the EU partly wrong. The legal effects of its preliminary reference on the interpretation of Articles 119, 123, 127 ff. of the Treaty on the Functioning of the European Union (TFEU) and the validity of Outright Monetary Transactions (OMT) by the European Central Bank (ECB) under EU Law are as yet unclear; although the Opinion of the Advocate General Cruz Villalón was delivered in the beginning of 2015, which did not confirm the doubts expressed by theBVerfGabout the conformity of the OMT programme with EU law. Nonetheless, the interpretative scheme and the normative questions as to the reluctance of theBVerfGremain the same after this single referral and offer explanations as to why theBVerfGhad for nearly sixty years not referred a question to the former European Court of Justice (ECJ).

The case of Konrad Erzberger v TUI AG. Comment to Court of Justice of the European Union (Grand Chamber), judgment of 18 July 2017, Case C-566/15

2017 ◽  
Vol 8 (4) ◽  
pp. 333-343 ◽  
Author(s):  
Achim Seifert
Keyword(s):  
European Union ◽  
Member State ◽  
Supervisory Board ◽  
Parent Company ◽  
The European Union ◽  
Court Of Justice ◽  
Right To Vote ◽  
Grand Chamber ◽  
The Right

Article 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which the workers employed in the establishments of a group located in the territory of that Member State are deprived of the right to vote and to stand as a candidate in elections of workers’ representatives to the supervisory board of the parent company of that group, which is established in that Member State, and as the case may be, of the right to act or to continue to act as representative on that board, where those workers leave their employment in such an establishment and are employed by a subsidiary belonging to the same group established in another Member State.

Questions and Answers: Karlsruhe's Referral for a Preliminary Ruling to the Court of Justice of the European Union

2014 ◽  
Vol 15 (2) ◽  
pp. 217-239 ◽  
Author(s):  
Karsten Schneider
Keyword(s):  
European Union ◽  
Federal Government ◽  
Constitutional Court ◽  
Preliminary Ruling ◽  
The European Union ◽  
The Past ◽  
Court Of Justice ◽  
Questions And Answers ◽  
Federal Constitutional ◽  
German Bundestag

In the environment of ongoing endeavors to “rescue” the Euro, the Second Senate of the Federal Constitutional Court (FCC) is meanwhile dealing with several constitutional complaints challenging matters that could be described as “the future of the German Bundesbank” and “the present and the past of the German Federal Government and the German Bundestag.” Or, to be more specific, the complainants currently challenge the prospective participation of the German Bundesbank in possible future implementations of the so called “OMT Framework” of 6 September 2012. They also argue that the German Federal Government and the German Bundestag “failed to act” regarding this OMT framework.

scholarly journals The right to paid annual leave as an EU fundamental social right. Comment on Bauer et al.: Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn, EU:C:2018:871

2019 ◽  
Vol 26 (3) ◽  
pp. 441-448
Author(s):  
Maria Antonia Panascì
Keyword(s):  
European Union ◽  
Case Note ◽  
Fundamental Rights ◽  
The European Union ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Scope Of Application ◽  
The Right ◽  
The Relationship ◽  
Horizontal Direct Effect

This case note examines the judgment of Court of Justice of the European Union delivered in Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn on 6 November 2018. It engages with the noteworthy aspects of the ruling, such as the horizontal direct effect of the Charter of Fundamental Rights of the European Union (the Charter), the relationship between primary and secondary law in the European Union legal order and the scope of application of the Charter.

Melloni in Three Acts: From Dialogue to Monologue

2014 ◽  
Vol 10 (2) ◽  
pp. 308-331 ◽  
Author(s):  
Aida Torres Pérez
Keyword(s):  
Constitutional Court ◽  
Final Decision ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Arrest Warrant ◽  
Constitutional Right ◽  
The Right

On 13 February 2014, the Spanish Constitutional Court came to a final decision regarding the fate of Mr Stefano Melloni. The story of the case is worthy of attention not only from the perspective of the interaction between the Spanish Constitutional Court and the Court of Justice of the European Union (CJEU), but also from the standpoint of the conflicting levels of rights' protection in Europe. The story of Melloni can be described in three acts: setup, confrontation, and resolution.First, the setup: in 2011, the Spanish Constitutional Court made its first and (so far) only preliminary reference to the CJEU. The Constitutional Court was faced with a collision between the constitutional right to fair trial of persons convicted in absentia and the obligation under EU law to execute a European arrest warrant (heretofore EAW). This setup generated great anticipation, both because of the protagonists and the type of conflict, since in this case what obstructed one member state from complying with EU law was its higher level of constitutional protection for the right in question.

scholarly journals O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

2021 ◽  
Vol 13 (13) ◽  
pp. 469-480
Author(s):  
Alexandre Coutinho Pagliarini ◽  
Maria Fernanda Augustinhak Schumacker Haering Teixeira
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Right ◽  
Economic Bloc ◽  
The Guardian ◽  
Second World

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.

scholarly journals A Weaponized Court of Justice in Schrems II

2021 ◽  
Vol 4 (2) ◽  
pp. 1-18
Author(s):  
Jeffery Atik ◽  
Xavier Groussot
Keyword(s):  
European Union ◽  
National Security ◽  
The United States ◽  
Constitutional Court ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Legal Development ◽  
Court Of Justice ◽  
General Data ◽  
The U.S

The U.S.-EU conflict over the application of the General Data Protection Regulation (GDPR) to U.S.-based digital platform companies is marked by a startling legal development: the insertion of a constitutional court squarely into the heart of the dispute. The engagement of the EU’s top court - the Court of Justice (CJEU) - in the Schrems I and Schrems II cases - has significantly inflamed the dispute. The CJEU has now twice struck down GDPR accommodations reached between the United States and the European Union. In doing so, the Court has rebuked both U.S. and EU officials. By transfiguring provisions of the GDPR with constitutional (that is, treaty-based) and human rights values, the Court has placed out of reach any accommodation that does not involve significant reform of U.S. privacy and national security provisions. Heated trans-Atlantic disputes involving assertions of extraterritorial extensions of regulatory power is an inappropriate place for a constitutional court like the CJEU to throw its declarative weight around. 

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