Bücher der Reihe Schriften zum Europäischen Recht

»Thresholds in the Multi-Level System of European Electoral Law«: After the German Federal Constitutional Court declared first the 5%- and then the 3%-threshold of the national electoral law for the European elections unconstitutional in two controversial rulings from 2011 and 2014, the European elections in Germany take place without such a provision. In light of a European initiative to introduce a binding threshold through EU law the study analyzes the requirements that exist for the introduction of thresholds in the multi-level system of European electoral law.

»Safeguarding the Union of Values. Options for Action for the European Union to Protect the Common Values of Art. 2 TEU«: The formation of autocratic governments in EU member states poses the question how the Union can react. This thesis analyzes the preventive and repressive options for action. It shows that the existing procedures have deficiencies and that the EU's power to create new ones is limited. Nevertheless, the author shows small rooms of improvement within the existing treaties.

»Mutual Trust as a General Principle of EU Law«: The thesis seeks a dogmatic clarification of mutual trust as a general principle of EU law which applies in any area that is subject to EU law. It also sheds light on the challenges that trust-based cooperation is confronted with in light of the so-called »polycrisis« of the Union and points out approaches to stabilize trust-based cooperation even in times of crisis.

»The Development of the Concept of Customs Duties in European customs Legislation«: The concept of customs duties is an essential component of European customs legislation. However, there is as yet no uniform definition of the term »customs duties« in the primary or secondary law of the European Union, in the case law of the European Court of Justice, or in the literature. In this context, this thesis examines possible characteristics of the term and the reasons for imposing customs duties. In the process, it considers whether the substantive and procedural provisions of the Union Customs Code are characterized by the »economic concept of customs duties«.

»The European Convention on Human Rights and Separation of Powers. Human Rights Requirements for the institutional law of the Convention states«: Based on the case law of the European Court of Human Rights on the right to vote, the right of access to the courts, the general reservation of the law and individual freedoms, the author analyses the objective requirements for the separation of powers and the institutional competences in the Convention states. The work presents the Conventions requirements for the institutional organisation of parliaments and courts as well as for the legal status of members of parliament and judges.

»The Margin of Appreciation in European Administrative Law based on the Example of Migration and Environmental Law. On Final Decision Powers and Authority in the Multidimensional System of the European Union and their Effects on the Procedural Autonomy of the Member States«: So far, there has been a general understanding that European administrative law is unfamiliar with the fine distinction between the margin of appreciation regarding legal facts and legal implications (so-called administrative final decision powers), which is a central element of German administrative law dogmatics and which has been decisively promoted by the latter. Decisively, this understanding stems from the early economic administrative law of the 1980s, which can hardly cover the scope of today's existing legal frameworks. Against this background, the thesis puts a possible dogmatization of the existing understanding of a standardized administrative final decision power on trial and makes an attempt at a methodical integration in the multidimensional system of European administrative law. The investigation is not carried out from the abstract perspective of the German system (»General Part« and »Special Part«), but rather from the concrete reference areas of the specialized law.

»Evolution of EU State Aid Law for Services of General Economic Interest? A study using the example of the German hospital and the German airport market«This monograph analyses the evolution of EU State Aid Law for Services of General Economic Interest (SGEI), especially the SGEI package, with regard to the EU-Commission's objectives of clarification, simplification and diversification. Therefore, the analysis explores the field of hospital subsidies, especially budget deficit compensation as an example for smaller or social SGEI and also the field of airport subsidies as an example for bigger SGEI.

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»The Private International Law of European Regulations and Third State Treaties. An Analysis from a German Perspective and to strengthen the European Private International Law«: The harmonization of European private international law is disrupted by overriding third state treaties with divergent conflict-of-law rules. To remedy the incompatibilities the treaties can be particularly revised, terminated or new agreements can be concluded. The obligations of the member states, the competences of the EU and the necessary negotiations with the third states lead to difficult constellations from a legal and diplomatic point of view.

»EU Judicial Cooperation in Civil and Criminal Matters. Current State and Future Reform«: For more than two decades, the project to create a single »European judicial area« between member states has been one of the most dynamic EU policy fields. Examining the current status quo of judicial cooperation in civil and criminal matters, this book maps out EU policy makers' next steps: Which elements of the European judicial area have proven successful so far - and which parts must be revisited by the EU legislator? A particular emphasis is placed on the fostering of mutual trust as a general precondition for the European judicial area's future success.

»The Integrated European Data Protection Administration. Structures, Legitimacy, Legal Protection«: With the adoption of the EU General Data Protection Regulation, data protection supervision was fundamentally restructured. Claudia Kawohl shows that the actual innovative content of the regulation does not lie in the substantive regulations, but rather in these administrative organization regulations. Starting from the general concept of the European integrated administration, the dissertation subjects the new administrative structure to a detailed analysis and examines it for typical threats to the rule of law and democratic legitimacy.

»The Third-party Effect of Jurisdiction Agreements in European Civil Procedure Law«: If a third party is involved, the parties still have the interest to foresee the jurisdiction in international legal relations. The effect of a jurisdiction agreement must therefore also extend to third parties. The aim of the work is to point out the problems arising from the intertwining of substantive and procedural legal relationships and to contribute to a legally secure autonomous system of the third-party effects of jurisdiction agreements.

»Breach of Res Judicata under Union Law«: Res judicata is necessary to give final effect to court decisions. For this reason, res judicata is also indispensable for Union law. Nevertheless, it can also be an obstacle to the uniform enforcement of Union law. Especially when Member State courts misapply Union law, the question arises whether the court decision can continue to stand. This thesis deals with the clarification of the question under which conditions the uniform enforcement of Union law is to be given priority over res judicata.

»Intergovernmentalism and Supranationality as Communicating Models of European Integration«With intergovernmentalism the study takes up a phenomenon that became increasingly apparent in reaction to the European debt crisis. It creates a feeling of disruption, as it seems not to harmonise with European supranationality. The crisis also called for the latter in a departure from intergovernmental structures within EMU. The work thus seeks to reveal the relationship between the models. It closes with a plea to consider intergovernmentalism as an opportunity and not as a step backwards.

»The Monitoring of the Protection of Collective Labour Law by the European Committee of Social Rights«The thesis systematically classifies the monitoring activities by the European Committee of Social concerning the protection of the collective labour law by the European Social Charter. Extracting the principles for State's compliance shows that the States' margin of discretion is limited by only few strict requirements. A further analysis of the Committee's methods indicates a lack of convincing arguments to compass its conclusions and decisions.

»EU Member State Obligations to Expand the Electricity Grids Based on EU Primary Law«The aim of an internal market for energy, the so-called Energy Union and the de facto changes in electricity production structures require a suitable electricity transmission and distribution grid within the EU Member States. The study demonstrates that the EU provisions on the free movement of goods contain not only an economic and political but a legal obligation for the EU Member States to create and maintain a minimum level of existing electricity infrastructure for the internal market.