scholarly journals The proportionality of monetary policy as a macro-juristic theory

2020 ◽  
Vol 85 ◽  
pp. 01008
Author(s):  
Lauris Bocs

The year 2018 marked the passing of 10 years for attempts of systemic financial instability prevention and according legal regulation reforms in the European Union. The role of monetary policy has increased up to the point that the European Central Bank has established so-called unconventional monetary policies, including unprecedented asset purchase programmes within the public and private debt sector of the EU. Therefore, the aim of the research is to determine the regulations and associated problems for the enforcement of EU law within the EU's financial sector for unified unconventional monetary policies and to give an assessment of possible solutions, especially in relation to the protection of property value. Using descriptive, logical and deductive methodology the paper concludes that monetary policy is a legislative act without the usual constitutional ex ante evaluation, especially for proportionality. Hence, a macro-juristic theory is described to limit the possible risks.

IG ◽  
2021 ◽  
Vol 44 (4) ◽  
pp. 328-335
Author(s):  
Hartmut Marhold

The European Union (EU) invests huge resources in overcoming the pandemic crisis and does so as a learning system: The Union learned lessons from the previous, the financial, economic and state debt crisis after 2008, in many ways. The EU assumes now definitely the role of an active player in the economy, leaving behind the neoliberal doctrine; she suspends the restrictive budgetary policy, which prevented already in 2008 and the following years adequate solutions; she reshaped the control over its financial aid programmes so that harsh conflict between member states („troika“) are mitigated; the Union further refined the public private partnership mechanisms established unter the aegis of the European Investment Bank (EIB); the European Central Bank (ECB) assumes now a role still disputed after 2008; the flexibility clauses of the Lisbon Treaty, just put into force after 2008, are now extensively applied; and, more than anything else, the Union aims at a change of paradigm by putting the NextGenerationEU programme at the service of sustainable development (enshrined in the Green Deal).


Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.


Author(s):  
V. O. Tyumentsev

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.


2021 ◽  
Vol 9 (1) ◽  
pp. 261-271 ◽  
Author(s):  
Axel Marx ◽  
Guillaume Van der Loo

<p>The EU trade policy is increasingly confronted with demands for more transparency. This article aims to investigate how transparency takes shape in EU trade policy. First, we operationalize the concept of transparency along two dimensions: a process dimension and an actor dimension. We then apply this framework to analysis of EU Free Trade Agreements (FTAs). After analyzing transparency in relation to FTAs from the perspective of the institutional actors (Commission, Council and Parliament), the different instruments and policies that grant the public actors (civil society and citizens) access to information and documents about EU FTAs are explored by discussing Regulation 1049/2001, which provides for public access to European Parliament, Council and Commission documents, and the role of the European Ombudsman. The article is based on an analysis of official documents, assessments in the academic literature and case-law of the Court of Justice of the European Union. The ultimate aim is to assess current initiatives and identify relevant gaps in the EU’s transparency policies. This article argues that the EU has made significant progress in fostering transparency in the negotiation phase of FTAs, but less in the implementation phase.</p>


2013 ◽  
Vol 19 ◽  
pp. 3-14
Author(s):  
Mariá De Los Ángeles Lasa

The coca-cocaine complex in South America is one of the most serious threats to the region’s political, economic and social institutions. It has infected the public and private sectors with the virus of corruption and violence, and it has brought about the intervention of extra-regional actors that have contributed to worsening the situation. In the fight against this threat since the 1970s, South American countries have had the support of the United States (US) and the European Union (EU) which, these being the world’s largest consumers of cocaine in the world, has become the source of a vicious paradox: the challenges for South American states arise not only from the coca-cocaine complex itself, but also from the cooperation of those world superpowers in the fight against it. This paper analyses both the cooperation among drug actors –an issue that has historically been overlooked–, and the previously mentioned paradox in the case of South American states and the EU.


Journalism ◽  
2021 ◽  
pp. 146488492098572
Author(s):  
Imke Henkel

Ever since Britain voted to leave the European Union, emotions have dominated the public debate. How negative emotions, such as anger, have impacted the Brexit vote, has been widely researched. Less attention has been focused on the role positive emotions played in debating Britain’s relationship to the EU. Using critical discourse analysis and drawing on appraisal theory to investigate the representation of emotions in six sample texts from a corpus of so-called ‘Euromyths’ ( N = 334), this study argues that positive emotions were used to create a myth in Roland Barthes’ sense to naturalise a Eurosceptic ideology of British defiance and power.


2019 ◽  
Vol 30 (6) ◽  
pp. 1637-1643
Author(s):  
Tsanko Stefanov

Following the accession of Bulgaria to the European Union a number of new obligations for the country have been arisen but also new opportunities for public and corporate project funding have been opened.The government of the country has developed seven operational programs, operating within the period from 2007 to 2013, through which the public and private sectors were able to benefit from funding various initiatives through European financial instruments. In the current 2014-2020 programming period seven operational programs are active again, their scope being changed in comparison to the previous period on the basis of the performed analyses of the implementation and for greater expediency.As a new and modern phenomenon in the Bulgarian economic practice, the operational programs have been of interest to the researches of a number of Bulgarian scientists. Some of them go beyond their bounds and focus on the overall European integration at the supranational level. Others examine the effect of our national operational programs on the national economy. There are also scientists focusing on the microeconomic effect from the program implementation in relation to individual business units.In spite of the serious scientific interest in the opportunities for EU funding there is not enough work in Bulgaria concerning the relations between the programs and their beneficiaries.Despite some differences between them, the completed operational programs and the active operational programs have similarities in regard to their attitudes to their end users – the beneficiaries. In this regard, we can examine EU funding, channeled through the seven programs, from a marketing aspect.In this paper we will pay attention to a specific product offered to the beneficiaries, then we will consider the price paid for it, we will examine the channels through which this product reaches its end users and will study the communication channels for connection with them.The four elements of the marketing complex related to the EU funding through the operational programs differ significantly from the elements related to traditional products. They are strictly specific and the main purpose of the paper is to demonstrate these differences but also to characterize them.As a subject of the paper, the specific elements of the marketing mix in the sphere of EU funding can be pointed out through the mechanisms of the developed operational programs.The main object of the paper are the active operational programs in the current programming period in Bulgaria as well as the programs of the previous programming period in our country.


2021 ◽  
pp. 60-68
Author(s):  
E.V. Skurko

The article presents an analysis of theoretical concepts of ‘soft law’ in the European Union, as well as the practice of using ‘soft law’ tools in legal regulation, the issues of legitimacy and effectiveness of ‘soft law’ in the EU. Today, soft law instruments account for about 10% of the EU legislation, and the role of soft law in legal regulation is growing. At the same time, problems arise in connection with the use of soft law instruments in Europe, the most relevant of which are presented in this review.


2017 ◽  
Vol 17 (3) ◽  
pp. 146-150 ◽  
Author(s):  
Margaret Watson

AbstractEuropean Documentation Centres (EDCs) are neutral collections of official publications of the European Union, open to the public and normally housed in academic institutions throughout the European Union (EU). EDC status entitles the host organisation to receive one copy of the most significant publications and documents of the EU. The EDC network goes back to 1963, and its primary purpose has always been the support of academic research into European integration. The decision to trigger Article 50 of the Treaty on European Union clearly raises questions about role of the EDCs in the United Kingdom after ‘Brexit’. This article is written by Margaret Watson.


2011 ◽  
Vol 51 (2) ◽  
pp. 680
Author(s):  
Kim Talus

During the last few decades, the contemporary ideology behind energy market regulation in most western nations has been that the introduction of competition will contribute to security of supply. Energy will respond to the economic rules of the markets, going where the prices are highest—its use, substitution and investments responding to prices. The presentation will focus on this idea and discuss the question of whether international competition and free markets can deliver security of supply or whether public intervention and control is necessary. The study builds on the experience of the European Union (EU). The central argument is that there are two significant caveats to this ideology. First, there are real world distortions that work against the price responsiveness of the energy investments. In the EU, these distortions have been underestimated. Second, although investments may respond to demand in the long run, they do not seem to do so in the short run. The failure of the market-based system in the EU will be illustrated through two case studies: the Nabucco pipeline project where the European Commission has assumed the role of a state in its support of the project; and, the third legislative package for electricity and gas entering into force in 2011, which marks a clear departure from the previous regulatory regimes—these emphasised the market-based approach. The incoming regime increases the role of the state in, for example, granting the public authorities a decisive role in certain situations in accepting investment plans from transmission system operators and monitoring that they are followed in practice.


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