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1
Hoyng, W. A., and M. B. W. Biesheuvel. "Towards a pre-merger control in the European Community?" Leiden Journal of International Law 1, no. 1 (1988): 79–84. http://dx.doi.org/10.1017/s0922156500000698.
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The Treaty of Rome, establishing the European Economic Community (hereinafter: the Treaty), does not provide for a system of Community-wide merger control and authorization.The anti-trust provisions of the Treaty are only concerned with distortion of competition resulting from certain restrictive agreements (Article 85) and with abusive behavior of undertakings in a dominant position within the common market (Article 86);concentrations like mergers, which may as well affect the internal European market, are not explicitly mentioned. To a certain extent however, the European Commission has in fact won the power to control large-scale mergers as a result of the European Court's decision in Continental Can (1973).
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Devuyst, Youri. "European Union: Consolidated Version of the Treaty on European Union and Consolidated Version of the Treaty Establishing the European Community." International Legal Materials 37, no. 1 (1998): 56–142. http://dx.doi.org/10.1017/s0020782900019422.
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Bünger, Dirk. "What's Up and What's Next in the Arena of Pollution Control? The New E-PRTR as a Tool towards Innovative Climate and Environmental Conservation Approaches." Journal for European Environmental & Planning Law 7, no. 2 (2010): 177–99. http://dx.doi.org/10.1163/161372710x525082.
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AbstractHaving regard to Article 192 (1) of the Treaty on the Functioning of the European Union (TFEU) (ex Article 175 (1) of the Treaty Establishing the European Community, TEC) the European Parliament and the Council have adopted Regulation (EC) No 166/2006 establishing the new European Pollutant Release and Transfer Register (E-PRTR). E-PRTR provides unprecedented environmental information to the public on pollutant releases and has the ambitious purpose of preventing and reducing environmental pollution. This contribution explores the reporting requirements of polluters and delineates approaches to reconcile those requirements as well as areas of possible utilisation of such data.
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Bello, Judith Hippler, Juliane Kokott, and Frank Hoffmeister. "European Union—accession of the Community to the European Convention on Human Rights— competence of the Community under Article 235 of the Treaty Establishing the European Community—need to amend the Treaty." American Journal of International Law 90, no. 4 (1996): 664–69. http://dx.doi.org/10.2307/2203995.
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Opinion 2/94, Accession of the Community to the European Convention for the Protection of Human Rights and Fundamental Freedoms. 17 Hum. Rts. L.J. 51 (1996).European Court of Justice, March 28, 1996.On April 26, 1995, die Council of the European Union requested an opinion on whether accession of the European Community to the European Convention on Human Rights (ECHR) was compatible with the Treaty Establishing the European Community (Treaty). In its request, the Council of the European Union stated that no decision on opening negotiations could be taken before the Court pronounced on die compatibility of accession with the Treaty. The Council argued that, even though a text of the envisaged agreement did not yet exist, the legal issues regarding accession were sufficientiy clear for the Court to provide an advisory opinion. The Council made clear that accession should not have any effect on the reservations entered by member states, which would “continue to apply in the areas falling within national jurisdiction.” It also explained that the “Community would agree to submit to the machinery for individual petitions and inter-State applications; actions between the Community and its Member States would, however, have to be excluded in recognition of the monopoly conferred in such matters by Art. 219 of the EC Treaty on the Court of Justice.”
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Eklof, Tony. "The Coming together of the Nations of Europe: Sources of Information." International Journal of Legal Information 29, no. 2 (2001): 355–59. http://dx.doi.org/10.1017/s073112650000946x.
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The title of this paper comes from the famous ‘Schuman Declaration’ of 1950, which signaled the placing of Franco-German production of coal and steel under a single High Authority. It is quite astonishing that from this humble beginning, evolved the European Union of today. The phrase takes on new relevance as the Treaty of Nice paves the way for the biggest single enlargement of the European Union. The current Treaty, completes the Intergovernmental Conference which began in February, 2000. The founding treaties, signed in Paris and Rome in 1951 and 1957 respectively, and the amending treaties, most notably the Treaty on European Union, (Maastricht), and the Treaty of Amsterdam, form the Constitution of the European Union. It is important to note that while the earlier treaties concentrated on economic integration, the later treaties have shifted towards political questions. Bibliographic references to the various treaties have become quite complicated because the Treaty of Amsterdam brought about a renumbering of the articles to both the Treaty on European Union (EU) and the Treaty establishing the European Community (EC).
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Henckaerts, Jean-Marie. "The Protection of Human Rights in the European Union: Overview and Bibliography." International Journal of Legal Information 22, no. 3 (1994): 228–51. http://dx.doi.org/10.1017/s0731126500024938.
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The treaties establishing the European Communities (“EC”) are virtually silent on the protection of human rights. Some earlier, more ambitious plans for European integration, the European Defense Community and the draft Statute of a European Political Community, dealt with the issue to some extent. However, these plans had failed and the EC founding fathers wanted to confine the treaty to the bare necessities of an economic community. They probably also thought that as the scope of Community law was essentially limited to economic and technical issues, human rights problems would not occur. Judicial practice would prove the contrary.
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Lambert, H. "Building a European asylum policy under the 'first pillar' of the consolidated treaty establishing the European Community." International Journal of Refugee Law 11, no. 2 (1999): 329–37. http://dx.doi.org/10.1093/ijrl/11.2.329.
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Eric Neumayer, Eric. "Greening the WTO Agreements, Can the Treaty Establishing the European Community be of Guidance?" Journal of World Trade 35, Issue 1 (2001): 145–66. http://dx.doi.org/10.54648/333926.
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Ryland, Diane. "Protection of the Environment Through Criminal Law:A Question of Competence Unabated?" European Energy and Environmental Law Review 18, Issue 2 (2009): 91–111. http://dx.doi.org/10.54648/eelr2009007.
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The landmark judgment delivered by the Grand Chamber of the European Court of Justice in Case C–176/03 Commission v Council (Environmental Crimes) was significant both constitutionally and for the protection of the environment through criminal law. There was a conflict of competence between the European Community Treaty and the Third Pillar of the Treaty on European Union, namely Police and Cooperation in Criminal Matters. The case resulted in Community competence to require criminal measures for serious environmental offences where necessary for the effective enforcement of environmental rules. Eleven intervening Member States supported the Council’s choice of the Third Pillar as the legal basis for a Framework Decision, showing the strength of resilience against resort to the Community method with its institutional powers of enforcement; preliminary ruling and codecision. This work examines the impact of the Court’s ruling in Environmental Crimes. Case C–440/05 Commission v Council (Ship Source Pollution) will also be evaluated to see whether legal certainty emerges as to the scope and extent of criminal law competence under the Treaties establishing the European Community and Union. The current legal regime will be treated as will that, potentially under the Treaty of Lisbon.
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Polák, Přemysl, and Jaroslav Fenyk. "Etiologie projevů trestního práva v Evropské unii." AUC IURIDICA 51, no. 2 (2025): 7–44. https://doi.org/10.14712/23366478.2025.78.
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This work is focused in particular on explaining general questions of law in the European Union, which means primarily clarifying the legal nature of the European Community and the European Union, the essence of European law and its sources, as well as explaining the characteristics of both communal and union law. These introductory remarks are crucial for understanding the subsequent definitions regarding the development of the penal aspects of European law and are directed in particular toward the field affected by criminal law. Historically, the development of criminal law and the often related stages of development in international judicial cooperation in criminal matters within a European Union context, may be characterised, for example, by period: (a) Up to the establishment of the European Union; (b) From the establishment of the European Union to the Treaty of Amsterdam; (c) From the Treaty of Amsterdam to the present; (d) After the Treaty establishing a Constitution for Europe. All three of the aforementioned periods are characterised by the advancement of ideas related to so-called European judicial space in criminal matters as the legal instrument of international judicial cooperation. This originated in the period prior to the establishment of the European Union, but initially developed within its framework. Since the middle of the 1990s, the idea of European judicial space in criminal matters was specified in the requirement for introducing the so-called European territoriality requirement. The significance of European territoriality rests in expressing the fiction of a single European Union territory, in which jurisdiction would be performed for citizens of the European Union or persons in the territory of the Union without hindrance caused by state borders or under the conspicuously simplified valid rules of international judicial cooperation in effect prior to the establishment of the European Union. The period up to the establishment of the European Union is characterised particularly by the conclusion of the so-called Schengen Treaty, particularly the agreement dated June 14, 1985 on the gradual removal of border controls at common borders. This agreement has become the basis for accepting the subsequent document, which is the Implementing Convention, dated June 19, 1990. Although “Schengen” was originally established in the period prior to the Maastricht Treaty, it gradually became clear that the conclusion of the Implementing Convention on Mutual Judicial Cooperation must also affect the European Union itself. In the era from the Maastricht Treaty, prior to the Treaty of Amsterdam, new legal tools were successfully implemented legally for international judicial cooperation in criminal matters and for the protection of the financial interests of the European Community against perpetration of criminal activity of various types noted directly in the Maastricht Treaty itself. In the field of protecting the financial interests of the European Community, the Convention on the Protection of the European Community’s Financial Interests was finally prepared on July 26, 1995, followed by the foundation of the European Judicial Network, and leading to the compilation of an opus on the substance and procedure of European criminal law under the title Corpus Juris. In significance, the last period, beginning with the acceptance of the Treaty of Amsterdam, is further increase in the intensity of cooperation in the field of criminal law. The sitting of the European Council in Tampere provided an impetus to the establishment of a section for coordinating international judicial cooperation in select serious criminal matters of trans-national criminality – EUROJUST. The growing threat of international terrorism and the need to fight organised crime within the territory of the European Union have been the impetus for accepting a framework resolution on a European Arrest Warrant. The discussion has advanced on the theme of establishing a single European public prosecutor and the need for introducing a “European evidentiary order” and a European Criminal Record has also come under consideration. It is taken into consideration possible evolution of criminal law after ratification of the Treaty establishing a Constitution for Europe.
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Benz, Arthur. "The European Union’s Trap of Constitutional Politics: From the Convention Towards the Failure of the Treaty of Lisbon." Constitutional Forum / Forum constitutionnel 17, no. 1, 2 & 3 (2011): 2008. http://dx.doi.org/10.21991/c92h3w.
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In a national referendum held on 12 June 2008, 53.4 percent of Irish citizens voted “no” to the Treaty of Lisbon. As its provisions require ratification by all member states, the Irish vote marks a further setback for attempts at consti- tutional reform of the European Union (EU). The Lisbon reform treaty, officially entitled the Treaty of Lisbon amending the Treaty on Euro- pean Union and the Treaty establishing the Eu- ropean Community,1 was signed by the prime ministers and presidents of EU member states in December 2007. It was the result of a pro- cess set in motion by the European Council in a meeting held in Laeken, Belgium in December 2001. Intended to make the “ever closer union” more democratic, and to facilitate the adjust- ment of European institutions to the new po- litical situation brought on by the accession to the EU of Central and Eastern European states, the “Laeken Council” issued a declaration trig- gering efforts to constitutionalize the European Union. To this end, a reform process was ini- tiated involving a body called the Convention on the Future of Europe (Convention), made up of European and member state government representatives and parliamentarians.2 This re- form process resulted in the recommendation in 2003 of a draft Treaty Establishing a Constitu- tion for Europe (Constitutional Treaty),3 which was subsequently approved by the Intergovern- mental Conference and the European Council in Rome in October 2004. Despite several mem- ber states ratifying the Constitutional Treaty, it was rejected by popular referenda in France and the Netherlands in the spring of 2005. At that time, and in view of the obvious risks to ratifi- cation in some other member states, the process of constitutionalization ground to a halt.
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Kwiecień, Roman. "The Primacy of European Union Law over National Law Under the Constitutional Treaty." German Law Journal 6, no. 11 (2005): 1479–95. http://dx.doi.org/10.1017/s2071832200014450.
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The primacy of Community law over national law of the EC/EU Member States was recognized as one of the constitutive principles of the Community legal order as early as before the signing of the Treaty establishing a Constitution for Europe on 29 October 2004. The primacy principle together with the principles of direct effect and of uniform applicability are believed to constitute not only the foundation of effectiveness of the Community legal order but also play the role of the pillars of the unofficial European Constitution. The primacy principle is even seen as the embodiment of actual transfer of constitutional power to Europe.
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Bordaš, Bernadet. "Legal status of the citizens of third countries in the European Union." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 319–50. http://dx.doi.org/10.5937/gakv0606319b.
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The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.
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Mölls, Walter. "Why Does Regulation (EC) No 1/2003 Provide for the Imposition of Penalties Only on Undertakings?: A Historical Perspective." World Competition 45, Issue 2 (2022): 195–236. http://dx.doi.org/10.54648/woco2022008.
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According to Article 23(2)(a) of Regulation (EC) No 1/2003, the Commission may impose any fines for the breach of substantive competition rules only on ‘undertakings’. The provision does not contemplate the imposition of fines on individuals considered responsible for the conduct of the undertaking concerned, even though, as explained in this article, this position is not imposed by the relevant legal basis (Article 83 EC [the Treaty establishing the European Community in the version following the Treaty of Amsterdam], corresponding to Article 87 EEC Treaty [the Treaty establishing the European Economic Community in its version of 1957] and the present Article 103 TFEU [the Treaty on the Functioning of the European Union]) That legal basis would indeed allow such liability to be established. From a policy point of view, however, it is often argued that sanctions should also be imposed on such individuals. This raises the question as to why the Union legislator chose not to provide for corresponding powers on the Commission’s part. From the relevant legislative history exposed in this article, it emerges that the approach of Article 23(2)(a) ultimately originates from the ECSC Treaty [theTreaty establishing the European Coal and Steel Community]. In this latter context, it reflected the particular limits placed by its authors on that Treaty. It did not reflect the contemporary orientations at national level regarding punitive sanctions. The approach gradually found its way into Regulation (EC) No 1/2003 without any further specific discussion on the way, despite the different context offered by the relevant provisions of the EEC/EC Treaty. It was first transplanted into Regulation No 11, based on Article 79 EEC Treaty (today Article 95 TFEU) and concerning the abolition of discrimination in transport rates and conditions. The negotiations preceding the adoption of this Regulation brought to light strong reserves regarding the conferral of sanctioning powers upon the (then) EEC, and it was no doubt unrealistic to expect that it would have been granted powers more far-reaching than those available under the ECSC Treaty. When Regulation No 17 (and specifically Article 15) was elaborated, the drafters were aware of the scheme established by Regulation No 11, which served as a reference. No genuine discussion regarding possible powers to punish the persons considered responsible for the conduct of the ‘undertaking’ took place. It is likely that any such innovation would not have been realistic at that point. Lastly, the reform brought about by Regulation (EC) No 1/2003 focused on other aspects regarding the implementation of competition law, and the scheme of Article 15(2) of Regulation No 17 has been taken over into Article 23(2) of Regulation (EC) No 1/2013 without major changes. No consideration was given to the possible imposition of penalties on natural persons implicated in the commission of breaches of competition law. EU antitrust sanctions, European Commission, individual sanctions, Regulation No. 1/ 2003, Regulation No 17, Regulation No 11, ECSC Treaty, history
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Galily, Daniel. "Philosophy of Law or Philosophy of Reason –The Idea of a Treaty Establishing a Constitution for the European Union." Athens Journal of Philosophy 2, no. 3 (2023): 211–20. http://dx.doi.org/10.30958/ajphil.2-3-4.
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The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of Europe is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas
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Bodansky, Daniel, and Cesare P. R. Romano. "Commission of the European Communities v. Ireland. Case C-459/03. Judgment." American Journal of International Law 101, no. 1 (2007): 171–78. http://dx.doi.org/10.1017/s0002930000029638.
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Commission of the European Communities v. Ireland. Case C-459/03. Jud gment. At <http://eur-lex.europa.eu>.Court of Justice of the European Communities (Grand Chamber), May 30, 2006.On May 30,2006, the Court of Justice of the European Communities (ECJ) ruled on Case C-459/03, Commission v. Ireland, brought by the European Commission (Commission) and alleging Ireland's failure to fulfill obligations under the Treaty Establishing the European Community (EC Treaty). In 2001, Ireland had initiated proceedings against the United Kingdom before an ad hoc Arbitral Tribunal pursuant to the Annex VII dispute settlement procedures of the 1982 UN Convention on the Law of the Sea (LOS Convention). In the present case, the Commission alleged, first, that Ireland breached Article 292 of the EC Treaty and Article 193 of the EURATOM Treaty (EA Treaty) because, by submitting the dispute to Annex VII arbitration, Ireland failed to respect the ECJ's exclusive jurisdiction on the interpretation and application of EC law. Second, the Commission claimed that Ireland had violated Article 10 of the EC Treaty and Article 192 of the EA Treaty because, by not consulting with the Commission before initiating arbitral proceedings, Ireland had hindered the achievement of the EC's tasks and jeopardized the attainment of the objectives of the EC Treaty. The Court upheld all complaints.
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Leczykiewicz, Dorota. "Common Commercial Policy: The Expanding Competence of the European Union in the Area of International Trade." German Law Journal 6, no. 11 (2005): 1673–85. http://dx.doi.org/10.1017/s2071832200014607.
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The European Union (EU) acts in the area of international trade through the community's commercial policy regulated by the European Community (EC) Treaty. The position of the Union in external trade relations is dependant on the unique legal character of this entity. By developing a legal order which is supreme to the law of its Member States, and creating a complex system of institutions and modes of decision-making, the Community has ceased to be a mere representative of the countries it comprises. The increasing transfer of competences from the Member States onto the community allowed it to aim at the realization of common objectives as opposed to merely collective ones. As a result, tensions between the EC and dissatisfied Member States occur and the delineation of competences may turn out to be crucial when interests of an individual Member State are involved. Therefore, the paper which considers the situation of the “new” European Union in the area of international trade, in light of the Treaty Establishing a Constitution for Europe (Constitutional Treaty), should necessarily investigate how the position of the EU will be strengthened vis-à-vis its Member States.
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Comte, Françoise. "Criminal Environmental Law and Community Competence." European Energy and Environmental Law Review 12, Issue 5 (2003): 147–56. http://dx.doi.org/10.54648/eelr2003023.
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Summary: The Treaty on European Union is divided into “pillars”: the original pillar of Community law (the “first pillar”), and two pillars establishing intergovernmental co-operation between Member States on the matters which they cover: common foreign and security policy (the “second pillar”) and police and judicial co-operation in criminal matters (the “third pillar”). There should be no conflict between the respective competencies defined under each of the three pillars. Indeed, the Treaty lays down a number of rules to prevent this. Nonetheless, this is precisely what has occurred in the conflict between the Commission and the Council over the issue of protection of the environment through criminal law. In 2001 the Commission adopted a proposal for a Directive on protection of the environment through criminal law under provisions of the “first pillar”. In 2003, the Council adopted a Framework Decision on the same subject under provisions of the “third pillar”. The two parallel texts have given rise to a serious inter-institutional conflict. The main point at issue is under which provisions of the Treaty a requirement to provide for criminal penalties for breaches of Community environmental law can be imposed on Member States. Following the adoption of the Framework Decision, the Commission decided to commence proceedings before the Court of Justice, seeking to establishing that the Council had breached the rules governing the division of powers between the first and third pillar.
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Osterweil, Eric. "Are LOB Provisions in Double Tax Conventions Contrary to EC Treaty Freedoms?" EC Tax Review 18, Issue 5 (2009): 236–48. http://dx.doi.org/10.54648/ecta2009031.
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Double tax conventions (DTCs) generally include clauses that refuse to residents of a contracting state the right to claim treaty benefits with respect to income derived from the other contracting state if they are not ‘beneficial owners’ of the income. ‘Limitation-on-Benefits’ (LOB) clauses in DTCs, particularly where the United States is a contracting state, provide objective criteria for limiting taxpayer rights under DTCs. LOB clauses, which are designed to prevent treaty abuse, may, however, be in violation of the Treaty Establishing the European Community (EC Treaty) freedoms. This article explores the issue of the compatibility of LOB with EC freedoms of establishment and movement of capital.
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Mengozzi, Paolo. "The Judicial System of the European Community And Its Recent Evolution." Law & Practice of International Courts and Tribunals 5, no. 1 (2006): 125–32. http://dx.doi.org/10.1163/157180306777156790.
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AbstractThe Treaty of Nice triggered considerable change in the European Community's judicial system. Immediately it gave rise to a modification. It foresees the establishment of judicial panels charged to hear and determine at first instance certain classes of action or proceedings brought in specific areas. Furthermore, it adds that "the decisions given by judicial panels may be subject to a right of appeal on points of law only or, when provided for in the decision establishing the panel, a right of appeal also on matters of fact, before the Court of First Instance". This article analyses the consequences of these recent changes.
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Chiriţă, Anca D. "A LEGAL-HISTORICAL REVIEW OF THE EU COMPETITION RULES." International and Comparative Law Quarterly 63, no. 2 (2014): 281–316. http://dx.doi.org/10.1017/s0020589314000037.
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AbstractThis article aims to review EU competition rules by undertaking a historical purposive interpretation of the drafting process of the Treaty of Rome. It reveals new insights based on a consideration of several historical archives starting with the Schuman plan, the Founding Treaty establishing the European Coal and Steel Community and the negotiations of the Treaty of Rome. Questions of contemporary relevance are explored, relating to the goals of competition law, the historical distinction between ‘object’ and ‘effect’ under Article 101 TFEU, the possibility of an enforcement gap under Article 102 TFEU, the relationship between unfair competition and the prohibition of discrimination and, finally, the broader meaning of competitive distortions.
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Mandry, Christof. "Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union." Journal of Religion in Europe 2, no. 3 (2009): 257–84. http://dx.doi.org/10.1163/187489109x12463420694949.
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AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.
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Piotrowski, Mirosław. "Legal and Historical Aspects of Civic Activity in the European Communities and in EU." Teka Komisji Prawniczej PAN Oddział w Lublinie 13, no. 2 (2020): 417–33. http://dx.doi.org/10.32084/tekapr.2020.13.2-32.
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Civic activity in the European Communities and the European Union has never been the priority. This is visible in the legislative acts which emanate a lack of political will of the European decision-makers in this respect. The project of European Communities had an elite character from the very beginning. Increasing integration, which meant that the sovereignty of national states was gradually ceded onto the institutions of the Community, enforced gradual involvement of citizens in this process. This was supposed to show in direct elections to the European Parliament (since 1979) as well as in the possibility of expressing the will in treaty referendums. Together with the formal establishment of the European Union, its citizenship was established too by introducing the European Citizens’ Initiative. Theoretically, it was supposed to be an instrument allowing the Union citizens to get directly involved in its legislative process. In practice it proved to be a highly imperfect legal tool whose provisions had to be amended. The few attempts to give the vote to the citizens, such as the referendum over the Maastricht Treaty, the referendum over the Treaty establishing the Constitution for Europe, or the Treaty of Lisbon effectively discouraged the legislator from this type of democratic experiments. When the EU citizens noticed that the legally available forms of civic activity were but a façade of democratization, they focused on other models of operativeness.
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Meško Kuralt, Katja. "The Importance of Autonomy of European Union Member States with regard to the Use of Genetically Modified Organisms on the Right to Healthcare – An Analysis of Judgements of the Court of Justice of the European Union." LeXonomica 14, no. 1 (2022): 1–28. http://dx.doi.org/10.18690/lexonomica.14.1.1-28.2022.
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The European Union Member States (hereinafter: EU MS) have the possibility of restricting or banning the cultivation of GMOs under the Directive 2015/412 but under certain conditions. EU MS must also pay attention to the provisions of the Treaty on the Functioning of the Euro-pean Union or Treaty Establishing the European Community (hereinafter: TFEU), the provi-sions relating to the free movement of goods, which is one of the key objectives of the func-tioning of the European Union. This contribution is based on the data obtained from an analy-sis of Court of Justice of the European Union (hereinafter: CJEU) cases concerning the use of genetically modified organisms (hereinafter: GMO(s)). The analysis highlights the link between environmental risk assessment and the right to healthcare. The purpose of this paper is to make the individual aware of the possibilities they have regarding the use of GMOs.
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Müller-Jacobsen, Anke. "“Supremacy of EU Law in National Criminal Trials”." New Journal of European Criminal Law 1, no. 1_suppl (2009): 7–9. http://dx.doi.org/10.1177/203228440901a00102.
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“The penal provisions of Section 34(2)0) of the Foreign Trade and Payments Act (AWG) in conjunction with Section 5c(2) of the Foreign Trade and Payments Regulation (AWV) are not compatible with the supremacy of EU law and are therefore inapplicable (Article 249(2) of the Treaty Establishing the European Community (EGV)). For this reason, sufficient evidence of a criminal act fails on legal grounds.”
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Klepsch, Egon A. "The Democratic Dimension of European Integration." Government and Opposition 27, no. 4 (1992): 407–13. http://dx.doi.org/10.1111/j.1477-7053.1992.tb00420.x.
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SINCE 1952, THAT IS SINCE THE SETTING UP OF THE FIRST European Community for Coal and Steel, there have been two views of European integration: the first regards and continues to regard European integration as the removal of state powers from the national administrations in specific sectors. This deliberately restrictive approach, with its overriding concern for efficiency, considers it is enough to limit the activities of national bureaucracies at European level. The view is that to a large extent one can do without the control and safeguard mechanisms which are usually built into the exercise of state power in all our member states. One eminent proponent of this view, Professor Ispen, an expert on German cotstitutional and European law, has described this form of integration, and the European Community it has produced, as an ad hoc association.The second view is also based on removing the exercise of state power from the national administrations in certain restricted areas. However it is not satisfied with a technocratic and bureaucratic approach but is concerned to preserve hard-won rights in the area of the control and exercise of sovereignty. I am of course thinking here first of all of the democratic element. Those who belong to this school of thought can cite the text of the Treaties establishing the European Communities in support of their view: the Preamble to the ECSC Treaty refers to ’… the basis for a broader and deeper Community among peoples …’. The Preamble to the EEC Treaty speaks of laying ‘the foundations for an ever-closer union among the peoples of Europe’.
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Hellwig, Hans-Jürgen. "The Legal Profession in Europe: Achievements, Challenges and Chances." German Law Journal 4, no. 3 (2003): 263–76. http://dx.doi.org/10.1017/s2071832200015947.
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First of all I want to express my deep gratitude for having been given the honour to speak to you today. A lawyer from Germany addressing the 50th birthday celebration of the Nederlandse Orde van Advocaten - that would have been inconceivable back in 1952 when the Dutch Bar was founded. This inconceivable idea has become reality thanks to the rule of law. After all, the rule of law has been the fundament on which the treaties establishing the European Union of today have been based. Incidentally, the first such treaty, the European Coal and Steel Community Treaty dates of the same year 1952. We all, and in particular we foreign lawyers, should pay tribute to Hugo de Groot (Hugo Grotius), this magnificent Dutch lawyer, who centuries ago has laid the theoretical bases therefor.
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Cuc, Nguyen Thi Kim. "Fundamental Rights in the AFSJ: Strenthening or impediment?" Pécs journal of international and European law, no. I (June 25, 2024): 71–90. http://dx.doi.org/10.15170/pjiel.2024.1.5.
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The Area of Freedom, Security and Justice was created with the entry into force of the 1997 Amsterdam Treaty. This Area, ten years later, has been improved when the 2007 Lisbon Treaty amended the Treaty Establishing the European Community and renamed it the Treaty on the Functioning of the European Union. The Area of Freedom, Security and Justice (AFSJ) is an extensive field of law covering many policies and there is hence an increased risk for fundamen- tal rights violations. To describe the relevance of the protection of fundamen- tal rights within this Area as well as evaluate the effectiveness of fundamental rights, by using the polemic-critical method and analytical-logical method, this paper will focus on the scope of fundamental rights in some of the EU human rights instruments and the scope of these rights and freedoms in the AFSJ. As a result, this paper will answer the question related to the strengthening or imped- iment of fundamental rights as well as the balance between personal rights and collective interests such as security.
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Korostashova, Irina. "Legal foundations of the Rule of Law in the founding agreements of the European Union and international law: political, legal and social aspects." Slovo of the National School of Judges of Ukraine, no. 3(48) (December 18, 2024): 62–73. https://doi.org/10.37566/2707-6849-2024-3(48)-5.
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The article analyzes the legal foundations of the rule of law in the European Union, which are based on the norms of the EU founding agreements («Treaty on European Union – Maastricht Treaty», «Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community», «Charter of Fundamental Rights of the EU») and on the norms of the international law («Universal Declaration of Human Rights» , «Convention for the Protection of Human Rights and Fundamental Freedoms», «Statute of the Council of Europe»). Democracy, the rule of law and human rights are seen as interrelated values and fundamental principles on which the EU is built and functions. The trinity of these values and principles, manifested in their interconnectedness and interdependence, constitutes the mechanism for realizing the rights and freedoms of EU citizens. An analysis of a number of concepts of the rule of law, set out in modern studies by scientists from the EU and other countries in Europe and the world, has been conducted. The political, legal and social aspects of the rule of law in the European Union and their legal consolidation in the EU Constitutional Treaties have been investigated. It was found that a feature of the legal regulation of the rule of law in the EU is the normative consolidation of the political and social content of the rule of law. The author concluded that in a broad sense, the rule of law in the EU is a socio-politico-legal construct on which the EU is builted and functions. In the context of the raised topic, the main requirements and obligations recorded in the «Copenhagen Criteria» and the «Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand», that must be fulfilled by Ukraine as a candidate country for joining to the European Community was considered. The author of the article identified promising directions and aspects of further scientific research on the rule of law in the EU. Theoretical and practical results of such research will contribute to understanding the value, essence and content of the rule of law, fostering a culture of the rule of law and will be an invaluable contribution to the process of European integration of Ukraine. Keywords: rule of law, European Union, legal regulation, democracy, human rights, public authority, EU rule of law policy, European integration.
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Selmayr, Martin, and Chiara Zilioli. "The Constitutional Status of the European Central Bank." Common Market Law Review 44, Issue 2 (2007): 355–99. http://dx.doi.org/10.54648/cola2007030.
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Eight years after its establishment, the ECB has come now under an unprecedented attack by leading politicians campaigning in the presidential elections in France. They request a change in the constitutional status of the ECB, arguing for its “subordination to political decisions”. This article attempts to give a legal answer to this political challenge by recalling, first, the ECB’s independence and special characteristics which were constitutionally entrenched in the EC Treaty with the assent of all 27 EU Member States. Taking the academic controversy about the extent of the ECB’s independence as starting point, the article then turns to the re-cent clarifications brought by a first judgment of the ECJ which underlines the special nature of the ECB as independent specialized organization of Community law. The article finally addresses the ECB-related provisions of the Treaty establishing a Constitution for Europe, which, by clarifying both the scope of the independence of the ECB and its integration into the Union’s constitutional system, have the potential to bring further stability and legitimacy to Europe’s young central bank.
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Forni, Federico. "Diplomatic Protection in EU Law: What’s New under the Sun?" Hague Journal of Diplomacy 9, no. 2 (2014): 150–75. http://dx.doi.org/10.1163/1871191x-12341274.
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Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.
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Tohidipur, Timo. "Genesis and Development of Legal Protection before Community Courts: A review of Eva Drewes, Entstehen und Entwicklung des Rechtsschutzes vor den Gerichten der Europäischen Gemeinschaften, Duncker & Humblot, Berlin 2000." German Law Journal 5, no. 6 (2004): 741–45. http://dx.doi.org/10.1017/s2071832200012827.
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The emerging of an early idea, – the idea of a united Europe in peace replacing the destructive force of nationalism – could not have been a proper blueprint for the formation of a European Society until the brute force of the two World Wars prepared the ground for the awareness of political, economical, and social necessities. The first chapter in the book of the European Union regarding this founding idea was written back in 1951/52 by establishing the European Coal and Steel Community (ECSC) as a Community based upon law. At first, following Jean Monnet's sectoral approach toward integration in connection with the idea of supranationalism, unifying element should have been the supranational administrative body called “High Authority” (former name of the Commission in the first ESCS-Treaty). Given that the ECSC arose on the basis of law, one of the first and most important questions seemed to be the need of legal protection framing and balancing the power of the nearly almighty High Authority. This need should be satisfied by the establishment of a European Court of Justice (ECJ) as a permanent Court in the ECSC-Treaty. Although the shape of the former European Community has been immensely changed and extended through the years of integrational process, the once established ECJ still remains the judicial core in the institutional structure. But how did the system of legal protection react on the defiances of the integrational process?
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Fenyk, Jaroslav. "Projekt Evropského veřejného žalobce (Nová podoba mezinárodní justiční spolupráce v rámci členských států Evropské unie?)." AUC IURIDICA 54, no. 2 (2025): 31–51. https://doi.org/10.14712/23366478.2024.72.
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The need to prosecute perpetrators of crime affecting the financial interests of the European Communities more effectively has Jed the Commission, Parliament to set up special experts’ teams for analysing possibilities of common rules for investigation, prosecution and trial in cases detrimental to financial interests of European Communities. Corpus Juris and Corpus Juris 2000 proposed establishing a European Public Prosecutor with responsibility in this field to remedy the fragmentary nature of the European criminal-law enforcement area. The follow-up document – Green Paper on criminal-law protection of the financial interests of the Community and the establishment of a European Prosecutor, which was adopted on 11 December 2001, had two objectives: to clarify ideas and throw up options and preferences regarding ways of implementing the original proposal, and to open the debate to all circles concerned on the eve of enlargement and in view of the forthcoming constitutional review of the Treaties. The European Constitution and Lisbon Treaty propose establishing the European Public Prosecutor from European Office for Judicial Co-operation (Eurojust) as a new level of international co-operation in judicial matters concerning of the protection of the financial interests of EC.
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Zmykalo, O. I. "Experience of legal regulation of copyright in the European Union: search for ways to harmonize the legislation of Ukraine." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 83–91. http://dx.doi.org/10.24144/2788-6018.2022.06.15.
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This article reveals the peculiarity of the legal regulation of copyright as a component of intellectual property in the legal system of the European Union, primarily through the prism of the study of the stages of its formation and development.
 Within the framework of this article, the stages of formation and development of the copyright institution from the time of the founding of the European Economic Community to the present time were investigated. Important attention is paid to the study of copyright regulation in the provisions of the founding treaties of the European Union, in particular in the Treaty establishing the European Economic Community, the Treaty on the European Union (Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, the Treaty of Lisbon and the sources of "secondary law" of the European Union, in particular, directives, regulations, decisions of the European Parliament and the Council on the harmonization of intellectual property rights of the member states of the European Union.
 The position is argued, according to which at the initial stages of the formation of the legal system of the European Union in terms of the legal regulation of copyright, an approach was used, according to which the legal acts did not establish direct requirements for its legal regulation and instead established provisions that would contribute to the formation of the functioning of the common market of the European Union. It is noted that parallel to the "primary sources" of the European Union, the sources of "secondary law" were formed. It was noted that a special place in the legal regulation of copyright in the European Union was played by the directives, which, being binding on the member states to which they were addressed, left the freedom of choice of the form and methods of their implementation to the national bodies of the latter.
 In order to achieve the goal, the author used the methods characteristic of legal science. The research was conducted primarily using the historical-legal, comparative-legal, formal-legal method and the dialectical method of learning legal reality.
 On the basis of the conducted research, the author comes to the conclusion that the law of the European Union is characterized by a rather exhaustive list of sources, their hierarchy, as a result of which this law is well organized, systematized and internally agreed. It was established that the formation of European intellectual property rights took place on the one hand under the influence of international law, and on the other hand, the peculiarities of the legal regulation of copyright in the member states.
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Tomášek, Michal. "Soudcovská tvorba ochrany základních práv a svobod v procesu europeizace trestního práva." AUC IURIDICA 52, no. 1 (2025): 7–33. https://doi.org/10.14712/23366478.2025.100.
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Since there is no legally binding document of the EU providing a complete catalogue of basic rights and freedoms, the process of europeision of criminal law has been for a long time confronted with a Jack of sources in this domain. The Charter of EU basic rights and freedoms as adopted by the European Council in Nice in 2000 has only an informal value and the Treaty Establishing a Constitution for Europe including in its part II the index of basic rights and freedoms is still waiting for its ratification. In such a situation, the only legally binding source of protection of human rights and freedoms are general provisions of the EC Treaty (particularly art. 13) and of the EU Treaty (particularly art. 6). Very important are references to the European Covenant of Human Rights as stipulated by the provisions of the EU Treaty. The European Court of Justice as a sort of “European Constitutional Court” has recently played an important role in shaping the protection of basic rights and freedoms in several agendas of European integration, including europeisation of criminal law. When the civic element of the Community law was strengthened after the ratification of the EU Treaty in the early 1990s, national Constitutional Court became to consider certain role of the European Court of Justice as guard of basic rights and freedoms on the Community and Union level. Case law pronounced by the European Court of Justice brought about relatively useful basis for protection of basics rights and freedoms in the process of europeisation of criminal law such as protection of domicile, protection of personal data, protection of personal integrity and dignity etc. Recent case law has been dealing as well with such procedural rights important for criminal prosecution like protection of victims, ne bis in idem or prohibition of retroactive effect. Recent judiciary practice of the European Court of Justice has shown that under the condition of absence of a legally binding catalogue for protection of basic rights and freedoms, this EU authority can play an important role and it can in the matter of fact broaden EU competencies in the area of criminal law and cooperation in justice matters.
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Türk, Alexander. "The Concept of the “Legislative” Act in the Constitutional Treaty." German Law Journal 6, no. 11 (2005): 1555–70. http://dx.doi.org/10.1017/s2071832200014504.
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The constitutionalism of the Community legal order as an evolutionary process of transforming an international organisation into a constitutional legal order has found its latest expression in the Treaty Establishing a Constitution for Europe. This document evokes the language of the constitutional state when it refers to “this Constitution” in Article I-1 and expresses its gratitude to the “European Convention for having prepared the draft of this Constitution on behalf of the citizens and States of Europe.” However, ambiguity is not far behind. The length of the document resembles a carefully drafted prenuptial agreement rather than a constitutional text. Moreover, the reference to the Constitution cannot disguise the fact that it has been adopted as an international treaty in the usual procedure of an Intergovernmental Conference and will have to be ratified by each and every Member State to enter into force.
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Hartkamp, Arthur. "The Effect of the EC Treaty in Private Law: On Direct and Indirect Horizontal Effects of Primary Community Law." European Review of Private Law 18, Issue 3 (2010): 527–48. http://dx.doi.org/10.54648/erpl2010040.
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Abstract: The Treaty establishing the European Community (and its successor, the Functioning of the European Union (FEU) Treaty) nearly exclusively contains rules of a public law character. However, some of its central provisions have also acquired significance for private law, because the Court of Justice has interpreted them in such a way that they have become directly applicable to relationships between individuals, in the sense that they create subjective rights and obligations between them. Put in another way, those provisions now produce a direct horizontal effect in private law relationships. Direct horizontal effect must be distinguished from indirect horizontal effect. Unfortunately, in legal literature, these concepts do not have a clear and commonly accepted meaning. This article tries to bring some clarity by proposing a specific definition of horizontal direct effect and explaining the differences with some other types of effect in relationships between individuals, in particular the review (in disputes between individuals) of the compatibility of national legislation with EU law, the concept of ‘positive obligations’, and the concept of harmonious interpretation. The discussion takes place against the background of some well-known cases, such as Defrenne, Walrave, Delhaize, Schmidberger, and (AG Poiares Maduro’s opinion in) Viking.
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Motyl, V. I. "Origin and development of the values of the European Union." Uzhhorod National University Herald. Series: Law 4, no. 85 (2024): 300–307. http://dx.doi.org/10.24144/2307-3322.2024.85.4.44.
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The article analyzes the emergence of European values in the concepts of philosophers of Ancient Greece and state thinkers of Ancient Rome. The author shows their further development under the influence of Christianity, social church doctrine, ideas of German classical philosophers, thinkers of the Enlightenment, and founders of the concept of natural law.The significance of the first European documents on the protection of fundamental rights and freedoms, in particular the Magna Charta of 1215, the Habeas Corpus of 1679, the English Bill of Rights of 1689, the Declaration of the Rights of Man and of the Citizen of 1789, the first constitutions in Europe, and the US Constitution (1787) are studied. The study of the genesis of the values on which the EU is based today takes into account the development of the Ukrainian state and law and their impact on this process, in particular the establishment of Greek city-states in the Southern Black Sea region, the introduction of Christianity in Kyivan Rus. The significance of the documents and treaties of Kyivan Rus and the Constitution of Pylyp Orlyk (1710) in terms of their compliance with the values of the EU and their influence on their formation is clarified. Particular attention is paid to the evolution of EU values after the conclusion of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms within the framework of the Council of Europe and the creation of the European Communities. The author analyzes the texts of the Treaty establishing the European Coal and Steel Community (1951), the Treaty on the European Economic Community (1957), and the Single European Act (1986).The transformation of EU values and their legal nature from the Draft Treaty on a Constitution for Europe (2003) to the Charter of Fundamental Rights (2001), which became part of the Lisbon Treaty (2009), is studied in more detail. Special attention is paid to the evolution of legal terminology in EU law, when the term «principles» is still used in the text of the Treaty of Amsterdam, and the term «values» is used in the text of the Treaty of Lisbon. The author shows how values developed from philosophical, concepts, under the influence of religious and political teachings, supplemented and transformed in EU law from legal principles to values. In the final part of the article, conclusions are formulated.
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Muszyński, Mariusz. "ŚWIADOMOŚĆ UNORMOWANA. TOŻSAMOŚĆ NARODOWA I TOŻSAMOŚĆ EUROPEJSKA JAKO PRZEDMIOT PRAWA UE." Zeszyty Prawnicze 9, no. 1 (2017): 27. http://dx.doi.org/10.21697/zp.2009.9.1.02.
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Standardized Awareness. National and European Identity as a Matter of the European Union LawSummarySince the very beginning of the European integration process, the national identity has constituted a problematic issue for the integration as such. The main question was, whether the national identity is an opportunity or an obstacle to the European Union. The national identity constitutes collective awareness – comprising such elements as “material culture” (history, literature, arts, music, folklore), language, spiritual culture (customs, public morality, religion) and legal culture.Initially, the European Union welcomed these distinguished characteristics. The European Union founders believed that for its durability the community needs not only an open economic area but also social diversity. Hence, the Maastricht Treaty establishing the European Union includes an article guaranteeing the national identity of the European Union member states. The obligation to respect the national identity is associated with instruments that are left to the disposal of the member states. In this respect, two groups of treaty provisions are to be distinguished. Some of the existing treaty provisions require that the European Community operate to preserve the national identity (to stimulate, to support and to supplement the member states activities in the field of propagation of culture and history, preservation of national heritage and in non-commercial exchange of literary and art works). Other treaty provisions block Brussels’ (the European Union’s organs) actions against those member states which for the purpose of preserving national identity, infringe the regulations of the European Community.In the Amsterdam Treaty of 1997, its authors introduced a system reconstruction of the ideological foundations of the European Union. Although the national identity has not been replaced with the supranational identity, the new axiological fundament of the united Europe was defined. It should be stressed that the Amsterdam Treaty created so called “European identity” existing parallel to the national identity One of the treaty goals is to transform the national-particularistic way of thinking about the European Union citizens into the “European awareness”. The European Union is obliged not only to support the State Parties’ culture but also to display all of the axiological elements that are common for the entire European continent. Hence, national identity as a sociological value is no more autonomic. The European Union started to create a substrate of the European culture that has gone beyond the simple sum of national’s cultures, which would be the basis for the future European statehood.What remains unanswered is whether the European identity created in such a way poses a threat to the national ties or not. National and European identities are autonomous institutions only on the surface. European standards of human rights protection go far beyond political and economic rights. These standards interfere in customs and traditions and in public morality of nations, trying to find a balance between them. In reality, the danger of such a process is correlated with the nature of the economic integration as well. In the process of creation of the law of the European Union , economic issues are treated with priority. Hence, free trade undermines the protection of works of art, open borders create favourable conditions for the transfer of pornography as well as the trend to re-define the history. Therefore, the authors of the treaties have created a “safety valve” – all of the aforementioned norms which constitute legal instruments of protection of the national values. Hence, the problem consists in their proper use by the member states.
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Farnsworth, Nick. "Subsidiarity – A Conventional Industry Defence. Is the Directive on Environmental Liability with Regard to Prevention and Remedying of Environmental Damage Justified under the Subsidiarity Princ." European Energy and Environmental Law Review 13, Issue 6 (2004): 176–85. http://dx.doi.org/10.54648/eelr2004023.
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Summary: Is the ``Directive on Environmental Liability with regard to prevention and remedying of environmental damage'' justified under the subsidiarity principle? This article examines the pros and cons of arguments submitted by recognised lawyers, non-governmental organisations and industry on the one hand to show whether the agreed Directive complies with the principle of subsidiarity as set out in the Treaty establishing the European Community (ECT) but on the other that the Community institutions have failed in their duty to adequately observe the application of the subsidiarity principle. The author draws two conclusions: the subsidiarity principle remains a ``dynamic concept'' and the Commission, Parliament and Council have collectively failed to acquit themselves of their duty to justify the Directive.
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Shulga, Ievgenii, Nataliia Shynkaruk, Stanislav Shytyi, and Ievgen Antypov. "The Role of Energy Directives in Ensuring EU Energy Security and the Problems of Implementation in Ukrainian Legislation." Journal of Policy & Governance 02, no. 01 (2022): 1–10. http://dx.doi.org/10.33002/jpg020101.
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This article attempts to analyze the role of energy directives in ensuring energy security of the European Union, as well as the analysis of the current state of their implementation in the legislation of Ukraine in accordance with the Treaty establishing the Energy Community and the Association Agreement with the EU. The development of legal security of energy sphere in the EU from the Treaty of Paris on the European Coal and Steel Community to the fourth energy package, which allowed to provide the development of competition among producers and suppliers of energy resources, to provide equal access to the energy distribution and gas-distribution networks, to liberalize the energy sector and energy resources, to increase the use of green energy, to reduce emissions into the atmosphere, and to raise the level of energy security in Ukraine. In this article, authors have used the systematic approach and legal method analysis of the implementation process of EU Energy Directives in the Ukrainian legislation, in particular the Law "On Natural Gas Market", the Law "On Electricity Market", the Law "On Energy Efficiency", the Law "On Energy Land and Legal Regime of Special Zones of Energy Facilities", and the Energy Strategy of Ukraine till 2035 "Security, Energy Efficiency, Competitiveness".
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Usher, John A. "Flexibility—The Experience So Far." Cambridge Yearbook of European Legal Studies 3 (2000): 479–98. http://dx.doi.org/10.5235/152888712802859079.
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The choice of the word “flexibility” in the title of this paper rather than the term “closer co-operation” introduced by the Treaty of Amsterdam is not accidental: since the general Amsterdam provisions on closer co-operation have not so far been used, a paper on the experience of those provisions since their entry into force would be very short—even if they have given rise to an extensive literature. It should nevertheless be remembered that under the terms of the Amsterdam Treaty itself there are situations where those provisions are deemed to have been used: under Article 1 of the Protocol Integrating the Schengen acquis into the Framework of the European Union, Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland and Sweden, as signatories to the Schengen agreements, are “authorised to establish closer co-operation among themselves” within the scope of those agreements and related provisions; furthermore, under Article 5 of that Protocol, where either Ireland or the United Kingdom or both have not notified the President of the Council in writing within a reasonable period that they wish to take part, “the authorisation referred to in Article 11 of the Treaty establishing the European Community or Article 40 of the Treaty on European Union shall be deemed to have been granted to the Member States referred to in Article 1 and to Ireland or the United Kingdom where either of them wishes to take part in the areas of co-operation in question”.
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Usher, John A. "Flexibility—The Experience So Far." Cambridge Yearbook of European Legal Studies 3 (2000): 479–98. http://dx.doi.org/10.1017/s152888700000389x.
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The choice of the word “flexibility” in the title of this paper rather than the term “closer co-operation” introduced by the Treaty of Amsterdam is not accidental: since the general Amsterdam provisions on closer co-operation have not so far been used, a paper on the experience of those provisions since their entry into force would be very short—even if they have given rise to an extensive literature. It should nevertheless be remembered that under the terms of the Amsterdam Treaty itself there are situations where those provisions are deemed to have been used: under Article 1 of the Protocol Integrating the Schengen acquis into the Framework of the European Union, Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland and Sweden, as signatories to the Schengen agreements, are “authorised to establish closer co-operation among themselves” within the scope of those agreements and related provisions; furthermore, under Article 5 of that Protocol, where either Ireland or the United Kingdom or both have not notified the President of the Council in writing within a reasonable period that they wish to take part, “the authorisation referred to in Article 11 of the Treaty establishing the European Community or Article 40 of the Treaty on European Union shall be deemed to have been granted to the Member States referred to in Article 1 and to Ireland or the United Kingdom where either of them wishes to take part in the areas of co-operation in question”.
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Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.
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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.
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Borodin, Konstantin G., Elena Yu Frolova, and Elena A. Zadorozhnaya. "The regulatory framework for regulating the activities of peasant (farm) farms in Russia." Economy of agricultural and processing enterprises, no. 7 (2024): 70–78. http://dx.doi.org/10.31442/0235-2494-2024-0-7-70-78.
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The agro-food complex of the Russian Federation has become one of the powerful drivers of the country’s economic development, providing an increasingly high level of food security. The experience of the formation of the agricultural sector of the European Union, dating back more than 70 years, shows that the leading role in its creation was initially played by the adopted legal documents, in particular, articles 38-47 of the Treaty of Rome of 1958 («Treaty Establishing the European Economic Community»). A skillful combination of administrative and economic regulation measures and constant adjustment of the legal framework have ensured the effective functioning of European agricultural producers, among which farms have a special status. In the Russian Federation, the role of farmers as producers of agricultural products is also growing from year to year. This paper examines the historical and modern aspects of the formation of the Russian regulatory framework for the functioning of peasant (farmer) farms as a special group of agricultural producers that emerged as a result of the reforms of the 90s of the last century. The article highlights the dual nature of peasant (farmer) farms as commodity producers and as a social group uniting rural residents interested in its development and evaluates the existing tools for supporting farmers and their effectiveness.
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Ievgenii, Shulga, Shynkaruk Nataliia, Shytyi Stanislav, and Antypov Ievgen. "The Role of Energy Directives in Ensuring EU Energy Security and the Problems of Implementation in Ukrainian Legislation." Role of Energy Directives in Ensuring EU Energy Security and the Problems of Implementation in Ukrainian Legislation 02, no. 01 (2022): 10. https://doi.org/10.33002/jpg020101.
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This article attempts to analyze the role of energy directives in ensuring energy security of the European Union, as well as the analysis of the current state of their implementation in the legislation of Ukraine in accordance with the Treaty establishing the Energy Community and the Association Agreement with the EU. The development of legal security of energy sphere in the EU from the Treaty of Paris on the European Coal and Steel Community to the fourth energy package, which allowed to provide the development of competition among producers and suppliers of energy resources, to provide equal access to the energy distribution and gas-distribution networks, to liberalize the energy sector and energy resources, to increase the use of green energy, to reduce emissions into the atmosphere, and to raise the level of energy security in Ukraine. In this article, authors have used the systematic approach and legal method analysis of the implementation process of EU Energy Directives in the Ukrainian legislation, in particular the Law "On Natural Gas Market", the Law "On Electricity Market", the Law "On Energy Efficiency", the Law "On Energy Land and Legal Regime of Special Zones of Energy Facilities", and the Energy Strategy of Ukraine till 2035 "Security, Energy Efficiency, Competitiveness".
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Stąpniak-Kucharska, Anna. "Changes In The Rules For Granting State Aid To Enterprises In The European Union." Comparative Economic Research. Central and Eastern Europe 16, no. 4 (2014): 101–20. http://dx.doi.org/10.2478/cer-2013-0030.
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The point of departure of EU State aid policy is laid down in the Treaty establishing the European Community (hereinafter the “Treaty”). This Treaty provides that State aid is, in principle, incompatible with the common market. However, the principle of incompatibility does not amount to a full-scale prohibition. In the EU countries state aid is permissible to promote the economic development (of areas where the standard of living is abnormally low or where there is serious underemployment) and to facilitate the development of certain economic activities or certain economic areas (where such aid does not adversely affect trading conditions contrary to the common interest). The provisions of the 2000 Lisbon Strategy and the “Europe 2020” Strategy are also important in determining the directions of state aid in the European Union. According to their assumptions the member countries have been required to: reduce the level of aid relative to GDP; reduce state aid which decreases competition; reorient sectoral aid to horizontal and regional aid; and change the forms of state aid-from passive to active instruments. The purpose of this paper is to present the directions of allocation of state aid in the EU countries during 2000-2011, and answer the question whether the resolutions contained in the Lisbon Strategy have been implemented. The research hypothesis is: have the changes in the size, direction and allocation of state aid taken place in accordance with the resolutions of the Lisbon Strategy.
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Zawadzki, Paweł. "Origin of the European Ombudsman." Miscellanea Historico-Iuridica 19, no. 1 (2020): 443–59. http://dx.doi.org/10.15290/mhi.2020.19.01.19.
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The purpose of this article is to set out the multiannual process for establishing the European Ombudsman's office and the reasons for its establishment. It presents the history of the first European Ombudsmen and the history of the European Communities from a legal perspective. The author goes back to the reasons for setting up the European Ombudsman's body, which were the lack of legitimacy in the European Union. The role of bodies such as the European Ombudsman is to ensure that citizens' rights are actually respected. The European Ombudsman strengthens the rule of law in the European Union and complements the role of the courts by providing a cheap, accessible individual remedy and, on the other hand, complements the representative function of the European Parliament by becoming the centre of independent critical assessment and improvement of the quality of European administration. The rule of law serves to maintain the EU system as a supranational system. It is the construction of the axis of integration. If there is a lack of trust in the community in this respect, it begins to be treated differently. It is therefore important that the European Ombudsman fulfils his Treaty obligations as a body of the European Union effectively.
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Frost, Carsten. "Transfer of Company's Seat - an Unfolding Story in Europe." Victoria University of Wellington Law Review 36, no. 2 (2005): 359. http://dx.doi.org/10.26686/vuwlr.v36i2.5599.
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The harmonisation of company law has long been a goal of the European Union. Questions concerning the freedom of establishment have always been both a central and controversial area of European law. The European Court of Justice has decided in favour of the freedom of establishment of EU companies establishing themselves in other Member States in several cases since Centros in 1999, resulting in a discernible and consistent line of authority. The Court has made clear that Member States have to allow companies that have been incorporated in other Member States to freely enter their territory, according to the rules under which they have been formed in their state of origin. But the decisions have left other important questions open to doubt. The purpose of this article is to examine the consequences of these judgments, not only for European company law, but for related legal areas as well. The paper addresses this issue by giving a short overview on the freedom of establishment under the Treaty Establishing the European Community and on the existing European theories about the transfer of a company’s seat. It then analyses the European Court of Justice cases and their implications. The article argues that the pressure on national legislators that arises from the judgments helps to keep European company law attractive to investors. It concludes that an increased mobility of companies within Europe is necessary if Europe is to remain competitive on an international level, even if the price of this is the abolition of some traditional domestic legal principles.
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Ginter, Carri, and Raul Narits. "The Perspective of a Small Member State to the Democratic Deficiency of the ESM." Review of Central and East European Law 38, no. 1 (2013): 54–76. http://dx.doi.org/10.1163/092598812x13274154887303.
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The adoption and ratification process of the Treaty establishing the European Stability Mechanism (ESM Treaty) has produced deep debates about this process and the European Union; about the (lack of a) link between the two; about democratic processes which allegedly have been short-circuited in the rush to a political/financial mechanism; about the rule of law and the rule of finance and expediency.Three decades ago, Estonia was part of a different constellation. Now, a part of the EU for the better part of the last decade, the debate about small versus large, about rules for all and procedures for some raise issues which touch not only Estonia; they are ones which can cross the borders into other economic associations and unions, such as the CIS or the Eurasian Economic Community (EAEC or EurAsEC).The authors of this article seek to address some issues regarding the democratic legitimacy of the ESM Treaty. Several of the legislative choices made in the ESM Treaty have passed without sufficient public debate or transparency. A thesis is presented here that some solutions adopted by the ESM Treaty have a dubious value in the context of EU law as well as in the progress of democratization of the EU. The article pinpoints a shift in the voting powers to the detriment of smaller Member States. Above all, the legal foundations of judicial review by the Court of Justice of the EU (CJEU) are questioned. The article reaches a generalized conclusion that deviation from the current decision processes and standards of democracy can be justifiable only if such a change is supported by the general public.