Article 260(2) TFEU: An Effective Judicial Procedure for the Enforcement of Judgments?

Article 260(2) TFEU (ex 228(2) EC) enables the European Court of Justice to enforce compliance with its judgements. This article analyses its use in doing so and questions whether it could be applied more effectively. It commences by highlighting the principally economic and environmental context of the case-law, and by examining the initiatives taken to tackle delays in bringing these cases before the Court. The article then critically evaluates the effectiveness of the financial sanctions available to the Court. In doing so, it aims to fill a gap in present research by looking beyond the procedural measures through which the Court and the Commission operate to examine the practical impact of Article 260(2) itself.

The Rank of Queen's Counsel: Judicial Perspectives

The rank of queen's counsel, granted under the royal prerogative, has been part of the architecture of the legal profession and legal system since 1594 but has undergone many changes in that time, including most recently the adoption of new selection procedures. Recent cases in Northern Ireland have raised the question - what is the legal position of queen's counsel? By examining decided cases in context, this paper aims to explain judicial perspectives on what it means to be a QC.

Rewarding Merit in Judicial Appointments?: A research project undertaken by the School of Law, Queen’s University Belfast for the Northern Ireland Judicial Appointments Commission

This research involved carrying out an online survey using a number of vignettes/scenarios to explore understandings and attitudes to judicial appointments. This sort of survey is relatively novel in this context and provided a useful way of understanding how a range of factors such as merit and seniority, career paths and connections, as well as gender and visibility, are perceived as operating within the appointments system. The research also involved a series of focus group interviews with a number of individuals with various professional backgrounds and at different levels of seniority. These, and a limited number of individual interviews, afforded an opportunity to explore more closely some of the themes arising from the scenarios as well as a chance to look in some depth at some of the views and concerns of a range of members of the legal professions.

Building upon the previous research project, this work was less concerned with revisiting earlier themes and more interested in exploring how the idea of “merit” as a governing factor in judicial appointment is seen as working in practice, and whether it is perceived as being most likely to be found within particular career profiles. We also investigated issues such as the possible development of formal and informal pathways to a judicial career and practical problems such as how an applicant might become known to the senior judiciary, and the importance of this. Overall our interest was primarily in developing an understanding of how gender is perceived to operate in the appointments process and how any barriers to recruiting women, particularly to the senior judiciary, could be further broken down.

European Union Cross-Border Cooperation and Conflict Amelioration

The relevance of European Union (EU) cross-border cooperation for European border con?ict amelioration may be questioned in the contemporary global climate of threat and insecurity posed by forces of ’dark globalisation’. In any case, empirical evidence exposes the limitations of cross-border cooperation in advancing con?ict amelioration in some border regions. Nevertheless, in an enlarged EU which encompasses Central and East European member states and reaches out to neighbouring states through cross-border cooperation initiatives, the number of real and potential border con?icts with which it is concerned has risen exponentially. Fortunately, there are cases of EU ’borderscapes’ that have adopted a cross-border ’peace-building from below’ approach leading to border con?ict amelioration. Unfortunately, countervailing pressures on EU cross-border cooperation from border security regimes (principally Schengen), the Eurozone crisis, EU budgetary constraints, the conceptualisation of ’Europe as Empire’, and the possible recon?guration of the EU itself compromises this approach. Therefore, the path of European integration may well shift from one of inter-state peace-building and regional crossborder cooperation after the Second World War, to border con?ict and coercion in constituting and reconstituting state borders after the recon?guration of the EU.

Financial Taxes and the Sand in the Wheels of Financialization:Legal Challenges for the EU Directive Implementing Enhanced Cooperation in the Area of Financial Transaction Tax

One of the many results of the Global Financial Crisis was the insight that the financial sector is under-taxed compared to other industries. In light of the huge bailouts and continued subsidies for financial institutions that are characterized as too-big-to-fail demands came on the agenda to make finance pay for the mega-crisis it caused. The most prominent examples of such taxes are a Financial Transaction Tax (FTT) and a Financial Activities Tax (FAT). Possible effects of such taxes on the economic constitution and increasingly in particular on the European Single Market have been discussed controversially over the last decades already. Especially with the decision of eleven EU member states to adapt an FTT using the enhanced cooperation procedure a number of additional legal challenges for implementing such a tax have emerged. This paper analyzes how tax measures of indirectly regulating the financial industry differ, what legal challenges they pose, and what their overall contribution would be in making the financial system more stable and resilient. It also analyzes the legal arguments against enhanced cooperation in this area and the legal issues related to the British lawsuit against the Commission’s Directive proposal in the European Court of Justice on grounds of the extra-territoriality application of tax. The paper concludes that the feasibility of an FTT is legally sound and given the FTT’s advantages over a FAT the EU Directive should be implemented as a first step for a European-wide FTT. However, significant uncertainties about its implementation remain at this stage.