The Experts below are selected from a list of 169842 Experts worldwide ranked by ideXlab platform
Nicolas Petit - One of the best experts on this subject based on the ideXlab platform.
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the judgment of the eu Court of Justice in intel and the rule of reason in abuse of dominance cases
Social Science Research Network, 2017Co-Authors: Nicolas PetitAbstract:This paper discusses the judgment of the EU Court of Justice of 06 September 2017 in the Intel case. It argues that the case-law of the Court of Justice has now embraced the rule of reason for the assessment of the legality of dominant undertakings exclusivity rebate systems in particular, and for the analysis of exclusionary practices in general. The judgment also establishes that efficiency is the public policy behind abuse of dominance law. This evolution of the case-law is likely to produce consequences in competition enforcement, by increasing reliance on tools like the "As Efficient Competitor" test, if not to make recourse to it unavoidable when the competition agency has publicly expressed a policy preference for this framework of analysis.
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the judgment of the european Court of Justice in vebic filling a gap in regulation 1 2003
Journal of European Competition Law & Practice, 2011Co-Authors: Nicolas PetitAbstract:A recent reform of European Union (EU) competition law may have gone unnoticed. In VEBIC, the Grand Chamber of the Court of Justice of the European Union (ECJ) reworded Article 5 of Regulation 1/2003. This provision sets out the powers that Member States must bestow upon those organs which they have to designate as National Competition Authorities (NCAs) under Article 35. Following VEBIC, the new, tentative wording of Article 5 should read as follows:
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the judgment of the european Court of Justice in vebic filling a gap in regulation 1 2003
Social Science Research Network, 2011Co-Authors: Nicolas PetitAbstract:With its ruling in VEBIC, the Court of Justice of the EU clarifies the prerogatives of National Competition Authorities under Regulation 1/2003 and paves the way towards regulatory reform in Belgium, and possibly in other EU Member States.
Daniel R Kelemen - One of the best experts on this subject based on the ideXlab platform.
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the evolving judicial politics of european integration the european Court of Justice and national Courts revisited
European Law Journal, 2019Co-Authors: Tommaso Pavone, Daniel R KelemenAbstract:This article analyzes how the judicial politics sparked by the European Union's (EU) legal development have evolved over time. Existing studies have traced how lower national Courts began cooperating with the European Court of Justice (ECJ) to apply EU law because this empowered them to challenge government policies and the decisions of their domestic judicial superiors. We argue that the institutional dynamics identified by this ‘judicial empowerment thesis’ proved self‐eroding over time, incentivizing domestic high Courts to reassert control over national judicial hierarchies and to influence the development EU law in ways that were also encouraged by the ECJ. We support our argument by combining an analysis of a dataset of cases referred to the ECJ with comparative case study and interview evidence. We conclude that while these evolving judicial politics signal the institutional maturation of the EU legal order, they also risk weakening the decentralized enforcement of European law
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introduction the european Court of Justice and legal integration perpetual momentum
Journal of European Public Policy, 2012Co-Authors: Daniel R Kelemen, Susanne K SchmidtAbstract:The European Court of Justice (ECJ)1 has played an indispensible role as a motor of European integration. In judgments addressing the balance between national and supranational authority, the Europ...
Susanne K Schmidt - One of the best experts on this subject based on the ideXlab platform.
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the european Court of Justice and its political impact
West European Politics, 2017Co-Authors: Michael Blauberger, Susanne K SchmidtAbstract:This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels. New quantitative as well as qualitative an...
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the european Court of Justice and its political impact
Social Science Research Network, 2017Co-Authors: Michael Blauberger, Susanne K SchmidtAbstract:This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels. New quantitative as well as qualitative analyses show with great empirical precision that member state preferences guide the Court. The article summarises these findings, but argues that greater attention needs to be given to the over-)constitutionalisation of EU law in order to fully capture the political impact of ECJ jurisprudence. Even if European judges are less activist than is often assumed and individual decisions are more restrained in the face of member state opposition, incrementally, case law evolves in a highly expansive fashion. And, exercising caution regarding unrealistic expectations about quasi-deterministic judicial law-making, it is found that the Court’s constitutionalised jurisprudence impacts heavily on European and member state policy-making.
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introduction the european Court of Justice and legal integration perpetual momentum
Journal of European Public Policy, 2012Co-Authors: Daniel R Kelemen, Susanne K SchmidtAbstract:The European Court of Justice (ECJ)1 has played an indispensible role as a motor of European integration. In judgments addressing the balance between national and supranational authority, the Europ...
Karen J Alter - One of the best experts on this subject based on the ideXlab platform.
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a new international human rights Court for west africa the ecowas community Court of Justice
American Journal of International Law, 2013Co-Authors: Karen J Alter, Laurence R Helfer, Jacqueline R McallisterAbstract:The Community Court of Justice of the Economic Community of West African States (ECOWAS Court) is an increasingly active and bold adjudicator of human rights. Since acquiring jurisdiction over human rights complaints in 2005, the ECOWAS Court has issued numerous decisions condemning human rights violations by the member states of the Economic Community of West African States (Community). Among this Court’s path-breaking cases are judgments against Niger for condoning modern forms of slavery and against Nigeria for impeding the right to free basic education for all children. The ECOWAS Court also has broad access and standing rules that permit individuals and nongovernmental organizations (NGOs) to bypass national Courts and file suits directly with the Court. Although the Court is generally careful in the proof that it requires of complainants and in the remedies that it demands of governments, it has not shied away from politically courageous decisions, such as rulings against the Gambia for the torture of journalists and against Nigeria for failing to regulate multinational companies that have degraded the environment of the oil-rich Niger Delta.
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transplanting the european Court of Justice the experience of the andean tribunal of Justice
Social Science Research Network, 2012Co-Authors: Karen J Alter, Laurence R Helfer, Osvaldo SaldiasAbstract:Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of nearly a dozen copies of the European Court of Justice (ECJ), and the third most active international Court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplants, neofunctionalist theory, and the spread of European ideas and institutions, explaining how the intersection of these literatures informs the study of supranational judicial transplants. The article next explains why the Andean Pact’s member states decided to add a Court to their regional integration initiative, why they adapted the European Community model, and how the ECJ’s existence has shaped the evolution of Andean legal doctrine and the political space within which the ATJ operates. We conclude by analyzing how the ATJ’s experience informs the study of supranational transplants and theories of supranational legal integration more generally.
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transplanting the european Court of Justice the experience of the andean tribunal of Justice
American Journal of Comparative Law, 2012Co-Authors: Karen J Alter, Laurence R Helfer, Osvaldo SaldiasAbstract:Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international Court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplants, neofunctionalist theory, and the spread of European ideas and institutions, explaining how the intersection of these literatures informs the study of supranational judicial transplants. The article next explains why the Andean Pact's member states decided to add a Court to their regional integration initiative, why they adapted the European Community model, and how the ECJ's existence has shaped the evolution of Andean legal doctrine and the political space within which the ATJ operates. We conclude by analyzing how the ATJ's experience informs the challenges of supranational transplants and theories of supranational legal integration more generally.
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who are the masters of the treaty european governments and the european Court of Justice
International Organization, 1998Co-Authors: Karen J AlterAbstract:To what extent can the European Court of Justice (ECJ), an international Court, make decisions which go against the interests of EC member states? Neo-functionalist accounts imply that because it is a legal body the ECJ has vast political autonomy from the member states, while the neo-realist accounts imply that because member states can sanction the ECJ, the Court has no significant political autonomy. Both of these approaches overlook that the ECJ was once politically weak, and that the Court's current autonomy reflects significant unintended changes in the European and national legal systems. In explaining how the European Court escaped member state control, this article develops a general explanation of European Court autonomy, focusing on how differing time horizons of political and judicial actors, political support for the Court within the national judiciaries, and decision-making rules at the supranational level limit the member states' abilities to control the European Court.
Grainne De Burca - One of the best experts on this subject based on the ideXlab platform.
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after the eu charter of fundamental rights the Court of Justice as a human rights adjudicator
The Maastricht Journal of European and Comparative Law, 2013Co-Authors: Grainne De BurcaAbstract:This article examines the engagement by the Court of Justice of the European Union (CJEU) with the EU Charter of Fundamental Rights over the period since the Charter was made formally binding by the Lisbon Treaty in 2009. A survey of the output of the Court during that time reveals a sharp rise in the number of cases in which a provision of the Charter was cited or argued before the Court. Further, the Court has engaged substantively with and given prominence to the Charter argument in a growing number of these cases. In other words, the incidence of human rights adjudication before the CJEU has been significantly augmented by the adoption of the Charter as a binding legal instrument. The article considers the implications for the Court of Justice of the growing demand for it to function in certain cases as a human rights adjudicator. More particularly, it questions whether the long-standing judicial style and approach of the Court – its self-referential, formulaic and often minimalist style of reasoning – is appropriate to this expanded role. The article argues that the nature and context of the increasing number of human rights claims being made before the Court call for greater openness on the part of the CJEU to the use of international and comparative law and to the possibility of third party interventions. Further, and particularly given the evident unwillingness of the CJEU to countenance the practice of separate concurring or dissenting opinions, the Court should, particularly in cases involving human rights claims, rethink its increasingly frequent practice of dispensing with the opinion of an Advocate General.
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after the eu charter of fundamental rights the Court of Justice as a human rights adjudicator
The Maastricht Journal of European and Comparative Law, 2013Co-Authors: Grainne De BurcaAbstract:This article examines the engagement by the Court of Justice of the European Union (CJEU) with the EU Charter of Fundamental Rights over the period since the Charter was made formally binding by th...
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the principle of subsidiarity and the Court of Justice as an institutional actor
Journal of Common Market Studies, 1998Co-Authors: Grainne De BurcaAbstract:This article considers the impact of subsidiarity on the role of the Court of Justice as a policy actor. It considers briefly the meaning of the subsidiarity principle in the EC Treaty, and examines how the Court has engaged with this principle. Both the Court’s use of subsidiarity as a means of reviewing the other institutions, and its sensitivity to the principle in relation to its own interpretative role are analysed. The problematic tension between the institutional constraints of the Court’s role and methodology, and the requirements of the expanding culture of subsidiarity are explored.
