scholarly journals European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (EC and Certain Member States–Large Civil Aircraft) (DS316)

2018 ◽  
Vol 17 (4) ◽  
pp. 700-706 ◽  
Author(s):  
Kholofelo Kugler
Keyword(s):  
European Union ◽  
Member State ◽  
Technological Development ◽  
Corporate Restructuring ◽  
German Government ◽  
Member States ◽  
Appellate Body ◽  
Civil Aircraft ◽  
State Financing ◽  
The Eu

This dispute relates to the compliance proceedings in which the panel and the Appellate Body found that that European Union (EU) and certain of the member States acted inconsistently with their obligations under the Agreement on Subsidies and Countervailing Measures (SCM Agreement). The types of measures at issue in the original panel proceedings include the Launch Aid/Member State Financing (LA/MSF) for, inter alia, the A300, A310, and A380; French and German government ‘equity infusions’ provided in connection with the corporate restructuring of Aérospatiale and Deutsche Airbus; certain infrastructure and related measures provided by the German and Spanish authorities; and research and technological development funding provided by the European Communities and certain member States. The EU replaced the terminated the A300 and A310 programmes with new LA/MSF programmes, including the A350XWB LA/MSF subsidies.

scholarly journals Russian-German initiative tackles infectious diseases

2007 ◽  
Vol 12 (19) ◽  
Author(s):  
Collective Editorial team
Keyword(s):  
European Union ◽  
Infectious Diseases ◽  
Member State ◽  
Union Member ◽  
Member States ◽  
Transnational Cooperation ◽  
European Union Member States ◽  
The Eu

Transnational cooperation is often essential when dealing with infectious diseases, and one challenge facing European Union Member States is finding ways to collaborate with partners outside the EU. An example of one Member State doing just this is the Koch-Metschnikow-Forum (KMF).

Subsidiarity breeds contempt

2011 ◽  
Vol 10 (2) ◽  
pp. 160-181
Author(s):  
David Fernández Vítores
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Member State ◽  
Member States ◽  
Community Law ◽  
Defensive Strategies ◽  
Design And Implementation ◽  
The United Kingdom ◽  
The Eu

When the principle of subsidiarity was introduced into Community law in 1992, it was hailed as a triumph of diversity over the previous uniformity of an excessively centralised European Union. It was generally believed to be an infallible way to preserve the cultural and linguistic heritage of each Member state, as it meant that responsibility for the design and implementation of educational, cultural and linguistic policies lay with the Member States. However, this transfer is not producing the desired results. On the contrary, it is helping to consolidate a monolingual tendency already observed in the EU since the United Kingdom joined the EU in 1973. In this context, the article examines the defensive strategies based on subsidiarity adopted by France and Germany and briefly assesses the outcome of these strategies.

scholarly journals The European Court of Justice and the Policy Process

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
European Union ◽  
Member State ◽  
Case Law ◽  
European Court Of Justice ◽  
The European Union ◽  
Member States ◽  
Administrative Practices ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states’ preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court’s case law. If rulings have constitutional status, their impact is considerable, even if the Court only occasionally diverts from member states’ preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court’s development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union and its member states, undermining the legitimacy of this political order.

scholarly journals La independencia de Escocia en la Unión Europea : los efectos de la secesión de territorios en la UE entre política y derecho = The independence of Scotland in the European Union : the effects of territories’ secession within the EU between Law and Politics.

2014 ◽  
Vol 1 (33) ◽  
pp. 69 ◽  
Author(s):  
Alberto López Basaguren
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Member States ◽  
Law And Politics ◽  
Special Procedure ◽  
Independent Member ◽  
The Eu

Este trabajo analiza el problema de los efectos en el interior de la UE de la recesión de territorios en el seno de sus Estados miembros, en relación a la hipotética independencia de Escocia, en el supuesto de un apoyo mayoritario a la opción independentista en el referéndum que va a tener lugar el próximo 18 de septiembre de 2104. Frente a la convicción inquebrantable de los promotores de la independencia de que Escocia, tras la independencia, permanecerá en la UE, como Estado miembro de pleno derecho y que la modificación de un status es una cuestión interna, casi una mera formalidad, este trabajo analiza los problemas que plantea la pretención escocesa, en la UE, entre Derecho y Política.This paper’s aim is to analyze the effects the secession of territories in the Member States can have within the EU, regarding the hypothetical independence of Scotland in the case a majority of Scotish citizens would back that opinion in the referendum on September 18, 2014. Those who are promoting and independent Scotland are completely convinced that the territory will remain in the EU, as an independent Member State, and that it will reach this new status from within the EU. In their mind, that is an EU’s «internal» matter, which doesn’t need any special procedure, as far as it would be just little more than a formality. On the contrary, this paper analyzes the issues a proposal like this of Scotland encounter within the EU both in the fields of Law and Politics.

The (Rebuttable) Presumption of the European Union Member States as ‘Safe Countries’ under the Dublin Regulation

2012 ◽  
pp. 240-255
Author(s):  
Cristina Contartese
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
European Court ◽  
Dublin Regulation ◽  
Effective Remedy ◽  
European Union Member States ◽  
The Eu

The purpose of this chapter is to analyze a particular aspect of the so-called Dublin Regulation, whose aim is to determine the European Union (EU) Member State responsible for examining an asylum application, that is, the presumption that the EU Member States are “safe countries.” Although the notion of “safe country” is on the base of the Dublin Regulation functioning mechanism, as it implies that any EU Member States can transfer an asylum seeker to any other EU country which is responsible, the authors contend that the safety of an EU Member State can be given as presumed for the purpose of asylum seekers. The analysis of the present work starts, firstly, with the examination of the notion of “safe country” under the Dublin Regulation. In the second part, relying on the European Court of Human Rights’ (ECHR) case-law, it will be discussed to what extent the Court of Strasbourg clarifies the notion of “safe countries” and the test it applies to it. Finally, the Commission’s proposal for a recasting of the Dublin Regulation will be analysed with the aim of foresee possible future developments of the EU law mechanisms to rebut such a presumption as applied to the EU Member States. It will emerge that in order to assess the safety of an EU Member State, attention has to be given to the prohibition of both direct and indirect refoulement as well as to the effective remedy at the EU Member State’s domestic level.

4. Direct actions in the Court of Justice of the European Union: Articles 258–260, 263, 265, 277, and 340 TFEU

2020 ◽  
pp. 65-89
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
European Commission ◽  
Judicial Review ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU (ex Articles 226 and 227 EC), respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations. Article 260 TFEU (ex Article 228 EC) requires compliance with the Court’s judgment. Article 263 TFEU (ex Article 230 EC) concerns judicial review of EU acts. The outcome of a successful action is annulment. Article 265 TFEU (ex Article 232 EC) provides for actions against the EU institutions for failure to act.

15. The Europeanization of Member State Policy

2012 ◽  
Author(s):  
Simon Bulmer ◽  
Claudio M. Radaelli
Keyword(s):  
Public Policy ◽  
European Union ◽  
Member State ◽  
Empirical Studies ◽  
Eu Enlargement ◽  
Member States ◽  
The Public ◽  
The Impact ◽  
European Union Member States ◽  
The Eu

This chapter examines the impact of Europeanization upon the public policy functions of European Union member states. It first explains why Europeanization of policy is a hot topic before describing types of Europeanization and characteristic patterns of governance in the EU. It then discusses the dynamics of Europeanization, focusing on the processes involved and the effects produced, and relates these processes and effects to categories of policy in order to map the Europeanization of public policy. It also analyses research considerations with respect to Europeanization and concludes with an assessment of the EU enlargement process as well as suggestions for conducting empirical studies to investigate the EU’s impact on member states.

1. The European Union and its Member States: An Overview

2012 ◽  
Author(s):  
Simon Bulmer ◽  
Christian Lequesne
Keyword(s):  
European Union ◽  
Member State ◽  
Domestic Politics ◽  
The European Union ◽  
Member States ◽  
The Relationship ◽  
The Eu

This chapter provides an overview of the European Union and its member states. It first explains why the member states matter in the EU before discussing the role of member states in the EU, with particular emphasis on three approaches to understanding member state-EU relations: intergovernmentalism, institutionalism, and governance approaches. It then examines the Europeanization of the member states as well as the domestic politics approach, which claims that it is impossible to understand the EU without considering domestic politics. It concludes by presenting the logic and structure of this volume: how the relationship between the EU and its member states will be portrayed in the chapters that follow.

4. Direct actions in the Court of Justice of the European Union: Articles 258–260, 263, 265, 277, and 340 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
European Commission ◽  
Judicial Review ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU (ex Articles 226 and 227 EC), respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations. Article 260 TFEU (ex Article 228 EC) requires compliance with the Court’s judgment. Article 263 TFEU (ex Article 230 EC) concerns judicial review of EU acts. The outcome of a successful action is annulment. Article 265 TFEU (ex Article 232 EC) provides for actions against the EU institutions for failure to act.

The Member States of the European Union

2020 ◽  
Keyword(s):  
European Union ◽  
Member State ◽  
Individual Member ◽  
Domestic Institutions ◽  
The European Union ◽  
Member States ◽  
Geographical Regions ◽  
State Relations ◽  
The Impact ◽  
The Eu

The Member States of the European Union combines a study of individual member states with an examination of the broader process of Europeanization. Examining both sides of this crucial relationship, this text provides a useful guide to EU member state relations. This third edition has been updated to summer 2019 and includes chapters on eight member states from different geographical regions and dates of accession. These are followed by seven thematic chapters on the Europeanization of structures, actors, and processes within the pre-Brexit EU 28. The Member States of the European Union helps understanding the influence of Member States in the EU but also the impact the EU has on the domestic institutions, politics, and policies of each member state.

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