Article 193 TFEU

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Legal Basis ◽  
Protective Measures ◽  
Environmental Measure ◽  
The Eu

Article 193 TFEU lays down the principle of minimum harmonization for measures adopted on the environmental legal basis of Article 192 TFEU. Its wording suggests a constitutional obligation on the EU institutions and a clear limit on the scope of any measures adopted on the basis of Article 192 TFEU. Many measures adopted on the basis of Article 192 TFEU themselves also contain a similar provision, indicating that MS shall not be prevented from maintaining or adopting more protective measures. However, the ECJ has confirmed that also in the absence of such a specific provision in an environmental measure, the minimum harmonization principle applies.

Court of Justice Upholds the Tobacco Products Directive 2014

2016 ◽  
Vol 7 (3) ◽  
pp. 623-628
Author(s):  
Katharina Ó Cathaoir
Keyword(s):  
Electronic Cigarettes ◽  
Equal Treatment ◽  
Legal Basis ◽  
Tobacco Products ◽  
Free Competition ◽  
Court Of Justice ◽  
Secretary Of State ◽  
Charter Member ◽  
Philip Morris ◽  
The Eu

C-547/14 Philip Morris Brands SARL and Others v Secretary of State for Health [2016] (not yet reported)C-477/14 Pillbox 38 (UK) Ltd v Secretary of State for Health [2016] (not yet reported)C-358/14 Poland v. Parliament and Council [2016] (not yet reported)Article 114 TFEU provides an adequate legal basis for the adoption of the Tobacco Products Directive 2014 in full, including measures relating to flavoured tobacco, labelling and packaging, and electronic cigarettes. These measures also comply with the principles of proportionality, subsidiarity, legal certainty, equal treatment and free competition, and the rights of companies under the EU Charter. Member States may introduce further requirements in relation to packaging of tobacco products that are not harmonised by the Directive.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

Title XX Environment

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Policy Making ◽  
Environmental Law ◽  
Case Law ◽  
Legal Basis ◽  
Common Concern ◽  
Law And Policy ◽  
Dense Set ◽  
The Eu

The environment does not respect man-made borders, and is of common concern and interest of all mankind. As such, it is an area that merits and requires cross-border law and policy making par excellence. This should be reflected in the strong role played by the EU, which has a firm Treaty mandate and duty to protect the environment, features a rich body of case law, and boasts a dense set of secondary legislation. The very good reasons for this notwithstanding, it remains a remarkable development considering the absence of any reference to the environment in the original Treaties. Although a programme for action in this area was soon adopted in 1973, only in the 1986 SEA was an environmental legal basis introduced. Much of the initial environmental acquis was therefore developed by the Commission, the Council, and later the EP on the basis of other Treaty provisions, such as (now) Articles 114, 115, and 352 TFEU. EU environmental protection also owes a debt to the ECJ, which included it in the legitimate objectives on the basis of which MS could derogate from the free movement provisions. The Court has interpreted the provisions of EU environmental law generally in a protective manner, and endorsed the use of criminal law for the effective enforcement of EU environmental legislation.

EUNAVFOR OPERATION ATALANTA OFF SOMALIA: THE EU IN UNCHARTERED LEGAL WATERS?

2015 ◽  
Vol 64 (3) ◽  
pp. 533-568 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Careful Analysis ◽  
Legal Framework ◽  
European Law ◽  
The European Union ◽  
Legal Basis ◽  
Extensive Discussion ◽  
Operation Atalanta ◽  
Somali Coast ◽  
The Eu

AbstractEUNAVFOR Operation Atalanta has been the first maritime operation of the European Union and it has certainly been successful given the significant decrease of pirate attacks off the Somali coast. However, various issues have been raised concerning its legal basis under international law and its legal framework, including questions of responsibility. These issues are particularly interesting since the EU has a more integrated legal order than other organizations involved in such operations (eg UN, NATO). The present article attempts to address these issues against the background of international and European law. Even though the legal basis of the Operation is clear from a European law perspective, there have been certain misconceptions concerning the legal basis of the Operation under international law. The delineation of the Operation's legal framework requires a careful analysis of the rules applicable to each of its phases and of its addressees, since each phase is subject to different rules which are binding on different actors. Finally, there is an extensive discussion of questions of responsibility, which were heavily influenced by the applicable Rules of Engagement and of the actual conduct of the Operation. The conclusion is that, at least on the high seas, responsibility should primarily rest with the flag States rather than with the EU. However, in most cases the EU is indirectly responsible for violations of international law, except in cases where suspected pirates are transferred to third States pursuant to EU agreements with such States, in which case it bears primarily responsibility.

scholarly journals AMMISSIONE DI STRANIERI SUL TERRITORIO NAZIONALE ATTRAVERSO ‘CORRIDOI UMANITARI’ CON SPONSOR PRIVATI

2020 ◽  
Author(s):  
Carola Ricci
Keyword(s):  
New York ◽  
International Law ◽  
Best Practice ◽  
Humanitarian Assistance ◽  
Legal Basis ◽  
Safe Alternative ◽  
Security Screening ◽  
Challenges And Opportunities ◽  
Multi Stakeholder ◽  
The Eu

The scope of the present research is to understand to what extent a recent and fruitful private initiative sponsoring a safe alternative legal pathway ‘par avion’ recently spread from Italy and called “humanitarian corridors”, may in a future become a general and uniform alternative model for other European Union States. Such a best practice, which represents currently an exceptional route for vulnerable migrants mostly from Lebanon and Eritrea to enter the country without harm after a security screening and to be materially supported by the same sponsors in the crucial initial phase of integration, could potentially be extended to other EU States. Its legal basis should not be restricted to Article 25 of the Visa Code (recently interpreted by the EU Court of Justice as posing no obligation on Member States to grant humanitarian visa). There already exist clear obligations to grant humanitarian assistance to vulnerable people at risk stemming out from international law (both general and conventional) that do constitute the adequate legal basis both for States and civil society, to act in a “multi-stakeholder alliance” in order to find solutions to the challenges and opportunities deriving from international migration, as indicated in the 2016 New York Declaration.

scholarly journals Public Participation in the Establishment and Management of the Natura 2000 Network—Legal Framework and Administrative Practices in Selected Member States

2008 ◽  
Vol 5 (1) ◽  
pp. 35-68 ◽  
Author(s):  
Herwig Unnerstall
Keyword(s):  
Public Participation ◽  
Natura 2000 ◽  
Legal Framework ◽  
Habitats Directive ◽  
Preliminary Evaluation ◽  
Legal Basis ◽  
Natura 2000 Network ◽  
Member States ◽  
Administrative Practices ◽  
The Eu

AbstractThe Natura 2000 network is one of the most important instruments for biodiversity conservation in the EU. Public participation at its establishment and its management is an idea often promoted for improving implementation and hence conservation results. The Habitats Directive being the legal basis for the network does not pay attention to the issue of public participation—leaving the task to the Member States. This paper analyses and compares the legal basis and administrative practices of a number of Member States in regard to public participation at different stages of development of the network. It distinguishes different of types of public participation and makes a preliminary evaluation of them.

scholarly journals A New Form of Democratic Oversight in the EU: The Joint Parliamentary Scrutiny Group for Europol

2018 ◽  
Vol 10 (3) ◽  
pp. 184-213
Author(s):  
Ian Cooper
Keyword(s):  
Political Process ◽  
Economic Governance ◽  
Legal Basis ◽  
National Parliaments ◽  
Management Board ◽  
Policy Field ◽  
Rules Of Procedure ◽  
New Form ◽  
Written Questions ◽  
The Eu

Abstract In 2017, a new Joint Parliamentary Scrutiny Group (JPSG) was created to enable members of the national parliaments of the EU and the European Parliament to exercise joint oversight of the EU agency for police cooperation (Europol). This paper chronicles and explains the lengthy legal and political process leading up to the first meeting of the Europol JPSG in October 2017, and the establishment of its Rules of Procedure at its second meeting in March 2018. In addition, the Europol JPSG is compared to the three EU inter-parliamentary conferences (IPCs) which meet twice-yearly to discuss EU affairs, foreign policy and economic governance. While there are many similarities, the JPSG differs from these others in that it has an explicit mandate to scrutinize, and the target of its scrutiny is a specific EU agency rather than a whole policy field. The JPSG is also distinctive in a number of key respects, including a stronger legal basis, more restrictive membership and participation rules, greater continuity of membership, stronger access to EU officials and documents, a seat on the Europol Management Board and an explicit right to ask oral and written questions. Taken together, these attributes indicate that the JPSG is designed to be an oversight body, rather than merely a discussion forum. Finally, the paper considers the likely future UK role in relation to the Europol JPSG after Brexit.

scholarly journals THE NEW CAP IN BULGARIA: (MISSED) OPPORTUNITY FOR HIGH NATURE VALUE FARMING?

2021 ◽  
Author(s):  
Yanka Kazakova-Mateva ◽  
Keyword(s):  
European Commission ◽  
Biodiversity Conservation ◽  
Strategic Plan ◽  
Member States ◽  
Global Challenges ◽  
Support Measures ◽  
Environmental Measure ◽  
Missed Opportunity ◽  
The Eu

Biodiversity conservation is one of the key global challenges. The interaction between biodiversity and agriculture is varied and often - negative. High Nature Value farming is the exception with positive synergy, and the CAP prioritizes its support. The Bulgarian agri-environmental measure has targeted support schemes for High Nature Value farmlands since 2006. In 2020, the European Commission indicated that Bulgaria is among the member states with the highest loss of these type of farmlands in the EU. The main aim of the paper is to examine the extent to which the programming of the new CAP in Bulgaria addresses the risk of continued loss of High Nature Value farmlands and includes adequate support measures and schemes. Recommendations for the improvement of the CAP Strategic plan in Bulgaria are also developed.

EU Acts and Member State Acts in the Negotiation, Conclusion, and Implementation of International Agreements

2018 ◽  
Author(s):  
Alan Dashwood
Keyword(s):  
Decision Making ◽  
Member State ◽  
External Action ◽  
International Agreements ◽  
International Agreement ◽  
Legal Basis ◽  
Treaty Of Lisbon ◽  
Procedural Code ◽  
The Eu

The new institutional balance resulting from the Treaty of Lisbon is being tested nowhere as sharply as in the field of the exercise of the EU’s powers of external action. There is a wealth of recent litigation clarifying aspects of the procedural code, now set out in Article 218 TFEU, which governs the negotiation, conclusion, and implementation of international agreements concluded on behalf of the EU. This chapter explores issues connected with the adoption of acts within the framework of Article 218, including the designation of the Union negotiator, the choice of legal basis for decisions on the conclusion of agreements and the enhanced role of the European Parliament in such decisions. Also discussed are certain controversial developments in the procedure that applies for determining the Union’s position in a decision-making body established under an international agreement, and other issues including the legality of so-called ‘hybrid acts’.

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