The Legal Status and Influence of Decisions of International Organizations and other Bodies in the European Union. College of Europe Research Paper in Law 01/2014

Introduction. The European Union’s external action is not only defined by its influence on international developments, but also by its ability and the need to respond to those developments. While traditionally many have stressed the EU’s ‘autonomy’, over the years its ‘dependence’ on global developments has become more clear.2 International law has continued to play a key role in, not only in the EU’s external relations, but also in the Union’s own legal order.3 The purpose of this paper is not to assess the role or performance of the EU in international institutions.4 Rather it purports to reverse the picture and focus on a somewhat under-researched topic: the legal status of decisions of international organizations in the EU’s legal order.5 While parts of the status of these decisions relate to the status of international agreements and international customary law, it can be argued that decisions of international organizations and other international bodies form a distinct category. In fact, it has been observed that “this phenomenon has added a new layer of complexity to the already complex law of external relations of the European Union”.6 Emerging questions relate to the possible difference between decisions of international organizations of which the EU is a member (such as the FAO) and decisions of organizations where it is not (irrespective of existing competences in that area – such as in the ILO). Questions also relate to the hierarchical status of these decisions in the EU’s legal order and to the possibility of them being invoked in direct or indirect actions before the Court of Justice. This contribution takes a broad perspective on decisions of international organizations by including decisions taken in other international institutions which do not necessarily comply with the standard definition of international organizations,7 be it bodies set-up by multilateral conventions or informal (transnational / regulatory) bodies. Some of these bodies are relatively close to the EU (such as the Councils established by Association Agreements – see further Section 5 below); others operate at a certain distance. Limiting the analysis to formal international organizations will not do justice to the manifold relationships between the European Union and various international bodies and to the effects of the norms produced by these bodies. The term ‘international decisions’ is therefore used to refer to any normative output of international institutional arrangements.

The Court of Justice of the European Union. College of Europe Research Paper in Law 02/2014

The Court of Justice of the European Union is one of the institutions of the Union. Praised by some as the relentless and steady motor of European integration and attacked by others as an example of a clearly biased institution, more ink has perhaps been spilled over the years on discussing the (de)merits of the Court of Justice than any other Union institution. In face of such considerable literature coming from legal, political science, sociological, and more recently also historical quarters, this chapter cannot but scratch the surface of the vast topic by providing a concise introduction into selected institutional themes in a legal1 and, where possible, diachronic perspective: the structure of the Union courts located in Luxembourg; basic information about the type of judicial business the Court of Justice carries out; the composition of the Court of Justice, including the recent changes made to the way in which judges and advocates-general are selected; the often discussed style and structure of the judgments; and, finally, the even more frequently discussed and recurring question of the legitimacy of the Court of Justice.

Judicial Selection, Lay Participation, and Judicial Culture in the Czech Republic: A Study in a Central European (Non)Transformation. College of Europe Research Paper in Law 03/2014

Introduction. The idea that “merit” should be the guiding principle of judicial selections is a universal principle, unlikely to be contested in whatever legal system. What differs considerably across legal cultures, however, is the way in which “merit” is defined. For deeper cultural and historical reasons, the current definition of “merit” in the process of judicial selections in the Czech Republic, at least in the way it is implemented in the institutional settings, is an odd mongrel. The old technocratic Austrian judicial heritage has in some aspects merged with, in others was altered or destroyed, by the Communist past. After 1989, some aspects of the judicial organisation were amended, with the most problematic elements removed. Furthermore, several old as well as new provisions relating to the judiciary were struck down by the Constitutional Court. However, apart from these rather haphazard interventions, there has been neither a sustained discussion as to how a new judicial architecture and system of judicial appointments ought to look like nor much of broader, conceptual reform in this regard. Thus, some twenty five years after the Velvet Revolution of 1989, the guiding principles for judicial selection and appointments are still a debate to be had.

La Banque centrale européenne et la nouvelle gouvernance économique européenne: le défi de l’intégration différenciée = The European Central Bank and the new European economic governance: the challenge of differential integration. Research Paper in Law 01/2015

No abstract.

Drivers of populism - A four-country comparison of party communication in the run-up to the 2014 European Parliament elections

The aim of this paper is to analyze what different types of populist communication styles emerged during the 2014 EP election campaign and under which conditions political parties selected specific populist communication styles. To do this, a comparative quantitative content analysis of press releases in the run-up of the latest EP elections has been conducted for parties in France, Germany, Austria and Greece. The paper presents a definition of populism based on the contemporary academic discourse, which focuses on the transnational nature of the European political field. It is shown that populist party communication is more pronounced on the fringes of the political spectrum and in countries struggling with severe macroeconomic difficulties. Contrary to intuitive expectations, the perceived populist rhetoric of exclusivity in the context of the European sovereign debt crisis, which is identified as a central feature of right-wing populism, barely takes place within populist party communication.

A syllabus for Communication in business management /

Mimeographed.

Reports of cases in law and equity determined in the Supreme Court of the State of New York /

"Table of cases reported in the 67 volumes ... which have been affirmed, reversed, approved, overruled, &c.": v. 67, p. [603]-657.

English reports in law and equity: containing reports of cases in the House of Lords, Privy Council, courts of equity and common law; and in the admiralty and ecclesiastical courts; including also cases in bankruptcy and crown cases reserved.

Mode of access: Internet.

The law of charitable uses, rev. and much enl.; with many cases in law both antient and modern: whereunto is now added,the learned reading of Sr Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses, (who was a member of that Parliament when that statute was made, and the penner thereof.) Abridged by himself, and now printed by his own original manuscript. Together, with the manner of proceedings in Chancery, by information, in the name of the King's attorney-general, for relief, on divers cases, wherein the aid of this statute is not required ... Methodically digested,

Error in paging: p. 183-184 repeated in numbering.

A chart book of indicators of scientific & technical communication in the United States /

"Prepared by Donald W. King, Barbara L. Wood, and Charles G. Schueller.

Education for a career in law /

Mode of access: Internet.

English reports in law and equity : containing reports of cases in the House of Lords, Privy Council, Courts of Equity and Common Law; and in the Admiralty and Ecclesiastical Courts, including also cases in bankruptcy and crown cases reserved, [1850-1857]

Includes indexes.

The form of process, before the Lords of Council and Session, observed in advocations, ordinary actions, suspensions : shewing also, the manner of making protestations for remedy in law, and how summons thereon was brought before the Parliament of Scotland : and the way how, since the union, such process is laid before the House of Peers : with the form of process before the Lords of Session, as commissioners appointed by Parliament, for plantation of kirks, valuation and sale of tythes : to all which is prefix'd the present state of the College of Justice, giving an account of the members thereof, and of the order observed by the Lords of Session in judging causes : with the fees and prices of writs paid to the several offices and members of the session : written for the use of students in Spotiswood's College of Law /

Mode of access: Internet.

An enquiry into the power of dispensing with penal statutes : together with some animadversions upon a book writ by Sir Edw. Herbert ... entituled, A short account of the authorities in law, upon which judgment was given in Sir Edward Hales's case /

Includes bibliographical references.