|
Relationship Between The European Court Of Justice And European Court Of Human Rights
The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties." The EU would thus be subject to its human rights law and external monitoring as its member states currently are. It is further proposed that the EU join as a member of the Council of Europe now that it has attained a single legal personality in the Lisbon Treaty. Protocol No. 14 of the ECHR entered into force on 1 June 2010. It allows the European Union to accede to the European Convention on Human Rights. On 5 April 2013, negotiators from the European Union and the Council of Europe finalised a draft agreement for the accession of the EU to the European Convention on Hum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016 it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning ’of its own kind’, and is a supranational institution. The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Europe–European Union Relations
Council of Europe–European Union relations are the bilateral relations between the Council of Europe and the European Union. The Council of Europe and the European Union have shared relations since 1992. Almost 180 programmes have been implemented between the two European organisations in areas such as human rights, culture, democracy, and the rule of law. Issues Accession of the European Union to the Council of Europe In May 2005, the Member states of the Council of Europe, meeting in Warsaw, expressed their wish to see the European Union join the Council of Europe and the European Convention on Human Rights. In practice, the Court of Justice of the European Union rulings have already been delivered in such a way as to be consistent with the rulings of the European Court of Human Rights. This accession is not intended to subordinate the European Union to the Council of Europe, nor even to amend the treaties. This would make it possible to subject to external control the re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union And The International Criminal Court
Due to its status, the European Union (EU) is not party to the International Criminal Court (ICC), but all the EU's member states are signatories and the EU has been one of the ICC's strongest supporters. The EU has given political, financial and technical support to the court, which is also based in its territory (The Hague, the Netherlands). Positions and agreements In 2001 the EU agreed a ''common position'', that is it has an EU-wide agreed foreign policy on the matter, strongly supporting the ICC. That position was updated in 2003 and combined with an action plan. A 2006 co-operation agreement between the EU and ICC also obliges the EU and its members to assist the ICC, particularly by handing over classified information to the court. Examples of this cooperation already include supporting the ICC in the Democratic Republic of the Congo and Darfur, the latter including the EU Satellite Centre providing imagery and reports. The Cotonou Agreement which the EU has with the A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Arnull
Anthony "Tony" Arnull is a British legal scholar specialising in EU law and holds the Barber Chair of Jurisprudence at the University of Birmingham's Law School. Early life and education Arnull studied a BA in Law at the University of Sussex and at the , Université libre de Bruxelles. He later then went on to qualify as a Solicitor of the Senior Courts of England and Wales within a Magic Circle law firm. He then went on to study at the University of Leicester for his PhD. Career and research 1990 Arnull wrote ''The General Principles of EEC Law and the Individual'' in 1990, assessing the impact of the European Court of Justice. In a review, Lewis outlined: * "It must also be said that the discussion is certainly thorough and scholarly and Arnull makes thought-provoking observations on the case law." 2003 Arnull provided a memorandum to the UK's House of Lords after being asked to comment on the new roles the European Court of Justice would play in the Treaty of Nice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body of about 32,000 European civil servants. The Commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries each headed by a Director-General who is responsible to a Commissioner. There is one member per member state, but members are bound by their oath of office to represent the general interest of the EU as a whole rather than their home state. The Commission President (currently Ursula von der Leyen) is proposed by the European Council (the 27 heads of state/governments) and elected by the European Parliament. The Council of the European Union then nominates the other members of the Commission in agreement with the nominated President, and the 27 members as a team are then ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opinion 2/13
''Opinion 2/13'' (2014) is an EU law case determined by the European Court of Justice, concerning the accession of the European Union to the European Convention on Human Rights, and more generally the relationship between the European Court of Justice and European Court of Human Rights. Facts In 2014, the European Commission asked the full court of the ECJ whether, in its view, the 2013 Draft Agreement between the European Union and the Council of Europe on accession of the EU to the European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ... was compatible with the Treaties. Opinion of the Court The Court of Justice held that the EU could not accede to the ECHR under the Draft Agreement. It held the Agreement was incompatible with TEU article 6(2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Lisbon
The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member states on 13 December 2007, entered into force on 1 December 2009.eur-lex.europa.eu: " Official Journal of the European Union C 115 Volume 51, 9 May 2008, retrieved 1 June 2014 It amends the (1992), known in updated form as the Treaty on European Union ...
[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
