Academic literature on the topic 'Scope of application of EU law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Scope of application of EU law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Scope of application of EU law"
1
Talus, Kim. "Risks of Expanding the Geographical Scope of EU Energy Law." European Energy and Environmental Law Review 26, Issue 5 (2017): 138–47. http://dx.doi.org/10.54648/eelr2017018.
Full textAbstract:
In the pursuit of its energy policy objectives, the EU has endeavoured to extend the application of internal energy law to non-EU countries. Until now the application of EU law has. in this context, focused on specific provisions of private law, but the latest proposals from the Commission have the intention to give EU energy law wider extraterritorial effect. The objective of this Article is to examine the risks that would entail from international law, if EU energy law is extended extraterritorially to non-EU countries. For one, the United Nations Convention on the Law of the Seas (UNCLOS) establishes a number of rights to marine pipelines. More generally, the international trade rules of the WTO apply also to trade in energy goods and consequently create a number of rights and obligations. These aspects are discussed in relation to various territories that export natural gas to the EU via pipeline.
2
Bungenberg, Marc. "The Scope of Application of EU (Model) Investment Agreements." Journal of World Investment & Trade 15, no. 3-4 (2014): 402–21. http://dx.doi.org/10.1163/22119000-01504004.
Full textAbstract:
The contribution examines the personal and material scope of application of future eu International Investment Agreements. Therefore the notions of 'investor' and 'investment' are discussed. The scope of application of iias is one of the most important issues in investment law, as it determines the application of material standards as well as the possibility of investor state dispute settlement. On a comparative basis, the chapter examines the eu approach to this issue. Also the coverage of State owned Enterprises as well as Sovereign Wealth Funds is paid specific attention to. Especially the draft investment chapter of the EU-Canada Comprehensive Economic and Trade Agreement (ceta) is taken as a first orientation for possible wording and structure as well as intention of the scope of application of future eu iias.
3
Ochnio, Ariadna H. "The problematic scope of extended confiscation in comparative perspective." Nowa Kodyfikacja Prawa Karnego 52 (December 13, 2019): 119–33. http://dx.doi.org/10.19195/2084-5065.52.8.
Full textAbstract:
The scope of extended confiscation is determined, inter alia, by the choice of triggering offences in Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The question arises whether EU law guarantees appropriate limits of extended confiscation considering its specificity and the growing range of application in national legal orders. The study compared the normative framework of extended confiscation adopted in the criminal law of Poland, Romania, Germany, Austria, France, Spain, Finland, the Netherlands, and England and Wales. The list of offences, relevant for the scope of extended confiscation, is to be assessed by the Commission by 4 October 2019. The conclusions of the study concern the need to introduce, at the level of EU law, adequate safeguards against the disproportionate application of extended confiscation.
4
Van Peijpe, Taco. "EU Limits for the Personal Scope of Employment Law." European Labour Law Journal 3, no. 1 (2012): 35–53. http://dx.doi.org/10.1177/201395251200300104.
Full textAbstract:
EU Member States are obliged to protect all labourers who fall within the scope of EU labour law. The Member States are free, in principle, to extend the scope of protection by applying a worker concept which includes the economically dependent self-employed. EU free movement principles restrict this freedom of the Member States to apply their own worker concepts. The ECJ makes this freedom almost illusory through a strict application of the subordination criterion for the definition of the concept of ‘worker’, as laid down in its Lawrie-Blum case law. If the ECJ would develop a positive and narrow definition of the concept of self-employed persons, then the Member States would retain the freedom which is necessary to extend adequate protection to the economically dependent self-employed, and to combat bogus self-employment. A few judgments of the ECJ contain materials for the development of such a definition of self-employed persons.
5
Van Leeuwen, Barend. "Market Access, the New Approach and Private Law." European Review of Private Law 27, Issue 2 (2019): 269–91. http://dx.doi.org/10.54648/erpl2019016.
Full textAbstract:
In James Elliott and Schmitt, the ECJ refused to extend the scope of application of European standards adopted under the New Approach to private law disputes. This article argues that the ECJ’s judgments were based on a static interpretation of the concept of market access, which is inconsistent with how the concept of market access has been developed in free movement of goods cases under Article 34 TFEU. It argues for a more consistent and dynamic interpretation of market access. Such an approach would bring private liability cases like James Elliott and Schmitt within the scope of application of EU law. As a result, the conditions and requirements for liability in private law could be reviewed by the ECJ. If the ECJ is not willing to extend the scope of application of the New Approach in this way, the EU legislature should include rules on private liability in the directives adopted under the New Approach.
6
Burdová, Katarína. "EU international family law and third states." Bratislava Law Review 1, no. 1 (2017): 143–48. http://dx.doi.org/10.46282/blr.2017.1.1.69.
Full textAbstract:
The aim of this contribution is to consider whether common provisions of the Brussels IIbis Regulation and of the Maintenance Regulation supersede the national rules only in so far as a given situation has substantial connections to the EU or in all situations irrespective of such connections. We will consider external effect (effect on extra-Union cross-border family cases) of the abovementioned Regulations on the basis of analysis of personal-territorial scope of their application.
7
Hryniewicz-Lach, Elżbieta. "Expanding Confiscation and its Dimensions in EU Criminal Law." European Journal of Crime, Criminal Law and Criminal Justice 31, no. 3-4 (2023): 243–67. http://dx.doi.org/10.1163/15718174-bja10046.
Full textAbstract:
Abstract This article presents the types of extensions observed in the field of asset confiscation in EU criminal law: the extension of the scope of eligible assets at the EU level, the extensive implementation of relevant EU law into national legal orders and the expansion of the territorial effectiveness of confiscation orders. The attention is given also to the EU’s legislative competence in the field of confiscation and to expanding the basis for the application of asset confiscation at the EU level. The article is concluded with some observations on important aspects of asset confiscation, which should be taken into account by broadening the scope of confiscation at the EU level. In the article presented are partial results of research project: ‘Extended confiscation and its justification in light of fundamental rights and general principles of EU law’, financed by the National Science Centre, Poland, in years 2021–2024 (project number: 2020/39/d/hs5/01114).
8
Reich, Norbert, and Olha O. Cherednychenko. "The Constitutionalization of European Private Law: Gateways, Constraints, and Challenges." European Review of Private Law 23, Issue 5 (2015): 797–827. http://dx.doi.org/10.54648/erpl2015049.
Full textAbstract:
Abstract: It seems to be undisputed today that the harmonization of private law in Europe cannot take place without taking fundamental rights into account. Yet many questions still exist as to how and to what extent EU and national private law can and should be influenced by fundamental rights enshrined in the EU Charter of Fundamental Rights. This contribution aims to explore gateways to the EU constitutionalization of private law, constraints thereon, and challenges posed thereby, with a particular focus on contract law in the consumer, employment, and financial services context. After a methodological introduction explaining the special nature of the fundamental rights protection in the EU legal order (s. 1), the authors develop a general framework within which the EU constitutionalization of private law takes place (s. 2). Subsequently, they proceed to examine the fundamental rights scrutiny of EU law and national laws within the scope of EU law (s. 3), the interpretation and application of EU law and national law within its scope in conformity with fundamental rights (s. 4), as well as the controversial concepts of the positive obligations to protect fundamental rights in private relationships (s. 5) and the direct horizontal effect of fundamental rights (s. 6). The contribution concludes with some final observations (s. 7).
9
Van Elsuwege, Peter, and Femke Gremmelprez. "Protecting the Rule of Law in the EU Legal Order: A Constitutional Role for the Court of Justice." European Constitutional Law Review 16, no. 1 (2020): 8–32. http://dx.doi.org/10.1017/s1574019620000085.
Full textAbstract:
The rule of law as one of the core constitutional values of the EU legal order – The rule of law in the case law of the Court of Justice of the European Union – Jurisdiction of the Court on the basis of a combined reading of Articles 2 and 19 TEU – Protecting the rule of law in the Common Foreign and Security Policy – Protecting the rule of law in the member states in order to safeguard the structure and functioning of the EU legal order – Limits to the scope of application of EU law
10
Perrou, K. "Case Law Note: The Application Of The Eu Charter Of Fundamental Rights To Tax Procedures: Trends In The Case Law Of The Court Of Justice." Intertax 49, Issue 10 (2021): 853–61. http://dx.doi.org/10.54648/taxi2021083.
Full textAbstract:
An increasing number of taxpayers rely on the EU Charter of Fundamental rights to challenge various aspects of tax procedures. However, not all cases are included in the scope of application of the Charter; an association with Union law is required. For VAT cases or for complaints relating to the direct application of provisions of EU directives, it is relatively easy to identify such association. This is not always as easy with cases involving direct taxation or those related to the application of purely national legislation that may, however, be a corollary to Union law provisions. For cases that do not have a connecting element with Union law, protection may be granted under the European Convention on Human Rights (ECHR). Tax procedures, however, are only covered by the ECHR if they relate to a criminal charge, leaving a significant number of normal tax proceedings beyond the scope of fair trial guarantees. The different scope of application and ambit of protection granted by the two instruments might lead to disparities in taxpayer protection. The entry into force of an advisory opinion mechanism before the European Court of Human Rights, similar to the preliminary reference procedure before the Court of Justice, may enhance taxpayer protection in the EU. The latter option, however, is to be used with caution: although referring a case that involves Union law to the ECHR is not expressly prohibited, it could arguably amount to a violation of Union law. Tax treaty, nonresident alien, federal tax exemption benefit, case law precedents.
Dissertations / Theses on the topic "Scope of application of EU law"
1
Rudelius, Linda. "The Scope of Marks & Spencer : The applicability to permanent establishments." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-11059.
Full textAbstract:
<p>The European Union (EU) is built on the principle of freedom of establishment, meaning that companies have the possibility to establish themselves as a company or by setting up a secondary establishment in other Member States. This right has been confirmed by the European Court of Justice through case law.</p><p>A basic feature in domestic tax legislation is that losses are allowed to be set off against profits when calculating the tax liability of a company. At the moment cross-border loss compensation within the EU is restricted, unfeasible or just accepted on a temporary basis. This lack of recognition of loss-offset gives the fact that double taxation may occur and claims form two or more national tax systems leads to uncertainty in the way a company will be taxed. Depending on whether the secondary establishment is a subsidiary or a branch, the rules relating to loss compensation differs.</p><p>Taxation of secondary establishments is based on the principle of whether or not they are considered as a resident or a non-resident of the state. In regards to taxation of secondary establishments, the PE is considered to be a non-resident and a subsidiary considered to be a resident. However, the European Court of Justice approach of non discriminatory treatment and equal treatment that has been developed and seen in the history of case law leads to the question if the Marks & Spencer ruling that concerned secondary establishments in form of subsidiaries can be applied to permanent establishments.</p><p>The most vital difference between a subsidiary and a permanent establishment is connected to the taxation of the two. The subsidiary is considered to become a resident of the establishing state while the permanent establishment is seen as a non-resident. This legal difference between the two leads to different treatment under tax law. Taxation under a tax treaty leads to the situation where one of the contracting states will either credit or exempt the income deriving from the permanent establishment. Permanent establishments are often taxed under the method of exemption.</p><p>In the Marks & Spencer case it was held that losses and profits were two sides of the same coin. Applying this statement to permanent establishments gives the notion that if a contracting state exempts an income, there will be a set off of the symmetry of having losses and profits within the same tax system. This lead to the fact that if applying the Marks & Spencer ruling on permanent establishments that are taxed under the exemption method, allowing terminal losses to be taken into account at the head office will set off the symmetry. Therefore it can be considered as the Marks & Spencer ruling shall not apply to permanent establishments.</p>
2
Baddack, Frank. "Lex Mercatoria: scope and application of the law merchant in arbitration." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
Full textAbstract:
Arbitration is the preferred method of dispute resolution in international trade. Naturally, a set of rules is necessary to govern the conflict&rsquo<br>s resolution. For cultural, political, economical or other reasons the parties&rsquo<br>national laws may not serve the individual interests and needs of that particular contract well. If one wants to avoid the application of both parties&rsquo<br>national laws, one can choose that the contract be governed by an a-national legal standard, e.g. general principles of International Trade Law or the general usages of a particular trade. These internationally accepted principles of law governing contractual relations are called lex mercatoria (law merchant).<br />
<br />
Lex mercatoria already existed in the Middle Ages and can even be dated back to antiquity. Later it disappeared through the nationalization of International Trade Law and was rediscovered in the 1950s, when international traders were again creating their own law and disputes were increasingly resolved outside of the national jurisdictions and applying a-national law. Lex mercatoria is being applied more and more by arbitrators and is therefore becoming increasingly important for dispute resolution in International Trade. Numerous different concepts and theories of lex mercatoria have been developed. Its being an autonomous legal system is questioned by some authors and the doctrine in favour of it called unfounded. The critics also argue that the authority to apply lex mercatoria may be a recipe for amateurism and the substitution of the arbitrator&rsquo<br>s private preferences for the parties&rsquo<br>intentions, for itis easy to proclaim common principles on the basis of limited knowledge. The lex mercatoria is said only to exist because scholars talk about it. However, these and other allegations can be refuted by critically analyzing the arguments that are supposed to underline those assumptions. Applying lex mercatoria to solve international trade disputes has many advantages. By choosing lex mercatoria the parties avoid rules which are unfit for international contracts, e.g. peculiar formalities, brief cut-off periods and special difficulties created by domestic laws. In addition to that, neither of the parties has the advantage of having the dispute governed by his own law. Since one of the central rules is the principle of good faith and fair dealing, lex mercatoria neither leads to arbitrary results nor does it favour the rich. Is it possible for the arbitrators to apply lex mercatoria if no law has been chosen by the parties? The failure of the parties to indicate a choice could well mean that they did not wish to have their contract governed by any of their national laws. In some awards arbitrators applied lex mercatoria as they considered the community of international merchants to be autonomous and to exist beyond national legislation. However, it cannot be deduced from the absence of such a choice that the parties have impliedly chosen lex mercatoria to be the law governing the conflict. Lex mercatoria is applicable only as a subsidiary law in cases where no national law has been chosen and seems apt.
3
Cattaneo, Andrea. "The application of EU competition law to sport." Thesis, Edge Hill University, 2017. http://repository.edgehill.ac.uk/9943/.
Full textAbstract:
The thesis has looked at the application of competition law of the European Union to sport. The main objective of the thesis is to understand whether the European institutions have adopted a sport-specific approach when applying competition law, and to identify problems connected to it. Sport presents a number of characteristics that differentiates it from any other industry. It is an area where private and public interests arise and demand protection. These range from private economic interests, to the protection of cultural aspects, health and well-being, and employment. The European Union has moved from an approach according to which sporting rules were not falling under EU law, to one where any sporting rule is capable of having economic effects and could therefore be assessed. In parallel, Sport Governing Bodies have stopped rejecting the intrusion of EU institutions in sport, and have accepted that the role of the authorities could be channelled to guarantee an area of autonomy. The thesis provides an original contribution to the body of knowledge in assessing the intensity of the economic analysis adopted by the EU institutions when examining conduct of Sports Governing Bodies. This aspect is particularly connected to the specific characteristics of sport, and of the sporting market. The research suggests to adopt a system of governance that is more collaborative and inclusive, and that is capable of representing the needs and protect the interest of all the industry stakeholders. This would require a greater involvement of the stakeholders in the rule setting and enforcement procedure, in order to channel the expertise of Governing Bodies and restrict the tendency to abuse of their regulatory powers.
4
Rondu, Julie. "L'individu, sujet du droit de l'Union européenne." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA015.
Full textAbstract:
Cette thèse vise à analyser l’émergence de l’individu comme un sujet du droit de l’Union européenne s’affirmant face à l’État membre. Elle défend l’idée selon laquelle le droit de l’Union connaît un processus de « subjectivisation fonctionnelle », de source essentiellement juridictionnelle, qui se manifeste par la reconnaissance des droits, des intérêts et de la situation subjective de l’individu, de façon à placer ce dernier au service de la réalisation du projet d’intégration européenne. Prenant une portée constitutionnelle, ce mouvement s’inscrit dans une double logique de protection et d’instrumentalisation de l’individu par l’Union, dialectique inhérente à l’ordre juridique incomplet que constitue l’Union<br>This dissertation aims at describing the emergence of the individuals as subjects of European Union law, asserting themselves against the Member State. It upholds the idea that European Union law undergoes a “functional subjectivation” process, mostly based on case-law, materialized by the recognition of the individuals’ rights, interests and subjective situation, in order to make them agents of the European integration project realization. This movement, taking on a constitutional dimension, is part of both a protective and instrumental approach of the individual by the European Union, dialectic inherent to the European Union incomplete legal order
5
Corlu, Huseyin Cagri. "The application of anti-manipulation law to EU wholesale energy markets and its interplay with EU competition law." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/30135.
Full textAbstract:
Of the findings, the European Commission established in its report on Energy Sector Inquiry, market manipulation constituted a major concern for the functioning and integrity of EU energy sectors. The Commission argued that the responsibility for high prices in wholesale energy markets could be attributed to manipulative practices of energy incumbents and the trust in the operation of operation of sector was largely compromised, due to these practices. Remedies, EU competition law provided, were considered as insufficient to resolve these shortcomings and thus should be supplemented with regulatory-based tools. The findings of the Energy Sector Inquiry and subsequent consultation documents by multiple EU institutions paved the way for the adoption of the Regulation on wholesale energy market integrity and transparency, REMIT, which incorporated into an anti-manipulation rule, specifically designed to prohibit and prosecute manipulative practices in EU wholesale energy markets. Nevertheless, as EU case law on market manipulation has yet to develop and there are uncertainties with respect to the concept of market manipulation. Furthermore REMIT does not preclude the jurisdiction of EU competition law, questions arise as to the scope and the extent of the application of this prohibition. Throughout its chapters, this book explores the scope of and the case law on market manipulation to determine what types of market practices are regarded as manipulative and thus prohibited under anti-manipulation rules. It also focuses on the interplay between REMIT and EU competition law and evaluates factors and circumstances that determine when and what market misconduct can be subject to enforcement proceedings under both anti-manipulation and antitrust rules. As the development of a single, coherent, rulebook that can be relied upon by market participant is fundamental for the functioning of EU wholesale energy markets, the book, finally, provides proposals and measures that can mitigate and resolve the legal uncertainties regarding the regulatory framework REMIT established.
6
Rondu, Julie. "L'individu, sujet du droit de l'Union européenne." Electronic Thesis or Diss., Strasbourg, 2018. http://www.theses.fr/2018STRAA015.
Full textAbstract:
Cette thèse vise à analyser l’émergence de l’individu comme un sujet du droit de l’Union européenne s’affirmant face à l’État membre. Elle défend l’idée selon laquelle le droit de l’Union connaît un processus de « subjectivisation fonctionnelle », de source essentiellement juridictionnelle, qui se manifeste par la reconnaissance des droits, des intérêts et de la situation subjective de l’individu, de façon à placer ce dernier au service de la réalisation du projet d’intégration européenne. Prenant une portée constitutionnelle, ce mouvement s’inscrit dans une double logique de protection et d’instrumentalisation de l’individu par l’Union, dialectique inhérente à l’ordre juridique incomplet que constitue l’Union<br>This dissertation aims at describing the emergence of the individuals as subjects of European Union law, asserting themselves against the Member State. It upholds the idea that European Union law undergoes a “functional subjectivation” process, mostly based on case-law, materialized by the recognition of the individuals’ rights, interests and subjective situation, in order to make them agents of the European integration project realization. This movement, taking on a constitutional dimension, is part of both a protective and instrumental approach of the individual by the European Union, dialectic inherent to the European Union incomplete legal order
7
Rydén, Erik. "Exploring the Scope of Article 19(1) TEU: A New Horizon for the Enforcement of the Rule of Law in EU Member States?" Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-431684.
Full text
8
Bilal, Muhammad. "An enquiry into the application of EU anti-dumping law, with particular reference to Pakistan." Thesis, University of Bedfordshire, 2016. http://hdl.handle.net/10547/622102.
Full textAbstract:
Dumping is to unfairly sell goods at a lower price (at foreign market) as compared to their normal value at domestic market of the manufacturing country, thus causing material injury to the local industry of the importing country. Other researchers have explored the global (WTO Agreement) and the European Union’s (EU) Anti-Dumping law mostly with a commercial perspective. At doctoral level EU-China, EU-Japan and EU-Korea trade relations with reference to the application of protective measures have been studied. This dissertation is, however, the very first aimed to examine the application of EU Anti-Dumping law relating to Pakistan. This is a complete health check of EU-Pakistan trade relations with reference to the application of Anti-dumping duties on Pakistan. This study is a combination of doctrinal research and empirical research, whereby it critically evaluates the Commission’s investigation and the judgements of the EU Courts related to Pakistan and thus establish their consistency or inconsistency; it also studies the voting patterns within the Council and the impact of AD duties on Pakistani imports. It is a qualitative exploratory study based upon an inductive approach. Contradictions are found in the calculations of normal value and export price, constructed normal value, the comparison of normal value and export price, the calculation of dumping margin, and the calculation of injury. Suggestions are made as to the extent to which Unions’ anti-dumping rules need to be reviewed to moderate their tilt that unequivocally favours Union manufacturers. Moreover, this dissertation identifies many provisions of the basic regulation, which being too vague offers multiple interpretations, which are thus recommended to be amended. In the empirical part of this research the voting style of EU member states for or against the adoption of AD measures against Pakistan has been studied. Thereafter, the content analysis of stated reasons for specific voting styles reveals that the member states vote on the basis of the findings and conclusions of investigation as done by the Commission, thus trade partner loyalty is not the reason for their voting. Furthermore, application of the ADDs is found to be reason of import decline from Pakistan to the EU.
9
Nilsson, Andreas. "Application of National Identity in EU law : A case-law analysis of the Court of Justice’s application of national identity in the fields of fundamental rights, internal structures and the free movements." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-389674.
Full text
10
Petersson, Sofie. "Svensk domstols hantering av EU-rätten : domstolens skyldigheter gentemot EU och faktiska genomförande av dessa." Thesis, Växjö University, School of Management and Economics, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-447.
Full textAbstract:
<p>Sveriges inträde i EU 1995 har lett till många förändringar i det svenska rättssystemet. Svenska domstolar har därmed fått en ny arbetssituation och nya skyldigheter. Flera förändringar har skett i svensk processrätt, och grundläggande EU-rättsliga principer som de om direkt effekt och EU-rättens företräde framför nationell rätt, har ställt de nationella domstolarna inför flera utmaningar.</p><p>Den mest grundläggande skyldigheten de svenska domstolarna har gentemot EU är förpliktelsen att inhämta förhandsavgörande från EU-domstolen. Sistainstansrätterna är skyldiga att göra detta närhelst de är osäkra på tolkningen och/eller tillämpningen av en EU-rättslig bestämmelse. Detta är en långtgående förpliktelse som endast har två undantag: det första är i de fall EU-domstolen redan dömt i ett identiskt fall (acte éclairé); det andra är då den nationella domstolen anser att den EU-rättsliga bestämmelsen är tillräckligt klar och tydligt för att den självständigt ska kunna tillämpa den (acte clair).</p><p>Dessa skyldigheter har lett till ett flertal problem för de svenska domstolarna. Sverige har fått skarp kritik från Kommissionen för sistainstansrätternas obenägenhet att inhämta förhandsavgörande.</p><p>Huruvida EU borde ta hårdare tag mot medlemsstaternas nationella domstolar eller om kriterierna för när skyldigheten att inhämta förhandsavgörande borde mjukas upp diskuteras flitigt i nuläget. Det finns företeelser som talar för en utveckling åt både det ena och det andra hållet, vilket gör detta till ett väldigt spännande ämne att studera.</p><br><p>Since Sweden joined EU in 1995 many things has changed in the Swedish legal order. This has led to several new obligations for the Swedish courts. There have been a number of changes in Swedish law of procedure, and fundamental principles of law set down by EU, like the principle of direct effect of EU law and its precedence over national law, has presented many challenges before the national courts.</p><p>The most fundamental obligation of the Swedish courts to EU is the duty to make a reference for a preliminary ruling to the European Court of Justice (ECJ). The courts of last instance are obligated to do this in any case where they are insecure of the appropriate application of EU-law. There are only two exceptions to this rule, namely when the ECJ already has ruled in an identical matter (acte éclairé) and in cases where the national court feels that the correct interpretation of the rule of law in question is obvious (acte clair).</p><p>These obligations have lead to a number of problems for the Swedish courts. The Commission has criticized Sweden because of the national courts of last instance unwillingness to request preliminary rulings.</p><p>Whether EU should toughen up and take action against the national courts disobedience or if the criteria for when an obligation to make a reference for a preliminary ruling should get more flexible is constantly discussed at this time. There are several things that speaks for both of these developments and that makes this a very interesting topic to study.</p>
Books on the topic "Scope of application of EU law"
2
Schreuer, Christoph. Sources of international law: Scope and application. Emirates Center for Strategic Studies and Research, 2000.
Find full text
3
EU law and integration: Twenty years of judicial application of EU law. Hart Publishing, 2014.
Find full text
4
Almășan, Adriana, and Peter Whelan, eds. The Consistent Application of EU Competition Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-47382-6.
Full text
5
Domańska, Monika, Dawid Miąsik, and Monika Szwarc. National Courts and the Application of EU Law. Routledge, 2023. http://dx.doi.org/10.4324/9781003376019.
Full text
6
Digital private copying: The scope of user freedom in EU digital copyright. Routledge, 2012.
Find full text
7
A theory of deference in administrative law: Basis, application, and scope. Cambridge University Press, 2012.
Find full text
8
Łazowski, Adam, ed. The Application of EU Law in the New Member States. T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-429-5.
Full text
9
Roman-Dutch law in Sri Lanka: An introduction : its origin, scope and application. [S. Sarath Mathilal De Silva], 2013.
Find full text
10
The free movement of capital and foreign direct investment: The scope of protection in EU law. Oxford University Press, 2009.
Find full textBook chapters on the topic "Scope of application of EU law"
1
Planzer, Simon. "Scope of Application in EU Gambling Law." In Studies in European Economic Law and Regulation. Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-02306-9_6.
Full text
2
Ustaran, Eduardo. "The Scope of Application of EU Data Protection Law and Its Extraterritorial Reach." In Beyond Data Protection. Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-33081-0_8.
Full text
3
Sadowski, Wojciech. "The Rule of Law and the Roll of the Dice. The Uncertain Future of Investor-State Arbitration in the EU." In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_13.
Full textAbstract:
AbstractInvestment treaty law and EU law began to develop in the same era and share some important philosophical and axiological foundations. The pressure on the CEE countries to enter into numerous bilateral investment treaties in late 80s and early 90s, in the context of the EU accession aspirations of the former communist countries, was likely to result, eventually, in a conflict between EU law and investment treaty law. The conflict could have been managed in three different ways, yet the CJEU decided in Achmea to declare an undefined volume of intra-EU arbitrations to be incompatible with EU law. This important judgment, which delivered an outcome desired by the European Commission and a number of Member States, is based on questionable legal reasoning that creates high uncertainty in this area of law. The doubts include the scope of application of Achmea, which is now a highly debatable issue. The CJEU itself saw it necessary to limit the scope of Achmea by declaring in Opinion 1/17 (CETA) that the legal reasoning of Achmea did not apply to investment protection treaties with third countries. The Member States of the EU remain politically divided in their views as to whether Achmea applies to the Energy Charter Treaty. And while the problems with the rule of law and independence of the judiciary in certain Member States continue to grow, Achmea has left an important gap for which there is no substitute in the current architecture of the EU legal system.
4
Voigt, Paul, and Axel von dem Bussche. "Scope of Application of the GDPR." In The EU General Data Protection Regulation (GDPR). Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-57959-7_2.
Full text
5
Wiberg, Maria. "Scope of “Service Activities”." In The EU Services Directive: Law or Simply Policy? T.M.C. Asser Press, 2014. http://dx.doi.org/10.1007/978-94-6265-023-7_9.
Full text
6
Petja, Ivanova. "Part II Defining and Assessing the Scope of the Crowdfunding Regulation, 3 The Scope of the Crowdfunding Regulation and the Impact of Brexit." In The EU Crowdfunding Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192856395.003.0003.
Full textAbstract:
This chapter clarifies the scope of application of the Crowdfunding Regulation. It also discusses the impact of Brexit on the application of the crowdfunding legal framework and the further development of the crowdfunding market. According to Article 1(1), the uniform requirements of the Crowdfunding Regulation apply to crowdfunding service providers (CSPs), including their organisation, authorization, and supervision and the operation of crowdfunding platforms, and to the provision of crowdfunding services and transparency and marketing communications. Yet, the provisions of the Crowdfunding Regulation either remain inapplicable to particular forms of crowdfunding, or result in an interdependence with other existing EU instruments. Despite the obstacles still existing and within the limits of the Crowdfunding Regulation, cross-border operations of CSPs throughout the Union are significantly facilitated.
7
Lenaerts, Koen, Piet Van Nuffel, and Tim Corthaut. "Limitations and Exceptions to the Application of the Treaties." In EU Constitutional Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0011.
Full textAbstract:
This chapter assesses the limits and exceptions to the application of the Treaties. The personal scope of the Treaties covers all who come under the jurisdiction of the Member States. More generally, legislative acts adopted by the European Union institutions in the various policy areas confer rights and obligations on all natural and legal persons who come within their scope of application, often without any consideration of nationality. Such persons may invoke Union law in domestic courts against other persons or against authorities of their own or another Member State. The chapter then considers the temporal scope of the Treaties, looking at the entry into force and duration of the Treaties, as well their territorial scope. Articles 346 to 348 TFEU allow the Member States to deviate from their general Treaty obligations on grounds of internal or external security. Moreover, during the transitional period which was provided for in the European Economic Community (EEC) Treaty, a Member State could apply to the Commission for authorization to take protective measures if difficulties arose which were serious and liable to persist in any sector of the economy or which could bring about serious deterioration in the economic situation of a given area.
8
Frank, Wijckmans, and Tuytschaever Filip. "Part II Vertical Agreements Under Regulation 330/2010, 4 Article 2(2)–(5): Limits to the Scope of Application of Regulation 330/2010." In Vertical Agreements in EU Competition Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198791027.003.0004.
Full textAbstract:
This chapter addresses certain specific limitations to the scope of application of Regulation 330/2010. In order to determine whether any of these limitations applies and therefore excludes the vertical agreement from the scope of application of Regulation 330/2010, the following additional steps must be addressed: (i) fifth step: Article 2(2) limits the scope of application to only certain agreements between associations of undertakings and their members of suppliers; (ii) sixth step: Article 2(3) addresses the (limited) application of Regulation 330/2010 to vertical agreements containing provisions on IPR; (iii) seventh step: Article 2(4) deals with the application to certain agreements between competitors; and (iv) eighth step: Article 2(5) limits the scope of application to vertical agreements which are not within the scope of application of any other block exemption regulation. The chapter takes the reader systematically through each of these steps and offers concrete and practical guidance.
9
Margarita, Amaxopoulou, and Durovic Mateja. "Part V Protecting the Crowd Under the Crowdfunding Regulation and Beyond, 15 Reward-based Crowdfunding, the Digital Single Market, and EU Consumer Law." In The EU Crowdfunding Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192856395.003.0015.
Full textAbstract:
This chapter highlights the EU legal framework applicable to reward-based crowdfunding, and the consumer protection mechanisms enshrined therein. Reward-based crowdfunding campaigns help small and medium-sized enterprises (SMEs) or even solo start-ups not only with financial support from the ‘crowd’ but also with marketing tools, as well as useful insights and information to realise their dreams and sell their innovative products. While being excluded from the scope of the Crowdfunding Regulation, reward-based crowdfunding falls within the scope of application of EU Consumer Law. The EU consumer acquis is currently being reviewed and modernized, with a view to the creation of a Digital Single Market. The chapter assesses to what extent the current instruments of EU Consumer Law are adequate to deal with the rising phenomenon of reward-based crowdfunding, and how they could be modernised.
10
Raffaele, Battaglini, and Davico Davide. "Part II Defining and Assessing the Scope of the Crowdfunding Regulation, 6 Is the Crowdfunding Regulation Future-Proof?: Forms of Blockchain-based Crowdfunding Falling Outside of the Scope of the Regulation." In The EU Crowdfunding Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192856395.003.0006.
Full textAbstract:
This chapter assesses the scope of application of the Crowdfunding Regulation ratione materiae, with reference to the rapidly evolving world of blockchain-based crowdfunding techniques, such as Initial Coin Offerings (ICOs), Initial Token Offerings (ITOs), and Initial Exchange Offerings (IEOs). It investigates whether the choice to exclude ICOs/ITOs/IEOs from the scope of the Crowdfunding Regulation was correct. The chapter then presents a comparison between the Regulation and the future possible regulation of crypto-assets in the EU, with particular reference to the proposed Markets in Crypto-Assets (MiCA) Regulation, and the Distributed Ledger Technology Pilot Regime. Cryptocurrencies pose two questions that seem far from being resolved: their definition and their legal nature. The term ‘cryptocurrency’ refers to the concept of money, which is misleading or at least reductive. Depending on their functions and technological peculiarities, cryptocurrencies may differ significantly from one to another, which necessarily affects their legal nature.
Conference papers on the topic "Scope of application of EU law"
1
Benvenuti, Edoardo. "PRIVATE INTERNATIONAL LAW AS A MEANS TO PROJECT EU DIGITAL VALUES ABROAD." In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28266.
Full textAbstract:
In light of the pivotal role that new technologies play for the achievement of policy objectives, and considering their ability to negatively affect rights and freedoms in a ubiquitous manner, EU law is adopting a number of instruments to regulate those matters that are particularly influenced by digitalisation. Such instruments include substantive rules applicable to several online activities. This legislation aims at establishing an environment where digital interactions take place in accordance with fundamental rights, whose protection is enshrined within EU primary law, as well as to ensure the proper functioning of the internal market. Given the ubiquitous nature of digital technologies, and in order for these rules to be effective, their scope of application is designed to also include cases that may be strongly related to Third States. In this way, the EU aims at strengthening its digital sovereignty by creating a strong digital single market, and by guaranteeing the protection of European users, whose rights should benefit from the protection of EU substantive law even when digital activities take place abroad. Although the EU has a strong interest in ensuring a broad application of its substantive rules, the possibility for EU law to be concretely applicable abroad depends – in the first place – on the existence of jurisdictional rules specifically designed to apply to disputes that may involve parties from Third States. Nonetheless, while some of the instruments adopted in this area ensure the application of substantive rules by providing for specific grounds of jurisdiction, litigation in these matters will normally fall within the scope of Regulation (EU) n. 1215/2012, whose rules apply – in general – only when the defendant has her/his domicile in the Union. In light of these considerations, the paper will assess the coherence between the broad scope of some of the instruments that the EU has adopted (or is going to adopt) in fields strongly affected by digitalisation – such as the GDPR, as well as other EU’s initiatives pertaining to Artificial Intelligence and to digital platforms – and Regulation (EU) n. 1215/2012, in order to evaluate the ability of the latter to support the application of EU digital standards world-wide.
2
Majić, Helena. "THE CROATIAN CONSTITUTIONAL COURT AND THE EU CHARTER OF FUNDAMENTAL RIGHTS: A LIMBO BETWEN THE CHARTER, THE ECHR AND NATIONAL CONSTITUTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18304.
Full textAbstract:
The Charter of Fundamental Rights of the European Union has been applied directly by the Croatian Constitutional Court since the decision No. U-I-1397/2015 (Act on Elections of the Representatives to the Croatian Parliament) rendered in 2015. Ever since it can be observed that the Charter has been consistently applied both in the proceedings of constitutional review in abstracto and in the proceedings initiated by a constitutional complaint (constitutional review in concreto), however, in a limited number of cases mostly concerning migrations or asylum.Therefore, this paper analyses the application of the Charter in the case law of the Croatian Constitutional Court and the method of interpretation pursued, with special reference to both its shortcomings and benefits. The paper also investigates the reasons for limited application of the Charter, even in those cases which would normally fall under the scope of application of EU law. The analysis indicates two distinct methodological approaches adopted by the Constitutional Court. The first one, where the Charter has been regarded as an interpretative tool only; and the second one, where the Charter has been found to be directly applicable vis-à-vis individual rights inferred from the EU law. The latter approach, first followed in an asylum case No. U-III-424/2019 (X. Y.), had raised new questions on interpretation of the Charter (with respect to the Croatian constitutional framework) in the cases where the Charter's applicability ratione materiae overlaps with the Croatian Constitution and the (European) Convention for the Protection of Human Rights and Fundamental Freedoms, which to the day, in contrast to the Charter, has been consistently followed and therefore legally internalised by the Croatian Constitutional Court. Therefore, the paper also elaborates a new methodological approach adopted by the Croatian Constitutional Court in finding a way out of „limbo“ between the Charter, the ECHR, and the Croatian Constitution.
3
Mihajlović, Borko. "NEPOŠTENA POSLOVNA PRAKSA U SAVREMENIM USLOVIMA POSLOVANjA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.803m.
Full textAbstract:
After enactment of EU Directive on unfair commercial practices, different forms of unfair and unconscious behaviors of traders have come in the centre of interest of modern legal theory. In the first part of this paper, the author analyzes purpose of existence of prohibition of unfair commercial practices, as well as scope of application of this prohibition,using as a starting point scope of application of Directive on unfair commercial practices. Afterwards the author makes a review of legal regulation of unfair commercial practices in Serbian law, which, modeled on EU law, adopts so called three level approach in the regulation of this institution. Finally, the author points to different forms of realization of consumers’ protection from unfair commercial practices, while special attention has been dedicated to the provisions of Consumer Protection Act on protection of collective interests of consumers.
4
Butorac Malnar, Vlatka, Mihaela Braut Filipović, and Antonija Zubović. "RETHINKING UNFAIR TRADING PRACTICES IN AGRICULTURE AND FOOD SUPPLY CHAIN: THE CROATIAN PERSPECTIVE." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18812.
Full textAbstract:
In recent years, the need for a systematic and harmonised way of preventing unfair trading practices (hereinafter UTPs) in the food supply chain has intensified at the European level due to many diverging national legislative solutions. These efforts resulted in the Directive 2019/633 on unfair trading practices (UTPs) in business-to-business relationships in the agricultural and food supply chain. Croatian UTPs Act, enacted already in 2017, was just amended to conform with the requirements of the named Directive. Generally speaking, the UTPs Act sets out rules and measures to prevent the imposition of UTPs in the food supply chain, establishes the list of such practices and sets up the enforcement structure and sanctions. Comparing the Directive to the UTPs Act, the authors discuss the outcome of the transposition pointing to the incorrect scope of application of the national legislation, its potential consequences and de lege ferenda solutions. Further, the authors anlyse the legal nature of the adopted UTPs system concluding that it does not fit into the traditional systematisation of laws jeopardising the coherency of the intricate and complex relationship between relating legislative frameworks. New rules are diverging and overlapping with both competition and contract law, leading to possible undesirable spill over effects in contract law, and unresolved concurring competence with competition law. Authors suggest precautionary interpretative measures as a means of solving the identified legal conundrum.
5
Kramberger Škerl, Jerca. "THE APPLICATION “RATIONE TEMPORIS” OF THE BRUSSELS I REGULATION (RECAST)." In PROCEDURAL ASPECTS OF EU LAW. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2017. http://dx.doi.org/10.25234/eclic/6536.
Full text
6
Karluk, S. Rıdvan. "EU Enlargement to the Balkans: Membership Perspective to the Balkan Countries." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01163.
Full textAbstract:
After the dispersion of the Soviet Union, the European Union embarked upon an intense relationship with the Central and Eastern European Countries. The transition into capital market and democratization of these countries had been supported by the Ministers of Foreign Affairs at the beginning of 1989 before the collapse of the Soviet Union System. The European Agreements were signed between the EU and Hungary, Poland, and Czechoslovakia on December 16th, 1991. 10 Central and Eastern Europe Countries became the members of the EU on May 1st, 2004. With the accession of Bulgaria and Romania into the EU on January 1st, 2007, the number of the EU member countries reached up to 27, and finally extending to 28 with the membership of Croatia to the EU on July 1st, 2013. Removing the Western Balkan States, Serbia, Montenegro, Albania, and Bosnia and Herzegovina from the scope of external relations, the EU included these countries in the enlargement process in 2005.The European Commission has determined 2014 enlargement policy priorities as dealing with the fundamentals on preferential basis. In this context, the developments in the Balkans will be closely monitored within the scope of a new approach giving priority to the superiority of law. The enlargement process of the EU towards the Balkans and whether or not the Western Balkan States will join the Union will be analyzed.
7
Hulicki, Maciej. "ALGORITHM TRANSPARENCY AS A SINE QUA NON PREREQUISITE FOR A SUSTAINABLE COMPETITION IN A DIGITAL MARKET?" In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18823.
Full textAbstract:
Algorithms play a fundamental role in the digital economy. Their impact on the situation of market participants is significant. Hence, ensuring transparency of algorithms, through access to them, is crucial for the proper functioning of the market. Several models of algorithmic transparency are analyzed in the paper: from lack of transparency to complete regulation of algorithms. In particular, transparency through explanation, and “on-demand transparency” were proposed. The goal of the paper is to determine the optimal form and scope of regulation of this area, in order to ensure sustainable competition in the digital market. Hence, the paper focuses on the concept of algorithmic transparency, the nature of the competition in the digital market, the role of algorithms within the digital trade, and problems related to the regulation of algorithms. This allows to answering the question of whether algorithmic transparency is an indispensable condition for sustainable competition in the digital market, and what are the legal challenges, which may arise with respect to various models of algorithm transparency. The paper is embedded within the EU legal framework, discusses new legislative developments in the EU law, such as the proposal for the Digital Markets Act, and includes analysis of EU antitrust case-law and market practices.
8
Stojanov, Michal. "THE APPLICATION OF THE PERSONAL IDENTIFICATIONAL NUMBER FOR EU CITIZENS RESIDING IN THE REPUBLIC OF BULGARIA - PRACTICAL ASPECTS." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.216.
Full textAbstract:
Bulgaria's membership in the EU is accompanied by the formation of innumerable bene-fits and commitments that the country receives as inevitable effects of its integration. Participa-tion in the EU is a prerequisite for improvement and supranational unification in the regulation of certain elements in the national legal framework and in the organization of administrative services in the country. However, for more than a decade there have been areas in which the established regulatory framework is not adequately reflected in the work of the Bulgarian ad-ministrative structures. The paper examines the application of the identifier Personal Number for EU citizens permanently residing in the Republic of Bulgaria, where it is found that it is insuffi-ciently applied, which results in bad practices and practical difficulties.
9
Pejović, Aleksandar-Andrija. "“WOULD MONEY MAKE A DIFFERENCE?”: HOW EFFECTIVE CAN THE RULE-OF-LAW-BASED PROTECTION OF FINANCIAL INTERESTS IN THE EU STRUCTURAL AND ENLARGEMENT POLICY BE?" In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18362.
Full textAbstract:
In recent years, the rule of law and, especially, its “proper” implementation has become one of the most debated topics in Europe in recent years. The “Big Bang Enlargement” marked the beginning of dilemmas whether the new EU Member States fulfil the necessary rule of law criteria and opened the way for divergent views on how to implement TEU Article 2 values in practice. Furthermore, constant problems and difficulty of the candidate countries to fulfil the necessary rule of law criteria added to the complexity of the problem. In turn, the European institutions have tried to introduce a series of mechanisms and procedures to improve the oversight and make the states follow the rules - starting from the famous Treaty on the European Union (TEU) Article 7, the Rule of Law Mechanism, annual reports on the rule of law and the most recent Conditionality Regulation. The Conditionality Regulation was finally adopted in December 2020 after much discussion and opposition from certain EU Member States. It calls for the suspension of payments, commitments and disbursement of instalments, and a reduction of funding in the cases of general deficiencies with the rule of law. On the other hand, similar provisions were laid out in the February 2020 enlargement negotiation methodology specifying that in the cases of no progress, imbalance of the overall negotiations or regression, the scope and intensity of pre-accession assistance can be adjusted downward thus descaling financial assistance to candidate countries. The similarities between the two mechanisms, one for the Member States, the other for candidate countries shows an increased sharing of experiences and approaches to dealing with possible deficiencies or breaches of the rule of law through economic sanctioning, in order to resolve challenges to the unity of the European union. The Covid-19 pandemic and the crisis it has provoked on many fronts has turned the attention of the Member States (i.e. the Council) away from the long running problematic issues. Consequently, the procedures against Poland and Hungary based on the Rule of Law Mechanism have slowed down or become fully stalled, while certain measures taken up by some European states have created concerns about the limitations of human rights and liberties. This paper, therefore, analyses the efforts the EU is making in protecting the rule of law in its Member States and the candidate countries. It also analyses the new focus of the EU in the financial area where it has started to develop novel mechanisms that would affect one of the most influential EU tools – the funding of member and candidate countries through its structural and enlargement policy. Finally, it attempts to determine and provide conclusions on the efficiency of new instruments with better regulated criteria and timing of activities will be and how much they would affect the EU and its current and future member states.
10
Matić Bošković, Marina, and Milica Kolaković Bojović. "NEW APPROACH TO THE EU ENLARGAMENT PROCESS – WHETHER COVID-19 AFFECTED CHAPTER 23 REQUIREMENTS?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22433.
Full textAbstract:
The EU enlargement policy requires creation of the new institutional organization, alignment of legal acts, increasing capacities of administration in the candidate countries. In relation to the Western Balkans the conditionality has an increased focus on good governance criteria, particularly maintenance of the rule of law, an independent judiciary, and an efficient public administration. To address raised concerns of the EU accession process in the Western Balkans as a box-ticking exercise, the European Commission in February 2018, adopted the Credible Enlargement Perspective for an Enhanced EU Engagement with the Western Balkans’ strategy, which introduced some renewed policy objective on the future enlargement of the EU including fundamental democratic, rule of law and economic reforms. In March 2020 the Council of the EU officially endorsed Commission proposal for a new enlargement methodology that is based on grouping the negotiation chapters in clusters, based on their interconnection, which requires tangible progress in all chapters merged to a cluster. The above-mentioned introduction of a new methodology and the decisions of the WesternBalkans candidate countries to apply it, correspond in time with the ongoing Europe and worldwide struggle to overcome challenges imposed by COVID-19 outbreak. The response to the pandemic influenced on the functioning of judiciary across the world and the rule of law in general. To respond to pandemic EU members states accepted new standards in relation to judiciary which tend to be threat or suspension for fundamental rights protection and right to fair trial. Outbreak of COVID-19 revealed new trends in rule of law like limited access to the lawyer in criminal cases, use of IT tools for trials, and cancelation or limitation of public hearings. The scope and modalities of such rule of law exemptions differ across the EU member states. Introduced measures and responses shed a completely new light on the issues of relevant standards in the accession process and modality to be addressed and implemented in the candidate countries. Finally, this also triggers the issue of evaluation and assessment of the reform achievements in candidate countries by EC when measuring the progress. In the analysis of the abovementioned issues the authors assessed whether derogation of the well-established rule of law principles influenced on EU accession requirements towards candidate countries and whether they temporary changed understanding and implementation of the fundamental rights or made permanent transformations in understanding of rule of law requirements.
Reports on the topic "Scope of application of EU law"
1
Mahdavian, Farnaz. Germany Country Report. University of Stavanger, 2022. http://dx.doi.org/10.31265/usps.180.
Full textAbstract:
Germany is a parliamentary democracy (The Federal Government, 2021) with two politically independent levels of 1) Federal (Bund) and 2) State (Länder or Bundesländer), and has a highly differentiated decentralized system of Government and administration (Deutsche Gesellschaft für Internationale Zusammenarbeit, 2021). The 16 states in Germany have their own government and legislations which means the federal authority has the responsibility of formulating policy, and the states are responsible for implementation (Franzke, 2020). The Federal Government supports the states in dealing with extraordinary danger and the Federal Ministry of the Interior (BMI) supports the states' operations with technology, expertise and other services (Federal Ministry of Interior, Building and Community, 2020). Due to the decentralized system of government, the Federal Government does not have the power to impose pandemic emergency measures. In the beginning of the COVID-19 pandemic, in order to slowdown the spread of coronavirus, on 16 March 2020 the federal and state governments attempted to harmonize joint guidelines, however one month later State governments started to act more independently (Franzke & Kuhlmann, 2021). In Germany, health insurance is compulsory and more than 11% of Germany’s GDP goes into healthcare spending (Federal Statistical Office, 2021). Health related policy at the federal level is the primary responsibility of the Federal Ministry of Health. This ministry supervises institutions dealing with higher level of public health including the Federal Institute for Drugs and Medical Devices (BfArM), the Paul-Ehrlich-Institute (PEI), the Robert Koch Institute (RKI) and the Federal Centre for Health Education (Federal Ministry of Health, 2020). The first German National Pandemic Plan (NPP), published in 2005, comprises two parts. Part one, updated in 2017, provides a framework for the pandemic plans of the states and the implementation plans of the municipalities, and part two, updated in 2016, is the scientific part of the National Pandemic Plan (Robert Koch Institut, 2017). The joint Federal-State working group on pandemic planning was established in 2005. A pandemic plan for German citizens abroad was published by the German Foreign Office on its website in 2005 (Robert Koch Institut, 2017). In 2007, the federal and state Governments, under the joint leadership of the Federal Ministry of the Interior and the Federal Ministry of Health, simulated influenza pandemic exercise called LÜKEX 07, and trained cross-states and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007b). In 2017, within the context of the G20, Germany ran a health emergency simulation exercise with representatives from WHO and the World Bank to prepare for future pandemic events (Federal Ministry of Health et al., 2017). By the beginning of the COVID-19 pandemic, on 27 February 2020, a joint crisis team of the Federal Ministry of the Interior (BMI) and the Federal Ministry of Health (BMG) was established (Die Bundesregierung, 2020a). On 4 March 2020 RKI published a Supplement to the National Pandemic Plan for COVID-19 (Robert Koch Institut, 2020d), and on 28 March 2020, a law for the protection of the population in an epidemic situation of national scope (Infektionsschutzgesetz) came into force (Bundesgesundheitsministerium, 2020b). In the first early phase of the COVID-19 pandemic in 2020, Germany managed to slow down the speed of the outbreak but was less successful in dealing with the second phase. Coronavirus-related information and measures were communicated through various platforms including TV, radio, press conferences, federal and state government official homepages, social media and applications. In mid-March 2020, the federal and state governments implemented extensive measures nationwide for pandemic containment. Step by step, social distancing and shutdowns were enforced by all Federal States, involving closing schools, day-cares and kindergartens, pubs, restaurants, shops, prayer services, borders, and imposing a curfew. To support those affected financially by the pandemic, the German Government provided large economic packages (Bundesministerium der Finanzen, 2020). These measures have adopted to the COVID-19 situation and changed over the pandemic. On 22 April 2020, the clinical trial of the corona vaccine was approved by Paul Ehrlich Institute, and in late December 2020, the distribution of vaccination in Germany and all other EU countries
2
Murphy, Keire, and Anne Sheridan. Annual report on migration and asylum 2022: Ireland. ESRI, 2023. http://dx.doi.org/10.26504/sustat124.
Full textAbstract:
Annual Report on Migration and Asylum gives overview of statistics and developments in migration in 2022. The European Migration Network (EMN) Ireland within the ESRI has published its annual review of migration and asylum in Ireland. The EMN is an EU network that provides objective, comparable policy-relevant information on migration and international protection. EMN Ireland is located in the ESRI and is funded by the European Union and the Department of Justice. With an overview of the latest data as well as policy and operational developments, research, and case law from 2022, this report is a comprehensive reference that gives an opportunity to view the entire migration landscape in Ireland. The report shows that many forms of migration are recovering quickly from COVID-19 travel restrictions. It also shows that migration is being impacted by shortages in the labour market and the Russian invasion of Ukraine. As a result of these developments and others, Ireland saw a significant increase in immigration, with 141,600 people arriving in the year leading up to April 2023, according to CSO figures. This represents a 31% increase from the year to April 2022. However, emigration also increased, with 64,000 individuals leaving Ireland during the same period, marking a 14% increase from the previous year. 2022 saw a significant increase in first residence permits (which are granted to migrants from outside the EEA) from 2021. 85,793 permits were issued in 2022, with education the most common reason for permits (48%). Partially reflecting changes to eligible occupations for employment permits, the number of employment permits issued was the highest in the last 10 years. 39,995 employment permits were issued, with the information and communication sector the largest recipient of permits. Key developments in this area highlighted by the report include discussions on and progress with the Employment Permits Bill, changes to the Atypical Working Scheme, plans for a single application procedure for employment permits and immigration permissions, and changes to employment permits occupation lists to respond to labour market shortages. The report analyses international protection, showing significant increases in international protection applications as well as details of applications, decisions made, and statuses awarded. It shows an expansion of decision-making in response to increased applications. Looking at the broader EU situation, the report shows that applications for international protection in Ireland accounted for 1.3% of the EU total in 2022. The report also details the pressure on the reception and accommodation system for international protection applicants and beneficiaries of temporary protection, as well as the extraordinary measures taken to scale these up. It highlights measures taken to implement the White Paper to End Direct Provision and informs on a review of timelines of the plan. It discusses changes made by the International Protection Office to speed up processing, and criticism of these measures by NGOs, as well as details of the regularisation scheme for undocumented migrants and the humanitarian admission of Afghans. The Temporary Protection Directive – an EU Directive that creates an exceptional measure to provide immediate and temporary protection in the event of a mass influx of displaced persons – was triggered for the first time in March 2022, following the Russian invasion of Ukraine. As a result, the report includes a dedicated chapter with statistics relating to arrivals and a detailed overview of Ireland’s response to displaced persons from Ukraine. It also gives a comprehensive overview of other areas of migration, as well as research and case law from 2022, providing a crucial reference text for anyone working in the area.
3
Führ, Martin, Julian Schenten, and Silke Kleihauer. Integrating "Green Chemistry" into the Regulatory Framework of European Chemicals Policy. Sonderforschungsgruppe Institutionenanalyse, 2019. http://dx.doi.org/10.46850/sofia.9783941627727.
Full textAbstract:
20 years ago a concept of “Green Chemistry” was formulated by Paul Anastas and John Warner, aiming at an ambitious agenda to “green” chemical products and processes. Today the concept, laid down in a set of 12 principles, has found support in various arenas. This diffusion was supported by enhancements of the legislative framework; not only in the European Union. Nevertheless industry actors – whilst generally supporting the idea – still see “cost and perception remain barriers to green chemistry uptake”. Thus, the questions arise how additional incentives as well as measures to address the barriers and impediments can be provided. An analysis addressing these questions has to take into account the institutional context for the relevant actors involved in the issue. And it has to reflect the problem perception of the different stakeholders. The supply chain into which the chemicals are distributed are of pivotal importance since they create the demand pull for chemicals designed in accordance with the “Green Chemistry Principles”. Consequently, the scope of this study includes all stages in a chemical’s life-cycle, including the process of designing and producing the final products to which chemical substances contribute. For each stage the most relevant legislative acts, together establishing the regulatory framework of the “chemicals policy” in the EU are analysed. In a nutshell the main elements of the study can be summarized as follows: Green Chemistry (GC) is the utilisation of a set of principles that reduces or eliminates the use or generation of hazardous substances in the design, manufacture and application of chemical products. Besides, reaction efficiency, including energy efficiency, and the use of renewable resources are other motives of Green Chemistry. Putting the GC concept in a broader market context, however, it can only prevail if in the perception of the relevant actors it is linked to tangible business cases. Therefore, the study analyses the product context in which chemistry is to be applied, as well as the substance’s entire life-cycle – in other words, the six stages in product innovation processes): 1. Substance design, 2. Production process, 3. Interaction in the supply chain, 4. Product design, 5. Use phase and 6. After use phase of the product (towards a “circular economy”). The report presents an overview to what extent the existing framework, i.e. legislation and the wider institutional context along the six stages, is setting incentives for actors to adequately address problematic substances and their potential impacts, including the learning processes intended to invoke creativity of various actors to solve challenges posed by these substances. In this respect, measured against the GC and Learning Process assessment criteria, the study identified shortcomings (“delta”) at each stage of product innovation. Some criteria are covered by the regulatory framework and to a relevant extent implemented by the actors. With respect to those criteria, there is thus no priority need for further action. Other criteria are only to a certain degree covered by the regulatory framework, due to various and often interlinked reasons. For those criteria, entry points for options to strengthen or further nuance coverage of the respective principle already exist. Most relevant are the deltas with regard to those instruments that influence the design phase; both for the chemical substance as such and for the end-product containing the substance. Due to the multi-tier supply chains, provisions fostering information, communication and cooperation of the various actors are crucial to underpin the learning processes towards the GCP. The policy options aim to tackle these shortcomings in the context of the respective stage in order to support those actors who are willing to change their attitude and their business decisions towards GC. The findings are in general coherence with the strategies to foster GC identified by the Green Chemistry & Commerce Council.
4
Burns, Malcom, and Gavin Nixon. Literature review on analytical methods for the detection of precision bred products. Food Standards Agency, 2023. http://dx.doi.org/10.46756/sci.fsa.ney927.
Full textAbstract:
The Genetic Technology (Precision Breeding) Act (England) aims to develop a science-based process for the regulation and authorisation of precision bred organisms (PBOs). PBOs are created by genetic technologies but exhibit changes which could have occurred through traditional processes. This current review, commissioned by the Food Standards Agency (FSA), aims to clarify existing terminologies, explore viable methods for the detection, identification, and quantification of products of precision breeding techniques, address and identify potential solutions to the analytical challenges presented, and provide recommendations for working towards an infrastructure to support detection of precision bred products in the future. The review includes a summary of the terminology in relation to analytical approaches for detection of precision bred products. A harmonised set of terminology contributes towards promoting further understanding of the common terms used in genome editing. A review of the current state of the art of potential methods for the detection, identification and quantification of precision bred products in the UK, has been provided. Parallels are drawn with the evolution of synergistic analytical approaches for the detection of Genetically Modified Organisms (GMOs), where molecular biology techniques are used to detect DNA sequence changes in an organism’s genome. The scope and limitations of targeted and untargeted methods are summarised. Current scientific opinion supports that modern molecular biology techniques (i.e., quantitative real-time Polymerase Chain Reaction (qPCR), digital PCR (dPCR) and Next Generation Sequencing (NGS)) have the technical capability to detect small alterations in an organism’s genome, given specific prerequisites of a priori information on the DNA sequence of interest and of the associated flanking regions. These techniques also provide the best infra-structure for developing potential approaches for detection of PBOs. Should sufficient information be known regarding a sequence alteration and confidence can be attributed to this being specific to a PBO line, then detection, identification and quantification can potentially be achieved. Genome editing and new mutagenesis techniques are umbrella terms, incorporating a plethora of approaches with diverse modes of action and resultant mutational changes. Generalisations regarding techniques and methods for detection for all PBO products are not appropriate, and each genome edited product may have to be assessed on a case-by-case basis. The application of modern molecular biology techniques, in isolation and by targeting just a single alteration, are unlikely to provide unequivocal evidence to the source of that variation, be that as a result of precision breeding or as a result of traditional processes. In specific instances, detection and identification may be technically possible, if enough additional information is available in order to prove that a DNA sequence or sequences are unique to a specific genome edited line (e.g., following certain types of Site-Directed Nucelase-3 (SDN-3) based approaches). The scope, gaps, and limitations associated with traceability of PBO products were examined, to identify current and future challenges. Alongside these, recommendations were made to provide the infrastructure for working towards a toolkit for the design, development and implementation of analytical methods for detection of PBO products. Recognition is given that fully effective methods for PBO detection have yet to be realised, so these recommendations have been made as a tool for progressing the current state-of-the-art for research into such methods. Recommendations for the following five main challenges were identified. Firstly, PBOs submitted for authorisation should be assessed on a case-by-case basis in terms of the extent, type and number of genetic changes, to make an informed decision on the likelihood of a molecular biology method being developed for unequivocal identification of that specific PBO. The second recommendation is that a specialist review be conducted, potentially informed by UK and EU governmental departments, to monitor those PBOs destined for the authorisation process, and actively assess the extent of the genetic variability and mutations, to make an informed decision on the type and complexity of detection methods that need to be developed. This could be further informed as part of the authorisation process and augmented via a publicly available register or database. Thirdly, further specialist research and development, allied with laboratory-based evidence, is required to evaluate the potential of using a weight of evidence approach for the design and development of detection methods for PBOs. This concept centres on using other indicators, aside from the single mutation of interest, to increase the likelihood of providing a unique signature or footprint. This includes consideration of the genetic background, flanking regions, off-target mutations, potential CRISPR/Cas activity, feasibility of heritable epigenetic and epitranscriptomic changes, as well as supplementary material from supplier, origin, pedigree and other documentation. Fourthly, additional work is recommended, evaluating the extent/type/nature of the genetic changes, and assessing the feasibility of applying threshold limits associated with these genetic changes to make any distinction on how they may have occurred. Such a probabilistic approach, supported with bioinformatics, to determine the likelihood of particular changes occurring through genome editing or traditional processes, could facilitate rapid classification and pragmatic labelling of products and organisms containing specific mutations more readily. Finally, several scientific publications on detection of genome edited products have been based on theoretical principles. It is recommended to further qualify these using evidenced based practical experimental work in the laboratory environment. Additional challenges and recommendations regarding the design, development and implementation of potential detection methods were also identified. Modern molecular biology-based techniques, inclusive of qPCR, dPCR, and NGS, in combination with appropriate bioinformatics pipelines, continue to offer the best analytical potential for developing methods for detecting PBOs. dPCR and NGS may offer the best technical potential, but qPCR remains the most practicable option as it is embedded in most analytical laboratories. Traditional screening approaches, similar to those for conventional transgenic GMOs, cannot easily be used for PBOs due to the deficit in common control elements incorporated into the host genome. However, some limited screening may be appropriate for PBOs as part of a triage system, should a priori information be known regarding the sequences of interest. The current deficit of suitable methods to detect and identify PBOs precludes accurate PBO quantification. Development of suitable reference materials to aid in the traceability of PBOs remains an issue, particularly for those PBOs which house on- and off-target mutations which can segregate. Off-target mutations may provide an additional tool to augment methods for detection, but unless these exhibit complete genetic linkage to the sequence of interest, these can also segregate out in resulting generations. Further research should be conducted regarding the likelihood of multiple mutations segregating out in a PBO, to help inform the development of appropriate PBO reference materials, as well as the potential of using off-target mutations as an additional tool for PBO traceability. Whilst recognising the technical challenges of developing and maintaining pan-genomic databases, this report recommends that the UK continues to consider development of such a resource, either as a UK centric version, or ideally through engagement in parallel EU and international activities to better achieve harmonisation and shared responsibilities. Such databases would be an invaluable resource in the design of reliable detection methods, as well as for confirming that a mutation is as a result of genome editing. PBOs and their products show great potential within the agri-food sector, necessitating a science-based analytical framework to support UK legislation, business and consumers. Differentiating between PBOs generated through genome editing compared to organisms which exhibit the same mutational change through traditional processes remains analytically challenging, but a broad set of diagnostic technologies (e.g., qPCR, NGS, dPCR) coupled with pan-genomic databases and bioinformatics approaches may help contribute to filling this analytical gap, and support the safety, transparency, proportionality, traceability and consumer confidence associated with the UK food chain.