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Legal Issues of Economic Integration
Journal Prestige (SJR): 0.175

Number of Followers: 13

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ISSN (Print) 1566-6573
Published by Kluwer Law International

[21 journals]

From the Board: Short-term and Long-term Trade Responses to COVID-19
- Abstract: Volume 47
  Online ISSN 1566-6573
  PubDate: Wed, 19 Aug 2020 00:01:04 GMT
  Issue No: Vol. 47 (2020)
Trade Conflicts: Whither the WTO'
- Abstract: The WTO is in a state of crisis. Yet its problems did not start with the Trump Administration. And although this has been the focus of much criticism from the United States, the Appellate Body should not be the priority in reforming the WTO. More differentiation amongst its members and its rules is needed, to reflect varying levels of development. In addition, more room for plurilaterals ought to be created. China’s atypical economic model ought to be reconciled with the WTO’s market-orientation. This can be done through an update of its Protocol of Accession to the WTO, or perhaps through a newly conceived plurilateral agreement. Such a bridging mechanism would reflect a renewed engagement of China with the WTO, and could help to recommit the United States to a rules-based system. The EU should take initiatives to make this happen.
  Volume 47
  Online ISSN 1566-6573
  PubDate: Wed, 19 Aug 2020 00:01:04 GMT
  Issue No: Vol. 47 (2020)
Reconceptualizing the Primacy–Supremacy Debate in EU Law
- Abstract: The practical effects of the principle of primacy of EU law are well established in the case law of the Court of Justice of the European Union (CJEU). However, the highest national courts have had difficulties in coming to terms with the principle. Does the primacy of EU law also entail the ‘supremacy’ of EU law, and what is the significance of this for national sovereignty' There seems to be no coherence in the academic discussion on how to use the terms primacy and supremacy and what they actually entail. This article presents a reconceptualization of the way in which the terms primacy and supremacy could be understood in EU law. It is argued that they are two distinct concepts: primacy refers to actual conflicts between a national norm and an EU norm in situations concerning individual rights, whereas supremacy refers to the structural relation between the EU’s and the Member States’ legal orders that manifests itself as institutional conflicts of competence. This article maps out the primacy–supremacy debate, assesses the proposed conceptualization in light of recent European and national case law, and positions the argument in relation to constitutional pluralism, the leading theory of European constitutionalism.
  Volume 47
  Online ISSN 1566-6573
  PubDate: Wed, 19 Aug 2020 00:01:04 GMT
  Issue No: Vol. 47 (2020)
An Assessment of the Judgment of the Federal Constitutional Court of
Germany On the Public Sector Asset Purchase Programme of the European
Central Bank
- Abstract: The Federal Constitutional Court (FCC) of Germany has invented a new and impossible test of proportionality to declare as ultra vires the judgment of the Court of Justice of the European Union in Weiss. Instead of understanding proportionality as the least interventionist means of achieving a certain policy objective, it defines it as the balancing between conflicting policy objectives which in this case are monetary and economic policy. This is not the concept used by the Court of Justice. This definition of proportionality is intended as a substitute for the principle of conferral and whether the European Central Bank (ECB) encroached on economic policy. However, if monetary policy is to be effective, it must impact economic policy. Had the ECB attempted to balance monetary and economic policy effects, it would have infringed Article 127(1) TFEU that requires that the support of economic policy by the ECB is without prejudice to price stability which is the objective of monetary policy. The Federal Constitutional Court did not appreciate the significance of the fact that the ECB buys public bonds from private investors and that the interjection of private investors deprives Member States from the ability to sell unlimited amounts of bonds at prices that would enable them to run indefinite budget deficits.
  Volume 47
  Online ISSN 1566-6573
  PubDate: Wed, 19 Aug 2020 00:01:04 GMT
  Issue No: Vol. 47 (2020)
Book Review: The Regulation of E-cigarettes: International, European and
National Challenges, Lukasz Gruszczynski ed. Edward Elgar Publishing.
2019.
- Abstract:
  Volume 47
  Online ISSN 1566-6573
  PubDate: Wed, 19 Aug 2020 00:01:04 GMT
  Issue No: Vol. 47 (2020)

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