Title I Common Provisions

2019 ◽  
Author(s):  
Marcus Klamert
Keyword(s):  
Title I ◽  
Subject Matter ◽  
Legal Order ◽  
Policy Area ◽  
Specific Policy ◽  
Eu Integration ◽  
The Eu

The title ‘Common Provisions’, comprising Articles 1–8 TEU, regroups norms that are very different both in terms of their nature and their subject matter. Articles 1–6 TEU are general provisions on the foundations of EU integration and of the EU legal order. Article 7 TEU establishes a procedure for safeguarding the Union’s founding values as enshrined in Article 2 TEU. Article 8 TEU deals with quite a specific policy area, namely relations with neighbouring countries.

The Environmental Challenges of EU Enlargement

2014 ◽  
Vol 11 (1) ◽  
pp. 49-68
Author(s):  
Aleksandra Čavoški
Keyword(s):  
Eu Enlargement ◽  
Integration Process ◽  
Western Balkans ◽  
Policy Area ◽  
Institutional Economic ◽  
Eu Integration ◽  
Weakest Link ◽  
Accession Countries ◽  
The Eu

Although the implementation of the acquis is a crucial element of the EU integration process, it is recognised as its ‘weakest link’. The implementation deficit is especially apparent with the EU environmental acquis, both in the existing member states and the accession countries. Most recently, following the accession of Croatia, the EU faces prospective enlargement to other Western Balkans countries. The author argues that there are specific problems in implementing the environmental acquis in accession countries and that the case of Serbia, or other countries of the Western Balkans, is not particularly unique. The case study used to support this argument is the implementation of the waste acquis in Serbia as it represents a highly demanding and costly policy area for national authorities and the country faces extensive legal, institutional, economic and financial challenges in implementing the environmental acquis.

Mutual Recognition, Pre-emption and De-centralisation in the Common Agricultural Policy

2020 ◽  
Vol 13 (3) ◽  
pp. 135-157
Author(s):  
Annalisa Volpato
Keyword(s):  
Mutual Recognition ◽  
National Level ◽  
Early Years ◽  
Policy Area ◽  
Eu Integration ◽  
Food Law ◽  
The Common ◽  
Regulatory Powers ◽  
The Eu

The CAP is a fundamental policy area which has experienced profound changes since its establishment in the early years of EU integration – changes in nature, organization and power balance between the EU and national level. Within this policy area, the principle of mutual recognition is traditionally considered inapplicable. However, the increasing decentralisation of the CAP and subsequent regaining of regulatory powers by the Member States may pave the way for a more significant application of this principle. Mutual recognition also finds application in some sectoral legislation in the field. Thus, the objective of this contribution is to reflect on the role of the principle of mutual recognition in light of this evolution and, in doing so, highlighting the correlations between this principle, pre-emption and decentralisation in EU agri-food law.

Title IX Employment

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Title I ◽  
Title Ix ◽  
Policy Coordination ◽  
Legal Order ◽  
Member States ◽  
Employment Policies ◽  
Article 5 ◽  
Legal Infrastructure ◽  
The Eu

Title IX on employment lays down the legal infrastructure for policy coordination at the EU level. This largely non-legislative, coordinating competence is an atypical one in the EU legal order, as reflected in Title I of the TFEU on categories and areas of Union competence. Article 2(3) TFEU provides that ‘the Member States shall coordinate their economic and employment policies within arrangements as determined by this Treaty, which the Union shall have competence to provide’, which is mentioned separately from the categories of exclusive, shared, and complementary competence created by the ToL. It is further specified in Article 5 TFEU.

scholarly journals The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches

2007 ◽  
Vol 6 (1) ◽  
pp. 45-87 ◽  
Author(s):  
ANTONIS ANTONIADIS
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Political Institutions ◽  
Legal Order ◽  
The European Union ◽  
Comprehensive View ◽  
Court Of Justice ◽  
Community Legal Order ◽  
The Eu

Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU's political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to explore the considerations shaping the development of the different approaches and to argue that these stem from the interaction between the judiciary and the legislature. In doing so, this article purports to provide a comprehensive view of the application of WTO law within the Community legal order.

Cannons over the EU legal order: The decision of the BVerfG (5 May 2020) in the Weiss case

2021 ◽  
Vol 28 (1) ◽  
pp. 123-142
Author(s):  
Filippo Annunziata
Keyword(s):  
Monetary Policy ◽  
Judicial Review ◽  
Legal Order ◽  
Banking Union ◽  
Preliminary Ruling ◽  
Banking Supervision ◽  
The Public ◽  
Changes Over Time ◽  
Over Time ◽  
The Eu

The Weiss affair, culminating in the BVerfG ruling of 5 May 2020 ( Weiss II), marks a break-up point in the long-standing dialogue between the BVerfG and the CJEU. The judges in Karlsruhe refused to follow the decision rendered by the CJEU in a preliminary ruling ( Weiss I) and ordered EU institutions to provide further clarifications on the proportionality assessment of the Public Sector Purchase Programme. This paper claims that the principles applied by the BVerfG in Weiss I are quite similar to those employed in the Gauweiler and Landeskreditbank-Banking Union cases. Considering that background, it will be argued that the construction of the principles employed by the BVerfG for the judicial review of EU acts did not undergo dramatic changes over time. The different outcome of Weiss II is due to the fact that, according to the BVerfG, insufficient elements of explanation and justification were provided by the ECB and the CJEU. Therefore, the central problem of Weiss II ends up being a procedural question of allegedly insufficient statements of reasons. From Gauweiler to Weiss II, one also sees the development of the standards for the judicial review of the ECB’s decisions, in the fields of both monetary policy and banking supervision.

Fighting disinformation. The impact of the Covid-19 on youth trust in European Institutions

2021 ◽  
pp. 71-89
Author(s):  
Lucia D’Ambrosi ◽  
Isabel Iniesta ◽  
Mariaeugenia Parito ◽  
Ricardo Pérez-Calle
Keyword(s):  
Multivariate Analysis ◽  
Young People ◽  
Quantitative Study ◽  
Sense Of Belonging ◽  
Analysis Method ◽  
Eu Integration ◽  
European Institutions ◽  
Communicative Actions ◽  
The Impact ◽  
The Eu

The pandemic crisis and the linked infodemic are extraordinary cases to test the EU capability to manage the disinformation disorder, especially towards young people. This paper aims to analyse the impact of the EU communicative actions regarding disinformation about Covid-19, on trust and sense of belonging in young Italian and Spanish university students. The research presents an exploratory and quantitative study that uses a second-generation multivariate analysis method. The results show that trust can be very well the resource on which EU communicative actions may positively impact. Nevertheless, our study reveals that the EU in-stitutions measures have not increased sense of belonging in EU integration.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

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