Part II Investor-State Arbitration in the Energy Sector, 9 ECT and European Union Law

2018 ◽  
Author(s):  
Bermann George A
Keyword(s):  
European Union ◽  
Member State ◽  
Energy Sector ◽  
Eu Law ◽  
Critical Question ◽  
European Union Law ◽  
Energy Charter Treaty ◽  
Eu Commission ◽  
The Eu

This chapter also looks at issues that typically arise in Energy Charter Treaty (ECT) cases. In particular, it explores those cases in which respondent states have made use of EU law in mounting a jurisdictional or substantive defence under the ECT. First, regarding EU law as a jurisdictional defence, the chapter looks both at intra-European BIT cases and intra-European ECT cases. Regarding the latter, the chapter addresses, among other things, the critical question of whether the ECT is applicable to disputes between an EU member state and a national of another EU member state, or whether such application is precluded by an implicit ‘disconnection clause’ under the ECT, as argued by the EU Commission. Second, regarding EU law as a substantive defence, the chapter analyzes scenarios in which EU law arguably requires conduct, on the part of a member state, that the ECT itself forbids, or vice versa.

Das Brexit-Abkommen und Europarecht

2020 ◽  
Author(s):  
Robert Frau
Keyword(s):  
European Union ◽  
Member State ◽  
The Political ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
Political Debate ◽  
European Union Law ◽  
Economic Law ◽  
The Eu

This book analyses the legality of the Brexit agreement under European Union law. While the political debate has been highly publicised in recent months, a legal analysis was always lacking. This legal analysis deals with the interpretation and application of the draft withdrawal agreement, the ECJ’s responsibilities, EU citizenship for British citizens after Brexit, the framework within which British authorities can apply EU law, creating laws after Brexit as well as the law on movement of goods and customs. This monograph compares the agreement with other manifestations of integration and association throughout the European Union, and it deals with the ECJ’s jurisprudence extensively. Last but not least, it applies the agreement to the external economic law of the EU. Beyond Brexit, the monograph proposes a framework for the application of EU law by a non-member state.

scholarly journals Polish “Entrepreneur” and EU “Undertaking”: Multilingualism and Differences in Legal Identification

2017 ◽  
Vol 52 (1) ◽  
pp. 57-71
Author(s):  
Maciej Etel
Keyword(s):  
European Union ◽  
Member State ◽  
Precise Determination ◽  
Eu Law ◽  
The European Union ◽  
Economic Sphere ◽  
Polish Law ◽  
Legal Identification ◽  
The Eu

Abstract The European Union and its member-states’ involvement in the economic sphere, manifesting itself in establishing the rules of entrepreneurs’ functioning – their responsibilities and entitlements – requires a precise determination of the addressees of these standards. Proper identification of an entrepreneur is a condition of proper legislation, interpretation, application, control and execution of the law. In this context it is surprising that understanding the term entrepreneur in Polish law and in EU law is not the same, and divergences and differences in identification are fundamental. This fact formed the objective of this article. It is aimed at pointing at key differences in the identification of an entrepreneur between Polish and EU law, explaining the reasons for different concepts, and also the answer to the question: May Poland, as an EU member-state, identify the entrepreneur in a different way than the EU?

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

Article 50 TEU: The Quest for an Orderly Withdrawal and the Possibility of Alternative Denouements

2021 ◽  
pp. 21-47
Author(s):  
Michael Dougan
Keyword(s):  
European Union ◽  
Member State ◽  
Eu Law ◽  
Legal Systems ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This chapter sets out the basic constitutional framework, under EU law, governing the withdrawal of a Member State. Article 50 of the Treaty on European Union recognizes the sovereign right of any State to leave the EU and sets out a process for agreeing the terms of an orderly departure. But Brexit also required the EU and the UK to undertake extensive internal preparations, to ensure their own legal systems were ready for the UK’s departure. Moreover, Article 50 itself is drafted in only brief and sketchy terms, leaving many important decisions about Brexit to be worked out in practice. And EU law allows for other final outcomes to the withdrawal process—including a ‘no deal Brexit’; or the UK’s right to ‘revoke and remain’ under the Wightman ruling.

What’s in a Name? Equal Treatment, Union Citizens and National Rules on Names and Titles

ICL Journal ◽  
2017 ◽  
Vol 11 (4) ◽  
Author(s):  
Ágoston Mohay ◽  
Norbert Tóth
Keyword(s):  
European Union ◽  
Free Movement ◽  
Equal Treatment ◽  
Eu Law ◽  
European Union Law ◽  
Court Of Justice ◽  
Union Citizenship ◽  
Constitutional Identity ◽  
The Eu ◽  
Relevant Judgment

AbstractThe construction of names and the use of nobility titles is not regulated by European Union law. Yet the Court of Justice of the EU has had to deal with such issues on various occasions where national rules on names or titles had to be contrasted with the EU law on equal treatment, Union citizenship and free movement and residence. Rules on names fall essentially within the competence of the member states, but the states have to regard EU law when exercising this competence. Our paper undertakes to analyse this issue in light of a recent relevant judgment, the Bogendorff von Wolffersdorff case, having regard also to the Court’s reasoning regarding the national constitutional identity clause [Art 4 (2)TEU]. We argue – inter alia – that the Court of Justice decided in this judgment not to favour the rights of a free-moving EU citizen (even if the judgment admittedly affects only a limited circle of individuals) and put national constitutional identity first, yet the way in which the identity clause was used by the Court is also debatable in our view.

The Future of Intra-EU Investment Arbitration: Intra-EU Investment Arbitration under the ECT post Achmea

2019 ◽  
Vol 4 (1) ◽  
pp. 147-177
Author(s):  
Sahra Arif
Keyword(s):  
European Union ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Investment Arbitration ◽  
The Future ◽  
Energy Charter Treaty ◽  
Opposite View ◽  
The Relationship ◽  
The Eu

The Achmea judgment of the Court of Justice of the EU (CJEU) found that arbitration clauses in bilateral investment treaties (BITS) between Member States of the European Union are incompatible with European Union law. Following this, Member States attempted to invoke this judgment in relation to similar intra-EU arbitrations under the Energy Charter Treaty (ECT). Tribunals established under the ECT have however generally rejected the applicability of the Achmea judgement. While the EU Commission and the majority of Member States concluded that this judgment also precludes intra-EU ect arbitrations, a few Member States held the opposite view. The future of intra-EU ECT arbitrations therefore seems fragile in the least. A closer analysis of the decisions of ECT Tribunals, and the relationship between obligations under European Union law and international law however argues that the future of such intra-EU ECT arbitrations is not as fragile as it may seem.

scholarly journals National Law or EU Law

2017 ◽  
Vol 23 (2) ◽  
pp. 187-191
Author(s):  
Georgi Mihaylov
Keyword(s):  
European Union ◽  
Eu Law ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Respective State ◽  
The Eu

Abstract The article examines cases of conflict between the national law of the EU Member States and European Union Law. There is an analysis of the legal advantage of EU law over national law or vice versa. Conclusions have been drawn that the national law should maintain its advantage when the reason for it is contained in the Constitution of the respective state.

BENEFITS FOR EU CITIZENS: A U-TURN BY THE COURT OF JUSTICE?

2015 ◽  
Vol 74 (2) ◽  
pp. 195-198 ◽  
Author(s):  
Steve Peers
Keyword(s):  
European Union ◽  
Social Welfare ◽  
Member State ◽  
Eu Law ◽  
The European Union ◽  
Welfare Benefits ◽  
Court Of Justice ◽  
Uk Government ◽  
The Uk ◽  
The Eu

THE recent judgment of the Court of Justice of the European Union in the case of Dano (ECLI:EU:C:2014:2358) clarified some important points as regards access to social welfare benefits by EU citizens who move to another Member State. Furthermore, the judgment could have broad implications for any attempts by the UK Government to renegotiate the UK's membership of the EU, which is likely to focus on benefits for EU citizens coming to the UK. This note is an updated and expanded version of my analysis on the EU Law Analysis blog: http://eulawanalysis.blogspot.co.uk/2014/11/benefit-tourism-by-eu-citizens-cjeu.html.

A Community of Principle

2020 ◽  
pp. 108-143
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
Point Of View ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Law Of Nations ◽  
Domestic Law ◽  
Rival View ◽  
The Eu

This chapter examines the question of the relations between EU law and domestic law from the point of view of a political theory of the European Union. It is common to see EU law under ‘federalism’ or under a theory of ‘statism’. These two views are outlined at the start of this chapter by examining various arguments made for them. They are both rejected. The chapter defends a rival view, the ‘internationalist’ reading of the EU, according to which it is a branch of the law of nations. A careful look at the EU treaties and the case law of the Court of Justice of the EU shows that the EU endorses an internationalist model based on equality and reciprocity. The EU does not replace the relation between citizens and political power. It does not establish a new constitutional law that replaces the national ones. It is a new way of organizing the relations between the various member states whose equality it fully respects. The coherence of European Union law is therefore not provided by uniformity imposed by a single master or constitutional rule, but is given by the political coordination of the laws of the member states achieved under the treaties. Coherence is achieved because the member states have adopted similar, although not identical, constitutional principles.

scholarly journals Legitimizing pre-emptive data surveillance under the EU law: the case of the PNR Directive

2021 ◽  
Vol 83 (1) ◽  
pp. 115-127
Author(s):  
Julia Wojnowska-Radzińska
Keyword(s):  
Member State ◽  
Eu Law ◽  
Member States ◽  
Eu Countries ◽  
Serious Crime ◽  
Data Surveillance ◽  
Surveillance Practice ◽  
The Individual ◽  
Eu Commission ◽  
The Eu

The paper analyses the PNR Directive as pre-emptive data surveillance practice. The 2016/681 Directive regulates the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. It obliges airlines to hand national authorities passengers’ data for all flights from third countries to the EU and vice versa, but Member States can also extend it to ‘intra-EU’ ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission. Thus, PNR Directive affects all passengers who arrive in the territory of one Member State originating from a third country, or who depart from a Member State’s territory to a non-EU country, including any transfer or transit flights. Using PNR data, the individual is profiled and encoded in terms of degrees of risk.

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