T. Treves; L. Pineschi, eds., The Law of the Sea: The European Union and its Member States, Martinus Nijhoff Publishers, The Hague 1997, xxiv + 590 pp., $ 192/£ 130/Dfl. 295. ISBN 90-411-0326-0.

1998 ◽  
Vol 45 (01) ◽  
pp. 149
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
European Union ◽  
Law Of The Sea ◽  
The European Union ◽  
Member States ◽  
The Hague ◽  
The Law

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 43 European Union: European Union Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Graziano Thomas Kadner ◽  
Garcimartín Francisco ◽  
Van Calster Geert
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Choice Of Law ◽  
Foreign Law ◽  
The Hague ◽  
The Law ◽  
Contractual Obligations ◽  
Rome I ◽  
The Eu

This chapter evaluates European Union perspectives on the Hague Principles. The Rome I Regulation on the law applicable to contractual obligations is the most important instrument for determining the law governing international commercial contracts in the EU. It is a legislative act of the European Union and directly applies in all Member States of the European Union except for Denmark. For many issues, the Rome I Regulation is in conformity with the Hague Principles. Where the Hague Principles cover issues that have not yet been explicitly addressed by the Rome I Regulation, such as choice of law clauses in standard forms in Article 6(1)(b) of the Hague Principles, the European legislator may very well take the Hague Principles into consideration when amending the Regulation. In fact, the European legislator regularly takes inspiration from international and foreign law when legislating, amending the law, or covering new issues. In academic commentary, it has been suggested that the next revision of the Rome I Regulation shall, for certain issues, indeed take inspiration from the Hague Principles.

scholarly journals European Union citizenship: The acquisition of nationality and the ever-expansive reach of the European Court of Justice

2021 ◽  
Author(s):  
◽  
Bridgette K. McLellan
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Union Citizenship ◽  
The Law ◽  
Principle Of Proportionality

<p>European Union citizenship was established by the Treaty of Maastricht in 1992. Intended to fall within the exclusive prerogative of the Member States, it soon became clear that the autonomy of Member States to determine matters relating to nationality would be restricted by the ever-expansive reach of the European Court of Justice. As such, the European Court of Justice transformed the law on citizenship in the 2010 case of Rottmann where measures affecting or depriving the rights conferred and protected by the European Union were held to fall within the scope ratione materiae of European Union law. While Rottmann affirmed the law as to the deprivation of European Union citizenship, it left unanswered the question whether the acquisition of nationality also falls within the scope of European Union law. This paper aims to identify and analyse the law arising post-Rottmann to determine whether the acquisition of nationality could fall within the scope of European Union law. It shall then analyse whether fundamental principles of European Union law, namely the principle of proportionality, could be applied in order to regulate the conditions imposed by Member States in relation to the acquisition of nationality.</p>

scholarly journals Staatsbürgerschaft als Ware – von Goldenen Pässen und der Europäischen Union

2021 ◽  
Vol 81 (4) ◽  
pp. 1033-1058
Author(s):  
Julien Berger
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
European Citizenship ◽  
The World ◽  
National Citizenship ◽  
The Law ◽  
The Eu

Citizenship as a Commodity – of Golden Passports and the European Union “Golden passport” schemes are increasingly gaining popularity around the world. Meanwhile, this trend has also reached the European Union. It now threatens to lead to a partial commercialisation of both national citizenship and the European citizenship. This contribution examines the evolution of national citizenship law through “golden passports” and addresses the question of the compatibility of such programs with the law of the European Union. It thereby reveals the difficulty of reconciling the sovereignty of member states in matters of nationality with the principle of sincere cooperation in the EU.

scholarly journals DEVELOPMENT OF BANK ASSURANCE IN THE REPUBLIC OF MACEDONIA

2019 ◽  
Vol 30 (1) ◽  
pp. 93-98
Author(s):  
Nikola Dacev
Keyword(s):  
European Union ◽  
New Technologies ◽  
Distribution Channel ◽  
Developed Countries ◽  
The European Union ◽  
Member States ◽  
Insurance Supervision ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic

Banking has gained a new dimension throughout the world in the last few decades due to the integration of global financial markets, the development of new technologies, the universalization of banking operations and diversification into non-banking activities. The merging of various financial services has provided synergies in the banks' operations and development of new concepts. One of these concepts is bank insurance (or banc assurance). Banc assurance, as an emerging distribution channel of insurance, essentially is defined as mediation of banks in the sale of insurance policies issued by insurance companies that are most often used as additional collateral for banks when giving loans to their clients, while the clients with the purchase of credit insurance through banks are secure in case of inability to pay off the loan due to occurrence of the insured risk, whereby the insurer covers the remaining debt of the client towards the bank. Banc assurance is much more developed in Western European countries, but in recent years this type of insurance has noted a trend of growth in the less developed countries also. Banks in the Republic of Macedonia, as well as banks in other countries in the region, try to encourage the development of banc assurance, but it still has a low level of growth in comparison with the European Union member states. This paper presents the level of development of banc assurance as well as its share in the insurance market in the Republic of Macedonia by analyzing the annual reports of the Insurance Supervision Agency of the Republic of Macedonia for the past few years. Consequently, an appropriate comparison was made between the realized values of the gross written premium of the banks as intermediaries in insurance with the realized values of the gross written premium of the other insurance intermediaries (insurance brokerage companies and insurance agencies); and a brief comparison was made with the share of banc assurance in the insurance markets in several countries in the region. The purpose of the paper is to determine the reasons for the situation in which the banc assurance in the Republic of Macedonia is, to analyze the need and the possibility for its development, as well as to determine the manners for banc assurance to reach the level of development in the member states of the European Union as soon as possible. For this purpose, an adequate analysis of the level of implementation of the European Directives for banc assurance (such as the Directive on Insurance Mediation and the Directive on Insurance Distribution) in the legal framework of the Republic of Macedonia has been carried out, as well as analysis of the national legislation regulating banc assurance in the Republic of Macedonia, covered in couple of provisions in the Law on Banks and the Law on Insurance Supervision.

scholarly journals The European Union and Migration: An Interplay of National, Regional, and International Law

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 509-513
Author(s):  
Iris Goldner Lang
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Member States ◽  
Global Migration ◽  
Eu Member States ◽  
The Law ◽  
Migration Law ◽  
The Eu ◽  
Third Country Nationals

If global migration law “includes all levels of the law,” then the European Union represents the most developed instance of the interplay of national, regional, and international law. Migration law in the European Union involves the interaction of EU Member States’ national laws, EU regional law, and international law. This complex interchange of different migratory legal regimes is the consequence of diverse, and sometimes conflicting, objectives and interests of the Union and its Member States, and the nature of EU law itself. This essay explores the impact of these three levels of the law on the four migratory regulatory categories—EU citizens, “desirable” third-country nationals, asylum seekers, and all other third-country nationals—and the three objectives associated with these categories. The predominance of one legal regime over another varies depending on the regulatory category of migrants and the objectives associated therewith. While describing the existing legal systems, the essay outlines their attributes and shortcomings, the most prominent being: a clear rift between the rights granted to EU citizens and to third-country nationals; EU Member States’ determination to reserve to their respective national territories a high level of national control over labor migration; and significant deficiencies of the EU asylum law which were brought to the surface by the recent refugee influx into the EU.

The European Union and Law of the Sea Convention at the Age of 30

2012 ◽  
Vol 27 (4) ◽  
pp. 711-721 ◽  
Author(s):  
Ronán Long
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Working Party ◽  
Law Of The Sea ◽  
The European Union ◽  
Eu Policy ◽  
The Law ◽  
The Eu

Abstract Several factors that have contributed to the success of the Law of the Sea Convention as a blueprint for the regulation of oceanic activities in the European Union (EU) are outlined, including the comprehensive nature of the Convention, the role of the Working Party on the Law of the Sea (COMAR) in coordinating EU policy, as well as the EU approach to dispute settlement and to global oceanic affairs.

MAIN DIRECTIONS OF ADAPTATION OF UKRAINIAN LEGISLATION TO EU LAW

2017 ◽  
Author(s):  
Daryna Kosinova ◽  
◽  
Daryna Tkach ◽  
Vladyslav Melnychenko ◽  
◽  
...  
Keyword(s):  
European Union ◽  
International Agreements ◽  
The European Union ◽  
Public Authorities ◽  
Member States ◽  
The Status ◽  
Annual Reporting ◽  
History Of ◽  
The Law ◽  
Energy Community

The article is devoted to defining the essence and main directions of adaptation of the legislation of Ukraine to the law of the European Union. The meaning of the term "adaptation" and the peculiarities of its legislative consolidation are established. In addition, the peculiarities of the process of adaptation of the legislation of Ukraine to the acquis communautaire (acquis) are determined. The article analyzes the history of the idea of adapting the legislation of Ukraine to the law of the European Union through the prism of concluded international agreements, according to which Ukraine has undertaken to reform its own legislation. The essence and significance of the most important of them are clarified: Partnership and Cooperation Agreements between Ukraine and the European Communities and their Member States (PCA) of June 14, 1994, which became one of the main elements of creating an institutional mechanism for adaptation and regulatory framework. for the consistent and effective implementation of this important vector of legal reform; Association Agreements between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, which has become the largest international legal instrument in the history of Ukraine and the largest international treaty with a third country ever concluded by the European Union. The article analyzes the main legal acts of national legislation on the implementation of the provisions of international agreements to bring the legislation of Ukraine in line with the EU acquis. The annual reporting is detailed, which details the activities of public authorities in each of the areas of adaptation. Based on this reporting, the article analyzes the fulfillment of Ukraine’s commitments and the status of their fulfillment in percentage terms. In addition, an assessment is made of the effectiveness of the activities of public authorities in taking measures to implement Ukraine’s commitments and identifies the main areas for improving their activities.

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