scholarly journals EU Internal Market Law and the Law of International Commercial Arbitration: Have the EU Chickens Come Home to Roost?

2020 ◽  
pp. 1-23
Author(s):  
Federico FERRETTI
Keyword(s):  
Market Integration ◽  
Internal Market ◽  
Legal Certainty ◽  
Commercial Arbitration ◽  
Current State ◽  
Efficient Delivery ◽  
Common Area ◽  
Market Needs ◽  
State Of Affairs ◽  
The Eu

Abstract EU Internal Market law and international arbitration increasingly interact with each other but there are important areas of conflict between the two that represent an obstacle to market integration in a common area of justice. The article examines, from the perspective of EU public economic law, these areas of conflict to assess the extent to which the Internal Market needs harmonised rules on commercial arbitration to support dispute resolution and access to an efficient delivery of justice within its operation. The current state of affairs is unsatisfactory and it lacks legal certainty. If properly regulated, commercial arbitration can become an important instrument functional to EU market efficiency.

scholarly journals Resilience in the Context of the Implementation of the EU-Ukraine Association Agreement

2021 ◽  
pp. 1-26
Author(s):  
Roman Petrov ◽  
Oksana Holovko-Havrysheva
Keyword(s):  
Market Integration ◽  
Internal Market ◽  
Association Agreement ◽  
Trade Dispute ◽  
First Case ◽  
Institutional Cooperation ◽  
Bilateral Cooperation ◽  
High Degree ◽  
Institutional Mechanism ◽  
The Eu

This article examines the extent of the practice of resilience in the process of the implementation of the EU-Ukraine Association Agreement (AA). Also, it analyses the main legislative and institutional tools promoting resilience of Ukraine’s market integration with the EU. Two cases are considered in this study. The first case is the launch of negotiations on the EU-Ukraine Agreement on Conformity and Acceptance of Industrial Products (ACAA). The second case is an EU-Ukraine Trade Dispute on Export Woods Ban. In both cases the EU institutions and Ukraine display a high degree of flexibility to pursue a policy of resilience to achieve a high degree of EU Internal Market rapprochement. In the case of Ukraine, the institutional mechanism of the EU-Ukraine AA remains unused as a forum to discuss effectively and to find solutions for impeding problems in the bilateral cooperation agenda. Therefore, a coherent, transparent, and effective institutional cooperation framework in the bilateral EU-Ukraine relations is still needed.

Negative and Positive Integration in EU Economic Law: Between Strategic Denial and Cognitive Dissonance?

2012 ◽  
Vol 13 (8) ◽  
pp. 979-1012 ◽  
Author(s):  
Pedro Caro de Sousa
Keyword(s):  
European Union ◽  
Market Integration ◽  
Due Process ◽  
Political Process ◽  
Prima Facie ◽  
Internal Market ◽  
The European Union ◽  
Degree Of Control ◽  
The Creation ◽  
The Eu

It is a generally held assumption that the EU economic free movement rights are tools in the creation of a European internal market; and that their main goal is the (negative) market integration of different national markets. Yet these freedoms do not determine how market integration is to proceed, or which kind of integrated European market will emerge. The resulting market may be more or less regulated, and the creation of the relevant regulatory rules may be allocated to a variety of sources. These options are reflected in the different proposed tests used to determine whether a national measure prima facie infringes one of the market freedoms. The proposed tests fall into two main categories—broad tests and narrow tests—and each type has its own implications for European integration. Broad tests, usually associated with obstacle tests or even with economic due process clauses, tend to be seen as having three main outcomes. One result of broad tests is centralization, implying that ultimate decisions concerning the legitimacy of national law rests with EU institutions, and particularly with the Court of Justice of the European Union (“the Court” or “CJEU”). Another outcome of broad tests is the possible harmonization of national laws through the European political process by increasing the amount of national legislation susceptible to being harmonized under Articles 114 to 118 on the Treaty on the Functioning of the European Union (“TFEU”). A third consequence of broad tests is deregulation through the elimination of national rules creating obstacles to trade. Alternatively, narrow approaches-usually associated with discrimination or typological tests-are usually coupled with regulatory pluralism via a greater degree of control of the harmonization competences of the EU, decentralization through the protection of a greater sphere of Member States' autonomy, and economic agnosticism. Views on the potential outcomes of broad and narrow tests are, in turn, related to normative debates about the ideal levels of centralization, harmonization, and regulation in the internal market.

The Evolution of the European Neighbourhood Policy and the Current Challenges of a Disintegrated Neighbourhood

2012 ◽  
Author(s):  
Narine Ghazaryan
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Policy Formation ◽  
European Neighbourhood Policy ◽  
The European Union ◽  
Current State ◽  
Initial Stage ◽  
State Of Affairs ◽  
The Arab Spring ◽  
The Eu

The paper traces the evolution of the European Neighbourhood Policy (ENP) since its origins until the present day. The ENP was initiated in 2003 attracting vast institutional and scholarly interest in its various aspects. The extraordinary events of the Arab Spring revolutions in the Southern neighbourhood prompted a renewed interest towards the ENP despite the internal economic turmoil faced by the European Union (EU) and its Member States. The EU institutions undertook a substantive revision of the policy in 2011 in addition to the regional split that had taken place previously. The legal framework of the ENP, comprising its objectives, methodology and instruments, is analysed to reveal the various stages of the existence of the policy and the shortcomings undermining its success. The initial stage of policy formation, the subsequent impact of the Treaty of Lisbon, and the most current state of affairs with a regional emphasis will be addressed in sequence.   Full text available at: https://doi.org/10.22215/rera.v7i1.211

scholarly journals Fifteen years of Poland’s membership of the European Union: Poland’s participation in the internal market for services

2020 ◽  
Vol 56 (1) ◽  
pp. 3-19
Author(s):  
Alina Szypulewska-Porczyńska ◽  
Magdalena Suska
Keyword(s):  
European Union ◽  
Market Integration ◽  
Internal Market ◽  
Trade Barriers ◽  
The European Union ◽  
Integration Process ◽  
Services Trade ◽  
Macroeconomic Factors ◽  
Limited Impact ◽  
The Eu

Abstract The purpose of this article is to examine the changes that have occurred after Poland’s integration into the European Union (EU) internal market for services after 2004 considering the legal changes adopted in the EU relating to the free movement of services, namely, the Service Directive. An examination of the Directive’s outcome and the development of the market integration process permit the conclusion that the changes in regulatory trade barriers have had a relatively limited impact on the changes that have occurred in EU–Polish ties concerning services trade. These were predominantly shaped by structural and macroeconomic factors. From an analysis of the structure of Poland’s services trade, a picture emerges of a deepening asymmetry between the exports and imports sides of Poland’s participation in the internal market.

scholarly journals Towards a more responsible sustainable innovation assessment and management culture in Europe

2017 ◽  
Vol 9 (4) ◽  
pp. 7-20 ◽  
Author(s):  
Rafael Popper ◽  
Monika Popper ◽  
Guillermo Velasco
Keyword(s):  
Meta Analysis ◽  
Lessons Learned ◽  
Management Culture ◽  
Current State ◽  
Sustainable Innovation ◽  
New Concepts ◽  
Critical Issues ◽  
Common Framework ◽  
State Of Affairs ◽  
The Eu

AbstractThis article presents new concepts and practical approaches resulting from the piloting of CASI-F - a common framework for the assessment and management of sustainable innovation (SI). Based on lessons learned from action research carried out in the context of the EU funded CASI project, the article focuses on the meta-analysis of 46 action roadmaps produced with 43 innovators supporting the practical application of CASI-F. The applied methodology helped to demonstrate that a multi-level and multi-actor advice approach promotes a shift towards improved understanding of innovations-related critical issues (barriers, drivers, opportunities and threats) and stakeholders’ relations, as well as their management, thus promoting the sustainable resilience and transformation of socio-technical systems. This paper first reflects on how we arrived to managerial lessons from the actions roadmaps and how could these lessons be used to assess the current state of affairs and potential way forward for European initiatives and instruments promoting sustainable innovation.

Mutual Recognition of Driving Licences in the EU – Current State of Integration and Perspectives

2020 ◽  
Vol 13 (3) ◽  
pp. 37-60
Author(s):  
Meinhard Schröder
Keyword(s):  
International Law ◽  
Information Exchange ◽  
Mutual Recognition ◽  
Internal Market ◽  
Public International Law ◽  
Driving Licence ◽  
Current State ◽  
Lack Of Information ◽  
Principle Of Territoriality ◽  
The Eu

A driving licence is a document and an administrative act, which is, according to the principle of territoriality, only valid in the territory of the issuing State. This is incompatible with practical needs of international traffic, and mutual recognition helps to overcome the problem. This article presents the development of mutual recognition of driving licences in the EU, from pre-existing public international law to current harmonising legislation and the relevant ECJ jurisprudence. It finds that once there was sufficient harmonisation, the ECJ promoted mutual recognition, while the EU legislator had to close the loopholes for 'driving licence tourism' by amending the directives. Unlike in other areas of the internal market, primary law never played an important role for the mutual recognition of driving licences. Determining the current state of integration, the article identifies a lack of information exchange between Member States and a lack of harmonisation of sanctions as main obstacles for full, unconditional recognition, and proposes ways leading towards an 'internal market of driving licences'.

scholarly journals EU Single Market(s) after Brexit

2019 ◽  
Vol 7 (3) ◽  
pp. 19-29
Author(s):  
Michelle Egan
Keyword(s):  
Market Integration ◽  
Single Market ◽  
Goods And Services ◽  
Current State ◽  
European Single Market ◽  
Political Effects ◽  
The Uk ◽  
The Impact ◽  
The Relationship ◽  
The Eu

This article focuses on the European single market, which has been one of the central issues in terms of the impacts of Britain’s withdrawal from the EU. As the aim of the single market project is to open the internal borders of the EU to the free movement of goods, services, capital, and labor to create cross-jurisdictional markets, the economic and political effects of Brexit will be widespread, if not yet fully understood, outside the British polity. The article looks at the current state of the single market, then highlights the impact of British withdrawal on economic governance, focusing on different market freedoms, given the degree of trade interdependence and integrated supply chains that have evolved in response to changes in goods and services. One of the lessons from Brexit negotiations is the importance of distinguishing between different single market(s) when assessing the impact of British ‘exit’ on member states. The concluding section focuses on the political safeguards of market integration to manage the relationship between the UK and EU, to illustrate how judicial, market, and institutional safeguards create options and constraints in mitigating the effects of ‘exit’.

scholarly journals EUROPEAN INTEGRATION AND INFORMATION SECURITY OF UKRAINE: TO THE PROBLEM OF INTERACTION

2018 ◽  
pp. 53-60
Author(s):  
Oleg Danilyan ◽  
Оleksandr Dzоban
Keyword(s):  
Information Security ◽  
European Integration ◽  
New Technologies ◽  
Modern World ◽  
Practical Implementation ◽  
The European Union ◽  
Current State ◽  
State Of Affairs ◽  
Further Development ◽  
The Eu

The purpose of the article is to elucidate the connection between the process of European integration and the state of its information security. Apply the whole complex of philosophical general scientific, and specific methods of scientific research, which are inherent in political science, in their interconnection and complementarity. For Ukraine, the movement toward European integration is a question of the effectiveness of its inclusion in the existing system of distribution of functions and roles in the modern world political and economic system, way of modernizing the economy, overcoming the technological backwardness, attract foreign investment and new technologies, creating new jobs, improving the competitiveness of domestic producers, access to world markets, primarily the EU market. It is proved that such a sphere remains one of the most problematic to date, especially if to speak about the situation in the East of Ukraine. The continued fighting, lack of interest of the parties in the conduct of public talks and a cease-fire, the inability to conduct appropriate actions in the framework of the Minsk agreements on the demarcation line and a number of other destructive phenomena do not contribute to the further development of relations with the EU. The European Union is constantly on notice that the danger in the East is a danger for the whole of Europe, and therefore for further development of integration processes require a ceasefire and a transition to practical implementation of the Minsk agreements. The current state of Affairs in this sphere does not allow to hope for fast improvements and so you need to move from rhetoric to action. As a result, it is concluded that information security is especially important for the stable public and state development, and its role and significance is growing significantly in modern conditions.

scholarly journals The Evolution of the European Neighbourhood Policy and the Current Challenges of a Disintegrated Neighbourhood

2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Narine Ghazaryan
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Policy Formation ◽  
European Neighbourhood Policy ◽  
The European Union ◽  
Current State ◽  
Initial Stage ◽  
State Of Affairs ◽  
The Arab Spring ◽  
The Eu

The paper traces the evolution of the European Neighbourhood Policy (ENP) since its origins until the present day. The ENP was initiated in 2003 attracting vast institutional and scholarly interest in its various aspects. The extraordinary events of the Arab Spring revolutions in the Southern neighbourhood prompted a renewed interest towards the ENP despite the internal economic turmoil faced by the European Union (EU) and its Member States. The EU institutions undertook a substantive revision of the policy in 2011 in addition to the regional split that had taken place previously. The legal framework of the ENP, comprising its objectives, methodology and instruments, is analysed to reveal the various stages of the existence of the policy and the shortcomings undermining its success. The initial stage of policy formation, the subsequent impact of the Treaty of Lisbon, and the most current state of affairs with a regional emphasis will be addressed in sequence.

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