scholarly journals Linked Open Data and e-Participation in the EU Law-Making Process

2016 ◽  
pp. 79-89 ◽  
Author(s):  
P. Schmitz ◽  
E. Francesconi ◽  
B. Batouche ◽  
B. Dombrovschi ◽  
D. Duy ◽  
...  
Keyword(s):  
Open Data ◽  
Linked Open Data ◽  
Eu Law ◽  
Law Making ◽  
The Eu

4. EU Law: Sources, Forms, and Law-Making

2021 ◽  
pp. 94-140
Author(s):  
Nigel Foster
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Order ◽  
Fundamental Rights ◽  
Soft Law ◽  
Eu Law ◽  
The Rich ◽  
Alternative Decision ◽  
Law Making ◽  
The Eu

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.

25. EU criminal law

2017 ◽  
Author(s):  
John R Spencer
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Eu Law ◽  
Member States ◽  
Criminal Justice Systems ◽  
Practical Necessity ◽  
Ideological Resistance ◽  
Law Making ◽  
The Eu

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.

24. EU criminal law

2020 ◽  
pp. 792-825
Author(s):  
John R Spencer ◽  
András Csúri
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Eu Law ◽  
Member States ◽  
Criminal Justice Systems ◽  
Practical Necessity ◽  
Ideological Resistance ◽  
Law Making ◽  
The Eu

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.

3. Scope of the EU Treaty: laws and lawmaking

2020 ◽  
pp. 53-88
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
European Parliament ◽  
Soft Law ◽  
Democratic Deficit ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Law Making ◽  
The Eu

This chapter examines the lawmaking powers of the European Union (EU) in the context of its Treaties. It explains that the EU has the competence to make law of various types (including secondary legislation, soft law, delegated acts and implementing acts) in a broad range of areas and that the amendments to the lawmaking procedures have affected the institutional balance, giving an increased role to the European Parliament. It discusses the changes made to improve the level of democracy at EU level, to address concerns that EU law-making has a ‘democratic deficit’ and lacks transparency and proportionality. The chapter also considers the different aspects of EU competence, describes the lawmaking process and sources of EU law and also addresses questions concerning the determination of exclusive, shared and concurrent competence, particularly in the context of subsidiarity. Furthermore, it examines the rules on the EU adopting legislation without all Member States participating (closer cooperation).

Consequences of Choosing an External Legal Basis

2019 ◽  
pp. 113-148
Author(s):  
Christina Eckes
Keyword(s):  
Political Power ◽  
Representative Democracy ◽  
Eu Law ◽  
Legal Basis ◽  
Member States ◽  
Adequate Level ◽  
External Relations ◽  
International Obligations ◽  
Law Making ◽  
The Eu

Chapter 4 discusses the constitutional consequences of the choice of legal basis in the context of external relations. The Union and its Member States are interlocked in a tight embrace, which leads to a far more complicated power division than may appear from a straightforward reading of the Treaty provisions on competences. The choice of the appropriate legal basis is the legal emanation of political power struggles between the Member States and the Union and among the EU institutions. The chapter identifies situations, in which the fact that law-making moves from the internal EU sphere to the external (i.e. international) sphere places more far-reaching restrictions on the Member States’ exercise of powers than would apply internally. It also argues that clarity in attributing responsibilities is a foundational requirement for bonding structures in a divided representative democracy, in which individuals are represented as EU citizens and national citizens. An adequate level of clarity on who is responsible for what is a necessary, albeit insufficient, condition for feeling represented and for limiting the ability of representatives to deny responsibilities. Finally, the chapter illustrates how the international obligations of the Member States are vested with the particular bite (i.e. effectiveness) of EU law when the question of who should take action, which is at the centre of the choice of legal basis, is avoided by concluding a mixed agreement. This limits the scope of manoeuvre of Member States as international actors.

The Europeanization of Corporate Law

2019 ◽  
pp. 85-154
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Schillig
Keyword(s):  
Case Law ◽  
Internal Market ◽  
Corporate Law ◽  
Company Law ◽  
Eu Law ◽  
Freedom Of Establishment ◽  
The Future ◽  
Corporate Mobility ◽  
Law Making ◽  
The Eu

This chapter begins with an overview of the nature and effects of EU law and the EU law-making process, with particular focus on the internal market. This is followed by an analysis of the acquis unionaire—the EU law with company law relevance at both Treaty level and the level of secondary legislation (regulations and directives). It emphasizes the trajectory of EU company law and its development in distinguishable ‘waves’. It then turns to the issue of corporate mobility within the Union, on the basis of the Court’s case law on freedom of establishment, as well as the emerging EU law infrastructure for corporate mobility transactions. The chapter concludes with some speculation about the future of EU company law in the light of Brexit.

scholarly journals Open Data and Competition Law Some Issues Regarding Access and Pricing of Raw Data

2015 ◽  
Vol 9 (2) ◽  
pp. 95-120
Author(s):  
Bjorn Lundqvist ◽  
Ylva Forsberg ◽  
Marc De Vries ◽  
Mariateresa Maggiolino
Keyword(s):  
Open Data ◽  
Competition Law ◽  
Case Law ◽  
Eu Law ◽  
Information Goods ◽  
Valuable Resource ◽  
Goods And Services ◽  
Single European Market ◽  
Public Sector Information ◽  
The Eu

Public sector information (PSI) is a very valuable resource that, back in 2003, the EU parliament and council decided to appraise by incentivizing its re-use via a dedicated Directive. In 2013, the directive was revised to further promote the development of a single European market for information goods and services. On the bases of the European and national case law, this article investigates the main competitive issues that this EU law about PSI triggers.

scholarly journals METHODOLOGY OF REGIONAL INTEGRATION

2018 ◽  
Vol 63 (3) ◽  
pp. 366-376
Author(s):  
T. N. Mikhaliova
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Traditional Method ◽  
Legal Regulation ◽  
Eu Law ◽  
Integration Process ◽  
Regional Organizations ◽  
Integration Methods ◽  
Law Making ◽  
The Eu

Traditional method of international law is consensual one. Regional integration needs special methodology. The article reveals peculiarities of different methods of regional integration (intergovernmental, Community method, method of open coordination). The examples of application of integration methods in practice of different regional organizations are given. The EU law-making process is characterized with regards to choice of the method of legal regulation. The integration process demands wider application of community methods of legal regulation. However, some mechanisms for balancing the interests of diverse actors of integration are necessary, including through interaction and codependence of the latter in supranational methodology of regional integration. 

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