Koen Lenaerts's research while affiliated with European Union and other places
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Publications (14)
Die Grundrechte-Charta umfasst die wichtigsten politischen, sozialen und wirtschaftlichen Rechte aller EU-Bürger. Die 2. Auflage des Kommentars von Peers/Hervey/Kenner/Ward bietet Auslegungssicherheit für jeden Artikel der Charta. Die jüngste Rechtsprechung ist umfassend integriert.
Two different dynamics govern the autonomy of the European Union (EU) legal order. On the one hand, autonomy seeks to define what EU law is not, i.e. it is not ordinary international law. Positively, on the other, autonomy seeks to define what EU law is, i.e. a legal order that has the capacity to operate as a self-referential system of norms that...
The Internal Market and the Future of European Integration - edited by Fabian Amtenbrink April 2019
In liberal democracies, written constitutions are the ‘supreme law of the land’ by means of which individuals sharing a common sense of belonging have agreed to establish a government of limited powers, which is entrusted with pursuing the common good, whilst respecting a sphere of individual freedom. At national level, constitutions have thus been...
The ‘unity dogma’ has long characterised European law discourse. In many of its landmark judgments, the European Court of Justice had recourse to the ‘unity argument’ – such as in Costa vs. E.N.E.L., where the Court rightly stated that ‘the executive force of Community law cannot vary from one state to another … without jeopardising the attainment...
Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motiv...
Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical d...
Examining the seminal judgment of the European Court of Justice (the ‘ECJ’) in the Ruiz Zambrano case (C‑34/09, EU:C:2011:124) and its progeny, this article is to illustrate the fact that in hard cases of constitutional importance the ECJ follows an incremental approach. This means, in essence, that the ECJ does not take ‘long jumps’ when expoundin...
This article examines the concept of EU citizenship and its scope of application, which does not require a cross-border link. In Zambrano, the ECJ held that Article 20 TFEU precludes national measures which have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights attaching to the status of citizen o...
Scope of application of Charter – What does ‘implementing Union law’ mean? – Application of v. derogation from EU law – Asylum cases, N.S. – Familiapress, Schmidberger, Viking – Implementing to include derogation – Annibaldi and Dereci – Interpretation of the Charter – ‘Provided for by law’ – The ‘essence’ of a right or freedom – Legitimate objecti...
The present contribution supports the contention that general principles of EU law do not operate as an unstoppable centripetal force at the service of an activist judiciary. Quite the contrary, when having recourse to general principles, the ECJ strives to preserve the vertical and horizontal allocation of powers sought by the authors of the Treat...
Citations
... The question is: if the right of initiative to the EP is from a technical point of view possible, desirable and if it can consolidate the decision-making process in a more democratic sense? Can the EP affect the institutional balance and to what extent and how (Kjaer, 2010;Christiansen, 2011;Smulders, Eisele, 2012;Andersen, 2012;Fahey, 2019;Leino-Sandberg, 2021) and/or the community method (Dehousse, 2003;Manin, 2004;Temple Lang, 2006;Armstrong, 2011;Korkea-Aho, 2015;Schütze, Tridimas, 2018;Koutrakos, 2019;Craig, De Bùrca, 2021) Perhaps the EP seeks a more incisive "new" role in the legislative process both in the initial phase of the political cycle and through the related procedures and mechanisms such as the participation of the initiative initiative and in the same way also consolidating participatory democracy by involving European citizens in determining the agenda. The aim is not the institutional modification of the treaties but the creation within the spirit of the treaties, the strengthening of representative and participatory democracy. ...
... 128 The empowerment of the national courts through preliminary rulings or directly checking the efficiency of the judicial system in other Member States per Portuguese Judges and the LM formulas indicates a degree of decentralisation and horizontal check of the applicability of fundamental rights and values of the EU and effectiveness of domestic legal orders within the EU. 129 Such a development is congruent with the functionality approach, outlined above. In this manner, the horizontal scheme of enforcement of EU law is anchored in the ability of domestic judicial authorities to act on behalf of the EU. ...
... They also created opportunities for the Court to show a more social face. 208 The foregoing discussion does not mean that every minority, which encompasses mostif not allsocial policy litigants, is bound to become influential. The inherently low levels of 203 capital are problematic and point to the persistence of structural injustices. ...
... This deeply discussed provision limits the applicability of the Charter "only" to the situations in which Member States "are implementing Union law". Despite criticism of this formula (Nagy, 2017;Fontanelli, 2014b), proposals to change the approach to its understanding (Chronowski, 2018;Jakab, 2017), and despite the somewhat broad interpretation by the CJEU (Hancox, 2013;Lenaerts, 2014), the Charter (as opposed to the Convention) is not universally applicable towards Member States and thus basically presupposes situations where it will not be able to serve as a human rights review tool. 3. The third (potential) reason of TK's aloofness towards the Charter as the review standard may be connected with the more general phenomena referred to as the restraint of constitutional courts towards the application of EU law in their decision-making. ...
... 26 Furthermore, they form a basis of judicial review of Union legislation and actions, and the actions of Member States. 27 Some of the values of Article 2 TEU are regarded as general principles of EU law, such as the principle of non-discrimination and the respect for fundamental rights. 28 Other values, such as freedom and tolerance, are not always regarded as general principles of EU law. ...
... 209-211). This article avoids giving a whole and voluminous overview of the most notable decisions of the Court of Justice in the realm of EU citizenship as there is an extensive scholarship that does this job thoroughly and excellently (Davies 2018(Davies , pp. 1449(Davies -1457Lenaerts 2015Lenaerts , pp. 2-8, 2013De Waele 2010, pp. 323-328). ...
Reference: The Aporia of EU Citizenship
... Comme le rappelle Eliantonio (2016), la Commission dispose d'une grande liberté dans l'usageou nonde la procédure d'infraction, notamment parce que rien ne peut la contraindre d'initier des poursuites à l'encontre d'un État membre, eu-t-il ouvertement enfreint le Droit de l'Union européenne, de même que rien ne peut l'empêcherà tout momentde mettre fin à la procédure (Craig et de Búrca 2011). Considérant cela, il apparaît que la procédure d'infraction dont dispose la Commission européenne constitue à la fois un outil dont elle fait usage pour renforcer l'application du Droit de l'Union européenne et l'intégration européenne dans les domaines qu'elle souhaite prioriser, et à la fois un puissant levier politique, qui lui permetà sa convenancede faire usage de sanction, ou de diplomatie (Lenaerts et Gutiérrez-Fons 2011). De plus, le dispositif d'infraction tel que prévu par les Art. ...
... caselaw-reference/cjeu-case-c-35615-judgment. 2. For older literature see Ward (2004), Kailia (2012), Lenaerts (2012), Lock (2019) and Zetterquist (2011). In order to provide an introduction to the interpretation of the Charter, I shall first discuss the wording and conditions of application of the Charter (Section 2). ...
... This is particularly important as activists and individuals can be mobilised through legal channels and reclaim changes in the 'European state feminism' system -as was the case with Defrenne (Anagnostou & Millns, 2013, p. 115;Chalmers et al., 2010, p. 273ff). Last but not least, whereas the freedoms, rights and protections proclaimed in the Treaties and secondary legislation are still market-related in most casesincluding 'European state feminism' -the Court started most recently with the cases Ruiz Zabrano, McCarthy and Dereci to challenge the crossboundary element of EU citizenship and the rights deriving from this status (Hinarejos, 2011;Hinarejos, 2012;Lenaerts, 2013), which can ultimately expand the scope of EU law, and thus is potentially dangerous for the present neoliberal governmentality in its essence. ...
