Europe's Passive Virtues

2020 ◽  
Author(s):  
Jan Zglinski
Keyword(s):  
Member State ◽  
Judicial Review ◽  
Original Data ◽  
Free Movement ◽  
Data Set ◽  
Division Of Powers ◽  
National Institutions ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Impact

This book investigates the phenomenon of deference to Member State authorities in EU free movement law. It enquires into the decision-making latitude which the European Court of Justice grants national institutions by means of two deference doctrines: the margin of appreciation and decentralized judicial review. At the same time, it sheds light on a number of broader developments in European law. These include changes in the intensity of judicial review, the relationship between centre and periphery, the interaction between political and adjudicative processes, and the division of powers between EU and Member State courts. Drawing on an original data set of free movement cases from 1974 to 2013, the book examines how and which decisions the Court defers to national institutions. It tests the impact of twelve variables on the practice of judicial deference. The results reveal that free movement law and the internal market have substantially changed over the past four decades. The Court has scaled down its involvement in and reduced its control over Member State affairs. The book argues that these new-found ‘passive virtues’ are linked to the legal, political, and institutional changes that have taken place in the EU.

Decentralized Judicial Review

2020 ◽  
pp. 97-124
Author(s):  
Jan Zglinski
Keyword(s):  
Member State ◽  
Judicial Review ◽  
National Level ◽  
Case Law ◽  
Free Movement ◽  
State Courts ◽  
European Court ◽  
Role Allocation ◽  
Over Time ◽  
Eu Free Movement Law

This chapter explores the practice of decentralized judicial review and its implications for the European Court of Justice’s relationship with Member State courts. The division of judicial powers in the EU is assessed with a focus on justification and proportionality review. Drawing on the data from the case law survey, the analysis sheds light on the role allocation between European and national judges in free movement disputes. It investigates to what extent the distinctions between law/fact and interpretation/application capture their respective functions. The findings show that the power of Member State courts has grown significantly over time, with the Court of Justice delegating an ever greater number of decisions to the domestic judiciaries. As a result of this, EU free movement law is being increasingly shaped at the national level.

The New Free Movement Architecture

2020 ◽  
pp. 9-40
Author(s):  
Jan Zglinski
Keyword(s):  
Judicial Review ◽  
European Court Of Justice ◽  
Free Movement ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Margin Of Appreciation ◽  
Long Time ◽  
Regulatory Decisions ◽  
National Legislatures

This chapter provides a conceptual analysis of judicial deference in free movement law. It argues that the reason for the growing relevance of deference in free movement cases is rooted in a shift in focus away from the scope of rights towards justification and proportionality. The European Court of Justice has created two deference doctrines: the margin of appreciation and decentralized judicial review. While the margin of appreciation doctrine is employed to pass certain regulatory decisions over to national legislatures and executives, decentralized judicial review is used to delegate responsibilities connected with free movement review to national courts. Both deference techniques represent a departure from the Cassis de Dijon approach, which has, for a long time, defined large parts of free movement adjudication, and have significant institutional consequences.

scholarly journals Political control and policy-making uncertainty in executive orders: the implementation of environmental justice policy

2018 ◽  
Vol 39 (2) ◽  
pp. 329-358 ◽  
Author(s):  
Colin Provost ◽  
Brian J. Gerber
Keyword(s):  
Environmental Justice ◽  
Policy Making ◽  
Original Data ◽  
Political Control ◽  
Executive Order ◽  
Data Set ◽  
Executive Orders ◽  
Fire Alarm ◽  
Bureaucratic Responsiveness ◽  
The Impact

AbstractEnvironmental justice (EJ) has represented an important equity challenge in policymaking for decades. President Clinton’s executive order (EO) 12898 in 1994 represented a significant federal action, requiring agencies to account for EJ issues in new rulemakings. We examine the impact of EO 12898 within the larger question of how EO are implemented in complex policymaking. We argue that presidential preferences will affect bureaucratic responsiveness and fire alarm oversight. However, EJ policy complexity produces uncertainty leading to bureaucratic risk aversion, constraining presidential efforts to steer policy. We utilise an original data set of nearly 2,000 final federal agency rules citing EO 12898 and find significant variation in its utilisation across administrations. Uncertainty over the nature of the order has an important influence on bureaucratic responsiveness. Our findings are instructive for the twin influences of political control and policy-making uncertainty and raise useful questions for future EJ and policy implementation research.

While the Treaty does not affect the existence of intellectual property rights, there are nonetheless circumstances in which the exercise of such rights may be restricted by the prohibitions laid down in the treaty. 2. Article 36 permits exceptions to the free movement of goods only to the extent to which such exceptions are necessary for the purpose of safeguarding the rights that constitute the specific subject-matter of the type of intellectual property in question. Perhaps the main advantage of this formula, apart from the fact that it narrows the scope of the exceptions permitted by Article 36, is that it allows subtle distinctions to be made depending on the type of intellectual property in issue. 3. The exclusive right conferred on the owner of intellectual property is exhausted in relation to the products in question when he puts them into circulation anywhere within the Common Market. Spelt out more fully, ‘the proprietor of an industrial or commercial property right protected by the legislation of a Member State may not rely on that legislation in order to oppose the importation of a product which has lawfully been marketed in another Member State by, or with the consent of, the proprietor of the right himself or person legally or economically dependent on him’. The expression ‘industrial and commercial property’ clearly embraces patents and trademarks. It also extends to such specialised areas as plant breeders’ rights. The court has held that copyright can also be a form of industrial or commercial property because it ‘includes the protection conferred by copyright, especially when exploited commercially in the form of licences capable of affecting distribution in the various Member States of goods incorporating the protected literary or artistic work’. The principle that the Treaty does not affect the existence of industrial and commercial property rights is derived from Article 222 of the treaty. This provides that ‘the treaty shall in no way prejudice the rules in Member States governing the system of property ownership’. Consequently intellectual property rights are unaffected by the provisions of the treaty unless they hinder free movement or offend the rules of competition. In Keurkoop v Nancy Kean (see below) the design of a handbag which was manufactured in Taiwan was registered in the Benelux countries but without the authority of the actual author. In Case 78/70, Deutsche Grammophon v Metro-SB Grossmärkte [1971] ECR 487, [1971] CMLR 631, the European Court stated:

1997 ◽  
pp. 110-114
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Member State ◽  
Intellectual Property Rights ◽  
Free Movement ◽  
Member States ◽  
Commercial Property ◽  
European Court ◽  
The Right ◽  
Exclusive Right

The Margin of Appreciation

2020 ◽  
pp. 67-96
Author(s):  
Jan Zglinski
Keyword(s):  
Statistical Analysis ◽  
Theory And Practice ◽  
European Court Of Justice ◽  
Free Movement ◽  
Domestic Institutions ◽  
Factors Influencing ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
Margin Of Appreciation

This chapter examines the application of the margin of appreciation in free movement cases. It identifies the doctrine’s legal scope and investigates the scenarios in which the European Court of Justice defers to national authorities. A statistical analysis suggests that there is a significant gap between theory and practice, with only a small number of factors influencing the way in which the margin of appreciation is used. The results show how much regulatory autonomy Member States retain in free movement law. They also expose which concerns the Court prioritizes in its jurisprudence and which decisions it feels safe, or forced, to delegate to domestic institutions.

Introduction

2020 ◽  
pp. 1-8
Author(s):  
Jan Zglinski
Keyword(s):  
Empirical Study ◽  
Member State ◽  
Case Law ◽  
Free Movement ◽  
State Courts ◽  
State Action ◽  
European Court ◽  
National Autonomy ◽  
Eu Free Movement Law

This introductory chapter sets out the themes of the book. Doctrines of judicial deference have begun to appear with growing regularity in the European Court of Justice’s free movement case law, especially in relation to Member State action. Their application has been controversial, which is unsurprising in light of the constitutional issues which deference raises: should judges intervene in the work of the legislators? How far can the EU restrict national autonomy? And what is the division of power between European and Member State courts? The chapter sketches the approach taken in the book and explains the empirical study on which the analysis is based. The idea of the ‘passive virtues’ is introduced and linked to the developments in EU free movement law.

I Belong, Therefore, I Give? The Impact of Sense of Belonging on Graduate Student Alumni Engagement

2020 ◽  
pp. 089976402097768
Author(s):  
Noah D. Drezner ◽  
Oren Pizmony-Levy
Keyword(s):  
Social Interactions ◽  
Sense Of Belonging ◽  
Multivariate Analyses ◽  
Original Data ◽  
Alumni Giving ◽  
Data Set ◽  
Administrative Records ◽  
Success In Higher Education ◽  
Alumni Engagement ◽  
The Impact

Although Sense of Belonging has long been an important construct in understanding student success in higher education, it has not been examined in the alumni context. In this article, we explore the association between graduate students’ Sense of Belonging and alumni engagement. We draw on an original data set ( n = 1,601) that combines administrative records on alumni giving and data from a 2017 survey. Using multivariate analyses, we show that alumni with a stronger Sense of Belonging are more likely to give to their alma mater and to hold pro-philanthropic attitudes. Furthermore, Sense of Belonging is positively associated with other forms of alumni engagement and participation, including volunteering. Our findings highlight the need to examine the link between unintentional social interactions and alumni engagement and giving.

RELAXING THE IMPACT OF EXTREME UNITS IN DATA ENVELOPMENT ANALYSIS

2012 ◽  
Vol 11 (05) ◽  
pp. 893-907 ◽  
Author(s):  
YIANNIS G. SMIRLIS ◽  
DIMITRIS K. DESPOTIS
Keyword(s):  
Data Envelopment Analysis ◽  
Original Data ◽  
Efficiency Score ◽  
Data Envelopment ◽  
Programming Technique ◽  
Data Set ◽  
Usual Practice ◽  
Dea Models ◽  
Production Possibility Set ◽  
The Impact

Data envelopment analysis (DEA) is a nonparametric linear programming technique for measuring the relative efficiency of decision making units (DMUs) on the basis of multiple inputs and outputs. DEA assessments, however, are proved to be sensitive to extreme units that deviate substantially in their input/output patterns. In this paper we introduce an approach for handling extreme observations in DEA, i.e., observations that exhibit irregularly high values in some outputs and/or low values in some inputs. Unlike the usual practice of removing such observations, we retain them in the production possibility set reducing their impact on the other units. Our modeling approach is based on the concept of diminishing returns, assuming that the contribution of an output (input) to the efficiency score diminishes as the output increases beyond a pre-specified level, i.e., the level beyond which a value is characterized as extreme. According to our approach the original data set is transformed to an augmented data set, where standard DEA models can then be applied, remaining thus in the grounds of the standard DEA methodology. We illustrate our approach with a numerical example.

The Court Helps Those Who Help Themselves … The Legal Status of Migrant Work-Seekers under Community Law in the Light of the Collins Judgment

2005 ◽  
Vol 7 (1) ◽  
pp. 7-34
Author(s):  
Michael Dougan
Keyword(s):  
Political Institutions ◽  
Legal Status ◽  
Free Movement ◽  
Equal Treatment ◽  
Social Security Systems ◽  
Member States ◽  
European Court ◽  
Migrant Work ◽  
The Right ◽  
The Impact

This article considers the rights to free movement and equal treatment enjoyed by migrant work-seekers, in their capacity as Union citizens, in the light of the judgment of the European Court of Justice in Collins. The Court's approach now focuses upon the right of such lawfully resident Community nationals to challenge discriminatory restrictions on subsistence benefits under Article 39 EC as reinterpreted in light of Article 12 EC; and the potential for the Member States nevertheless to justify such restrictions by reference to their legitimate desire to ensure a ‘real link’ between economically inactive migrants and the domestic welfare systems. The article further addresses the impact of the Collins ruling upon legislative choices made by the Community's political institutions about the mutual allocation between Member States of financial responsibilities for economically inactive persons (including migrant work-seekers), in particular, as contained in Directive 2004/38 on free movement for Union citizens and their family members, and Regulations 1408/71 and 883/2004 on the co-ordination of national social security systems.

Shared amenities’ impacts on condominium resale values

2019 ◽  
Vol 13 (2) ◽  
pp. 281-297 ◽  
Author(s):  
Kayo Tajima
Keyword(s):  
Original Data ◽  
Hedonic Pricing ◽  
Unit Price ◽  
Data Set ◽  
Content Type ◽  
Meeting Room ◽  
Residential Unit ◽  
Hedonic Pricing Method ◽  
The Impact ◽  
Over Time

Purpose This study aims to analyze whether and how condominium shared utilities and facilities (e.g. community spaces), of which buyers assume a share of the ownership upon acquisition of a residential unit, affect the condominium unit price over time. Design/methodology/approach The transaction price of each unit reflects the quality of the residential unit and the properties of the shared facilities. Based on the hedonic pricing method, this study assesses the impact of shared amenities on unit resale prices, using an original data set on condominium unit resale transactions and the status of housing characteristics for both condominium units and condominium buildings. Findings Results show that holding other conditions constant, a meeting room and an external space that can host events increase the unit resale price by approximately 7 and 16 per cent, respectively. Some community amenities such as a meeting room may increase its impact later in the condominium’s lifetime. Research limitations/implications Because of the proprietary nature of data, the analysis focuses on high-end condominium properties in central Tokyo. Although it is difficult to single out the shared amenities’ effects on condominium resale prices from potentially confounding factors, this study partially overcomes this issue by including explanatory geographical variables (e.g. ground heights). Practical implications The results suggest that a shared facility that hosts social interactions among residents significantly affects the resale market value of housing units and that their magnitudes may change over time. Originality/value To the best of the author’s knowledge, this study provides the first empirical evidence of the impacts of shared structures on condominium unit sales using micro-level transaction data in Japan.

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