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Shira Becker-Alon - The Communitarian Dimension of the European Union's Common Foreign and Security Policy

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Shira Becker-Alon

The Communitarian Dimension of the European Union's Common Foreign and Security Policy

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 83 2011

Results in this title

Provisions in Community law, authorizing Member States’ unilateral actions regarding export control of dual-use goods S. 231-233

„… CFSP, it can be argued that Article 301 of the TEC is applicable.10183. Provisions in Community law …” „… the interests of the Member States and of the Community require that the export of certain chemical …” „… , authorizing Member States’ unilateral actions regarding export control of dual-use goods a. Article 11 of …”

Shared external competences S. 41-46

„… ")). When it comes to obligations binding the Member States outside the framework of Community law, the ECJ …” „… countries to nationals of Member States of the Community”.85 Moreover, as far as the power to conclude the …” „… trend in the Court’s case law towards shared Community and Member States’ competences. It is confirmed …”

Scope of ECJ jurisdiction under the TEU S. 96-103

„… States within the framework of the CFSP falls outside the scope of Community law, and outside the …” „… , Haegeman v. Belgian State, [1974] ECR 449, paragraph 5. 366 ECJ case law on external competences of the EC …” „… direct effect on the Member States’ national legislation as some of the Community legal instruments have …”

The double function of the Council and its legal implications S. 211-213

„… requirement of consistency, which commits the Member States and the Community institutions. What is more, the …” „… requirement of consistency can be even regarded as binding under Community law.920 Indeed, the adherence to a …” „… States/EC Council to take measures to implement the CFSP Decision can be derived from the wording of Article …”

Involvement of the EC in the ESDP S. 156-167

„… Community measures”.687 Similarly, in its decision regarding the Union’s European Rule of Law Mission to …” „… http://ec.europa.eu/). 167 2. Community law aspects of armament and defence cooperation a. The Community legal …” „… The Committee is composed of representatives of Member States and the Commission, which should provide …”

The Community’s express external competences S. 28-33

„… States, it was the ECJ that developed the principles to determine the scope and nature of Community …” „… competences. This case law is partially reviewed later in this chapter. IV. The existence of Community …” „… between the Commission and the Member States over the scope of the Community’s treaty-making competence …”

EPC legal nature S. 56-60

„… a form of cooperation in the sense of international law, not being granted any Community law …” „… implied powers. 57of Article 30 of the SEA, and in general, Community law principles were not applicable …” „… meetings of the leaders of the Community (EEC) with regular convening of the Heads of State and Government …”

Economic sanctions in international law S. 204-206

„… obligations of the Member States under UN law, the Court of First Instance (CFI) found that the Community at …” „… . Economic sanctions in international law Most of the sanctions imposed by the EU Member States are sanctions …” „… event that the EU Member States are victim of violation of public international law or of an obligation …”

The Community’s implied external competences S. 33-37

„… administrative law of such countries as the United States and England, and was recognized as a principle of …” „… Community or the Member States. The Agreement dealt with the issue of setting up standards for driving time …” „… of the Community extend to relationships arising from international law, and hence involve the need …”

Exclusive external competences S. 37-41

„… unity of the Common Market and the uniform application of Community law.69Furthermore, as reviewed in …” „… Court had found that such an area must be subject to the rule of Community law, since fishermen of the …” „… certain TEC provisions exclude any concurrent competences of the Member States from that of the Community …”

The legal implications of Article 301 of the TEC for the Commission S. 213-216

„… Community law, the Commission represents the interests of a coherent CFSP. 939 Compare Cremer (In: Calliess …” „… Community and Member States’ practice of sanctions imposed pursuant to UN resolutions was mainly concerned …” „… -1111). Other cases concerned the compliance of Community sanctions’ practice with international law (C …”

The Treaty of Lisbon S. 46-47

„… , the principles underlying the Community/Union law obligations of the Member States and of the …” „… within Community competence.111 Considering that the compliance of the Member States and of the Community …” „… , represent an attempt at codification of the ECJ case law as regards the existence and nature of Community …”

The principle of subsidiarity S. 27-28

„… – was a response to the wide and expanding scope of Community law-making competence and the increasing …” „… of Community competences. This case law is partially reviewed later in this chapter. IV. The …” „… 27Considering that the Community does not possess the sovereign powers enjoyed by a state, it is …”

The principle of conferred powers S. 26-27

„… personality allows the Community to operate under the Member States’ laws and, like in the case of the …” „… – was a response to the wide and expanding scope of Community law-making competence and the increasing …” „… proceeding to its consequences for the Community’s external relations as a matter of Community law, it can be …”

Economic sanctions in the EU legal framework S. 206-208

„… 206 obligations of the Member States under UN law, the Court of First Instance (CFI) found that the …” „… as its Member States, by virtue of the Treaty establishing it”.896 The European Court of Justice (ECJ …” „… give effect to a UN Resolution under Chapter VII of the UN-Charter is contrary to the Community legal …”

Scope of the European Courts’ jurisdiction under the Treaties establishing the European Communities S. 95-96

„… recognized by the ECJ as an “integral part of Community law”.365 As the Community’s action at international …” „… jurisdiction – with the task of ensuring that in the interpretation and application of the TEC, the law is …” „… corresponds to Community law, and the obligations derived from it.363 The ECJ can be referred to not only in …”

Evaluation of the integrated system S. 236-239

„… process in the hands of the Member States. As a result, not only was the Community left with no say as to …” „… Community law.1050 In practice, the case law on export control of dualuse goods demonstrates the reluctance …” „… , the Council CFSP Decision not only expressed the political will of the Member States, but also …”

Legal nature and justiciability of the requirement of consistency S. 88-89

„… provisions in general are not a part of Community law and are commonly held as legally binding only under …” „… Community law.323 Further, the CFSP requirement of consistency can also be seen as binding under Community …” „… , however, any withdrawal of powers from the Community and their transfer to the CFSP. Nor does it provide …”

The content of the requirement of consistency S. 87-88

„… provisions in general are not a part of Community law and are commonly held as legally binding only under …” „… Community law.323 Further, the CFSP requirement of consistency can also be seen as binding under Community …” „… ” refers to the coordination of policies between the EU and the Member States. In the context of CFSP …”

Introduction S. 19-24

„… States’ national law (Article 249 TEC) and are subject to the jurisdiction of the ECJ. 24and, at the …” „… primary form as the European Economic Community (EEC) – which, with the extension of its role in the …” „… Treaty of Maastricht later became the European Community (EC)1 – has managed to establish itself as a …”

The inter-pillar procedure S. 208-211

„… State could prevent the imposition of financial sanctions by the Community, obliging it in that way to …” „… Member States and the Community institutions. What is more, the requirement of consistency can be even …” „… Member States/EC Council stemming from the requirement of consistency to adjust the Community decisions …”

Bibliography S. 299-312

„… Internal Market Unlimited: Some Observations on the Legal Basis of Community Legislation. Common Market Law …” „… European Community. Fordham International Law Journal, 22, pp. 149–173. Brownlie I (2003). Principles of …” „… ). European Political Cooperation, In: Hurwitz L, Lequesne C (eds). The State of the European Community. Lynne …”

The addressees of the requirement of consistency S. 89-90

„… an unwritten norm of Community law.334 A different view is suggested by Cremer, according to whom …” „… Community law end. Thus, a breach of the requirement of consistency violates only Article 3 of the TEU and …” „… represents no breach of Community law.3355. Responsibility for ensuring consistency The responsibility of …”

Instruments S. 55-56

„… sense of international law, not being granted any Community law elements and characteristics.The …” „… an ultimate target the transformation of the relations among the Member States of the European …” „… among the Signatory States in the sphere of foreign policy and to invest this union with the necessary …”

The role of different institutions and bodies within the EPC framework S. 60-66

„… Community (EEC) with regular convening of the Heads of State and Government, accompanied by the Ministers of …” „… of the obvious will of the Member States to maintain a strict separation between EPC and Community …” „… 60Community or the EPC framework.185 However, in terms of the Commission’s action under Title III …”

Community law aspects of armament and defence cooperation S. 167-174

„… 167 2. Community law aspects of armament and defence cooperation a. The Community legal framework …” „… allowing the derogation from Community law (Articles 30, 39, 46, 296 and 297) are of a limited character …” „… dispute over the interpretation of this exemption. While the Member States argued for a broad …”

The Treaty of Lisbon: the integration of the pillar structure? S. 246-251

„… that the Member States shall adopt all measures of national law necessary to implement legally binding …” „… ) Community players in the CFSP after the adoption of the Lisbon Treaty. II. The Treaty of Lisbon: the …” „… it by the Member States on a Community basis was omitted,1079 as was the reference to the supremacy …”

Is there a Community obligation to finance the CFSP actions? S. 134-136

„… law on the Community law, and despite Article 47 of the TEU,570 the fact that there was a need to …” „… direct obligation on the Community to finance the CFSP is Article 28, according to the wording of which …” „… part of the provisions amending the Treaty establishing the European Economic Community (EEC),563 …”

The legal personality of the EC S. 25-26

„… relations as a matter of Community law, it can be assumed that the Court must have viewed this article as …” „… States’ laws and, like in the case of the international legal personality, as long as it is within the …” „… 25Chapter I: The external relations of the European Community (EC) I. Introduction When discussing …”

Article 301 of the TEC as a possible legal basis for export controls of dual-use goods S. 230-231

„… several occasions Community law provides Member States with the possibility to deviate from the …” „… be argued that Article 301 of the TEC is applicable.10183. Provisions in Community law, authorizing …” „… the scope of the CCP, they are subject to the exclusive competence of the Community.1011This broad …”

Justiciability of the imposition of sanctions by the EU and the procedure under Article 301 of the TEC S. 216-218

„… Article 301 TEC, the ECJ judicial review of Community and Member States’ practice of sanctions imposed …” „… underpinning the Community Regulations.951 The conduct of the Member States, that is, whether they properly …” „… well as compliance of the Community measures with the principles of public international law, to which …”

The obligation to preserve the acquis communautaire. S. 92-93

„… direct review criteria for legal acts.3523. The question of hierarchy between Community law norms and the …” „… a body of common rights and obligations which bind all the Member States together within the EU and …” „… intergovernmentalization of the Community’s external competences and their subordination to the CFSP.345As discussed later …”

Article 133 of the TEC as a legal basis for export control of dual-use goods: the European Court of Justice (ECJ)’s approach S. 228-230

„… specifically authorized by the Community.1012 Indeed, on several occasions Community law provides Member States …” „… taken into consideration, namely Article 133 of the TEC on the Community’s CCP, the provisions of which …” „… regulate a large part of the trade and economic relations of the Community, along with Article 301 of the …”

Summary and conclusions S. 283-298

„… European Economic Community (EEC) Member States marked the beginning of the dualism of the European …” „… conducted by the Community soon led to the full association of the Commission in the EPC and the …” „… most of the time mean increasing the ability of the Member States to have an impact internationally …”

Joint Actions’ agenda and Community competences and policies S. 190-193

„… (Article 46 TEU), it does not mean that in case of a breach of Community law by Joint Actions, they will be …” „… towards implementing projects in the framework of the Economic Community of West African States (ECOWAS …” „… , 4 December 2004). 836 ECOWAS stands for the “Economic Community of West African States”. 837 C …”

Export controls of dual-use goods in the European Political Cooperation (EPC)–EEC framework S. 233-234

„… State may take unilateral measures “in the event of serious internal disturbances affecting the …” „… maintenance of law and order, in the event of war, serious international tension constituting a threat of war …” „… , that is, the existence of “serious internal disturbance affecting the maintenance of law and order”, is …”

List of abbreviations S. 16-18

„… Committee for Civilian Aspects of Crisis Management CMLR Common Market Law Report CML Rev Common Market Law …” „… Directorate-General EC European Community ECJ European Court of Justice ECOWAS Economic Community of West African …” „… States ECR European Court Reports ECSC European Coal and Steel Community EDA European Defence Agency EDEM …”

Titelei/Inhaltsverzeichnis S. 2-15

„… aspects versus Community law order 56b. Level of commitment 57c. The requirement of consistency 57d …” „… hierarchy between Community law norms and the intergovernmental pillars 934. Article 47 of the TEU: keeping …” „… the civilian aspect of the ESDP 1642. Community law aspects of armament and defence cooperation 167a …”

Legal basis for CFSP financing S. 132-134

„… – together with the Member States’ acceptance of the EP budgetary influence – made it possible for a new …” „… relating to Community expenditure set out in the TEC shall apply to both types of CFSP expenditure.555This …” „… TEU). On the part of the Community legal framework, Article 268, paragraph 2 of the TEC, like Ex …”

The question of the EU’s legal personality S. 84-85

„… should be addressed. Not qualifying as a State, the natural subject of international law, the ability of …” „… the treaty establishing it. This was perceived to be a deliberate choice of the Member States that …” „… different from what a Member State may achieve individually, is what paved the way for the granting of two …”

Responsibility for ensuring consistency S. 90-91

„… requirement of consistency should be understood as an unwritten norm of Community law.334 A different view is …” „… of consistency, which is an EU law requirement that commits the Community institutions, if, and only …” „… case, the requirement of consistency does not modify Community law. Rather, it comes into play at the …”

The 1980 sanction against Iran and the question of using EEC instruments as legal basis for European political cooperation S. 68-70

„… 68The first imposition of sanctions by the Member States since the establishment of the Community …” „… Member States were faced with the dilemma of how to react to these Resolutions affecting the CCP.234 The …” „… Member States chose to carry out their obligations individually, using national measures, on the basis of …”

The 1982 sanctions against the Union of Soviet Socialist Republics (USSR): action within the Community after disagreement within the EPC. S. 70-71

„… within the Community after disagreement within the EPC. In reaction to the imposition of martial law in …” „… unwillingness of the Member States to act through Community instruments in this case.246 Instead, the Member …” „… 70Whether in light of a gradual recognition that action through Community instruments, with its …”

The assistance to the countries of Central and Eastern Europe after the collapse of Communism: the shift to financial and economic diplomacy. S. 72-73

„… of the Community. Following the military takeover in Haiti, in December 1991 the Member States …” „… Governments of the Member States, meeting within the Council, not accepting thereby the Commission’s …” „… economic agreements between the Community and the countries of Central and Eastern Europe as well as the …”

The threat to terminate the Lomé-Convention with Haiti: pressure on the Commission in European political cooperation to act against the interests of the Community. S. 73-74

„… context of EPC. Generally speaking, in the late 1980s Member States and the Community were no longer …” „… 73The somewhat slow reaction of the EPC to the events placed the Community, and particularly the …” „… economy as a condition of Community assistance.252 Moreover, as emphasized by the European Council after …”

The 1960s sanctions against Rhodesia – the origin of the “Rhodesia doctrine” S. 66-68

„… . 77–78. 68The first imposition of sanctions by the Member States since the establishment of the Community …” „… the EPC and the Community (EEC) The establishment and development of the EPC alongside the existing …” „… EEC framework – encompassing in itself external aspects of Community policies and actions – marks the …”

Treaty-making competence of the EU S. 198-200

„… case of a breach of Community law by a Common Position or in case of an encroachment on Community …” „… Article 300(1) of the TEC states that the Community itself becomes a party to the agreements concluded in …” „… , whereas Article 300(7) of the TEC refers to the institutions of the Community and to the Member States …”

Scope of CFSP S. 79-81

„… 79The Treaty of Amsterdam preserved the pillar structure of the EU, signalling the Member States …” „… ’ insistence on keeping the division between the external competences of the Community and the CFSP. Still …” „… “common rules applicable to international transport to or from the territory of a Member State or passing …”

The question of hierarchy between Community law norms and the intergovernmental pillars S. 93-94

„… direct review criteria for legal acts.3523. The question of hierarchy between Community law norms and the …” „… CFSP cannot cover Community exclusive competences and, in a case of parallel competences, the Council …” „… can act under the CFSP only if the Community has not made use of its competences.348 Additionally, if …”

Binding effect of Union agreements on the Community S. 200-201

„… , whereas Article 300(7) of the TEC refers to the institutions of the Community and to the Member States …” „… on the Community Similarly to Article 300(7) of the TEC, Article 24(6) of the TEU includes …” „… an agreement has on the Member States can already be inferred from Article 24(5) of the TEU. Moreover …”

Binding effect of Common Positions on the Community and its institutions S. 197-198

„… case of a breach of Community law by a Common Position or in case of an encroachment on Community …” „… within this policy framework. 2. Binding effect of Common Positions on the Community and its institutions …” „… Articles 301 and 60 of the TEC, where a following appropriate Community action is required.865 As opposed …”

Article 60 of the TEC S. 218-219

„… the CFSP.959Further, judging from its case law on export control of dual-use goods, the Court is …” „… Member States have retained their competences.960IV. Relations between Article 301 of the TEC and other …” „… Community measures on the movement of capital and on payment. Unlike the wording of Article 301, according …”

The binding effect of Joint Actions on the Community and its institutions S. 189-190

„… existence of a direct relevance to Community activities and competences, which cannot be ignored. It is to …” „… influential in terms of the CFSP. 2. The binding effect of Joint Actions on the Community and its …” „… institutions According to Article 14(3) of the TEU, Joint Actions commit the Member States in terms of the …”

EU agreements: a new field of dualism in the EU’s external relations S. 201-203

„… Community in this field, supplementing a new aspect of dualism to European external relations. First, it …” „… conjunction with Article 24 of the TEU, in which the Community and the Union or the Community, the Union and …” „… that the Council and the Member States would also make attempts to apply the procedure of Article 24(2 …”

Financing European operations having military or defence implications (OMDIs) under the ESDP S. 174-178

„… the Community budget,756 but rather to the Member States, in accordance with the gross national …” „… defence components may be charged to the Community budget – as in the case of the operation of the EU …” „… is funded by the Member States on the basis of the GNP scale.766ATHENA shall be managed by an …”

Jusiciability of Common Positions S. 198

„… case of a breach of Community law by a Common Position or in case of an encroachment on Community …” „… effect on the Community under the conditions of the mode d’emploi.3. Jusiciability of Common Positions …” „… the Community and its institutions, otherwise Article 47 of the TEU could be invoked before the ECJ.IV …”

Article 47 of the TEU: keeping the Treaties establishing the European Communities intact S. 94-95

„… Community powers relating to a specific form of foreign policy, such as commercial policy and development …” „… the expense of the Community as a consequence of the costly definition of CFSP instruments (Missiroli …” „… ensuring that in the interpretation and application of the TEC, the law is observed (Article 220 TEC).362 …”

“Acquis communautaire”: definition S. 91-92

„… . 342 Yet, the term acquis communautaire has been a part of the vocabulary of Community integration …” „… be a body of common rights and obligations which bind all the Member States together within the EU …” „… intergovernmentalization of the Community’s external competences and their subordination to the CFSP.345As discussed later …”

Enhanced cooperation S. 83-84

„… State, the natural subject of international law, the ability of the EU to act and operate at the …” „… Member State’s contribution to the “Community means”, if the operational expenditure for the …” „… implementation of the decision is to be financed out of the budget of the European Communities. This Member State …”

The cross-pillar scope of the Common Strategies S. 180-182

„… issues of democracy, rule of law, stability and security, the CS-Russia also set out as objectives the …” „… represents the European interests; the activities of the Community encompass a wide range of policies …” „… Community”.797 It was thereby secured that Community instruments will be deployed within the framework of …”

Justiciability of Joint Actions S. 190

„… (Article 46 TEU), it does not mean that in case of a breach of Community law by Joint Actions, they will be …” „… 190 3. Justiciability of Joint Actions The interaction with the Community competences and measures …” „… Joint Action represents an encroachment on the competences of the Community. 4. Joint Actions’ agenda …”

Introduction S. 25

„… 25Chapter I: The external relations of the European Community (EC) I. Introduction When discussing …” „… the external aspect of the European Community’s (EC) activities, the reference is often to “external …” „… of the Community competences granted by the Treaty establishing a European Community (TEC) to act …”

The 1997 IIA between the Parliament, the Council and the Commission on the financing of the CFSP S. 136-139

„… Union law on the Community law, and despite Article 47 of the TEU,570 the fact that there was a need to …” „… , Article 268 of the TEC does not further commit the Community to being responsible for the financing of the …” „… the interinstitutional 568 According to Article 34 of the Vienna Convention on the Law of Treaties …”

The Commission S. 118-124

„… Community under the TEC The powers delegated to the Commission by Article 211 of the TEC verify the …” „… the Commission’s ability to independently develop the external aspect of Community policies, due to …” „… after its failure to lead the Member States to incorporate the function of the SG/HR into the Commission …”

The Court of Justice of the European Union and the justiciability of the CFSP S. 265-268

„… law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States …” „… into national law according to the legal procedure in each one of the Member States.1154 The exclusion …” „… excluding the CFSP from the scope of the Court’s jurisdiction,1141 the Member States clearly expressed their …”

Common Strategies as a cross-pillar instrument S. 179-180

„… European Community (EC) policies and instruments. As a result, the cross-pillar character of Common …” „… policies, may at the same time lead to encroachment on the autonomy of the Community and the Commission …” „… the Treaty of Amsterdam, originated from the will to respond both to the Member States’ national …”

Adoption of restrictive measures by the EU against third countries S. 276-279

„… implementing measures by the Community in the legal form of 1176 See Annex III, point 6 of the Framework …” „… the Member States, which serves as an additional indication of the fact that the CFSP has not become …” „… the TFEU are the outcome of a certain state of affairs at the international level, whereby action is …”

The conclusion of Interinstitutional Agreements (IIAs) in the TFEU and their influence on the role of the EP within the CFSP. S. 275-276

„… as they were not listed among the Community Acts in Article 249 of the TEC. At the same time, Article …” „… 295 of the TFEU does not conclusively determine the legal quality of such agreements. It merely states …” „… sanctions within the CFSP were followed by implementing measures by the Community in the legal form of 1176 …”

The European Commission S. 260-263

„… initiative from a Member State). As far as the purpose of implementing such decisions is concerned, the …” „… of a task to a group of Member States, the HRFASP will be involved in the agreement among those …” „… Member States on the management of the task (Article 44(1), amended TEU). Further involvement of the …”

Export authorizations: division of competences under the Community system S. 240-241

„… authorizations: division of competences under the Community system According to Article 3(1) of Regulation …” „… the following countries: United States of America, Canada, Japan, Australia, New Zealand, Switzerland …” „… amending and updating Regulation (EC) No. 1334/2000 setting up a Community regime for the control of …”

Evaluation of the Community regime of export controls of dual-use items and technology S. 241-243

„… Regulation provides that each Member State is to inform the Commission of the laws, regulations and …” „… authorities of the Member State in which the exporter is established (Article 6(2)). Member States may require …” „… Regulation 1334/2000 in several cases: Article 5 allows the Member States to publish national lists of …”

Article 297 of the TEC S. 222-223

„… 297 of the TEC allows Member States under certain international circumstances to deviate from the CCP …” „… the imposition of sanctions mainly to the responsibility of the Community – did not render the …” „… provisions of Article 297 redundant. Unilateral measures and embargoes of the Member States under Article 297 …”

Article 296 of the TEC S. 221-222

„… control system on the import and export of such diamonds into or out of the Community.974 A further …” „… also be subject to Community competence under the broad scope of Article 301, arms embargoes have so …” „… , Article 297 of the TEC allows Member States under certain international circumstances to deviate from the …”

doi.org/10.5771/9783845231198

Prinz Nikolaus von und zu Liechtenstein, Mario Monti, Bo Vesterdorf, Jay Westbrook, Luzius Wildhaber - Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

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Prinz Nikolaus von und zu Liechtenstein (ed.), Mario Monti (ed.), Bo Vesterdorf (ed.), Jay Westbrook (ed.), Luzius Wildhaber (ed.)

Economic Law and Justice in Times of Globalisation | Wirtschaftsrecht und Justiz in Zeiten der Globalisierung

2007

Results in this title

Hans Petter Graver The Harmonisation of National Administrative Law S. 377-392

„… legitimate expectations, proportionality, and State liability for breaches of Community law and …” „… Member States.3 There is a comprehensive body of EU administrative law applicable to the EU institution’s …” „… administrative acts. The administrations of the Member States are also subject to judicial review under Community …”

Paolo Mengozzi The European Union balance of powers and the case law related to EC external relations S. 207-224

„… pointed out that «it is also necessary to take into account not only the current state of Community law …” „… respect of EC Treaty in the application of Community law continues to present some delicate and …” „… specified that «whenever Community law has created for the Institutions of the Community powers within its …”

Marco Bronckers he Relationship of the EC Courts with other International Tribunals Non-committal, Respectful or Submissive? S. 51-74

„… : disputes between EC Member States on issues of Community law, as they fall within the exclusive …” „… Community law. See, e.g., Case T- 115/94 Opel Austria, [1998] ECR II-39. See Mengozzi, The Jurisprudence of …” „… in that it replicated an essential part of Community law governing economic and trading relations …”

Allan Rosas Judicial Protection in EU State Aid Law S. 579-592

„… Community law. The system of judicial protection in State aid cases is no exception. This system is …” „… the part of a Member State to fulfil an obligation under Community law before the ECJ. Such an action …” „… national State aid authorities to co-ordinate the application and implementation of Community State aid law …”

Ulf Bernitz The Application of EEA Law in Sweden S. 27-36

„… I-7687. Gharehveran was awarded damages to be paid by the State. 32 Ulf Bernitz of Community law …” „… recognized the precedence of Community law in relation to Swedish law. See also the preliminary ruling by …” „… homogeneous to Community law, the principle of homogeneity.15 In conclusion, the EFTA Court found that the …”

Bo Vesterdorf The EC Competition Law Policy on Fines Main Issues and Ways Ahead S. 671-690

„… , then, Community law in its present state does not confer on the Commission (or on the Court of First …” „… criminal laws of the Member States, if that were necessary to attain one of the objectives of the Community …” „… being the driver of Community law developments. They have, in my view, a wider power of appreciation …”

Stefán Már Stefánsson Legitimate Expectations in EC/EEA Law S. 627-642

„… development of Community law.55 55 EFTA Court Case E-4/01 Karl K. Karlsson hf. v the Icelandic State …” „… will be discussed later. These two principles belong to the unwritten legal principles of Community law …” „… law such expectations may either arise out of Community legislation or out of conduct of the Community …”

Thomas Cottier The Judge in International Economic Relations S. 99-122

„… , however, began to emerge in 1957 for Member States of the EEC with European Community law and the …” „… international community and states remain weak, if not non-existent. Even today, judicial review of …” „… to the advent of European Community law. A dialectical relationship to domestic constitutional law …”

Eleanor M. Fox Antitrust in Times of Globalization S. 319-330

„… . The first wave of globalization had begun. The United States, the European Community, Canada and …” „… violation of norms and perhaps law; if by the state, a violation of the GATT; if by private firms, a …” „… aspired to become members of the European Community (and they did), they had to adopt competition law and …”

Dr. Miguel Poiares The Judicial and Constitutional Challenges of Legal Globalisation S. 175-190

„… the paradigms of the law, including the State’s legal monopoly, the autonomy of national political …” „… Anne-Marie Slaughter, A Global Community of Courts, (2003) 44 Harvard International Law Review 191. 4 See …” „… between the States). The existence of a global political community would make it possible to have …”

Thorgeir Örlygsson Twelve Years of Experience S. 225-242

„… state liability was based on principles of European Community law, such as direct effect and primacy of …” „… Coal and Steel Community, the European Community (EC), its Member States, and the Member States of the …” „… principles of direct effect and primacy form an important element in the application of Community Law by …”

Jacques H. J. Bourgeois Ne bis in idem and Enforcement of EEA Competition Rules S. 313-318

„… the application of Community law and the law of one or more Member States on competition, that is to …” „… principle of EC law, also in competition matters.2 This exploration starts with a brief state of play with …” „… international law that prevents authorities or courts of different states from trying and convicting a person on …”

Vassilios Skouris The Recovery of Unlawful State Aid from Successor Companies. Reflections on the Recent Case Law of the European Court of Justice S. 615-626

„… the Recent Case Law of the European Court of Justice Vassilios Skouris The Recovery of Unlawful State …” „… case-law into a unified perspective and demonstrate its coherence. II. The fundamental principles of State …” „… aid recovery The recovery of unlawful State aid is an established principle of EC State aid law since …”

Dirk Buschle The Free Movement of Capital in the EEA – A Lehrstück in Homogeneity S. 75-98

„… Article 40 EEA has indeed been made part of national law in all three EFTA States.47 43 Case E-1/00 …” „… the home State contrary to an alleged principle of international tax law according to which the …” „… European law and politics as well as to generations of students on account of an unmatched hospitality of …”

Dr. Clifford A. Jones Private Antitrust in the Global Market. An Essay on «Swimming without getting wet» S. 443-454

„… State (so-called parens patriae actions) or a Community-wide entity, some form of aggregation must be …” „… competition laws, and more of them follow the civil law EU model rather than the USA’s common law Sherman Act …” „… ‹competition law› (to use the term prevalent in the rest of the world) has for some years now increasingly left …”

Sven Norberg Making a Virtue out of Necessity and at the Same Time Strengthening European Competition Law Enforcement. How the White Paper on the Modernisation Reform came about S. 523-542

„… States for a later decentralisation action. »National Application of Community Competition Law» was also …” „… Article 81(3). In the 1962 Community of six Member States two had no national competition rules at all …” „… ensure in a Community of 15 Member States that competition is effectively safeguarded.40 The Commission …”

Philip Lowe Director Competition Policy as an Instrument of Global Governance S. 489-502

„… Community and its Member States, of the one part, and the Republic of Chile, of the other part, OJ L 352 …” „… European Community and its Member States, of the one part, and the Republic of South Africa, of the other …” „… supervising the respect of Community law, as policy designer that focuses the interests of different …”

George A. Bermann The Emergence of Transatlantic Regulation S. 275-282

„… by principles of equivalence under Community law, the authorities of the exporting jurisdiction …” „… & CONTEMP. PROBS. 263 (2005). 2 Agreement between the European Community and the United States of America on …” „… as yet to state with confidence what are the exact dimensions and significance of those developments …”

Christa Tobler Going Global in Sex Equality Law The Case of Gender Representation Rules for Company Boards S. 891-916

„… application of Community law on equal treatment between women and men 1/2001, at 23. More generally on sex …” „… under the law to find qualified and willing women. Two of these are run by State-owned organisations.22 …” „… . Common Business Law of 28 States, 2nd edition, Copenhagen: DJØF Forlagene 2003. Going Global in Sex …”

Samuel Issacharoff A Cosmopolitan Judge for a Cosmopolitan Era. An Essay in Honor of Carl Baudenbacher S. 131-140

„… integration among the states that form the EFTA community. Indeed, the operational definition of the EFTA …” „… there had been no European Community law of sexual harassment identified as such at the time, all the …” „… honor formal borders. And so it is that a Swiss law professor, sitting as a representative of …”

Eleanor Sharpston An impressive level of scrutiny: Appearing before the EFTA Court in two early cases S. 243-252

„… ) teleological approach to the interpretation of Community law.) So, the United Kingdom was clearly concerned to …” „… of the EEA law. (7) The limited examples of the practice of the Icelandic administration and the …” „… have, through parliamentary discussions and by explanatory notes to bills of law been used as …”

Christian Dialog der Gerichte im europäischen Justizraum. Zur Rolle des EuGH bei der Auslegung des neuen Übereinkommens von Lugano S. 141-156

„… States of the European Community» (Draft of February 5, 2007). 148 Christian Kohler lelität mit dem EuGVÜ …” „… the courts of Member States of the European Community, the obligation laid down in paragraph 1 shall …” „… , The Uniform International Sales Law and the Global Jurisconsultorium, Journal of Law and Commerce 24 …”

Mario Monti Competition Policy and International Integration S. 519-522

„… competition law and policy, one of the subjects that have given him world recognition, in the context of …” „… and the empirical observation of reality, between Europe and the United States and, probably more than …” „… and its international conferences have become a key point on the world map for the community of …”

John McCarthy A Paper for a Friend S. 23-26

„… 1980’s.) In terms of public policy and government issues I have served as lobbyist both at the state …” „… Law on the campus of the University of Texas. Our coming together was brought about by mutual …” „… international law. I know that Carl Baudenbacher is a judge of international repute whose main area of …”

Peter Jann Nationale Steuern und das EG Beihilfenverbot – ein Überblick S. 419-442

„… Aspects of European Community Competition Law, Fordham International Law Journal, 1987 Volume 10, S. 393 …” „… Private Aspects of European Community Competition Law, Fordham International Law Journal, 1987 Volume 10 …” „… . Siehe auch P. Pescatore, Public and Private Aspects of European Community Competition Law, Fordham …”

Titelei/Inhaltsverzeichnis S. 1-22

„… securing a homogeneous development of the case law of the Community Courts and of his own Court from the …” „… the Court; Former Armfelt Professor of Law, Åbo Akademi University Judicial Protection in EU State Aid …” „… The Recovery of Unlawful State Aid from Successor Companies Reflections on the Recent Case Law of the …”

Barry E. Hawk Conduct Element in Abuse of Dominant Position S. 393-404

„… Articles 403 I. Introduction The application of competition or antitrust law1 to dominant firms raises …” „… many of the most significant and difficult legal, economic and public policy issues in competition law …” „… antitrust law. 2 Article 82 of the EC Treaty provides: »Any abuse by one or more undertakings of a …”

Luzius Wildhaber The Protection of Legitimate Expectations in European Human Rights Law S. 253-264

„… is a basic principle of Community law, and, by extension, of the EFTA legal order. It occupies a …” „… the State. The Court answered the question of applicability by looking to domestic tort law, according …” „… that well-founded legal claims will be protected in a State that subscribes to the rule of law …”

Davíd Thór Björgvinsson Application of Article 34 of the ESA/Court Agreement by Icelandic Courts S. 37-50

„… ) provides that the EFTA States, which are Contracting Parties to the Agreement, shall establish a Court of …” „… States on the Establishment of a Surveillance Authority and a Court of Justice (hereinafter «the …” „… ) settlement of disputes between two EFTA States (Article 32); (iii) actions to annul decisions adopted by the …”

Pieter Kalbfleisch The Assessment of Interests in Competition Law: A Balancing Act S. 455-474

„… Law: A Balancing Act 465 assessment of horizontal mergers27 the Commission states that (1 …” „… ultimate goal of competition law is to promote welfare I think that in its present state the task of …” „… 455 PIETER KALBFLEISCH1 The Assessment of Interests in Competition Law: A Balancing Act Pieter …”

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Astrid Epiney, Marcel Haag, Andreas Heinemann - Die Herausforderung von Grenzen - Le défi des frontières - Challenging boundaries

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Astrid Epiney (ed.), Marcel Haag (ed.), Andreas Heinemann (ed.)

Die Herausforderung von Grenzen - Le défi des frontières - Challenging boundaries

2007

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Enzo Cannizzaro On Some Recent Development in the Law of Community External Relations. Towards a Unitary Paradigm? S. 474-484

„… States of the relevant provisions of Community law does not constitute a guarantee that the Community …” „… sophisticated relationship between Community law and Member State law in the field of jurisdiction and …” „… 474 On Some Recent Development in the Law of Community External Relations Towards a Unitary …”

Jiří Zemánek The European Arrest Warrant at the Czech Constitutional Court: fundamental rights not affected S. 831-842

„… the EU Member States is primarily put into practice by means of procedural law. Only to the extent …” „… in criminal matters between the Member States of the EU. 832 Jiri Zemanek European law. Nevertheless …” „… international law obligations, rather than to have recoursed to the way of transposition of Community …”

Bruno Nascimbene European Citizenship and Third-Country Nationals. Recent Trends on the Definition of the European Status Civitatis S. 704-722

„… defined in the Community law and «may have different meanings in the Member States and languages of the …” „… Treaty provisions. In fact, the Court deems that «in the current state of community law», Articles 189 …” „… competence of each Member State in compliance with Community law». European Citizenship and Third-Country …”

John Usher The Court of Justice of the EU and the Jurisdiction of other International Tribunals S. 599-610

„… Member State is acting under an express Treaty derogation it is acting within the scope of Community law …” „… Community nationals. On this, the Grand Chamber concluded that »in the current state of Community law, the …” „… Parliament falls within the competence of each Member State in compliance with Community law, and that …”

Francis Jacobs Between Luxembourg and Strasbourg: Dialogue between the European Court of Human Rights and the European Court of Justice S. 205-214

„… constitutions of the Member States for fear that that might prejudice the supremacy of Community law. In the …” „… Member States, as general principles of Community law. One difficulty however with the present …” „… law, the Court of Justice of the European Communities did not accept that the competence of Community …”

Anne Peters Typology, Utility and Legitimacy of European Soft Law S. 405-428

„… law and institutional practice in the European Community, in: Martin (ed.), The Construction of Europe …” „… Community legal order with a view to transferring the concept of soft law. See also Francis Snyder, Soft …” „… : »A trend in the Community towards the increasing use of soft law would be consistent with patterns …”

Petros C. Mavroidis It’s alright ma, I’m only bleeding (A comment on the Fedon jurisprudence of the Court of First Instance) S. 548-558

„… in the European Community. The United States included in the list of products the concessions on …” „… , discretion, the mere infringement of Community law may be sufficient to establish the existence of a …” „… partners of the European Community receive WTO law in their legal order. As a result we are left …”

Alison McDonnell The Hierarchy of Norms in EU Law – Empowering and controlling the Commission S. 372-386

„… writings on the hierarchy of norms in Community law were few and far between, the article on this subject …” „… Law Since the relationship between EU law and Member State law is at the same time one of the most …” „… on it shall have primacy over the law of the Member States.« 374 Alison McDonnell the Member States …”

Kieran St. C. Bradley Delegated Legislation and Parliamentary Supervision in the European Community S. 286-301

„… , which is said to be the transposition to the Community of the habitual rule that in federal states …” „… sense of the application and enforcement of Community law by the legislative, administrative and …” „… »implementation« in the sense of the adoption of measures of secondary legislation of a Community law character …”

Samantha Besson, André Utzinger European Citizenship Across Borders S. 627-644

„… . Under the conditions of advanced globalisation, however, the community of law-givers and the ones being …” „… led to a situation where three categories of people lawfully residing in the same Member State are …” „… Hannah Arendt rightly stressed, being excluded from a community of citizens deprives people from one of …”

Ernst-Ulrich Petersmann International Integration Law and Multilevel Constitutionalism S. 429-437

„… »international law of coexistence« focusing on state sovereignty and as an »international law of cooperation …” „… and the rule of law« – entail divisions that »threaten the very notion of an international community …” „… are transforming the intergovernmental »society of states« into a cosmopolitan community of citizens …”

Florian Bieber Lessons from the European Union for Institutional Design in Multinational States S. 275-285

„… and states were viewed through the lens of conventional state sovereignty in international law, would …” „… divided societies. The tools of classic mediation, as in the case of the short-lived state union of …” „… case of Cyprus, have been utilized to develop new institutional arrangements for fragile states in …”

Peter L. Vesterdorf Democracy, efficiency and the European Union S. 175-196

„… Community of the sixties and seventies, the ability of Member States to conduct an independent national …” „… Union with ten new Member States. In the following I am going to deal with the theme of democracy and …” „… certainly bring progress with 1 * Cand. jur., dr. of EC law (lic. jur.), Head of EU Department, Danish …”

Barbara Wilson The Right to Know One’s Origins and the Margin of Appreciation of States: the Case of Jäggi v. Switzerland (ECHR) S. 262-274

„… of appreciation to Contracting States in matters related to family law49. In the opinion of certain …” „… 262 The Right to Know One’s Origins and the Margin of Appreciation of States: the Case of Jäggi v …” „… Appreciation of States A. Introduction Increasingly over the last few years, the European Court of Human Rights …”

Martin Killias The European Arrest Warrant – How Efficiency Led to Ignore Diversity S. 801-811

„… territory of the requiring State, since everyone is supposed to respect local laws while travelling abroad …” „… the dream of all those in Europe who persisted in building a supranational State. In this sense, one …” „… Europe-wide criminal justice system2. In the meantime, several Member-States have retarded the enactment of …”

Schelto Patijn, David Millar Working on the Direct Elections to the European Parliament (1973-1979) S. 159-166

„… laws, it travelled extensively to the capitals of the six member states to speak with politicians …” „… of 1957 article 138, par. 3, states that the Council will decide unanimously on the proposal of the …” „… operation. Fernand Dehousse, a Belgian senator and a professor of international law, headed a working group …”

Titelei/Inhaltsverzeichnis S. 1-20

„… Frank Emmert Market Economy, Democracy, or Rule of Law – What Would You Pick, if You Had to Choose? 104 …” „… the Margin of Appreciation of States: the Case of Jäggi v. Switzerland (ECHR) 262 Inhaltsverzeichnis …” „… 356 Alison McDonnell The Hierarchy of Norms in EU Law – Empowering and controlling the Commission 372 …”

Daniel Thürer Libanon-Konflikt: Zur Struktur einer (völker)rechtlichen Argumentation S. 580-598

„… Lauterpacht, The Function of Law in the International Community, Oxford 1933, S. 391: »There is [. . .] no …” „… consisting of an action or omission: (a) Is attributable to the State under international law; and (b …” „… Bericht der International Law Commission on Responsibility of States for Internationally Wrongful Acts …”

Ninon Colneric Die Rolle der Rechtsvergleichung in der Praxis des EuGH S. 316-323

„… comparé 1980, 352 ff., 358. 2 Meinhard Hilf: The role of comparative law in the jurisprudence of the Court …” „… account the observations made by the Member States whose law is at issue as well as those submitted by …” „… other Member States and the Commission, the Court will ›gauge the temperature‹ of the national systems …”

Thomas Cottier, Samuele Scarpelli Die Legitimität des Europarechts S. 37-53

„… the EC, in: Cafruny/Rosenthal (Hrsg.), The State of the European Community, Vol. 2, 1993, 391 ff …” „… im hundersten Jahrgang des American Journal of International Law, insbesondere Thomas M. Frank, The …” „… Power of Legitimacy and the Legitimacy of Power: International Law in an Age of Power Disequilibrium …”

Helmut Schmitt von Sydow Die paneuropäische Energiegemeinschaft mit Südosteuropa S. 559-579

„… Conclusions of the Ministerial Conference on Energy Co-operation between the EU, the Caspian Littoral States …” „… Europäische Parlament, KOM(2007)1 v. 10.1.2007, 4. 3 Union for the Co-ordination of Transmission of …” „… Electricity, Final Report of the Investigation Committee on the 28 September 2003 Blackout in Italy, 2004, 59 …”

Bruno De Witte Les frontières du marché: la place des valeurs non marchandes dans la législation sur le marché intérieur S. 754-768

„… Kahil-Wolff/Laurence Muller, Cours général de droit communautaire, in: Collected Courses of the Academy of European Law …” „… Witte, The delimitation of powers between the EU and its Member States, in: Arnull/Wincott (Eds …” „… , Yearbook of Media and Entertainment Law 1995, 101. 15 Directive 2001/84 du 27 septembre 2001 relative au …”

Waldemar Hummer Vom »Außendienst« der Gemeinschaften zum »Europäischen Auswärtigen Dienst« im Vertrag über eine Verfassung für Europa S. 493-527

„… , in: Reinisch, G. – Kriebaum, U. (Hrsg.), The Law of International Relations – Liber Amicorum …” „… Service of the European Commission: Interaction with Member State Embassies …” „… Document von Adrian Severin, Promoting the community method in the External actions of the EU, vorgelegt am …”

doi.org/10.5771/9783845204802

Thomas Wilson - Die Rechte von Drittstaatsangehörigen nach Gemeinschaftsrecht

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Thomas Wilson

Die Rechte von Drittstaatsangehörigen nach Gemeinschaftsrecht

Series: Nomos Universitätsschriften - Recht

Volume 530 2007

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English summary S. 189-194

„… independent third state citizen law atCommunity level. Because of this decision Title IV EC also applies prior …” „… »Carpenter« judgment creates the danger to abuse Community law because citizens of the Member States are …” „… legally in the home member state. However, the danger of193abuse of Community law still exists, because …”

Literaturverzeichnis S. 195-200

„… ff.Plender, Richard: Competence, European Community Law and Nationals of Non-MemberStates, I.C.L.Q. 1990, S …” „… , Heidelberg 2004Barrett, Gavin: Family matters: European Community Law and third-country family members,CMLRev …” „… : Freedoms unlimited? Reflections on Mary Carpenter v. Secretary of State,CMLRev.2003, 537 ff.Egger …”

doi.org/10.5771/9783845205281

Ulrich Becker, Franz Müntefering - 50 Jahre EU - 50 Jahre Rechtsprechung des Europäischen Gerichtshofs zum Arbeits- und Sozialrecht

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Ulrich Becker (ed.), Franz Müntefering (ed.)

50 Jahre EU - 50 Jahre Rechtsprechung des Europäischen Gerichtshofs zum Arbeits- und Sozialrecht

Series: Studien aus dem Max-Planck-Institut für Sozialrecht und Sozialpolitik

Volume 41 2008

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Brian BERCUSSON The European Court of Justice, Labour Law and ILO Standards S. 41-65

„… general principle of Community law stemming from the constitutional traditions common to the Member States …” „… not affect the exercise of fundamental rights as recognised in the Member States and by Community law …” „… action contravene free movement rules, this would violate Community law’s protection of these fundamental …”

Niklas Bruun The Impact of National Labour and Social Law on the Law of the European Community S. 65-77

„… The Impact of National Labour and Social Law on the Law of the European Community Niklas BRUUN I …” „… influences the law of the European Community. II. Different types or categories of EC labour and social law …” „… health and safety regulation in many Member States, in contrast to private law features of the regulation …”

Barbara KRESAL Slovenian Labour and Social Law in Relation to the EC Law S. 77-91

„… law within the Member States as well as at the Community level.3 Simitis stresses that “(r)ather than …” „… addressing central points of Community law: direct effect, supremacy, the protection of fundamental rights …” „… stresses that “(j)udicial interpretation of Community law is a creative process, whether it serves the …”

Marko ILEŠIČ Habent sua fata libelli (= Decisiones) S. 37-41

„… more) when interpreting Community law, is not an easy task. This diversity of approaches can also be …” „… Justice states that fundamental rights form an integral part of the general principles of law and …” „… law as legally binding sources, including “international obligations common to the Member States”, of …”

Hellmut Wißmann Entwicklung der Rechtsprechung des EuGH zum Arbeitsrecht aus der Sicht eines deutschen Arbeitsrichters S. 29-37

„… altera pars The case-law of the European Court of Justice (hereinafter the “ECJ”) undoubtedly has a …” „… significant influence on the judicial (as well as legislative) activity of member states. Its decisions are …” „… those of the parties who are directly concerned by a judgment, i.e. member states, European institutions …”

doi.org/10.5771/9783845210179

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