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- Öberg, Jacob, 1982-
(författare)
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The German Federal Constitutional Court’s PSPP Judgment : Proportionality Review Par Excellence
- 2020
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Annan publikation (refereegranskat)abstract
- The analysis departs from the FCC’s stringent proportionality review to elaborate an argument on what intensity of review should be adopted when reviewing the ECB’s economic policies. Building on previous scholarly analyses (Öberg) and relevant Court case law( Spain v Council and Vodafone,) it suggests that the proper standard of proportionality analysis should primarily be guided by the nature of the actions by EU agencies and their relative discretion in taking such actions. This argument suggests that general legislative acts where EU agencies or institutions exercise some discretion should be subject to more deferential review whilst administrative decisions (being characterised by a more limited discretion on part of the institution or agency) should be subject to more intense judicial scrutiny. It concludes that the FCC was thus in principle right to criticise the Court of Justice’s approach to proportionality review of the ECB’s exercise of its discretion.
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European Integration Outside-In: Third Country Influence on EU Law and Policy Making
- 2023
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Ingår i: Journal of Common Market Studies. - 1468-5965.
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Annan publikation (refereegranskat)abstract
- The study of European integration has traditionally focused "inside-in" on the internal development of common laws and policies. With the maturing of the single market and the evolution of EU external relations, attention has shifted beyond the EU to the ways in which the EU intentionally and unintentionally projects its norms beyond its borders - the "inside-out" dynamics of European integration. This panel explores a step further in the research on EU integration: the reverse influence of third countries on EU laws and policies.The inside-out movement was reflected in the processes of EU enlargements; the intensification of association relations with western, southern and eastern neighbouring countries which, either willingly or unwillingly, did not join the EU; and the development of EU actorness in trade, foreign and security relations. Three decades later, association relations with the EEA/EFTA countries, Switzerland, the countries of the European Neighbourhood Policy (ENP), and other privileged trade partners have tightened mutual political, administrative, and legal links between the EU and the countries in its neighbourhood. The participation of third countries in the EU’s structures, programmes and policies, and their adoption of EU norms is increasingly studied alongside the EU's internal differentiation under the notion of external differentiated integration. The UK's withdrawal from EU membership has moved the country into this category of deeply interdependent third countries, giving new urgency to the search for sustainable arrangements that foster association while preserving the autonomy of both parties. An increasingly challenging geopolitical context including Russia's war against Ukraine, new East-West antagonisms as well as mounting transnational challenges such as the fight against climate change, migration policy, and energy supply have added to the importance of finding flexible solutions to sustain partnerships with associated countries.This conjuncture of consolidating ties and sharing external challenges warrants the opening up of EU-studies towards greater attention to factors that influence the process of European integration beyond the EU and its member states. The Special Issue explores third country influence from the perspective of differentiated integration. It discusses the levels at and venues through which third countries can exert influence, and the legal and the legal constraints and political implications of these processes.
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Gardens of Justice : Critical Legal Conference 2012
- 2012
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Annan publikation (refereegranskat)abstract
- The theme for this year’s Critical Legal Conference is “Gardens of Justice”. Although the theme may be interpreted in different ways, it suggests thinking about law and justice as a physical as well as a social environment, created for specific purposes, at a certain distance from society and yet as an integral part of it. The theme also invites you to think about justice as a concrete metaphor rather than an abstract concept. Just like any ordinary garden, legal institutions affect both people working in them and people who are just passing through their arrangements.The theme “Gardens of Justice” further suggests a plurality of justice gardens that function together or that are at times at odds with each other. There are for instance well ordered French gardens, with meticulously trimmed plants and straight angles, but that also plays tricks on your perception. There are English gardens that simultaneously look natural – un-written – and well kept, inviting you to take a slow stroll or perhaps sit down and read a book. There are closed gardens, surrounded by fences, and with limited access for ordinary people. There are gardens organized around ruins, let’s call them Roman gardens, where you can get a sense of the historical past, but without feeling threatened by its strangeness. There are Japanese stone gardens made for meditation rather than movement. There are zoological gardens, where you can study all those animal species that do not have a proper sense of justice, no social contracts, no inequality and social injustice, and no legal systems. There is, indeed, the Jungle, a real or imaginary place outside the Gardens of Law.
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- Kelemen [Capannini-Kelemen], Katalin, Associate Professor, 1980-
(författare)
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A common law jogrendszerek
- 2018
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Annan publikation (refereegranskat)
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