Regulation (EU) No 1168/2011 of the European Parliament and of the Council of 25 October 2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, 25th October 2011 ([2011] OJ L304/1), OXIO 230

This article aims to provide a general overview of the regime of claims for private damages caused by breaches of competition law. The possibility for private damages claims existed even prior the adoption of the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. Nevertheless, these claims were not popular among the business, even when the Commission for Protection of competition established breaches and imposed sanctions for breach of competition. With the transposition of the directive in the Bulgarian Competition Protection Act, an increased interest towards private damages claims is expected.

Download Full-text

The EU after Brexit: Key Geopolitical and Geo-Economic Challenges

Perspectives and prospects E-journal ◽

10.32726/2411-3417-2020-1-30-44 ◽

2020 ◽

pp. 30-44 ◽

Cited By ~ 1

Author(s):

Petr YAKOVLEV

Keyword(s):

European Union ◽

European Commission ◽

European Parliament ◽

European Council ◽

The Political ◽

The European Union ◽

Member States ◽

Before And After ◽

Union History ◽

The Eu

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.

Download Full-text

Article 262 TFEU

The EU Treaties and the Charter of Fundamental Rights ◽

10.1093/oso/9780198759393.003.402 ◽

2019 ◽

Author(s):

Bernhard Schima

Keyword(s):

European Union ◽

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

European Parliament ◽

The Other ◽

The European Union ◽

Member States ◽

Court Of Justice ◽

Legislative Procedure

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.

Download Full-text

Frontex: Towards a Common Policy on External Border Control

European Journal of Migration and Law ◽

10.1163/15718166-00002041 ◽

2013 ◽

Vol 15 (4) ◽

pp. 359-385 ◽

Cited By ~ 11

Author(s):

Roberta Mungianu

Keyword(s):

European Union ◽

Border Control ◽

The European Union ◽

Member States ◽

Eu Member States ◽

Joint Operations ◽

And Control ◽

European Agency ◽

The Eu ◽

Common Policy

Abstract Operational cooperation at the external borders of the EU is part of the EU process of supranationalisation since 2006, when the Justice and Home Affairs Council Conclusions identified operational cooperation as a component of a common policy on external border control. Operational cooperation is supported by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex). In this article I will focus on the extent to which the establishment of Frontex marks the shift of sovereignty from Member States to EU institutions in EU external border control. The analysis of two aspects of operational cooperation through Frontex – joint operations and European Border Guard Teams – shows the EU’s achievement in implementing a common policy on external border control. Nevertheless, EU Member States’ ‘sovereignty clauses’ for the surveillance and control of their external borders prevent the EU from fully exercising its power.

Download Full-text

Simple, Transparent and Standardised Securitisation (STS Securitisation) as a Specific Type of Securitisation under the Regulation 2017/2402

Studia Iuridica Lublinensia ◽

10.17951/sil.2020.29.5.103-116 ◽

2020 ◽

Vol 29 (5) ◽

pp. 103

Author(s):

Przemysław Katner

Keyword(s):

European Union ◽

Financial Crisis ◽

General Framework ◽

European Parliament ◽

Due Diligence ◽

The European Union ◽

Member States ◽

Economic Sphere ◽

Risk Retention

<p>The securitisation market worth trillions of dollars collapsed during the financial crisis of 2007–2009 and for many years its volume remained quite low in the European Union, i.a. due to lack of confidence in securitisation products. The purpose of this article is to draw attention to simple, transparent and standardised securitisation (STS securitisation), almost unnoticed in Polish doctrine, being a specific type of securitisation that has appeared lately and develops in the European Union, including Poland, as a way to revive the securitisation. In the course of considerations, after a brief presentation of securitisation, its development and collapse, attention is turned to the Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) no. 1060/2009 and (EU) no. 648/2012 (OJ EU L 347/35) and the premises it contains that must be met so that the securitisation could be designated as “STS” or “simple, transparent and standardised”. The remarks are especially focused on requirements of due diligence, transparency, risk-retention, simplicity and standardisation. The article ends with conclusions on the effectiveness of the adopted solutions in the economic sphere as well as with respect to the unification of securitisation law in the Member States and the restoration of credibility for securitisation in the European Union.</p>

Download Full-text

Die „Methode Barnier“ – Lehren aus der Verhandlungsführung der EU beim Brexit

IG ◽

10.5771/0720-5120-2020-2-85 ◽

2020 ◽

Vol 43 (2) ◽

pp. 85-100

Author(s):

Nicolai von Ondarza

Keyword(s):

European Union ◽

European Commission ◽

European Parliament ◽

European Council ◽

The European Union ◽

Member States ◽

Institutional Approach ◽

Five Elements ◽

High Degree ◽

The Eu

The Brexit negotiations constituted unchartered political and institutional territory for the European Union (EU). This analysis shows how a new institutional approach enabled the EU-27 to present an unusually united front. The “Barnier method” is characterised by five elements: a strong political mandate from the European Council, a single EU negotiator based in the European Commission in the person of Michel Barnier, very close coordination with the Member States and the European Parliament, and a high degree of transparency. Lessons can also be drawn from this for the next phase of the Brexit negotiations and the EU’s relations with other third countries.

Download Full-text

The political system of European Union after European Parliament Election of 2019

European Historical Studies ◽

10.17721/2524-048x.2019.14.15-30 ◽

2019 ◽

pp. 15-30

Author(s):

Andrii Martynov

Keyword(s):

European Union ◽

European Integration ◽

Political System ◽

European Parliament ◽

The Political ◽

The European Union ◽

National Parliaments ◽

Member States ◽

Eu Member States ◽

The Eu

The politics of the European Union are different from other organizations and states due to the unique nature of the EU. The common institutions mix the intergovernmental and supranational aspects of the EU. The EU treaties declare the EU to be based on representative democracy and direct elections take place to the European Parliament. The Parliament, together with the European Council, works for the legislative arm of the EU. The Council is composed of national governments thus representing the intergovernmental nature of the European Union. The central theme of this research is the influence of the European Union Political system the Results of May 2019 European Parliament Election. The EU supranational legislature plays an important role as a producer of legal norms in the process of European integration and parliamentary scrutiny of the activities of the EU executive. The European Parliament, as a representative institution of the European Union, helps to overcome the stereotypical notions of a “Brussels bureaucracy” that limits the sovereignty of EU member states. The European Parliament is a political field of interaction between European optimists and European skeptics. The new composition of the European Parliament presents political forces focused on a different vision of the strategy and tactics of the European integration process. European federalists in the “European People’s Party” and “European Socialists and Democrats” consider the strategic prospect of creating a confederate “United States of Europe”. The Brexit withdrawal from the EU could help the federalists win over European skeptics. Critics of the supranational project of European integration do not have a majority in the new composition of the European Parliament. But they are widely represented in many national parliaments of EU Member States. The conflicting interaction between European liberals and far-right populists is the political backdrop for much debate in the European Parliament. The result of this process is the medium term development vector of the European Union.

Download Full-text