|Miles v European Schools|
|Court||European Court of Justice|
Miles v European Schools (2011) C-196/09 is an EU law case, concerning preliminary references to the Court of Justice of the European Union.
The Complaints Board of European Schools (set up under an international agreement between different member states and the EU, the European Schools Convention) sought to make a preliminary reference to the Court of Justice, and the question was whether it could do so under TFEU article 267.
The Court of Justice, Grand Chamber held that the Complaints Board of European Schools was a court, but not of a member state. This was different from the Benelux Court.
The Court of Justice, informally known as the European Court of Justice or "ECJ", is the supreme court of the European Union in matters of European Union law, and is considered by many 'the most powerful and influential international court that is realistically possible'. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its equal application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).
The General Court, informally known as the European General Court (EGC), is a constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance.
European Union law is a system of rules operating within the member states of the European Union. Since the founding of the Coal and Steel Community after World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law". The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, unanimously agreed by the governments of 27 member states. New members may join, if they agree to play by the rules of the organisation, and existing members may leave according to their "own constitutional requirements". People are entitled to participate through the Parliament, and their national governments in shaping the legislation the EU makes. The Commission has the initiative for legislation, the Council of the European Union represents member state governments, the Parliament is elected by European citizens, while the Court of Justice is meant to uphold the rule of law and human rights. As the Court of Justice has said, the EU is "not merely an economic union" but is intended to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples".
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009.
Joseph Halevi Horowitz Weiler is a South African-American academic, currently serving as European Union Jean Monnet Chair at New York University Law School and Senior Fellow of the Minda de Gunzburg Center for European Studies, Harvard.
The European Union (EU) consists of 27 member states. Each member state is party to the founding treaties of the union and thereby shares in the privileges and obligations of membership. Unlike members of other international organisations, the member states of the EU have agreed by treaty to shared sovereignty through the institutions of the European Union in some aspects of government. Member states must agree unanimously for the EU to adopt some policies; for others, collective decision making is by qualified majority voting. Subsidiarity, meaning that decisions are taking collectively if and only if they cannot realistically be taken individually, is a founding principle of the EU.
Flaminio Costa v ENEL (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law over the laws of its member states.
European Union (EU) concepts, acronyms, and jargon are a terminology set that has developed as a form of shorthand, to quickly express a (formal) EU process, an (informal) institutional working practice, or an EU body, function or decision, and which is commonly understood among EU officials or external people who regularly deal with EU institutions.
Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62 was a landmark case of the European Court of Justice which established that provisions of the Treaty Establishing the European Economic Community were capable of creating legal rights which could be enforced by both natural and legal persons before the courts of the Community's member states. This is now called the principle of direct effect. The case is acknowledged as being one of the most important, and possibly the most famous development of European Union law.
Julia Laffranque, is an Estonian jurist, judge, legal scientist, visiting professor of European law Justice at the Supreme Court of Estonia, Judge at the European Court of Human Rights 2011 - 2020. Since 4 June 2018 also a member of the Scientific Committee of the European Union Fundamental Rights Agency, earlier professor of European law at the University of Tartu. Since 2020 member of the Board of Trustees, the Foundation Academy of European Law Trier. In 2019 she was a candidate for the post of European Ombudsman.
Metock v Minister for Justice, Equality and Law Reform (2008) C-127/08 is an EU law case, significant in Ireland and Denmark, on the Citizens Rights Directive and family unification rules for migrant citizens. Citizenship of the European Union was established by Article 20 of the Treaty on the functioning of the European Union (TFEU) and the Citizenship Directive 2004/38 elaborates the right of Union citizens and their family members to move and reside freely in the territory of a member state, consolidating previous Directives dealing with the right to move and reside within the European Community (EC).
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State. A preliminary ruling is a final determinations of EU law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling.
The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon was signed by the EU member states on 13 December 2007, and entered into force on 1 January 2009. It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, and the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).
The Court of Justice of the European Union (CJEU) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also consisted of the Civil Service Tribunal. It has a sui generis court system, meaning ’of its own kind’, and is a supranational institution.
Johan Deckmyn and Vrijheidsfonds VZW vs Helena Vandersteen, Christiane Vandersteen, Liliana Vandersteen, Isabelle Vandersteen, Rita Dupont, Amoras II CVOH and WPG Uitgevers België is a preliminary ruling by the European Court of Justice. The reference concerned what conditions must be met for a derivative work to be considered a parody. Parodies are allowed under the Information Society Directive, in those countries that have indicated to apply the parody exception. The European Court of Justice indicated that the definition of the copyright exceptions was consistent throughout the EU ) and that to qualify the work must "evoke an existing work, while being noticeably different from it, and secondly, to constitute an expression of humour or mockery". The humour or mockery does not need to be directed towards the work itself, but it can also be mockery of something/someone else. When considering a parody-case the court should strike a fair balance between the rights of the rights holders of the original work, as the maker of the parody.
Maximilian Schrems is an Austrian activist and author who became known for campaigns against Facebook for privacy violation, including its violations of European privacy laws and alleged transfer of personal data to the US National Security Agency (NSA) as part of the NSA's PRISM program. Schrems is the founder of NOYB – European Center for Digital Rights.
Vaassen v Beambtenfonds Mijnbedrijf (1966) Case 61/65 is an EU law case, concerning preliminary references to the Court of Justice of the European Union.
Srl CILFIT v Ministry of Health (1982) Case 283/81 is an EU law case, concerning preliminary references to the Court of Justice of the European Union.
Criminal proceedings against Kenny Roland Lyckeskog (2002) C-99/00 is an EU law case, concerning preliminary references to the Court of Justice of the European Union.
Outright Monetary Transactions case (2014) BVerfGE 134, 366 is an EU law case, concerning preliminary references to the Court of Justice of the European Union.