Review of European Administrative Law最新文献_第3页

The Unwritten Exceptions to the Duty to Refer After Consorzio Italian Management II: 'CILFIT Strategy' 2.0 and its Loopholes 意大利财团管理后提及义务的不成文例外II:“CILFIT战略”2.0及其漏洞

Review of European Administrative Law Pub Date : 2022-11-11 DOI: 10.7590/187479822x16669633687993

L. Cecchetti, Daniel Gallo

{"title":"The Unwritten Exceptions to the Duty to Refer After Consorzio Italian Management II: 'CILFIT Strategy' 2.0 and its Loopholes","authors":"L. Cecchetti, Daniel Gallo","doi":"10.7590/187479822x16669633687993","DOIUrl":"https://doi.org/10.7590/187479822x16669633687993","url":null,"abstract":"The unwritten exceptions to the duty to refer upon last instance national courts, most notably the so-called 'acte clair doctrine' forged in the wellknown CILFIT ruling, lie at the core of the multilevel composite judicial architecture of the EU. Taking in due consideration the copious\u0000 literature in this regard, our article examines the current state of EU law in relation to the unwritten exceptions to the duty to refer enshrined in Article 267(3) TFEU and its major issues. The relevance and topicality of the analysis result from developments brought about by the Grand Chamber\u0000 in Consorzio Italian Management II, which will be the point of reference for the future doctrinal reflection on the dialogue between last instance national courts and the ECJ. We contend that, by updating and partially reshaping the CILFIT conditions, the ECJ has to some extent updated the\u0000 judicial rationale underlying that judgment: strengthening the ECJ's judicial control over last instance national courts' practice while – at the very same time – loosening its reins on these courts in some respects. Indeed, in today's Union, the Court seems to have accepted the\u0000 idea that, in the context of Article 267 TFEU, its authority can only be successfully performed if to some extent shared with last instance national judges, whose role as enforcer of EU law has been enhanced along with the responsibilities attached to it. One might thus wonder whether this\u0000 strategy will be as successful as its 'predecessor' (i. e., CILFIT).","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133687934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Legal Effects of a Serious Infringement of EU Law on Administrative Authorities and Courts: Comments on the Judgment of 10 March 2022, Case C-177/20 Grossmania, EU:C:2022:175 严重违反欧盟法律行为对行政机关和法院的法律影响:评议2022年3月10日格罗斯曼尼亚案C-177/20的判决，EU:C:2022:175

Review of European Administrative Law Pub Date : 2022-11-11 DOI: 10.7590/187479822x16669633688000

Xabier Arzoz

引用次数: 0

The State-owned Maritime Concessions in Italy: the Cross-border Interest Issue and the Ongoing Reform of the Sector 意大利国有海上特许权:跨境利益问题和正在进行的部门改革

Review of European Administrative Law Pub Date : 2022-08-05 DOI: 10.7590/187479822x16589299241745

A. Monica

{"title":"The State-owned Maritime Concessions in Italy: the Cross-border Interest Issue and the Ongoing Reform of the Sector","authors":"A. Monica","doi":"10.7590/187479822x16589299241745","DOIUrl":"https://doi.org/10.7590/187479822x16589299241745","url":null,"abstract":"The Italian State-owned maritime concessions regulatory framework testifies the seminal impact of Title IV of the Treaty of the Functioning of the European Union (TFEU) and of the Services Directive (Directive 2006/123/EC) on national administrative procedures. Recently, the Plenary\u0000 Assembly of the Council of State (following the reasoning of the Court of Justice of the European Union (CJEU) in joined cases C-458/14 and C-67/15 Promoimpresa and Mr. Melis), has confirmed the illegitimacy of the automatic extension of State-owned maritime concessions provided by the Italian\u0000 law until 2033, as contrary to both Article 49 TFEU and Article 12 of the Services Directive. It has modulated the effects of the unlawfulness of the ongoing extension calling on the Italian legislator to reform the sector's regulations by the end of 2023. Therefore, both the legislator and\u0000 the national administrations will have to find a balance between all relevant interests at stake in a transformed service market of bath tourism, since the beginning of the implementation of the Services Directive. Moreover, also in a case-by-case analysis of the 'scarcity of available natural\u0000 resources', they both will have to consider the cross-border interest of these concessions as necessarily existing in re ipsa, whilst balancing this aspect with some peculiar features of the Italian bathing sector. Firstly, it is clear how the national legislator has to implement the EU law\u0000 taking into account the concrete facts and context at stake. Secondly, the protection of private operators and of recipients is a basic condition not only for a general equitable and solidarity-based reform, but also for each selection procedure.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"1987 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125481974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Lawtify Premium: Public. Resource. Org (T-185/19), a Judicial Take on Standardisation and Public Access to Law Lawtify Premium: Public。资源。Org (T-185/19)，对标准化和公众获取法律的司法看法

Review of European Administrative Law Pub Date : 2022-08-05 DOI: 10.7590/187479822x16589299241754

Alexandru Soroiu, Mateus Correia de Carvalho

{"title":"Lawtify Premium: Public. Resource. Org (T-185/19), a Judicial Take on Standardisation and Public Access to Law","authors":"Alexandru Soroiu, Mateus Correia de Carvalho","doi":"10.7590/187479822x16589299241754","DOIUrl":"https://doi.org/10.7590/187479822x16589299241754","url":null,"abstract":"In Public. Resource. Org, the General Court ('GC') was called upon to balance the tension between the copyright claimed by a European standardisation organisation ('ESO') over four harmonised standards; and the request of free access to those standards, made by two NGOs. The GC, privileging\u0000 the former, ruled (1) that ESOs are private bodies able to legitimately license and sell their products; (2) that harmonised standards are the result of creative and original work performed by ESOs and, therefore, worthy of copyright protection, and (3) that privileging the access to the content\u0000 of the standards could be prejudicial to the ESO's business model. In this context, this case note argues that, whatever the outcome of the case could be, the GC failed to give adequate consideration to (1) the constitutional role and public regulatory functions that harmonised standards fulfill;\u0000 (2) the extent to which harmonised standards may actually be considered a product of free, creative, and orginal choices of their authors, and (3) whether harmonised standards in fact are a substantial part of the work and income of ESOs and whether they are not already sufficiently compensated\u0000 for their work.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129676462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The New Aarhus Regulation and the Defensive Behaviour of the European Legislator 《新奥胡斯条例》与欧洲立法者的防卫行为

Review of European Administrative Law Pub Date : 2022-08-05 DOI: 10.7590/187479822x16589299241736

Luca de Lucia

{"title":"The New Aarhus Regulation and the Defensive Behaviour of the European Legislator","authors":"Luca de Lucia","doi":"10.7590/187479822x16589299241736","DOIUrl":"https://doi.org/10.7590/187479822x16589299241736","url":null,"abstract":"The European Union implemented the Aarhus Convention for European institutions and bodies by means of Regulation 1367/2006. This Regulation, however, did not ensure the full compliance of European law with the Convention provisions regarding access to justice, since it was very restrictive\u0000 as to who was granted the right to request the review of acts allegedly infringing environmental law, the acts for which such review could be requested, and access to justice was ensured through an administrative procedure that did not comply with the principle of fairness. Due to these shortcomings,\u0000 Regulation 2021/1767 amended Regulation 1367/2006, successfully addressing the first two compliance issues, but leaving the question of the fairness of the review mechanism unresolved. This article has two aims: first, to illustrate the main changes made by Regulation 2021/1767, and second,\u0000 to show that the European legislator could provide for access to justice in environmental matters through review mechanisms that are fully in line with the standards required by the Aarhus Convention. This would be possible given that the provisions of the Treaty on administrative remedies\u0000 are fairly flexible.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132165646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Case C-181/19, Jobcenter Krefeld: The End of the Union Citizenship as Previously Understood? 案例C-181/19，克雷菲尔德就业中心:以前所理解的联邦公民身份的终结?

Review of European Administrative Law Pub Date : 2021-12-17 DOI: 10.7590/187479821x16364535488046

Jaan Paju

引用次数: 0

The Principle of Proportionality, Article 8 of the ECHR and Swedish Care Orders in Cases of Neglect. A Sketch of a Theoretical Framework 相称原则、《欧洲人权公约》第8条和瑞典忽视案件的照料令。一个理论框架的草图

Review of European Administrative Law Pub Date : 2021-12-17 DOI: 10.7590/187479821x16364535488019

Katarina Alexius

{"title":"The Principle of Proportionality, Article 8 of the ECHR and Swedish Care Orders in Cases of Neglect. A Sketch of a Theoretical Framework","authors":"Katarina Alexius","doi":"10.7590/187479821x16364535488019","DOIUrl":"https://doi.org/10.7590/187479821x16364535488019","url":null,"abstract":"This study conducts an analysis of the rights in article 8 of the ECHR and the application of the proportionality principle when Swedish care orders may be regarded as a necessary interference in family life. The study has been based on an interdisciplinary approach. Text documents\u0000 were studied through socio-legal methods and perspectives, by combining knowledge from legal sources and social sciences research through a content analysis derived from formal and substantive legal certainty. The article concludes that reasoning in Swedish administrative courts should routinely\u0000 consider proportionality in cases of neglect, and sets out to sketch a theoretical framework for the principle of proportionality in decisions on care orders. The results show that, since decisions in child welfare cases cannot be made completely uniform and predictable, the focus of decisions\u0000 in social child welfare work must be to satisfy the objectives and values of substantive legal certainty, instead of unrealistically striving for formal legal certainty through equal treatment and predictability. The results also show that, by requiring those who exercise public authority\u0000 to present their assessments based on proportionality, new demands are made for the quality and efficiency of involuntary out-of-home placements. Child welfare investigations should nowadays include impact assessments that clarify the advantages and disadvantages of the care in relation to\u0000 the risk of harm from the original home conditions. Abuse and neglect in out-of-home placements will therefore be of growing importance in decisions on care orders in the future.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131131086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Services of General Interest (EU) as Indicators of Public Functions in the Sense of Public Administrative Law 公共行政法意义上的公共职能指标——公共利益服务

Review of European Administrative Law Pub Date : 2021-12-17 DOI: 10.7590/187479821x16364535488028

Margrét Vala Kristjánsdóttir

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The Application of National Law and Composite Procedures in the Single Supervisory Mechanism. Did the Court of Justice of the EU find a New Van Gend en Loos? 单一监督机制中国家法与复合程序的适用。欧盟法院是否找到了“新范根德”?

Review of European Administrative Law Pub Date : 2021-11-02 DOI: 10.7590/187479821x16341122033250

Francisco Hernández Fernández

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C-826/18, Stichting Varkens in Nood and others v College van burgemeester en wethouders van de gemeente Echt-Susteren (Judgment of 14 January 2021) – Case Note C-826/18, Stichting in Nood和其他v学院van burgemeester en wethouders van de gemeente Echt-Susteren(2021年1月14日判决)-案例说明

Review of European Administrative Law Pub Date : 2021-11-02 DOI: 10.7590/187479821x16341122033278

R. Wertheim

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