The Three Dimensions of Solidarity in the EU Legal Order: Limits of the Judicial and Legal Approach

2013 ◽  
Vol 35 (4) ◽  
pp. 459-475 ◽  
Author(s):  
Irina Domurath
Keyword(s):  
Legal Order ◽  
Three Dimensions ◽  
The Eu

scholarly journals 22.F. Workshop: What makes for resilient health systems? Evidence from the State of Health in the EU country profiles

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
◽  
Keyword(s):  
Health System ◽  
Health Systems ◽  
Building Blocks ◽  
The State ◽  
Lessons Learned ◽  
Three Dimensions ◽  
Health System Strengthening ◽  
New Work ◽  
State Of Health ◽  
The Eu

Abstract The European Commission's State of Health in the EU (SoHEU) initiative aims to provide factual, comparative data and insights into health and health systems in EU countries. The resulting Country Health Profiles, published every two years (current editions: November 2019) are the joint work of the European Observatory on Health Systems and Policies and the OECD, in cooperation with the European Commission. They are designed to support the efforts of Member States in their evidence-based policy making and to contribute to health care systems' strengthening. In addition to short syntheses of population health status, determinants of health and the organisation of the health system, the Country Profiles provide an assessment of the health system, looking at its effectiveness, accessibility and resilience. The idea of resilient health systems has been gaining traction among policy makers. The framework developed for the Country Profiles template sets out three dimensions and associated policy strategies and indicators as building blocks for assessing resilience. The framework adopts a broader definition of resilience, covering the ability to respond to extreme shocks as well as measures to address more predictable and chronic health system strains, such as population ageing or multimorbidity. However, the current framework predates the onset of the novel coronavirus pandemic as well as new work on resilience being done by the SoHEU project partners. This workshop aims to present resilience-enhancing strategies and challenges to a wide audience and to explore how using the evidence from the Country Profiles can contribute to strengthening health systems and improving their performance. A brief introduction on the SoHEU initiative will be followed by the main presentation on the analytical framework on resilience used for the Country Profiles. Along with country examples, we will present the wider results of an audit of the most common health system resilience strategies and challenges emerging from the 30 Country Profiles in 2019. A roundtable discussion will follow, incorporating audience contributions online. The Panel will discuss the results on resilience actions from the 2019 Country Profiles evidence, including: Why is resilience important as a practical objective and how is it related to health system strengthening and performance? How can countries use their resilience-related findings to steer national reform efforts? In addition, panellists will outline how lessons learned from country responses to the Covid-19 pandemic and new work on resilience by the Observatory (resilience policy briefs), OECD (2020 Health at a Glance) and the EC (Expert Group on Health Systems Performance Assessment (HSPA) Report on Resilience) can feed in and improve the resilience framework that will be used in the 2021 Country Profiles. Key messages Knowing what makes health systems resilient can improve their performance and ability to meet the current and future needs of their populations. The State of Health in the EU country profiles generate EU-wide evidence on the common resilience challenges facing countries’ health systems and the strategies being employed to address them.

scholarly journals The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches

2007 ◽  
Vol 6 (1) ◽  
pp. 45-87 ◽  
Author(s):  
ANTONIS ANTONIADIS
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Political Institutions ◽  
Legal Order ◽  
The European Union ◽  
Comprehensive View ◽  
Court Of Justice ◽  
Community Legal Order ◽  
The Eu

Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU's political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to explore the considerations shaping the development of the different approaches and to argue that these stem from the interaction between the judiciary and the legislature. In doing so, this article purports to provide a comprehensive view of the application of WTO law within the Community legal order.

Cannons over the EU legal order: The decision of the BVerfG (5 May 2020) in the Weiss case

2021 ◽  
Vol 28 (1) ◽  
pp. 123-142
Author(s):  
Filippo Annunziata
Keyword(s):  
Monetary Policy ◽  
Judicial Review ◽  
Legal Order ◽  
Banking Union ◽  
Preliminary Ruling ◽  
Banking Supervision ◽  
The Public ◽  
Changes Over Time ◽  
Over Time ◽  
The Eu

The Weiss affair, culminating in the BVerfG ruling of 5 May 2020 ( Weiss II), marks a break-up point in the long-standing dialogue between the BVerfG and the CJEU. The judges in Karlsruhe refused to follow the decision rendered by the CJEU in a preliminary ruling ( Weiss I) and ordered EU institutions to provide further clarifications on the proportionality assessment of the Public Sector Purchase Programme. This paper claims that the principles applied by the BVerfG in Weiss I are quite similar to those employed in the Gauweiler and Landeskreditbank-Banking Union cases. Considering that background, it will be argued that the construction of the principles employed by the BVerfG for the judicial review of EU acts did not undergo dramatic changes over time. The different outcome of Weiss II is due to the fact that, according to the BVerfG, insufficient elements of explanation and justification were provided by the ECB and the CJEU. Therefore, the central problem of Weiss II ends up being a procedural question of allegedly insufficient statements of reasons. From Gauweiler to Weiss II, one also sees the development of the standards for the judicial review of the ECB’s decisions, in the fields of both monetary policy and banking supervision.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

scholarly journals Shrimp Export from Benin vs Food Safety in Europe: Reconcilable Interests?

2014 ◽  
Vol 5 (2) ◽  
pp. 187-200
Author(s):  
Kévine Kindji ◽  
Michael Faure
Keyword(s):  
Food Safety ◽  
Market Share ◽  
Control Policy ◽  
Legal Order ◽  
Eu Policy ◽  
Shrimp Industry ◽  
Fishery Products ◽  
The Eu

In order to secure their fishery products market share in the EU, third countries, especially the developing ones, tend to transplant EU requirements into their domestic legal order. In reality, theses transplanted laws do not correspond to measures to reach a level of protection needed by the country of destination. Based upon the case of Benin, this paper intends to show that when these legal transplants are adversely made, they can in some cases have disastrous effects. It can be argued that an unintended result of EU policy was that it contributed to the collapse of the shrimp industry in Benin. The paper moreover argues that despite the stringency of the EU requirements, the implementation of its control policy might inadequately protect European consumers of shrimp.

scholarly journals Territorial cohesion through cross-border landscape policy? The European case of the Three Countries Park (BE-NL-DE)

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Anja Brüll ◽  
Timo Matti Wirth ◽  
Frank Lohrberg ◽  
Annet Kempenaar ◽  
Marlies Brinkhuijsen ◽  
...  
Keyword(s):  
Green Infrastructure ◽  
Common Ground ◽  
Landscape Management ◽  
Policy Coordination ◽  
Three Dimensions ◽  
Adaptive Landscape ◽  
Vital Functions ◽  
Constant Change ◽  
Territorial Cohesion ◽  
The Eu

AbstractLandscapes can be understood as socialecological systems under constant change. In Europe various territorial dynamics pose persistent challenges to maintaining diverse landscapes both as European heritage and in their capacity to provide vital functions and services. Concurrently, under the competence of cohesion policy, the EU is attempting to improve policy making by better policy coordination and respecting regional specifics. This paper explores the question how a policy dedicated to landscape can help to handle territorial change and support territorial cohesion. It presents results and performances of the ESPON applied research study LP3LP: (1) a common landscape policy for the Three Countries Park, across the Dutch, German and Belgium borders, including a spatial landscape vision, a governance proposal of adaptive landscape management, and thematic strategies dealing with green infrastructure, cultural heritage, complementary biomass and quality production; (2) recommendations at the EU level. In discussing the significance of a landscape approach for EU policy,three dimensions of landscape are linked withimportant aspects of territorial cohesion: ‘landscape as asset’ addressing natural-cultural territorial capital as an indigenous base forsmart, sustainable, and inclusivedevelopment;‘landscape as place’ stressing the relevance of landscape for place-based policies; and ‘landscape as common ground’ highlighting its potential for horizontal, vertical, and territorial integration.

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