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The rule of law as one of the core constitutional values of the EU legal order – The rule of law in the case law of the Court of Justice of the European Union – Jurisdiction of the Court on the basis of a combined reading of Articles 2 and 19 TEU – Protecting the rule of law in the Common Foreign and Security Policy – Protecting the rule of law in the member states in order to safeguard the structure and functioning of the EU legal order – Limits to the scope of application of EU law
On 21 January 2009 the Belgian Constitutional Court terminated a long-lasting dispute over the conditions for affiliation to the care insurance scheme established by the Flemish Community. What started out as a classical conflict over the division of competences in Belgium resulted in a discussion about the impact of European Community (EC) law on the constitutional autonomy of the member states. Despite the entanglement between Belgian constitutional law and EC law, the Flemish care insurance case reveals the different perspectives of both legal orders. In this case, the dialogue between the Belgian Constitutional Court and the European Court of Justice (ECJ) through the preliminary ruling procedure could not prevent reverse discrimination.
One year before the EU accession of ten new Member States, the May 2003 Saint-Petersburg EU–Russia Summit launched the aim of creating four Common Spaces, namely a Common Economic Space; a Common Space of Freedom, Security and Justice; a Common Space of External Security and a Common Space of Research and Education, including Cultural Aspects. The Council and the Commission later confirmed the EU's intention to develop the Common Spaces concept as ‘an extensive basis’ for strengthening the EU–Russia Strategic Partnership. The central aim of this new framework is to reinforce the bilateral relationship on the basis of a mutually agreed agenda for further action. In this respect, the May 2005 Moscow EU–Russia Summit adopted a single package of road maps with approximately 400 points for regulatory cooperation.
This first manifestation of a joint, issues-based agenda – replacing the EU's 1999 unilateral Common Strategy – has opened a new chapter in EU–Russia relations. Possible linkages between different action points open up new opportunities for pragmatic cooperation and progress. The parallel conclusion of two bilateral agreements on visa facilitation, a long-standing Russian desire, and readmission, an old priority for the EU, illustrates the potential of this new approach. This observation, however, does not conceal the existence of numerous question marks surrounding the Common Spaces programme. A first major question entails the legal nature of the Common Spaces and the framework for the implementation of the road maps.
The recognition of Baltic independence in 1991 led to a number of challenges in their relationship with Russia. The legal status of large Russian-speaking minorities in Latvia and Estonia, the unresolved border questions, and the particular situation of Kaliningrad have proved to be the most pressing of these. This article tries to link these topical political issues with international law practice on state continuity. It refers to competing visions of Baltic statehood and its political and legal consequences, particularly in the context of the forthcoming enlargement of NATO and the EU.
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