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1
Kaminska, Ilona. "FUNCTIONAL PRINCIPLES OF EU LAW IN THE LAW ENFORCEMENT PRACTICE OF THE COURT OF JUSTICE." Visnyk of the Lviv University. Series Law 71 (December 18, 2020): 11–23. http://dx.doi.org/10.30970/vla.2020.71.011.
Анотація:
The article is devoted to the study of the principles of law that determine the fundamentals of the EU functioning. The concepts of general principles of law, international principles of law as well as principles of EU law are distinguished. The principles of EU law are classified into international, democratic, economic, organizational, functional, sectoral. The study of the principles of EU law is important for Ukrainian science in the context of Ukraine's integration into the EU. The results of the research will help the judiciary to integrate the principles of EU law into its case law. The Constitutional Court of Ukraine and the Supreme Court will play an important role in the integration of EU law into the national legal order. The following definition of the concept is proposed: the principles of EU law are the fundamental ideological principles of the EU legal system, which determine legal status of the EU as a subject of law and international relations; legal status of EU citizens; basic principles of organization and functioning of the EU; areas, limits and mechanisms for exercising the powers of the EU institutions; principles of legal regulation in the areas that fall within the competence of the EU. The principle of conferral is singled out as a fundamental functional principle from which other principles of EU law originate, namely: the principle of coherence of policies and actions; the principle of open EU cooperation with Member States; the principle of subsidiarity; the principle of proportionality; the principle of open cooperation between EU institutions; the principle of institutional balance. Their relationship and the mandatory nature of compliance are established. The operation of any of the institutions contrary to the principle of conferral or any of the principles named is a ground for appealing against such actions before the Court of Justice. According to Article 263 TFEU, the Court of Justice has the jurisdiction to review the legality of legislative acts, decisions or actions of the European Council, the European Parliament, the European Commission and the European Central Bank, as well as bodies, offices and agencies intended to produce legal effects vis-à-vis third parties. The content of the functional principles of EU law is revealed and the order of their application by the Court of Justice of the EU is analyzed on the example of one of the decisions. The classification of principles of EU law on a source of their placement is offered. In the system of principles of EU law should also be distinguished: 1) the principles of law that follow from the provisions of international law (the principle of peaceful cooperation and the principles of the UN Charter); 2) the principles of law derived from the principles of market economy and social policy (the principle of economic, social, territorial unity of the Member States and solidarity between them); 3) the principles of law derived from democratic principles (principle of respect for human dignity, freedom, representative democracy, equality, rule of law, respect for human rights, including the rights of minorities). Therefore, in a general sense, the system of principles of EU law includes: international principles of law, general (democratic principles of law, economic principles, principles of EU law) (organizational, functional, sectoral). KEYWORDS Key words: general principles of law, principles of EU law, EU Court of Justice, the principle conferral, EU goals
2
Alkier, Romina. "PRECONDITIONS TO FULLER CROATIAN INTEGRATION IN EU TOURISM." Tourism and hospitality management 11, no. 2 (December 2005): 163–67. http://dx.doi.org/10.20867/thm.11.2.15.
Анотація:
In the coming years, the number of tourist trips from and within the European Union can be expected to grow, as a result of ongoing integration processes, and also because it is becoming simpler and cheaper to travel. According to the WTO, tourism will grow at a moderate rate of four per cent annually in average, and by 2020 the number of tourist arrivals worldwide will reach 1.6 billion, of which 717 million tourist arrivals will be to Europe. Out of this number, more than half a million will be to present-day EU countries. Given the EU’s continuing enlargement, clearly this number will continue to increase, and with it the global importance of the EU. The EU’s tourist policy in the years to come will increasingly become better, more imaginative and more efficient. Regardless of the unchanging subsidiary principle, this policy will continue to develop, gradually adapting to new opportunities. The principles of the sector tourist policy are already being carried out in practice by all EU members, and any country aspiring to become a part this association will not only need to incorporate these principles, but respect them as well. Croatia is one of the countries which has embraced this orientation in tourism and it is aiming to address this “European challenge” at the level of market relations, taking efforts to avoid the pitfalls and threats of tourism marginalisation, given the harsh competition and protectionist measures existing within the EU.
3
Szucko, Angélica. "Brexit and the Differentiated European (Dis)Integration." Contexto Internacional 42, no. 3 (December 2020): 621–46. http://dx.doi.org/10.1590/s0102-8529.2019420300005.
Анотація:
Abstract On 25 March 2017, the European Union celebrated the 60th anniversary of the Treaties of Rome, which established ‘an ever-closer union’ as a fundamental principle for European regional integration. Only four days later, the United Kingdom delivered an official letter triggering its withdrawal process from the Community. How could we comprehend Brexit integrative and disintegrative dynamics to the EU? The UK’s decision to leave the EU alongside recent crises in the Community and the spread of Eurosceptic movements fostered studies about disintegration dynamics. This article presents the current debate about differentiated (dis)integration based on up-to-date related literature. Next, it proposes a framework to assess the recent shifts in the UK-EU relationship and its contradictory effects on the EU project. The main argument of the paper is that the UK’s relationship with the European Union moved from an internal differentiated integration to a proposal of internal differentiated disintegration and, thereafter, to a process of external differentiated disintegration. Moreover, although Brexit means disintegration by one Member State, its effects on the EU project are mixed, initially promoting an integrative boom among the EU27 members, while at the same time neglecting disintegrating forces that could undermine the traditional European integration model.
4
Herlin-Karnell, Ester, and Theodore Konstadinides. "The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration." Cambridge Yearbook of European Legal Studies 15 (2013): 139–67. http://dx.doi.org/10.5235/152888713809813521.
Анотація:
AbstractThe principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.
5
Herlin-Karnell, Ester, and Theodore Konstadinides. "The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration." Cambridge Yearbook of European Legal Studies 15 (2013): 139–67. http://dx.doi.org/10.1017/s1528887000003037.
Анотація:
Abstract The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.
6
Eroglu, Onur. "Evaluation of Turkish Corporate Tax Law under the Principle of Freedom of Establishment." Intertax 42, Issue 11 (November 1, 2014): 752–61. http://dx.doi.org/10.54648/taxi2014068.
Анотація:
Corporate tax law has been closely related to the principle of freedom of establishment. Because European Union (EU) Member States have declined to resign sovereignty in the field of direct taxation, harmonization progress in corporate taxation in the EU has been slow. Although EU treaties, regulations, and directives are all measures of positive integration, case law of the Court of Justice of the European Union (CJEU) declaring national tax measures incompatible with primary EU law is that of negative integration. This paper discusses the corporation tax field and its' many important decisions within the principle of freedom of establishment and what affects these decisions have on Member States' corporate tax law. This article demonstrates Turkey's significant efforts to fulfil requested accession criteria concerning economic and tax legislation with the EU in light of CJEU's case law.
7
De Baere, Geert, and Timothy Roes. "EU LOYALTY AS GOOD FAITH." International and Comparative Law Quarterly 64, no. 4 (October 2015): 829–74. http://dx.doi.org/10.1017/s0020589315000421.
Анотація:
AbstractComparing the EU law principle of loyalty with international law good faith and the duty of federal good faith in German constitutional law (Bundestreue), this article contributes to the discussion on the nature of the EU legal order and its relationship to international law more generally by finding that EU loyalty is in essence a specific incarnation of the international law principle that treaties are to be interpreted in good faith. At the same time, it challenges the assumption that international law good faith differs fundamentally from federal good faith. To this end, the article points at historical links between both, and posits that good faith is in essence a principle of constructive interpretation, the strictures of which increase with the level of integration of the legal order in which it is applied.
8
Wurzel, Rüdiger K. W. "The EU Presidency and the Integration Principle: an Anglo-German Comparison." European Energy and Environmental Law Review 10, Issue 1 (January 1, 2001): 7–15. http://dx.doi.org/10.54648/332447.
9
Mahmutovic, Adnan, and Helza Nova Lita. "THE EUROPEAN UNION DISTINCTIVENESS: A CONCEPT OF THE RULE OF LAW." Diponegoro Law Review 6, no. 2 (October 31, 2021): 157–71. http://dx.doi.org/10.14710/dilrev.6.2.2021.157-171.
Анотація:
This paper discusses the distinctiveness of the European Union with focus on the Rule of Law and its importance for the EU integration process. Rule of Law is a notion that is very frequently used, but at the same time quite controversial as it is not so easy always to reach generally accepted meaning. Therefore, this paper provides a analysis of the EU Rule of Law as multidimensional legal principle gravitating between values and principles. The paper acknowledges that a concept of the EU rule of law can be the subject of diverse interpretations and implementation. High-ranking government officials of a two EU member states, Poland and Hungary, have argued recently that a concept of the EU rule of law lacks well-defined rules and remains the subject of much debate. Therefore, the paper provides for better understanding of the concept itself within the specific supranational legal environment. Also, the paper argues that the future of the EU and its integrations depends largely on the respect of the rule of law that remains to be a core and the element of unity within Europe’s legal space. The relationship between the principles and values upon which the EU is founded remain close and interrelated. The EU Rule of law with all its distinctiveness can be concluded with certainty that it reflects a specific character and nature of the EU legal system.
10
Polyakov, M. V., and V. S. Bilozubenko. "Strategic Principles of Ukraine's Integration into the EU Innovation System." PROBLEMS OF ECONOMY 4, no. 46 (2020): 12–18. http://dx.doi.org/10.32983/2222-0712-2020-4-12-18.
Анотація:
The peculiarity of the current development stage of the world economy is manifested in the growing level of internationalization in research and innovation, as well as in deepening international scientific and technological cooperation and exchange. This is especially true for Europe, where a holistic innovation system (IS) of the European Union (EU) has been formed. The integration in the EU IS is of strategic importance for Ukraine and requires appropriate scientific, practical and conceptual foundations. The article aims at presenting the strategic principles of Ukraine's integration into the EU innovation system. The peculiarities of the EU IS formation, its boundaries and main elements (participants; organizations supporting innovation; trans-European "chains" of knowledge generation and transformation, etc.) are considered. The necessity to choose the convergent vector of development for Ukraine’s national innovation system and the relevant advantages of this direction while reforming the R&D sector, supporting research and innovation are substantiated. The conceptual basis for including Ukraine’s science and technology complex in the EU IS is spelled out. It is determined that the main point here is the development of cooperation in science and technology between Ukraine and the EU in such a way that a number of principles are observed (taking into account the uniqueness of the EU IS, its advantages and disadvantages; the use of the European paradigm to support innovation, etc.). The preconditions for integration into the EU IS are identified, in particular, ensuring high-level protection of rights and intellectual property. It is also important to develop a mechanism for deepening international cooperation in science and technology between Ukraine and the EU, which should implement special measures of state support. The principle of cumulation, as well as differentiated approach, should become the grounds for stimulating cooperation. The necessity for Ukraine to participate in the EU programs is proven, and general preconditions for it are substantiated. The process of strengthening scientific and technological ties should be based on new information platforms. To stimulate international partnership, it is also advisable to create various infrastructure organizations (technology transfer centers, project expertise, training and research centers).
11
Thym, Daniel, and Evangelia (Lilian) Tsourdi. "Searching for solidarity in the EU asylum and border policies." Maastricht Journal of European and Comparative Law 24, no. 5 (October 2017): 605–21. http://dx.doi.org/10.1177/1023263x17741273.
Анотація:
Solidarity was once at the core of the European integration process. While originally intended to facilitate further integration, solidarity, in recent years, has often been associated with the intention of safeguarding existing policies. This article attempts to untangle this polysemous concept. It discusses the constitutional significance of solidarity, ultimately distinguishing four discernible dimensions in the EU context: transnational solidarity, inter-state solidarity, solidarity between a particular group of individuals and, finally, the institutional dimension. It unpacks the interaction between solidarity, loyalty and mutual trust, ascertaining them as interlocking principles. We focus on solidarity in the Area of Freedom, Security and Justice, revealing it to have legal effects which require compensatory action to support the application of supranational rules. Nonetheless, the principle can be realized in different ways, and it is far from certain whether the EU institutions are able to muster the political clout and the political legitimacy necessary to overcome divergences of opinion and perception. Against this backdrop, we sketch what EU institutions have undertaken to operationalize the principle in the ambit of EU asylum and border control policies to respond to the refugee policy crisis. The contributions to this special issue delve more deeply into the different aspects of this central theme.
12
van Calster, Geert. "Amsterdam, the Intergovernmental Conference and Greening the EU Treaty." European Energy and Environmental Law Review 7, Issue 1 (January 1, 1998): 12–25. http://dx.doi.org/10.54648/eelr1998003.
Анотація:
The environment was not high on the IGC agenda. The environmental improvements of the Amsterdam Treaty are nevertheless remarkable. Sustainable development has been made a Union objective, together with the principle of a high level of environmental protection; the provisions of Article 100A (the environmental guarantee) have been clarified; the integration principle has been strengthened; all EC environmental legislation will now be drafted following the improved co-decision procedure; the horizontal principles of subsidiarity and proportionality will have to be tailored to environmental policy; the case for making the Union more transparent and the declaration on the improvement of Community legislation could benefit environmental policy; and finally, the uncertainty surrounding the "right to protection of the environment" prevented its inclusion in the Treaty. The changes made in Amsterdam with respect to environmental policy are more than merely cosmetic.
13
Ponomareva, Karina. "Principles of subsidiarity and proporcionality in tax law enforcement." Law Enforcement Review 1, no. 3 (October 3, 2017): 71–81. http://dx.doi.org/10.24147/2542-1514.2017.1(3).71-81.
Анотація:
Subject. The principles of subsidiarity proportionality, which serve as the basic principles fordetermining the competence of integration associations, are considered in the article.Aim. The aim of this paper is to analyse the place and the importance of Member States’ obligationsderiving from the EU legal order in order to address the relationships between EU lawand national tax law, as well as to analyse the practice of using of principles of subsidiarity andproportionality by the highest courts of the Russian Federation as a federal state.Methodology. The author uses methods of theoretical analysis, particularly the theory ofintegrative legal consciousness, as well as legal methods, including formal legal method andcomparative law.Results, scope. The exercise of power by the European Union in the areas of shared competencemust respect the principle of subsidiarity. The founding Treaties make clear thatsubsidiarity is a legal enforceable legal principle. However. the case law of the EuropeanCourt of Justice reveals that the enforcement of subsidiarity as a judicial principle has beenineffective.The article examines cross-border loss relief for group companies in the context of EuropeanUnion law and considers how this has affected Member States such as the UK. Thecase law of the Court of Justice is then analysed in an attempt to assess whether some ofthe principles set out in these legislative initiatives found their way to Member State lawsthrough the Court's jurisprudence. Following this, the judicial and legislative response tothe Marks & Spencer judgment in the UK are critically assessed.The practical suggestions are looking at developing EU compatible tax principles to be appliedto cross-border taxation within the EU.Having considered the principles of subsidiarity and proportionality in the context of interactionbetween integration and national tax law, the author suggests directions for improvingthe practice of integration tax law. The supranational judicial authority should dwell onthe position that only those differences that are directly based on the origin of the incomeor nationality of the taxpayer can be justified on the basis of restrictions on fundamentalfreedoms.Conclusions. The author comes to the conclusion that a co-ordinated approach to crossborder tax is essential. The effectiveness of integration tax law will largely depend on how the ratio of the norms of integration and national law in the tax jurisdiction of the Union and member states will be formed. However, historically direct tax has been viewed by Member States as central to national sovereignty.
14
Sánchez, Sara Iglesias. "Constitutional Identity and Integration: EU Citizenship and the Emergence of a Supranational Alienage Law." German Law Journal 18, no. 7 (December 1, 2017): 1797–822. http://dx.doi.org/10.1017/s2071832200022550.
Анотація:
This Article examines some central questions concerning the status of EU foreigners—non-EU nationals legally residing in the EU. First, it addresses the peculiarities of the status of EU citizens and the special nature of EU immigration law as the basis for the construction of an EU alienage law. Second, it examines whether and to what extent the emergence of a supranational immigration and alienage law—with a focus on integration—interacts with the broader debate on European and national constitutional identity. Third, the Article analyzes the legal difficulties for the application of the equal treatment principle between EU citizens and EU foreigners taking as a point of reference the different roles of restrictions and conditions based on the notion of integration.
15
Kamela-Sowińska, Aldona. "Accounting integration issues of EU member states." Equilibrium 10, no. 2 (June 30, 2015): 223. http://dx.doi.org/10.12775/equil.2015.021.
Анотація:
The aim of this article is to discuss the dilemmas over the integration of accounting in EU member states. The dilemma could be divided into the following main groups. Dilemma of the user of financial statements. This dilemma consists in determining for whom the integration of accounting in EU is crucial, and who is the intended beneficiary of integration. Dilemma arising from the lack of theoretical framework for drafting directives and standards: the accounting paradigm assuming that accounting is strictly quantitative. Accounting is a social science, whereas the accounting practice has greater influence on social, rather than purely economic, reality. Dilemma over legal regulations and the legitimization of standard setters could be attributed to accounting regulations as legal norms. A classic example of this might be the transition from rule-based to principle-based IFRSs. The dilemma over the legitimization of standard setters has its roots in the legal aspect of accountancy. In order to solve it, it is necessary to answer the question: ‘who controls the processes of accounting integration?’ since the participants of this process often present divergent viewpoints, and sometimes even opposite priorities. Dilemma over the politicization of accountancy. The more globalized and complex the economic environment is, the more of political intervention there is expected to be in the standard setting process, affected by global geopolitical trends.
16
Galushko, Dmitriy V. "Challenges of Ensuring the Jurisdiction of the Court of Justice of the European Union within the Brexit Process." Russian Journal of Legal Studies (Moscow) 9, no. 1 (April 12, 2022): 15–21. http://dx.doi.org/10.17816/rjls96218.
Анотація:
The UKs withdrawal from the European Union (EU), which is unprecedented and unique in the development of international integration processes, challenges the formalization of Brexit. The Brexit process was conditioned by the requirements of the EU legal order, including the need to ensure its basic principles. The Agreement on Britains withdrawal from the EU created the basis for regulating future relations between the parties, as well as the interaction of their legal orders. One of the most important aspects of Brexit is the jurisdiction of the EU Court of Justice. Based on the Withdrawal Agreement, the Court of Justice retained separate powers over the UK, despite the special dispute settlement mechanism, which can be considered a means to ensure the principle of the detachment of the EU legal order and the continuity of the Europeanization of the UKs national legal order. However, the specified mechanism for the settlement of bilateral disputes in the context of the EU Courts practice of observing the principle of detachment may complicate the implementation of the provisions of the Withdrawal Agreement, as well as in the future regulation of bilateral relations. In this article, well-known general and particular methods of scientific research are employed. This work aims to study the relevant problems of legal support for the UKs secession from the EU, considering the observance of the principle of autonomy, to analyze the established dispute settlement mechanism between the UK and the EU in the context of the practice of the EU Court of Justice, as well as issues of enabling its jurisdiction regarding a third state.
17
de Londras, Fiona, and Jasmin Tregidga. "Rights, proportionality, and process in EU counterterrorism lawmaking." International Journal of Constitutional Law 19, no. 2 (April 1, 2021): 665–93. http://dx.doi.org/10.1093/icon/moab047.
Анотація:
Abstract Proportionality is a key principle of EU law. However, in spite of procedural requirements intended to ensure the full integration of proportionality as a design principle in EU law, the European Union continues to pass disproportionate counterterrorism laws. If proportionality is a fundamental constitutional principle of the European Union, and if lawmaking processes at EU level have been designed expressly with this in mind, then why do the EU’s counterterrorism laws consistently raise issues of disproportionate interference with rights? Taking as a case study the passage of the EU Directive on Combating Terrorism, this article argues that at least part of the answer lies in the curtailment and adjustment, in the counterterrorism field, of lawmaking processes that are designed to be participatory, evidence-based, and informed by proportionality.
18
Sauter, Wolf. "Proportionality in EU Law: A Balancing Act?" Cambridge Yearbook of European Legal Studies 15 (2013): 439–66. http://dx.doi.org/10.5235/152888713809813611.
Анотація:
AbstractThe proportionality principle plays a key role in constitutional review of public acts. Its use legitimises the constitutional claims of EU law in the context of a multi-level polity system. The application of proportionality in the EU differs based on whether legal acts of the EU or of its Member States are concerned. In the former case, a manifestly disproportionate test is usually applied, while in the latter case, a least restrictive means test (LRM) is normally used. Both are conditioned by the degree of integration achieved. In future, the use of the principle may involve increasing attention being paid to individual rights.
19
Sauter, Wolf. "Proportionality in EU Law: A Balancing Act?" Cambridge Yearbook of European Legal Studies 15 (2013): 439–66. http://dx.doi.org/10.1017/s1528887000003128.
Анотація:
AbstractThe proportionality principle plays a key role in constitutional review of public acts. Its use legitimises the constitutional claims of EU law in the context of a multi-level polity system. The application of proportionality in the EU differs based on whether legal acts of the EU or of its Member States are concerned. In the former case, a manifestly disproportionate test is usually applied, while in the latter case, a least restrictive means test (LRM) is normally used. Both are conditioned by the degree of integration achieved. In future, the use of the principle may involve increasing attention being paid to individual rights.
20
Volpato, Annalisa. "Mutual Recognition, Pre-emption and De-centralisation in the Common Agricultural Policy." Review of European Administrative Law 13, no. 3 (October 15, 2020): 135–57. http://dx.doi.org/10.7590/187479820x16007576818870.
Анотація:
The CAP is a fundamental policy area which has experienced profound changes since its establishment in the early years of EU integration – changes in nature, organization and power balance between the EU and national level. Within this policy area, the principle of mutual recognition is traditionally considered inapplicable. However, the increasing decentralisation of the CAP and subsequent regaining of regulatory powers by the Member States may pave the way for a more significant application of this principle. Mutual recognition also finds application in some sectoral legislation in the field. Thus, the objective of this contribution is to reflect on the role of the principle of mutual recognition in light of this evolution and, in doing so, highlighting the correlations between this principle, pre-emption and decentralisation in EU agri-food law.
21
Butler, Graham. "Solidarity and its limits for economic integration in the European Union’s internal market." Maastricht Journal of European and Comparative Law 25, no. 3 (June 2018): 310–31. http://dx.doi.org/10.1177/1023263x18769207.
Анотація:
Solidarity is applicable to multiple strands of European Union (EU) law, including in the fostering of an internal market. Although the internal market has always held constitutional status, the objects that underlie it came about much later. The question of how solidarity, as a principle, value, and concept in EU law has been present in the nurturing of this process is not fully apparent, given a lack of clear methodology for when, and how solidarity is to be utilised. By delving into the treaties and the jurisprudence of the Court, the normative bedrock of solidarity emerges; not just as a facilitator of the internal market, but also for the purposes of economic integration. The article demonstrates that solidarity in law can be a reason or justification for measures to promote the treaty-based aim of the internal market. Yet simultaneously, it finds that solidarity is not an all-encompassing principle, value, or concept in absolute terms, and has limits for utilisation in the spirit of European integration. Conclusively, by demonstrating the limits of solidarity as a ‘legal’ principle, value, or concept, the article asks whether it is time to reassess the role that solidarity should play in EU law in the future.
22
Wiesbrock, Anja. "An Obligation for Sustainable Procurement? Gauging the Potential Impact of Article 11 TFEU on Public Contracting in the EU." Legal Issues of Economic Integration 40, Issue 2 (May 1, 2013): 105–32. http://dx.doi.org/10.54648/leie2013007.
Анотація:
The integration of environmental criteria into public procurement contracts can constitute a powerful tool to promote desired environmental practices in the EU. As major purchasers of goods and services from the private sector, public entities have significant market power allowing them to influence corporate behaviour by attaching environmental criteria to public contracts. Behind the background of the current revision of the procurement directives, this article discusses the potential implications of the environmental integration principle (EIP) on public contracting in the EU. It is argued that Article 11 TFEU incurs an obligation for the EU legislator to ensure that national authorities are not in a position to entirely disregard environmental concerns. Moreover, the environmental integration principle implies an obligation for a wide use of environmentally friendly procurement mechanisms where no conflict with the objectives of value for money and competitive tendering arises. In the case of competing interests, a proper balancing exercise requires environmental measures that are least restrictive on competitive tendering as well as a procurement framework that is least restrictive on environmental protection.
23
Красавина, Л. Н. "The Analysis of the systemic Crisis of the European Union and the Stability and Growth Pacts Europe 2020 and Europe 2025 on the Basis of the systemic Methodology in the Context of the reproduction theory." Voprosy regionalnoj ekonomiki, no. 2(47) (June 18, 2021): 199–206. http://dx.doi.org/10.21499/2078-4023-2021-47-2-199-206.
Анотація:
Статья посвящена анализу причин официального признания системного кризиса Европейского союза (ЕС), совпавшего с его 60-летием и Пактов экономической стабильности и роста в этом интеграционном объединении. Новизна исследования состоит в применении принципа системной методологии о необходимости согласованности между интеграционными стратегиями развития и мерами их реализации в ЕС. Для обоснования выводов обобщены особенности функционирования за 62 года интеграционного ЕС, сформированного на основе Римского договора о создании общего рынка 1957 года, подписанного вначале 12 европейскими странами. Предложенный подход определил логику анализа с целью выявления периодов соблюдения или нарушения данного принципа системной методологии в аспекте их влияния на интеграционные преимущества ЕС. В итоге исследования эволюции ЕС выявлены редкие периоды согласованности между интеграционными стратегиями и мерами их реализации и частые нарушения этого важного принципа системной методологии. В этой связи обоснован вывод, что несоответствие между стратегиями и инструментами их реализации стало фактором разрушения интеграционных преимуществ, что стимулировало системный кризис ЕС в 2015 г. Проанализировано его деструктивное влияние на интеграционные преимущества, утраты экономической и отчасти политический суверенности государств-членов ЕС под давлением США, разместивших в Европе свои военные базы НАТО и применяющих санкции к ЕС как их потенциальному коллективному конкуренту. Обоснована оценка Пактов стабильности и роста - Европа 2020 и Европа 2025 - как инструмента преодоления системного кризиса и восстановления интеграционных преимуществ ЕС. The article is devoted to the analysis of reasons of the official recognition of the systemic crisis of the European Union (EU), which coincided with its 60 anniversary and the Stability and Growth Pacts in this integration union. The novelty of the research lies in the application of the principle of the systemic methodology about the need for consistency between integration development strategies and measures of their implementation in the EU. To substantiate the conclusions, the features of the functioning of the integrative EU are generalized for 62 years, formed on the basis of the Rome Treaty on the Establishment of a Common Market in 1957, signed at the beginning by 12 European countries. The proposed approach defined the logic of the analysis in order to identify periods of compliance or violation of this principle of the systemic methodology in terms of their impact on the integration advantages of the EU. As a result of the study of the evolution of the EU, rare periods of coherence between integration strategies and measures of their implementation and frequent violations of this important principle of systemic methodology were revealed. In this regard, the conclusion is substantiated that the discrepancy between the strategies and the tools for their implementation became a factor in the destruction of integration advantages, which stimulated the systemic crisis of the EU in 2015. Its destructive impact on the integration advantages, the loss of economic and partly political sovereignty of the EU member states under pressure from the United States, deploying their NATO military bases in Europe and applying sanctions to the EU as their potential collective competitor, was analyzed. The assessment of the Stability and Growth Pacts - Europe 2020 and Europe 2025 - is substantiated as a tool to overcome the systemic crisis and restore the EU's integration advantages.
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Boymans, Philippe. "Europeanization of Legal Principles? The Influence of the CJEUS Case Law on the Principle of Legitimate Expectations in the Netherlands and the United Kingdom." European Public Law 19, Issue 4 (December 1, 2013): 715–38. http://dx.doi.org/10.54648/euro2013043.
Анотація:
Europeanization, from a legal point of view, denotes the process by which national rules and structures are influenced by EU law and case law. Administrative law is a crucial field of law affected by the EU. The general principles of administrative law, developed in all Member States to safeguard the adherence to the rule of law by the government, are no exception to this. By examining the principle of legitimate expectations in two Member States, namely the Netherlands and the United Kingdom, this article reviews to what extent national legal principles have been influenced by the case law of the CJEU and whether the Court's interpretation is reflected in the corresponding national legal principles. This assessment is compared to the principle of legitimate expectations as developed by the CJEU, after which the influence of the Court on the possible (dis)similarities is discussed. In the second part, this paper reflects on the theory of legal autonomy and its portrayal of the Court as an integration actor, and its relation to the influence of the CJEU on the interpretation of legal principles.
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Yu, Zhang Shu. "The Proposed EU Energy Security Package vis-à-vis EU Law." European Energy and Environmental Law Review 13, Issue 6 (June 1, 2004): 170–76. http://dx.doi.org/10.54648/eelr2004022.
Анотація:
Summary: The European Commission adopted on December 10, 2003 a draft legislative package (hereinafter referred to as ``the Package'') designed to promote investment in the EU energy sector and prevent the re-occurrence of the blackouts experienced in several countries earlier this year. Is the proposed Package compatible with other parts of EU law, especially the basic principles of Community's environmental law and its climate change policy? This paper illustrates how the measures adopted by the Package run contradictory to the integration and prevention principle of EC environmental law, the climate change policy and infrastructure policy. The focus is the principles and the climate change policy which entails instruments of demand management and promotion of renewable energy to achieve its goals. The author suggests possible solutions to develop a sustainable and green security of energy supply policy and argues that a sustainable energy supply is a goal for the future for which action must start today. And the important issue in a sustainable energy policy is to fully incorporate the principles of EC law and the environmental protection policy. Taking into account its violation of the Community's principles, environmental law and infrastructure policy, the proposed Package must be altered. Future policies regarding security of supply must focus on generation actions that will guarantee environmentally sustainable security, especially the climate protection parameters. Demand management measures and renewable energy promotion should be regarded as the most crucial criteria and clear mandatory targets should be developed. A consistent and environmentally friendly energy policy will help the EU to achieve economical, social and ecological sustainable development.
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Đurović, Gordana, and Danijela Jaćimović. "From Stabilisation and Association Process to Full Membership of Western Balkans Countries." International Journal of Information Systems and Social Change 5, no. 3 (July 2014): 12–30. http://dx.doi.org/10.4018/ijissc.2014070102.
Анотація:
Regional picture of Western Balkans traditionally represents mosaic of “troublemakers”– an unfinished European project in terms of transition and integration. Ever since the conflicts in early nineties of XX century, countries in this region have been limited by numerous constraints (their own and regional). producing very modest positive effects in terms of growth, building good mutual relations and thus fulfilment of European partners' expectations. EU has been actively involved primarily in stabilisation process and then in reconstruction process since 1995. Cornerstone of this process lies on basic principles of the European strategy for Western Balkans, clearly defined in 1999 and incorporated in Stabilisation and Association Process. Basic principles of the process are: perspective of membership which is the most important driving force for European Integration Process and the region's development, countries of the region should improve their relations while bilateral relations of each country with the EU must account for specific social, economic, political and institutional conditions of each country. Today, countries in the region accept these principles differently. The first principle is broadly accepted and European integration is a part of every governmental development program or policy in the region. The application of other two principles i.e. of more intensive regional European integration has shifting dynamics and the process is developing much slower than expected.
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Bast, Jürgen. "Deepening Supranational Integration: Interstate Solidarity in EU Migration Law." European Public Law 22, Issue 2 (April 1, 2016): 289–304. http://dx.doi.org/10.54648/euro2016019.
Анотація:
The Treaties on which the EU is founded hardly ever mention the notion of solidarity between citizens. The type of solidarity owed according to the terms of the Treaties mostly concerns the relationship between Member States. This also holds true in the chapter providing the legal basis for the EU’s migration policies. The present article discusses the concept of solidarity in the Dublin System for determining the State responsible for examining an application for asylum. This case is especially critical because the Dublin System has given rise to sharp conflicts pertaining to interstate solidarity. The Dublin example demonstrates that in EU law the principle of solidarity operates in a field of tension between a high degree of supranational integration and, simultaneously, a high degree of heterogeneity among its Member States. It aims to compensate an asymmetric distribution of burdens generated by further steps on the supranational path of European integration.
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Brito, Wladimir. "40/30 (years) of Constitution and Integration: The national and European representation crisis." UNIO – EU Law Journal 3, no. 1 (January 2, 2017): 25–32. http://dx.doi.org/10.21814/unio.3.1.5.
Анотація:
This article critically approaches some issues of legal and political nature, necessarily controversial, raised by the Portuguese accession to the EU and the own political action of the Union, with the purpose to draw attention to the aspects that seem to be the most relevant in the 40/30 years milestone of the Constitution and the European integration. Amongst these issues I point out the followings: 1) perception and way of receiving the European integration by the Constitution of the Portuguese Republic, 2) degradation of the democratic principle and of the political representation due to the intervention of the EU in the member states politics or the effect of empting the internal politics caused by the action of the EU, 3) globalisation, neoliberalism and the crisis of the democratic power: producing the effect of moving the locus of the democratic powerand the erosion in the relations of the EU with the member states, 4) the EU as a space of action of the market against people. I intend, then, to provoke the debate on these relevant problems of the EU integration.
29
Muir, Elise. "The Essence of the Fundamental Right to Equal Treatment: Back to the Origins." German Law Journal 20, no. 6 (September 2019): 817–39. http://dx.doi.org/10.1017/glj.2019.64.
Анотація:
AbstractThe principle of equal treatment is essential to the process of European integration. It is one of the main principles – if not the main principle – driving this process forward. Equal treatment between States and the prohibition to discriminate on grounds of nationality are indeed cornerstones of the European project. Furthermore, the principle of equal treatment is a fundamental right according to which comparable situations must not be treated differently, and that different situations must not be treated in the same way unless such treatment is objectively justified. This fundamental right has also been given more specific expression in a set of Treaty provisions and Directives prohibiting discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation. Precisely because the principle of equal treatment performs several important functions in the EU legal order, it is shaped by several sets of actors: constituent powers, legislature and judiciary. The article first maps out the various functions that the principle of equal treatment fulfills in EU law, placing emphasis on the complexity of the relevant constitutional framework. This sets the floor for a critical discussion on how different institutional visions of the principle may compete, and a reflection of the role of the concept of ‘essence’ to articulate these competing visions.
30
von Bogdandy, Armin, and Michael Ioannidis. "Systemic deficiency in the rule of law: What it is, what has been done, what can be done." Common Market Law Review 51, Issue 1 (February 1, 2014): 59–96. http://dx.doi.org/10.54648/cola2014003.
Анотація:
There is currently a widespread view that the EU is in crisis. This crisis is not only financial, but, most importantly, it touches upon the founding principles of the Union as set out in Article 2 TEU. Among them, a principle that has served as the cornerstone of European integration already from its early stages seems particularly threatened: the rule of law. Due to endemic corruption, weak institutional capacities, or insufficient resources at the administrative or judicial levels, some EU Member States present so grave deficiencies in guaranteeing the rule of law that their conformity with basic EU standards is seriously questioned. Although it is obvious that the EU cannot stay inactive in the face of such grave deficiencies, it remains unclear how potential responses fit with the overall EU constitutional framework. This article aims at contributing to this discussion by developing the concept of systemic deficiency in the rule of law.
31
Vasilopoulou, Sofia. "European Integration and the Radical Right: Three Patterns of Opposition." Government and Opposition 46, no. 2 (2011): 223–44. http://dx.doi.org/10.1111/j.1477-7053.2010.01337.x.
Анотація:
AbstractThis article argues that radical right parties can be seen as displaying three patterns of opposition towards European integration: rejecting, conditional and compromising. These three patterns are identified through the careful examination of party attitudes on four different aspects related to European integration and the EU. These include the idea of a common identity of European peoples, the principle of cooperation at a European multilateral level, the EU policy practice and the desire to build a future European polity. In light of this conceptualization of radical right opposition to European integration, the article conducts a qualitative analysis of party literature of 12 radical right parties from 10 European countries during the latter part of the 2000s.
32
Danyliuk, Lesia. "The River Basin Principle of Water Resources Management in the Legislation of the European Union and Ukraine." Journal of Vasyl Stefanyk Precarpathian National University 5, no. 2 (August 23, 2018): 99–106. http://dx.doi.org/10.15330/jpnu.5.2.99-106.
Анотація:
The article studies the notion of the river basin principle of water resources management, its meaning, its legal definition in the EU directives, the particular aspects of its implementation in Ukraine, and its overall importance in terms of water quality and management of water resources, including the marine environment. It is determined that the river basin principle of water resources management is one of the key matters of the EU environmental policy and is a topical issue for Ukraine in the process of European integration. Essentially, the river basin principle of water resources management is defined as integrated management within a river basin district. It is concluded that this principle is one of the main components of integrated management of water resources and is, in fact, the basis of the integrated approach to such management.
33
Dabrowski, Marek. "The future of the European Union: Towards a functional federalism." Acta Oeconomica 66, s1 (December 2016): 21–48. http://dx.doi.org/10.1556/032.2016.66.s1.2.
Анотація:
The series of adverse shocks of both economic and political character that Europe has suffered since 2008, the last of them coming from the Brexit referendum, revealed numerous institutional gaps and asymmetries in the EU integration architecture. They originate from the voluntary nature of the EU project and the necessity to obtain unanimous approval of all member states to take new integration steps. To increase the resilience of the EU project against current and future shocks, its major institutional gaps and asymmetries should be addressed as quickly as possible. In this paper, we use the theory of fiscal federalism and subsidiarity principle to set the agenda of the EU reform. This includes the identification of areas such as completing the EMU and Schengen projects, foreign, security, and defence policies, environmental and climate change policies where further integration can offer substantial returns to scale and better provisions of global and pan-European public goods. On the other hand, there are also areas such as agriculture policy, products, services and labour standards, and fiscal surveillance rules, where deregulation in favour of market forces could ease business environment and make EU regulations less bureaucratic. Developing integration beyond the traditional economic sphere will also have an impact on the size of the EU budget, balance of power between the EU governing bodies (a bigger role of the European Parliament) and the democratic legitimacy of the EU project.
34
Schimmelfennig, Frank. "Von der Entgrenzung zur Eingrenzung: Krise und Wandel der europäischen Integration." integration 42, no. 4 (2019): 247–61. http://dx.doi.org/10.5771/0720-5120-2019-4-247.
Анотація:
The “polycrisis” of the European Union (EU) presents integration research with major conceptual and theoretical challenges. In the interest of an adequate understanding of current developments in European integration, this contribution argues for opening the dominant concept of integration in order to systematically include the integration of the EU’s external boundaries and to overcome its liberal bias. In this perspective, the current change in European integration consists mainly in external rebordering. It constitutes a correction of the pre-crisis type of debordering integration - a correction, which is conducive to the consolidation of European integration in principle.
35
Cíbik, Lukáš, Peter Horváth, and Richard Brix. "Integration of Post‑Communist Countries in the EU –Leaders and Losers?" Comparative Economic Research. Central and Eastern Europe 25, no. 2 (June 20, 2022): 7–20. http://dx.doi.org/10.18778/1508-2008.25.10.
Анотація:
The economic indicators of the new member states of the EU that joined after 2004 have been generally positive. In this paper, we analyse and interpret the economic development results of the 11 new Member States from the Eastern bloc. The set of individual economic indicators gives us a relatively realistic picture of the differences in development in individual post‑communist countries. The paper points out several factors which, in principle, create two groups of countries for us in terms of the development of economic indicators: A more progressive group of countries, which for the most part is showing progress towards catching up with the EU average, and a less progressive group, whose pace of convergence is significantly slower.
36
Szabó, Dániel Gergely, and Dániel Gergely Szabó. "Integrating Corporate Social Responsibility in Corporate Governance Codes in the EU." European Business Law Review 24, Issue 6 (December 1, 2013): 781–828. http://dx.doi.org/10.54648/eulr2013038.
Анотація:
While having different starting points, corporate social responsibility (CSR) and corporate governance have developed along similar paths and today they are linked in many different ways. As a consequence of this development, CSR is becoming an integral part of corporate governance codes in the EU, and the aim of this article is to analyse the extent of this integration. It is concluded that stakeholder-related issues in particular are now part of most codes in the EU, whereas corporate governance recommendations refer less frequently to specific CSR issues. However, specific CSR recommendations are still common, so it seems that in most codes it is recognised that there is a strong link between CSR and corporate governance. Even though this link may be widely recognised, it is also clear that the existing codes show a great variety of solutions to the integration of CSR and corporate governance codes. It is shown that for CSR the codes mostly contain specific recommendations related to transparency and that other recommendations are less specific. The vagueness of the recommendations on CSR issues seems to be common to all the codes examined. This general vagueness makes CSR recommendations 'soft' and frequently open to interpretation. It is also shown that the countries whose codes are most dominant in the field of corporate governance do not seem to be at the forefront of integration of CSR in their corporate governance codes. Furthermore, an analysis of two examples of the reporting on CSR recommendations under the comply-or-explain principle shows that the adoption of this principle for CSR disclosure may not work without measures to overcome some of the shortcomings seen hitherto in the application of the comply-or-explain principle.
37
Vasilopoulou, Sofia. "Varieties of Euroscepticism: The Case of the European Extreme Right." Journal of Contemporary European Research 5, no. 1 (April 24, 2009): 3–23. http://dx.doi.org/10.30950/jcer.v5i1.106.
Анотація:
The European extreme right has been understood as a monolithic entity regarding its Euroscepticism. Contrary to this, it is demonstrated in this article that in fact the extreme right adopts varying positions on Europe. Theoretically, party positions on Europe are conceptualised as a three-fold dimension, namely positions on first the principle, second the practice, and third the future of EU cooperation. From this, three types of Euroscepticism are identified. First, the ‘rejecting’ type comprising parties against all abovementioned dimensions. Second, the ‘conditional’ type containing parties not against the principle of EU cooperation but against its practice and its future. Third, the ‘compromising’ type including parties accepting both the principle and the practice of EU cooperation but opposing further integration. In accounting for this diversity, the article concludes that first, the parties displaying strong authoritarian values reject Europe regardless of their economic policy. Second, the parties refraining from ‘rejecting’ Euroscepticism support centrist and capitalist economic policies displaying comparatively less authoritarian values.
38
Luchtman, Michiel. "The ECJs recent case law on ne bis in idem: Implications for law enforcement in a shared legal order." Common Market Law Review 55, Issue 6 (December 1, 2018): 1717–50. http://dx.doi.org/10.54648/cola2018143.
Анотація:
The ne bis in idem principle is a forerunner for fundamental rights in the European legal order. It has facilitated integration, but it also meets strong resistance. This contribution deals with the principle of ne bis in idem at the interface of administrative and criminal law enforcement, which has been a particularly controversial issue over the last few years. It analyses the recent case law of the ECJ and explores its consequences, focusing on the extent to which the principle has been made dependent on the degree of harmonization of EU law and on the transnational implications. With the rise of many new forms of transnational cooperation and an increasing focus of the EU legislature on law enforcement, the significance of this case law is hard to overlook.
39
Rionidze, Kh. "THE PRINCIPLE OF GENDER EQUALITY IN THE EUROPEAN UNION: DIMENSIONS AND THEIR CONTENT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 39–44. http://dx.doi.org/10.17721/1728-2195/2019/3.110-8.
Анотація:
The topicality of this issue is related to the fact that the EU is founded on a set of values, including equality. Nowadays the attitude towards women in the society is significantly different from that of men. Unfortunately, inequality does not decline over time. The basic idea of gender equality is to provide both women and men with the same rights, opportunities and conditions for full-fledged development. The article is devoted to the dimensions of the principle of gender equality in the European Union, which is important for Ukraine due to the conditions of European integration. The dimensions of gender equality cover the political, economic, civil, social and cultural spheres of our live activity, including achieving gender equality in employment, equal pay for equal work, gender balance in decision making, harmonization of professional and family life, education and «gender mainstreaming». That is why research and analysis of gender equality's dimensions in the EU and defining the legal aspects of their regulation are relevant to the legal system of Ukraine. Over the past few decades, the EU has notably worked for equal treatment legislation, gender mainstreaming and specific measures for the advancement of women. Moreover, the EU has defined the following dimensions of gender equality: equal economic independence for women and men; equal pay for work of equal value; equality in decision-making; dignity, integrity and ending gender-based violence; and promoting gender equality beyond the EU. The dimension of gender equality is a strategy for making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and social spheres, so that women and men benefit equally and the inequality is not perpetuated. Although the EU has achieved positive results in protecting human rights, the work is still continuing in this direction. The idea of gender equality is an integral part of equality as a general principle, development and peace in the world. Without this principle, it is impossible to establish the basis for democracy, freedom, justice and tolerance. Recently, the principle of gender equality is getting paramount importance for Ukraine, as one of the conditions for successful European integration.
40
Elikbaev, K. N., and G. V. Podbiralina. "Buy national campaigns promotionin the EU and EAEU countries." International Trade and Trade Policy 7, no. 4 (January 15, 2022): 41–54. http://dx.doi.org/10.21686/2410-7395-2021-3-41-54.
Анотація:
It is determined in the article that the promotion of the “Buy National” policy is of a protectionist nature and often may not comply with international trade rules, including within the framework of integration associations. It was determined that this approach of the states participating in integration associations (the EAEU is no exception) is a certain brake on the development of integration processes. As a result of the analysis of studies on this issue, it was revealed that consumers in certain countries support the policy “Buy national, but their purchasing habits are not fundamentally changed. The study analyzes individual ways of using the Buy National campaigns in the countries of the European Union and the Eurasian Economic Union and shows that countries are actively using this policy, explaining these measures by supporting the national economy, but such actions threaten the development of integration. Based on the results obtained, possible recommendations for cooperation of the EAEU member states have been developed for an equal representation of goods from the five countries in retail facilities. In particular, it was proposed to develop and adopt a model code of good practices for retail chains as norms of "soft" law, enshrining in it the principle of non-discrimination towards goods from the EAEU member states.
41
Taufik, Abdullah Fathan, Jonni Mahroza, and Surryanto D. W. "Brexit: As a Lesson and Challenge for ASEAN Integration or Vice Versa." Technium Social Sciences Journal 7 (April 30, 2020): 263–75. http://dx.doi.org/10.47577/tssj.v7i1.307.
Анотація:
Over the last few decades, ASEAN is considered as a copycat of the system of the European Union (EU). ASEAN is considered weaker, lacks strong support from its members, has less substantive achievements, and is nothing more than competition between ASEAN member countries, where the EU has gone further in its implementation. This assessment has recently been canceled. The EU is currently faced with a list of daunting challenges - the ongoing debt crisis in Greece, increasing criticism by right-wing political groups over the European Union's fundamental agreement on freedom of movement within the EU. The refugee crisis and the growing movement of secession from member states - Britain and Spain are the most prominent examples. Of course, the EU now faces its most significant and most existent challenge, political vortex and divisions with the launch of a referendum in Britain, which resulted in 'Brexit.' This paper tries to analyze how Brexit phenomenon is suspected to occur in ASEAN due to the principle of regionalism, clashes with the sovereignty of each member country. The method used is descriptive analysis with a literature review. Based on research, Brexit in the EU has a context and substance of regionalism that is different from the conditions that exist in ASEAN. Nevertheless, Brexit is an early warning for ASEAN, which has heterogeneous regionalism. Furthermore, ASEAN is pushing for centrality and strengthening ASEAN integration in responding to the turmoil and political change taking place in the Southeast Asian region.
42
Grzeszczak, Robert. "Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach." Opolskie Studia Administracyjno-Prawne 14, no. 4 (1) (November 10, 2016): 39–54. http://dx.doi.org/10.25167/osap.1319.
Анотація:
The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.
43
Voynikov, Vadim V. "From the Mediterranean to the Baltic: the problem of implementing the principle of solidarity in the EU area of immigration and asylum." Baltic Region 11, no. 2 (2019): 17–31. http://dx.doi.org/10.5922/2079-8555-2019-2-2.
Анотація:
The 2015 migration crisis significantly affected the EU’s area of freedom, security, and justice and challenged the cohesion and solidarity of the European Union. Although the crisis is past its peak, it is not over yet: problems and challenges associated with it persist. One of them is the lack of a common approach among member states to the implementation of the principle of solidarity in the EU area of immigration and asylum. This work aims to consider the legal and political aspects of the implementation of the principle of solidarity and fair sharing of responsibility in the area of immigration and asylum. This study relies on the works of Russian and international experts in European integration and European law and on the analysis of EU regulations. There are two dimensions to the implementation of the principle of solidarity: the political and legal ones. The legal perspective provides certain clarity to the issue. According to the European Court of Justice, this principle is binding: it is capable of imposing the legal obligation of solidarity. However, as to the political perspective, member states have not been able to reach compromise. Although it is possible to introduce a permanent relocation mechanism using qualified majority voting, the Council usually seeks consensus. In this situation, the goal of the EU is not to ensure the right decision but rather to create conditions for it to be implemented by all the member states.
44
Lavallée, Chantal. "The European Union’s two-fold multilateralism in crisis mode: Towards a global response to COVID-19." International Journal: Canada's Journal of Global Policy Analysis 76, no. 1 (February 12, 2021): 17–29. http://dx.doi.org/10.1177/0020702020987858.
Анотація:
The European Union (EU) has been strongly criticized from the outset for its alleged mismanagement of the COVID-19 pandemic which began early in 2020. Several observers even predicted the end of European integration. This article examines how the EU has been managing the crisis, with a focus on how this has impacted its external relations, notably with Canada. It will argue that this crisis, as is the case with most crises the EU has gone through, has brought to light existing ambiguities in European governance, but that it has not led to fundamental questions about the EU’s and its member states’ overall commitment to Europe’s “two-fold multilateralism” (i.e., internal and external collaboration). EU representatives have re-emphasized this principle when reiterating the need for both European coordinated actions as well as a global response to the COVID-19 pandemic, working closely with their partners, including Canada. Therefore, amid the evolving and serious health-related and economy-related challenges, the crisis offers an occasion for the EU to strengthen and deepen both its integration and its global role.
45
Xenidis, Raphaële. "Transforming EU Equality Law? On Disruptive Narratives and False Dichotomies." Yearbook of European Law 38 (January 1, 2019): e2-e57. http://dx.doi.org/10.1093/yel/yey005.
Анотація:
Abstract With the adoption of the Race Equality Directive (2000/43/EC), the Framework Directive (2000/78/EC) and the Gender Directive on goods and services (2004/113/EC) and their subsequent interpretation by the Court of Justice, the landscape of EU non-discrimination law changed dramatically. At the same time, beyond this legal evolution, an important discursive shift reframed equality as a genuine fundamental right, in opposition to its historical function as a catalyst for market integration. The aim of this article is to critically interrogate what has been presented as the normative transformation of EU equality law in the aftermath of the 2000s. The present article deconstructs this disruptive narrative and contests the conventionally assumed radical dichotomy between market integration and human rights as overarching rationales for the Union’s commitment to equality. It explores the tension between an ambitious fundamental rights rhetoric and the pragmatic fluctuations of the substance of the principle of equality in EU law. It argues that the ‘new’ post-Amsterdam language of rights, under the guise of ‘progress’, covers an actual continuity in the normative grammar of EU non-discrimination law. Arguably, the very normative indeterminacy of equality facilitated its exploitation by different EU actors to advance their own strategic aims. This resulted in a form of hybridity of the principle of non-discrimination, with important consequences in terms of enforceable equality rights and their hierarchy. The demonstration offered here operates at three different levels: the analysis successively focuses on the material and discursive substance of equality, its normative foundations and its operationalization in order to explore the question of the transformation of EU equality law beyond disruptive narratives and false dichotomies.
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Aung, Nge Nge. "Principle of Irremovability of Judges: Judicial Independence in Hungary." Journal of Education Culture and Society 10, no. 2 (September 2, 2019): 293–98. http://dx.doi.org/10.15503/jecs20192.293.298.
Анотація:
Argument
Principle of irremovability of judges is a norm of judicial independence not only in the EU framework but also in the international level.Judges of the Supreme Courts or the Constitutional Court are still removed even in the modern and developed countries. It is deeply related to the lack of independence of the judiciary in Europe and beyond Europe too.
Results and Conclusion
The results of the work can be applied in some countries that have not linked each other with regional integration policy ( like Myamar and ASEAN Countreies). The functions of the Constitutional Court are needed to be updated to protect the fundamental rights effectively in national level and the judiciary should be free from the influence of the legislature and the executive.
Cognitive value
To learn the best solution for the reconcilement among the three great branches of the government, especially to respect the independence of the judiciary and the principle of irremovability of judges widely accepted as not only international standards but also EU noem.
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Vanhove, Simon. "Locality in EU Energy Law." European Energy and Environmental Law Review 29, Issue 6 (December 1, 2020): 220–31. http://dx.doi.org/10.54648/eelr2020046.
Анотація:
This article identifies ‘locality’ as an overarching concept in EU energy law. This has two consequences. First, it highlights the need for coherent law-making on EU level, specifically by avoiding multiplication of similar-but-not-identical concepts. Second, I argue locality can be considered a specific expression of subsidiarity. To support these claims, this article takes Belgium as a case study for diverse interpretations of this locality concept in Member State law. This is done by an analysis of both regional legislation and the regulator’s decision practice. Furthermore, I revisit theory on the EU constitutional principle of subsidiarity. Finally, a counter-example is offered: the second generation of network codes and guidelines will increasingly impact ‘local’ aspects of the electricity markets. In conclusion, locality serves a double theoretical role: it offers a descriptive classification for EU energy law and provides a substantive hermeneutic tool for subsidiarity assessments. EU energy law, Clean Energy Package, subsidiarity, locality, proximity, single market, integration, harmonization, network codes and guidelines
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Moreno-Lax, Violeta. "Solidarity’s reach." Maastricht Journal of European and Comparative Law 24, no. 5 (October 2017): 740–62. http://dx.doi.org/10.1177/1023263x17742338.
Анотація:
Solidarity has a key role to play in the allocation of responsibility for refugee protection, as is implied by Article 80 TFEU. Yet, EU law fails to provide a definition and a clear indication of what it entails, especially as for its external reach. Against this background, this article embarks on a theoretical/practical investigation of the normative bases of ‘EU solidarity’. Building on a cosmopolitan vision, it unpacks the multi-polar/multi-functional nature of the concept, as a founding value and constitutional (meta-)principle of EU law. In such a guise, it will posit that solidarity gives rise to an (autonomous) primary law duty of responsibility sharing/good faith cooperation that requires ‘fairness’ and ‘respect for fundamental rights’, as a uniform/all-pervading structural command generally applicable across policy fields. So configured, solidarity governs intra/extra-EU relations (based on the principle of coherence). The institutional, material, and procedural aspects of solidarity are thus explored to distil its horizontal, vertical, and systemic facets. Combined, they arguably produce a triple duty of conduct, loyalty, and result that permeates EU integration as a whole, calling into question the self-serving approach currently guiding the Common European Asylum System’s (CEAS) ‘external dimension’, as exemplified by the EU-Turkey ‘deal’.
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Tuominen, Tomi. "Reconceptualizing the Primacy–Supremacy Debate in EU Law." Legal Issues of Economic Integration 47, Issue 3 (August 1, 2020): 245–66. http://dx.doi.org/10.54648/leie2020015.
Анотація:
The practical effects of the principle of primacy of EU law are well established in the case law of the Court of Justice of the European Union (CJEU). However, the highest national courts have had difficulties in coming to terms with the principle. Does the primacy of EU law also entail the ‘supremacy’ of EU law, and what is the significance of this for national sovereignty? There seems to be no coherence in the academic discussion on how to use the terms primacy and supremacy and what they actually entail. This article presents a reconceptualization of the way in which the terms primacy and supremacy could be understood in EU law. It is argued that they are two distinct concepts: primacy refers to actual conflicts between a national norm and an EU norm in situations concerning individual rights, whereas supremacy refers to the structural relation between the EU’s and the Member States’ legal orders that manifests itself as institutional conflicts of competence. This article maps out the primacy–supremacy debate, assesses the proposed conceptualization in light of recent European and national case law, and positions the argument in relation to constitutional pluralism, the leading theory of European constitutionalism. primacy, supremacy, sovereignty, constitutional pluralism, Court of Justice, national courts, comparative constitutionalism, EU law, European integration
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Zvarych, Roman, and Bohdan Hryvnak. "Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 12(24) (December 9, 2021): 49–56. http://dx.doi.org/10.33098/2078-6670.2021.12.24.49-56.
Анотація:
Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.