In-house lawyers of NRAs may not represent their clients before the European Court of Justice: A case note on UKE (2011). Research Papers in Law, 3/2011

From the Introduction. It is not frequent for a National Regulation Authority (NRA) to bring an action against the Commission decision and, cynically speaking, case Prezes Urzędu Komunikacji Elektronicznej2 v Commission3 shows that the avoidance of a sweeping retaliation may be one of the reasons for it. The General Court followed the Commission‟s argument that, notwithstanding the peculiarities of the employment conditions of the Polish Regulator‟s legal counsel giving it virtually full independence, as well as the fact that the Polish law itself does not differentiate between in-house counsel and third party attorneys, the claim should be rejected on the grounds of inadmissibility. The GC based its judgment on Art 19 of the Statute of the Court of Justice4, which requires that, with the exception of the Member States' Governments and the EU Institutions, parties to the dispute must be represented by a lawyer. In so doing, the Court explicitly referred to the infamous Akzo Nobel Chemicals and Akcros Chemicals v Commission5 and EREF v Commission6. Most importantly, the Court stated that the lawyers representing Prezes Urzędu Komunikacji Elektronicznej (UKE) are bound to enjoy a degree of independence inferior to that of lawyers who are not linked to their clients by an employment contract7.

An Exercise in Legal Honesty: Re-writing the Court of Justice and the Bundesverfassungsgericht. IHS Political Science Series No. 136, February 2014

At a time of crisis – a true state of emergency – both the Court of Justice of the European Union and the German Federal Constitutional Court have failed the rule of law in Europe. Worse still, in their evaluation of the ersatz crisis law, which has been developed in response to financial and sovereign debt crises, both courts have undermined constitutionality throughout Europe. Each jurisdiction has been implicated within the techocratisation of democratic process. Each Court has contributed to an incremental process of the undermining of the political subjectivity of European Citizens. The results are depressing for lawyers who are still attached to notions of constitutionality. Yet, we must also ask whether the Courts could have acted otherwise. Given the original flaws in the construction of Economic and Monetary Union, as well as the politically pre-emptive constraints imposed by global financial markets, each Court might thus be argued to have been forced to suspend immediate legality in a longer term effort to secure the character of the legal jurisdiction as a whole. Crisis can and does defeat the law. Nevertheless, what continues to disturb is the failure of law in Europe to open up any perspective for a return to normal constitutionality post crisis, as well as its apparent inability to give proper and honest consideration to the hardship now being experienced by millions of Europeans within crisis. This contribution accordingly seeks to reimagine each Judgment in a language of legal honesty. Above all, this contribution seeks to suggest a new form of post-national constitutional language; a language which takes as its primary function, proper protection of democratic process against the ever encroaching powers of a post-national executive power. This contribution forms a part of an on-going effort to identify a new basis for the legitimacy of European Law, conducted jointly and severally with Christian Joerges, University of Bremen and Hertie School of Government, Berlin. Differences do remain in our theoretical positions; hence this individual essay. Nevertheless, the congruence between pluralist and conflict of law approaches to the topic are also readily apparent. See, for example, Everson & Joerges (2013).

Reading framework for the National Assessment of Educational Progress, 1992-1998 : NAEP reading consensus project /

Shipping list no.: 97-0079-P.

Plenary papers of the 1999 Conference on Criminal Justice Research and Evaluation--enhancing policy and practice through research.

"Sept. 2000" (v. 3).

Homelessness : programs and the people they serve : findings of the National Survey of Homeless Assistance Providers and Clients : summary /

"December 1999."

Preventing school violence : plenary papers of the 1999 Conference on Criminal Justice Research and Evaluation /

"May 2000."

Caring for people with severe mental disorders : a national plan of research to improve services.

"Printed 1991"--P. [4] of cover.

The Law reports of the Incorporated Council of Law Reporting.

Editor: Sir Frederick Pollock.

The Law reports of the Incorporated Council of Law Reporting.

Editor; Frederick Pollock.

The Law reports of the Incorporated Council of Law Reporting.

Editors: 1891-1894, A.P. Stone; 1895-1900, Frederick Pollock.

Report of the Overseas committee of the War work council of the Young women's Christian association, 1917-1920;

Mode of access: Internet.

The work of the American Red cross. Report by the War council of appropriations and activities from outbreak of war to November 1, 1917.

Mode of access: Internet.

Water supply and drainage in buildings : proceedings of an international symposium, September 28-30, 1976, National Academy of Sciences, Washington, D.C. /

"CODEN: XNBSAV."

A report on the National Seminar of American Indian Women, held August 2-8, 1970 at Colorado State University, Fort Collins, Colorado.

Sponsored by the Country Women's Council, U.S.A. and the Associated Country Women of the World societies in the United States.

National estimates of children missing involuntarily or for benign reasons /

Shipping list no.: 2005-0220-P.