The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada
Keyword(s):  
Waste Water Treatment ◽  
National Level ◽  
State Level ◽  
Detailed Examination ◽  
Deterrent Effect ◽  
Eu Law ◽  
Wide Range ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

4. EU legislative powers

2020 ◽  
pp. 88-122
Author(s):  
Sylvia de Mars
Keyword(s):  
Transition Period ◽  
International Agreements ◽  
Soft Law ◽  
Eu Law ◽  
Principle Of Proportionality ◽  
The Uk ◽  
The Impact ◽  
Legislative Processes ◽  
Domestic Law ◽  
The Eu

This chapter examines the sources of EU law. As with domestic law, there are two overarching categories of EU law: primary law and secondary law. EU primary law includes the EU Treaties and the general principles of EU law. Meanwhile, EU secondary law includes regulations, directives, decisions, international agreements, and ‘soft law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU law, assessing what will happen to EU law in the UK during the Withdrawal Agreement's transition period.

Complete EU Law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Legislative Process ◽  
Eu Law ◽  
Member States ◽  
National Courts ◽  
Wide Range ◽  
Free Movement Of Persons ◽  
State Liability ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete EU Law combines extracts from leading cases and articles to take a fresh and modern look at the constitutional and substantive law of the EU. It starts by looking at the origins of EU integration and more recent developments such as the implications of the UK ‘Brexit’ vote. It then examines the role of EU institutions within the legislative process, and the sources of EU law. Next, it explores the relationship between the EU and the Member States; the supremacy of EU law and its impact upon the principle of UK parliamentary sovereignty; the direct and indirect effect of EU law in the national courts; and the ability of those national courts to request preliminary rulings from the Court of Justice. The book also examines the obligations that EU law imposes on Member States, including the operation of infringement actions and Member State liability in damages for breaches of EU law, and the obligations that it imposes on both the EU institutions and the Member States to protect human rights in the EU. It then discusses economic integration within the internal market and how EU law regulates the rights of individuals and businesses under the ‘four freedoms’, focusing on the free movement of persons and goods. Finally, the book considers competition law and its enforcement within Member States.

Complete EU Law

2019 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Legislative Process ◽  
Eu Law ◽  
Member States ◽  
National Courts ◽  
Wide Range ◽  
Free Movement Of Persons ◽  
State Liability ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete EU Law combines extracts from leading cases and articles to take a fresh and modern look at the constitutional and substantive law of the EU. It starts by looking at the origins of EU integration and more recent developments such as the implications of the UK ‘Brexit’ vote. It then examines the role of EU institutions within the legislative process, and the sources of EU law. Next, it explores the relationship between the EU and the Member States; the supremacy of EU law and its impact upon the principle of UK parliamentary sovereignty; the direct and indirect effect of EU law in the national courts; and the ability of those national courts to request preliminary rulings from the Court of Justice. The book also examines the obligations that EU law imposes on Member States, including the operation of infringement actions and Member State liability in damages for breaches of EU law, and the obligations that it imposes on both the EU institutions and the Member States to protect human rights in the EU. It then discusses economic integration within the internal market and how EU law regulates the rights of individuals and businesses under the ‘four freedoms’, focusing on the free movement of persons and goods. Finally, the book considers competition law and its enforcement within Member States.

3. Sovereignty and sources of law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

8. Membership of the European Union

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
European Union ◽  
The European Union ◽  
Eu Membership ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
The Impact ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter, which provides an overview of the relationship between the European Union and the UK, and the impact of this relationship on Parliament’s legislative supremacy, begins by considering the nature of the EU and the sources of EU law. It then examines how EU membership affects the UK legal order, and its implications for parliamentary supremacy, and also discusses what the reform of the EU means for parliamentary supremacy. It considers, briefly, the impact of different Brexit options on the UK’s constitutional framework.

Devolution and differentiation: regional variation in EU law

Legal Studies ◽  
2010 ◽  
Vol 30 (3) ◽  
pp. 421-441 ◽  
Author(s):  
Jo Hunt
Keyword(s):  
State Level ◽  
Eu Law ◽  
Legal Studies ◽  
Catching Up ◽  
European Court ◽  
Or Groups ◽  
The Uk ◽  
Eu Project ◽  
The Eu

For some years now, there has been a growing orthodoxy in EU legal studies which maintains that the EU project is less about achieving uniformity of laws across the Member States, and more about managing flexibility and differentiation. However, for the most part, space for differentiation is recognised only as between states or groups of states. The present paper moves beyond this level to explore the scope for local differentiation, at a sub-state level. This inquiry has been motivated by the recent Horvath judgment, in which the European Court of Justice was asked whether differential implementation by the devolved administrations of the UK of certain EU law obligations was lawful. The paper places these developments alongside other judicial, legal and political developments, to demonstrate a growing recognition of the role of regions within the EU's multi-levelled system of governance, revealing that the EU order is, in some respects, finally catching up with the realities of the rise of devolution and decentralisation taking place across Europe. However, it is submitted that there is further the EU could and should go in recognising, if not a ‘Europe of the Regions’, then a ‘Europe with the Regions’.

scholarly journals Judicial Review of Administrative Action at National Level under the EU Charter of Fundamental Rights and General Principles of EU Law

2020 ◽  
Vol 18 (1) ◽  
pp. 25-49
Author(s):  
Mihaela Vrabie
Keyword(s):  
Judicial Review ◽  
National Level ◽  
Fundamental Rights ◽  
Eu Law ◽  
Member States ◽  
National Courts ◽  
Charter Of Fundamental Rights ◽  
The Impact ◽  
Eu Fundamental Rights ◽  
The Eu

This article aims to determine when the national authorities have the obligation to comply with EU fundamental rights, in the framework of administrative procedures carried out in the EU Member States. It also aims to determine the legal remedies available at national level in the context of judicial review in case of violation, by the national authorities, of EU fundamental rights guaranteed by the Charter of Fundamental Rights of the EU or as general principles of EU law. To this end, this study explains the impact of the legally binding EU Charter on public administration of the Member States and the field of application of the EU Charter at national level. The article also deals with the distinction between EU fundamental rights as primary EU law guaranteed by the EU Charter and EU fundamental rights as general principles of EU law. With reference to the judicial remedies available to national courts, the study outlines the effects of EU law (primacy of EU law, direct effect, direct application) in relation to the EU fundamental rights and the measures that can be adopted by the national courts when the action of the national administrative authorities is not compatible with EU fundamental rights. Finally, the article presents the most important findings concerning judicial protection of EU fundamental rights at the national level, especially from the perspective of the right to an effective remedy and to a fair trial stipulated by Article 47 of the EU Charter.  

3. Sovereignty and sources of law

2019 ◽  
pp. 87-121
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

scholarly journals Walking into the Footprint of EU Law: Unpacking the Gendered Consequences of Brexit

2018 ◽  
Vol 17 (2) ◽  
pp. 319-330 ◽  
Author(s):  
Roberta Guerrina ◽  
Annick Masselot
Keyword(s):  
National Level ◽  
Eu Law ◽  
The European Union ◽  
Employment Policy ◽  
Gender Policy ◽  
Gender Regimes ◽  
And Gender ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This article explores the gendered nature of the process of withdrawing from the European Union. Considering the EU is widely accepted as a gender actor, particularly in the context of employment policy, the marginality of these issues in current debates reflects a hierarchy in the value attributed to different policy areas that crystallizes the high-low politics binary. European led initiatives have undoubtedly changed the nature of equality policies in the Member States. Recent studies have also outlined how, and to what extent, EU policy contributes to shifts in gender regimes, gender policy and gender relations at the national level. Women in the UK have benefited greatly from membership of the EU/EEC; thus, looking at Brexit as a process provides a unique opportunity to reflect on the relationship, and patterns of influence, between European and national legislation.

scholarly journals Formation of the Domestic Dual Studies Pattern and Superposition of Stakeholders – The Case of Ukraine

2020 ◽  
pp. 36-57
Author(s):  
Tetiana Vasylieva ◽  
Olena Davlikanova
Keyword(s):  
National Level ◽  
Stakeholder Analysis ◽  
State Level ◽  
Ministry Of Education ◽  
Wide Range ◽  
System Functioning ◽  
Complex Project ◽  
The Impact ◽  
Engagement System

The article investigates the results of stakeholder analysis applied in the course of design and implementation of a national-level project aimed at Ukrainian dual studies management (DSM) system formation. The concept of dual studies (DS) was introduced and promoted in Ukraine thanks to a launched in 2013 project conducted by the Friedrich-Ebert-Stiftung Office in Ukraine (FES-Ukraine) in cooperation with the Ministry of Education and Science of Ukraine (MES), Ukrainian Marketing Association, a wide range of higher educational establishments (HEEs), employers, their associations and other interested parties. Being a complex project, it required deliberate approach to stakeholder analysis and classification that allowed shaping well-targeted strategies aimed at ensuring the required scope of stakeholders’ engagement. The authors applied the Mendelow’s Matrix of stakeholder classification; offered classification of stakeholders according to the DSM levels (macro or state level; meso or regional and sectoral level; and micro level or the level of HEE-company cooperation); and, in addition, in 2013 (launch of the project) and 2019 (launch of the national experiment of DSM introduction as a result of project activities) the authors conducted superposition of stakeholders in the “impact – engagement” system of coordinates. This approach demonstrated expected vs. caused impact of stakeholders on DSM introduction and their expected/real engagement into DSM system functioning in Ukraine. A superposition interference as of 2013 and 2019 demonstrated differences in the list and functions of stakeholders engaged into Ukrainian DSM system on the initial and current stages of its development. This allowed confirming the hypothesis concerning the impossibility of German DSM management system “import” without its adaptation to the national context.

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