International Law in Domestic Orders - Week 7

The International Court of Justice (ICJ) is located outside the direct influence of any single member state's geopolitical sphere.

The ICJ plays a major role in developing and clarifying international law.

The ICJ is composed of 15 judges elected by the UN General Assembly and Security Council for 9-year terms.

Judges must come from a diverse range of legal systems and civilizations.

Article 38 of the ICJ Statute lists international conventions, custom, general principles, and judicial decisions as sources of law for the Court.

Only states can be parties in ICJ disputes with some exceptions. States are the main actors in international law.

States must consent to the ICJ's jurisdiction before the court can hear their dispute.

Only states can be the primary parties (subjects) in a case before the ICJ.

The management of government functions and the implementation of policies.

A person employed by the government under legal guarantees protecting their tenure.

Promotions are awarded in the public sector based on a combination of seniority and performance.

Public sector pay is typically more uniform than in private companies, aiming for fairness and equity.

Modern public administration focuses on flexibility, performance-based indicators, and adapting to new challenges.

The study of administrative law across different countries, recognizing their interconnectedness.

Decision-making in European administrative law occurs at both national and European levels.

EU laws can be directly adopted and executed at the EU level or implemented by national administrations.

States can accept the ICJ's jurisdiction by making declarations under Article 36.2, agreeing to compulsory jurisdiction with other States that accept the same.

A special agreement between states, where they agree in advance to have the ICJ settle any future disputes arising from their agreement.

Disputes involving the interpretation or application of a treaty can be referred to the ICJ.

A dispute must exist, meaning a clear disagreement on a legal issue. A mere assertion or denial is insufficient.

The ICJ won't hear a case if a third-party state's interests are crucial and that state hasn't consented to the ICJ's jurisdiction.

States start proceedings by submitting an application to the ICJ, outlining the legal grounds, nature of the dispute, and the facts of the case.

Both parties submit written arguments in one or two rounds to the ICJ, with deadlines set by the Court.

The ICJ combines elements of continental and Anglo-American legal systems in its procedures.

The EU promotes transparency by allowing citizens and organizations to access documents held by EU institutions.

Regulation 1049/2001 sets the rules for accessing documents held by EU institutions.

A document can be anything, written, electronic or audiovisual, related to EU activities.

Any EU citizen or person living or working in a member state can request access to EU documents.

EU institutions can withhold documents if disclosure would harm public interests, such as national security or privacy.

Access is completely denied for documents related to areas like public security, defense, or financial policy.

The regulation applies to all EU institutions, including the Parliament, Commission, and Council.

The right of access to documents promotes transparency and accountability within EU governance.

A fundamental principle in EU law ensuring legal rules are clear and precise, allowing individuals and businesses to understand their rights and obligations.

Legal rules must be formulated in a way that individuals can readily understand their rights and obligations without ambiguity.

This principle empowers individuals to confidently understand their legal standing, enabling them to take appropriate action to protect their rights.

The Court of Justice of the European Union (CJEU) plays a crucial role in upholding the principle of legal certainty by ensuring that EU law is interpreted and applied consistently across the EU.

The EU Court's rulings reinforce this principle, emphasizing the need for clear and understandable rules to ensure individuals can determine their rights and obligations.

This principle is particularly important in administrative law, ensuring that individuals can rely on the clarity of legal rules when interacting with the state.

Substantive principles of administrative law, like legal certainty, act as safeguards to ensure administrative decisions are made within legal bounds and are not arbitrary.

The principle of legal certainty is essential for ensuring that administrative decisions comply with the legal framework of the EU.

A fundamental principle requiring that all government actions, including administrative decisions, must be based on law. It prevents the arbitrary exercise of power by the government.

This principle dictates that the government's authority to act must always be founded in legislation. It ensures that administrative actions are not arbitrary but grounded in clear legal frameworks.

The people are the ultimate source of power, and the government can only exercise the authority granted to it by law. This principle limits the government's power and subjects it to legal scrutiny.

Laws define the boundaries of governmental powers, ensuring that the administration can only act within the scope defined by the legislature. This maintains the balance of power.

The Rule of Law allows administrative authorities to pursue public goals, but they must do so within the specific powers granted to them by the legislature.

The Rule of Law is a cornerstone principle of EU law. It ensures that the EU administration is held accountable before courts, both procedurally and substantively.

The main elements of the Rule of Law include the Legality Principle, the Sovereignty of the People, and the principle that legislation sets limits on government powers.

The Rule of Law ensures that all administrative actions are grounded in law, preventing arbitrary decisions and abuses of power. It also guarantees that the administration acts within its legal bounds.