The impact of EU law in the ADR landscape in Italy, Spain and the UK: time for change or missed opportunity?

ERA Forum ◽  
2015 ◽  
Vol 16 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Pablo Cortes
Keyword(s):  
Eu Law ◽  
The Uk ◽  
The Impact ◽  
Missed Opportunity

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada
Keyword(s):  
Waste Water Treatment ◽  
National Level ◽  
State Level ◽  
Detailed Examination ◽  
Deterrent Effect ◽  
Eu Law ◽  
Wide Range ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

6. The relationship between EU and national law

2020 ◽  
pp. 154-178
Author(s):  
Sylvia de Mars
Keyword(s):  
National Court ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
Domestic Courts ◽  
The Uk ◽  
The Impact ◽  
The Relationship

This chapter focuses on the relationship between EU law and national law. It first explores the jurisprudence on what is known as the doctrine of supremacy of EU law of the Court of Justice of the European Union (CJEU). When a national court observes that a national law clashes with an EU law, they must set aside that national law. The EU legal order would not work without a doctrine like supremacy: not only would domestic courts not be compelled to apply EU law instead of conflicting national law, but it is likely that different domestic courts would take different decisions as to whether to apply EU law over national law in a given scenario. The chapter then considers how supremacy has been received in Germany and the UK, looking at how the German and UK legal orders interact with EU law. It then addresses whether ‘parliamentary sovereignty’ is compatible with EU membership, and examines the impact of Brexit on the supremacy of EU law.

4. EU legislative powers

2020 ◽  
pp. 88-122
Author(s):  
Sylvia de Mars
Keyword(s):  
Transition Period ◽  
International Agreements ◽  
Soft Law ◽  
Eu Law ◽  
Principle Of Proportionality ◽  
The Uk ◽  
The Impact ◽  
Legislative Processes ◽  
Domestic Law ◽  
The Eu

This chapter examines the sources of EU law. As with domestic law, there are two overarching categories of EU law: primary law and secondary law. EU primary law includes the EU Treaties and the general principles of EU law. Meanwhile, EU secondary law includes regulations, directives, decisions, international agreements, and ‘soft law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU law, assessing what will happen to EU law in the UK during the Withdrawal Agreement's transition period.

EU Law Directions

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Case Law ◽  
Subject Area ◽  
Free Movement ◽  
Eu Law ◽  
Academic Quality ◽  
Experience Teaching ◽  
Free Movement Of Persons ◽  
The Uk ◽  
Substantive Law ◽  
The Impact

EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective, as well as taking into account the fast-moving events in the UK generated by the result of the Brexit referendum. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the impact of the Lisbon Treaty, including changes to Article 263 TFEU; consideration of the latest case law, in particular the growing post-Keck cases in the free movement of goods; and new and expanded case summaries. This edition also includes an introductory chapter on competition policy and law.

Anti-Money Laundering

2020 ◽  
Author(s):  
Hugo D. Lodge
Keyword(s):  
Money Laundering ◽  
Eu Law ◽  
The Core ◽  
The Uk ◽  
The Impact

Anti-money Laundering Powers in the UK Post-Brexit 13.01 Overview of the Amendments Made by the 2018 Act 13.01 Pre-Brexit AML Regime under EU Law 13.05 The Impact of the 2018 Act on AML in the UK 13.12 The Core AML Power:...

3. Sovereignty and sources of law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

Post-Brexit devolution will divide London and Scotland

2017 ◽  
Keyword(s):  
At Risk ◽  
Foreign Policy ◽  
Eu Law ◽  
Content Type ◽  
Doing Business ◽  
The Uk ◽  
The Impact

Significance They will discuss the UK government’s proposed EU Withdrawal Bill designed to repatriate EU law, which Jones called “a blatant power grab” by London. Impacts Repatriation of EU powers means either Scotland and Wales gain influence over foreign policy or London gains power over devolved matters. Uncertainty for parties doing business with Scotland, especially in areas such as agriculture and fisheries, will increase. As the impact of Brexit becomes clearer, recent Conservative gains in Scotland will be at risk.

scholarly journals Continuity, Convergence and Change in Environmental Law and Governance in Scotland – an Assessment of Recent Developments and Future Directions

2021 ◽  
Vol 25 (3) ◽  
pp. 315-341
Author(s):  
James Harrison
Keyword(s):  
United Kingdom ◽  
Environmental Governance ◽  
Environmental Law ◽  
Eu Law ◽  
The European Union ◽  
Environmental Standards ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Impact

There was a concern following the 2016 Brexit referendum that environmental standards in the United Kingdom (UK) may be lowered unless action was taken to address gaps in environmental governance that would be caused by leaving the European Union (EU). Debates over the nature of those gaps and how to fill them have continued over the years since the referendum and it is only recently that the emerging picture of post-Brexit environmental governance in Scotland has been revealed, allowing a preliminary study of the future for environmental standards in the jurisdiction. This article aims to provide an overview and analysis of recent legal developments which are likely to influence the future of environmental law in Scotland, including the UK-EU Trade and Cooperation Agreement, the United Kingdom Internal Market Act, the incorporation of environmental principles into Scots law, new powers to align Scottish environmental standards with EU law, and the new institutional framework to oversee compliance with environmental law in Scotland. The article considers the impact that these new arrangements will have on the development of Scottish environmental law and in particular the implications for Scottish institutions in deciding whether to promote ongoing continuity with EU law, promote convergence with other parts of the UK, or strike out on their own path of environmental law reform.

7. Connecting EU law to domestic law: the preliminary reference procedure

2020 ◽  
pp. 179-204
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Domestic Court ◽  
Reference Process ◽  
The Uk ◽  
The Impact ◽  
Domestic Law ◽  
Law Making ◽  
Distinct Role

This chapter assesses how conflicts between national law and EU law actually reach the Court of Justice of the European Union (CJEU). The Treaties have created a distinct role for the CJEU: it can decide cases where the validity of an EU law is not necessarily at issue, but rather its meaning is not entirely clear to a body that is meant to apply it. That process is set out in Article 267 TFEU (Treaty on the Functioning of the European Union), and involves two separate but related steps. First, a domestic court has to refer (or ask) a question of the CJEU about the meaning of EU law at stake in a dispute it is hearing. Second, the CJEU offers an interpretation of EU law to the domestic court, enabling the domestic court to decide the dispute before it. The chapter then looks at the attitude of the UK courts towards the preliminary reference process, and considers judicial law-making. It also discusses the impact of Brexit on the preliminary reference process.

3. Sovereignty and sources of law

2019 ◽  
pp. 87-121
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

Sign in / Sign up

Export Citation Format

Share Document