The Role of Coordinated Member State Law in a European Energy Union

2018 ◽  
pp. 199-229
Keyword(s):  
Member State ◽  
State Law ◽  
Energy Union

Suing Media for Libel: A Litigation Study

1981 ◽  
Vol 6 (3) ◽  
pp. 797-831 ◽  
Author(s):  
Marc A. Franklin
Keyword(s):  
State Law ◽  
Federal Law ◽  
Federal Constitutional ◽  
Constitutional Protections ◽  
Recent Attention

This article summarizes the results of a study of 291 reported cases brought against media for libel during a four-year period. The results confirmed the finding in an earlier study that only 5 percent of plaintiffs emerged from the appellate process with judgments compared with more than 60 percent of defendants. Most of the defense successes occurred without trial. In cases that did reach trial, plaintiffs were successful far more often before juries than before judges but lost more than half these judgments on appeal. Cases were analyzed in terms of the identity of the parties, the content of the charges, and the role of state and federal law in shaping the outcome. Despite the recent attention to federal constitutional protections, it is clear that media defendants still do, and must, rely heavily on state law defenses. Finally, the Hutchinson and Wolston rulings of 1979 produced little change in appellate decisions.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 63 Paraguay: Paraguayan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Rodríguez José Antonio Moreno
Keyword(s):  
Latin America ◽  
Member State ◽  
International Law ◽  
International Institute ◽  
Private International Law ◽  
State Law ◽  
Conflict Of Laws ◽  
Commercial Code ◽  
The World ◽  
The Hague

This chapter highlights Paraguayan perspectives on the Hague Principles. Paraguay does not have a law dealing comprehensively and organically with Private International Law. The Civil and Commercial Code of 1987 contains the basic regulation on conflict of laws, and other provisions on the field can be found scattered in several special laws dealing with specific matters. Paraguay adhered, as a Member State, to the Hague Conference on Private International Law via Law 2555 of 2005. It is the first country in the world to legislate on international contracts heavily influenced by the Hague Principles. The Paraguayan law on international contracts drawn upon the Hague Principles openly allows the application of non-State law, and the International Institute for the Unification of Private Law (UNIDROIT) Principles clearly qualify as such.

A Permanent Constitutional Assembly

2020 ◽  
pp. 197-214
Author(s):  
Markus Patberg
Keyword(s):  
European Union ◽  
Member State ◽  
Dual Role ◽  
The Other ◽  
The European Union ◽  
Constituent Power ◽  
Institutional Solution ◽  
The Eu

This chapter presents an institutional proposal for how citizens could be enabled—in the dual role of European and national citizens—to exercise constituent power in the EU. To explain in abstract terms what an institutional solution would have to involve, it draws on the notion of a sluice system, according to which the particular value of representative bodies consists in their capacity to provide both transmission and filter functions for democratic processes. On this basis, the chapter critically discusses the proposal that the Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC) should transform itself into an inter-parliamentary constitutional assembly. As this model allows constituted powers to continue to operate as the EU’s de facto constituent powers, it cannot be expected to deliver the functions of a sluice system. The chapter goes on to argue that a more convincing solution would be to turn the Convention of Article 48 of the Treaty on European Union into a permanent constitutional assembly composed of two chambers, one elected by EU citizens and the other by member state citizens. The chapter outlines the desirable features of such an assembly and defends the model against a number of possible objections.

From a Protectorate to a Member State of the European Union

2022 ◽  
pp. 278-296
Author(s):  
Liliana Reis
Keyword(s):  
European Union ◽  
Member State ◽  
European Commission ◽  
Action Plan ◽  
The European Union ◽  
Western Balkans ◽  
Independent State ◽  
The Rule Of Law ◽  
Academic Debate

The European Union was present in Kosovo even before the declaration of its independence. However, it was after 2008 and at the request of the Kosovar authorities to EU that Kosovo inaugurated a period of close ties with the organization, through the rule of law mission it launched for the country and through various programs of the European Commission, including the European Partnership Action Plan (EPAP) for Kosovo, Mechanism of the Stabilization and Association Process, and the Instrument of Pre-Accession (IPA). This chapter seeks to examine the evolution of European presence on Kosovo by analysing EULEX mission and other European instruments and the achievements by newly former states in achieving the Copenhagen criteria, contributing to the academic debate on the role of European Union aid in the new Western Balkans states for their emancipation and possible access to the organization. It also evaluates the mutualisation of responsibilities and maintenance of the European status quo in Kosovo, fostering a protectorate in an independent state.

scholarly journals European strategic autonomy: Energy at the heart of European security?

European View ◽  
2020 ◽  
Vol 19 (2) ◽  
pp. 238-244
Author(s):  
Eloïse Ryon
Keyword(s):  
Economic Consequences ◽  
European Security ◽  
Political Concept ◽  
Energy Union ◽  
Practical Development ◽  
Nord Stream ◽  
Strategic Autonomy ◽  
Radical Transformation ◽  
The Eu

Since Brexit and the COVID-19 pandemic, there has been a radical transformation of the meaning, use and role of the concept of strategic autonomy within the European project. Whereas its application was originally restricted to defence matters, it is now explicitly mentioned in other sectors, including pharmaceuticals. The COVID-19 pandemic and its political, social and economic consequences have considerably boosted the trend to broaden the concept’s sphere of application. Strategic autonomy has found new life as a key political concept that will help shape the future of the EU. But does the concept really apply to all sectors? To what extent is European strategic autonomy behind the development of the Energy Union? The article attempts to provide an answer to these questions through an analysis of the theoretical and practical development of the concept, focusing particularly on the debate around Nord Stream 2.

scholarly journals An Agreement to Disagree: The ASEAN Human Rights Declaration and the Absence of Regional Identity in Southeast Asia

2014 ◽  
Vol 33 (3) ◽  
pp. 107-129 ◽  
Author(s):  
Mathew Davies
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Member State ◽  
Regional Identity ◽  
Member States ◽  
The Future ◽  
The Creation ◽  
Institutional Origins

ASEAN's engagement with human rights culminated in the creation of the ASEAN Human Rights Declaration in 2012. The Declaration is fascinating in three ways: Its institutional origins are surprising, it was agreed upon by states with very different positions on the role of human rights domestically, and it both contains commitments far in advance of some members and is at the same time dangerously regressive. The three leading frameworks that currently interrogate the Declaration fail to provide convincing insights into all three of those dimensions. To correct these shortcomings, this article applies the notion of an “incompletely theorized agreement” to the study of the Declaration, arguing that member states understand the Declaration in very different ways and agreed to it for similarly diverse reasons. Further, I argue that the Declaration neither articulates a shared regional identity relating to respect for human rights, nor can it be understood as marking an early point towards the creation of this identity. Instead, the current diversity of regional opinions on human rights and democracy is perceived as legitimate and will endure. The article concludes by considering whether this denudes the Declaration of value, arguing that its importance will vary: The more progressive the member state, the more important the Declaration will be in the future.

A Fourth in the Court: Why Are There Advocates General in the Court of Justice?

2012 ◽  
Vol 14 ◽  
pp. 529-561 ◽  
Author(s):  
Michal Bobek
Keyword(s):  
European Union ◽  
Member State ◽  
Negative Answer ◽  
Vantage Point ◽  
The European Union ◽  
European Level ◽  
Court Of Justice ◽  
Why Questions ◽  
Internal Justification

AbstractWhy are there Advocates General in the Court of Justice of the European Union? A standard answer to this question is likely to be either a simple textual reference (because the Treaty provides for them); or an appeal to authority (because the original framers of the Treaties put them there, inspired by the French legal system); or a rather pragmatic appeal to their on-going utility (because they assist the Court and they do a great job); or any combination of these three. All of these explanations are valid. This contribution, however, attempts to go a little deeper in discerning what may be the ideological justification for Advocates General in the Court of Justice. It does so by carrying out a historical and comparative study concerning their origins and systemic justification from the vantage point of a national lawyer coming from a Member State that does not know any type of a ‘fourth in the court’.The first part of the contribution explains which factors have considerably eroded the position of Advocates General in the course of the last decade and why questions concerning their role and its justification became topical. Second, the commonly invoked reference to the French inspiration for introducing Advocates General is critically examined. It is suggested that justifications once provided with respect to the office of commissaire du gouvernement in the Conseil d’État can hardly be used on the European level with respect to Advocates General. Third, possibilities of internal justification of the role of Advocates General are examined: are Advocates General providing any unique assistance to the Court of Justice, which could not be provided for in different ways? With a negative answer to the latter question, the last part of the argument offers a simple yet solid overreaching justification as to why there should be Advocates General in the Court of Justice.

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