Nanomaterials under REACH: Legal Aspects

2010 ◽  
Vol 1 (1) ◽  
pp. 51-62 ◽  
Author(s):  
Jean-Philippe Montfort ◽  
Giovanni Indirli ◽  
Daniela Georgieva ◽  
Claire-Marie Carrega
Keyword(s):  
Market Access ◽  
Regulatory System ◽  
Legal Framework ◽  
Legal Aspects ◽  
Chemical Substance ◽  
The European Union ◽  
Member States ◽  
Legislative Changes ◽  
Reach Regulation ◽  
The Eu

At the time that REACH was being drawn up, the issue of nanomaterials was only in its infancy, so no specific provisions were adopted in the REACH Regulation to address them. While everyone recognises the important industrial and competitiveness potential of nanomaterials, the uncertainties over their potential impact on human health and the environment are also highlighted, triggering calls for a review and possible adaptations to the regulatory system in place. With respect to REACH, the Commission has started to consider possible legislative changes; however, these are likely to take several years to materialise. In the meantime, some Member States are considering initiatives to impose national rules, including reporting schemes and labelling requirements. The legality of these measures is questionable, however, considering that REACH today applies to nanomaterials, as also to any other chemical substance and that the REACH Regulation is regarded as totally harmonising the market access conditions for chemical substances in the EU.Our article summarises the current regulatory status of nanomaterials under REACH and specifies the legal framework under which the legality of national initiatives contemplated by the Member States to regulate nanomaterials must be reviewed. It is the view of the authors that Member States cannot rely on the argument that REACH does not contain specific provisions on nanomaterials, nor require registration of substances manufactured or imported below 1 tonne, to consider that the matter is not totally harmonised under EU law and thus justify the adoption of national measures to regulate nanomaterials. However, Member States can use the REACH processes, including the evaluation, authorisation and restriction processes to propose conditions for or restrictions of the marketing and use of nanomaterials at the EU level, in the conditions specified in the Regulation. They can also trigger the application of the safeguard clauses of REACH and of the Treaty on the Functioning of the European Union. It is only within that strict framework that reference to the precautionary principle can be made to justify the introduction of national measures.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

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.

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

Support for Renewable Energies and the Creation of a Truly Competitive Electricity Market

2018 ◽  
Author(s):  
Iñigo del Guayo Castiella
Keyword(s):  
Electricity Market ◽  
Legal Framework ◽  
Renewable Energies ◽  
The European Union ◽  
Member States ◽  
Governmental Support ◽  
Reduced Costs ◽  
State Aids ◽  
The Eu ◽  
Energy Package

Early in the EU liberalization process, renewable energies needed governmental support in a market dominated by traditional sources. Support was considered an exception to prohibition of governmental promotion of indigenous national energy sources. The Climate and Energy Package changed this perspective, leading to the 2009 Directive, allowing member states to enforce support schemes promoting renewable energies. Conflicts emerged between some schemes and the rules on state aids of the Treaty on the Functioning of the European Union. Deficient stability of support schemes must yield to a more predictable legal framework. The proposed substitute renewable energies Directive must be read in light of reinforcements of EU sustainable energies policies and 2015 Paris Agreement commitments. Renewable energies technology innovation has reduced costs and governmental support is somehow redundant. The future Directive provides rules that are compatible with competition and on the need to support generation from renewable energies in other member states.

scholarly journals Groundwater Protection as an Essential Component of Water Management in the European Union in the Light of Modern Integration Processes: Legal Aspects of the Problem

2019 ◽  
Vol 8 (3) ◽  
pp. 354
Author(s):  
Iryna Iefremova ◽  
Iryna Lomakina ◽  
Nataliia Obiiukh
Keyword(s):  
Water Management ◽  
Groundwater Protection ◽  
Legal Framework ◽  
Legal Aspects ◽  
Water Protection ◽  
The European Union ◽  
Eu Countries ◽  
Eu Legislation ◽  
Quality Of Water ◽  
The Eu

In the context of exacerbation of environmental problems that are global in nature, it is necessary to assess the opportunities and development prospects of environmental policy not only at the international level, but also at the regional European level. In this regard, the focus of our article is to consider the problem of protecting groundwater as a strategic natural resource and to analyze the practice of applying European directives on water quality and protection of groundwater in EU countries. In the EU, the basic legal framework for water protection is defined in the Water Framework Directive that determines the need to develop monitoring programs and basin water management plans to improve the quality of water in the EU by the member states. However, taking into account the fact that groundwater, especially drinking artesian water, is vulnerable to pollution, improvement of the legal groundwater protection system and the search for rational groundwater protection practices implemented in the EU countries are vitally necessary. Therefore, the paper aims to explore the ways of EU legislation development in the field of water resources protection, identifying the main areas of groundwater protection and analyzing the legal means used in certain EU countries, in particular, Austria, Germany, as well as identifying priorities and objectives for Ukraine on the way to integration into the system of European water legislation. Keywords: EU legislation, groundwater, groundwater pollution, groundwater use, water management, water protection.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

Regulatory Agencies of the European Union as International Actors

2013 ◽  
Vol 4 (4) ◽  
pp. 479-492 ◽  
Author(s):  
Martijn Groenleer ◽  
Simone Gabbi
Keyword(s):  
International Organizations ◽  
Active Role ◽  
Legal Framework ◽  
State Agencies ◽  
The European Union ◽  
Member States ◽  
Dynamic Perspective ◽  
International Role ◽  
The One ◽  
The Eu

EU agencies, such as the European Food Safety Authority (EFSA), are usually created in an environment that is replete with other organizations, not only other European bodies and member state agencies, but also international organizations and third country agencies. Through their interactionwith EUagencies, these international organizations and third country agencies may affect policies, policymaking processes, institutions and behaviour in the EU and its member states. But EU agencies do not necessarily serve as passive channels for the interaction between international organizations and third country agencies, on the one hand, and the EU institutions, on the other hand. They often seem to play an active role as policy entrepreneurs,making use of the opportunities offered by the policies and policymaking processes of these organizations and agencies to influence institutions and behaviour in the EU and its member states. The above raises the question of what international role EFSA actually has performed: has it, despite the formal-legal restrictions put in place by the EU institutions, been able to act relatively autonomously at the international level? In order to address this question, this article examines EFSA's international relations, notably those with international organizations and third country agencies in its field of action. It adopts a dynamic perspective, describing these relations throughout the agency's development. The article demonstrates that EFSA has developed a considerable international role, despite the relatively limited scope of action allowed by its legal framework, and shows that this development has been driven by both functional needs and strategic motives.

scholarly journals Considerations on the Infringement Procedure against Romania

2022 ◽  
Author(s):  
Crina Mihaela Verga ◽  
◽  
◽  
◽  
◽  
...  
Keyword(s):  
European Union ◽  
Good Practice ◽  
Legal Framework ◽  
Comparative Methods ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Relevant Case ◽  
The Eu

This paper is a study of the infringement procedure, as it is regulated at EU level. Thus, we first analyze the existing legal framework on the matter. The implementation of this procedure in various Member States of the European Union and its consequences are then presented. Last but not least, the article refers to a series of aspects regarding the fields in which the procedure was directed against Romania since its integration into the EU. The purpose of the essay is to present in detail Romania's situation regarding the violation of EU’s law.Thus, a comparative presentation throughout time of the number of such proceedings launched against the Romanian state was made.A relevant case in which Romania was tried and convicted was also presented in detail.The large number of cases launched in 2021 highlights the delays registered by Romania on the matter. The measures ordered by the Romanian government through the elaborated the Annual Transposition Plan-2021must be carefully and systematically implemented. Romania could also consider and effectively apply the examples of good practice from the other EU’s member states. The historical and the comparative methods used in this presentation reveal both the similarities between the application of this procedure in the EU Member States under review as well as the differences and its succession in time. The article is important not only for the scientists, but also for the practitioners to dispose all the necessary measures that are required.

scholarly journals Combating Disinformation in the European Union: Legal Aspects

2021 ◽  
pp. 245-262
Author(s):  
Oksana Zvozdetska
Keyword(s):  
European Union ◽  
Action Plan ◽  
Self Regulation ◽  
Legal Framework ◽  
Legal Aspects ◽  
The European Union ◽  
Political Awareness ◽  
Code Of Practice ◽  
Digital Ecosystem ◽  
The Eu

Today, both Ukraine and European countries are subject to disinformation and foreign intervention in their domestic policies. Each democracy no matter its geography experiences its distinct vulnerabilities and respectively, reactions to foreign interference. It should be stated, the immediate responses to such challenges in most Western countries have been rare and sluggish, hampered by legal constraints and bureaucracy, and furthermore, they lacked a real political awareness of the problem or proof of its further impact. Foreign actors are increasingly using disinformation strategies to influence public debate, stir controversy and interfere in democratic decision-making. Responding to these new challenges, the European Commission has introduced a set of actions and tools to better regulate the digital ecosystem of the media and its participants, in particular, the formation and improvement of the legal framework to combat disinformation in the European information space. The researcher’s focus revolves around the European Union’s comprehensive approach to vigorous combating misinformation. The research data prove that since 2015, the EU has adopted a number of regulations to counter this information threat and the potential effects of foreign interference. In particular, in 2016 the EU adopted a document “Joint Framework on countering hybrid threats, a European Union response”, and “Action Plan against Disinformation”, respectively in 2018. These documents provide a baseline for understanding the diverse types of challenges other countries face and how they are addressing them. Consequently, a number of initiatives and projects of the European institutions, and the first worldwide self-regulatory “EU Code of Practice on Disinformation” issued in 2018 on a voluntary basis, have become main pillars of the EU. The Code identifies issues related to ensuring the transparency of political advertising, strengthening efforts to close active counterfeits. accounts, enabling users to report misinformation and access various news sources, while improving the visibility and reliability of authoritative content; enabling the research community to monitor disinformation on the Internet through access to these platforms, compatible with the confidentiality signed by the largest Internet platforms and social media (Google, Facebook, Twitter and Mozilla) in the framework of WMC self-regulation activities. It should be noted that the implementation of the “European Union Code of Practice on Countering Disinformation” has yielded ambiguous fruits. Self-regulation was the first logical and necessary step, but few stakeholders were fully satisfied with the process or its outcome, significant challenges remain for building trust through industry, governments, academia and civil society engagement.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

Sign in / Sign up

Export Citation Format

Share Document