Nordic journal of european law最新文献_第3页

Between interpretation and application: case-specific CJEU judgments in the preliminary ruling procedure 在解释与适用之间:高等法院初审程序中的个案判决

Nordic journal of european law Pub Date : 2023-10-31 DOI: 10.36969/njel.v6i3.25180

Jasper Krommendijk

{"title":"Between interpretation and application: case-specific CJEU judgments in the preliminary ruling procedure","authors":"Jasper Krommendijk","doi":"10.36969/njel.v6i3.25180","DOIUrl":"https://doi.org/10.36969/njel.v6i3.25180","url":null,"abstract":"The division of roles between the CJEU and national courts in the preliminary ruling procedure is clearly defined, at least on paper. The CJEU interprets EU law and the referring national court applies this interpretation to the case pending before it. In the literature, there are often complaints that this is different in practice and that the CJEU all too often steps into the domain of the national judge by not limiting itself to only interpreting EU law but also applying the interpretation to the national legal or factual context. Too much case specificity may put the referring court in a difficult position, especially in cassation appeals when the facts have already been established. Little is known as to whether the CJEU adheres to the clear ‘separation of functions’. This contribution analyses to what extent and why the CJEU abides by this division. It examines 55 judgments delivered during the period between 1 January 2020 and 22 March 2021 in response to questions from courts in five EU Member States (the Netherlands, Ireland, the Czech Republic, Sweden and Greece). This structured case law analysis aids the identification of factors that contribute to outcome-oriented judgments. The article also critically examines the approach of the CJEU from a normative perspective weighing the pros and cons.","PeriodicalId":489206,"journal":{"name":"Nordic journal of european law","volume":"115 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135872349","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

Solidarity and the Bond of Nationality in Union Citizenship Law 联盟国籍法中的团结与国籍纽带

Nordic journal of european law Pub Date : 2023-09-09 DOI: 10.36969/njel.v6i2.25412

Katarina Hyltén-Cavallius

引用次数: 0

The Constitutional Concept of Solidarity in Eu Law: Some Reflections on The Interrelationship Between Solidarity, Constituent Power, and Non-Domination 欧盟法中的团结宪制概念:关于团结、制宪权与非支配关系的思考

Nordic journal of european law Pub Date : 2023-09-09 DOI: 10.36969/njel.v6i2.25416

Ester Herlin-Karnell

引用次数: 0

EU Rulemaking in Response to Crisis: the Emergence of the Principle of Energy Solidarity and its Use 欧盟应对危机的规则制定:能源团结原则的出现及其应用

Nordic journal of european law Pub Date : 2023-09-09 DOI: 10.36969/njel.v6i2.25414

Carl-Fredrik Bergström

引用次数: 0

Building Social Solidarity Through Mutual Trust 通过相互信任构建社会团结

Nordic journal of european law Pub Date : 2023-09-09 DOI: 10.36969/njel.v6i2.25411

Maribel González Pascual

引用次数: 0

Solidarity and the Crisis of Values in the European Union 欧盟的团结与价值观危机

Nordic journal of european law Pub Date : 2023-09-09 DOI: 10.36969/njel.v6i2.25410

Xavier Groussot, Eleni Karaeorgiou

{"title":"Solidarity and the Crisis of Values in the European Union","authors":"Xavier Groussot, Eleni Karaeorgiou","doi":"10.36969/njel.v6i2.25410","DOIUrl":"https://doi.org/10.36969/njel.v6i2.25410","url":null,"abstract":"Looking at Article 2 TEU, this contribution considers that there is an external and an internal crisis of values: the former referring to challenges to EU values coming from individual Member States which prioritize their own agendas and the latter referring to the tension between a liberal and more solidarity-driven understanding of the EU’s foundations as it stems from the very wording of Article 2 TEU. In an attempt to unpack solidarity and offer a better understanding of its nature, scope and legal implications for the EU and its Member States, this contribution proceeds as follows: first, it studies solidarity within a specific methodological and theoretical framework based on a ‘structured network of EU principles’ established by the CJEU in the post-Lisbon era. Second, it operates under the assumption that a holistic understanding of EU solidarity requires us to go beyond the dominant form of solidarity based on the relationship between Member States (‘interstate solidarity’) and to explore the relationships between individuals (‘interpersonal solidarity’). Our key argument is that a larger institutional recognition of ‘interpersonal solidarity’ has the potential to put the social question more squarely on the table and, as such, to enable the EU to better address the polycrisis it is facing. A ‘Scellian approach’ to EU solidarity - which places the person at the heart of the theoretical framework and as the real subject of solidarity is useful to adopt as a source of inspiration in such an endeavour.","PeriodicalId":489206,"journal":{"name":"Nordic journal of european law","volume":"183 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136192761","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 Odd Couple: a Legal Reflection on the Interaction Between Loyalty and Solidarity in the EU Legal System 奇数对:欧盟法律体系中忠诚与团结互动的法律反思

Nordic journal of european law Pub Date : 2023-09-09 DOI: 10.36969/njel.v6i2.25413

Federico Casolari

引用次数: 0

Solidarity Through the Lens of Functional Constitutionalism 功能宪政视角下的团结

Nordic journal of european law Pub Date : 2023-09-09 DOI: 10.36969/njel.v6i2.25417

Eduardo Gill-Pedro

{"title":"Solidarity Through the Lens of Functional Constitutionalism","authors":"Eduardo Gill-Pedro","doi":"10.36969/njel.v6i2.25417","DOIUrl":"https://doi.org/10.36969/njel.v6i2.25417","url":null,"abstract":"This article investigates solidarity as a concept and/or a norm of EU law from the perspective of functional constitutionalism. It asks how solidarity fits within the normative framework of the EU legal order if we understand this framework as being founded on a functional constitution. Under functional constitutionalism, the EU is understood as a purposive polity and the authority of the legal order is justified, not by reference to popular sovereignty and individual rights, but from the functional requirements ordained by the purposes, or objectives, of that polity. From this perspective, the normative value of solidarity in EU law is contingent on effectiveness. Where the effective achievement of EU objectives requires Member States to act in solidarity to each other, or to exercise transnational solidarity towards citizens of other Member States, then EU law will impose a duty on them to do so. Conversely, if the exercise of national solidarity within the Member State undermines the effective achievement of EU objectives, then EU law will impose a duty on those Member States not to allow such exercise. The article concludes that, through the lens of functional constitutionalism, solidarity has a purely instrumental value within the EU normative order.","PeriodicalId":489206,"journal":{"name":"Nordic journal of european law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136192335","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

Solidarity in the EU: What Is In A Name? 欧盟的团结:一个名字意味着什么?

Nordic journal of european law Pub Date : 2023-09-09 DOI: 10.36969/njel.v6i2.25409

Esin Küçük

{"title":"Solidarity in the EU: What Is In A Name?","authors":"Esin Küçük","doi":"10.36969/njel.v6i2.25409","DOIUrl":"https://doi.org/10.36969/njel.v6i2.25409","url":null,"abstract":"The jurisprudence on EU solidarity is rapidly expanding. Notably, the Court of Justice of the EU has progressively recognized the principle of solidarity in its rulings, elevating it to constitutional status. However, as the legal scope of solidarity widens, its scope of application and meaning become increasingly complex. This article seeks to refine our understanding of solidarity as a constitutional principle of EU law. Focused on the Court’s case law, the article maps the evolution of solidarity as a constitutional principle and unpacks the ways in which solidarity has given rise to novel interpretations and extended its sphere of influence. The article concludes that while the meaning and arguably the scope of the principle have expanded, such evolution comes with its set of challenges. The intrinsic dependency of solidarity on specific relational and situational contexts raises a significant obstacle for its conceptualization as a fundamental principle underpinning the EU legal order, particularly if it has legal implications. Consequently, the article argues that elevating solidarity to a fundamental principle of EU law - one that permeates the entire legal structure of the EU and has legal consequences - would be premature until the practical manifestation of solidarity matures beyond the confines of inter-Member-State relations. The article suggests that solidarity might be more accurately conceptualized as a fundamental value rather than an all-encompassing constitutional principle of EU law.","PeriodicalId":489206,"journal":{"name":"Nordic journal of european law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136192700","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