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Journal articles on the topic 'Article 50 of the Treaty on European Union'

Author: Grafiati

Published: 11 September 2021

Last updated: 30 July 2025

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1

Dixon, Dennis. "Article 50 and Member State Sovereignty." German Law Journal 19, no. 4 (2018): 901–40. http://dx.doi.org/10.1017/s2071832200022914.

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Article 50 of the Treaty on European Union was originally viewed by national constitutional courts as an important provision for upholding state sovereignty. The German Constitutional Court emphasized the provision in its reconciliation of the Lisbon Treaty with state sovereignty. The Czech and Latvian Constitutional Courts saw Article 50 as creating a balanced process for the exercise of the sovereign right to withdraw from the European Union. Prior to the Brexit referendum, there was little doubt in the literature that an Article 50 agreement could address the entirety of the future relation

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Mastan Narimanzade, Gulu. "BROAD LEGAL ANALYSIS OF THE ARTICLE 50 OF THE TREATY ON EUROPEAN UNION." SCIENTIFIC WORK 53, no. 04 (2020): 125–30. http://dx.doi.org/10.36719/aem/2007-2020/53/125-130.

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Barata, Mario. "Brexit and the limits of Article 50 Treaty of the European Union." Open Political Science 3, no. 1 (2020): 165–75. http://dx.doi.org/10.1515/openps-2020-0013.

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AbstractThis article aims to analyse the limits of Article 50 of the Treaty of the European Union (TEU) which expressly consecrates a Member State’s unilateral right to leave the Union. However, the provision seems to raise more questions than it answers due to the lack of concrete legal guidelines, and Brexit has underlined this reality. For example, the exit procedure contemplates the possibility of signing a withdrawal agreement with the European Union (EU), but it does not discipline its content. In our opinion, any agreement must regulate three questions: fundamental rights, financial set

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Huysmans, Martijn. "Enlargement and exit: The origins of Article 50." European Union Politics 20, no. 2 (2019): 155–75. http://dx.doi.org/10.1177/1465116519830202.

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Many international organizations and the vast majority of federations lack exit clauses. Existing theoretical explanations of this stylized fact focus on issues of credible commitment, signaling, and the risk of strategic exploitation. However, such accounts are unable to explain the adoption of Article 50 by the European Union, which allows unilateral withdrawal. I theorize and demonstrate empirically that in the case of the European Union, an exit-voice logic lies at its origin during the 2002–2003 European Convention. As a protection to undesired policy changes post entry, countries of the

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Waibel, Michael. "Brexit and Acquired Rights." AJIL Unbound 111 (2017): 440–44. http://dx.doi.org/10.1017/aju.2017.98.

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On March 29, 2017, the U.K. Government triggered Article 50 of the Treaty on European Union (TEU) on withdrawal from the European Union following a referendum on June 23, 2016 in which 51.89 percent voted for the United Kingdom to leave the European Union. As a hybrid provision, the much-discussed withdrawal provision in Article 50 TEU is part of EU law yet also anchored in public international law. Although the European Union is a unique, supranational organization that creates rights for individuals that are directly effective in national law, its member states created the European Union bas

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Calliess, Christian. "50 Jahre Europäischer Rat – „Intergouvernementalisierung“ der Europäischen Union?" integration 48, no. 2 (2025): 129–43. https://doi.org/10.5771/0720-5120-2025-2-129.

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With the Treaty of Lisbon, the European Council became an institution of the European Union (EU) that is fully integrated into the institutional framework. In this way, the originally intergovernmental institution was linked to the supranational decision-making centre of the EU. This is associated with shifts in the institutional power structure, which are to be resolved by the legal role ascribed to it as the political governing body of the member states in the EU, which is explicitly not permitted to act as a legislator. Nevertheless, the European Council competes with the Commission as a po

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BOCANCEA, Cristian. "Brexit - Between the Ideology of Euroscepticism and the 'Innocence' of the Treaty on European Union." Anuarul Universitatii "Petre Andrei" din Iasi - Fascicula: Drept, Stiinte Economice, Stiinte Politice 28 (December 10, 2021): 43–60. http://dx.doi.org/10.18662/upalaw/65.

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Built on the values of freedom and prosperity, democracy and peace, the European Union has created over time a huge constitutional framework, culminating in the Lisbon Treaty, adopted in 2007 and known as the Treaty on European Union. It reflected the will of the then 27 Member States to live together in a cohesive society, guided by the principle of subsidiarity, and to offer neighboring countries the opportunity to join the Union. As regards EU enlargement, the procedure was laid down in principle in Article 49 TEU; for reasons of symmetry, the Treaty introduced Article 50 to cover the possi

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Alvim, Mariana. "The right to withdraw the notification to leave the European Union under article 50 TEU: can we still save the marriage?" UNIO – EU Law Journal 3, no. 2 (2019): 139–47. http://dx.doi.org/10.21814/unio.3.2.11.

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Article 50 TEU has caused considerable interest following its introduction in EU law, but mostly since the UK voted in favour of leaving the Union, a vote that provoked its first ever activation. However, this Article raises a few unanswered questions, such as if a Member State that formally notifies to the European Council of its intention to leave the EU, can it subsequently change its mind about this decision during the two-year period established in the Treaty. In the first part of the article, I intend to put the notification to leave the European Union under Article 50 of the TEU in pers

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Grochalski, Stefan Marek. "„Brexit” – konsekwencje dla obywateli Wielkiej Brytanii jako eksobywateli Unii Europejskiej." Opolskie Studia Administracyjno-Prawne 14, no. 4 (1) (2016): 9–22. http://dx.doi.org/10.25167/osap.1317.

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The results of the referendum regarding the UK leaving the European Union indicated that the majority of British citizens, who are also citizens of the EU, decided to leave the European Union. The citizens’ decision has serious legal consequences arising from Article 50 of the Lisbon Treaty. This is the first case of a state leaving the European Union, which raises many questions. In the presented material, the institution of referendum is being analyzed as a form of direct democracy as well as, in this context, the effects of Brexit affecting directly the citizens of Great Britain – ex-citize

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Watson, Margaret. "The Changing Role of European Documentation Centres and How ‘Brexit’ Might Affect the Network." Legal Information Management 17, no. 3 (2017): 146–50. http://dx.doi.org/10.1017/s1472669617000305.

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AbstractEuropean Documentation Centres (EDCs) are neutral collections of official publications of the European Union, open to the public and normally housed in academic institutions throughout the European Union (EU). EDC status entitles the host organisation to receive one copy of the most significant publications and documents of the EU. The EDC network goes back to 1963, and its primary purpose has always been the support of academic research into European integration. The decision to trigger Article 50 of the Treaty on European Union clearly raises questions about role of the EDCs in the U

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Cranmer, Frank. "February–May 2017." Ecclesiastical Law Journal 19, no. 3 (2017): 363–68. http://dx.doi.org/10.1017/s0956618x17000527.

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The EU (Notification of Withdrawal) Bill completed its passage through Parliament and received Royal Assent on 16 March. On 29 March, the United Kingdom's Ambassador to the European Union, Tim Barrow, handed over the Prime Minister's formal letter of notification under Article 50 of the Treaty on the European Union to the President of the European Council, thereby triggering the withdrawal process. Inevitably, however, the period since the last report was dominated not so much by Brexit as by the unexpected General Election.

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Yeoh, Peter. "UK Financial Services Sectors Future on Leaving the European Union." Business Law Review 37, Issue 5 (2016): 175–80. http://dx.doi.org/10.54648/bula2016033.

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The United Kingdom is now in preliminary discussions with the European Union (EU) on the terms of its exit from the EU. It has yet to invoke Article 50 of the Lisbon treaty. Nevertheless, this article will identify and assess the possible impact of the UK’s departure from the EU on the financial services sector. The analysis relies on primary data from relevant statutes and secondary data from the public domain including commentaries from various interested parties and experts.

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Martynov, Andriy. "Problems and perspectives of development of the European Union’s identity." European Historical Studies, no. 5 (2016): 33–50. http://dx.doi.org/10.17721/2524-048x.2016.05.33-50.

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The article deals with the problem of developing the European Union’s identity. The confirmation of the hypothesis can be considered as an argument for the necessity to interpret the European identity in the context of an imagined community. The ideas of developing the European Union’s identity as a joint national identity of the EU member-states which are differently engaged in the global post-industrial economy, interpreted the EU and their relations therewith in many ways, served as the theoretical background of the article. Therefore, these member-states possessed substantively divergent n

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Olsen, Tore Vincents, and Christian F. Rostbøll. "Why withdrawal from the European Union is undemocratic." International Theory 9, no. 3 (2017): 436–65. http://dx.doi.org/10.1017/s1752971917000094.

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The Lisbon Treaty from 2009 introduced the possibility for individual member states to withdraw from the European Union (EU) on the basis of a unilateral decision. In June 2016 the United Kingdom decided to leave the EU invoking article 50 of the treaty. But is withdrawal democratically legitimate? In fact, the all-affected principle suggests that it is undemocratic for subunits to leave larger political units when it adversely affects other citizens without including them in the decision. However, it is unclear what the currency of this affectedness is and, hence, why withdrawal would be unde

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Ifelebuegu, Augustine, Kenneth Aidelojie, and Elijah Acquah-Andoh. "Brexit and Article 50 of the Treaty of the European Union: Implications for UK Energy Policy and Security." Energies 10, no. 12 (2017): 2143. http://dx.doi.org/10.3390/en10122143.

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Pietrzak, Nicole. "Proces negocjacji brexitu w polityce Davida Camerona i Theresy May." Świat Idei i Polityki 18, no. 1 (2019): 63–84. http://dx.doi.org/10.15804/siip201904.

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Great Britain’s decision to leave the European Union (aka Brexit) is one of the most significant events in the history of European integration. It is also the first event in the history of the Community, yet not the only one proposed by the UK government. This article aims at the analysis of political activity of British Prime Ministers: David Cameron and Theresa May related to the United Kingdom’s leaving the European Union structures. British Government’s decision was taken after the referendum, which was held on June 23, 2016, followed by invoking Article 50 of the EU’s Lisbon Treaty. Conse

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Kovac, Mitja. "The Brexit Fiasco and the Failure of Article 50 of the Treaty on the Functioning of the European Union." Baltic Journal of Law & Politics 12, no. 1 (2019): 172–92. http://dx.doi.org/10.2478/bjlp-2019-0008.

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Abstract Modern game theory and the economic theory of federalism may offer an alternative view on the Brexit fiasco, in which the British government should not bear exclusive responsibility for current disaster. Moreover, the design of Article 50 of the Treaty on the Functioning of the European Union (TFEU) contains an intrinsic dysfunctional mechanism that generates irrational strategies. Article 50 is underdeveloped and should be redrafted. The two-year deadline provision should be replaced with a reasonable time period and should provide for a third-party dispute resolution mechanism in in

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Gasimova, K. "THE UK IN EUROPEAN INTEGRATION AFTER THE BREXIT REFERENDUM AND THE LEAVING PROCESS." Deutsche internationale Zeitschrift für zeitgenössische Wissenschaft 40 (September 19, 2022): 32–34. https://doi.org/10.5281/zenodo.7093250.

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The United Kingdom, whose view of European integration has developed differently due to historical, geographical, economic and political reasons, initially did not want to become a member of the European Economic Community (EEC), which is now known as the European Union (EU). After the referendum, the government established under the premiership of Theresa May initiated the process of the United Kingdom's withdrawal from the EU under Article 50 of the Lisbon Treaty. In this study, the background of Brexit with its historical and current aspects and the progress and completion of the separa

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Miscevic, Tanja, and Nemanja Puric. "Institutional aspects of the withdrawal process from the European Union - Brexit and post-Brexit." Medjunarodni problemi 76, no. 2 (2024): 177–200. http://dx.doi.org/10.2298/medjp2402177m.

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Interdependence in a globalized world implies managing processes in many areas that are regulated at the international level - this is the role that International Governmental Organizations have adopted during the century of their existence. Their work and success are causally linked to the competencies and decision-making processes, as well as to the breadth and agility of member states. This is the reason why many International Organizations do not provide options for withdrawal or exclusion from membership. In that regard, European Union, as a supranational international organization, is pr

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Dawar, Kamala. "Legal Issues of Economic Disintegration: Government Procurement and BREXIT." Legal Issues of Economic Integration 45, Issue 2 (2018): 121–39. http://dx.doi.org/10.54648/leie2018007.

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This article examines some of the European Union (EU) and World Trade Organization (WTO) legal issues that emerge for the United Kingdom’s (UK) public procurement law and policies following Brexit. It analyses the consequences and sequencing of international negotiations that must now take place since the UK triggered Article 50(2) of the Treaty on the European Union (TEU). Once the UK revokes the European Communities Act 1972, it will no longer be obligated to follow either the Treaty on the Functioning of the European Union (TFEU) or the EU Procurement Directives. Nor will the UK be subject

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Simoncini, Marta, and Giuseppe Martinico. "A Knot Not to Be Cut? The Legacy of Brexit over the CJEU." Politics and Governance 9, no. 1 (2021): 27–36. http://dx.doi.org/10.17645/pag.v9i1.3660.

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What was the role of the Court of Justice of the European Union (CJEU) in the Brexit saga? And what will the impact of Brexit be over the future structure and activity of the CJEU? This article deals with this twofold question and explores three different issues. Firstly, we will offer a reflection on the questions and the risks raised by the Wightman case, where the CJEU ruled on the unilateral revocation of the UK notification of its intention to withdraw from the European Union under Art. 50 Treaty of the EU. Secondly, we will analyse the impact of Brexit on the composition of the CJEU and,

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Drobiazko, Volodymyr. "Protection of technical means of protection and information on rights management in the European Union." Theory and Practice of Intellectual Property, no. 3 (August 9, 2022): 46–53. http://dx.doi.org/10.33731/32022.262621.

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Keywords: copyright, work, performance, phonogram, technical means of protection,information on rights management, digital networks The article is devoted to the studyof such aspects as protection of technical means of protection and information on themanagement of rights in the European Union. These protections are provided for thefirst time in Articles 11 and 12 of the WIPO Copyright Treaty (WCT) and Articles 18 and19 of the WIPO Performance and Phonograms Treaty (WPPT). Each of the WIPOtreaties contains almost identical provisions obliging Member States to prevent circumventionof tech

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Florea, Dumitrita, and Narcisa Gales. "The Chronology of the Negotiations that Led to the Historic Moment of the Signing of the Brexit Agreement." Journal for Ethics in Social Studies 4, no. 1 (2020): 53–69. http://dx.doi.org/10.18662/jess/4.1/28.

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The reality is that we have witnessed in the last 4 years, since the procedure of negotiating the withdrawal of the United Kingdom from the European Union in 2016 has started, a real political impasse on the stage of European relations. Who would have imagined on the 1st of January 1973, when England became a member of the European Union after many indecisions – some of them more arrogant than others that in 47 years' time it will be the first Member State to avail itself of Article 50 of the Treaty of Lisbon, which for the first time provided for the right of a Member State to withdraw volunt

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Dabbah, Maher M. "Brexit and Competition Law: The Future Place of the UK Competition Law Regime Internationally." World Competition 42, Issue 4 (2019): 497–522. http://dx.doi.org/10.54648/woco2019027.

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Arguably, the most famous line ever uttered on the decision by British voters of 23 June 2016 to exit from the European Union (EU), is, and always will remain, ‘Brexit means Brexit’. These were the words of the serving British Prime Minister at the time. The triggering of Article 50 of the Treaty on European Union (TEU) – marking the start of the two-year negotiations/ detachment process – eventually occurred on 29 March 2017. That process drew to its end on 29 March 2019. The UK however continues to be an EU Member State. At the time of writing, the UK’s exit from the EU was expected on 31 Oc

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Rehman, Scheherazade S., and Pompeo Della Posta. "The Impact of Brexit on EU27 on Trade, Investments and Financial Services." Global Economy Journal 18, no. 1 (2018): 20170097. http://dx.doi.org/10.1515/gej-2017-0097.

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On June 23, 2016, the UK decided to leave the European Union (EU), commonly known as “Brexit”. The UK has two years to conclude their new arrangement with the EU27 after evoking Article 50 Treaty of Lisbon officially, which it did on March 27, 2017. While there is a range of possible trade agreements most are unlikely as they would either imply repudiating firm EU legal principles or strong promises that the current UK government is committed to maintain. The article discusses these options. Moreover, the article focuses on the trade and investment flows between the UK and EU27 and discusses t

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Zavhorodnia, V. M. "The origin and development of the European Union sports policy and law." SUMY HISTORICAL AND ARCHIVAL JOURNAL, no. 39 (2022): 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.

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The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of econo

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OLESEN, Thorsten Borring. "Danes Say No – and Yes: The Maastricht Referendum and its Legacy." Journal of European Integration History 28, no. 1 (2022): 101–22. http://dx.doi.org/10.5771/0947-9511-2022-1-101.

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When its voters turned down the Maastricht Treaty in 1992, Denmark became the first among today’s EU member states to cast a No vote in a referendum on Euro‐ pean integration. With nine such votes, Denmark has held more referendums on EC/EU matters than any country bar Ireland. Of these, six have resulted in a Yes, while three have produced a No. This article analyses and discusses the role of referendums in Danish EU polit‐ ics and their impact, both in the short and long term, on how Danish EU policy is formulated and conducted. It focuses on the so-called Maastricht-Edinburgh inter‐ mezzo o

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Rashica, Viona. "The Political Consequences of Brexit for the United Kingdom and the European Union." SEEU Review 13, no. 1 (2018): 30–43. http://dx.doi.org/10.2478/seeur-2018-0004.

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Abstract The date 23 June 2016 brought in front of the United Kingdom and the European Union a very serious challenge named Brexit. In the June 23, 2016 referendum, the British voted to leave one of the most unique international organizations in the world, thus putting the EU in front of the UK’s request for the activation of Article 50 of the Lisbon Treaty, which the EU is facing for the first time. Brexit is opening new chapters in the history of the UK, while the EU is engaging with the procedures of the voluntary withdrawal of an important member state, which is known about its high politi

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Feldman, David. "PULLING A TRIGGER OR STARTING A JOURNEY? BREXIT IN THE SUPREME COURT." Cambridge Law Journal 76, no. 2 (2017): 217–23. http://dx.doi.org/10.1017/s0008197317000435.

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FOLLOWING a referendum on 23 June 2016 in which 52% of voters (38% of the total electorate) had expressed a preference for the UK to leave the EU, the Government announced that it would start the process of withdrawal, in accordance with Article 50 of the Treaty on European Union (“TEU”), by notifying the European Council of the UK's decision, exercising the Government's prerogative power to conduct foreign relations. A number of legal challenges were fast-tracked to the Supreme Court. In R. (Miller) v Secretary of State for Exiting the European Union (Birnie and others intervening) [2017] UKS

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Martinico, Giuseppe, and Marta Simoncini. "Wightman and the Perils of Britain’s Withdrawal." German Law Journal 21, no. 5 (2020): 799–814. http://dx.doi.org/10.1017/glj.2020.49.

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AbstractOn 10 December 2018, the Court of Justice (CJEU) delivered the Wightman judgment and recognized the unilateral revocability of the notification ex Art. 50 Treaty on European Union (TEU). This article offers a critical analysis of the decision by insisting above all on the national background of the ruling and the political risks stemming from the decision. The article is structured as follows. Firstly, it analyses the legal questions of the Scottish case, which constituted the ground for the admissibility of the preliminary ruling and showed the perils for the exercise of national sove

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Okinčic, Sebastjan. "Brexit: lessons learned, status quo and way ahead." Vilnius University Open Series, no. 6 (December 28, 2020): 146–55. http://dx.doi.org/10.15388/os.law.2020.13.

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On 23 June 2016 almost 17.5 million citizens of the United Kingdom voted to leave the European Union. The UK government invoked the relevant Article 50 of the Treaty on European Union on 29 March 2017. As authors of the said provision have admitted, it was never to be used (Fabbrini, 2017). And yet here we all are/were (depending on when you are reading it), anno domini 2020, witnessing an unprecedented event of a sovereign state “taking back control” i.e. leaving in great pain the most powerful economic and political union of sovereign states ever established, taking advantage of the procedur

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Artemenko, T. D. "Control (Supervisory) Powers of the Eurasian Economic Commission and the European Commission: Comparative Legal Aspect." Journal of Law and Administration 20, no. 4 (2025): 50–67. https://doi.org/10.24833/2073-8420-2024-4-73-50-67.

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Introduction. The article examines the powers of the Eurasian Economic Commission (hereinafter referred to as the EEC) and the European Commission (hereinafter referred to as the EC) in the field of control (supervision) over the implementation of integration legal orders by member states and business entities, their scope, limits of competence, and impact on the development of integration processes in the Eurasian Economic Union (hereinafter referred to as the EAEU) and the European Union (hereinafter referred to as the EU), as well as the role of the courts of the relevant integration associ

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Adriaenssens, Niels, Robin Bruyndonckx, Ann Versporten, et al. "Consumption of quinolones in the community, European Union/European Economic Area, 1997–2017." Journal of Antimicrobial Chemotherapy 76, Supplement_2 (2021): ii37—ii44. http://dx.doi.org/10.1093/jac/dkab176.

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Abstract Objectives Data on quinolone consumption in the community were collected from 30 EU/European Economic Area (EEA) countries over two decades. This article reviews temporal trends, seasonal variation, presence of change-points and changes in the composition of main subgroups of quinolones. Methods For the period 1997–2017, data on consumption of quinolones, i.e. ATC group J01M, in the community and aggregated at the level of the active substance, were collected using the WHO ATC/DDD methodology (ATC/DDD index 2019). Consumption was expressed in DDD per 1000 inhabitants per day and in pa

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Sychenko, Elena V., and Emanuele Menegatti. "Analysis of the new EU Adequate Minimum Wages Directive." Russian Journal of Labour & Law 14 (2024): 278–87. http://dx.doi.org/10.21638/spbu32.2024.118.

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Although under the Treaty on the Functioning of the European Union the EU does not have competence to set minimum wages (Article 153), the EU adopted a directive on an adequate minimum wage in 2022. The aim of the directive is to encourage the convergence of national minimum wages upwards, ensuring a decent standard of living in all EU countries. The purpose of this article is to analyse the actions included in the Directive and to assess the adequacy of its legal framework. Interest in the new EU minimum wage regulations stems from the ineffectiveness of the existing and temporarily 'paused'

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Kovler, Anatoliy, and Yana Lebedeva. "Protection of human rights stricto sensu by the courts of integration associations: experience of comparative analysis." Meždunarodnoe pravosudie 12, no. 4 (2022): 36–50. https://doi.org/10.21128/2226-2059-2022-4-36-50.

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The relevance of this article is due to the growing potential of economic integration organizations, whose competence has gradually grown far beyond pure economic issues, to address the problem of protecting fundamental rights. The reason for the need to develop the panoply of human rights by integration associations is that market freedoms cannot be realized where citizens and entrepreneurs do not feel protected. Therefore there is a need to ensure security and legality within the area covered by an organization of economic integration. The Eurasian Economic Union, whose founding treaty was s

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O’Rourke, K. A. C. "Reintegration Post-Brexit (2020–2022): European Union Reorganization – Securing The Public Square of Democracy; Creating a New Global Compact." European Studies 6, no. 1 (2019): 35–72. http://dx.doi.org/10.2478/eustu-2022-0028.

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Summary In January 2020, the UK Parliament completed the long-awaited ratification process for the 2018 negotiated EU-BREXIT divorce agreement. After four tumultuous years of UK public contestations, including three general elections in less than five years, the forced resignation of two Prime Ministers after multiple internal Parliamentary votes of ‘no confidence’, the scheduling of an illegal closure of Parliament by the Prime Minister to block BREXIT debates, and the public and divisive ‘Get BREXIT done’ campaign in the December 2019 general election, the UK Conservative Party finally succe

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Power, Susan. "Pringle v. Ireland (E.C.J.)." International Legal Materials 52, no. 3 (2013): 803–28. http://dx.doi.org/10.5305/intelegamate.52.3.0803.

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On November 27, 2012, the Court of Justice of the European Union (ECJ) issued a landmark decision on the question of the compatibility of the European Stability Mechanism Treaty with European Union law. The Court ruled on the following issues related to the permanent bailout fund: the validity of Decision 2011/199/EU adopted by the European Council to amend Article 136 of the Treaty on the Functioning of the European Union (TEFU) in accordance with the simplified revision procedures; whether the European Council exceeded its competence by using the simplified revision procedure under Article 4

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Basedow, J. Robert. "The Achmea Judgment and the Applicability of the Energy Charter Treaty in Intra-EU Investment Arbitration." Journal of International Economic Law 23, no. 1 (2020): 271–92. http://dx.doi.org/10.1093/jiel/jgz025.

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Abstract The Energy Charter Treaty is the most frequently used investment treaty worldwide to launch investment arbitration against host states. The vast majority of disputes is of intra-European Union nature in that they involve an EU investor as claimant and an European Union member state as respondent. The recent Achmea judgment of the Court of Justice of the European Union may thus have ramifications for the Energy Charter Treaty. The judgment has triggered a heated legal and political debate within the European Union over the future of intra-European Union investment arbitration. In the c

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Jarukaitis, Irmantas, and Monika Morkūnaitė. "The Principle of Judicial Independence in the Context of the Evolution of EU Law." Teisė 118 (March 2, 2021): 47–72. http://dx.doi.org/10.15388/teise.2021.118.4.

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This article examines the significance and the content of the principle of judicial independence and its assurance based on Article 267 of the Treaty on the Functioning of the European Union and Article 19 (1) of the Treaty on European Union. The interaction between these provisions is analysed in the context of the development of the case-law of the Court of Justice of the European Union.

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Engbrink, S. Dennis. "The European Unions External Action: Coherence in European Union Foreign Policy Despite Separate Legal Orders?" Legal Issues of Economic Integration 44, Issue 1 (2017): 5–47. http://dx.doi.org/10.54648/leie2017002.

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The European Union (EU)’s external action is a policy area which continues to be split between an intergovernmental (Common Foreign and Security Policy, CFSP) and a supranational legal regime. Despite this dualism of legal orders the authors of the Lisbon Treaty envisage nevertheless a coherent EU foreign policy. This article will take a look at the reforms brought about by the Lisbon Treaty and will examine the separate legal orders and in particular the demarcation line drawn by Article 40 TEU, which has not been applied by the European Court of Justice yet. It will also analyse legal princi

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Waddington, Lisa. "Article 13 EC: Mere Rhetoric or a Harbinger of Change?" Cambridge Yearbook of European Legal Studies 1 (1998): 175–97. http://dx.doi.org/10.1017/s1528887000001130.

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Since the signing of the Treaty on European Union in Maastricht in 1992, calls have gradually been increasing for a greater recognition of, and firmer foundation for, fundamental (social) rights within the European Union. These calls naturally became louder following the Opinion of the European Court of Justice excluding the possibility of EC accession to the European Convention of Human Rights and during the lead up to the Amsterdam Intergovernmental Conference. Academics, independent EU Advisory Committees, groups representing the interests of EU citizens and residents and the European Parli

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Shenoy, Shravan G. "Treaty of Maastricht :." Jindal Journal of International Affairs 2, no. 1 (2012): 1–19. http://dx.doi.org/10.54945/jjia.v2i1.27.

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The Treaty of Maastricht must be considered as a political compromise in the process of European Integration. Integration plainly does not mean wider Union, but a Union which share closer ties with each other. This article analyses countries which benefited economically, while some other benefited politically. This article also focuses the political dominance of certain member states which were integral in keeping the application of Turkey on hold for long time. This article also puts light on the changes made in the Treaty of Maastricht so that integration of Central and Eastern European Coun

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Waddington, Lisa. "9 Article 13 EC: Mere Rhetoric or a Harbinger of Change?" Cambridge Yearbook of European Legal Studies 1 (1998): 175–97. http://dx.doi.org/10.5235/152888712802820981.

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Since the signing of the Treaty on European Union in Maastricht in 1992, calls have gradually been increasing for a greater recognition of, and firmer foundation for, fundamental (social) rights within the European Union. These calls naturally became louder following the Opinion of the European Court of Justice excluding the possibility of EC accession to the European Convention of Human Rights and during the lead up to the Amsterdam Intergovernmental Conference. Academics, independent EU Advisory Committees, groups representing the interests of EU citizens and residents and the European Parli

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Łukasz Potocki. "European Union defence policy – treaty dimension." Facta Simonidis 10, no. 1 (2017): 147–61. http://dx.doi.org/10.56583/fs.140.

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Defence policy has recently become one of the components of the external dimension the European Union policy, reflecting, in a sense, on the need to be a strategic player in international relations and not only in economic matters. This article presents the evolution of this policy from the 90s to the present solutions. The starting point is a treaty analysis of the principles presented in each document starting with the Maastricht Treaty to the decision in the Treaty of Lisbon. In addition, the specificity of the EU as an international legal entity, and the procedure for deciding on external

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Tkachuk, Olesia. "Znaczenie traktatu lizbońskiego dla rozwoju współpracy między Unią Europejską a jej państwami sąsiedzkimi." Politeja 15, no. 54 (2019): 373–83. http://dx.doi.org/10.12797/politeja.15.2018.54.26.

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The Importance of the Treaty of Lisbon for the Development of Cooperation Between the European Union and Neighbouring CountriesThis article aims to analyse the importance of the Treaty of Lisbon which was signed as of 13th of December 2007 for the development of cooperation between the European Union and neighbouring countries within the framework of the European Neighbourhood Policy in legal and institutional terms.The first part of the article represents the provisions of analysed the Reform Treaty, which regulates the Union’s cooperation with third countries and international organisations,

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Muskaj, Blerina. "The Role of the European Union and the Procedure of Conclusion of International Agreements After the Lisbon Treaty." European Journal of Multidisciplinary Studies 9, no. 2 (2024): 1–11. https://doi.org/10.26417/5tped727.

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The Treaty on the Functioning of the European Union (TFEU) in Article 218 includes all the institutions involved in the legislative decision-making of the Union, the Court of Justice and the High Representative of the Union for Foreign Affairs and Security Policy (HR). The article deals with all the different stages of the life of an international agreement – i.e. negotiations, signature, conclusion, some aspects of implementation, together with the suspension of treaty obligations undertaken by Europe. Article 218 TFEU sets out the general procedure that the European Union (EU) must follow wh

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Vogiatzis, Nikos. "Exploring the European Council's Legal Accountability: Court of Justice and European Ombudsman." German Law Journal 14, no. 9 (2013): 1661–86. http://dx.doi.org/10.1017/s2071832200002467.

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The purpose of this article is to explore the avenues for legal accountability vis-à-vis the European Council after the Treaty of Lisbon. This will be achieved through an assessment of the jurisdictional realms of, on the one hand, the Court of Justice of the European Union (CJEU), and on the other hand, the European Ombudsman, always in relation to the European Council. Legal accountability may be understood in this respect as the supervision of the observance of the European Union (EU) rule of law. The European Ombudsman is an EU body established by the Treaty of Maastricht; by virtue of Art

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Dir, I. Yu. "Main treaties of the European Union." Uzhhorod National University Herald. Series: Law 3, no. 81 (2024): 263–68. http://dx.doi.org/10.24144/2307-3322.2024.81.3.39.

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The article summarizes the main treaties of the European Union, which in one way or another had a significant impact on its development. It was found that after the end of the Second World War, European leaders decided to protect themselves by uniting into a community. Thus, the first treaty where six states united to create a common coal and steel market was Paris Treaty, which was signed in 1951. Its purpose was to create interdependence of states in coal and steel, so that one state could no longer mobilize its armed forces without the knowledge of the others. This is one of the few treatie

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Pasechnyk, Olena. "INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION." Baltic Journal of Economic Studies 8, no. 5 (2022): 146–57. http://dx.doi.org/10.30525/2256-0742/2022-8-5-146-157.

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The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such t

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Соловьев, А. А. "Организация судебного нормоконтроля в Европейском союзе: общая характеристика". СОВРЕМЕННОЕ ПРАВО, № 5 (30 травня 2019): 125–28. https://doi.org/10.25799/ni.2019.57.45.002.

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Рассматриваются общие вопросы организации судебного нормоконтроля в Европейском союзе на межгосударственном уровне. Автор дает определение понятия судебного нормоконтроля в зарубежной правовой доктрине и приходит к выводу, что на уровне Европейского союза он реализуется в первую очередь в рамках Договора, учреждающего Европейское сообщество, Договора о Европейском союзе и Договора о функционировании Европейского союза. При этом ключевую роль в его осуществлении играет Суд Европейского союза. Также рассмотрены отдельные проблемы юрисдикции и функционирования Суда Европейского союза в рассматрив

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