| 1. |
- Rauchegger, Clara, et al.
(författare)
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Introduction
- 2019
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Ingår i: The Eurosceptic Challenge National Implementation and Interpretation of EU Law. - Oxford : Hart Publishing. - 9781509927654 ; , s. 1-4
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 2. |
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| 3. |
- Šadl, Urška, et al.
(författare)
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‘The referring court asks, in essence’: Is reformulation of preliminary questions by the Court of Justice a decision writing fixture or a decision‐making approach?
- 2019
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Ingår i: European Law Journal. - : Wiley. - 1351-5993 .- 1468-0386. ; 25:4
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Tidskriftsartikel (refereegranskat)abstract
- The Court of Justice can rephrase or otherwise depart from the questions referred to it by national courts under Article 267 of the Treaty of the Functioning of the European Union. It does so routinely: a practice known as reformulation. Legal literature often argues that reformulation is used to clarify national court questions and bring them within the scope of European Union law. The aim of the present article is to explore this claim systematically. To this end, it compiles a unique dataset consisting of the Orders for Reference, in which the referring courts embed the preliminary questions, and the judgments, in which the Court of Justice communicates the answers. The findings suggest that reformulation is a decision‐making approach rather than a fixture of decision writing. It's main function is to neutralize conflicts and Europeanise disputes. It underlines the Court's power to shape the preliminary ruling procedure and its outcomes.
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| 4. |
- Storskrubb, Eva, et al.
(författare)
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Judicial Cooperation in Civil Matters – Coming of Age?
- 2018
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Ingår i: The Routledge Handbook of Justice and Home Affairs Research, ed Ariadna Ripoll Servent and Florian Trauner. - : Routledge. - 9781138183759 ; , s. 203-214
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 5. |
- Wallerman, Anna, 1985
(författare)
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A Day in the Life: Aryanization Before the Swedish Supreme Court 1941–42
- 2018
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Ingår i: Law and History Review. - 0738-2480. ; 36:3, s. pp. 593-617
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Tidskriftsartikel (refereegranskat)abstract
- This article examines the jurisprudence of the Swedish Supreme Court during WW2 in disputes between exiled Jewish business owners and the Nazi-appointed administrators of their companies over the rights to the enterprises’ assets in Sweden. Contrary to assertions in previous scholarship, this article argues that the judgments of the Supreme Court were dictated neither by moral indignation in the face of the treatment of Jews in the Third Reich, nor by political considerations in a time of war. Instead, they were based on principles of private international law that predated, and outlived, the Third Reich. The outcome of the cases hinged upon whether the claim to Swedish assets arose before or after the date when the enterprise was placed under forced administration. If before, the claims of the Jewish owners were in principle successful; if after, they were not. This reasoning was well in line with both previous and subsequent case law on confiscations effected abroad. The article therefore concludes that the Swedish Supreme Court's judgments on Jewish assets in Sweden should be viewed not as outflows of extrajudicial considerations, but rather as failures to recognize political or ethical responsibility.
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| 6. |
- Wallerman, Anna, 1985, et al.
(författare)
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An Empirical Approach to Separation of Powers Research in the EU – Introducing the SepaRope Judiciary Dataset
- 2022
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- The idea that public powers should be shared between the legislature, the executive, and the judiciary is foundational in constitutional theory as well as practice. While separation of powers is, as a concept, well established, its meaning is not. This is particularly true in the case of the EU, whose institutional set-up and the allocation of powers does not reflect the traditional trias politica. Against this background, the project Separation of Powers for 21st Century Europe examines how, within the EU, the different branches and levels of government co-determine each other's powers, how they contribute to or hinder democratic will-formation, and how they serve or fail to serve as each other's checks and balances. In this paper, we describe the first results of an empirical analysis of the EU Court of Justice's exercise of public powers in relation to other EU and Member State actors. Our observations not only enrich traditional, doctrinal legal analysis of individual judgments, but also help us identify accountability and legitimacy gaps in the EU constitutional infrastructure, ultimately forming the basis for the construction of empirically-grounded principles for strengthening and maintaining a feasible separation of powers concept in the EU.
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| 7. |
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| 8. |
- Wallerman, Anna, 1985
(författare)
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Can Two Walk Together, Except they be Agreed? Preliminary References and (the Erosion of) National Procedural Autonomy
- 2019
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Ingår i: European Law Review. - 0307-5400. ; 44:2, s. 159-177
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Tidskriftsartikel (refereegranskat)abstract
- The Court of Justice’s case law on procedures and remedies before national courts has been highly scrutinised and often criticised, in particular for intruding on the procedural autonomy of the Member States. This article argues that the responsibility for such a development lies at least partially with the national courts. Drawing on an empirical analysis as well as in-depth case studies, the article shows that national courts requesting preliminary references from the Court often actively seek an answer promoting European integration over national autonomy. Furthermore, the analysis suggests that, when a national court assertively argues for the preservation of national procedural rules, it has a comparatively good chance of persuading the Court of Justice. The article concludes that there is still a case to be made for national procedural autonomy, but the success of that case depends upon the national courts’ use of the preliminary reference procedure.
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