Pub Date : 2022-03-01DOI: 10.1017/S1574019622000037
Neža Šubic
On 15 April 2021, in Case C-622/20 P, Validity and Center for Independent Living v Commission,1 the European Court of Justice dismissed the appeal to the order of the General Court, T-613/19,2 in which the General Court found inadmissible the action for annulment lodged by three non-governmental organisations that defend and represent persons with disabilities, due to a lack of legal standing. The succinct order of the Court of Justice is prima facie in line with previous case law and does not seem to offer any noteworthy developments in
{"title":"Challenging the Use of EU Funds: Locus Standi as a Roadblock for Disability Organisations","authors":"Neža Šubic","doi":"10.1017/S1574019622000037","DOIUrl":"https://doi.org/10.1017/S1574019622000037","url":null,"abstract":"On 15 April 2021, in Case C-622/20 P, Validity and Center for Independent Living v Commission,1 the European Court of Justice dismissed the appeal to the order of the General Court, T-613/19,2 in which the General Court found inadmissible the action for annulment lodged by three non-governmental organisations that defend and represent persons with disabilities, due to a lack of legal standing. The succinct order of the Court of Justice is prima facie in line with previous case law and does not seem to offer any noteworthy developments in","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42248855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1017/S1574019622000062
Hugo Canihac
Invention and promotion of the concept of ‘Community of law’ in the EEC – The role and thought of Walter Hallstein – Moving beyond the traditional opposition between ‘constitutionalists’ and ‘internationalists’ – The diversity and struggles among the ‘constitutionalists’ – Constitutional imaginaries as different conceptions of the relation of law, market, and democracy – Social processes at work in the elaboration of a transnational constitutional imaginary – Political and academic making of the imaginary of the ‘Community of law’
{"title":"The Making of an Imagined ‘Community of Law’: Law, Market and Democracy in the Early Constitutional Imaginaries of European Integration","authors":"Hugo Canihac","doi":"10.1017/S1574019622000062","DOIUrl":"https://doi.org/10.1017/S1574019622000062","url":null,"abstract":"Invention and promotion of the concept of ‘Community of law’ in the EEC – The role and thought of Walter Hallstein – Moving beyond the traditional opposition between ‘constitutionalists’ and ‘internationalists’ – The diversity and struggles among the ‘constitutionalists’ – Constitutional imaginaries as different conceptions of the relation of law, market, and democracy – Social processes at work in the elaboration of a transnational constitutional imaginary – Political and academic making of the imaginary of the ‘Community of law’","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47085728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1017/s157401962100047x
{"title":"ECL volume 18 issue 1 Cover and Front matter","authors":"","doi":"10.1017/s157401962100047x","DOIUrl":"https://doi.org/10.1017/s157401962100047x","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46303623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1017/S1574019622000098
L. Besselink
Some time ago, on 20 December 2019, the Dutch court of cassation, the Hoge Raad (Supreme Court), ruled that the target to reduce greenhouse gas emissions1 by at least 20% compared to those of 1990 by the end of the year 2020, set by the Netherlands government in accordance with EU minimum targets, infringes the right to life and the right to private and family life under Articles 2 and 8 of the European Convention on Human Rights.2 Even more significantly, it upheld the order of the District Court of The Hague, and sustained at the Appeals Court, that the State of the Netherlands – appearing in court as a legal person under Dutch civil law – must reduce the joint volume of annual greenhouse gas emissions, or have them reduced, by at least 25% at the end of 2020 compared to the emission level of the year 1990. This Urgenda case has by now generated a huge amount of commentary, in all its three instances, mostly positive; precisely on the
{"title":"The National and EU Targets for Reduction of Greenhouse Gas Emissions Infringe the ECHR: The Judicial Review of General Policy Objectives","authors":"L. Besselink","doi":"10.1017/S1574019622000098","DOIUrl":"https://doi.org/10.1017/S1574019622000098","url":null,"abstract":"Some time ago, on 20 December 2019, the Dutch court of cassation, the Hoge Raad (Supreme Court), ruled that the target to reduce greenhouse gas emissions1 by at least 20% compared to those of 1990 by the end of the year 2020, set by the Netherlands government in accordance with EU minimum targets, infringes the right to life and the right to private and family life under Articles 2 and 8 of the European Convention on Human Rights.2 Even more significantly, it upheld the order of the District Court of The Hague, and sustained at the Appeals Court, that the State of the Netherlands – appearing in court as a legal person under Dutch civil law – must reduce the joint volume of annual greenhouse gas emissions, or have them reduced, by at least 25% at the end of 2020 compared to the emission level of the year 1990. This Urgenda case has by now generated a huge amount of commentary, in all its three instances, mostly positive; precisely on the","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44663733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-01DOI: 10.1017/s1574019622000116
{"title":"In Memoriam Russell E.M. Lawson (1943–2022)","authors":"","doi":"10.1017/s1574019622000116","DOIUrl":"https://doi.org/10.1017/s1574019622000116","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41359362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-01DOI: 10.1017/S1574019621000407
Nóra Chronowski, A. Vincze
*Professor of Constitutional Law and Senior Researcher, Institute for Legal Studies, Centre for Social Sciences, Budapest, and National University of Public Service Ludovika, Hungary. This study forms part of research project No 128796 funded by the National Research Development and Innovation Office, which is investigating the normative content of the principle of democracy from the perspective of European Union and constitutional law. **Senior lecturer, Judicial Studies Institute, Masaryk University, Brno. The research leading to this article has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (INFINITY, grant agreement no. 101002660).
{"title":"The Hungarian Constitutional Court and the Central European University Case: Justice Delayed is Justice Denied","authors":"Nóra Chronowski, A. Vincze","doi":"10.1017/S1574019621000407","DOIUrl":"https://doi.org/10.1017/S1574019621000407","url":null,"abstract":"*Professor of Constitutional Law and Senior Researcher, Institute for Legal Studies, Centre for Social Sciences, Budapest, and National University of Public Service Ludovika, Hungary. This study forms part of research project No 128796 funded by the National Research Development and Innovation Office, which is investigating the normative content of the principle of democracy from the perspective of European Union and constitutional law. **Senior lecturer, Judicial Studies Institute, Masaryk University, Brno. The research leading to this article has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (INFINITY, grant agreement no. 101002660).","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47334839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-01DOI: 10.1017/s1574019621000456
{"title":"ECL volume 17 issue 4 Cover and Front matter","authors":"","doi":"10.1017/s1574019621000456","DOIUrl":"https://doi.org/10.1017/s1574019621000456","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41942393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-01DOI: 10.1017/s1574019621000468
{"title":"ECL volume 17 issue 4 Cover and Back matter","authors":"","doi":"10.1017/s1574019621000468","DOIUrl":"https://doi.org/10.1017/s1574019621000468","url":null,"abstract":"","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44456037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-01DOI: 10.1017/S1574019621000419
H. Hogan
In a well-known ancient fable, one child topples the myth that has captivated the masses by pointing out: the Emperor has no clothes. Michael A. Wilkinson is here, in his outstanding new book, telling us the unvarnished truth about the European Union. He is one of the first scholars to depict, with devastating clarity, what has been perfectly plain to see all along. The European Union is not the world’s greatest champion of democracy, despite decades of academic contortions to explain why its famous democratic deficit can be mended, or does not exist, or does not matter. The EU’s rhetorical commitment to human rights, or the welfare of the member states, or to any of the abstract political ideals it claims to embody are secondary to its core purpose: to advance the project of economic liberalism. This is a project that has been pursued at all costs, even up to the point of inflicting immense suffering on the populations of the member states it claims to protect. Authoritarian Liberalism and the Transformation of Modern Europe charts the history and development of the organisation now known as the European Union, and traces the corresponding role of legal scholars in providing the theoretical basis for its actions.
{"title":"Shielding the Market from the Masses: Economic Liberalism and the European Union","authors":"H. Hogan","doi":"10.1017/S1574019621000419","DOIUrl":"https://doi.org/10.1017/S1574019621000419","url":null,"abstract":"In a well-known ancient fable, one child topples the myth that has captivated the masses by pointing out: the Emperor has no clothes. Michael A. Wilkinson is here, in his outstanding new book, telling us the unvarnished truth about the European Union. He is one of the first scholars to depict, with devastating clarity, what has been perfectly plain to see all along. The European Union is not the world’s greatest champion of democracy, despite decades of academic contortions to explain why its famous democratic deficit can be mended, or does not exist, or does not matter. The EU’s rhetorical commitment to human rights, or the welfare of the member states, or to any of the abstract political ideals it claims to embody are secondary to its core purpose: to advance the project of economic liberalism. This is a project that has been pursued at all costs, even up to the point of inflicting immense suffering on the populations of the member states it claims to protect. Authoritarian Liberalism and the Transformation of Modern Europe charts the history and development of the organisation now known as the European Union, and traces the corresponding role of legal scholars in providing the theoretical basis for its actions.","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42436651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-01DOI: 10.1017/S1574019621000432
Cecilia Rizcallah, Victor Davio
Requirement that tribunals be established by law – European Convention on Human Rights – EU Charter of Fundamental Rights – Fair trial – Rule of law – Separation of powers – Public trust
{"title":"The Requirement that Tribunals be Established by Law: A Valuable Principle Safeguarding the Rule of Law and the Separation of Powers in a Context of Trust","authors":"Cecilia Rizcallah, Victor Davio","doi":"10.1017/S1574019621000432","DOIUrl":"https://doi.org/10.1017/S1574019621000432","url":null,"abstract":"Requirement that tribunals be established by law – European Convention on Human Rights – EU Charter of Fundamental Rights – Fair trial – Rule of law – Separation of powers – Public trust","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":2.1,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45323608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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