Silence of the EU Authorities: The Legal Consequences of Inaction by the EU Administration

2020 ◽  
pp. 33-63
Author(s):  
Natassa Athanasiadou ◽  
Mariolina Eliantonio
Keyword(s):  
Legal Consequences ◽  
The Eu

The Ratifications

2020 ◽  
pp. 83-104
Author(s):  
Paul Craig
Keyword(s):  
International Level ◽  
Legal Perspective ◽  
The Uk ◽  
Domestic Law ◽  
Legal Consequences ◽  
The Eu

This chapter assesses the ratification of the Withdrawal Agreement by clarifying the means by which the UK and the EU gave effect to the exit treaty. It begins by looking at the ratification and legal implementation from the UK legal perspective. The UK is a dualist country as regards the relation between treaties and UK law. A treaty may therefore bind the UK at the international level, but will have no effect in UK domestic law unless and until it is ratified and incorporated into UK law via statute. The chapter sets out the foundational principles concerning dualism and explains the process through which the UK implemented the Withdrawal Agreement so as to satisfy the dualist precept. It also considers the interconnection between the EU Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020. The chapter then examines the ratification and its legal consequences from the EU perspective.

Non-Discrimination and the Many Faces of Private Law in the Union – Some Thoughts After the “Test-Achats” Judgment

2011 ◽  
Vol 2 (2) ◽  
pp. 283-290 ◽  
Author(s):  
Norbert Reich
Keyword(s):  
Ethnic Origin ◽  
Employment Law ◽  
Time Span ◽  
Insurance Market ◽  
Private Law ◽  
Party Autonomy ◽  
The Many ◽  
Prior Decision ◽  
Legal Consequences ◽  
The Eu

The case discusses the “Test-Achats” judgment of the ECJ in the overall context of the EU-non-discrimination principle in relations traditionally governed by private law and party autonomy. This principle has come from employment law and has been extended to consumption matters, at least with regard to such incriminated characteristics as gender, ethnic origin, and nationality. Even if the consequences of the ECJ judgment on the insurance market, including protection of insured persons themselves, by imposing “unisex”-tariffs from 21.12.2012 on may be viewed critically, the Court only draws the legal consequences of a prior decision of the EU legislator which cannot be delayed for an indefinite time span by the Member States (author's headnote).

6 Security Interest and Right of Use

2020 ◽  
Keyword(s):  
New York ◽  
Security Interest ◽  
Commercial Code ◽  
Before And After ◽  
The Right ◽  
Legal Consequences ◽  
The Eu

This chapter assesses the important elements of collateral transactions under which the collateral taker receives a security interest in the collateral while the collateral provider retains some form of proprietary interest in the collateral. In the EU context, the 'right of use' that is commonly agreed under a security collateral transaction is one of, if not the most, important issue in this regard. The right of use has its origins in prime brokerage agreements and the ISDA Credit Support Documents governed by New York law. The chapter then discusses the risks associated with what is also called 'reuse' and 'rehypothecation'. It also considers the right of use before and after the implementation of the Collateral Directive. Moreover, the chapter addresses the legal consequences of the collateral taker's exercise of the right of use. Finally, it examines US law. In particular, because the right of use has limited recognition under the Uniform Commercial Code, more focus will be on how it is employed pursuant to contract and subjected to extensive regulation intended to protect customers.

State Continuity and its Consequences: The Case of the Baltic States

2003 ◽  
Vol 16 (2) ◽  
pp. 377-388 ◽  
Author(s):  
PETER VAN ELSUWEGE
Keyword(s):  
International Law ◽  
Legal Status ◽  
Baltic States ◽  
Political Issues ◽  
The Baltic ◽  
Legal Consequences ◽  
The Eu

The recognition of Baltic independence in 1991 led to a number of challenges in their relationship with Russia. The legal status of large Russian-speaking minorities in Latvia and Estonia, the unresolved border questions, and the particular situation of Kaliningrad have proved to be the most pressing of these. This article tries to link these topical political issues with international law practice on state continuity. It refers to competing visions of Baltic statehood and its political and legal consequences, particularly in the context of the forthcoming enlargement of NATO and the EU.

scholarly journals Unintended repercussions of Brexit? The departure of skilled Germans from Britain after the referendum

2021 ◽  
Author(s):  
Nico Stawarz ◽  
Nils Witte
Keyword(s):  
Panel Study ◽  
The Political ◽  
The European Union ◽  
Return Migrants ◽  
Political Situation ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact ◽  
Legal Consequences ◽  
The Eu

Although the referendum on the withdrawal of the United Kingdom from the European Union—better known by its portmanteau Brexit—had no immediate legal consequences for migrants, the changed public atmosphere and looming consequences for their status are creating uncertainty among migrants in the UK. This article analyses the impact of Brexit on Germans who lived in the UK and returned to Germany in 2017/18. Our analysis relies on the first wave of the German Emigration and Remigration Panel Study (GERPS), a novel probability-based sample of German return migrants from the EU member countries. The results show that more than half of German return migrants from the UK are strongly affected by Brexit. Furthermore, those who returned on account of Brexit are more likely to blame the political situation, the lack of social security, and their dissatisfaction with life in their host country than those who did not return on account of Brexit – or than those returning from other EU15 member countries. In sum, our results indicate that Brexit may have the unintended consequence of driving out skilled and socio-culturally more integrated migrants who had been living in the UK for several years.

(BR)EXIT from the EU

2017 ◽  
Vol 14 (3) ◽  
Author(s):  
Julia Told
Keyword(s):  
Member State ◽  
Main Part ◽  
The European Union ◽  
International Treaties ◽  
Business Law ◽  
The United Kingdom ◽  
Bilateral Approach ◽  
European Business ◽  
Legal Consequences ◽  
The Eu

The United Kingdom (UK) has voted to leave the European Union (EU). Ever since the deficiencies of Art. 50 TEU allowing for an exit from the EU (‘Exit’) have caused legal uncertainty. This article intends to shade light on the main questions causing this uncertainty: In a first main part it elaborates on the requirements to be met in order to invoke Art. 50 TEU. As of now, it is discussed highly controversially if a notification pursuant to Art. 50 TEU is conditional upon the compliance with national constitutional requirements and if such a notification can be unilaterally revoked. It is found that national constitutional requirements have to be met before Art. 50 TEU can be invoked and that a notification is not unilaterally revocable. Furthermore, this part elaborates on the requirements for the conclusion of an Exit-agreement as well as the consequences of an Exit without an Exit-agreement. The second main part of the article shifts perspective to potential future legal relations between a former Member State and the EU. It structures possible legal consequences by classifying four different scenarios: (1) No Exit, (2) Exit and the former Member State remaining member of the EEA on the side of EFTA, (3) Exit and bilateral approach compared e. g. to Switzerland, Turkey or Canada (4) Exit and no more direct legal connections between the EU and the former Member State besides multilateral international treaties. In a third part these scenarios are tested on their legal consequences in certain areas of law most of them relating to European business law. Of course, this article can by no means address all affected areas of law and had to make a choice.

Brexit: legal consequences for the EU

ERA Forum ◽  
2018 ◽  
Vol 18 (4) ◽  
pp. 493-511
Author(s):  
Nial Fennelly
Keyword(s):  
Legal Consequences ◽  
The Eu

scholarly journals DOPING AS A GLOBAL PROBLEM OF THE 21ST CENTURY ON ACCOUNT OF ITS ILLEGAL INFLUENCE ON THE RESULTS OF OFFICIAL SPORTS COMPETITIONS

2021 ◽  
Vol 74 (11) ◽  
pp. 3092-3097
Author(s):  
Volodymyr V. Shablystyi ◽  
Dmytro O. Anisimov
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Professional Career ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Research Findings ◽  
Domestic Practices ◽  
Criminal Legislation ◽  
Legal Consequences ◽  
The Eu

The aim: The study of international and domestic practices of Ukraine concerning the legal regulation of liability for exerting illegal influence on the results of official sports competitions within the context of such means of its commission as the use of doping for the purpose of obtaining additional arguments to emphasize the benefit / the inexpedience of criminalization of such acts as quasi-corruption fraudulent activities. Materials and methods: The article implements doctrinal provisions of domestic and foreign scientific developments in relation to the liability for illegal influence on the results of official sports competitions by means of the use of doping as well as national and foreign criminal legislation, established law enforcement practices, and results of the sociological survey. For such purpose, the authors utilized the methods of analysis and synthesis, a comparative legal method, methods of survey and generalization of viewpoints, research findings. Conclusions: Authors have established the absence of necessity for the introduction of the criminal prohibition in respect of athletes for the use of doping for an entire span of their professional career as well as for the use of doping as the means for exerting illegal influence on the results of official sports competitions. The expedience of further studies has been ascertained by drawing from the experience of the EU, Australia, Canada, USA, and other countries concerning the legal regulation of liability for exerting illegal influence on the results of official sports competitions, legal consequences of the use of doping and corresponding law enforcement practices within the context of grounds and principles of criminalization of socially dangerous acts elaborated by the criminal law studies.

scholarly journals On the Legal Consequences of Brexit

Legal Concept ◽  
2019 ◽  
pp. 140-145
Author(s):  
Dmitriy Galushko
Keyword(s):  
European Union ◽  
Public Relations ◽  
International Organizations ◽  
The European Union ◽  
International Treaty ◽  
Scientific Methods ◽  
General Scientific ◽  
The Uk ◽  
Legal Consequences ◽  
The Eu

Introduction: one of the most important functioning aspects of modern regional international organizations is the institution of state membership. For the European Union, this issue has until recently been considered in terms of the ongoing process of developing European integration and expanding the membership of States in this international organization. In 2016, the UK held a referendum on its leaving the EU, whose positive result gave rise to the process of leaving the EU – Brexit. Brexit has produced a number of consequences, some of which will be analyzed in this paper. The aim of the study is to investigate and analyze some of the legal consequences of Brexit. Methods: in the course of the research both general scientific methods of cognition and specific legal methods (formal-legal, historical-legal) were used. Results: the paper proves that Brexit is a unique case in the practice of both the European Union and the international practice of interaction between States and international organizations. The author found that the UK’s leaving the EU entails a number of consequences, which are extremely difficult to identify, since they are very diverse and relate to completely different spheres of public relations: peace, security, economy, migration, Northern Ireland, and etc. Conclusions: Brexit becomes a process of testing completely new mechanisms and procedures that will have a significant impact both at the international legal level and at the domestic level. Today, Brexit requires careful legal support, as it directly affects the rights and freedoms, first of all, of citizens on both sides. Without a properly executed international treaty, Brexit could become a threat not only to the economic sphere, but even to peace and security in the region.

Beyond Predictability – Reflections on Legal Certainty and the Discourse Theory of Law in the EU Legal Order

2009 ◽  
Vol 10 (11) ◽  
pp. 1469-1493 ◽  
Author(s):  
Elina Paunio
Keyword(s):  
Decision Making ◽  
Discourse Theory ◽  
Legal Certainty ◽  
Legal Decision ◽  
Legal Proceedings ◽  
Legal Decision Making ◽  
Rational Acceptability ◽  
Theory Of Law ◽  
Legal Consequences ◽  
The Eu

Legal certainty requires a balance between stability and flexibility. Following the hermeneutical footsteps of legal theorists such as Aulis Aarnio and Alexander Peczenik, a distinction can be made between formal and substantive legal certainty; between predictability and acceptability of legal decision-making. Formal legal certainty implies that laws and, in particular, adjudication must be predictable: laws must satisfy requirements of clarity, stability, and intelligibility so that those concerned can with relative accuracy calculate the legal consequences of their actions as well as the outcome of legal proceedings. Substantive legal certainty, then, is related to the rational acceptability of legal decision-making. In this sense, it is not sufficient that laws and adjudication are predictable: they must also be accepted by the legal community in question.

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