ساخت اتحادیه اروپا: دیدگاه حقوق‌دانان دربارهٔ تکامل اتحادیه

This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted. Preface 6 Contents 8 Biography 12 Contributors 14 PART I: EU LEGAL ORDER 16 1. The Intersection between the Uniform Application of EU Law and the Limitation of Sovereign Rights in the Jurisprudence of the CJEU 18 I. Introduction 18 II. The CJEU and the Sovereignty of Member States 19 III. Aspects of Sovereignty in the Court’s Recent Case Law 22 IV. The Sovereign Right to be In or Out of the Union 30 V. Conclusion 31 2. The Scope of the Principle of the Autonomy of the European Union Legal Order: Recent Developments 34 Introduction 34 I. The Autonomy of the EU Legal Order is Implicitly Recognised in the Treaties 35 II. The Autonomy of the EU Legal Order with Regard to International Law 37 III. The Autonomy of the EU Legal Order with Regard to the National Law of the Member States, in Particular Concerning the Rule of Law 43 Conclusion 44 3. The Influence of Common Lawyers on European Union Law 46 I. Introduction 46 II. British References for Preliminary Rulings 47 III. British Advocacy 48 IV. Horizontal and Vertical Precedent 49 V. Pragmatism and Professionalism 51 VI. Conclusion 53 4. Brexit after the Event: Problems Predicted, Problems Unresolved? 56 I. Introduction 56 II. Brexit is Not Like Leaving a Gym 57 III. Regulation 58 IV. How will we Regulate these Matters into the Future? 58 V. To be Effective, Law is Compulsory 59 VI. Brexit as End Point or Starting Point 59 VII. To Brexit or Not to Brexit? 62 VIII. Persons 63 IX. The Rights of the Four Million 64 X. Conclusions 65 XI. The Quality of our Dialogue 65 5. The Interplay between EU Law and WTO Law: When the Legality of EU Acts is at Stake 68 Introduction 68 I. Relationship between EU Law and International Law 69 II. The WTO Agreements 72 Conclusion 82 PART II: EU POLICIES 84 1. Persons 86 6. The External Dimension of Union Citizenship in Extradition 88 Introduction 88 I. Overview of the Case Law 90 II. Some Reflections on Four Aspects of that Case Law 96 Conclusion 101 7. Some Notes on the Fundamental Right to Liberty and Security of Person in the EU Legal Order 102 I. Preliminary Specifications 102 II. The Antecedents of Article 6 of the EU Charter 103 III. Parallels of Article 6 of the EU Charter in International Law 104 IV. The Reasons for the Inclusion of the Right to Liberty and Security of Person in the EU Charter 105 V. Article 6 of the EU Charter as a Parameter of Validity for EU Legislation 106 VI. The Main Categories of EU Legislative Acts Impinging on the Right to Liberty and Security of Person 107 VII. The Cases of Deprivation of Liberty of Person Admitted by Article 6 of the EU Charter 109 VIII. The Deprivation of Liberty to Prevent a Person from Effecting an Unauthorised Entry in a Country or With a View to his Deportation or Extradition 110 8. L’arrêt C. K. c/ Slovénie: Une Importante Contribution à l’humanisation du « Système de Dublin » 114 I. Introduction 114 II. Les Faits de l’affaire et les Questions Préjudicielles Posées 118 III. Les Conclusions de l’avocat général 120 IV. L’arrêt de la Cour 121 V. Commentaire 123 2. Competition 132 9. The Limits of Collusion under Article 101(1) TFEU 134 I. Introduction 134 II. Ontological Limits: Collusion as Coordination 138 III. Normative Limits: Additional Substantive Conditions 144 IV. Conclusion 151 10. EU Competition Law and Parental Liability: The Akzo II Case 154 Introduction 154 I. Approaches to Parental Liability for Competition Infringements 154 II. The Evolution of EU Case Law as Regards Parental Liability 158 III. The Nature of Parental Liability in EU Competition Law 161 IV. The Akzo II Case 165 Conclusion 167 11. The ECJ Intel Judgment and the Assessment of Fidelity Rebates 170 Introduction 170 I. The Per Se Approach of the Intel General Court Judgment 171 II. The ECJ Judgment: When Procedure becomes Substance 174 III. The Relevance of Economic Analysis in the Aftermath of the ECJ Intel Judgment 178 Conclusion 182 12. Towards 170 Years of Competition Policy in Portugal: Past and Future Perspectives in Light of the Implementation of the ECN+ Directive 184 I. Introduction 184 II. The Importance of Agency Independence 186 III. The Nature of Investigations Leading to the Imposition of Penalties in the ECN+ Directive 187 IV. The Roots of Antitrust Policy in Portugal 188 V. Conclusions: Learning Experiences 197 PART III: IN COURTS WE TRUST 200 13. Dealing with Privilege Claims in International Arbitration: A Pragmatic Approach 202 Introduction 202 I. Dealing with Privilege and Professional Secrecy 203 II. Existing Guidance in Arbitration-Related Laws and Rules 207 III. Conflicting Applicable Rules 211 IV. Application of Standards 215 V. Pragmatic Proposals ‘ad usum delphini’ 217 Conclusion 219 14. La saga Kendrion–Gascogne: Vous avez dit « durée raisonnable » ? 222 I. Responsabilité extracontractuelle de l’Union européenne 222 II. Responsabilité de l’Union européenne pour violation du délai raisonnable par l’une de ses juridictions 223 Conclusion : Tout ça pour ça ? 229 15. The Right of any Court or Tribunal of a Member State to Request a Preliminary Ruling from the Court of Justice of the European Union 230 I. Introduction 230 II. The Right of National Courts or Tribunals to Request a Preliminary Ruling cannot be Limited by the Parties to the Main Proceedings 231 III. The Right of National Courts or Tribunals to Request a Preliminary Ruling cannot be Limited by National Law 232 IV. The Right of National Courts or Tribunals to Request a Preliminary Ruling cannot be Limited by the Nature of the Proceedings in the Main Action 233 V. The Right of National Courts or Tribunals to Request a Preliminary Ruling cannot be Limited by Higher Jurisdictions 234 VI. The Right of National Courts or Tribunals to Request a Preliminary Ruling cannot be Limited by Constitutional Proceedings 235 VII. The Right of National Courts or Tribunals to Request a Preliminary Ruling to the Court of Justice cannot be Limited by EU Law 236 16. Les relations entre juridictions en Europe 238 17. The Dialogue between Courts in the so-called Taricco Saga 252 18. De l’articulation entre renvoi préjudiciel en validité et recours en annulation : Pour une lecture constructive de l’arrêt Georsgmarienhütte 260 Index 268 French Index 280 "This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted"-- Provided by publisher "This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law, internal market, free movement of persons, and judicial review), scholars assess his legacy. Through this prism, the story of EU law can be charted"-- Provided by the publisher This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by Jose Luis da Cruz Vilaca. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted