15. Introduction to the internal market

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Internal Market ◽  
Social Aspect ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
The Common ◽  
Policy Fields ◽  
The Relationship

This chapter examines the common themes that affect the four freedoms which constitute the internal market in the European Union (EU): the free movement of goods, of people and of capital; and the freedom to provide services. It analyses the relationship between these four freedoms and highlights the role of the Court of Justice (CJ) in defining the freedoms’ scope, particularly as regards the social aspect of these freedoms. The chapter also suggests that these freedoms have operated to limit Member States’ regulatory freedom in wide-ranging policy fields.

14. Introduction to the internal market

2020 ◽  
pp. 327-339
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Internal Market ◽  
Social Aspect ◽  
The European Union ◽  
The Social ◽  
The Common ◽  
Policy Fields ◽  
The Relationship ◽  
The Eu

The creation of the internal market is one of the central purposes of the European Union (EU). This chapter examines the common themes that affect the four freedoms which constitute the internal market in the EU: the free movement of goods, of people and of capital; and the freedom to provide services. It analyses the relationship between these four freedoms and highlights the role of the Court of Justice (CJ) in defining the freedoms’ scope, particularly as regards the social aspect of these freedoms. The chapter also suggests that these freedoms have operated to limit Member States’ regulatory freedom in wide-ranging policy fields.

26. Introduction to EU competition policy

2020 ◽  
pp. 631-640
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Competition Policy ◽  
Law And Economics ◽  
The European Union ◽  
Basic Principles ◽  
Court Of Justice ◽  
The Social ◽  
Eu Competition Policy ◽  
Social Market

This chapter examines the competition policy in the European Union (EU), discusses the economics of the social market, and describes the structure and objectives of EU competition provisions and policy. The chapter focuses on Articles 101 and 102 TFEU and covers the basic principles established by Regulation 1/2003. It highlights the decentralisation of the enforcement of competition policy. It also explores policies on competition with third countries. The chapter highlights the complexities that can arise when law and economics interact and reveals the difficult role of the Court of Justice (CJ) to make complex assessments of economics.

Revisiting Proportionality in Internal Market Law: Looking at the Unnamed Actors in the cjeu’s Reasoning

2020 ◽  
Vol 89 (3-4) ◽  
pp. 286-302
Author(s):  
Ségolène Barbou des Places
Keyword(s):  
European Union ◽  
Case Law ◽  
Internal Market ◽  
Abstract Reasoning ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
Restrictive Measure ◽  
Social Narrative ◽  
Alternative Reading

Abstract To understand how the Court of Justice of the European Union (cjeu) assesses the proportionality of restrictive national measures, one has to depart from the canonical reading of internal market law cases. An alternative reading of the cjeu case law, focusing on the “who” rather than on the “how”, is possible. This article argues that the control of proportionality should not be viewed as an abstract reasoning aiming at comparing the respective importance and value of the norms in conflict, but rather as an evaluation based upon the thorough description of the social reality of the persons whose life and interests are either affected or protected by the challenged restrictive measure. Because it analyses the control of proportionality as a social narrative elaborated by the judge, the article can demonstrate that among the roles conferred by the proportionality narrative to different characters, the most determinant ones are played by persons standing behind the scene: the “archetypal characters”.

Free Movement of Goods and Environmental Protection in EU Law: A Troubled Relationship?

2013 ◽  
Vol 15 (2) ◽  
pp. 171-201 ◽  
Author(s):  
Charles Poncelet
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Free Movement Of Goods ◽  
The Relationship

Abstract This article examines the relationship between the principle of free movement of goods and the protection of the environment under the umbrella of European Union (EU) law. It will be discussed whether Member States are suitably provided with legal means which enable them to take due account of environmental circumstances when they take measures which have an impact on the circulation of goods within the internal market. To this end, the relevant provisions of the Treaty on the Functioning of the European Union (TFEU) will be critically analysed in the light of their interpretation by the Court of Justice of the European Union (CJEU) over the last decades. Particular emphasis will be given to a recent decision of the CJEU which has shed new light on this subject.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

scholarly journals INTERCONNECTION OF METACOGNITION AND EXECUTIVE FUNCTIONS IN CHILDHOOD: CULTURAL-HISTORICAL CONTEXT

2021 ◽  
pp. 79-113
Author(s):  
A.N. Veraksa ◽  
N.E. Veraksa
Keyword(s):  
Academic Success ◽  
Executive Functions ◽  
Emotional Regulation ◽  
Behavioral Control ◽  
Self Regulation ◽  
Historical Context ◽  
Social Aspect ◽  
The Social ◽  
The Relationship

The review is devoted to the relationship between executive functions and metacognition in the context of a cultural-historical perspective. On the basis of the research carried out over the past 15 years, the commonality and differences of these constructs are shown. Special attention is paid to the development of executive functions and metacognition, their connection with the academic success of children, the role of the social aspect in their formation. The importance of an adult in the directed formation of metacognition and self-regulation is shown, which confirms the provisions of the cultural-historical theory. Within the framework of the cultural-historical paradigm, several mechanisms for the development of executive functions are considered: imitation based on understanding; sign mediation; as well as communication in a social developmental situation. L.S. Vygotsky noted that higher mental functions arise on the basis of real interactions of people, are interiorized, turning into psychological functions. The review showed that one of the most common models of the structure of executive functions is a model that includes such components as “working memory”, “inhibitory control” and “cognitive flexibility”. Based on the analysis, it is possible to assert the influence of J. Piaget’s concept on the development of executive functions. A certain difficulty is caused by the explanation of emotional regulation in the context of metacognitive problems. At the same time, L.S. Vygotsky spoke about the unity of affect and intellect, which suggests the existence behavioral control and, in particular, of emotional processes at the level of metacognitive processes.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

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