tag:blogger.com,1999:blog-8704899696538705849.post6788182493849668402..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: When all the people in a district are victims of race discrimination: CJEU ruling in CHEZ v NikolovaSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-8704899696538705849.post-46154031102829089762015-08-07T17:06:40.437-07:002015-08-07T17:06:40.437-07:00But that is what the CJEU traditionally does, and ...But that is what the CJEU traditionally does, and lower national courts go along with it because it is a route to boosting their role within the national judicial system. Karen Alter has written about this process in detail. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-59291295843967502262015-08-07T11:46:52.202-07:002015-08-07T11:46:52.202-07:00I wonder if the national courts are really empower...I wonder if the national courts are really empowered by the EU court. Is it not so that they are empowered by the principle of state sovereignty since the peace in Westphalia. The states in turn has delegated certain powers to the EU institutions.<br />The national courts therefore should only have the powers that their national constitutions gives them, but in certain legal acts (EU law) an additional court is added in the mix (the EU court) which only has powers to finally interpret the EU law in the light of the EU constitution. In national law matters the national courts have their old powers intact.<br />I am afraid that saying "CJEU can empower lower national courts." risks confusing the matters (if you agree with me in the sources of power)wonders in wondernoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-84994081927872084382015-07-28T06:59:52.800-07:002015-07-28T06:59:52.800-07:00It's simply impossible to draft Treaty amendme...It's simply impossible to draft Treaty amendments covertly, there are too many formal steps to go through from the very start of the negotiation process. Starting with the Treaty of Nice negotiations most drafts circulated during Treaty negotiations are put online quickly. Ratification of Treaty amendments has to go through national parliaments; that can't be done covertly either.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-51028208350940846702015-07-28T06:31:53.907-07:002015-07-28T06:31:53.907-07:00Thanks, Steve.
I was of the same opinion. I am cer...Thanks, Steve.<br />I was of the same opinion. I am certain that even with the EUs covert methods of operation and future Treaties would have been publicised.<br />Nicnicushahttps://www.blogger.com/profile/15808268217412452653noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-65540555387709762332015-07-28T02:31:19.226-07:002015-07-28T02:31:19.226-07:00There are no discussions on a Treaty amendment ong...There are no discussions on a Treaty amendment ongoing or imminent. There might be at some point in the next few years to deal with single currency issues, Cameron's proposals (after the referendum vote) or other issues (or a combination of these) but that is not certain at the moment. I can't believe that this would be called the 'New Lisbon Treaty'.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-32396499453373875782015-07-27T08:47:12.538-07:002015-07-27T08:47:12.538-07:00Steve,
I know this is not relevant to this post, b...Steve,<br />I know this is not relevant to this post, but I wonder if you can clear something up for me. I have seen some scaremongering on the web, and I am engaged in debate about this. Some uninformed people are saying that there is a "new Lisbon" treaty on the cards. I decided not to be pedantic and tell them that it would not be called the Lisbon Treaty, as the Lisbon treaty is only amendments to the TFEU. I have heard of no such plans for any new treaty changes. Also, I am under the impression that treaty changes take several years before they can be voted upon, as evidenced by the fact Mr. Cameron cannot get treaty change before the referendum. Please can you clear this up for me?<br />Nicnicushahttps://www.blogger.com/profile/15808268217412452653noreply@blogger.com