scholarly journals A Conceptual Understanding of EU Sectoral Administrative Law

2018 ◽  
Author(s):  
Herwig C H Hofmann ◽  
Gerard C Rowe ◽  
Alexander H Türk
Keyword(s):  
European Union ◽  
Conceptual Understanding ◽  
Administrative Law ◽  
The European Union ◽  
European Union Law ◽  
The Difference ◽  
The Eu

Any attempt to survey the sectoral administrative law of the European Union begs a number of fundamental questions. First, how do we understand ‘administrative law’, especially in relation to a supranational structure and system, such as that of the Union? Secondly, what exactly might we understand by ‘sectoral’ or ‘specialized’ administrative law, again especially in the context of the EU? Thirdly, just what is the difference between European Union law as such, and its administrative law. These distinctions, and the definitions attempted, are not addressed here just as scholarly abstractions. We take the view that understanding them and differentiating between these terms will make clear from the outset what this book attempts to cover, especially with respect to the concepts of both general EU administrative law and specialized EU administrative law employed here (which may or may not be similar to conceptualizations found in national contexts where these terms are employed).

Turkey and Europe: The Role of Migration

2013 ◽  
Vol 21 (3) ◽  
pp. 394-399
Author(s):  
Pieter Emmer
Keyword(s):  
European Union ◽  
Political Parties ◽  
The Netherlands ◽  
The European Union ◽  
Full Member ◽  
Turkish Immigrants ◽  
Eu Member States ◽  
The Difference ◽  
The Eu

In spite of the fact that negotiations have been going on for years, the chances that Turkey will eventually become a full member of the European Union are slim. At present, a political majority among the EU-member states headed by Germany seems to oppose Turkey entering the EU. In the Netherlands, however, most political parties are still in favour of Turkey's membership. That difference coincides with the difference in the position of Turkish immigrants in German and Dutch societies.

Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

2018 ◽  
Keyword(s):  
European Union ◽  
Social Life ◽  
The European Union ◽  
European Union Law ◽  
European Continent ◽  
External Relations ◽  
History Of ◽  
Judicial Protection ◽  
Political Economic ◽  
The Eu

Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of 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.

14. Interest Groups and the European Union

2019 ◽  
pp. 201-218
Author(s):  
Rainer Eising
Keyword(s):  
European Union ◽  
Interest Groups ◽  
Interest Group ◽  
The European Union ◽  
Group System ◽  
The Difference ◽  
Group Structures ◽  
The Relationship ◽  
The Eu

This chapter examines the role of interest groups in European Union (EU) politics. It also considers the way in which the EU institutions influence interest group structures and activities. The chapter begins with an overview of the relationship between the EU institutions and interest groups and examines the steps taken thus far to regulate that relationship. It then looks at the evolution and the structure of the interest group system, focusing in particular on two salient aspects: the difference between national and EU organizations; and the difference between specific and diffuse interests.

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 THE MOLDOVAN BANK FRAUD (2012-2015). A process tracing analysis of the Moldovan $1 billion money laundering

2020 ◽  
pp. 96-107
Keyword(s):  
European Union ◽  
Money Laundering ◽  
Secondary Analysis ◽  
Banking System ◽  
The European Union ◽  
Eu Membership ◽  
The Difference ◽  
The Republic ◽  
The Stability ◽  
The Eu

In the 2012-2015 period, $1 billion have been stolen from three Moldovan banks, which is the equivalent of 12% of the country’s GDP. The highly fraudulent environment in the RM allowed for the successful application of fraudulent schemes for three years, without it being seized and frozen. This paper seeks to decipher the schemes that were applied as well as argue how the integration into the European Union would have lowered the corruption and thereby prevent the fraud from happening. Even though several scholars discussed the bank fraud and how it affected the relationship between Moldova and the EU, they do not address how the steps of integration into the European Union could gradually regulate the level of corruption in the RM and subsequently eliminate the possible methods of committing the bank fraud. Through a comparative analysis of Romania and the Republic of Moldova, I aim to demonstrate that the difference between the level of corruption and the stability of the banking system in these two countries is due to EU membership. Further, through secondary analysis of qualitative data, and semi-constructed interviews, I conclude that, in theory, my argument holds – the instruments the EU applies on the candidate countries would not have allowed the fraudulent schemes to be put into action. However, the EU failed to apply the conditionality concept on Romania and thus, it is possible that the money laundering in the RM could have happened even if it had been a member of the EU.

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

scholarly journals Process analysis transit of municipal waste. Part I - International provisions of law

2017 ◽  
Vol 28 (2) ◽  
pp. 28-35
Author(s):  
Dariusz Starkowski ◽  
Paweł Bardziński
Keyword(s):  
European Union ◽  
Process Analysis ◽  
Waste Utilization ◽  
The European Union ◽  
Waste Streams ◽  
European Union Law ◽  
Legal Provisions ◽  
Waste Production ◽  
Legal Document ◽  
The Eu

Abstract One of the crucial reasons of the system changes of waste management in our legal system in Poland was a need to implement solutions and mechanisms that are applied in the European Union. At the European Union law level, a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives constitutes a basic legal document described in this part of the article. The essential idea of the quoted directive is creating legal measures, promotion of eliminating waste production and treating it as a source instead. Achievement of these assumptions requires providing segregation at source and recycling of the main waste streams above all. It is necessary to encourage this action and support the reuse of products and waste utilization. Indicated international legal instruments are of primary importance for internal rules, which shall be constructed in a way that enables the achievement of goals determined by the EU law. Legal-organizational internal systems associated with the management of waste have undergone substantial changes from 2010. National legal provisions will be presented in the second part of the article.

scholarly journals Pieteikuma tiesības administratīvajā tiesā: nacionālo tradīciju un Eiropas Savienības tiesību savstarpējā mijiedarbība

2021 ◽  
pp. 474-480
Author(s):  
Inga Bērtaite-Pudāne ◽  
Keyword(s):  
European Union ◽  
Administrative Law ◽  
The European Union ◽  
European Union Law ◽  
Procedural Law ◽  
National Courts ◽  
The Law ◽  
Judicial Protection

Standing before court is one of the preconditions for admissibility of application, which is to be evaluated by a judge in every administrative case. The article proposes to look at this aspect of the national procedural law on a broader scale. Firstly, the article provides an insight as to how two fundamental models of standing vested by the administrative law have developed in the law of continental Europe – interest-based, which is embodied by France, and rights-based, which is embodied by Germany, and how they have influenced development of the standing in other countries. Secondly, the article explores an interaction between the national law of standing and the European Union law, focusing on the effect of the principle of effective judicial protection in respect of standing of individuals before the national courts.

scholarly journals Features of EU Involvement in the Negotiation Process on the Transnistrian Settlement (1994–2005)

2021 ◽  
Vol 103 (3) ◽  
pp. 106-116
Author(s):  
Nina Shevchuk ◽  
Keyword(s):  
European Union ◽  
International Conflict ◽  
Negotiation Process ◽  
The European Union ◽  
The West ◽  
Historical Material ◽  
The Difference ◽  
Economic Tools ◽  
Official Status ◽  
The Eu

The theme of the article is the EU participation in the transnistrian settlement with an emphasis on its observer status in the 5+2 format. It covers the period from the beginning of the negotiation process in 1994 until the EU gained observer status in 2005. Based on historical material, the author shows how the EU was gradually involved in the Transnistrian settlement process and how European mediation evolved, using political and economic tools more actively than the methods of traditional diplomacy. The author identified factors that affect the EU's interaction with the parties to the conflict and including – Russia. At the same time, the author focused on the tools used by the European Union in the conflict region even before its official involvement in the negotiations, including the introduction of sanctions against the leadership of Transnistria. The article also explores the essence of the institution of observer on the example of the EU participation in the negotiations in the "5+2" format. It is shown that the external participants in the negotiations on the Transnistrian settlement are equal, despite the difference in their official status. The Europeanization of the Transnistrian settlement failed to energies the negotiation process and increase its productivity, but it allowed the European Union to test new mediation tools, optimize approaches to the settlement of a modern international conflict, and strengthen its position in the conflict region, which remains a zone of geopolitical competition between Russia and the West.

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