Web-Companion "Essential EU Law in Charts" 4th ed 2018
Details...
Dear Reader of "Essential EU Law in Charts, 4th edition, 2018". Please take note of the following updates and corrigenda:
Update | p. 128
The box in the 3rd row must read:
„The autonomy of the Community/Union legal order”
First mentioned in Opinions 1/91 (EEA I) and 1/92 (EEA II); subsequently in other important rulings, e.g. Opinion 1/09 (Patent Court), Opinion 2/13 (Accession to the ECHR), Achmea (2018), Wightman (2018), Opinion 1/17 (CETA).
Rationale according to Achmea (2018):
- The autonomy of Union law is linked to Art. 4(3) TEU (see Chart 1/12).
- Para. 33: “[T]he autonomy of EU law with respect both to the law of the Member States and to international law is justified by the essential characteristics of the EU and its law, relating in particular to the constitutional structure of the EU and the very nature of that law. EU law is characterised by the fact that it stems from an independent source of law, the Treaties, by its primacy over the laws of the Member States, and by the direct effect of a whole series of provisions which are applicable to their nationals and to the Member States themselves. Those characteristics have given rise to a structured network of principles, rules and mutually interdependent legal relations binding the EU and its Member States reciprocally and binding its Member States to each other.”
The box in the 5th row, entitled “The role of the national courts in the preliminary ruling procedure (see Chart 12/9)”, must read:
The role of the national courts in the preliminary ruling procedure (see Chart 12/19):
Where Union law is at issue, it must be possible for the court or tribunal in charge to make a reference to the CJEU. This may exclude e.g. the use of ordinary arbitration tribunals (see Chart 12/21) in investment treaties between the EU and third States; Achmea (2018). _