Article 70 TFEU

Author(s):  
Michael Wilderspin

Without prejudice to Articles 258, 259 and 260, the Council may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States’ authorities, in particular in order to facilitate full application of the principle of mutual recognition.

2021 ◽  
Vol 14 (2) ◽  
pp. 5-28
Author(s):  
Kathrin Hamenstädt

Mutual trust constitutes the foundation of the principle of mutual recognition, which in turn embodies a cornerstone of the Area of Freedom, Security and Justice (AFSJ). This contribution explores the development of the relationship between trust and distrust in two mutual recognition regimes of the AFSJ. It bases on the premise that trust and distrust are inextricably linked, and that their relationship should not be perceived as one of mutual exclusivity or contradiction. The analysis addresses exceptions to mutual recognition, which are often perceived as manifestations of distrust, and examines their potential impact on mutual trust. It is submitted that exceptions to mutual recognition are necessary requirements for building and maintaining trust in the AFSJ and that they constitute an adaptation of the principle of mutual recognition to the particularities of the AFSJ. Next to the horizontal dimension of trust (i.e., trust among Member States) the analysis adds a new perspective by highlighting the importance of the vertical dimension of trust.


2021 ◽  
Vol 1 ◽  
pp. 13-20
Author(s):  
Tatyana B. Kulikova ◽  

The object of scientific research within the framework of this article is ways of overcoming barriers and exemptions on the way of the implementation by the member states of the Eurasian Economic Union of their international obligations on the mutual recognition of education. To achieve this goal, an analysis was carried out of the reasons for the ineffectiveness of the obligations declared at the level of the integration association to recognize in one of the EAEU member states documents on education and (or) qualifications, documents on academic degrees and titles obtained in another state of the Union. The author substantiated the possibility of using the tools of professional and public accreditation of educational programs in the context under consideration, subject to expanding the territorial boundaries of its implementation and recognizing the significance of the results obtained within the integrated educational space. The proposed measures for the implementation and implementation of these instruments at the international level will ensure the effectiveness of the freedom of movement of labor within the studied integration association.


Author(s):  
Jonathan Tomkin

Article 47 EC In order to make it easier for persons to take up and pursue activities as self-employed persons, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, issue directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications and for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons.


2020 ◽  
pp. 002367722096858
Author(s):  
Ismene A Dontas ◽  
Kenneth Applebee ◽  
Martje Fentener van Vlissingen ◽  
Viola Galligioni ◽  
Katerina Marinou ◽  
...  

Article 23(2) of the European Union Directive 2010/63/EU, which regulates welfare provisions for animals used for scientific purposes, requires that staff involved in the care and use of animals for scientific purposes be adequately educated and trained before they undertake any such work. However, the nature and extent of such training is not stipulated in the Directive. To facilitate Member States in fulfilling their education and training obligations, the European Commission developed a common Education and Training Framework, which was endorsed by the Member States Competent Authorities. An Education & Training Platform for Laboratory Animal Science (ETPLAS) Working Group was recently established to develop further guidance to the Learning Outcomes in the Framework, with the objective to clarify the levels of knowledge and understanding required by trainees, and to provide the criteria by which these Learning Outcomes should be assessed. Using the Framework document as a starting point, assessment criteria for the Learning Outcomes of the modules required for Function A persons (carrying out procedures on animals) for rats, mice and zebrafish were created with sufficient detail to enable trainees, providers and assessors to appreciate the level of knowledge, understanding and skills required to pass each module. Adoption and utilization of this document by training providers and accrediting or approving bodies will harmonize introductory education and training for those involved in the care and use of animals for scientific purposes within the European Union, promote mutual recognition of training within and between Member States and therefore free movement of personnel.


2015 ◽  
Vol 8 (1) ◽  
pp. 82-105
Author(s):  
Raimundas Jurka ◽  
Jolanta Zajančkauskienė

Abstract Employing systematic document analysis and other methods, this article analyses a long-standing and still relevant issue related to the interpretation and application of the law regulating relationships in the field of European Union criminal justice within the framework of the national criminal proceedings that are taking place in EU member states. The article places special emphasis on the explanation and application of the principle of mutual recognition within the framework of one of the newest instruments of international cooperation in the European Union criminal proceedings meant to prevent conflicts of exercise of jurisdiction and to solve issues arising between two or more member states. The analysis of conflicts of exercise of jurisdiction provided in this paper is not limited to a mere explanation of the concept as such, but includes an essential analysis of other related issues, such as the principle of mutual recognition, its influence on the recognition of criminal proceedings as parallel proceedings, and including other aspects related to the matching of the form of national criminal proceedings with the criminal proceedings taking place in another member state. Finally, significant attention is given to one of the objectives in terms of prevention and solution of conflicts of exercise of jurisdiction, namely, the ne bis in idem principle and its application in case of parallel criminal proceedings taking place in two or more member states. One of the key conclusions offered here is that in order to eliminate conflicts of exercise of jurisdiction, positive law in the process of conflicts of jurisdiction must become an effective measure in criminal justice; however, only on the condition that at least a minimum likelihood in the form of criminal proceedings adopted by different EU members states is ensured as a precondition necessary to enable a smooth application of the principle of mutual recognition.


2019 ◽  
Vol 3 (1) ◽  
pp. 91-131
Author(s):  
Afonso Patrão

One of the main obstacles to the internal market is legal diversity: Member States often adopt different legal standards not only within public and economic law but also with regard to private law. The traditional approach of European Institutions (harmonising legislation among Member States) was soon complemented by the principle of mutual recognition; these two methodologies embodied the European strategy for minimising the problem. However, a third European tool is becoming obvious: to give private parties the ability to choose the applicable law. This new approach enhances regulatory competition among Member States and turns unessential the unification of national rules, which suits best the proportionality principle. Party autonomy as a means for overcoming the difficulties of legal diversity is not only a reality in European statutory law – which already brought the ability for choosing the applicable law to contracts, torts, divorce, inheritance, alimony, matrimonial property – but is also highlighted in ECJ’s case-law, which declared legal diversity is not a barrier to the basic freedoms as long as parties may choose the applicable rules. The article will focus on the grounds and advantages of this method to address the issue of legal diversity, advocating its use in areas where the traditional approach is ineffective or impossible (such as some rights in rem, within the scope of the freedom of movement of capital).


2020 ◽  
Vol 13 (3) ◽  
pp. 89-108
Author(s):  
Henrik Wenander

This article looks into the meaning of the concepts of sincere cooperation, mutual trust, and mutual recognition in EU social security coordination. It analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather, it balances the Member States' interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may therefore be set aside in extraordinary cases.


2020 ◽  
Vol 20 (2) ◽  
pp. 346-370
Author(s):  
Dimitris Liakopoulos

The present work concentrates on the analysis of Regulation 2018/1805 for the Mutual Recognition of Freezing Confiscation Measures, the ʻproblemsʼ created or solutions that it tried to provide in internal regulations in the field of criminal cooperation efficiency to the system of mutual recognition collaboration between EU member states in the procedural criminal sector.


2018 ◽  
Vol 24 (2) ◽  
pp. 248-254
Author(s):  
Ralitsa Voynova

Abstract Subjects of analysis in this paper are the latest instruments for investigation and collection of evidence in criminal cases applicable to the legal cooperation between the EU Member States. Emphasis is placed on the European Investigation Order (EIO) - the newest EU measure for legal assistance in criminal matters. Based on a comparison with existing tools in the same field there are highlighted the advantages of EIO for affirmation of the principle of mutual recognition of judgments in the European area of criminal justice


Author(s):  
Catherine Barnard

This chapter examines non-fiscal barriers to trade. Three Treaty provisions are relevant: Article 34 TFEU on imports; Article 35 TFEU on exports; and Article 36 TFEU containing derogations from Articles 34–5 TFEU. The discussions cover quantitative restrictions; measures having equivalent effect including the leading case of Cassis de Dijon; distinctly and indistinctly applicable measures; the principle of mutual recognition and regulation 2019/515; the market access approach following Trailers; and Directive 2015/1535, which requires Member States to notify the Commission of any draft technical regulations before they are adopted and before they create barriers to trade, so that they can be checked for their compatibility with Union law.


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