One Instrument in Search of an Author: Revisiting the Authorship and Legal Nature of the EU-Turkey Statement

2022 ◽  
pp. 237-258
Author(s):  
Eva Kassoti ◽  
Alina Carrozzini
Keyword(s):  
Legal Nature ◽  
The Eu

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

7. EU law: is it international law?

2020 ◽  
pp. 191-211
Author(s):  
Bruno de Witte
Keyword(s):  
International Law ◽  
Alternative View ◽  
Eu Law ◽  
Legal Nature ◽  
The Eu

This chapter examines the legal nature of EU law, i.e. its place within the realm of international law. It first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.

A European Constitutional Treaty: The Blueprint for the European Union

2001 ◽  
Vol 2 (14) ◽  
Author(s):  
Udo Di Fabio
Keyword(s):  
Federal Government ◽  
Institutional Reform ◽  
Fundamental Rights ◽  
Federal State ◽  
The European Union ◽  
Constitutional Treaty ◽  
European Constitution ◽  
Legal Nature ◽  
Charter Of Fundamental Rights ◽  
The Eu

The debate over a European constitution is fully underway. (1) The issue will play an important role at the 2004 intergovernmental conference, especially if negotiations over a new model for the division of competencies between the Union and its constituent Member States is taken up at the Conference. The various points of inquiry — a Charter of Fundamental Rights, institutional reform, the division of competencies, financing, eastward expansion, finality — belong together and they beg for a solution that is fully conceptualized. With this in mind, the German Federal Government is justified in making sweeping, well thought out proposals. At the same time, the French government is equally correct to promote practical solutions while expressing a healthy suspicion of the formation of a federal state of Europe, which is the holiest of all possibilities for the Germans. Against this background, let me begin by saying a few things with respect to the legal nature of a possible constitution for the EU, before I move on to a presentation of more practical conclusions. II.

scholarly journals Joined Cases C-643/15 and C-647/15 Slovak Republic and Hungary v Council of the European Union

2020 ◽  
Vol 8 (2) ◽  
pp. 141-154
Author(s):  
Anna Doliwa-Klepacka
Keyword(s):  
Slovak Republic ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Council Decision ◽  
Legal Nature ◽  
Management Measure ◽  
The Common ◽  
First Time ◽  
The Eu

In the commented judgment the Court of Justice has, for the first time, made an analysis of the legal nature of Article 78(3) TFEU including in particular the understanding of the concepts contained in that provision and the conditions for its application. This provision allows the Council to adopt the non-legislative acts in case of a sudden influx of migrants from third countries into the territory of the Member States. The Court also characterized the temporary relocation mechanism as a part of the common asylum system of the EU and a crisis management measure and examined the provisions of Council Decision 2015/1601, obligating the Member States to relocate 120000 persons staying in Italy and Greece – in the light of the notions used in Article 78(3) TFEU.

scholarly journals Recent Evolution of Intellectual Property Enforcement in Georgia

2020 ◽  
Vol 10 (2) ◽  
pp. 42-56
Author(s):  
Tamar Taliashvili ◽  
Irakli Shamatava
Keyword(s):  
Intellectual Property ◽  
The Novel ◽  
New Wave ◽  
Association Agreement ◽  
Legal Nature ◽  
Harmonization Process ◽  
Enforcement Mechanisms ◽  
Exclusive Right ◽  
The Impact ◽  
The Eu

Abstract The article elaborates on the topic of the new wave of evolution of the protection of intellectual property in Georgia inspired by signing the Eu–Georgia Association Agreement, (AA—the Association Agreement between Georgia and the Eu and the nuclear Energy Association of Europe and its Member States). The harmonization process is an impressive field of law on its own. The article deals only with particular issues, such as the role and critical characteristics of the harmonization of intellectual property protection and enforcement mechanisms in Georgia. In this context, the article examines the legal nature of the amendments to the Civil procedure Code of Georgia (GCpC), in particular, a new chapter of enforcement regulations, that has been introduced to the GCPC—‘Specificities in proceedings of the infringement of exclusive right of intellectual property’. The article is predicated upon the allegation that the new legal introductions are merely of a formal character, while the enforcement mechanisms and remedies, as a significant part of Georgian civil legislation, had already been in place and Georgia had ratified major international intellectual property agreements. The article deals with the legal problem of the application of the intellectual property enforcement amendments by the judiciary and measures the practical impact. The hypothesis of the analysis is to consider whether further developments are necessary to contribute to a consistent approach to the adjudication of intellectual property enforcement disputes in Georgian courts and to promote the efficient implementation of the novel intellectual property enforcement mechanisms into the Georgian legal system. The analysis of the characteristics of the impact of harmonization on intellectual property as of intangible rights proves to have wide-ranging benefits for the holders of intellectual property in Georgia or elsewhere in Europe.

Enforcing WTO Law

2017 ◽  
Author(s):  
Antonello Tancredi
Keyword(s):  
Dispute Settlement ◽  
Legal Framework ◽  
Dispute Settlement Mechanism ◽  
Settlement System ◽  
Wto Dispute Settlement ◽  
Legal Nature ◽  
Dispute Settlement System ◽  
Settlement Mechanism ◽  
Wto Agreements ◽  
The Eu

This chapter provides a brief analysis of the enforcement tools foreseen in the WTO dispute settlement mechanism. It focuses in particular on some of the peculiarities which differentiate them from the EU legal system. As the analysis shows, the relevance of reciprocity and post-litigation negotiations between States influences the legal nature of the WTO dispute settlement system, which today remains to a large extent a mixed or hybrid system. This contrasts one of the mantras diffused in the legal scholarship immediately after the entry into force of the Uruguay Round Agreements. It also represents a vehicle for the potential fragmentation of the multilateral legal framework governing international trade, which contributes to undermining the idea of uniformity of the obligations arising under the WTO Agreements for all Members.

scholarly journals Economic and legal aspects of transportation of cargo in Ukraine in the conditions of Euro integration

2019 ◽  
Vol 67 ◽  
pp. 03001
Author(s):  
Nadiia Bocharova ◽  
Victor Popov ◽  
Evheniia Tupytska
Keyword(s):  
Economic Efficiency ◽  
Legal Aspects ◽  
Economic Relations ◽  
Cargo Handling ◽  
European Experience ◽  
Legal Nature ◽  
The Impact ◽  
Statistical Indicators ◽  
Economic Expediency ◽  
The Eu

The article is devoted to the study of legal and economic relations that arise in the field of cargo transportation, in particular, their transshipment and legal grounds for its implementation. The article analyzes the legal nature of cargo handling in both the technological process and civil law services. It is determined that transshipment is a separate technological operation in the course of transportation and has its own basis for implementation, which serves as an agreement and therefore confirms and ensures the existence of a legal relationship between individual actors in economic turnover. The authors list the criteria for the economic efficiency of cargo handling, including delivery of cargo to the area where there are no certain types of transport; economic expediency of certain types of transport; and speeding up the delivery process. The European experience in using the cargo handling operation, the basis of the activity of logistic cents and the purpose of their functioning are analyzed. The statistical indicators of economic efficiency in the EU member countries are determined. The authors draw conclusions on the impact of European integration processes on the Ukrainian economy, in particular on the development of the logistics sector.

9 Merger Control

2012 ◽  
Author(s):  
Geradin Damien ◽  
Layne-Farrar Anne ◽  
Petit Nicolas
Keyword(s):  
Merger Control ◽  
Eu Merger Control ◽  
Merger Regulation ◽  
Control Regulation ◽  
Legal Nature ◽  
Ex Ante ◽  
National Competition ◽  
Control Regime ◽  
The Eu

This concluding chapter discusses the EU merger control regime. Merger-specific law is relatively new to the EU body of law. It was not until 1974 that specific merger regulation was even proposed, and not until over a decade after that that any merger regulation was actually adopted. Regulation 4064/89 (the ‘European Merger Control Regulation’ or ‘EMCR’) sets out an ex ante notification procedure for concentration with an EU dimension. Two reasons seem to have driven the adoption of a merger control regime by the EU. The first is economic. The second reason is of a legal nature. Between 1989 and 2010, more than 4,500 operations were notified to the Commission. This number does not comprise the very many mergers notified to the national competition authorities (NCAs).

Are the Bailouts Immune to EU Social Challenge Because They Are Not EU Law?

2014 ◽  
Vol 10 (3) ◽  
pp. 393-421 ◽  
Author(s):  
Claire Kilpatrick
Keyword(s):  
Eu Law ◽  
Social Constitution ◽  
Legal Obligations ◽  
Social Challenge ◽  
Legal Nature ◽  
The Eu

European Union's ‘social constitution’ and bailout measures – Are the bailout measures EU law? – Do the bailout measures create legal obligations? – Legal nature of Memoranda of Understanding – Avenues for challenge – Call for recognition of the EU law nature of bailouts and the costs of such non-recognition

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