“What Belongs Together Can Now Grow Together” – The German Unification Process And Its Legal Impact

1996 ◽  
Vol 24 (1) ◽  
pp. 25-35
Author(s):  
Holger Knudsen
Keyword(s):  
European Union ◽  
German Democratic Republic ◽  
Democratic Republic ◽  
German Unification ◽  
The European Union ◽  
International Treaties ◽  
Limited Space ◽  
The Many ◽  
Final Settlement ◽  
Multidimensional Process

Since 1990, countless scientific books and articles have been published on the topic of the unification of Germany. I did not mean to add another learned contribution to a subject where everything that could have possibly been said and written has been said and written. I rather intended to familiarize the audience with a rather complex and multidimensional process within the limited space of time of a conference. This, alas!, compelled undue simplification from me. In order not to further complicate a difficult enough subject I felt, above all, constrained to concentrate on the intra-German aspects of unification. As a result, I deliberately had to leave the many international and external problems and developments out of account. This is particularly true for the Treaty on the Final Settlement with respect to Germany (Two-plus-four Treaty) of September 12, 1990, and the Polish-German Border Treaty of November 14, 1990, as well as the termination of international treaties to which the former German Democratic Republic was a party, and Germany's membership in the European Union and NATO after the unification.

The Union of Laughter and Forgetting? The European Union and the Construction of its own History

2006 ◽  
Author(s):  
Hernan Tesler-Mabe
Keyword(s):  
European Union ◽  
Great Part ◽  
The European Union ◽  
European Constitution ◽  
Close Study ◽  
Dramatic Shift ◽  
One Year ◽  
The Many ◽  
Teleological Interpretation ◽  
Compare And Contrast

As recently as one year ago, the European Union was seemingly on a direct path toward its avowed goal of "ever closer union." In numerous publications, EU authorities asserted that they had the confidence of European peoples desirous only of further integration. In the wake of the failed referenda for a European Constitution, however, enthusiasts of European Union can no longer be certain that their enterprise will succeed. The European Union, once strong and united, seems now an entity teetering on the edge of collapse. The reasons for such a dramatic shift are, of course, wide-ranging. Yet I would suggest that a great part of the general European disillusionment with European Union has come about as a result of the actions of the Europeanists themselves. Over the last decades, European officials have exhibited a frightfully high incidence of revisionism in their literature. This practice, I argue, has caused many Europeans to question the integrity of the project of European Union. For my presentation, I intend to undertake a close study of a selection of documents published by the European Communities. In this endeavour, I will compare and contrast the messages imparted in different editions of these works and consider the semiotic significance of the textual and non-textual language appearing therein. In this manner, I hope to achieve two aims. First, I mean to add a corrective element to a literature that, guided by a teleological interpretation of integration, endows integration with”logic" to be found only in hindsight. Second, I intend to examine the many meanings that the EU has had over its history and assess how closely policy has adhered to the ideological goals of prominent Europeanists. In sum, I hope to shed light on the fundamental disconnect between advocates of Europe and the "man on the street" and help establish a dialogue which may contribute to resolving the current impasse within the European Union. Full text available: https://doi.org/10.22215/rera.v2i4.178

THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOs) AS INTERMEDIARIES OF THE EUROPEAN UNION DECISION TO ADOPT INTERNATIONAL ACCOUNTING STANDARDS: 1973–2002

2016 ◽  
Vol 43 (2) ◽  
pp. 59-127 ◽  
Author(s):  
Devrimi Kaya ◽  
Robert J. Kirsch ◽  
Klaus Henselmann
Keyword(s):  
European Union ◽  
Accounting Standards ◽  
International Accounting ◽  
International Accounting Standards ◽  
The European Union ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
History Of ◽  
The Many

This paper analyzes the role of non-governmental organizations (NGOs) as intermediaries in encouraging the European Union (EU) to adopt International Accounting Standards (IAS). Our analysis begins with the 1973 founding of the International Accounting Standards Committee (IASC), and ends with 2002 when the binding EU regulation was approved. We document the many pathways of interaction between European supranational, governmental bodies and the IASC/IASB, as well as important regional NGOs, such as the Union Européenne des Experts Comptables, Économiques et Financiers (UEC), the Groupe d'Etudes des Experts Comptables de la Communauté Économique Européenne (Groupe d'Etudes), and their successor, the Fédération des Experts Comptables Européens (FEE). This study investigates, through personal interviews of key individuals involved in making the history of the organizations studied, and an extensive set of primary sources, how NGOs filled key roles in the process of harmonization of international accounting standards.

scholarly journals Externalizing Migration Management through Soft Law: The Case of the Memorandum of Understanding between Libya and Italy

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Martino Reviglio
Keyword(s):  
European Union ◽  
International Migration ◽  
Critical Discussion ◽  
International Organization ◽  
Soft Law ◽  
Illustrative Case ◽  
The European Union ◽  
Migration Management ◽  
The Many ◽  
Law Making

Abstract The externalization of migration management to third countries is becoming a recurrent phenomenon in international migration management. Soft law instruments emerged as an important strategy to externalize migration management to third countries through international migration agreements. In particular, in the last years the European Union and some member states have adopted bilateral and multilateral migration agreements in order to diminish the arrival of migrants in Europe. These agreements in the form of soft law instruments are problematic because do not follow the ordinary process of law making and thus it is difficult to assess their legal effectivity. The memorandum of understanding signed in February 2017 between Libya and Italy represents an illustrative case of the process of externalizing migration management through soft law. From a critical discussion of the memorandum, many problems in relation to its legal and material validity follow. In particular, the protection of migrants’ human rights in Libya is not guaranteed as the many international organization and NGOs reports indicate.

Euroatlanske integracije i savremeni izazovi razvojne politike javnog komuniciranja u Bosni i Hercegovini

2017 ◽  
pp. 33-50
Author(s):  
Mirza Mehmedović
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Information Needs ◽  
Political Organization ◽  
Media Policy ◽  
Specific Information ◽  
The European Union ◽  
Public Media ◽  
The Government ◽  
The Many

In the middle of the second decade of the twenty-first century, Bosnia and Herzegovina is at the crossroads of political, economic and cultural revitalization of the society as a country that declarative aims for application of European principles of political organization and the membership in the European Union. On this way there are many open issues that are the result of twenty years of political and economic stagnation or collapse of all elements that should be the foundation for the stabilization of a modern democratic society in Bosnia and Herzegovina. The internal reconstruction of the political system and the revitalisation of the institutions of the government or different holders of political reforms means at the same time the fulfilment of the conditions of accession to Euro-Atlantic integration. The development of a unified media policy in Bosnia and Herzegovina, and the establishment of public media service in accordance with the requirements of the European Union and the interests of all citizens are the top issues among the many current challenges that we have to deal with in the future. But for Bosnia and Herzegovina it is not exclusively the interest of communicational research. It must be necessarily seen in the wider context as a political, cultural and economic issue, because the establishment of a single media/communication system is one of the key requirements for a political compromise, the integration of society and the harmonization of other common (primarily economic) interests for all citizens of Bosnia and Herzegovina. One of the key requirements for defining a unified media policy in Bosnia and Herzegovina is agreeing / reconciliation of all complex (heterogeneous) cultural characteristics, as well as the specific characteristics of modern communication situation in a model that would respond to the specific information needs of citizens and the standards applied by the European Union.

ANALYSIS OF THE NATURE OF THE EUROPEAN DIGITAL TAX IN COMPARISON WITH THE CURRENT VAT SYSTEM AND ITS IMPACT ON THE ECONOMY AND MANAGEMENT OF ECONOMIC ENTITIES

2021 ◽  
Vol 2 (4) ◽  
pp. 42-48
Author(s):  
S. V. ZAYTSEV ◽  
Keyword(s):  
European Union ◽  
Civil Society ◽  
European Commission ◽  
Value Added ◽  
The European Union ◽  
Value Added Tax ◽  
Short Term ◽  
Low Level ◽  
Digital Services ◽  
The Many

In March 2018 the European Commission presented a proposal to adopt a digital services tax (DST) on certain types of revenues of multinational digital Companies. The purpose of the digital services tax is to compensate in the short term for the low level of corporate taxation of these companies in the European Union and thus meet the urgent need of civil society for greater tax fairness. DST is presented as an indirect tax on turnover and is often compared to value-added tax (VAT). In this article, the author seeks to highlight the many differences that exist between the harmonized European Union VAT and the new DST. In addition, the author challenges the idea that the DST will actually be an indirect tax and, most importantly, that it will effectively increase tax justice in the European Union.

scholarly journals Promoting EU values in international agreements

2021 ◽  
Vol 2 (11) ◽  
Author(s):  
JANČÍKOVÁ Eva ◽  
PÁSZTOROVÁ Janka
Keyword(s):  
European Union ◽  
Industrial Relations ◽  
International Agreements ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
New Model ◽  
Trade Relations ◽  
The Right ◽  
High Level

Within the framework of external relations policy as a subject of international law, the European Union has the right to negotiate, conclude, amend and terminate international agreements on its own behalf, i.e., it has competences granted on it in this area by the Treaties. International agreements concluded at European level are results of an agreement between parties and belong to the sources of European Union Law. Current practice in concluding international agreements at the level of the European Union proves that trade and investment agreements contain provisions concerning civil society, labor relations andenvironment. The scientific study opens a discussion on a new model of international agreements which, in addition to trade relations, contain provisions on the social status of employees of the parties and on sustainable development. This new model of international treaties is supported by all Member States. The systems analysis shows that the European Union no longer acts as an economic-integration grouping towards third countries, but as an international organization that takes into account high level of environmental protection and the protection of employees' industrial relations.

scholarly journals Relationship between national, international and European law within the constitutional review in Romania

2016 ◽  
pp. 91-107
Author(s):  
TUDOREL TOADER ◽  
MARIETA SAFTA
Keyword(s):  
European Union ◽  
Member State ◽  
Legal Order ◽  
Constitutional Court ◽  
European Law ◽  
The European Union ◽  
International Treaties ◽  
Constitutional Review ◽  
Exclusive Jurisdiction ◽  
Constitutional Identity

The Constitutional Court has ruled that, by adhering to the legal order of the European Union, Romania agreed that, in those areas where exclusive jurisdiction is conferred on the European Union, regardless of the international treaties priorly signed, implementation of its obligations arising therefrom is subject to the rules of the European Union. Otherwise, this would result in the undesirable situation where, through bi or multilateral internationally assumed obligations, Member State would seriously affect the Union’s competence and, in practice, would act in its place in the aforementioned areas. For this reason, in the field of competition, any State aid falls within the competence of the European Commission and appeal proceedings fall within the jurisdiction of the European Union. Therefore, pursuant to Article 11 para. (1) and Article 148 para. (2) and (4) of the Constitution, Romania applies in good faith the obligations resulting from the Accession Instrument, without interfering with the exclusive competence of the European Union and, by virtue of the compliance clause contained in the text of Article 148 of the Constitution, Romania cannot adopt a legislative act contrary to the obligations assumed as a Member State. All those already highlighted are subject to certain limitations, expressed in what the Court described as “national constitutional identity”.

Non-EU Legal Instruments (EFSF, ESM, AND Fiscal Compact)

2020 ◽  
Author(s):  
Francesco Martucci
Keyword(s):  
European Union ◽  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Fiscal Discipline ◽  
Member States ◽  
The United Kingdom ◽  
Fiscal Compact ◽  
Angela Merkel

‘Another Legal Monster?’ That was the question asked by the Law Department of the European University Institute on 16 February 2012 in a debate about the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), also known as the Fiscal Compact Treaty. On 2 March 2012, twenty-five Member States of the European Union minus the United Kingdom and the Czech Republic signed the TSCG. A month before, on 2 February 2012, the euro area Member States signed the Treaty Establishing the European Stability Mechanism (ESM Treaty), another legal monster. In both cases, the monstrosity lies in the fact that Member States have preferred to conclude an international treaty, rather than to use the European Union (EU) institutional system. Why did the European Commission not propose a legislative act to establish a financial assistance mechanism in the Eurozone and strengthen the fiscal discipline in the EU? Does this mean the end of community method and a victory for the intergovernmental method? As Herman Van Rompuy commented about the crisis; ‘often the choice is not between the community method and the intergovernmental method, but between a co-ordinated European position and nothing at all’. In 2010, Angela Merkel defended her vision of a new ‘Union Method’ in a speech held at the College of Europe. This approach can be defined by the following description: ‘co-ordinated action in a spirit of solidarity–each of us in the area for which we are responsible but all working towards the same goal’. Each of us means the European institutions and Member States. The new ‘Euro-international’ treaties (or inter se treaties) raise a number of questions regarding their compatibility with EU law, implications for the Union legal system, institutional balance, national sovereignty and democratic accountability. These questions are all the more important because international treaties raise a number of questions on their compatibility with EU law, implications for the Union legal system and institutional balance.

Part IV Access to Protection and International Responsibility-Sharing, Ch.28 The Evolution of Safe Third Country Law and Practice

2021 ◽  
Author(s):  
Freier Luisa Feline ◽  
Karageorgiou Eleni ◽  
Ogg Kate
Keyword(s):  
European Union ◽  
The European Union ◽  
International Treaties ◽  
Bilateral Agreements ◽  
International Solidarity ◽  
Legal Principle ◽  
International Responsibility ◽  
North And South America ◽  
North And South ◽  
Asylum Seekers And Refugees

This chapter details how States and regions use safe third country (STC) practices to deny protection to asylum seekers and refugees on the grounds that they have, or may have, protection in another country. The STC notion originated in Switzerland in 1979, spread throughout Europe in the 1980s, and was adopted by the European Union and countries such as Australia and Canada in the 1990s. Since then, developments in STC law and practice globally include new bilateral agreements, reforms to STC provisions in domestic and supranational legislation, and landmark decisions of superior courts. The chapter studies these changes in Europe, Australia, and North and South America, focusing in particular on the period from 2010 to 2020. It argues that there has been a dilution of STC protection standards in these four regions. The thresholds for effective protection have diminished and are lower than the minimum laid down in international treaties. Moreover, in the introduction and evolution of these STC practices, lawmakers and judges have disregarded the legal principle of international solidarity. While STC practices have long been critiqued as burden-shifting rather than -sharing, new STC law and jurisprudence exacerbates inequities between States with respect to responsibility for hosting refugees.

Part II UK Securities Markets, 4 Recognized Investment Exchanges (RIEs) and Recognized Clearing Houses (RCHs)

2021 ◽  
Author(s):  
Penn Bob ◽  
Forzani Alex ◽  
Allen & Overy LLP
Keyword(s):  
European Union ◽  
Financial Services ◽  
Securities Markets ◽  
Financial Instruments ◽  
The European Union ◽  
Financial Contracts ◽  
The Uk ◽  
Final Settlement ◽  
Market Infrastructure

This chapter summarizes and discusses the UK regulatory framework for recognized investment exchanges (RIEs) and recognized clearing houses (RCHs) under the Financial Services and Markets Act 2000 (FSMA). It considers the framework in light of the current and forthcoming European legislation. It also examines the applicability of the framework to RIEs and RCHs in the context of the recast Markets in Financial Instruments Directive II (MiFID II), European Market Infrastructure Regulation (EMIR) and the UK's departure from the European Union (Brexit). This chapter outlines the central role of exchanges and clearing houses in the operation of financial markets. It explains that the exchanges offer marketplaces for the trading of financial instruments, provide market data which facilitates trading, and establish standards for the offering of securities, while clearing houses manage the performance of financial contracts between the point of execution and final settlement and mitigating the risk and consequences of default.

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