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1
Kotsovili, Maria. "Revisiting the role of European Union institutions in the enforcement of European Union environmental law." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/jspui/handle/123456789/8951.
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Over the past thirty years European Union environmental policy has greatly expanded. Overall, more than three hundred pieces of environmental legislation have been adopted. For many years the European Commission was primarily preoccupied with the introduction of new legislative initiatives. However, progressively inadequate implementation and enforcement became the greatest challenge of European Union environmental policy. Following the final assessment of the Sixth Environmental Action Programme, which concluded that the enforcement of EU environmental law is insufficient, the problem remains as pertinent as ever. This study critically analyzes the institutional, procedural and remedial framework provided for by the European Union Institutions to safeguard the effective enforcement of Union environmental legislation at national level. It focuses on the role of three European Institutions, namely the European Commission, the Court of Justice of the European Union and the European Union legislature in the enforcement of EU environmental legislation. The thesis identifies relevant areas of concern in the exercise of the Institutions’ role pertaining to enforcement. Despite certain limitations to which the doctrines of direct effect, consistent interpretation and State liability in damages have been made subject, their utility as enforcement mechanisms has overall been safeguarded by the Court of Justice of the European Union, which has granted national courts the necessary tools to advance the effectiveness of private enforcement of EU environmental legislation. The thesis criticises the Commission’s new enforcement strategy for focusing on formal implementation of EU environmental law, while neglecting the monitoring of application on the ground. Regarding the legislative intervention of the Union, notably in the areas of environmental liability and criminal enforcement, the thesis argues that proper justification for EU action has not been provided and that the stated purpose of the established regimes has not been attained.
2
Pereira, Ricardo M. "The harmonisation of environmental criminal law in the European Union." Thesis, University of Essex, 2009. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.502195.
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Liang, Zheng Yun. "The enviromental principles of the European Union." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120095.
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Li, Qian. "European Union normative approaches to enviromental governance." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120096.
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Kovaleva, Nadejda V. "Restructuring of European Union agriculture : enforcement and recognition of environmental interest." Thesis, De Montfort University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.391081.
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Hildebrand, Philipp Michael. "Compliance in the international environmental politics : the case of the European Union." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.259981.
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Zhou, Jia Lei. "EU water law : the right balance between environmental and economic considerations?" Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637070.
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Scotford, Eloise A. K. "The role of environmental principles in the decisions of the European Union courts and New South Wales Land and Environment Court." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:23d02748-1197-4f33-a6c6-b98fdbf7c5d1.
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The thesis is a comparative legal analysis of environmental principles in environmental law. Environmental principles are novel concepts in environmental law and they have a high profile in environmental law scholarship. This high profile is promoted by two factors – the high hopes that environmental law scholars have for environmental principles, and the increasing prevalence of environmental principles in legal systems, particularly in case law. This thesis analyses the latter, mapping doctrinal developments involving environmental principles in two jurisdictions and court systems – the courts of the European Union and the New South Wales Land and Environment Court. This doctrinal mapping has both narrow and broad aims. Narrowly, it identifies the legal roles in fact taken on by environmental principles within legal systems. Broadly, and building on this assessment, it responds to scholarly hopes that environmental principles (can) perform a range of significant roles in environmental law, including solving both environmental problems and legal problems in environmental law scholarship. These hopes are based on assumptions about environmental principles that have methodological weaknesses, including that environmental principles are universal and that they fit pre-existing models of ‘legal principles’ drawn from other areas of legal scholarship. The thesis exposes these methodological problems and concludes that environmental principles are not panaceas for pressing and perceived problems in environmental law. It does this by showing that the legal roles of environmental principles, which are significant in environmental law and its current evolution, can only be understood by closely analysing the legal cultures in which they feature. This is a conclusion for environmental law scholarship generally – while environmental issues and problems may be urgent and often global, legal analysis of the law that applies to those problems requires close engagement with legal systems and cultures, as they are and as they develop.
9
Borrero, Moro Cristóbal José. "Latest Trends in Environmental Taxation in the European Union." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117911.
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The aim of this work is the study of the latest trends in environmental taxation in several European countries, in an era characterized by a growing political interest in these taxes. With an emphasis on the important technical and legal difficulties that the implementation of these tax measures involve; as well as legal strategies to overcome the above mentioned difficulties in order to establish suitable fiscal measures to achieve a sustainable society and economy.El trabajo aborda el estudio de las últimas tendencias en materia de fiscalidad ambiental en diversos países europeos, en una época caracterizada por un creciente interés político por estos tributos. Poniéndose el acento en las importantes dificultades técnico-jurídicas que la implantación de estas medidas fiscales implican; así como en las estrategias jurídicas para superarlas en aras de establecer medidas tributarias aptas para alcanzar una sociedad y economía sostenibles.
10
van, Onna Joppe H. "A comparison of the environmental regulatory framework on the production of shale gas in the European Union and the United States." Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-96032.
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Pitrone, Federica. "Defining “Environmental Taxes”: Input from the Court of Justice of the European Union." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/122709.
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In this article, the author proposes a new approach to the definition of the term “environmental taxes”, taking into account a recent judgement of the Court of Justice of the European Union.En el presente artículo, el autor propone un nuevo enfoque con relación a la definición del término “impuesto ambiental” tomando en consideración a la jurisprudencia del tribunal de Justicia de la unión europea.
12
Brown, Antje C. K. "Subnational regions matter : implementing EU environmental policies in Scotland and Bavaria." Thesis, University of Stirling, 1999. http://hdl.handle.net/1893/3249.
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With over 280 environmental laws designed to regulate economic activities and tackle pollution problems, EU actors have established an impressive environmental policy. While policy-making has been impressive, implementation has often been disappointing with the result that EU environmental policy now suffers from an 'implementation deficit' whereby policy intentions on paper are not carried out properly 'on the ground'. Until recently, many EU actors and analysts have focused on the initial stages of the policy process, in particular the dynamics of bargaining between Member States. Yet, the overall effectiveness of EU environmental policies depends upon actors 'on the ground' and how they apply the policies in practice. This research moves away from the conventional state-centrist approach and focuses instead on the subnational regions and their role in the overall success of EU environmental policies. The research investigates Scotland and Bavaria and assesses to what extent the two regions shape EU environmental policy implementation. To help with the investigation, the research establishes a 'multi-layered implementation map' which best captures the policy 'filtering' process. The map helps identify formal and informal determinants within the layers which either facilitate or obstruct policy implementation. The research not only compares implementation performances between the Member States and between the regions, it also compares the regions vertically with their 'mother' states and thereby highlights implementation obstacles which would remain undetected with the state-centrist approach. A case study illustrates in detail the formal and practical implementation of the EIA Directive in Scotland and Bavaria. The study confirms that subnational regions feature determinants which differ in many respects from national determinants and influence the effectiveness of EU environmental policies. By highlighting subnational regions and their role in the process, the research contributes to a better understanding of the implementation deficit and presents a more refined picture of the EU environmental policy 'reality'.
13
Li, Wen Jing. "Water governance in a changing climate : adaptation strategy of EU water law." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2586411.
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Deimann, Sven. "Federalism and the environment : finding the right balance in a free trade context in the European Union and Canada." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20530.
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This thesis seeks to probe deeper into possible criteria for allocating jurisdiction over environmental policy in a free trade context. The investigation proceeds by examining first recent moves within the European Community to adjust environmental policy to the principle of subsidiarity. The analysis then adopts a comparative approach and discusses various issues for Canadian environmental policy arising from the Canadian division of powers. The Canadian division of powers is shown to operate with much more narrow principles and rules than under the EC-Treaty with the resultant overlap in concurrent policy-making necessitating various forms and techniques for policy-coordination. A final part of the inquiry engages economic theories of federalism, in particular recent prescriptions for greater decentralization of environmental policy that have informed the debate on subsidiarity. These theories are shown to be deficient in furnishing an adequate account of why individuals would accept regulatory competition without assurances as to a guaranteed minimum of environmental quality irrespective of a particular level of material wealth. The study, therefore, concludes that on a redistributive understanding of environmental policy, central agents, corresponding in their territorial span to the geographical reach of 'markets' have an important role to play.
15
Wei, De Cai. "Trade related environmental measures of European Union : a new kind of trade barriers?" Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b1637069.
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Sheate, William Robert. "Accountability in environmental assessment law, policy and practice : changing paradigms, changing purposes in the European Union, 1985-2010." Thesis, Staffordshire University, 2011. http://eprints.staffs.ac.uk/1897/.
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Twenty five years since the introduction of the European Union (EU) environmental impact assessment (EIA) Directive in 1985 this thesis reflects on how environmental assessment (EA) legislation in the EU has evolved, how it has responded to changing policy contexts (paradigms) and whether the experience of implementing EIA and strategic environmental assessment (SEA) in the EU provides useful insights into the nature and role of environmental assessment (EA) instruments. Paralleling this development of EU legislation has been the continuing and slowly maturing debates around EA theory. Surprisingly ‐ in the context of legal mandates for EA ‐ there is little reference in the EA literature explicitly to the literature on accountability and the role EA may play in this increasingly important aspect of governance. This thesis examines how the legislation has changed over the 25 year period in response to the changing policy context, and – through drawing on empirical action and policy‐oriented research reported in the selected papers – seeks to answer the core research question “To what extent have EA processes, over the course of their evolution in the EU, provided a platform for enhancing accountability and sustainability?”. The thesis examines EA implementation principally from an environmentalist perspective and particularly the way in which NGOs and other advocates for the environment in the UK and EU have used the EA legislation as a lever for increasing democratic, corporate and professional accountability of proponents and decision‐makers alike. Accountability is implicit as a theme underlying the selected papers, but it is the collecting together and synthesis that provides a new lens through which to view EA. The thesis seeks to fill a significant policy and practice gap between the theoretical discussion in the EA community – the role and purpose of EA – and the practical and legal discussions around implementation. From this historical analysis it is clear that EA has had an important role to play – at the legislative level in providing the requirements for accountability, and at the implementation level as the lever that can be used to hold individuals, organisations and authorities to account for their actions. The relationship with the shift to sustainability is shown to be a close one, since sustainable development demands greater public involvement in decision‐making and greater accountability of executive decisions to the public. The lessons from the body of work presented here allow the development of a nascent policy‐oriented theory and research agenda regarding EA’s role in accountability, which provides a framework for a distinctive new area of EA research and policy analysis. Moreover, an accountability perspective on EA could help re‐frame EA for policy makers from being purely an informational and procedural instrument to one which promotes better accountability and sustainability simultaneously.
17
Adams, Marshall Alhassan. "Analysis of European Union Forest Law Enforcement, Governance, and Trade Efficacy: A Multi-Scale Perspective." Antioch University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=antioch159006012650338.
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Holder, Jane. "An analysis of Council Directive 85/337 on the assessment of the effects of certain public and private projects on the environment and the development of environmental law in the United Kingdom." Thesis, University of Warwick, 1995. http://wrap.warwick.ac.uk/108941/.
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From an historical perspective, environmental law is an assembly of common law principles and regulatory techniques derived from public health and planning legislation. Until recently, it lacked a distinct, recognisable identity, and status. A separate discipline of ‘environmental law’ now exists which appears to have an internal coherence and to operate within a settled conceptual framework, anchored by a number of guiding principles. This development is not, though, a one-way process. There is an equally dynamic contraflow of legal disciplines claiming environmental concerns as their own, notably property and tort, company and insurance law. In a similar vein, at both European Union and national levels of government, there is a sense that the very nature of environmental problems means that environmental protection must form part of a wider range of policies and law. This thesis takes account of these recent developments by considering the contribution of environmental assessment to the development of environmental law. It examines the implementation of Council Directive 85/337 on the Assessment of the Effects of Certain Public and Private Projects on the Environment' in the United Kingdom and thus the integration of a European Community method of environmental assessment alongside indigenous’ methods of environmental appraisal in the planning system. Some explanation is required, both as to the choice of subject matter, and to the methodology chosen to write this thesis.
19
Bao, Yong Liang. "Meeting the challenge of EU enlargement : approximation of Environmental legislation." Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b2185450.
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Hedemann-Robinson, Martin. "Enforcement of European Union environmental law : an investigation into developments and challenges concerning the Union's legal framework for addressing non-compliance." Thesis, University of Kent, 2017. https://kar.kent.ac.uk/62026/.
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This thesis brings together a selected sample of my sole-authored legal research publications completed between 2008-2016 and published during the period whilst I held the position of Senior Lecturer in Law at Kent Law School, in the University of Kent (UK). The published works focus on a common subject area: the evolving provisions, principles and institutional structures underpinning the legal framework of the European Union (EU) relevant to the enforcement of EU environmental law. Much of the original inspiration and motivation to undertake research in this legal area may be traced back to my experience working as an official (legal administrator) within the European Commission's Environment Directorate-General of the EU between 2001-2003, during which time I engaged in a range of duties connected directly or indirectly with law and policy concerning the enforcement of EU environmental legislation. The principal aim of this thesis is to provide an overview of the legal analysis and appraisal undertaken by my selected published works on EU law concerning the enforcement of EU environmental protection legislation, drawing out their key findings and ideas and identifying how they complement one another as a collective body of research. The selection of published works chosen for this thesis includes a total of seven pieces, specifically six journal articles and one monograph. This research aims to contribute to a better and more complete understanding of the scope, contents and impact of the EU's legal framework relevant to the enforcement of EU environmental law, whilst also providing critical appraisal and insights into possibilities for enhancing its effectiveness.
21
Malafry, Melina. "Biodiversity Protection in an Aspiring Carbon-Neutral Society : A Legal Study on the Relationship between Renewable Energy and Biodiversity in a European Union Context." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305736.
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There is a vision in the EU for a transition to a low carbon society, including a carbon-neutral energy system, containing a high share of renewable energy. However, this vision is not isolated from other political goals, such as halting the loss of biodiversity by 2020. Both of these goals are accompanied by EU legislation promoting their respective aims. One of the central challenges, in light of this transition, is the very nature of the legal system – that it is rather fragmented – both regarding the substantive law applicable to renewable energy activities and the legal processes that renewable energy activities face. The aim is therefore to discuss certain challenges arising from the fragmented legal system applicable to renewable energy activities. The dissertation is based on EU and Swedish law. First, I investigate the EU’s competence in the field of renewable energy and address how such policy may better reflect the protection of biodiversity. Thereafter, in a Swedish context, I analyse the relationship between protection of biodiversity and promotion of renewable energy. Finally, I address the problems arising from the fragmented legal procedures of renewable energy activities, with the main example of wind power installations and new transmission lines. In general, this study suggests that the current system lacks consistency between renewable energy and nature protection legislation and there is a coordination problem with regards to the permit processes of the development of renewable energy activities. These conclusions point towards a need for a broader perspective on the development of renewable energy activities, which could include: a more integrated planning system for renewable energy activities; exploring the use of derogation rules from the Water Framework Directive; and a more integrated EU renewable energy policy with specific sustainability criteria.
22
Giroux, André François. "The settlement of international environmental trade dispute in GATT : a case study of the European Union - United States gas guzzler tax Dispute." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26446.
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This thesis addresses the issue of international trade and environmental protection, more particularly within the framework of the GATT dispute settlement system. In May 1993, the European Union took issue with the U.S. taxes on automobiles aimed primarily at environmental concerns. The European Union claims that the gas guzzler tax, the luxury tax and the corporate average fuel economy (CAFE) payment are discriminatory and therefore contrary to the principles of GATT Article III.The study of this dispute and the prospective analysis of its outcome show that both the gas guzzler tax and the luxury tax do not constitute a violation of the General Agreement. However, the CAFE payment violate the national treatment obligation and is not justified under the GATT general exceptions. The CAFE payment, despite that it is primarily aimed at fuel conservation, constitute a means of arbitrary and unjustifiable discrimination.
The outcome of this dispute confirms the permissiveness and limits of the GATT rules toward legitimate environmental policies.
23
Wilde, Mark Laurence. "Extending the role of tort as a means of environmental protection : an investigation of recent developments of the law of tort and the European Union." Thesis, Brunel University, 1999. http://bura.brunel.ac.uk/handle/2438/5520.
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The purpose of this thesis is to determine the extent to which it is possible to develop an environmental role for the law of tort. To date, the role of tort has been limited in this context by procedural and substantive difficulties in establishing liability (known as transaction costs). Furthermore, whereas environmental protection is a public interest objective, the law of tort is primarily a means of resolving private disputes. The common law has traditionally regarded private rights as being divisible from public interest issues such as environmental protection. The current debate has been prompted by a number of European Union and Council of Europe initiatives on the subject which consider developing tort in this manner by the introduction of a specialist environmental liability regime. However, much of the current debate lacks an appreciation of a fundamental issue, namely purpose of tort in contemporary Western society. This research seeks to make a valuable contribution by assessing the extent to which it is possible to ground an environmental application of tort in a sound conceptual basis. The thesis commences with an overview of the main torts which are relevant in an environmental context and the difficulties which have been experienced by plaintiffs in establishing liability. Given that the main limitation of tort is that it focuses on private interests; it is considered whether it is possible to develop a public interest model of tort which admits wider issues such as the desirability of environmental protection. This involves consideration of a range of issues, including the `philosophy' underpinning tort, the economics of tort, property law and insurability of environmental liability. It is concluded that it is possible, both in conceptual and practical terms, to develop a public interest model of tort and that, furthermore, there are potential benefits with such an approach. The principal advantage of tort is that it allows private individuals to participate in the policing of the environment. An analysis of EC policy on this subject demonstrates that this may provide the rationale for EC intervention in this field. In the light of these theoretical and policy objectives, the EC proposals, alluded to above, are discussed in depth. These initiatives are compared with solutions adopted by individual Member States which have already implemented their own environmental liability regimes. Conclusions are drawn regarding the extent to which such developments may succeed in increasing the efficacy of tort as a means of environmental protection and the wider implications of such an approach. It is concluded that a specialist environmental liability regime may be instrumental in developing a concept of `stewardship', in which proprietary interests in natural resources entail both rights and responsibilities.
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Hesselgren, Anna. "En kvalitetsanalys av EU:s direktiv om förnybar energi." Thesis, Stockholm University, Stockholm Resilience Centre, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-7765.
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There's no doubt today that mankind has contributed to the changing climate by
her use of fossil fuels. This must change in the nearby future. The European
leaders are expressing concern that renewable energy sources are not being
used to their full potential. The 2001/77/EC Directive on Electricity Production
from Renewable Energy Sources was accepted in 2001 to encourage the
development of energy production from renewable sources, which is
considered a step towards the fulfillment of the goal of the Union, that 12% of
the gross energy consumption should come from renewable energy sources by
the year 2010.
The objective of this thesis is to illuminate the common legislation of the EU
regarding renewable energy with regard to goal fulfillment, judicial quality,
conflicts with other goals of the EU and other faults. The objective is reached
by a hermeneutic study in which interpretation of written text is the main
method. To analyze whether the EU stimulates the usage of renewable energy
within the union I have applied a method used in audits. I have analyzed an
empirical material and drawn conclusions using an inductive method.
It is difficult to make specific demands on the legislation of member states
because the circumstances vary heavily depending on external factors and other
laws. The laws of the European Union must conform to a large number of
criteria to be considered rational and legitimate. They must be in line with the
basic goals of the union, serve the purpose of the legislator, not violate any
human rights and be coherent with other legislation.
Directive 2001/77/EC complies with the fundamental goals of the union. It also
complies fully with basic human rights, particularly the right to a good
environment, which is included in the third generation human rights. The
directive does not however meet all the political rationalities because it does not
serve all intended political purposes. The directive was accepted as an important
step for the union to reach the goals of the Kyoto protocol. It is, however, clear
that the goals for the year 2010, as presented in the directive and the Kyoto
protocol, will not be reached unless the use of renewable energy sources sees a
drastic increase.
25
Arnqvist, Angelica. "The Compatibility of EU State Aid for Environmental Protection with the Polluter Pays Principle : In the Context of the EU Emissions Trading System." Thesis, Stockholms universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-168924.
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This thesis, examines three research questions concerning the coherence between the European Union (EU) rules about State aid for environmental protection and the “polluter-pays-principle” (PPP) in the context of the free allocation practice in the European Union Emissions Trading System (EU ETS). The aim of the first research question is to study whether the free allocation of emission rights within the EU ETS is compatible with the EU State aid rules. The conclusion to this research question is that the free allocation practice does fulfil the criteria to constitute State aid but that the Commission has permitted derogations against this prohibition, provided certain conditions such as necessity and proportionality are fulfilled. The second research question is whether the free allocation method is compatible with the PPP. The PPP can be divided into an economic dimension and a legal dimension and it is concluded that the free allocation practice is contrary to at least the legal dimension of the PPP. According to the OECD, exceptions from the principle can be made but the EU has not established conditions for when such derogations from the PPP can be made. The third research question concerns the compatibility between the EU State aid rules and the PPP. Generally there is no disharmony between the State aid rules and the PPP, since the PPP should not be seen as a mere prohibition against aid to polluters, but can also be considered a complement to State aid rules. However in the specific case of the free allocation rules in the EU ETS, State aid measures contrary to the PPP are carried out. Since the EU has not established conditions for whether derogations from the PPP can be made, it is concluded that the free allocation practice within the EU ETS does expose a disharmony between the PPP and the State aid rules. It is suggested that the EU clarifies the conditions for permitting derogations from the PPP, in preparation for the fourth phase of the EU ETS.
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Sanz, Rubiles Íñigo. "Carbon capture and storage: a novel technique for reducing greenhouse gas emissions regulated by the European Union." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116214.
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This article deals with main aspects of a novel technique for carbon dioxide capture and storage released by large combustion plants. Since this novel technique has become essential for reducing greenhouse gas emissions, it has been regulated by the European Union through the Directive number 2009/31. Therefore, acknowledging relevant legal aspects for regulation, suchas: mandatory, exploration permits, storage among others, the focus has been pointed out on responsibilities and guarantees regime.El presente artículo desarrolla las principales aristas de la captura y almacenamiento del dióxido de carbono emanado de las grandes instalaciones de combustión, novedosa técnica que al tornarse imprescindible para la reducción de emisión de gases de efecto invernadero ha sido regulada porla Unión Europea (UE) a través de la directiva 2009/31. Así, tras reconocerlos aspectos jurídicos relevantes de su regulación —obligatoriedad, permisos de exploración y almacenamiento, entre otros— se incide en el régimen de responsabilidad y garantías.
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Safak, Sukru. "Discussion And Evaluation Of Mining And Environment Laws Of Turkey With Regard To Eu Legislation." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/3/12607665/index.pdf.
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ABSTRACT
DISCUSSION AND EVALUATION OF MINING AND ENVIRONMENT
LAWS OF TURKEY WITH REGARD TO EU LEGISLATION
Turkey is trying to become a member of the European Union. Within this frame,
studies are proceeding for harmonization of the Turkish legislation with the EU
legislation. European legislation might have positive or negative impact on the
mineral extraction industry and national mining law. Since there is no title directly
related to mining policy in the EU legislation the mining policy of EU was evaluated
especially under the titles&ldquoenergy&rdquo
and &ldquo
environment&rdquo
. In this thesis, the Turkish mining regulations and the environmental aspects of the mining activities have been investigated and discussed in comparison with those of EU. The latest developments about mining sectors of Turkey and EU have been evaluated and the comparison between EU directives and Turkish laws and regulations about mining have been made. In this study, modifications that should be realized in laws and regulations and measures that should be taken by Turkey as a candidate country for EU discussed and some proposals have been made.
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Ferri, Federico. "Green economy et droit de l'Union européenne : discipline et perspectives juridiques." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA011/document.
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La thèse a pour sujet la green economy dans le droit de l’Union européenne et se centre sur l’analyse d’un thème qui a été abordé au niveau juridique ces derniers temps. Partant, l’objectif de la recherche vise à délinéer un cadre juridique pour la green economy par rapport à l’Union européenne, en étudiant la signification de ce terme, en en identifiant les liens avec le droit primaire de l’Union, en examinant la façon dont l’Union utilise son droit (dérivé) pour favoriser la transition vers une green economy et enfin, en imaginant des scénarios juridiques (probables ou souhaités) susceptibles de se manifester en vertu de la prise en compte des exigences de la green economy par l’Union européenneThe subject of the thesis is the green economy within European Union (EU) Law; the research thus deals with a theme which started been considered only recently. Therefore, the main purpose of the thesis is to define a juridical framework for the green economy within the EU, by studying the meaning of this concept, identifying links with the EU primary Law, examining the way the EU uses its (secondary) law to boost the transition to such model, and prospecting possible (or desirable) scenarios which might appear as a consequence of the taking into consideration of the green economy by the EU itself
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Fotso, Philippe. "Les conditions juridiques d'intégration environnementale dans la Planification Spatiale Marine (PSM) : Analyse d'opportunité de diffusion d'un processus public en Atlantique tropical (Cap-Vert, Sénégal et Brésil), à l'aune de l'expérience de l'Union Européenne (UE)." Thesis, Brest, 2019. http://www.theses.fr/2019BRES0107.
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La PSM est un processus de mise en cohérence des usages en mer dans un contexte de diversification des activités maritimes. Ce processus public s'est concrétisé dans l'Union Européenne avec l’adoption de la Directive-cadre 2014/89/UE du 23 juillet 2014, établissant un cadre pour la planification de l’espace maritime. La PSM se diffuse de plus en plus dans l’ensemble des régions du monde avec des approches différenciées et la mise en avant des priorités propres à chaque pays. Si la protection de l'environnement ne constitue pas l’objectif essentiel de la PSM, elle n’en demeure pas moins un élément central. La continuité des écosystèmes marins et la dépendance des activités maritimes au milieu supposent d’accorder une place importance à l’enjeu écologique. Il importe désormais de proposer les conditions juridiques qui permettent cette intégration environnementale dans ce processus.L’idée d’intégration en lien avec le concept de développement durable irrigue le processus de planification et découle de l’application du droit de l'environnement notamment par les outils transversaux tels que la participation du public ou encore l’étude d’impact stratégique.Cependant, ces outils n’existent pas partout. C’est pourquoi, nous développons des arguments pour l’adoption et l’adaptation de ces instruments transversaux comme des préalables à l’élaboration des plans spatiaux marins. Ces préalables constituent une condition de la cohérence normative et institutionnelle des activités déployées sur le milieu marin dans un objectif de gestion intégrée.La multiplicité et la diversité des instruments normatifs et institutionnels existant en mer constituent en effet l’un des grands écueils à l’harmonisation des utilisations des espaces marins. La PSM qui se présenterait comme le réceptacle de ces enjeux, dans une finalité de mise en cohérence, nécessite donc un encadrement juridique qui constitue un facteur de sécurité juridique à la fois pour la protection de l’environnement mais aussi pour les acteurs impliquésMSP is a process for ensuring the consistency of uses at sea in a context of diversification of maritime activities. This public process took shape in the European Union with the Directive 2014/89/EU of 23 July 2014, establishing a framework for maritime spatial planning. The MSP is increasingly spreading to all regions of the world with differentiated approaches and the promotion of country-specific priorities. While environmental protection is not the main objective of the MSP, it is nevertheless a central element. The continuity of marine ecosystems and the dependence of maritime activities on the environment imply that the ecological issue must be given a prominent place. It is now important to propose the legal conditions that allow this environmental integration into this process.The idea of integration in connection with the concept of sustainable development informs the planning process, and results from the application of environmental law, in particular through transversal tools such as public participation or strategy impact assessment.However, these tools do not exist everywhere. This is why we are developing arguments for the adoption and adaptation of these transversal instruments as prerequisites for the development of marine spatial plans.These prerequisites are a condition for normative and institutional coherence of activities carried out in the marine environment with a view to integrated management.The multiplicity and diversity of normative and institutional instruments existing in the marine field constitute one of the major obstacles to the harmonization of the uses of marine spaces. The MSP, which would present itself as the receptacle of these issues, in order to ensure coherence, requires a legal framework that constitutes a factor of legal security both for the protection of the environment and for the actors involved
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Yebga, Hot Ange Hélène. "Contribution transdisciplinaire à la réglementation de l'Union Européenne de l'expertise du risque biologique pour la santé et l'environnement." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMC008/document.
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L’expertise du risque biologique joue un rôle central dans l’élaboration et la mise en œuvre de la politique sanitaire et environnementale au niveau de l’Union européenne. Depuis la crise dite de la « vache folle », le législateur de l’Union a reconnu la nécessité d’encadrer davantage cette expertise. Toutefois, si le droit de l’Union s’intéresse au cadre scientifique de l’expertise du risque biologique, il traite de façon lacunaire la question de son cadre juridique. En effet, si les exigences d’indépendance, d’impartialité et de transparence sont affirmées à l’égard de l’expert, leur application manque de clarté et menace à terme la protection de la santé et de l’environnement des citoyens de l’Union. Pour remédier à ce problème, cette étude propose des critères ayant pour but l’établissement d’une réglementation au niveau de l’Union de l’expertise du risque biologique. Ces critères ont été établis après l’analyse du cadre juridique existant, des modèles d’expertise issus des législations de certains Etats membres et tiers à l’Union ainsi que de contributions doctrinalesBiological risk expertise plays a central role in the development and implementation of health and environmental policy at EU level. Since the "mad cow" crisis, the Union's legislator has recognized the need to provide more guidance for this expertise. However, while EU law is concerned with the scientific framework of biological risk expertise, it does not address the issue of its legal framework in a comprehensive way. Indeed, while the requirements of independence, impartiality and transparency are affirmed with regard to the expert, their application lacks clarity and ultimately threatens the protection of the health and environment of EU citizens. To address this problem, this study proposes criteria for establishing EU-level regulation of biological risk expertise. These criteria were established after analysis of the existing legal framework, models of expertise from the legislation of certain Member States and third countries as well as doctrinal contributions
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Sundblad, Maria. "Implementeringen av miljöansvarsdirektivet i den svenska rätten : En europarättslig studie om förvaltningsförfarandet vid miljöskador utifrån principerna om god förvaltning och processuell autonomi." Thesis, Södertörns högskola, Institutionen för samhällsvetenskaper, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-17193.
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The aim of this thesis is to examine how the EU directive 2004/35/EC on environmental liability impacts the Swedish administrative legal order. The thesis examines the directive through two main EU principles - the principle of good administration and the principle of procedural autonomy. The EU principle of good administration as a concept contains various procedural and substantive obligations that make up the subject for examination of the directive, both as regulated in the directive and as general principles of EU law. The directive is analyzed using a comparative method to determine to what extent the procedural and substantive principles of the directive impacts the Swedish administrative law, and weather or not the Swedish regulations comply with the EU principle of good administration. The results of the study shows that, althought there’s a general principle of national procedural autonomy, the EU principles of good administration do affect the Swedish administrative regulation in various aspects, through the implementaion of the directive on environmental liability as well as general principles of EU law. Furthermore the study shows that the Swedish regulations that are used to implement the directive don’t always act in accordance with the EU principles of good administration in certain areas, which potentially could restrain the impact of the directive in the Swedish legal order.
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Senden, Linda. "Soft law in European Community law /." Oxford [u.a.] : Hart, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/384077412.pdf.
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Shi, Feng. "Principles of European Union water law." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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Brancho, Jennie. "Review of Regulatory Policies for Copper and Silver Water Quality Criteria." Kent State University Honors College / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1493904025463972.
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Wennerström, Erik. "The rule of law and the European Union /." Uppsala : Iustus, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-7877.
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Wennerström, Erik O. "The rule of law and the European Union /." Uppsala : Iustus Förl, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/534294081.pdf.
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Drzewińska, Agata. "Digital exhaustion in European Union." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-385620.
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The plea of applying the exhaustion doctrine to intangible copies of copyrighted artistic works has been extensively discussed within scholar circles. Although, the debate substantially concerns provisions of the international treaties and the explanation of the exhaustion doctrine under European Union copyright law, the subject brings more uncertainties. Under the European Union copyright law the distribution right is exhausted after the first sale with the consent of a right holder. However, there is neither explicit regulation nor decision in regard to the exhaustion doctrine to the online resale of digital goods. As the act of distribution is shifting and fulfilled through digital means these days, the application of the first sale doctrine is challenged. The given work provides with the legal, organizational and technological analysis of the exhaustion doctrine under European Union copyright law and possible scenarios in respect to digital secondary market.
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Abell, Philip Mark. "The regulation of franchising in the European Union." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/2326.
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Business format franchising is a specific, distinct and uniform type of commercial activity with significant economic impact in the European Union. It stimulates economic activity by offering significant advantages to all those involved, improving distribution and giving business increased access to other member states. It comprises nearly 10,000 franchised brands, which account for over €215 billion (US$300 billion) turnover per annum. However, compared to its scale in the USA and Australia, franchising is not realising its full potential in the EU. Its disproportionate concentration in the UK, Germany, France, Italy and Spain also evidences that franchising is not promoting trade between member states as much as it could and should do. Applying a comparative law approach and drawing upon member states’ existing statutory laws, this thesis seeks to show that this underdevelopment of franchising in the EU is, in part, due to the regulatory environment it is subject to. This is primarily because of two distinct factors. Firstly, a failure by the member states’ regulatory eco-systems to adequately govern franchising. They fail both to adequately reinforce the economic drivers that attract franchisors and franchisees to franchising and to reduce to an appropriate level the inherent consequential risk to which both parties are exposed. Secondly, there is a lack of homogeneity between the different legal eco-systems which amounts to a barrier to trade between member states. It is proposed that the adoption of an appropriately drafted directive will not only harmonise the approach of the EU’s legal eco-systems towards franchising but will also re-enforce the relevant economic drivers and reduce the inherent consequential risks to an appropriate level. It is suggested that the directive does this by accentuating the influence of three commercial imperatives on the EU’s legal eco-systems. These are promoting market confidence in franchising, ensuring pre-contractual hygiene and imposing a mandatory taxonomy of rights and obligations on to the franchise relationship.
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Wong, Nga-ting, and 黃雅婷. "Constructing climate policy : the European Union and China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hdl.handle.net/10722/196075.
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Climate change as an impeding catastrophe has prompted heated debates on the sharing of mitigation responsibilities among nation states. How do climate protection norms come about to influence climate policy-making, especially in major greenhouse gases emitters—the European Union and China? This thesis sets out to examine from the economic, strategic and normative perspectives what considerations are underpinning climate policy-making in the world, the EU, and China. A constructivist approach was taken, with a stress on bottom-up normative influence and mutual constitution of the international and local contexts. Building on primary sources from the speech, policy directives and reports by both state and non-state actors and others, analysis was carried out with the assistance of scholarly literature from the field of political economy, international relations and global environmental politic. Energy policy is elucidated to show how climate policy is mainstreamed and how reconciliation is possible among competing considerations. Findings of this thesis indicate that economic competitiveness is the primary consideration factor. While strategic interests often go parallel with economic ones, normative considerations sometimes contradict economic competitiveness in the short-term. It is also found that openness of political system and international status and identity seem to govern the extent of normative influence on climate policy-making. Despite rhetorical commitment, China‘s growth imperative and strong belief in the “common but differentiated responsibilities” present great obstacles to adoption of climate protection norms. In Europe, recession gives rise to a two-fold challenge—to deliver promises of green growth and to prevent erosion of public support for climate actions. Finally, as the thesis strongly recognizes the agency of non-state actors and citizens, it draws a number of implications on how they can influence climate policy-making in Europe and China.published_or_final_version
Modern Languages and Cultures
Master
Master of Philosophy
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Lindholm, Johan. "State Procedure and Union Rights : A Comparison of the European Union and the United States." Doctoral thesis, Uppsala : Iustus, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016250418&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.
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Chaves, Mariana. "The evolution of European Union criminal law (1957-2012)." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/590/.
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This thesis addresses the nature of European Union criminal law (ECL). It claims that ECL has evolved along two main expanding dynamics, both with a significant punitive emphasis. The first dynamic of ECL focuses on the fight against a particular type of criminality that the European Union perceives as threatening to its goals - ‘Euro-crime’ - a criminality with particular features (complex in structure and which attempts primarily against public goods) that reflects the nature of contemporary societies. This focus was brought about by rationales such as the fight against organised crime, the protection of EU interests and policies, and recently, the protection of the victim. In turn, the second dynamic of ECL reinforces the State’s capacity to investigate, prosecute and punish beyond its own national borders. It does so, not only in relation to Euro-crime, but also in relation to a broader range of criminality. This thesis will further argue that these two dynamics have contributed to a more severe penality across the European Union by increasing levels of formal criminalisation; by facilitating criminal investigation, prosecution and punishment; and by placing more pressure on more lenient States. Furthermore, it will claim that this punitive emphasis of ECL has, more recently, begun to be nuanced. This has taken place at the national level as some Member States have shown reluctance to fully accepting the enhanced punitive tone of ECL instruments. It has also taken place at EU level as the punitive emphasis of EU legal instruments was modulated and the protection of fundamental rights has taken a more central place in the ‘post Lisbon’ framework. Thus, at this later stage of ECL a dialectic between punitiveness and moderation began to surface.
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Cole, Matthew. "Tying law in the European Union : theory and application." Thesis, Cardiff University, 2014. http://orca.cf.ac.uk/73237/.
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This research investigates the theoretical foundations of EU competition tying law. While tying prohibitions have existed in the EEC Treaty since 1957 the theoretical foundations of tying are not well understood. This thesis provides crucial insight into the theory and theoretical validity of tying law. This thesis focuses on answering three questions in relation to tying: One, what was the original economic theory underlying the prohibition on tying? Two, how has this changed and on what economic principles is tying law currently based? Three, are these principles appropriately aligned with the current state of economic thinking? In order to answer these three questions this thesis considers three leading schools of thought in competition law (Ordoliberalism, the Chicago School of antitrust analysis and post-Chicago antitrust analysis) before analysing the jurisprudence of the EU Commission and courts and establishing which theory forms the foundation of EU tying law. This research makes an interdisciplinary contribution through the use of both legal-historical analysis and legal-economic analysis. This yields important results on the historical development of tying law in Europe and also provides an economic analysis of the validity of EU law, assessing whether the aims of the law are economically valid and effectively applied. Where there are failures in the application of the law, normative proposals are given in order to demonstrate how the law and its application can be improved. The result of this analysis is to establish two distinct periods of theoretical influence (the author calls these the mono- and di-theoretical periods). A novel analysis of the tying decisions made in the software market is also presented and a new theory of foreclosure proposed that explains the decisions made in that market.
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Bobić, Ana. "The jurisprudence of constitutional conflict in the European Union." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:11f62d7d-3eba-43de-8d41-144ca733b1c0.
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The aim of the thesis is to address the jurisprudence of constitutional conflict between the Court of Justice and national courts with constitutional jurisdiction. It seeks to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. In so doing, the goal is to determine if the theory of constitutional pluralism can explain and guide the application of the principle of primacy of EU law in the jurisprudence of constitutional conflict. The analysis has been carried out on two levels. First, by exploring sovereignty claims by the courts under analysis, as well as reconciliatory vocabulary they employ to manage and contain constitutional conflict. Second, by further studying the three areas of constitutional conflict - ultra vires review, identity review, and fundamental rights review - to provide more nuance in the analysis of the way the Court of Justice has expanded the self-referential system of the Treaties; the different limits that constitutional adjudicators have placed on the principle of primacy as a result; and what possible solutions they envisage in the event of a constitutional conflict. All the courts under analysis have employed the vocabulary of mutual respect and self-restraint as principles guiding the resolution of constitutional conflict. Constitutional conflict is managed through incremental and permanent contestation and accommodation of their opposing claims to sovereignty (the auto-correct function of constitutional pluralism) that results in the uniform interpretation and application of Union law, but keeping in line with conferral as its defining principle. The analysis demonstrated the existence of a heterarchical constellation - the potential of all the courts involved for being ranked in a number of different ways at different times - grounded in mutual respect and self-restraint.
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Guliyeva, Gulara. "The rights of minorities in the European Union." Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/1066/.
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With the coming into force of the Lisbon Treaty, EU law now contains explicit references to minority rights in Article 2 TEU and Article 21 of the Charter of Fundamental Rights. Combined with other EU norms on non-discrimination on the grounds of race or ethnic origin, and policies on culture and education, these references may be regarded as providing the preconditions for an EU regime of minority protection. This thesis investigates whether the EU should take these developments any further, and play more prominent role in protecting minorities in its Member States. This research question is addressed through four case studies on various aspects of minority protection, i.e., (1) the right to political participation, (2) the freedom to manifest religion, (3) the right to mother-tongue education, and (4) the right to autonomy. The case studies, based on examples from EU Member States (namely Latvia, Belgium and the United Kingdom), highlight that the EU could undoubtedly play a greater role in minority protection. However, instead of enacting its own rules on their protection, a more practical way forward could be for the EU to support implementation of the Council of Europe’s Framework Convention for the Protection of National Minorities by Member States.
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Zahn, Rebecca Lisa. "German and British labour law in a European context following European Union enlargement." Thesis, University of Edinburgh, 2011. http://hdl.handle.net/1842/5623.
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This thesis examines and compares German and British trade union responses in a European context following the recent European enlargements which are unprecedented in the history of the European Union. In terms of labour law, a majority of the ten Central and Eastern European countries which acceded in 2004 and 2007 combine weak domestic labour protection systems with a high proportion of workers and enterprises keen to take advantage of their free movement rights under the European Treaty. This has created a climate of fear amongst workers and trade unions in old Member States that their economic and social position is being threatened by those workers and enterprises who may avail themselves of their rights under the Treaty in order to engage in ‘social dumping’. Historically, the European Union has sought to counteract these fears by ‘europeanising’ certain aspects of national legal systems in order to alleviate competition. However, the ‘europeanisation’ of different labour law systems has always proved problematic due to the socio-cultural context within which national labour laws have developed. Following the recent European enlargements, the debate on the role of the EU in ‘europeanising’ national social and legal practices has been revived. In particular, European enlargement has thrown up changed regulatory and opportunity structures for the social partners. These structural changes at a European level have occurred primarily as a consequence of an increase in the free movement of workers, services and establishment. Against this background, the purpose of this thesis is to undertake a comparison of the responses of German and British trade unions to the challenges posed by the recent European enlargements. A successful comparison and analysis of the responses of trade unions enables a determination of the impact that trade union responses may have on new Member State workers availing themselves of their free movement rights under the EU Treaty. There is an intense debate as to how, and if, social partners at a national and European level may be able to contribute to, or hinder, the protection of new Member State workers in Germany and the UK. Depending on how trade unions respond their contribution may be viewed as positive or negative. However, this thesis yields suggestions as to how trade unions could respond in order to facilitate the integration of new Member State workers into the host labour markets and proposes a new model for studying aspects of europeanisation.
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Green, Daniel Nicholas. "The environmental dimension of the European Union LEADER1 programme." Thesis, University of Bristol, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.299607.
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Guasco, Clément. "Environmental NGOs: Channels of Democracy for the European Union." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23688.
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The notion of democratic deficit has been at the centre of many debates on theEuropean Union for the last 30 years. The reason is, to a certain degree, linked to the lack oflegitimacy of the European Commission, which is not elected and remote from the Europeancitizens. However, the Commission seems to have found a positive way to increase itslegitimacy by the inclusion of civil-society in the decision-making process. The interactionbetween the Commission and two Environmental NGOs will therefore be analysed in order tomake a constructive contribution to the debate. The present paper does not limit itself tonormative statements on reality and considers that there is more to socio-political relationsthan “true” verifiable facts. Therefore, it is not limited to the formal decision-making process,and goes deeper into the socialisation process at play between the different actors. Theoutcome is that the Environmental NGOs studied appears as valuable models for theimplementation of new democratic channels for the representation and participation ofEuropean citizens.
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Perpétuo, Rodrigo. "DIGITAL EXHAUSTION IN THE EUROPEAN UNION." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-353717.
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In the past, copyrighted works were distributed exclusively through physical means, while copyright law developed to bestow copyright holder a privilege to decide when and under what circumstances a work should be put into circulation. The first sale doctrine, however, limited that ability in so far as, once a product is sold, copyright owners can no longer control the flow of that particular product, benefiting consumers and society in several ways. Today, as distribution is increasingly shifting into digital, the application of the first sale doctrine is challenged. This work provides for an analysis of the first sale doctrine under EU law and the ECJ case law in matters of digital exhaustion. It is shown that many of the benefits of first sale stem from traditional understandings of what means to own a physical copy and when it comes to the digital environment, the first sale doctrine seems to be undermined, and so do its benefits. It is argued that there is still some room for exhaustion, despite the lack of clarity of the wording of the InfoSoc Directive and Software Directive and the absence from the ECJ to provide for a final interpretation. Further to the analysis, it is shown that the promotion of a right to access and a right to transfer digital copies is still possible, even though they may not be the right answer to the issue of exhaustion in a digital economy by virtue of how market has developed and consumers response to it.
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Hoehler, Ulrich Walter. "The future of the judicial system in the European Union /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32805.
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The judicial system in what is now the European Union has been subject to only a few structural changes since the Court of Justice assumed jurisdiction over the European Economic Community and the European Atomic Energy Community. In a more significant development, the Court of Justice has shaped its own role and its relationship with the courts of the Member States. Today, the functioning of the resultant system is put at risk by an increasing case-load and duration of proceedings, but also by the impact of certain developments in the Community legal order and the intended enlargement of the European Union. Various mechanisms of reform, including those now framed by the Treaty of Nice, may remedy individual problems. But only the re-organisation of the courts according to their different essential tasks will lead to a principled structure for the future.
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Larsen, Signe. "The European Union as a federation : a constitutional analysis." Thesis, London School of Economics and Political Science (University of London), 2018. http://etheses.lse.ac.uk/3787/.
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What type of political association is the European Union? From the start of the European integration process, this question has puzzled scholars. Many different answers have been offered, but in the absence of an agreed response, most scholars implicitly avoid the issue by suggesting that the European Union is ‘sui generis’. In contrast, this thesis maintains that the European Union is a federation (Bund): a political union of states founded on a federal treaty-constitution that does not constitute a new federal state. The thesis maintains, further, that the federation is a discrete form of political association on a par with, though differentiated from, the empire and the state. The thesis aims to make three contributions. First, to contribute to the constitutional theory of the European Union by solving the mystery of its political form. Second, to contribute to the constitutional theory of the federation through an in-depth case study of the European Union as a federal union of states. Third, to contribute to both European Union studies and federalism studies by showing, first, how some of the most profound constitutional questions of the contemporary European Union raised by the rise of authoritarianism in Poland and Hungary and the Eurozone crisis can be properly understood on the basis of the constitutional theory of the federation. Second, by demonstrating how these contemporary issues shed light on the most difficult question for the constitutional theory of the federation: whether, to what extent and under what circumstances the Union has authority to intervene in the internal constitutional affairs of its Member States.