scholarly journals The legal framework for delegated and implementing powers ten years after the entry into force of the Lisbon Treaty

ERA Forum ◽  
2021 ◽  
Author(s):  
Merijn Chamon
Keyword(s):  
Legal Framework ◽  
Essential Elements ◽  
Lisbon Treaty ◽  
Institutional Practice ◽  
Open Questions ◽  
The Eu

AbstractThis Article gives an overview of the legal framework governing the exercise of the delegated and implementing powers foreseen in Articles 290 and 291 TFEU in light of the most recent jurisprudence of the EU Courts in this field. It clarifies what essential elements are under Article 290 TFEU, how the Courts test this requirement and how it relates to the requirement under Article 290 TFEU that a delegation must also be specific. The article subsequently discusses and compares the control regimes in place under Articles 290 and 291 TFEU, noting that in post-Lisbon institutional practice they have evolved towards each other. Linked to this is the question how delegated and implementing powers differ. In light of the Court’s jurisprudence the article concludes that it is up to the legislature to make this distinction and that the legislature can also create executive powers outside the framework of Articles 290 and 291 TFEU and grant them to EU agencies. The article concludes by flagging some open questions which the Court has not resolved yet.

scholarly journals Recognising Effective Legal Protection to People Smuggled at Sea, by Reviewing the EU Legal Framework on Human Trafficking and Solidarity between Member States

2015 ◽  
Vol 3 (1) ◽  
pp. 76-87 ◽  
Author(s):  
Matilde Ventrella
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Legal Protection ◽  
Legal Framework ◽  
Lisbon Treaty ◽  
Member States ◽  
Final Destination ◽  
Death Toll ◽  
Willingness To Cooperate ◽  
The Eu

The death toll of migrants at sea is on the increase. The EU and its Member States are not addressing the situation by widening the EU legal framework on human trafficking to persons smuggled at sea. People smuggled at sea are extremely vulnerable at the hands of their smugglers and suffer serious abuse of their human rights from their journeys through the desert, on the boats and when they reach their final destination. They become victims of human trafficking and they should not be neglected anymore by the EU and its Member States. However, all EU proposals lack of concreteness as Member States do not want to support and host migrants at sea on their territories. They are reluctant to launch solidarity between each other as requested by the Lisbon Treaty and by doing this, they are indirectly responsible for the death of many migrants at sea and for the abuse of their human rights. This article proposes alternatives to explore that could change the situation if Member States show their willingness to cooperate with each other.

Authoritarian Liberalism Writ Large: the Spectre of a ‘German Europe’

2021 ◽  
pp. 211-229
Author(s):  
Michael A. Wilkinson
Keyword(s):  
Legal Framework ◽  
Maastricht Treaty ◽  
Financial Assistance ◽  
Lisbon Treaty ◽  
Euro Crisis ◽  
State Relations ◽  
The Eu ◽  
Inter State ◽  
Formal Constraints

<Online Only>This chapter explores how inter-state relations after Lisbon represented a fudge; the Lisbon Treaty maintaining much of the substance of the failed constitutional project, but without the constitutional symbolism. It traces how, through the euro crisis, this fudge became unsustainable: the issue of sovereignty could no longer be held in suspension, increasingly exercised outside the EU legal framework, as new informal formations took centre stage, notably the ‘Troika’ and the Eurogroup, which exercised both de facto power and de jure authority. They did so in such a way as to avoid the formal constraints of the Maastricht Treaty, but maintain its ordoliberal spirit. The chapter goes on to consider how sovereignty, in practice, was increasingly drained of any content, its loss appearing as the quid pro quo for accepting financial assistance. The chapter concludes by examining how all of this put the issue of German hegemony back on the agenda, suggesting a regional authoritarian liberalism writ large, more coercive and less consensual than in the foundational era, but ultimately underpinned by an ideological Europeanism.</Online Only>

scholarly journals Wpływ traktatu lizbońskiego na europejskie partie polityczne

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 93-105
Author(s):  
Beata Kosowska‑Gąstoł
Keyword(s):  
Decision Making ◽  
European Commission ◽  
Legal Framework ◽  
Lisbon Treaty ◽  
Decision Making Process ◽  
Direct Influence ◽  
The Third ◽  
Indirect Impact ◽  
Specific Interpretation ◽  
The Eu

Impact of the Lisbon Treaty on European Political PartiesThe subject of the article is to analyze the relevant provisions of the Lisbon Treaty in order to show the changes they have introduced for Europarties. The main thesis of the article is that even if the direct influence of the said Treaty on Europarties was negligible, its indirect impact could be significantly greater. The article has been divided into three parts. The first recalled the genesis of the Europarties and outlined the legal framework for their activities until the entry into force of the Treaty of Lisbon. In the second one – the provisions of the Treaty directly devoted to the Europarties were analyzed. The third part depicted the areas in which – by adopting a specific interpretation of the Treaty provisions – the Europarties may try to exert an indirect influence on the EU decision‑making process, especially a new way of selecting the President of the European Commission.

Thematic Priorities For Sustainable Development of Ukraine-Romania Cross-Border Cooperation (The Case Study of Chernivtsi Region)

2020 ◽  
pp. 205-219
Author(s):  
Valentyna Bohatyrets ◽  
Liubov Melnychuk ◽  
Yaroslav Zoriy
Keyword(s):  
Foreign Policy ◽  
Quantitative Research ◽  
Legal Framework ◽  
Cultural Development ◽  
Cross Border ◽  
Strategic Orientations ◽  
The Impact ◽  
Further Development ◽  
Cross Border Cooperation ◽  
The Eu

This paper seeks to investigate sustainable cross-border cooperation (CBC) as a distinctive model of interstate collaboration, embedded in the neighboring borderland regions of two or more countries. The focus of the research revolves around the establishment and further development of geostrategic, economic, cultural and scientific capacity of the Ukrainian-Romanian partnership as a fundamental construct in ensuring and strengthening the stability, security and cooperation in Europe. This research highlights Ukraine’s aspirations to establish, develop and diversify bilateral good-neighborly relations with Romania both regionally and internationally. The main objective is to elucidate Ukraine-Romania cross-border cooperation initiatives, inasmuch Ukraine-Romania CBC has been stirring up considerable interest in terms of its inexhaustible historical, cultural and spiritual ties. Furthermore, the similarity of the neighboring states’ strategic orientations grounds the basis for development and enhancement of Ukraine-Romania cooperation. The authors used desk research and quantitative research to conclude that Ukraine-Romania CBC has the impact not only on the EU and on Ukraine multi-vector foreign policy, but it also has the longer-term global consequences. In the light of the current reality, the idea of introducing and reinforcing the importance of Cross-Border Cooperation (CBC) sounds quite topical and relevant. This research considers a number of explanations for Ukraine-Romania Cross-Border Cooperation as a key element of the EU policy towards its neighbors. Besides, the subject of the research is considered from different perspectives in order to show the diversity and complexity of the Ukraine-Romania relations in view of the fact that sharing common borders we are presumed to find common solutions. As the research has demonstrated, the Ukraine-Romania cross border cooperation is a pivotal factor of boosting geostrategic, economic, political and cultural development for each participant country, largely depending on the neighboring countries’ cohesion and convergence. Significantly, there is an even stronger emphasis on the fact that while sharing the same borders, the countries share common interests and aspirations for economic thriving, cultural exchange, diplomatic ties and security, guaranteed by a legal framework. The findings of this study have a number of important implications for further development and enhancement of Ukraine-Romania cooperation. Accordingly, the research shows how imperative are the benefits of Romania as a strategic partner for outlining top priorities of Ukraine’s foreign policy.

The European Union and Diplomatic Law

2017 ◽  
Author(s):  
Graham Butler
Keyword(s):  
European Union ◽  
External Action ◽  
Legal Framework ◽  
Second World War ◽  
First Century ◽  
The European Union ◽  
Nation States ◽  
Supranational Institutions ◽  
Second World ◽  
The Eu

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.

Cross-border Distribution of Collective Investment Products in the EU

2018 ◽  
Author(s):  
Matteo Gargantini ◽  
Carmine Di Noia ◽  
Georgios Dimitropoulos
Keyword(s):  
Home Country ◽  
Legal Framework ◽  
Business Rules ◽  
Investment Funds ◽  
Legal Rules ◽  
Section 8 ◽  
Cross Border ◽  
Product Regulation ◽  
Supervisory Practices ◽  
The Eu

This chapter analyzes the current regulatory framework for cross-border distribution of investment funds and submits some proposals to improve it. The chapter is organized as follows. Section 2 provides a schematic description of the legal taxonomy for collective investment schemes. Section 3 addresses the EU disclosure regimes that apply to the distribution of various types of investment funds. Sections 4 and 5 consider conduct-of-business rules and, respectively, the legal framework for the allocation of supervisory powers on product regulation when fund units are distributed in more than one country. Section 6 provides some data that help assess the performance of the current framework for cross-border distribution. It then analyzes some of the residual legal rules and supervisory practices that still make cross-border distributions of funds more burdensome than purely national distributions, whether these restrictions are set forth in the country where investors are domiciled (Section 7) or in the fund's home country (Section 8).

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