Article 23 [Diplomatic and Consular Protection of Another Member State]

Prawo obywateli Unii Europejskiej do czynnego i biernego udziału w wyborach parlamentarnych w kraju członkowskim miejsca pobytu

Opolskie Studia Administracyjno-Prawne ◽

10.25167/osap.1318 ◽

2016 ◽

Vol 14 (4 (1)) ◽

pp. 23-37

Author(s):

Marek Danikowski

Keyword(s):

Member State ◽

European Parliament ◽

European Democracy ◽

The Right ◽

Insufficient Knowledge ◽

The Eu

The right of EU citizens residing in another Member State, to vote and stand in elections to the European Parliament is a major achievement of the European democracy. In the light of EU citizens’ still insufficient knowledge concerning the opportunities and benefits brought in by this right, it is worth making this institution more familiar to themin a straightforward way, at the same time balancing criticism towards the idea of the EU.

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Member State Enforcement of International Agreements and Access to Justice: Rethinking Direct Effect

SSRN Electronic Journal ◽

10.2139/ssrn.2162409 ◽

2012 ◽

Author(s):

Szilárd Gáspár-Szilágyi

Keyword(s):

Member State ◽

Direct Effect ◽

International Agreements ◽

Access To Justice

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The CountryyoffOrigin Principle and Balancing Jurisdiction Between Home Member States and Host Member State

SSRN Electronic Journal ◽

10.2139/ssrn.3067321 ◽

2017 ◽

Author(s):

Karsten Engsig SSrensen

Keyword(s):

Member State ◽

Member States

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New Facilities and Institutions

10.1093/oso/9780198801801.003.0009 ◽

2017 ◽

Author(s):

C. Randall Henning

Keyword(s):

Member State ◽

Euro Area ◽

Institutional Arrangements ◽

European Monetary ◽

Research Institutes ◽

European Stability Mechanism ◽

The International Monetary Fund ◽

European Monetary Fund ◽

New Facilities ◽

Political Matter

As the crisis evolved, euro-area governments first constructed two transitional financial facilities and then created a permanent fund. This chapter reviews the creation of the financial facilities of the euro area culminating in the establishment of the European Stability Mechanism. The ESM treaty contains a strong presumption, but not a strict legal requirement, that the International Monetary Fund (IMF) will also be involved in assistance to a member state. As a political matter, the Fund’s involvement is strongly favored in creditor countries of the euro area. The emergence of the ESM, a new institutional player in crisis finance, prompted a reconsideration of the institutional arrangements under which crisis programs are designed. The chapter reviews proposals from research institutes and the European Parliament to combine resources of the European Commission and the ESM into a European Monetary Fund.

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Brexit and the EU Area of Freedom, Security, and Justice

10.1093/oso/9780198811763.003.0009 ◽

2017 ◽

Author(s):

Deirdre Curtin

Keyword(s):

Member State ◽

Data Retention ◽

Free Zone ◽

The Uk ◽

The Eu

UK involvement in the EU Area of Freedom, Security, and Justice (AFSJ) has been patchy. It never joined the Schengen border-free zone, and when in 2014 it exercised a block exit from all AFSJ measures, it selectively rejoined a substantial number. Even if partially outside, the UK has been a leader inside. Advanced intelligence capabilities meant it provided important support to the functioning of agencies such as Europol and UK laws inspired EU laws, for example, on data retention. The need to preserve some pragmatic forms of cooperation between the UK and the EU is obvious and shared by the UK security establishment. There is a partial institutional precedent . When Denmark rejected participation in Europol in a popular referendum, the Danish government obtained a deal from the EU institutions which allows it to remain associated to Europol as a ‘third country’ (and a Member State). The bespoke Brexit reality may prove even more complex.

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Compensating for limitations in domestic output performance? Member state delegation of policy competencies to regional international organizations

International Relations ◽

10.1177/0047117820970320 ◽

2020 ◽

pp. 004711782097032

Author(s):

Diana Panke

Keyword(s):

Member State ◽

International Organizations ◽

Policy Area ◽

Member States ◽

Domestic Output ◽

Window Dressing ◽

Output Performance ◽

Policy Goals ◽

Energy States

Cooperation in regional international organizations (RIOs) can help member states to work toward and perhaps achieve policy goals that would not be feasible unilaterally. Thus, RIOs might be used as a means of states to compensate for domestic shortcomings in output performance. Do states equip RIOs with policy competencies in order to compensate corresponding domestic performance shortcomings? The analysis of a novel database on policy competencies of 76 RIOs between 1945 and 2015 reveals that usually RIOs are not usually used as window-dressing devices by which states disguise limited domestic output performance. Instead, governments tend to equip RIOs with policy competencies in order to further strengthen their already good output performance in most policy areas. However, in the policy area, ‘energy’ states tend to confer more competencies to their respective RIOs, the worse they perform domestically, indicating that output-related compensation dynamics might be at play in this field.

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Ships, sovereign immunity and the subtleties of the Brussels I regulation: Case C-641/18 LG and others v. Rina SpA, Ente Registro Italiano Navale: Ships, sovereign immunity and the subtleties of Brussels I: Rina

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x211005973 ◽

2021 ◽

pp. 1023263X2110059

Author(s):

Vincent Power

Keyword(s):

Member State ◽

International Law ◽

Red Sea ◽

State Court ◽

Private Law ◽

Eu Law ◽

Commercial Activity ◽

Sovereign Immunity ◽

Public International Law ◽

Flag State

More than 1000 passengers on a Panamanian-registered ferry drowned in the Red Sea. Some survivors and relatives of some of the victims sued the classification and certification ship society which had surveyed the ferry. Relying on the Brussels I Regulation, the plaintiffs sued the defendants in the latter’s seat (in Italy). The defendants claimed sovereign immunity as they were acting on behalf of Panama (that is, the flag state). The CJEU ruled that, generally, Article 1(1) of the Regulation means that an action for damages, brought against private-law corporations engaged in the classification and certification of ships on behalf of, and upon delegation from, a non-EU Member State, falls within the concept of ‘civil and commercial matters’ in the Regulation. The defendants were therefore not immune. The CJEU qualified its ruling by saying that this is conditional on the activity being not exercised under ‘public powers’ (within the meaning of EU law) because then it would then be a sovereign and not a commercial activity. The CJEU thereby ruled that the customary public international law principle that foreign states have immunity from jurisdiction does not preclude an EU Member State court seised of a dispute from exercising jurisdiction under the Regulation in these circumstances.

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Energy Communities Design Optimization in the Italian Framework

Applied Sciences ◽

10.3390/app11115218 ◽

2021 ◽

Vol 11 (11) ◽

pp. 5218

Author(s):

Matteo Zatti ◽

Matteo Moncecchi ◽

Marco Gabba ◽

Alberto Chiesa ◽

Filippo Bovera ◽

...

Keyword(s):

Member State ◽

Heat Pump ◽

Energy Efficient ◽

Optimization Problem ◽

Community Initiatives ◽

Operation Optimization ◽

Energy Community ◽

Energy Assets ◽

Key Aspects ◽

Italian Legislation

Energy communities (EC) are expected to have a pivotal role to reach European decarbonization targets. One of the key aspects is the regulatory framework adopted by each Member State to properly manage such new customers’ aggregation. The paper firstly provides an updated overview of the EC regulation, focusing on the current Italian legislation. Next, a novel methodology for the design and management of energy community initiatives is proposed. The procedure firstly solves a design and operation optimization problem to calculate the best size of energy assets (boiler, heat pump, photovoltaic, thermal storage) to be installed. Second, a Shapley value-based approach is exploited to distribute a part of the community’s incomes to members, based on their contribution to the overall welfare. Results demonstrate that the adopted methodology is effective in ensuring a proper cash flow for the community, while pushing its members towards energy efficient behaviors.

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