Micula and Others v. Romania

2021 ◽  
Vol 196 ◽  
pp. 629-677
Keyword(s):  
European Union ◽  
International Investment ◽  
The State ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Content Type ◽  
Municipal Law ◽  
Relationship Of ◽  
Arbitration Award

629Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes (“ICSID”) — ICSID Convention, 1965 — Article 54 — Enforcement proceedings — Arbitration (International Investment Disputes) Act 1966 implementing ICSID Convention in domestic lawRelationship of international law and municipal law — Treaties — ICSID Convention, 1965 — Obligations of the State under ICSID Convention — European Union law — Treaty on the Functioning of the European Union — Article 351 — Duty of sincere co-operation — Whether obligations of the State under EU law interfering with enforcement of an ICSID arbitration awardTreaties — Treaty on the Functioning of the European Union — Article 351 — Obligations of Member States of the European Union — Conflicting treaty obligations — Obligations arising under pre-EU treaties — Obligations arising under EU Treaties themselves — Whether EU Treaties affecting duty of a Member State to respect rights of non-member States under prior agreement — The law of the United Kingdom

scholarly journals Assessing the Level of Renewable Energy Development in the European Union Member States. A 10-Year Perspective

Energies ◽  
2021 ◽  
Vol 14 (13) ◽  
pp. 3765
Author(s):  
Jarosław Brodny ◽  
Magdalena Tutak ◽  
Peter Bindzár
Keyword(s):  
European Union ◽  
Economic Development ◽  
Renewable Energy ◽  
Energy Development ◽  
The State ◽  
The European Union ◽  
Member States ◽  
Current State ◽  
Renewable Energy Development ◽  
European Union Countries

The global economic development is, to a great extent, dependent on access to large amounts of cheap energy sources. The growing social awareness of ecology and the enormous damage to the Earth’s ecosystem due to the production of energy from conventional sources have forced fundamental changes in the energy sector. Renewable energy is considered to be an opportunity for such changes. The current state of the art allows such changes to be made without restricting economic development. Therefore, activities related to the energy transition are being taken all over the world. The European Union has definitely managed to achieve the most tangible effects in this regard. This article presents the findings of the research aimed at presenting the current state of renewable energy in the European Union and analyzing the changes reported in this sector in the last decade. The research was carried out using a selected set of 11 indicators characterizing renewable energy in individual countries. These indicators were selected on the basis of literature review and own studies of the state of renewable energy and its development prospects. Based on these indicators, changes in the energy structure of individual European Union countries between 2008–2018 were determined. The study is divided into two main stages. The principal components analysis (PCA) was used for the first analysis. In turn, the Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) was adopted to assess the level of renewable energy development in the European Union countries. Both these methods and the extended statistical analysis were applied to determine the state of renewable energy development in the European Union countries in the studied period and to divide the Member States into classes with different levels of development. The results of the study showed that the EU countries are characterized by significant differences in the development of RES during the period in question. The unquestionable leaders in this respect are Sweden, Austria, Finland, and Latvia. Based on the findings, it is possible to evaluate the effects of activities related to renewable energy development and to prepare assumptions for future activities. Additionally, both the research and its findings broaden the knowledge of the directions of renewable energy development in individual European Union countries. This is particularly important in the context of changes related to the need to reduce harmful substance emissions and the implementation of the European Green Deal idea.

Practice of the member states of the European Union in the field of anti-corruption regulation

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dmytro S. Melnyk ◽  
Oleg A. Parfylo ◽  
Oleksii V. Butenko ◽  
Olena V. Tykhonova ◽  
Volodymyr O. Zarosylo
Keyword(s):  
European Union ◽  
System Analysis ◽  
The European Union ◽  
Analysis Method ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
Legal Method ◽  
Content Analysis Method ◽  
The Eu

Purpose The experience of most European Union (EU) Member States has demonstrated effective anti-corruption practices, making the EU one of the leaders in this field, which can be used as an example to learn from in the field of anti-corruption. The purpose of this study is to analyze and identify the main features of anti-corruption legislation and strategies to prevent corruption at the national and supranational levels of the EU. Design/methodology/approach The following methods were used in the work: discourse and content analysis, method of system analysis, method of induction and deduction, historical-legal method, formal-legal method, comparative-legal method and others. Using the historical and legal method, the evolution of the formation of anti-corruption regulation at the supranational level was revealed. The comparative law method helped to compare the practices of the Member States of the EU in the field of anti-corruption regulation. The formal-legal method is used for generalization, classification and systematization of research results, as well as for the correct presentation of these results. Findings The main results, prospects for further research and the value of the material. The paper offers a critical review of key EU legal instruments on corruption, from the first initiatives taken in the mid-1990s to recent years. Originality/value In addition, the article analyzes the relevant anti-corruption legislation in the EU member states that are in the top 10 countries with the lowest level of corruption, namely: Denmark, Finland, Sweden, the Netherlands, Germany and Luxembourg.

Micula and Others v. Government of Romania

2021 ◽  
Vol 196 ◽  
pp. 678-708
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Federal Courts ◽  
Sovereign Immunity ◽  
Content Type ◽  
State Immunity ◽  
Investment Treaty ◽  
Municipal Law ◽  
Arbitration Award

678Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes (“ICSID”) — ICSID Convention, 1965 — Article 54 — Enforcement proceedings — Convention on the Settlement of Investment Disputes Act 1966 giving ICSID Convention domestic effect in United StatesJurisdiction — Subject matter jurisdiction over enforcement of an ICSID Award — Foreign Sovereign Immunities Act 1976 — Act of State doctrine — Foreign sovereign compulsion doctrine — Whether act of State doctrine or foreign sovereign compulsion doctrine barring enforcement of an ICSID AwardState immunity — Jurisdiction — Petition to enforce arbitration award — Foreign Sovereign Immunities Act 1976 — Exceptions to sovereign immunity — Arbitration exception — Romania’s agreement to arbitrate — Whether Romania’s agreement to arbitrate nullified by Romania’s accession to European Union — Whether United States court having jurisdiction to enforce arbitration awardTreaties — ICSID Convention, 1965 — Sweden–Romania Bilateral Investment Treaty, 2002 — Romania’s agreement to arbitrate — Romania acceding to European Union in 2007 — Whether Romania’s agreement to arbitrate nullified by Romania’s accession to European Union — Whether United States court having jurisdiction to enforce arbitration awardRelationship of international law and municipal law — Treaties — ICSID Convention, 1965 — Obligations of the State under ICSID Convention — United States law — Convention on the Settlement of Investment Disputes Act 1966 — Section 3 — Jurisdiction of federal courts to enforce an ICSID award whilst award subject of review by a foreign sovereign — The law of the United States

Termination of Criminal Proceedings in Public Criminal Cases by Courts of First Instance Under Art. 24, Para. 1, Item 5 of the Bulgarian Code of Criminal Procedure and Its Compliance with European Union Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Debora Valkova-Terzieva ◽  
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
The European Union ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
European Union Law ◽  
Member States ◽  
The Subject

The subject of this research is a specific prerequisite for the termination of criminal proceedings in public criminal cases, regulated in Article 24, Paragraph 1, Item 5 of the Bulgarian Code of Criminal Procedure. This analysis was necessitated by the fact that the European Union had introduced certain obligations for the Member States.

Právně ekonomické aspekty kritéria právního státu jako podmínky pro přidělení prostředků z rozpočtu EU

2021 ◽  
pp. 126-143
Author(s):  
Tereza Čejková
Keyword(s):  
European Union ◽  
Civil Rights ◽  
European Commission ◽  
Rule Of Law ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Member States ◽  
Financial Framework ◽  
The Impact

After expressing concerns about the state of democracy and civil rights in Poland and Germany in recent years, the European Commission proposed to implement the so-called rule of law condition in the 2021–2027 multiannual financial framework scheme, under which EU budget funding would not be allocated to those Member States which do not comply with the condition. This work will examine the financial and legal aspects of this condition and assess the impact of its application on the economy of the European Union.

Twenty Years of CJEU Jurisprudence on Citizenship

2014 ◽  
Vol 15 (5) ◽  
pp. 821-834
Author(s):  
Prof. Dr. Gerard-René de Groot ◽  
Ngo Chun Luk
Keyword(s):  
European Union ◽  
Member State ◽  
Symbiotic Relationship ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Constant Friction ◽  
Union Citizenship ◽  
History Of ◽  
The Relationship

The history of the European Union has been fraught with constant friction between the sovereignty of the Member States and the supranational powers of the Union, with the Union gaining terrain in fields of law traditionally belonging to the Member States. Despite this tension, certain legal fields are steadfastly asserted as belonging to the Member States. Notably, Member States regulate the grounds of the acquisition and loss of nationality. The Treaty of Lisbon highlights that the nationality of Member States is scarcely governed by European Union law, if at all. The sole provision governing the relationship between Member State nationality and Union law, i.e., Article 20 of the Treaty on the Functioning of the European Union (TFEU) stresses the primacy of Member State nationality.Reality, however, is often not as simple as such a cursory reading implies. European Union citizenship, once a mere complementary facet of the national citizenships, has transformed into an institution in its own right, forming a symbiotic relationship between the Member State nationality and the European Union.

Differentiated Integration and European Union Politics

2019 ◽  
Author(s):  
Frank Schimmelfennig
Keyword(s):  
European Union ◽  
Path Dependence ◽  
The European Union ◽  
Member States ◽  
Institutional Practice ◽  
European Democracy ◽  
Differentiated Integration ◽  
International Diversity ◽  
Eu Policies ◽  
Relationship Of

Differentiated integration has become a core feature of the European Union. Whereas in uniform integration, all member states (and only member states) equally participate in all integrated policies, in differentiated integration, member and non-member states participate in EU policies selectively. At its core, differentiated integration is formally codified in EU treaties and legislation. The study of differentiated integration has long remained limited to policy-oriented conceptual debate. “Multi-speed integration,” “core Europe,” and “Europe à la carte” are prominent labels that have resulted from this debate. Theoretical and systematic empirical analysis of differentiated integration is a more recent phenomenon. Demand for differentiated integration is theorized to be rooted in international diversity of country size, wealth, and national identity, which result in heterogeneity of integration preferences, interdependence, and state capacities. In addition, agreement on differentiated integration depends on the size and bargaining power of the insider and outsider groups, the externalities that differentiation produces, and the institutional context in which negotiations take place. Finally, differentiated integration is subject to centrifugal and centripetal dynamics of path dependence and institutional practice. Evaluations of differentiated integration vary between negative assessments based on the principles of legal unity, European democracy, and solidarity and positive assessments based on demoi-cratic standards and the facilitation of integration. More research is needed on the relationship of differentiated integration with other forms of flexibility in the EU, citizen attitudes, and party positions on differentiated integration and the effects of differentiation.

The Future of Intra-EU Investment Arbitration: Intra-EU Investment Arbitration under the ECT post Achmea

2019 ◽  
Vol 4 (1) ◽  
pp. 147-177
Author(s):  
Sahra Arif
Keyword(s):  
European Union ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Investment Arbitration ◽  
The Future ◽  
Energy Charter Treaty ◽  
Opposite View ◽  
The Relationship ◽  
The Eu

The Achmea judgment of the Court of Justice of the EU (CJEU) found that arbitration clauses in bilateral investment treaties (BITS) between Member States of the European Union are incompatible with European Union law. Following this, Member States attempted to invoke this judgment in relation to similar intra-EU arbitrations under the Energy Charter Treaty (ECT). Tribunals established under the ECT have however generally rejected the applicability of the Achmea judgement. While the EU Commission and the majority of Member States concluded that this judgment also precludes intra-EU ect arbitrations, a few Member States held the opposite view. The future of intra-EU ECT arbitrations therefore seems fragile in the least. A closer analysis of the decisions of ECT Tribunals, and the relationship between obligations under European Union law and international law however argues that the future of such intra-EU ECT arbitrations is not as fragile as it may seem.

Scratching the heart of the artichoke? How international institutions and the European Union constrain the state monopoly of force

2011 ◽  
Vol 3 (3) ◽  
pp. 445-468 ◽  
Author(s):  
Eva Herschinger ◽  
Markus Jachtenfuchs ◽  
Christiane Kraft-Kasack
Keyword(s):  
European Union ◽  
International Institutions ◽  
The State ◽  
The European Union ◽  
Physical Force ◽  
Member States ◽  
Eu Member States ◽  
European Court ◽  
Core Areas ◽  
Over Time

In recent years, a growing literature has argued that European Union (EU) member states have undergone a profound transformation caused by international institutions and by the EU, in particular. However, the state core – the monopoly of the legitimate use of physical force, embodied by the police – seemed to remain intact. The literature has argued that in this area, international institutions are weak, and cooperation has remained informal and intergovernmental. We take issue with these claims and evaluate the strength of international institutions in two core areas of policing (terrorism and drugs) over time. We find that in terms of decision-making, precision, and adjudication, international institutions have become considerably stronger over time. Even when international institutions remain intergovernmental they strongly regulate how EU member states exercise their monopoly of force. Member states are even further constrained because adjudication is delegated to the European Court of Justice. Thus, even the state core is undergoing a significant transformation.

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