Il sistema istituzionale dell'Unione europea
In: CEDAM scienze giuridiche
14 Ergebnisse
Sortierung:
In: CEDAM scienze giuridiche
In: Pubblicazioni dell'Istituto di Diritto Internazionale dell'Università di Roma 21
In: Common Market Law Review, Band 50, Heft 5, S. 1305-1332
ISSN: 0165-0750
After having outlined some of the legal implications, as well as some of the main issues raised by the accession of the EU to the ECHR, the paper focuses on the prior involvement mechanism as to situations when the alleged violation involves national judicial proceedings. It seeks to demonstrate that the mechanism does match both the ECHR's features, and the precise conditions imposed by EU primary law on the accession process. It further argues that the prior involvement rule does not require a revision of the EU Treaties. Finally, it is argued that the ECJ's prior involvement mechanism encourages the positive intervention of the ECJ, while recognizing the subsidiary external control of the Strasbourg Court. It seeks to preserve the primary role of both Courts in their respective domains, on the assumption that the protection of human rights requires the two Courts to be not rivals for primacy, but rather complementary partners for progressiveevolution in the interest of improving individual protection. This is, in the author's view, the fundamental rationale for the prior involvement mechanism.
SSRN
Working paper
In: Common market law review, Band 50, Heft 5, S. 1305-1332
ISSN: 0165-0750
In: 2012 EUDO Dissemination Conference: The Euro Crisis and the State of European Democracy, Florence, Italy, 22-23 November 2012
SSRN
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 38, Heft 4, S. 297-320
ISSN: 1566-6573, 1875-6433
Opinion 1/09 may be considered as one of the most conspicuous contributions the European Court of Justice (ECJ) has given to the constitutional building of the European Union (EU). For the first time in its case law, it has labelled national courts as the 'guardians' and 'ordinary courts' of the EU legal order, focusing particularly on their role of referring courts in the preliminary ruling procedure. Reiterating a monistic approach, national courts have been entrusted with judicial powers Member States cannot rule out. Even though the ECJ remains the ultimate umpire of the EU legality, the Opinion makes the preliminary ruling procedure an instrument of judicial protection of individual rights stemming from EU law.
In: European journal of international law, Band 17, Heft 2, S. 475-478
ISSN: 0938-5428
In: Nuovi studi politici: rivista bimestrale, Band 32, Heft 1, S. 35-72
In: Collana del Centro di ricerca sulle organizzazioni internazionali ed europee 1