Maastricht Journal of European and Comparative Law最新文献_第5页

Autonomous but interdependent: Constitutional traditions on judicial protection and the general principle of effective judicial protection 自主但相互依存：关于司法保护的宪法传统和有效司法保护的一般原则

Maastricht Journal of European and Comparative Law Pub Date : 2022-12-01 DOI: 10.1177/1023263X231158489

Giulia Gentile

{"title":"Autonomous but interdependent: Constitutional traditions on judicial protection and the general principle of effective judicial protection","authors":"Giulia Gentile","doi":"10.1177/1023263X231158489","DOIUrl":"https://doi.org/10.1177/1023263X231158489","url":null,"abstract":"The EU general principle of effective judicial protection is the epitome of the EU liberal-constitutionalism. The creative force of this principle has emerged, among others, in connection with the protection of the rule of law and the introduction of procedural guarantees both at the national and EU level. It is well established that effective judicial protection stems from the ECHR and the constitutional traditions common to the Member States. While existing scholarship has explored the influence of the ECHR over the development of this principle, less attention was paid to the impact of constitutional traditions from the Member States. Yet, exploring the role of constitutional traditions in shaping effective judicial protection, the primus inter pares among the general principles of EU law, goes at the heart of the conundrum of the EU: the latter is an autonomous legal system, which is inevitably shaped by the legal concepts and traditions existing in the Member States. This exploration is particularly timely. Some Member States affected by the rule-of-law backsliding have recently invoked constitutional traditions on judicial protection to delimit the application of EU standards of effective judicial protection, thus questioning the relationship between the EU principle and national conceptions of judicial protection.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"685 - 707"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45297146","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

Judgments on the selection of the seats of EU agencies: Challenges and what will change 对欧盟机构席位选择的判断:挑战和将会发生什么变化

Maastricht Journal of European and Comparative Law Pub Date : 2022-12-01 DOI: 10.1177/1023263X221148419

Tomáš Buchta

引用次数: 0

The ad hoc judge: A rehabilitation 特别法官:康复

Maastricht Journal of European and Comparative Law Pub Date : 2022-10-01 DOI: 10.1177/1023263X221135473

B. van der Sloot

引用次数: 0

Temporariness of refugee protection: For what and in whose interest Cessation of status as related to revocation of residence permits 临时难民保护:为了什么和为了谁的利益而终止与撤销居留许可有关的身份

Maastricht Journal of European and Comparative Law Pub Date : 2022-10-01 DOI: 10.1177/1023263X221138957

V. Stoyanova

{"title":"Temporariness of refugee protection: For what and in whose interest Cessation of status as related to revocation of residence permits","authors":"V. Stoyanova","doi":"10.1177/1023263X221138957","DOIUrl":"https://doi.org/10.1177/1023263X221138957","url":null,"abstract":"Temporariness of refugee protection has started to emerge as a new standard in the policies of European countries. Given this development, the article focuses on one specific issue related to this temporariness: how refugee status intertwines with the conditions for the granting, revocation and prolongation of national residence permits. What are the interconnections between refugee status, including its cessation and revocation, on the one hand, and national residence permits and their revocation and prolongation, on the other? How are these interconnections regulated by international law, EU law and national law (with Sweden as an example)? Inaddition to the detailed analysis of the relevant legal norms, the article situates the questions within a more general discussion about residence in the national community. In this way, it is shown how temporariness creates tensions at national level where the refugee qua resident in the national community, benefits from safeguards in favour of individual certainty. This explains why residence permits, as opposed to refugee status, have central organizing role at national level.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"527 - 549"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41712530","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

Criminal procedures, preliminary references and judicial independence: A balancing act? Case C-564/19 IS 刑事诉讼、初步参考和司法独立：一种平衡行为？案例C-564/19 IS

Maastricht Journal of European and Comparative Law Pub Date : 2022-10-01 DOI: 10.1177/1023263X221130468

Á. Mohay, István M. Szijártó

引用次数: 0

In search of the Holy Grail? The EU Commission's new approach to Article 22 of the EU Merger Regulation 寻找圣杯？欧盟委员会对《欧盟合并条例》第22条的新做法

Maastricht Journal of European and Comparative Law Pub Date : 2022-10-01 DOI: 10.1177/1023263X221139605

A. Looijestijn-Clearie, C. Rusu, Marc J.M. Veenbrink

{"title":"In search of the Holy Grail? The EU Commission's new approach to Article 22 of the EU Merger Regulation","authors":"A. Looijestijn-Clearie, C. Rusu, Marc J.M. Veenbrink","doi":"10.1177/1023263X221139605","DOIUrl":"https://doi.org/10.1177/1023263X221139605","url":null,"abstract":"Recently in certain sectors of the economy, in particular in the digital, pharmaceutical and biotech sectors, an increase in the number of concentrations has been detected involving emerging and innovative undertakings with competitive potential but which generate little or no turnover at the time of the transaction. Many such transactions do not fall under the EU merger control system or the domestic merger control systems of the Member States but may, nevertheless, have a detrimental impact on competition in the internal market. The European Commission reacted to this situation by adopting, on 26 March 2021, Guidance on the application of Article 22 (Article 22 Guidance). In this Article 22 Guidance, the Commission announced that it will abandon its previous practice of not accepting Article 22 referral requests from National Competition Authorities (NCAs) which are not competent to review the concentration at stake under their domestic rules. Instead, the Commission will now encourage and accept Article 22 referral requests, particularly from NCAs which do not have jurisdiction over the transaction at stake under their national merger regimes. The Article 22 Guidance gives rise to a number of questions and problems which we discuss in this article.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"550 - 571"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46335716","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

Central bank independence: It is protected, but is it clearly delineated? 央行独立性:它受到保护，但它是否被明确界定?

Maastricht Journal of European and Comparative Law Pub Date : 2022-10-01 DOI: 10.1177/1023263x221134906

P. Nicolaides

{"title":"Central bank independence: It is protected, but is it clearly delineated?","authors":"P. Nicolaides","doi":"10.1177/1023263x221134906","DOIUrl":"https://doi.org/10.1177/1023263x221134906","url":null,"abstract":"On 13 September 2022, the Court of Justice, in its Grand Chamber formation, ruled in Banka Slovenije that Slovenian legislation that required the Central Bank of Slovenia to compensate certain holders of financial instruments was incompatible with EU law and in particular Article 123 TFEU. Although the judgment was about preventing a central bank from monetizing government debt, it indirectly strengthened the defences of central banks’ independence from political interference. Commentary and analysis on the extent of independence and the nature of accountability of the European Central Bank have filled hundreds, perhaps thousands, of pages of scholarly journals and books. Article 130 TFEU stipulates that ‘neither the European Central Bank, nor a national central bank, nor any member of their decision-making bodies shall seek or take instructions’, while Article 282(3) provides that the ECB ‘shall be independent in the exercise of its powers and in the management of its finances’. These are powerful statements that have raised important questions about the purpose and scope of the ECB’s independence in democratic political systems such as those of the EU and its Member States. Such questions have spawned a voluminous literature. The Court of Justice has also given us some rather surprising answers.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"523 - 526"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43689780","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

FN v. Universiteit Antwerpen: The cold shoulder on the principles of effet utile and pro rata temporis FN诉安特卫普大学：对有效性和时间比例原则的冷遇

Maastricht Journal of European and Comparative Law Pub Date : 2022-10-01 DOI: 10.1177/1023263X221130465

A. Aranguiz

引用次数: 0

The best interests of the child in the case law of the Court of Justice of the European Union 欧洲联盟法院判例法中儿童的最大利益

Maastricht Journal of European and Comparative Law Pub Date : 2022-10-01 DOI: 10.1177/1023263X221144829

L. Lonardo

{"title":"The best interests of the child in the case law of the Court of Justice of the European Union","authors":"L. Lonardo","doi":"10.1177/1023263X221144829","DOIUrl":"https://doi.org/10.1177/1023263X221144829","url":null,"abstract":"The principle that ‘in all actions relating to children (…) the child's best interests must be a primary consideration’ (Article 24(2) EU Charter of Fundamental Rights) is widely applied by the Court of Justice of the European Union (CJEU). This article considers preliminary rulings in which the CJEU had recourse to the best interests of the child as the criterion for settling the dispute in the main proceeding. For analytical purposes, these cases may be grouped in two clusters: cases resembling child custody disputes, and other cases. It is argued that, in the light of the varied factual circumstances of the judicial disputes, the application of the criterion of best interests of the child as primary consideration warrants further scrutiny. To this end, this article identifies and assesses a practical and a conceptual challenge to the widespread application of the criterion. The former posits that the criterion is indeterminate, and this article considers whether drawing from Article 3 of the Convention on the Right of the Child may help in solving the uncertainty; the latter maintains that the test is unjust and self-defying, a critique that this article finds only partially founded, for cases resembling child custody disputes.","PeriodicalId":39672,"journal":{"name":"Maastricht Journal of European and Comparative Law","volume":"29 1","pages":"596 - 614"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48011263","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

Dutch positive action measures in higher education in the light of EU law 根据欧盟法律，荷兰在高等教育方面采取了积极的行动措施

Maastricht Journal of European and Comparative Law Pub Date : 2022-08-01 DOI: 10.1177/1023263X221126581

T. Nowak

引用次数: 0