References of "Common Market Law Review"
     in
Bookmark and Share    
Full Text
Peer Reviewed
See detailAndreas Orator, Möglichkeiten und Grenzen der Einrichtung von Unionsagenturen
Hofmann, Herwig UL

in Common Market Law Review (2019), 56

Detailed reference viewed: 66 (1 UL)
Full Text
Peer Reviewed
See detailArticle 216(1) TFEU and the Union’s shared external competence in the light of mixity
Neframi, Eleftheria UL

in Common Market Law Review (2019), 56(2), 489-520

Case C-600/14, Germany v Council, (Amendment of the Convention concerning International Carriage by Rail –COTIF), Judgment of the Court (Grand Chamber), of 5 December 2017, EU:C:2017:935. The COTIF case ... [more ▼]

Case C-600/14, Germany v Council, (Amendment of the Convention concerning International Carriage by Rail –COTIF), Judgment of the Court (Grand Chamber), of 5 December 2017, EU:C:2017:935. The COTIF case gave the Court of Justice the opportunity to clarify the distinction between Article 3(2) TFEU and Article 216(1) TFEU and, thus, to address the question of facultative mixity. [less ▲]

Detailed reference viewed: 112 (7 UL)
Full Text
Peer Reviewed
See detailMultilevel Judicial Protection in the EU and Preliminary References
Lacchi, Clelia UL

in Common Market Law Review (2016), 53(2016), 679-707

Detailed reference viewed: 444 (19 UL)
Full Text
Peer Reviewed
See detailDiscretion, Care and Public Interests in the EU Administration: Probing the Limits of Law
Mendes, Joana UL

in Common Market Law Review (2016), 53(2), 419-452

Recent high profile judgments of the European Court of Justice (ESMA and Gauweiler) have endorsed the expansion of the EU’s executive powers, including those of its administration. Once such powers are ... [more ▼]

Recent high profile judgments of the European Court of Justice (ESMA and Gauweiler) have endorsed the expansion of the EU’s executive powers, including those of its administration. Once such powers are attributed or judicially endorsed, how far may law reach in structuring the exercise of discretion by EU administrative actors? The article analyses the way the EU courts have reviewed administrative discretion in instances where they have performed a close scrutiny thereof. It argues that the EU courts downplayed the role law ought to have in structuring the exercise of administrative discretion, by overlooking the public interests that ought to be pursued by force of legal norms. By contrast, the control of discretion by the European Ombudsman illustrates a different and normatively more demanding understanding of how law may operate in relation to discretion. [less ▲]

Detailed reference viewed: 112 (6 UL)
Full Text
Peer Reviewed
See detailAdministrative Sanctions in the European
Hofmann, Herwig UL

in Common Market Law Review (2015), 52

Book review of Administrative Sanctions in the European Union by Oswald Jansen (ed.)

Detailed reference viewed: 258 (12 UL)
Full Text
Peer Reviewed
See detailConsumers' Access to EU Competition Procedures: Outer and Inner Limits
Mendes, Joana UL

in Common Market Law Review (2014), 51(2), 483-521

Enforcement of competition law affects consumers' economic interests, as part of the public interests EU competition law protects. Therefore, consumers ought to be involved in the respective enforcement ... [more ▼]

Enforcement of competition law affects consumers' economic interests, as part of the public interests EU competition law protects. Therefore, consumers ought to be involved in the respective enforcement procedures. Against this normative background, we analyse consumers' access to the public enforcement by the Commission; we assess whether and how the formal role they are assigned during this procedure and the way access is defined enable consumers to protect their economic interests. We identify outer and inner limits to consumers' access to competition enforcement procedures, arising from the Commission's discretion in handling complaints and in defining access to information. We critically evaluate those limits against the contention that the enforcement of competition law rules, and the way it is pursued by administrative actors, ought to be guided by the public interests inherent in EU competition law. [less ▲]

Detailed reference viewed: 47 (2 UL)
Full Text
Peer Reviewed
See detail"Consistency" and Fundamental Freedoms: The Case of Direct Taxation
Haslehner, Werner UL

in Common Market Law Review (2013), 50(3), 737-772

This article undertakes it to analyse and pinpoint the significance of the principle of "consistency" for the interpretation of the fundamental freedoms, taking direct tax law as an example of a subject ... [more ▼]

This article undertakes it to analyse and pinpoint the significance of the principle of "consistency" for the interpretation of the fundamental freedoms, taking direct tax law as an example of a subject matter that falls squarely into the competence of the Member States. As such, direct taxation provides a prime example for the conflicting principles of national parliamentary sovereignty and quasi-constitutional supranational limits to this sovereignty and thus an ideal case for such analysis. It shows that many of the peculiarities of the ECJ decisions on tax discrimination can be reconceptualised and understood in terms of the idea of consistency. Through the discussion of the main justifications unique to direct tax cases, the article also reveals the Court of Justice's inconsistencies in respect of its application of that central idea and advocates a more stringent approach to improve the transparency of the case law and thus, in turn, its consistency. This approach is explained in more detail by reference to different tests for consistency to be employed on each stage of the proportionality analysis, and defended against possible objections to different standards of the concept. [less ▲]

Detailed reference viewed: 305 (25 UL)
Full Text
Peer Reviewed
See detailCourts in transition: Administration of justice and how to organize it
Meij, Arjen UL

in Common Market Law Review (2013), 50(1), 3-14

Detailed reference viewed: 30 (3 UL)
Full Text
Peer Reviewed
See detailExternal Representation of the European Union in the Conclusion of International Agreements
Gatti, Mauro UL; Manzini, Pietro

in Common Market Law Review (2012)

Detailed reference viewed: 59 (1 UL)
Full Text
Peer Reviewed
See detailParticipation and the Role of Law after Lisbon: a Legal View on Article 11 TEU
Mendes, Joana UL

in Common Market Law Review (2011), 48(6), 1849-1878

Participation in EU governance has been largely kept outside the realm of law. Article 11 TEU has the potential to change this status quo, despite the fact that, with the exception of the European ... [more ▼]

Participation in EU governance has been largely kept outside the realm of law. Article 11 TEU has the potential to change this status quo, despite the fact that, with the exception of the European citizens' initiative, it represents more the recognition of previous institutional practices than an innovation proper. This contribution presents a normative interpretation of Article 11 TEU and analyses the implications of the distinct transformation this Treaty article postulates: the transition from participation based on a logic of participatory governance to participation that concretizes democracy as a "value" or a founding principle of the Union, and that responds to the respective normative yardsticks, such as equality and transparency. This is the main challenge posed by Article 11 TEU. While acknowledging that law is not the only way of giving effect to the prescriptions of this Treaty article, this contribution discusses the role of law in operating the normative shift mentioned. It analyses why different EU institutions may be urged to reconsider the role of law with regard to participation, in view not only of Article 11 TEU - as law may be needed to guarantee the conditions that ensure participation as a source of democratic legitimacy in the EU - but also of other Treaty provisions. [less ▲]

Detailed reference viewed: 61 (2 UL)
Full Text
Peer Reviewed
See detailBook Review of 'Procedural Autonomy of EU Member States: Paradise Lost?' by D. Galetta
Hofmann, Herwig UL

in Common Market Law Review (2011), 48

Detailed reference viewed: 75 (1 UL)
Full Text
Peer Reviewed
See detailThe Duty of Loyalty : Rethinking its Scope through its Application in the Field of EU External Relation
Neframi, Eleftheria UL

in Common Market Law Review (2010), 47(2), 323-359

The duty of loyalty and the effective implementation of common rules. Implementation of mixed agreements. The duty to facilitate the exercise of the external competence of the Union. The requirement of ... [more ▼]

The duty of loyalty and the effective implementation of common rules. Implementation of mixed agreements. The duty to facilitate the exercise of the external competence of the Union. The requirement of unity in the external representation of the Union and its Member States. [less ▲]

Detailed reference viewed: 293 (15 UL)
Full Text
Peer Reviewed
See detailBook Review: René Barents, The Autonomy of Community Law
Gerkrath, Jörg UL

in Common Market Law Review (2006), 43(3), 885

Detailed reference viewed: 116 (0 UL)