Exploring the Autonomy of the European Union Legal Order

Lenaerts, Koenraad; Gutiérrez-Fons, José Antonio; Adam, Stanislas

doi:10.17104/0044-2348-2021-1-47

Cited by 8 publications

(2 citation statements)

References 1 publication

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“…In another co-authored paper postdating this decision, President Lenaerts then acknowledges that the autonomy of the Union's legal order implies that it is for the Court to determine how (possibly only prima facie) equally ranking constitutional principles of EU law are to interact with one another. Whilst all EU norms enjoy primacy, not all of them have direct effect, and by drawing an important distinction between these two principles, the Courtin Lenaert's own words -'put[…] to rest a long-standing academic debate', 169 thereby (albeit only descriptively) admitting academic as well as judicial defeat.…”

Section: B Balancing Two Roles: the Influence Of The Code Of Conductmentioning

confidence: 99%

The faceless court? The role of individual CJEU members

Gragl

2023

Maastricht Journal of European and Comparative Law

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The CJEU is perceived to be a rather faceless court due to the principle of collegiality that is supposed to suppress individuality in its inner workings. This paper argues that this is not necessarily true in all cases and discusses instances wherein individual faces of the CJEU's members become discernible, in particular in their roles as President and Vice-President, respectively, the judge-rapporteur, Advocates General, single judges at the General Court, during public oral hearings, as litigants themselves, and of course in their academic publications. It also shows that judicial visibility can, in itself, certainly be construed to support the legitimacy of a court, but that it can, at the same time, also undermine its functioning, especially when judges are, as appointees, dependent on the will of their home Member State and others in the Council. Overall, it will be demonstrated that there are various situations in which individual CJEU members may emerge from an otherwise anonymous bench and play important judicial roles as individuals, thus rebutting the long-standing presumption that the CJEU is a faceless court.

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Section: B Balancing Two Roles: the Influence Of The Code Of Conductmentioning

confidence: 99%

The faceless court? The role of individual CJEU members

Gragl

2023

Maastricht Journal of European and Comparative Law

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“…As to the principle of equivalence, the Court of Justice examined whether the judicial remedy at issue was, in the light of its purpose and cause of action, similar to those that seek to safeguard the rights that EU law confers on individuals. 32 On the one hand, the Court of Justice described the main features of the remedy at issue in the main proceedings. It pointed out that that remedy was functionally linked to proceedings before the European Court of Human Rights (ECtHR).…”

Section: B) An Example: the Eu System Of Fundamental Rights Protectionmentioning

confidence: 99%

Exploring the Autonomy of the European Union Legal Order

Lenaerts¹,

Gutiérrez-Fons²,

Adam³

2021

ZaöRV / HJIL

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Two different dynamics govern the autonomy of the European Union (EU) legal order. On the one hand, autonomy seeks to define what EU law is not, i.e. it is not ordinary international law. Positively, on the other, autonomy seeks to define what EU law is, i.e. a legal order that has the capacity to operate as a self-referential system of norms that is both coherent and complete. Yet the concept of autonomy of the EU legal order in no way conveys the message that the EU and its law are euro-centric and that the Court of Justice of the European Union (the ‘Court of Justice’) seeks to insulate EU law from external influences by building walls that prevent the migration of legal ideas. Autonomy rather enables the Court of Justice to strike the right balance between the need to preserve the values on which the EU is founded and openness to other legal orders. The autonomy of the EU legal order is thus part of the very DNA of that legal order as it allows the EU to find its own constitutional space whilst interacting in a cooperative way with its Member States and the wider world.

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Different Scopes and Implications (De Lege Lata)

Frischhut

2022

The Ethical Spirit of EU Values

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This chapter covers the temporal, content-related, personal, and territorial scope of these values. The temporal scope (scope ratione temporis) addresses the historic development of EU values and addresses the ‘living instrument’ character of these values and of the Charter of Fundamental Rights. The content-related scope (scope ratione materiae) provides a detailed overview on the various values of human dignity, democracy, the rule of law, human rights (including those of minorities), solidarity, justice, equality, including equality between women and men, non-discrimination, freedom, pluralism, and tolerance. Within each section, the following questions will be addressed: What is the legal quality of the relevant concept: A value, a (general) principle (of EU law), an objective, and/or a fundamental right? Is the relevant concept defined, or at least to some extent determined (either in the Treaties, in EU Secondary law, or in case-law)? If not determined in law, can we find some clarification in philosophical literature? Where in EU law can we trace this concept? The personal scope (scope ratione personae), addresses the question of who is entitled and who is obliged by the various values. Finally, the territorial scope (scope ratione limitis), addresses the situation of values both inside and outside the EU27. Finally, the implications, of values in terms of the question of their justiciability and the possibility of restrictions are covered.

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Exploring the Autonomy of the European Union Legal Order

Cited by 8 publications

References 1 publication

The faceless court? The role of individual CJEU members

The faceless court? The role of individual CJEU members

Exploring the Autonomy of the European Union Legal Order

Different Scopes and Implications (De Lege Lata)

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