The Phases of European Integration

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
European Convention ◽  
Trade Association ◽  
The European Union ◽  
Council Of Europe ◽  
Founding Fathers ◽  
Geographic Space ◽  
European Project ◽  
European Free Trade Association ◽  
European Institutions ◽  
Political Solidarity

The chapter shows how, from the early beginnings of the efforts of the European idea’s founding fathers up until the present day, the European project has developed along three axes. The first follows the European Coal and Steel Community (ECSC) to the European Union (EU); the second follows the development of the Council of Europe and the European Convention on Human Rights (ECHR); the third follows the other European institutions, such as, for example, those concerned with military co-operation and the European Free Trade Association (EFTA), and the Schengen area. The chapter shows how within a geographic space that has been enlarged considerably, the countries of Europe have attained a level of economic and political solidarity that undoubtedly surpasses the hopes of the founding fathers of the European project.

Square Pegs and Round Holes (Continued): Financial Market Surveillance Authorities and Internal Market Association

2020 ◽  
Vol 22 ◽  
pp. 32-59
Author(s):  
GEORGES S BAUR
Keyword(s):  
Financial Market ◽  
Financial Services ◽  
Internal Market ◽  
Trade Association ◽  
European Economic Area ◽  
The European Union ◽  
Services Sector ◽  
The United Kingdom ◽  
European Free Trade Association ◽  
The One

AbstractAfter the financial crisis of 2008, the European Union (‘EU’) not only increased its substantial legislation regarding financial services, but also built up a strong and unified system of financial market supervision. In particular, central surveillance authorities were created. These were given far-reaching competences with regard to substituting dysfunctional national authorities or players in the financial services sector. The three European Economic Area (‘EEA’) and European Free Trade Association (‘EFTA’) States—Iceland, Liechtenstein, and Norway—participate in the EU's internal market through their membership of the EEA. In order to continue participating on an equal footing in the internal market for financial services and to honour their duty to maintain homogeneity, the EEA EFTA States also had to incorporate the new institutional setup regarding financial services supervision. This obligation, however, in particular relating to certain intrusive powers of the new surveillance authorities, collided with some constitutional reservations, above all of the two Nordic EEA EFTA States. This article will show how these conflicting aims could be merged into a system that on the one hand guarantees the unified overall approach needed for strengthened surveillance of the internal market for financial services, and on the other hand safeguards certain constitutional reservations of the EEA EFTA States. It also looks at how third countries that do not (fully) participate in the internal market, such as the United Kingdom and Switzerland, are likely to be treated in this context by the EU.

scholarly journals Case of Bistieva and Others v. Poland

2020 ◽  
Vol 8 (2) ◽  
pp. 129-139
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
Family Life ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Irregular Migrants ◽  
Alternative Measures ◽  
Minor Children ◽  
The Republic ◽  
The Right ◽  
Article 5

The present commentary concerns the claims alleging a violation under Article 5 paragraph 1 (the right to liberty and security of a person) and paragraph 4 (the right to take proceedings to determine the lawfulness of the detention) of the European Convention on Human Rights and Article 8 (the right to respect for private and family life) ECHR by using detention by the Republic of Poland for the period of almost 6 months with regard to a family of third-country nationals. The applicant in the case was a national of Russia, Zita Bistieva and her three minor children. The judgement under discussion is significant from the perspective of strengthening the guarantees for the protection of the rights of irregular migrants in the system of both the Council of Europe and the European Union, on the grounds of the concept of equivalent protection adopted in EU primary law. The ruling in question also refers to the fact that the Member States do not sufficiently resort to alternative measures with regard to the detention of foreign nationals.

scholarly journals The Contribution of ESG Information to the Financial Stability of European Banks

2021 ◽  
Vol 66 (3) ◽  
pp. 429-450
Author(s):  
Balázs Tóth ◽  
Edit Lippai-Makra ◽  
Dániel Szládek ◽  
Gábor Dávid Kiss
Keyword(s):  
Financial Stability ◽  
Stock Exchange ◽  
Trade Association ◽  
The European Union ◽  
Regulatory Capital ◽  
European Free Trade Association ◽  
European Banks ◽  
Lending Institutions ◽  
The Relationship ◽  
Positive Effect

Nowadays more and more economic actors publish information regarding sustainability, through economic (E), social (S), and governance (G) performance. In the case of banks, ESG performance is important as they affect most of the industries through their investments and loans. In this research our aim is to investigate the relationship between financial stability and ESG performance. We applied panel regressive methods during the analysis. The sample consisted of stock exchange listed lending institutions (243 banks) from the European Union (EU) and the European Free Trade Association (EFTA). Our results show that ESG performance reduced the ratio of non-performing loans significantly. Furthermore, the positive effect of regulatory capital has been confirmed. Consequently, we can assert that the economic, social, and governance performance have beneficial impacts on financial stability. Therefore, the consideration of these pieces of information should be important for the investors and the regulators as well.

22. Europe

2017 ◽  
Author(s):  
Greer Steven
Keyword(s):  
Human Rights ◽  
Historical Development ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
European Court ◽  
Key Characteristics ◽  
Charter Of Fundamental Rights ◽  
State Organizations

This chapter examines the origins, historical development, and key characteristics of the various inter-state organizations engaged in human rights activities in Europe. Having briefly described the Organization for Security and Cooperation in Europe, it examines the Council of Europe and the European Union, including the European Convention on Human Rights, the European Court of Human Rights and the EU Charter of Fundamental Rights.

7. Europe

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Regional Organizations ◽  
The World ◽  
Relevant Work

This chapter examines the regional organizations with jurisdiction over human rights in Europe, focusing on the Council of Europe, and describes relevant work of the European Union and the Organization for Security and Cooperation in Europe. It highlights the success of the Council of Europe in developing a system which ensures the protection of basic human rights through a judicial mechanism, and concludes that the European Convention on Human Rights has matured into the most sophisticated and effective human rights treaty in the world.

Part III Regional Regimes, Ch.19 Regional Refugee Regimes: Europe

2021 ◽  
Author(s):  
Tsourdi Evangelia (Lilian)
Keyword(s):  
European Convention ◽  
Soft Law ◽  
Border Control ◽  
The European Union ◽  
Council Of Europe ◽  
Eu Countries ◽  
Refugee Protection ◽  
Asylum Law ◽  
And Migration ◽  
The Eu

This chapter examines refugee protection in Europe, defining Europe based on its two distinct legal regimes, the European Union (EU) and the Council of Europe (CoE). The EU and its Member States have developed a regional asylum framework, encompassing legislative, responsibility-allocation, and practical components. In parallel, EU border control, visa, and migration measures impact asylum by deflecting protection obligations to non-EU countries. The chapter then analyses the EU’s ambivalent asylum system before turning to the CoE, focusing on both the European Convention on Human Rights and soft law adopted in the CoE framework. EU asylum law has an expansive impact beyond the EU, including in neighbouring non-EU countries. To illustrate these expansive trends, the chapter looks at refugee protection in Turkey and Ukraine.

Part III Jurisdiction, Foreign Judgments and Awards, 15 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Family Law ◽  
Trade Association ◽  
Private International Law ◽  
International Agreement ◽  
The European Union ◽  
European Free Trade Association ◽  
Direct Operation ◽  
Recognition And Enforcement ◽  
The Uk

This chapter examines how foreign judgments and arbitral awards are recognised and enforced in England. Unsatisfied foreign judgments and arbitral awards give rise to complicated questions concerning private international law. Owing to the principle of territorial sovereignty, a judgment delivered in one country cannot, in the absence of international agreement, have a direct operation of its own force in another. This chapter first considers the effect given to foreign judgments and arbitral awards before discussing the different regimes governing recognition and enforcement of foreign judgments. In particular, it looks at judgments from outside the European Union and European Free Trade Association (EFTA), judgments from an EU or EFTA state, and judgments from other parts of the UK. It also analyses issues relating to insolvency, family law, and wills and successions and concludes with an overview of rules under which foreign arbitral awards are recognised and enforced.

Introduction

2017 ◽  
Author(s):  
Bernard Stirn
Keyword(s):  
European Union ◽  
Human Rights ◽  
Cultural Heritage ◽  
European Integration ◽  
Public Law ◽  
European Convention ◽  
The European Union ◽  
European Project ◽  
European Public ◽  
Domestic Law

The introduction shows how the history and diversity of Europe have given rise to the European project. On the basis of historical differences, there are great differences between the countries of Europe; nevertheless, as a function of common cultural heritage, a project of European integration has emerged. Beginning with European history, the chapter shows how the European project has evolved and been consolidated through law and how, against the background of the European Union (EU), the European Convention on Human Rights (ECHR), and the domestic law of the countries of Europe, a European public law is taking shape.

scholarly journals The European Citizens’ initiative: too much democracy for EU polity?

2019 ◽  
Vol 20 (2) ◽  
pp. 181-200 ◽  
Author(s):  
Erik Longo
Keyword(s):  
European Convention ◽  
Democratic Deficit ◽  
The European Union ◽  
Eu Governance ◽  
Political Unity ◽  
European Institutions ◽  
Eu Policies ◽  
Eu Commission ◽  
The Eu

AbstractThis Article analyzes the state of democracy in the EU through the study of the European Citizens’ Initiative. The European Citizens’ Initiative (ECI) represents one of the main ways the European institutions chose during the making of the European Convention, and then reproduced in the Lisbon Treaty, to beat populism by bringing decision-making closer to the citizens and promoting a new legitimization of Europe’s political unity. This Article starts by arguing that if one wants to understand European versions of populism it is necessary to pay attention to the reason why “democratic deficit” and “Euroscepticism” are predominant problems that the European Union is facing. It then analyzes the implementation of the ECI and the main issues of this instrument of democratization pointing at three flaws: a) the problem of e-democracy; b) the difficulty of stimulating large participation of civil society and people for the purposes of the ECIs; c) the cumbersome role of the EU Commission and the difficulties to ensure a real participatory instrument for the European citizens. From the analysis of the ECI this Article first advocates for a more robust public sphere in Europe as indispensable ground for a supranational democracy; second, it supports the revision of the ECI procedural aspects to transform it into a viable channel for amending EU policies in a more democratic way; third, this Article participates in the debate over the brand of democracy most suited to EU governance and polity.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

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