Trust in the invisible hand? The roles of the State and the markets in EU energy law

2020 ◽  
Vol 13 (1) ◽  
pp. 1-11
Author(s):  
Kaisa Huhta
Keyword(s):  
Clean Energy ◽  
The State ◽  
Electricity Sector ◽  
Invisible Hand ◽  
Electricity Supply ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Structure ◽  
Role Of The State ◽  
The Invisible

Abstract The article analyses the European Union (EU) legal approaches that govern security of electricity supply. This legal analysis demonstrates how EU law allocates power and responsibility between the State and the markets in the electricity sector to ensure the uninterrupted availability of affordable electricity. The article argues that the allocation of roles and responsibilities has been similarly structured in respect of different timescales of security of supply in the Clean Energy for All Europeans package. This legal structure relies heavily on the invisible hand of the market, in which context the role of the State is limited to providing a fallback in the event that the market is unable to achieve the objective of security of electricity supply.

scholarly journals Institutional and Legal Development of EAEU and EU in Comparative Perspective

2019 ◽  
Vol 7 (3) ◽  
pp. 155-168 ◽  
Author(s):  
Mark Entin ◽  
Vadim Voynikov
Keyword(s):  
Political Elite ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Decisions ◽  
Legal Structure ◽  
Eurasian Economic Union ◽  
History Of ◽  
Points Of View ◽  
Integration Project ◽  
The Eu

Despite the relatively short history of its development, the Eurasian Economic Union (EAEU) is becoming more confident about itself as a successful integration project. At the same time, there is a growing interest in the EAEU by the political elite and scientific community in Russia and abroad. The EAEU is investigated from different points of view, but almost no research is carried out without a comparative legal analysis of the EAEU and the European Union (EU). Both unions belong to the same type of integration organizations; the EAEU was largely created in the image of the EU. However, an analysis of the institutional and legal structure of the EAEU and the EU shows there are fundamental differences between the two unions concerning the principles of their functioning. This article substantiates the fact that supranational constitutionalization within the EU is not typical for the EAEU and is even harmful. At the same time, the technical tools developed by the EU can be useful to the EAEU for resolving current challenges of ensuring sustainability and self-affirmation in the international arena. This experience is of importance in view of the crisis experienced by the EU, since only they were able to manifest what institutional and legal decisions are working within the framework of an integration association, and which should be discarded. It is vital that the EAEU not repeat the mistakes and miscalculations of the EU.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

Markt und Staat bei Adam Smith

2010 ◽  
Vol 59 (2) ◽  
Author(s):  
Johannes Treu
Keyword(s):  
Economic System ◽  
Adam Smith ◽  
The State ◽  
Price System ◽  
Invisible Hand ◽  
Economic Liberalism ◽  
Price Process ◽  
Free Function ◽  
The Invisible

AbstractThe name of Adam Smith is always associated with the development of the invisible hand, the differentiation of labour and with the foundation of the economic liberalism, so that his book the Wealth of Nation is still in fashion. Based on the criticism of mercantilism system Smith develops his own economic system. Furthermore this economic system is more than pure discretion, it is also instruction which role the market and the state have to fulfil. Smith attributes to the market his famous role, the free function of the price system. Whereas the function of the state is limited to three tasks and no intervention into the market or price process are allowed.

Unemployment as a threat to society – an analysis of the situation in Poland and selected countries of the European Union

2016 ◽  
Vol 8 (1) ◽  
pp. 265-282
Author(s):  
Tomasz Łachacz ◽  
Sylwester Zagulski
Keyword(s):  
European Union ◽  
Sex Education ◽  
The State ◽  
The European Union ◽  
Role Of The State ◽  
And Migration ◽  
The Unemployed ◽  
The Eu

Unemployment is classified today as one of the main threats to society. The phenomenon affects the lives of individuals, the functioning of families and society and development of the state. It is often the source of other social problems such as poverty, violence, or social pathologies. The article presents the scale and nature of unemployment occurring after 1989 in Poland and in selected European Union countries, i.e. the Netherlands, Spain, Slovakia and Latvia. It attempts to show the characteristic trends of the phenomenon over a period of more than two decades. Examples from the European countries analysed show that the situation in the labour market and the approach to employment are radically different. Individual countries are characterised by very different unemployment rates, which reflect their different size, economic and demographic potential, or are associated with the tradition of employment. The existence of differences seems to be normal, but their scale may give rise to concern. A characteristic feature of unemployment in the period analysed is its regional diversity, both in Poland and in the whole of the European community. Important factors that determine the level of unemployment are age, sex, education and people’s qualifications. The effects of long-term unemployment are very painful for the whole of society. Such a situation can lead to, amongst others, poverty, societal antagonism, violence and migration. The latter is an issue that the whole of Europe is currently struggling with. The uncontrolled influx of immigrants, including those migrating for economic reasons, causes fear of losing their job among Europeans, which in turn translates into the radicalisation of society. A role of the state and the EU institutions is to create an effective mechanism for the protection and support of the unemployed. This is a prerequisite for Europeans to continue the project which is a common united Europe.

Legal Structure of Budget Immunity: Theoretic and Legal Analysis

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Наталья Поветкина ◽  
Natalya Povetkina
Keyword(s):  
Russian Federation ◽  
The State ◽  
Legal Analysis ◽  
Legal Regime ◽  
Legal Structure ◽  
Original Definition ◽  
The Russian Federation ◽  
Financial Obligations ◽  
Definition Of ◽  
Budget System

The article presents theoretical and legal analysis of the concept of “immunity of the budget”. The article notes the role and importance of immunity of the budget as special legal structure to ensure compliance by the state with all assumed financial obligations, fulfilled at the expense of the budgets of the RF budget system. Diversity and ambiguousness of understanding the category of immunity in science are pointed out. Various concepts of immunity both in general legal and industry-specific format are analyzed. The author concludes that, despite the fact that the immunity of the budget does not possess all the attributes of legal immunities, it can be referred to as such, but with specific features. The article defines the purpose, functions and characteristics of the budget immunity. The author provides an original definition of the “immunity of budget” concept as a legal regime that does not permit mandatory recovery proceedings at the expense of budgets from the budgetary system of the Russian Federation.

scholarly journals Foucault and the Invisible Economy

2009 ◽  
pp. 5 ◽  
Author(s):  
Ute Tellmann
Keyword(s):  
The State ◽  
Invisible Hand ◽  
Historical Understanding ◽  
Historical Material ◽  
The Invisible

This paper discusses the extent to which governmentality provides a critical visibility of the economy beyond its liberal imaginary. It argues that Foucault’s conceptual and historical understanding of liberal governmentality has two traits that encumber a de-centering of the economy from a Foucauldian perspective. The first obstacle results from a persistent asymmetry of the concept of governmentality as it remains solely geared towards replacing the monolithic account of the state. Governmentality is therefore in danger of rendering the economic invisible instead of advancing an analytics of power appropriate to the specificity of this field. The second impediment relates to how Foucault reads the invisibility of the economy asserted in liberal discourse. While Foucault emphasizes how the “invisible hand” imparts a critical limitation towards the sovereign hubris of total sight, the paper unearths a more complex politics of truth tied to the invisible economy. Drawing on selected historical material, the papers shows that the liberal invisibility of the economy rather functions as a prohibitive barrier towards developing novel and critical visibilities of the economy. A Foucauldian perspective on economy, the paper concludes, benefits from piercing through this double invisibility of the economy.

Sign in / Sign up

Export Citation Format

Share Document