Review of European Administrative Law最新文献_第8页

Popławski II: A Half-Hearted Embrace of Hierarchical Supremacy Popławski II:半心半意地拥抱等级至上

Review of European Administrative Law Pub Date : 2020-05-26 DOI: 10.7590/187479820x15881424928435

S. Haket

引用次数: 1

The SOLVIT Network: State of the Art and Possible Future Developments 索尔维特网络:技术现状和可能的未来发展

Review of European Administrative Law Pub Date : 2020-05-26 DOI: 10.7590/187479820x15881424928417

Micaela Lottini

引用次数: 0

Mutual Recognition, Transnational Legal Relationships and Regulatory Models 相互承认、跨国法律关系与规制模式

Review of European Administrative Law Pub Date : 2020-05-26 DOI: 10.7590/187479820x15881424928372

J. Agudo

引用次数: 0

Mutual Recognition in the Spanish Multi-level Administrative State 西班牙多层次行政国家的相互承认

Review of European Administrative Law Pub Date : 2020-03-24 DOI: 10.2139/ssrn.3679980

Luis Arroyo Jiménez

{"title":"Mutual Recognition in the Spanish Multi-level Administrative State","authors":"Luis Arroyo Jiménez","doi":"10.2139/ssrn.3679980","DOIUrl":"https://doi.org/10.2139/ssrn.3679980","url":null,"abstract":"Mutual recognition is a shorthand for the obligation of authorities of jurisdiction A to give effect to legal rules or acts passed by authorities of jurisdiction B. Thus, mutual recognition gives rise to cross-border effects of general or individual decisions. Such an obligation can\u0000 arise from an agreement reached by those jurisdictions, or from a higher law that imposes it upon them. In this paper, I explore the role of mutual recognition between Spanish autonomous regions. The case of Spain is interesting from a comparative standpoint because regions enjoy important\u0000 competences in the field of market regulation, the implementation of which can create risks in terms of market integration. These risks have traditionally been managed with the principles of cooperation and market unity. In 2013, the Spanish Parliament decided to go beyond that and passed\u0000 a law establishing a region of origin rule. This was subsequently declared unconstitutional by the Constitutional Court, by virtue of the principle of regional autonomy under Article 2 of the Spanish Constitution. The story of Spain shows the scope, limits and constitutional problems of mutual\u0000 recognition in a multilevel administrative State.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132056758","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

Right to be forgotten: european data imperialism, national privilege, or universal human right? 被遗忘权:欧洲数据帝国主义、国家特权，还是普世人权?

Review of European Administrative Law Pub Date : 2020-02-20 DOI: 10.7590/187479820X15881424928426

O. Gstrein

{"title":"Right to be forgotten: european data imperialism, national privilege, or universal human right?","authors":"O. Gstrein","doi":"10.7590/187479820X15881424928426","DOIUrl":"https://doi.org/10.7590/187479820X15881424928426","url":null,"abstract":"The Digital Age has fundamentally reshaped the preconditions for privacy and freedom of expression. This transpires in the debate about a \"right to be forgotten\". While the 2014 decision of the European Court of Justice in \"Google Spain\" touches upon the underlying issue of how increasing\u0000 amounts of personal data affects individuals over time, the topic has also become one of the salient problems of Internet Governance. On 24th September 2019 the European Court of Justice delivered its judgment in \"Google vs CNIL\" (C-507/17) which was supposed to clarify the territorial scope\u0000 of the right. However, this judgment has raised doubts about the enforceability of the General Data Protection Regulation, and reveals the complex, multi-layered governance structure of the European Union. Acknowledging such complexity at a substantive and institutional level, this article\u0000 starts by analysing the judgment. Additionally, to better understand the current situation in the European Union and its member states, recently produced draft guidelines by the European Data Protection Board are presented and discussed, as well as two judgments of the German Federal Constitutional\u0000 Court. Subsequently, the European developments are put in international context. Finally, the insights from these sections are combined which allows to develop several conceptual ideas. In conclusion, it is argued that the right to be forgotten remains complex and evolving. Its success depends\u0000 on effective multi-layer and multistakeholder interaction. In this sense, it has become a prominent study object that reveals potential venues and pitfalls on a path towards more sophisticated data protection frameworks.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123160431","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: 4

The ECJ as the EU Court of Appeal: some evidence from the appeal case-law on the non-contractual liability of the EU 欧洲法院作为欧盟上诉法院:来自欧盟非合同责任上诉判例的证据

Review of European Administrative Law Pub Date : 2020-02-10 DOI: 10.7590/187479820X15881424928408

Giulia Gentile

{"title":"The ECJ as the EU Court of Appeal: some evidence from the appeal case-law on the non-contractual liability of the EU","authors":"Giulia Gentile","doi":"10.7590/187479820X15881424928408","DOIUrl":"https://doi.org/10.7590/187479820X15881424928408","url":null,"abstract":"Legal scholarship has devoted limited attention to the appeal procedure before the Court of Justice of the European Union. However, appeal judgments have assumed renewed importance following the recent EU judicial reform in 2015. Firstly, the centralisation of the appeal procedure in\u0000 the hands of the General Court (GC) and the Court of Justice (ECJ) has further strengthened the ECJ's role as a court of appeal of the EU legal order. Secondly, the number of appeal judgments delivered by the ECJ has drastically increased. The scope of this article is twofold: it\u0000 presents findings on how the ECJ exercises its role as court of appeal; it also seeks to initiate an academic debate on how the appeal procedure shapes the judicial dialogue between the GC and the ECJ in the interpretation of EU law. For this purpose, the article firstly investigates how the\u0000 ECJ interprets the notion of 'pleas of law' and 'complex factual assessment'. Since appeals may cover only questions of law, these notions are pivotal in determining the limits of the ECJ jurisdiction when reviewing the decisions of the GC. Secondly, it analyses the interpretative methods\u0000 used by the ECJ on appeal, and the divergent judicial interpretations of EU law followed by the GC at first instance. Thirdly, it analyses the balancing of individual rights and general interest in the context of this procedure, and the instances in which the ECJ has reviewed the balance struck\u0000 by the GC. Far from being merely doctrinal research, this analysis offers evidence of how the ECJ interprets EU law on appeal, and provides guidance to practitioners and academics as to procedural and substantive aspects of this procedure. As a case study, the paper focuses on the EU case-law\u0000 issued on appeals concerning the non-contractual liability of EU institutions.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117020723","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: 1

The relationship between EU secondary rules and the principles of effectiveness and effective judicial protection in environmental matters: towards a new dawn for the 'language of rights'? 欧盟次级规则与环境事务中有效性原则和有效司法保护的关系:走向“权利语言”的新曙光?

Review of European Administrative Law Pub Date : 2019-12-31 DOI: 10.7590/187479819x15840066091349

M. Eliantonio

{"title":"The relationship between EU secondary rules and the principles of effectiveness and effective judicial protection in environmental matters: towards a new dawn for the 'language of rights'?","authors":"M. Eliantonio","doi":"10.7590/187479819x15840066091349","DOIUrl":"https://doi.org/10.7590/187479819x15840066091349","url":null,"abstract":"Environmental policy is an area which has been quite heavily proceduralised and is a rather peculiar example of 'multi-level proceduralisation' because of the presence of the Aarhus Convention. This paper explores the relevant procedural provisions taken in the field of environmental\u0000 law and in particular in implementation of the Aarhus Convention, and examines the case law which has involved these provisions. This case law is specifically discussed as concerns the way in which the Court of Justice deals with the interaction between the relevant secondary rules and the\u0000 general principles of effectiveness and effective judicial protection, as well as Article 47 of the Charter of Fundamental Rights concerning the right to an effective remedy. It is shown that it is difficult to distill a consistent approach on the part of the Court with regards to this interaction,\u0000 and that much depends on the specifics of the case and the question posed by the referring court. However, with the latest case law, despite the apparent lack of underlying rights which would be able to trigger the applicability of the Charter of Fundamental Rights, the Court of Justice seems\u0000 to be moving towards a heavier involvement of Article 47 of the Charter and, consequently, of a 'language of rights', which increasingly plays a pivotal role in boosting the effectiveness of the Aarhus Convention.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122221435","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: 2

Of Legislative Waves and Case law: Effective Judicial Protection, Right to an Effective Remedy and Proceduralisation in the EU Asylum Policy 立法浪潮与判例法:欧盟庇护政策中的有效司法保护、有效救济权和程序化

Review of European Administrative Law Pub Date : 2019-12-31 DOI: 10.7590/187479819x15840066091286

E. Tsourdi

{"title":"Of Legislative Waves and Case law: Effective Judicial Protection, Right to an Effective Remedy and Proceduralisation in the EU Asylum Policy","authors":"E. Tsourdi","doi":"10.7590/187479819x15840066091286","DOIUrl":"https://doi.org/10.7590/187479819x15840066091286","url":null,"abstract":"This article explores the multifaceted relationship between the principle of effective judicial protection, the fundamental right to an effective remedy, and secondary EU procedural rules in asylum. Proceduralisation has been an explicit goal of the EU asylum policy since its inception.\u0000 It has materialised in three legislative waves. The first resulted in the creation of a basic set of procedural guarantees, alongside a plethora of exceptional procedures. The second resulted in modest improvements in terms of harmonisation, and adherence to fundamental rights, but saw exceptional\u0000 procedural arrangements either retained or introduced. The third, forthcoming wave, aims at further harmonisation that risks, however, being heavily focused on the underlying goal of externalising protection to third countries. Case law of the Court of Justice of the European Union has further\u0000 refined procedural guarantees shaping national procedural autonomy. Drawing from the Charter rights to good administration and to an effective remedy, the Court has not shied away from adducing additional procedural requirements. It has also clarified how the principle of effective judicial\u0000 protection and the Charter right to an effective remedy relate to each other, finding that the latter reaffirms the principle of effective judicial protection and largely aligning their scope. The emerging procedural landscape is increasingly complex. The Court's nuanced assessments combined\u0000 with a plethora of exceptional arrangements at national level led to convoluted standards that are increasingly difficult to put in practice.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128985365","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: 2

The standard of fundamental rights protection in the field of asylum: The case of the right to an effective remedy between EU law and the Italian Constitution 庇护领域的基本权利保护标准:欧盟法与意大利宪法之间的有效补救权案例

Review of European Administrative Law Pub Date : 2019-12-31 DOI: 10.7590/187479819x15840066091295

Chiara Favilli

{"title":"The standard of fundamental rights protection in the field of asylum: The case of the right to an effective remedy between EU law and the Italian Constitution","authors":"Chiara Favilli","doi":"10.7590/187479819x15840066091295","DOIUrl":"https://doi.org/10.7590/187479819x15840066091295","url":null,"abstract":"Asylum is an example of multilevel protection of fundamental rights in the European legal space, where different standards apply at both national and European level. As far as EU law is concerned, the current standard of protection is mainly regulated by secondary legislation. However,\u0000 the search for compromisebased solutions when adopting EU legislative measures nurtures a decreasing trend in terms of the level of protection guaranteed to the rights of asylum seekers or refugees. The result at the national level, at least in some Member States, is the decrease of the standard\u0000 deriving from national constitutions in the name of European harmonization. The right to an effective remedy in the field of asylum is an example of this phenomenon, with poor obligations deriving from the relevant EU legislation and an approach of the CJEU that appears to be more restrictive\u0000 than that of the ECtHR. In order to contain this perverse trend, the EU institutions involved in the law-making process and the Court of Justice should take seriously their duty – now firmly grounded on EU primary law provisions, notably in the Charter – to avoid conflicts with\u0000 national standards and to ensure the coherence with the standard of protection guaranteed to the right to an effective remedy by the ECHR.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"267 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116540496","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

National Procedural Autonomy and General EU Law Limits 国家程序自治与一般欧盟法律限制

Review of European Administrative Law Pub Date : 2019-12-31 DOI: 10.7590/187479819x15840066091222

R. Widdershoven

{"title":"National Procedural Autonomy and General EU Law Limits","authors":"R. Widdershoven","doi":"10.7590/187479819x15840066091222","DOIUrl":"https://doi.org/10.7590/187479819x15840066091222","url":null,"abstract":"This article examines the recent approach of the European Court of Justice of the EU towards the applicability of procedural national law in cases falling within the scope of Union law. It argues that the Court increasingly assesses such rules within the framework of the principle of\u0000 effective judicial protection, as bindingly codified in Article 47 of the Charter of Fundamental Right of the EU since December 2009. This test is gradually replacing the rather deferential test on the Rewe principles of equivalence and effectiveness and implies a further limitation of procedural\u0000 autonomy of the Member States. The reason for the shift seems to be the necessity to coordinate the Court's case law on Article 47 CFR with the case law of the European Court of Human Rights on Article 6 ECHR, because this coordination requires the application of a similar standard by both\u0000 European Courts. As a result, the importance of, in particular, the Rewe principle of effectiveness, has already decreased to a considerable extent and might decrease further in future. Nevertheless, it is not to be expected that this standard will be abolished completely. First, because it\u0000 may provide an adequate standard for assessing procedural issues that are not related to effective judicial protection or Article 47 CFR. Secondly, because incidentally it may be used by the Court for modifying national procedural law with a view to the effective application of substantive\u0000 EU rules.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134361414","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: 1