Part I Introduction, 1 Overview of EU Antitrust Procedure: Legal Framework, Institutional Design, and Decision-Making Process

Author(s):  
Cunningham Monica ◽  
Gerard Damien ◽  
Rousseva Ekaterina

This introductory chapter provides an overview of the procedure governing the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) or the ‘antitrust rules’. The EU antitrust procedural rules are the tools that enable enforcement of the EU substantive antitrust rules. At top of the hierarchy of rules governing EU antitrust enforcement are the procedural rules set out in the Treaty on European Union (TEU) and TFEU. Article 103 TFEU defines the type of legal acts that the EU institutions should adopt in order to give effect of the principles set out in the substantive provisions. Article 104 TFEU defines the duties of the Member State until such regulations are adopted, while Article 105 TFEU defines the scope of the power of the European Commission in the area of antitrust. Other general principles of law, such as proportionality and legal certainty, also form an integral part of EU antitrust procedural law.

Author(s):  
Graham Butler

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.


This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.


2021 ◽  
pp. 1-24
Author(s):  
Vincent DELHOMME

Amidst a growing interest from European Union (EU) Member States, the European Commission recently announced that it would put forward a legislative proposal for the adoption of a harmonised and mandatory front-of-pack nutrition labelling scheme at the EU level. The present contribution discusses the implications of such an adoption, taking a behavioural, legal and policy angle. It introduces first the concept of front-of-pack nutrition labelling and the existing evidence regarding its effects on consumer behaviour and dietary habits. It then presents the legal framework currently applicable to (front-of-pack) nutrition labelling in the EU and discusses some of the main political and practical aspects involved with the development of a common EU front-of-pack label.


2014 ◽  
Vol 2 (2) ◽  
pp. 55 ◽  
Author(s):  
Christopher Kuner

The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of the Court of Justice of the European Union (CJEU) have reaffirmed the autonomous nature of EU law and the primacy of EU fundamental rights law. The tension between initiatives to create a global data protection framework and the assertion of EU data protection law raises questions about how the EU can best promote data protection on a global level, and about the EU’s responsibilities to third countries that have adopted its system of data protection.


2021 ◽  
Author(s):  
◽  
James Gallagher

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>


2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.


Author(s):  
Federico Fabbrini

This introductory chapter provides an overview of the Withdrawal Agreement of the United Kingdom (UK) from the European Union (EU). The Withdrawal Agreement, adopted on the basis of Article 50 Treaty on European Union (TEU), spells out the terms and conditions of the UK departure from the EU, including ground-breaking solutions to deal with the thorniest issues which emerged in the context of the withdrawal negotiations. Admittedly, the Withdrawal Agreement is only a part of the Brexit deal. The Agreement, in fact, is accompanied by a connected political declaration, which outlines the framework of future EU–UK relations. The chapter then offers a chronological summary of the process that led to the adoption of the Withdrawal Agreement, describing the crucial stages in the Brexit process — from the negotiations to the conclusion of a draft agreement and its rejection, to the extension and the participation of the UK to European Parliament (EP) elections, to the change of UK government and the ensuing constitutional crisis, to the new negotiations with the conclusion of a revised agreement, new extension, and new UK elections eventually leading to the departure of the UK from the EU.


2020 ◽  
pp. 1-12
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen

The concept of differentiated integration has become a cornerstone of the debate on the reform and future of the European Union. This chapter introduces key concerns in this debate including the view that deeper integration will require greater differentiation and the fear that this will put the EU on a slippery slope towards ‘ever looser union’ and ‘two-class membership’. This introductory chapter summarizes the book’s arguments about the EU reform debate and differentiated integration. Among others, it states that differentiated integration has not produced ‘ever looser union’ but has been predominantly ‘multi-speed’ differentiation. Whereas differentiation has facilitated European integration under conditions of increasing international heterogeneity, it is an obstacle towards European solidarity and the consolidation of integration. It concludes with an overview of the chapters.


2019 ◽  
pp. 1-42
Author(s):  
Adrian Briggs

This introductory chapter begins with a brief discussion of the effect of the unexecuted decision of the United Kingdom to leave the European Union. If the United Kingdom were to withdraw on the terms approved by Parliament, the resulting legal framework would, in principle, be that put in place by the European Union (Withdrawal) Act 2018. That is to say, on ‘Exit Day’, the European Communities Act 1972 will be repealed. This will, at a stroke, remove the legal basis upon which a substantial body of private international law takes effect in the legal order of the United Kingdom. The chapter then sets out the book’s focus, which is the conflict of laws, followed by discussions of the common law’s conception of private international law and legislation establishing private international law as European law.


2021 ◽  
pp. 1-11
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This introductory chapter traces the development of the European Union. Since its inception in 1952, the EU has matured and developed from a Community of like-minded states into a Union of a greater diversity of states, with a comprehensive legal system which is increasingly penetrating the national legal systems of Member States. From the six original members, the EU now counts 27 Member States. Eleven of the thirteen newer Member States are in Central and Eastern Europe, and have discarded their old Communist regimes, turning into democracies with the qualifications to join the Union. The latest developments and changes, including Brexit and the effects of Covid-19, are also discussed.


Sign in / Sign up

Export Citation Format

Share Document