scholarly journals Introduction

2021 ◽  
pp. 1-8
Author(s):  
Brigitte Unger ◽  
Lucia Rossel ◽  
Joras Ferwerda
Keyword(s):  
Financial Crisis ◽  
International Organizations ◽  
Tax Policy ◽  
Fiscal Crisis ◽  
International Level ◽  
Member States ◽  
Significant Change ◽  
Fiscal Regime ◽  
The Eu

In the wake of the financial crisis and the ensuing fiscal crisis, international organizations, as well as the EU and its Member States reacted by putting forth new tax policy regulations at the national and international level. These innovations constitute a significant change, in tax policy and for the EU fiscal regime. In this chapter, the editors give an overview of the context and process that gave rise to the boom in regulations in recent years. All chapters in the book are outlined in the context of the tax ecosystem. This setting remains as a guideline throughout the analyses of global policies in the book.

Adapting the European System of Financial Supervision (ESFS) to the EEA Two-Pillar Structure – A Workable Solution?

2019 ◽  
Vol 16 (5) ◽  
pp. 557-591
Author(s):  
Andri Fannar Bergþórsson
Keyword(s):  
Financial Crisis ◽  
Global Financial Crisis ◽  
National Level ◽  
Financial Supervision ◽  
Member States ◽  
Eu Member States ◽  
European System ◽  
Pillar Structure ◽  
The Global Financial Crisis ◽  
The Eu

In response to the global financial crisis, the European System of Financial Supervision (ESFS) was created in 2010. Supranational bodies were established for different financial sectors to act as supervisors of sorts for national-level supervisors in EU Member States. This article focuses on how the system was adapted to three EFTA States that are not part of the EU but form the internal market along with EU Member States through the EEA Agreement – Iceland, Norway and Lichtenstein (EEA EFTA States). The aim is to clarify how ESFS has been incorporated into the EEA agreement and to discuss whether this a workable solution for the EEA EFTA States that have not transferred their sovereignty by name in the same manner as the EU Member States. One issue is whether the adaptation has gone beyond the limits of the two-pillar structure, as all initiative and work stem from the EU supranational bodies and not the EFTA pillar.

scholarly journals The relationship between the sovereignty of member states and the supernationality of international organizations

2020 ◽  
pp. 349-353
Author(s):  
Olga Shpakovych ◽  
Sofia Penkovska
Keyword(s):  
International Organizations ◽  
The State ◽  
International Organization ◽  
State Sovereignty ◽  
Member States ◽  
The Relationship ◽  
Theoretical Results ◽  
The Eu

The article presents the result of theoretical and practical study of the relationship between state sovereignty and supranationalityof international organizations. In particular, it is determined that the phenomenon of supranationality of international organizations isderived from state sovereignty and acts as its external law. It has been shown that, in view of this, supranationality is limited becauseit arises through the exercise of sovereignty by states, and, accordingly, is limited by the amount of state sovereignty exercised by states.The relevant mechanism has also been studied on the example of the functioning of the European Union.Regarding the theoretical results, the following should be noted. First, it was proved that despite the different approaches of scho -lars to the understanding of supranationality, definitions of this concept and the separation of its features (properties), in each case,supranationality is a direct realization of state sovereignty. At the same time, the realization of state sovereignty in relation to such pro -perties of international organizations as supranational is primary, and supranationality in this case is derivative. In addition, the phenomenonof supranationality of international organizations due to the fact that it is derived is limited, because supranationality arisesthrough the exercise of sovereignty by states, and, accordingly, is limited by the amount of state sovereignty exercised by states. Thatis why when analyzing the relationship between the supranationality of international organizations and state sovereignty, one cannotconsider the priority of one of the two, because supranationality is in essence a manifestation of state sovereignty.Regarding the practical results, the author considers it appropriate to emphasize that both the regional international organization –the EU was studied, and, at the same time, it was proved that all theoretical provisions were reflected in practice, in particular, envisagedfunctions, goals and the tasks of the studied international organizations are limited in scope by the manifestation of sovereignty shownby states, similar to the regulations issued by organizations. Another indication that the state can exercise its sovereignty in any case isthat there is an effective and transparent procedure for leaving these organizations

Mercosur

2020 ◽  
pp. 156-177
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen ◽  
Tobias Lenz ◽  
Jofre Rocabert ◽  
Loriana Crasnic ◽  
...  
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Turn Of The Century ◽  
The European Union ◽  
Member States ◽  
International Diffusion ◽  
The Eu

This chapter examines the evolution of the parliamentary dimension in Mercosur, from its modest beginnings with the Joint Parliamentary Commission to the establishment of the consultative Mercosur Parliament (Parlasur) in 2005. The context for the establishment and empowerment of an international parliamentary institution was favourable in Mercosur. Specifically, the chapter argues that the organization’s initial parliamentarization reflects the combination of international diffusion from the EU and the democratization of member states, while the transition to Parlasur is best explained by a combination of diffusion from the European Union and the financial crisis in the region that occurred around the turn of the century.

Communicating with the European Composite Administration

2014 ◽  
Vol 15 (5) ◽  
pp. 883-906 ◽  
Author(s):  
Jane Reichel
Keyword(s):  
International Organizations ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Court Of Justice ◽  
Union Citizenship ◽  
The Individual ◽  
The Right ◽  
The Eu

One of the reasons for introducing a “Union” citizenship in the 1993 Maastricht Treaty was to provide a direct channel between the citizens of the Member States and the EU. In contrast to many other international organizations, the role of the individual has been central to the European project since its inception. In its famous 1962 judgment given inVan Gend en Loos,1 the Court of Justice of the European Union (CJEU) underscored the importance of the “vigilance of individuals concerned” seeking to protect their European rights in the new legal order through judicial control.2 The right to directly vote on the representatives of the European Parliament had already been introduced in the 1970s. The citizens of the Member States were thus equipped with two classic forms of political participation even prior to the introduction of Union citizenship: law making and the legal adjudication of individual cases. Nonetheless, whether these channels are sufficient to guarantee the citizens effective democratic means to influence legislation and exercise control of EU institutions in the rather complex multilevel legal system of the EU has been continuously debated.

Liability to Third Parties of Member States of International Organizations: Practice, Principle and Judicial Precedent

1991 ◽  
Vol 85 (2) ◽  
pp. 259-280 ◽  
Author(s):  
C. F. Amerasinghe
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Agreements ◽  
Third Parties ◽  
International Level ◽  
Member States ◽  
Legal Personality ◽  
Municipal Law ◽  
Legal Consequences

One of the principal issues of interest to international lawyers in the International Tin Council cases decided by the English courts was whether member states of the International Tin Council (ITC) were secondarily or concurrently liable to third parties for the debts of the organization. This issue may arise when two or more states form an organization with legal personality that can perform functions with legal consequences. In the course of performing these functions, such an organization may incur liabilities to third parties. These third parties may be states, other organizations, individuals or legal persons. The states may be member states of the organization itself or other states, and the individuals and legal persons may be nationals of member states or not. The liabilities may emanate from transactions, such as international agreements between states and the organization, that take place at the international level and may be governed by international law; or they may stem from transactions governed by municipal law, whether between the organization and states, individuals or legal persons. Such liabilities may be contractual, quasi-contractual or delictual.

scholarly journals New Measures of Workforce Skills in the EU

2012 ◽  
Vol 220 ◽  
pp. R17-R28 ◽  
Author(s):  
Lili Kang ◽  
Mary O'Mahony ◽  
Fei Peng
Keyword(s):  
Human Capital ◽  
Financial Crisis ◽  
Workforce Training ◽  
Data Series ◽  
Member States ◽  
Skill Levels ◽  
New Member States ◽  
The Us ◽  
Workforce Skills ◽  
The Eu

This paper presents new data series designed to yield a more complete picture of the growth in average skill levels embedded in the EU workforce, comparing with competitor countries such as the US and China. Harmonised data from EU surveys are employed to extend coverage in existing databases to more countries, to cover the period of the financial crisis, and to skills acquired through informal workforce training. The results indicate growth in labour quality in the EU15 marginally below the US, convergence of the group of new member states to the EU15 but no sign of convergence of China to more developed regions. There is evidence of a pronounced rise in labour quality in most countries after 2007, consistent with theories of labour hoarding, but with some notable exceptions. Expanding the conventional measures of labour quality to include informal training leads to small but significant increases in the growth of human capital in some EU15 member states.

scholarly journals THE EUROPEAN MONITORING CENTRE FOR DRUGS AND DRUG ADDICTION - SELECTED SYSTEM-WIDE ISSUES AND ACTIVITIES

2019 ◽  
Vol 34 (3) ◽  
Author(s):  
Katarzyna Woch
Keyword(s):  
European Union ◽  
Drug Addiction ◽  
International Organizations ◽  
The European Union ◽  
Dynamic Nature ◽  
Member States ◽  
Monitoring Centre ◽  
Safety And Health ◽  
Basic Features ◽  
The Eu

The issue of drugs is an important problem for the European citizens and it poses a serious threat to safety and health of the European society. This is mainly due to the fact that one of the basic features characterizing the problem of drugs is its changeable and dynamic nature. Furthermore, the drug-related phenomena haveno borders, they exist everywhere where people live and affect all social classes. The European Union is one of the international organizations which, both by its own activities and the efforts of the member states, attempts to prevent and fight the adverse effects associated with drug abuse. The implementation of such a goal is possible thanks to the activities of the agency responsible for the holistic study of the problem of drugs and drug addiction and for popularization of the obtained information among the EU institutions, Member States and other organizations. The purpose of the article is to present the activities of the European Monitoring Centre for Drugs and Drug Addiction, whose role is to provide factual, objective, reliable and comparable information of the European standard on drugs and drug addiction as well as their effects both on the European Union itself andthe member states.

scholarly journals Immunity of States and International Organizations in the Court of Justice of the European Union Practice and its Significance in the Implementation of Megascience Projects

Lex Russica ◽  
2021 ◽  
pp. 112-129
Author(s):  
A. O. Chetverikov
Keyword(s):  
European Union ◽  
International Organizations ◽  
Hadron Collider ◽  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
Attorneys General ◽  
The Eu

In recent years, Russia has invested significant assets in unique scientific facility of the “Megascience” class that are being built or are already operating on the territory of foreign countries, mainly member states of the European Union: the International Thermonuclear Research Reactor-ITER (France), the European X-ray Free Electron Laser-European XFEL, the Large Hadron Collider (Switzerland and France), etc.How reliable and safe are such investments in the context of the sanctions policy of the West, including the EU, against our country? To what extent are they protected by the principle of immunity of states and international organizations, which is generally recognized, but is not interpreted and applied in different legal systems? The paper considers these issues in the context of the development of the judicial practice of the supranational institution of the judicial power of the EU, namely the Court of Justice of the European Union and the concept of relative immunity (immunité relative) formulated herein.Having conducted a comparative legal review of the current state of the sources of law and doctrine on the issues of immunity of states and international organizations, the author analyses and evaluates the decisions of the EU Court of Justice and the legal positions of its attorneys General: — Mahamdia v. Algeria, 2012: for the first time ECJ formulates the concept of relative immunity in relation to states;— "Rina" and "Suprim" cases, 2020: EU Court clarifies the interpretation of the concept of acta iure imperii (acts of public authority), in respect of which states retain immunity in the EU, and extends its concept of relative immunity to international intergovernmental organizations.The final section deals with legal issues that yet to get a clear answer in the practice of the EU Court of Justice. In this regard, the author highlights possible directions of its evolution, and studies other recent decisions of the EU Court of Justice that may affect Russia’s national interests in the context of cooperation with EU member states in the scientific and technical sphere, including megascience, and in other areas.

Book IV Multilateral Diplomacy, Human Rights, and International Organizations, 22 The European Union—II External Relations

2016 ◽  
Author(s):  
Berman Paul
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Organizations ◽  
International Level ◽  
The European Union ◽  
External Relations ◽  
Single State ◽  
Common Policies ◽  
Multilateral Diplomacy ◽  
The Eu

This chapter examines the unique characteristics of the European Union in conducting its external relations, including its limitations and complex division of responsibilities. The Union’s position on the international stage has frequently been seen as ambiguous. Its extensive common policies and legislation, and its extensive relations with third States and international organizations, can create the expectation that the European Union can or should act at the international level in a manner akin to that of a single State. However the Union can only act within the limits of the powers conferred on it by its Member States under the EU Treaties and the complex division of responsibilities amongst the Union’s own institutions. As such, dealing with the European Union at the international level can indeed be perplexing.

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