Billy A. Melo Araujo, The EU Deep Trade Agenda: Law and Policy

2017 ◽  
pp. 641-645
Author(s):  
Wolfgang Weiß
Keyword(s):  
Law And Policy ◽  
The Eu

Title XX Environment

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Policy Making ◽  
Environmental Law ◽  
Case Law ◽  
Legal Basis ◽  
Common Concern ◽  
Law And Policy ◽  
Dense Set ◽  
The Eu

The environment does not respect man-made borders, and is of common concern and interest of all mankind. As such, it is an area that merits and requires cross-border law and policy making par excellence. This should be reflected in the strong role played by the EU, which has a firm Treaty mandate and duty to protect the environment, features a rich body of case law, and boasts a dense set of secondary legislation. The very good reasons for this notwithstanding, it remains a remarkable development considering the absence of any reference to the environment in the original Treaties. Although a programme for action in this area was soon adopted in 1973, only in the 1986 SEA was an environmental legal basis introduced. Much of the initial environmental acquis was therefore developed by the Commission, the Council, and later the EP on the basis of other Treaty provisions, such as (now) Articles 114, 115, and 352 TFEU. EU environmental protection also owes a debt to the ECJ, which included it in the legitimate objectives on the basis of which MS could derogate from the free movement provisions. The Court has interpreted the provisions of EU environmental law generally in a protective manner, and endorsed the use of criminal law for the effective enforcement of EU environmental legislation.

Institutional Build-up of EU Health Actors

2019 ◽  
pp. 92-120
Author(s):  
Anniek de Ruijter
Keyword(s):  
Health Policy ◽  
Policy Making ◽  
Fundamental Rights ◽  
Law And Policy ◽  
Institutional Involvement ◽  
Institutional Expansion ◽  
Regulatory Powers ◽  
Institutional Actors ◽  
Health Policymaking ◽  
The Eu

The growth of substantive EU public health and individual health policy and law is matched by a historic build-up of EU institutional actors. The institutional expansion has increased the EU’s capacity for law- and policy-making in the field of health and as such the possibility for the growth of EU power in this area. This chapter traces the evolution and growing presence of EU institutional actors in human health. It outlines the relevance of the growing institutional capacity for creating EU health law and policy. Subsequently a sketch is drawn of the emergence of EU institutional involvement in health policy—while taking into consideration that it may not be possible to create an exhaustive overview of all health actors involved at the EU level. This outline illustrates the growth of a variety of institutional actors and the expanding number of ways these engage in health policymaking. Moreover, the chapter demonstrates various ways in which EU institutional involvement in health is continuously expanding and changing. It illustrates that there is ample opportunity for formal actors with legislative or regulatory powers to be involved in informal processes of coordinating policy in the shadow of hierarchy. The growing institutional presence of the EU in health policy over time, and the possible shift in power to the EU this can entail, again confronts us with the pressing issue of its impact on fundamental rights and values in health.

The Silent Revolution in EU Health Law and Policy

2019 ◽  
pp. 1-15
Author(s):  
Anniek de Ruijter
Keyword(s):  
Health Policy ◽  
Human Health ◽  
Fundamental Rights ◽  
Reciprocal Relationship ◽  
Health Law ◽  
Law And Policy ◽  
Bioethical Issues ◽  
Silent Revolution ◽  
Health Laws ◽  
The Eu

The first chapter outlines that most national health laws assume a special connection between health law and policy and fundamental rights and values. The denial or approval of authorization of a specific controversial medication, or the payment for health care in a Member State other than the home state of insurance—and many of the other questions and issues that are addressed in the EU with regard to human health—illustrate that the involvement of the EU in human health can also involve controversial questions, where fundamental rights, bioethical issues, regulatory problems, and redistributive choices may intertwine. This calls into question the power the EU has in this regard, particularly if we take into consideration that human health law and policy are often seen in light of a special reciprocal relationship with fundamental rights and values. Infringements of fundamental rights can harm human health, for instance in cases of torture, or discrimination against people with a particular disease such as HIV/AIDS or mental disorders. At the same time health policy can affect fundamental rights, such as when obligatory vaccination programmes or quarantines are ordered. Hence fundamental rights and values form a benchmark for analysing the legitimacy of health policy. The specific values and rights that are internal to health law set the agenda for this book.

6. The European Union and the environment

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Standards ◽  
Eu Law ◽  
The European Union ◽  
Law And Policy ◽  
The Impact ◽  
Different Sources ◽  
The Eu

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.

2. Copyright 1: history, rationale, and policy context

2019 ◽  
pp. 31-50
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Nineteenth Century ◽  
Historical Development ◽  
New Technologies ◽  
Rapid Development ◽  
Copyright Law ◽  
Policy Context ◽  
Law And Policy ◽  
Legal Frameworks ◽  
The Uk ◽  
The Eu

This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been increasingly set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to such challenges.

18. Climate Change Law

2019 ◽  
pp. 599-639
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Climate Change ◽  
Greenhouse Gas ◽  
Greenhouse Gas Mitigation ◽  
Eu Member States ◽  
Mitigation And Adaptation ◽  
Law And Policy ◽  
Trading Scheme ◽  
The Uk ◽  
The Eu

This chapter examines the fast-moving area of law relating to climate change. This includes a considerable body of public international law, from the UN Framework Convention on Climate Change to the legally innovative Paris Agreement 2015. The chapter also considers legal developments at the EU and UK levels, which both contain a rich body of climate law and policy. The EU and the UK are both seen as ‘world leaders’ in climate law and policy. In EU law, this is due to the EU greenhouse gas emissions trading scheme and the EU’s leadership in advocating ambitious greenhouse gas mitigation targets and in implementing these targets flexibly across the EU Member States through a range of regulatory mechanisms. The UK introduced path-breaking climate legislation in the Climate Change Act 2008, which provided an inspiring model of climate governance, legally entrenching long-term planning for both mitigation and adaptation. The chapter concludes with an exploration of climate litigation, a new and growing field of inquiry.

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