The EU Commission and (non-)compliance in the member states

2005 ◽  
pp. 201-228
Keyword(s):  
Member States ◽  
Eu Commission ◽  
The Eu

scholarly journals Fundamental Rights as the Cornerstone of Schengen

2021 ◽  
Vol 23 (4) ◽  
pp. 508-534
Author(s):  
Tineke Strik
Keyword(s):  
National Level ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Current Response ◽  
Member States ◽  
Full Compliance ◽  
Enforcement Mechanisms ◽  
Eu Commission ◽  
The Eu

Abstract Although the Schengen Border Code (SBC) explicitly obliges Member States to apply the Schengen rules in full compliance with the fundamental rights, Member States’ adherence to this obligation can be questioned in light of recurrent and reliable reports about fundamental rights violations at the EU’s external borders. This contribution will examine why, apart from the deficiencies in the SCHE-VAL mechanism, the current response towards fundamental rights violations at the border is ineffective. First, it will analyse the legal framework, including the implementing rules, to see if additional guidance is needed. Second, the enforcement mechanisms will be examined: how are violations being addressed at the national level, and how does the EU Commission perceive and fulfills its role regarding enforcement of compliance? As the Commission has often referred to the monitoring mechanism as proposed in the draft Screening Regulation, the contribution will examine to what extent this New Pact file will help to resolve the current impunity. Finally, the article will analyse the role of Frontex regarding human rights violations by Member States. What is their responsibility, how do they perform it, and who is enforcing compliance by Frontex?

scholarly journals A proposed common training framework for specialists in laboratory medicine under EU directive 2013/55/EC (The recognition of professional qualifications)

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Gijsbert Wieringa ◽  
Josep Queraltó ◽  
Evgenija Homšak ◽  
Nuthar Jassam ◽  
Etienne Cavalier ◽  
...  
Keyword(s):  
Clinical Chemistry ◽  
Position Statement ◽  
Laboratory Medicine ◽  
European Federation ◽  
Member States ◽  
Eu Member States ◽  
Eu Directive ◽  
Specialist Practice ◽  
Eu Commission ◽  
The Eu

AbstractEuropean Union (EU) Directive 2013/55/EC (The Recognition of Professional qualifications) allows Member States to decide on a common set of minimum knowledge, skills and competences that are needed to pursue a given profession through a Common Training Framework. To be adopted the framework must combine the knowledge, skills and competences of at least one third of the Member States. Professionals who have gained their qualifications under a Common Training Framework will be able to have these recognised automatically within the Union. The backbone of the European Federation of Clinical Chemistry and Laboratory Medicine’s (EFLM) proposed Common Training Framework for non-medical Specialists in Laboratory Medicine is outlined here. It is based on an Equivalence of Standards in education, training, qualifications, knowledge, skills, competences and the professional conduct associated with specialist practice. In proposing the recognition of specialist practice EFLM has identified 15 EU Member States able to meet Equivalence and in whom the profession and/or its training is regulated (an additional EU Commission requirement). The framework supports and contributes to the Directive’s enabling goals for increasing professional mobility, safeguarding consumers and ensuring a more equitable distribution of skills and expertise across the Member States. It represents EFLM’s position statement and provides a template for professional societies and/or competent authorities to engage with the EU Commission.

scholarly journals The EU, the member states and the future of public broadcasting

2005 ◽  
pp. 231-237 ◽  
Author(s):  
Christina Holtz- Bacha
Keyword(s):  
Public Service ◽  
Active Role ◽  
Public Broadcasting ◽  
Member States ◽  
Public Service Broadcasting ◽  
Special Circumstances ◽  
Considerable Pressure ◽  
Eu Commission ◽  
State Aids ◽  
The Eu

Public service broadcasting (PSB) has come under considerable pressure by the EU Commission. This is due to the fact that the Commission treats broadcasting as a service as any other and therefore applies the competition regulation of the EC Treaty to broadcasting stations, independent of their commercial interests or public service mission. Against this background, the financing of public broadcasting is regarded as being state aids that are only allowed under special circumstances. In recent years, several commercial broadcasters from different member states filed complaints and claimed distortion of competition through state aids for public service broadcasting. At first, the Commission remained reluctant but has meanwhile adopting an active role, finally pushing aside the member states although, according to the Amsterdam Protocol, they have the competence to define the remit of PSB and to decide about its funding. This battle is about to change the broadcasting systems of the European countries where PSB has been a defining feature for more than 50.

scholarly journals Legitimizing pre-emptive data surveillance under the EU law: the case of the PNR Directive

2021 ◽  
Vol 83 (1) ◽  
pp. 115-127
Author(s):  
Julia Wojnowska-Radzińska
Keyword(s):  
Member State ◽  
Eu Law ◽  
Member States ◽  
Eu Countries ◽  
Serious Crime ◽  
Data Surveillance ◽  
Surveillance Practice ◽  
The Individual ◽  
Eu Commission ◽  
The Eu

The paper analyses the PNR Directive as pre-emptive data surveillance practice. The 2016/681 Directive regulates the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. It obliges airlines to hand national authorities passengers’ data for all flights from third countries to the EU and vice versa, but Member States can also extend it to ‘intra-EU’ ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission. Thus, PNR Directive affects all passengers who arrive in the territory of one Member State originating from a third country, or who depart from a Member State’s territory to a non-EU country, including any transfer or transit flights. Using PNR data, the individual is profiled and encoded in terms of degrees of risk.

scholarly journals LEGAL PROTECTION OF THIRD-COUNTRY NATIONALS IN THE EUROPEAN UNION

2016 ◽  
Vol 1 (127) ◽  
pp. 95-103
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Common System ◽  
Additional Protection ◽  
Eu Commission ◽  
The Eu ◽  
Common Policy ◽  
Third Country Nationals

The article is devoted to the legal analysis of the EU common policy in order to provide protection to third country nationals. To control the issues caused by a significant increase of the number of asylum seekers and refugees into the territory of the EU Member States the European Union is developing a common policy on asylum and protection of third-country nationals crossing the external borders of the EU Member States. The EU common policy in this area is the European Union coordination policy to establish common rules for asylum for third-country nationals; establish common rules to provide the additional security for third-country nationals who without obtaining the European asylum in whole, however, need the international protection; to create a common system of temporary protection for displaced persons in regard of their substantial influx; to determine common procedures for granting and withdrawing of a single asylum status or additional protection. Special attention is paid to the analysis of the asylum procedure of third-country nationals. As well as issues related to the protection of external borders, visa and immigration policies TFEU predicts a joint adoption by the European Parliament and the Council decision under the ordinary legislative procedure, id est voting for proposal of the EU Commission. Simultaneously, under the TFEU, if within one or more EU Member States there is an emergency situation characterized by a sudden influx of third-country nationals, the EU Council for the EU Commission proposal and acting after the consultations with the European Parliament may adopt temporary measures in favor of the interesting Member States. Nowadays the European Union is in dynamic and permanent development process of a common policy to provide protection to third-country nationals. This policy is implemented through the use of the EU method of coordination in matters relating to the establishment of the common status of asylum for third-country nationals; determining the status of a common additional protection for third-country nationals; the introduction of a common system of temporary protection for displaced persons; establishing of common procedures for granting and withdrawing of a common asylum status or additional protection.

Slip Sliding Away? The Changing Politics of European Car Distribution

2003 ◽  
Vol 5 (2) ◽  
pp. 175-192
Author(s):  
Yusaf Akbar
Keyword(s):  
Member States ◽  
Car Industry ◽  
Eu Member States ◽  
Cross Border ◽  
General Logic ◽  
Single European Market ◽  
European Industry ◽  
The Impact ◽  
Eu Commission ◽  
The Eu

This paper examines the development of EU regulations in the car distribution sector. In the span of approximately fifteen years, the sector has shifted from being regarded by its critics as being one of the most protected havens of European industry to one faced with open competition. The paper claims that the inability of the car industry to resist liberalization in this sector is related to several factors. First, there was declining support from member states for their national producers, in part explained by global shifts in ownership and production which rendered concepts of “national producer” problematic. Second, technological changes combined with the impact of globalization on in the industry undermined the case for a link between sales and service of cars. Third, DG competition, led by Mario Monti, wished to push through the ability of consumers to make cross-border purchases of cars. Fourth, a more general logic embedded in the Single European Market programme (SEM) had led to several decisions to prosecute EU car producers for infringing SEM rules and thereby undermining the ability of EU member states to protect their “national producers.” This has implications more broadly: will increasing globalization of industrial ownership further undermine the state-firm nexus in the EU, thus reducing the propensity of national industries to resist liberalization? In this context, will member states be prepared to give the EU Commission a freer hand in forcing through liberalization in the remaining sectors that remain problematic?

THE EUROPEAN COMMISSION AS THE GUARDIAN OF THE TREATIES

2021 ◽  
Vol 66 (05) ◽  
pp. 160-163
Author(s):  
Sevil Aliheydar Damirli ◽  
Keyword(s):  
European Union ◽  
Member State ◽  
European Commission ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
Eu Member States ◽  
The Guardian ◽  
Eu Commission ◽  
The Eu

As in any community, coexistence and cooperation only works if it is well organized. In the EU, there are EU bodies for this purpose. We all know that living together of different members can often lead to a dispute. In the European Union, the subject of dispute can not only be the violation of primary law, but also the violation of secondary community law. In order to better understand the important role of the Commission in the EU, we examine in this paper its composition and Tasks. We know that the European Union is based on the rule of law. This means that every EU activity is based on treaties that have been accepted by all EU Member States on a voluntary and democratic basis. A contract is a binding agreement between the EU member states. It sets out the objectives of the EU, the rules governing the EU institutions, the decision-making process and relations between the EU and its Member States. Therefore it is important to adhere to these treaties to carry out community policy. According to Art. 258 and 259 of the Treaty on the Functioning of the EU, actions for breach of contract can be filed against a Member State by the EU Commission or another Member State (1, Art.258-259). For the European Commission, as the «Guardian of the Treaties», this option is a particularly important instrument of power politics that it can use against member states' governments that do not recognize or do not comply with the norms of Community law. In practice, the infringement procedures requested by the Commission are of particular importance for ensuring compliance with Community law by the Member States. In no other area does the Commission have so much power and independence against the Member States. Now we should take a closer look at the EU institution and especially the EU Commission.

scholarly journals State Aid Law as a passepartout: Shouldn’t We Stop Taking the Effect on Trade for Granted?

2020 ◽  
Vol 4 (1) ◽  
pp. 9-18
Author(s):  
Bernardo Cortese
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
State Aid ◽  
Excessive Amount ◽  
Present Contribution ◽  
Member States ◽  
Legitimate Expectations ◽  
Eu Commission ◽  
The Eu

The present contribution addresses the excessive amount of discretion left to the EU Commission (and Courts) in defining the enforcement priorities in the field of EU State aid Law, by singling out one element of the (inherently vague) the notion of State aid, namely the effect on trade between member States. The approach taken by the Commission’s practice and the ECJ case law in this field ends up building a rather unpredictable legal framework. This risks unreasonably undermining both member States’ legislative choices in fields not necessarily falling under an EU competence, and undertakings’ legitimate expectations.

The Contribution of the Case Law of the cjeu to the Judicial Enforcement of EU Environmental Law in the UK

2019 ◽  
Vol 16 (2) ◽  
pp. 109-124
Author(s):  
Juliane Kokott ◽  
Christoph Sobotta
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Eu Law ◽  
Member States ◽  
Domestic Courts ◽  
Judicial Proceedings ◽  
The Uk ◽  
Eu Commission ◽  
General Standard ◽  
The Eu

The enforcement of EU environmental law is of particular relevance because EU law provides most of the framework of environmental law in the Member States, including the UK. Supervision by the EU Commission ensures a certain general standard of compliance, especially as regards transposition of directives and conformity of transposing legislation. The practice of domestic courts is an essential complement to Commission action. In this respect the Luxembourg jurisprudence has in particular strengthened the judicial powers of UK courts and provided some protection against excessive costs of judicial proceedings. After brexit much of this contribution could continue to be relevant, in particular if the agreement that was negotiated with the EU should be ratified.

scholarly journals European Union: Seasonal Workers under COVID-19 Pandemic

2020 ◽  
Vol 17 (5) ◽  
pp. 45-51
Author(s):  
Olga Potemkina ◽  
Keyword(s):  
Business Models ◽  
Seasonal Migration ◽  
Social Rights ◽  
Member States ◽  
Agricultural Industry ◽  
Seasonal Workers ◽  
Eu Member States ◽  
Seasonal Labor ◽  
Eu Commission ◽  
The Eu

The article deals with the coronavirus pandemic’s impact on the seasonal workers in the EU. Based on the examples of several Member States, in particular Germany and France, the author demonstrates the problems that seasonal workers and their employers, as well as governments, have experienced because of the closed borders and restrictions on the seasonal workers trips to their place of work. The article analyses the measures taken by the governments in the world and the EU Member States, in particular, to resolve the situation and further use of seasonal labor. At the same time, the author points out the emerging threats to the health of mobile workers due to the inability to comply with preventive requirements, as well as cases of violation of their rights by employers. Recommendations of the EU Commission to Member States on ensuring freedom of movement, social rights and protection of health of seasonal workers are presented. At the same time, the author comes to the conclusion that restoring the channels of disrupted seasonal migration will depend on uncertain circumstances, which may prompt producers in the agricultural industry to rethink their business models by reducing their reliance on cheap labor.

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