European Community—Maastricht Treaty—delegation of power to international organizations under Danish Constitution—right to democracy—power of Danish courts to review acts by Community organs

1999 ◽  
Vol 93 (1) ◽  
pp. 209-214 ◽  
Author(s):  
Bernard H. Oxman ◽  
Sten Harck ◽  
Henrik Palmer Olsen
Keyword(s):  
European Union ◽  
Supreme Court ◽  
European Community ◽  
Direct Effect ◽  
International Organizations ◽  
Maastricht Treaty ◽  
The European Union ◽  
Vital Importance ◽  
The Right ◽  
Ec Law

Decision Concerning the Maastricht Treaty. 1998 Ugeskrift for Retsvaesen, H 800.Supreme Court of Denmark, April 6, 1998.In this case the Danish Supreme Court decided that the ratification and the incorporation into Danish law of the Maastricht Treaty creating the European Union are consistent with the Danish Constitution of 1953. It also reserved the right for Danish courts to review Community decisions for consistency with the Act on Denmark's accession to the EC Treaty. This decision is of vital importance to Denmark's relationship to the European Community (EC) and to the claims of direct effect and priority of EC law over national constitutions.

9. EU law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Maastricht Treaty ◽  
Eu Law ◽  
The European Union ◽  
Legislative Power ◽  
Treaty Of Amsterdam ◽  
The Relationship ◽  
Direct Applicability ◽  
The Eu

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts.

Future Prospects for Europe

1995 ◽  
Vol 30 (4) ◽  
pp. 452-468 ◽  
Author(s):  
Emile Noël
Keyword(s):  
European Union ◽  
European Community ◽  
Maastricht Treaty ◽  
Former Yugoslavia ◽  
Political Crisis ◽  
The European Union ◽  
Future Prospects ◽  
Political Will ◽  
Social Crisis ◽  
Community Or

BEFORE WE CAN BEGIN TO EXAMINE THE PROSPECTS FOR Europe's future, we must acknowledge that, for three years now, the European Community (or rather, the European Union) has been in a state of latent, but nonetheless profound, crisis. The problems surrounding the ratification of the Maastricht Treaty revealed this crisis but its roots go much deeper. We have all experienced its manifestations: 1) an economic and social crisis, in the form of the currency upheavals of 1992–93 and the rise in unemployment; 2) a political crisis, following the failures of the European Union in the former Yugoslavia and its complete absence from the scene in Rwanda; 3) an institutional crisis, given the uncertainties posed by the prospect of an enlarged (‘wider’) Europe for the present effective working of the Community, and even for its future in the absence of a clear political will.

The right to revoke withdrawal notices from international organizations: The case of Brexit and the European Union

2020 ◽  
pp. 1023263X2095837
Author(s):  
Gino Naldi ◽  
Konstantinos Magliveras
Keyword(s):  
European Union ◽  
International Law ◽  
International Organizations ◽  
British Society ◽  
The European Union ◽  
Critical Question ◽  
The Law ◽  
Article 50 ◽  
The Uk ◽  
The Right

Following the 2016 referendum, the UK notified its intention to withdraw from the European Union pursuant to Article 50 TEU. Given the political and legal consequences of a much-questioned referendum and the strong opinion of many parts of British society that the UK’s membership should not be terminated, the question arose whether such a notification could be revoked unilaterally. In the absence of any mention in Article 50, expert opinion was divided. International law – that is, the law of treaties and the law of international organizations – does not appear to provide a definite answer, while state practice is rather scarce. The constituent instruments of international and regional organizations containing withdrawal clauses are also silent, except for African organizations and development/investment organizations, which invariably allow Member States to rescind withdrawal notices. As regards the EU Treaties, before the Lisbon Treaty they did not contain a withdrawal clause. In the preliminary ruling given in Wightman v. Secretary of State for Exiting the European Union, which concerned whether an EU Member has the sovereign power under Article 50 to revoke unilaterally a withdrawal notice, the Court of Justice helped to clarify a critical question of EU Law but also of international law.

9. EU law

2020 ◽  
pp. 202-225
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
Member State ◽  
Direct Effect ◽  
Maastricht Treaty ◽  
Eu Law ◽  
The European Union ◽  
The Uk ◽  
Treaty Of Amsterdam ◽  
The Relationship ◽  
Direct Applicability

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts, and concludes by considering the likely enduring impact of EU law even after the UK has ceased to be a member state.

Labour Rights as Human Rights: Implications for Employers’ Free Movement in an Enlarged European Union

2007 ◽  
Vol 9 ◽  
pp. 357-386 ◽  
Author(s):  
Tonia Novitz
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Free Movement ◽  
The European Union ◽  
Labour Rights ◽  
European Court ◽  
The Right ◽  
Ec Law ◽  
The Eu

This chapter considers the legal status of labour rights as human rights within the European Union (EU) and the implications that this may have for free movement provisions under European Community (EC) law. This is not by any means a new subject for analysis and reflection, but has been of particular concern since the fifth enlargement of the EU which commenced in 2004. It is in this context that we have witnessed significant litigation before the European Court of Justice concerning the scope of the right to strike, and widespread protest concerning the adoption of a new Directive on Services in the Internal Market.

scholarly journals A European Story

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 74-79 ◽  
Author(s):  
Stephanie Francq
Keyword(s):  
United States ◽  
European Union ◽  
Supreme Court ◽  
European Community ◽  
The United States ◽  
Public Authority ◽  
European Perspective ◽  
The European Union ◽  
The Supreme Court

The decision of the Supreme Court in RJR Nabisco v. European Community is the culmination of sixteen years of litigation, preceded by years of investigation. From a European perspective, the decision can only be read as a disappointment: “we” tried, “we” lost. But beyond the frustration with the outcome, this European take on the RJR decision will focus on two questions: (i) why did the European Community decide to bring proceedings in the United States in the first place; and (ii) what would happen in the reverse scenario, if a foreign public authority or a private plaintiff were to bring suit in the European Union? Answering these two questions casts RJR in a slightly different light and offers an interesting picture of the wider political and regulatory context in the European Union.

scholarly journals Marco comparado de la libertad religiosa en Europa

2012 ◽  
Author(s):  
Ana Fernández-Coronado González
Keyword(s):  
European Union ◽  
European Community ◽  
The European Union ◽  
Freedom Of Conscience ◽  
State Laws ◽  
Community Law ◽  
The Individual ◽  
The Right ◽  
Sobre Todo ◽  
European Community Law

La consolidación de la Unión Europea como una unidad política y su estructuración jurídica ha planteado una seria de cuestiones importantes en los diversos campos del derecho. Este trabajo de investigación se centra en uno de esos ámbitos: el del Derecho de Libertad de Conciencia como objeto del Derecho Eclesiástico del Estado. La relevancia del tema reside en la existencia de una doble regulación jurídica de este derecho, no siempre coincidente: la de los Estados miembros de la Unión, que consideran esta cuestion como parte de su identidad, y la del Derecho Comunitario como derecho supranacional. Con este punto de partida, la posibilidad de lograr una armonización legislativa en la materia plantea indudables dificultades, sobre todo en la dimensión colectiva del Derecho de Libertad de Conciencia, pues el aspecto individual no plantea mayores problemas. La razón de esta dificultad se encuentra en el enorme peso de las religiones tradicionales en los distintos Estados, hecho que condiciona a menudo la legislación de los mismos, en perjuicio de la plena realización de esa libertad, sobre todo para las minorías religiosas, establecidas como consecuencia del pluralismo cultural fruto de la inmigración. El análisis de estos dos espacios jurídicos, Derecho de los Estados y Derecho Comunitario, permitirá valorar el alcance de una posible armonización legislativa con proyección de futuro.The consolidation of the European Union as a political entity and the articulation of a European Community Law raise certain relevant questions in different fields of law. This research focuses in a particular sphere: the freedom of conscience as object of Law and religion. The relevance of this issue is due to the existence of a double juridical regulation –not necessarily coincident– of the freedom of conscience: the European Union Member States regulations, which consider this subject as part of their respective identities; and the European Community Law regulation. As a result, the legislative harmonization of this subject faces important difficulties, especially as far as the collective dimension of the Right to freedom of conscience is concerned –the individual dimension does not raise major problems–. The referred difficulty is due to the enormous weight of the traditional and historic religions in the different States, which determine in many occasions their legislations. This has a detrimental effect on the secularity of the States, as well as on the rights of minority religious groups, which are the result, to a large extent, of the cultural pluralism arising from immigration. The analysis of these two juridical spaces –State laws and European Community Law– will allow us to assess the implications of a possible legislative harmonization in the future.

11 The Supreme Court and the European Union

2019 ◽  
Author(s):  
Dickson Brice
Keyword(s):  
European Union ◽  
Supreme Court ◽  
European Community ◽  
Separation Of Powers ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
The Supreme Court ◽  
The Status ◽  
The Way

This chapter charts the way in which the Irish Supreme Court has applied the law of the European Community/Union. It takes the reader through several seminal cases which illustrate the Court’s readiness to accommodate EC/EU standards within domestic Irish law. These include the Campus Oil case, the Crotty case, the Meagher case, the Maher case, and the Pringle case. This entails explaining and critiquing the Supreme Court’s approach to the doctrine of separation of powers and the status of EC/EU law within the Irish Constitution. The case-law in this field illustrates how activist the Supreme Court can sometimes be. The chapter ends by looking at other respects in which the Supreme Court has interacted with EU law

scholarly journals International Organizations Policies and New Era of Work: Education in What Skills?

2018 ◽  
Vol 8 (4) ◽  
pp. 79
Author(s):  
Zoe Karanikola ◽  
George Panagiotopoulos
Keyword(s):  
European Union ◽  
International Organizations ◽  
Social Cohesion ◽  
Growth And Development ◽  
Working Environment ◽  
The European Union ◽  
New Era ◽  
The Right ◽  
Policy Guidance ◽  
Work Education

This paper comes to examine the intense reflection that arises around the issue of the right and the appropriate skills employees need to obtain in order to adapt to a continuously changing working environment. In a context of global co-operation and coalition, international organizations, such the Organization for Economic Cooperation and Development (OECD) and the European Union (EU) Institutions, are called upon to play an important role in the development of prosperity, social cohesion and the economy of the countries, given that they have both the appropriate experience and the extensive diplomatic networks. In such a context, a great number of significant official texts have been drafted. Texts which provide policy guidance to member states in order to achieve growth and development. This study, through the bibliographic review of related texts, comes to investigate the proposed by the international organizations types of skills which are related to the protection and the maintenance of employability.

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