II. THE PROMOTION OF INVESTMENTS IN NEW MARKETS IN ELECTRONIC COMMUNICATIONS AND THE ROLE OF NATIONAL REGULATORY AUTHORITIES AFTER COMMISSION V GERMANY

2011 ◽  
Vol 60 (2) ◽  
pp. 533-545 ◽  
Author(s):  
Marek Szydło
Keyword(s):  
List Type ◽  
Electronic Communications ◽  
Member States ◽  
Regulatory Authorities ◽  
European Court ◽  
Institutional Issues ◽  
Ex Ante ◽  
The Status ◽  
The Eu

The judgment of 3 December 2009 in Commission v Germany touches upon the issue of improper implementation by a Member State (Germany) of the EU regulatory framework in the electronic communications sector.1 In this sense, the judgment in question belongs to the relatively large group of rulings in which the European Court of Justice (ECJ) categorizes the legislative actions (or inactions) of Member States in the field of electronic communications as infringing the Union secondary legislation.2 Undoubtedly, however, Commission v Germany constitutes a judgment that is of paramount importance within the above-mentioned group of rulings and deserves a particularly close attention. Being confronted here with the German rules that generally exempted the so-called new (emerging) markets in the sector concerned from ex ante regulation, the Court had an opportunity to express its views on such key regulatory issues as: 1)the position of encouraging efficient investment in infrastructure, and promoting innovation within the hierarchy of objectives that the EU regulation in electronic communications sector aims to achieve;2)the scope of discretionary powers of national regulatory authorities (NRAs) in defining the markets susceptible to ex ante regulation, and in regulating those markets, including the markets having a new or emerging character;3)the role of national legislators in regulating electronic communications markets, and particularly the relationships between national legislators and NRAs in the field of regulation of the markets in question.It must be noted at once that this latter issue has its far-reaching implications at the constitutional level of the Member States, because the relations between legislative and executive (administrative) authorities are usually determined constitutionally. As a result, the annotated judgment concerns not only such teleological, procedural and institutional issues that are crucial for the Union's concept of regulation in the electronic communications sector, but also issues that are seminal from the constitutional perspective of the Member States. Moreover, the judgment in question is also of great relevance to other network-bound sectors subject to regulation at the EU and national levels, especially as far as the status of NRAs and their position vis-à-vis national legislators are concerned.

scholarly journals The Directive 2006/24 declaration of invalidity and the consequences of metadata retention in the EU Member States: A Fundamental Rights Standards Approach

2017 ◽  
Vol 9 (1) ◽  
pp. 47-68
Author(s):  
Alessandra Silveira ◽  
Pedro Miguel Freitas
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Electronic Communications ◽  
Member States ◽  
Eu Member States ◽  
National Courts ◽  
European Court ◽  
Legal Model ◽  
Legal Equality ◽  
The Eu

Purpose – The text deals with the recent case law of the European Court of Justice (ECJ) on the directive on the retention of data (metadata) by providers of electronic communications services for the purposes of investigation, detection and prosecution of serious crimes. The authors seek to clarify the implications of the declaration of invalidity of this European directive for the EU Member States, towards the protection of legal equality of European citizens. Methodology/approach/design – The text was drafted while there was a pending ECJ’s response to the questions referred by two national courts (one Swedish and one British) on the effects of that invalidity decision on the domestic legislation that transposed it. Thus, the authors sought to anticipate the Court's decision in the light of its settled case law and the reaction of the Member States’ authorities’ after the declaration of invalidity of the referred directive. Findings – In the light of the particularities of the protection of fundamental rights in the EU and the legal model of integration, the authors draw some guidelines as to the procedure to be followed in future cases in order to safeguard the effectiveness of the Union law, namely when it comes to the legal equality of European citizens.

scholarly journals Inequalities in the European Union—A Partial Order Analysis of the Main Indicators

2021 ◽  
Vol 13 (11) ◽  
pp. 6278
Author(s):  
Lars Carlsen ◽  
Rainer Bruggemann
Keyword(s):  
Indicator System ◽  
Partial Ordering ◽  
Disposable Income ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Per Capita ◽  
Educational Aspect ◽  
The Eu

The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.

EU Soft Law in Domestic Legal Systems: Flexibility and Diversity Guaranteed?

2009 ◽  
Vol 16 (3) ◽  
pp. 271-290 ◽  
Author(s):  
Emilia Korkea-Aho
Keyword(s):  
Holistic Approach ◽  
Soft Law ◽  
New Governance ◽  
Member States ◽  
Regulatory Instruments ◽  
Modes Of Governance ◽  
Judicial Recognition ◽  
The Eu ◽  
New Modes Of Governance

New modes of governance are proliferating at all levels, most prominently in the EU. One main characteristic of new governance is adjustability and revisability in the form of soft law. The non-binding nature of soft law is said to contribute to flexibility and diversity in Member States and to secure national autonomy. However, this article argues that while soft law may not be legally binding, it nevertheless has legal effects that throw flexibility and diversity of national action into doubt. Beginning by demonstrating that soft law may have discernible effects on practices in Member States, at the same time restricting Member State choices, the article goes on to develop a categorisation of those effects and to document them in detail. These are: judicial recognition by the European courts, explicit terms of soft law instruments, which demand special types of national implementing measures, the role played by non-state actors, and hybrid forms of regulatory instruments comprising soft and hard law provisions. The analysis shows a need to add variety to existing research on EU soft law, which has traditionally focused on the role of the judiciary in giving legal effects to soft law. Instead, we should be more attentive to the other three factors when discussing soft law. Besides the more holistic approach, research should also analyse soft law in a more case-specific manner in order to fully grasp the implications of choice of soft law in a domestic legal system.

scholarly journals Enhanced Economic Governance in the EU: Alternative to a Political Union?

2014 ◽  
Vol 37 (1) ◽  
pp. 10-35 ◽  
Author(s):  
Elżbieta Kawecka-Wyrzykowska
Keyword(s):  
Debt Crisis ◽  
Point Of View ◽  
List Type ◽  
Economic Governance ◽  
Political Union ◽  
Political Will ◽  
Member States ◽  
Eu Member States ◽  
Realistic Approach ◽  
The Eu

Abstract In reaction to the sharp deterioration of fiscal positions and a sovereign debt crisis in the majority of EU member states, EU leaders have been strengthening the EU economic governance framework, in particular for the eurozone member states. This has been reflected mainly through a reinforcement of the Stability and Growth Pact (SGP) within the so-called six-pack and through the recent adoption of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG). The objective of this paper is to present the main decisions taken to address intensifying problems in the EU and assess them from the point of view of stability of the eurozone. The paper argues that the recent adoption of the six-pack and of the TSCG has created a legal basis for more effective governance structure that is much stronger than previously, and closer fscal coordination among EU member states in order to ensure public fnance sustainability. The practical results will depend, however, on the political willingness of countries to accept the new rules and rigorous enforcement of those rules. Most of the new solutions continue the previous approach: stricter preventive and punishing rules, and their more rigorous application. TSCG has adopted a new element: parallel to EU rules, there should be enhanced national rules (possibly in the form of constitutional commitments) and national institutions responsible for fscal discipline. This approach implies that international rules are not strong enough for sovereign countries, which agree to be subject to democratically elected national authorities but do not want to follow decisions by “outside” institutions. In addition, reverse voting in the Council encourages for more pragmatic, economically justifed use of the modifed SGP. In view of a lack of political will to move forward into a political union, this seems the only realistic approach to ensure fscal stabilization and keep the eurozone alive in the short and medium run. Two main research methods have been applied: (a)Statistical analysis of data on changes of the public fnances in the EU member states (budgetary defcit and public debt), (b)comparative analysis of successive EU documents on strengthening economic governance and identifcation of strong and weak aspects of the new documents from the point of view of stability of the eurozone. The main conclusion is that in a situation of a lack of political will to move forward into a political union, the only realistic approach to ensure fscal stabilization and keep the eurozone alive in the short and medium term seems to be to enforce rigorously the recently adopted new commitments aiming at better fscal control of euro area members.

scholarly journals The European Administration as a Facilitator of the European Integration Process: Organizational and Ethical Implications from the Proliferation of European Union Agencies

2021 ◽  
Vol 1 (15) ◽  
pp. 78-94
Author(s):  
Giorgio Oikonomou
Keyword(s):  
European Integration ◽  
Sharp Increase ◽  
Research Question ◽  
Eu Enlargement ◽  
Policy Area ◽  
Ethical Implications ◽  
European Court ◽  
Integration Project ◽  
The Eu

The purpose of this study is to explore the evolution of EU administration by focusing and critically examining the role of EU agencies in advancing the European integration project. The research question deals with identifying the factors that account for the formulation of EU agencies and the reasons behind their sharp increase in numbers since the 2000s. The tasks are to analyse critical EU agencies’ parameters such as their typology, the policy area they deal with, origin of their resources and funding, and their output. In addition, transparency and accountability issues accompanying the proliferation of EU agencies are also considered. Emphasis is placed on the evolution of the European administration as expressed by the establishment of various types of agencies since 1975 thereafter. Methodologically, the research utilizes quantitative data based on annual EU budgets as well as official reports and policy papers issued by main EU institutions (European Commission, European Parliament, European Court of Auditors) and agencies, analyzing them from a historical perspective. As a result, it is argued that the proliferation of EU agencies has advanced the process of European integration, namely the EU enlargement and expansion in new policy areas following successive reforms of the Treaties. However, concerns regarding accountability and transparency issues remain in place.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
The Eu

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.

The EU in other International Organizations

2021 ◽  
pp. 128-176
Author(s):  
Jan Wouters ◽  
Frank Hoffmeister ◽  
Geert De Baere ◽  
Thomas Ramopoulos
Keyword(s):  
International Organizations ◽  
World Trade ◽  
European Court Of Justice ◽  
Full Member ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
European Court ◽  
The Status ◽  
International Body ◽  
The Eu

This chapter presents the rules under EU law and international law that enable the EU to participate in the work of other international organizations. It explains the process of the EU becoming and acting as a full member in an international body composed of States, such as the Food and Agriculture Organization of the United Nations (FAO) or the World Trade Organization (WTO). When full membership is legally not possible, the EU is often granted the status of an observer. In this regard, the chapter presents pertinent examples from the UN and its specialized organizations. It puts particular emphasis on recent European Court of Justice (ECJ) case law, including Germany v Council (‘OTIF I’), where the Court underlined that the presentation of common EU positions is necessary in international organizations, even if the EU is not a full member thereof and has not legislated in the entire field of action covered by that organization.

Human Rights in EU Development Policy

2021 ◽  
pp. 682-706
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Development Policy ◽  
External Action ◽  
Development Cooperation ◽  
Development Programs ◽  
Member States ◽  
Missed Opportunities ◽  
Constitutional Level ◽  
The Eu

This chapter studies the role of human rights in EU development policy. The place of human rights in development policy was solidified at the constitutional level with the entry into force of the Lisbon Treaty, which made the promotion of human rights in all EU external action a legal obligation. As a result, different institutional mechanisms, thematic guidelines, and dedicated instruments and strategies have been put in place to consolidate a comprehensive operational framework aimed at ensuring that EU development programs advance human rights worldwide coherently and consistently. EU development policy is a shared competence, which means that both the EU and its Member States are entitled to act within this domain, as long as national actions do not undermine EU laws and positions. The sharing of competences, however, makes it more difficult for the EU to live up to the commitment of coherent and consistent promotion of human rights. In any case, substantial amount of coordination between the EU and the Member States is required in order to deliver coherence in development policy. However, the role of the EU as a normative leader in development cooperation remains subject to a multitude of long-standing criticisms and various evaluations of EU human rights policy point to a series of mixed results and missed opportunities.

Sign in / Sign up

Export Citation Format

Share Document