5 February 2018

Butler publishes new article in Yearbook of European Law

Photo: Graham Butler

Visiting Professor at the Centre for European and Comparative Legal StudiesGraham Butler, has published a new article in the Yearbook of European Law on the role that the Court of Justice of the European Union can play in resolving inter-state disputes between EU Member States.

Articles 259 and 273 TFEU allow for the jurisdiction for the Court of Justice of the European Union (CJEU) to adjudicate on inter-state disputes between EU Member States, subject to the fulfilment of certain conditions set down in the treaties. Article 259 TFEU relates to inter-state enforcement of European Union (EU) law obligations, whereas Article 273 TFEU concerns asking the CJEU to be an adjudicator for inter-state disputes stemming from a bilateral or multilateral arrangement that relates to the subject matters of the treaties. Use of both instruments for inter-state litigation has historically been limited, demonstrating the strong self-contained regime of law that the EU has built and developed. This article delves into the two inter-state dispute resolution instruments that are within the primary law framework of the European Union, and analyses to what extent inter-state disputes between EU Member States can be litigated before the CJEU.

You can read the article, ‘The Court of Justice as an inter-state court’, in the latest issue of the Yearbook of European Law, published by Oxford University Press here.

For more on Graham Butler’s research on European Union law, see his profile at Aarhus University here where he is Assistant Professor of Law, and at the Faculty of Law, University of Copenhagen here, where he is a Visiting Professor.