Part III The EU Resolution Regime, 9 Resolution in the European Union

2016 ◽  
Author(s):  
Gleeson Simon ◽  
Guynn Randall
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Legal Framework ◽  
The European Union ◽  
2008 Financial Crisis ◽  
Member States ◽  
Bank Resolution ◽  
The 2008 Financial Crisis ◽  
Investment Firm ◽  
The Eu

This chapter analyses the Bank Recovery and Resolution Directive and how it is applied to banks and investment firms alike. The BRRD establishes an improved resolution framework to be implemented among the member states of the European Union. The scope of its application is broader than most bank resolution regimes, since in the aftermath of the 2008 financial crisis, it became abundantly clear that the failure of an investment firm could do just as much damage to the financial system as the failure of a deposit taking bank. The chapter considers the legal framework governing the interaction of the EU Resolution Fund, the European Stability Fund, and the contributions of member states in resolving an EU bank.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<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>

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
The Eu

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.

Mercosur

2020 ◽  
pp. 156-177
Author(s):  
Frank Schimmelfennig ◽  
Thomas Winzen ◽  
Tobias Lenz ◽  
Jofre Rocabert ◽  
Loriana Crasnic ◽  
...  
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Turn Of The Century ◽  
The European Union ◽  
Member States ◽  
International Diffusion ◽  
The Eu

This chapter examines the evolution of the parliamentary dimension in Mercosur, from its modest beginnings with the Joint Parliamentary Commission to the establishment of the consultative Mercosur Parliament (Parlasur) in 2005. The context for the establishment and empowerment of an international parliamentary institution was favourable in Mercosur. Specifically, the chapter argues that the organization’s initial parliamentarization reflects the combination of international diffusion from the EU and the democratization of member states, while the transition to Parlasur is best explained by a combination of diffusion from the European Union and the financial crisis in the region that occurred around the turn of the century.

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

scholarly journals It Was Not Meant to Be This Way

2017 ◽  
Vol 26 (1) ◽  
pp. 53-74
Author(s):  
Tom Frost
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Shared Values ◽  
European Politics ◽  
The European Union ◽  
Important Lesson ◽  
2008 Financial Crisis ◽  
Eu Member States ◽  
Number Of Factors ◽  
The Eu

In June 2016, the United Kingdom’s electorate voted in a referendum to leave the European Union. This article examines ‘Brexit’ from the perspective of British, or English, exceptionalism. It argues that the Leave vote was caused by a number of factors: underlying myths and exceptionalism about the U.K. and its relationship with ‘Europe’; the fallout from the 2007–2008 financial crisis; the austerity policies undertaken in the U.K. since 2010; and the increased migration into the U.K. after the financial crisis, in particular from other EU Member States. The article concludes by arguing that Brexit should serve as an important lesson to listen to all people who feel abandoned by the EU, austerity and globalisation, to hear their stories and perspectives. Only then can we start to think about whether there are shared values and principles which could form the basis for a European politics of the future.

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<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>

scholarly journals Considerations on the Infringement Procedure against Romania

2022 ◽  
Author(s):  
Crina Mihaela Verga ◽  
◽  
◽  
◽  
◽  
...  
Keyword(s):  
European Union ◽  
Good Practice ◽  
Legal Framework ◽  
Comparative Methods ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Relevant Case ◽  
The Eu

This paper is a study of the infringement procedure, as it is regulated at EU level. Thus, we first analyze the existing legal framework on the matter. The implementation of this procedure in various Member States of the European Union and its consequences are then presented. Last but not least, the article refers to a series of aspects regarding the fields in which the procedure was directed against Romania since its integration into the EU. The purpose of the essay is to present in detail Romania's situation regarding the violation of EU’s law.Thus, a comparative presentation throughout time of the number of such proceedings launched against the Romanian state was made.A relevant case in which Romania was tried and convicted was also presented in detail.The large number of cases launched in 2021 highlights the delays registered by Romania on the matter. The measures ordered by the Romanian government through the elaborated the Annual Transposition Plan-2021must be carefully and systematically implemented. Romania could also consider and effectively apply the examples of good practice from the other EU’s member states. The historical and the comparative methods used in this presentation reveal both the similarities between the application of this procedure in the EU Member States under review as well as the differences and its succession in time. The article is important not only for the scientists, but also for the practitioners to dispose all the necessary measures that are required.

Development, the European Union and the financial crisis: assessing the picture

2016 ◽  
Vol 23 (2) ◽  
pp. 441-464 ◽  
Author(s):  
Graeme Baber
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Financial Crisis ◽  
The European Union ◽  
Member States ◽  
Content Type ◽  
The Sustainable Development ◽  
Development Index ◽  
The World ◽  
The Eu

Purpose The purpose of this paper is to investigate the developmental status of the Member States of the European Union (EU) in the wake of the global financial crisis. Design/methodology/approach The paper considers the three elements in pairs, i.e. development and the EU, development and the financial crisis, and the EU and the financial crisis, and synthesises these by answering the questions propounded in the introduction. A sustainable development index is constructed for all 28 Member States of the EU. In the next section, the association between the financial crisis and sustainable development is considered for four non-European developing countries, using correlation analysis. Following this, the construction of the EU’s regulatory framework in the wake of the financial crisis is summarised. Findings Member States who did not have the status of advanced economies on joining the EU have closed the development gap on their neighbours. Of the four non-European countries, the financial crisis is not a major factor in the sustainable development of three of them. Post-crisis legislative reforms within the EU are comprehensive. Nonetheless, a long-term perspective must be taken to effectively address the issues that underlie development, within the EU and beyond. Research limitations/implications The sustainable development index incorporates most, but not all, of the World Bank’s sustainable development goals. Countries omit to supply data to the World Bank, so figures need to be estimated. Regression analysis is avoided, because of the variable measurement problems therein. Therefore, no claims are made as to causation. All arithmetic workings are shown. Originality/value The paper integrates three concepts, which is a new research.

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