Religion and Law in the European Union

2021 ◽  
pp. 306-322
Author(s):  
Norman Doe ◽  
Frank Cranmer

All three major European supranational institutions—the European Union (EU), the Council of Europe (CoE), and the Organization for Security and Co-operation in Europe (OSCE)—acknowledge the importance of religion within European history and culture and give special recognition to freedom of thought, conscience, and religion. As has been argued elsewhere, the attitude of both the EU and the CoE to ‘religion’ is characterized by seven principles—the value of religion and of non-religion; subsidiarity; religious freedom; religious equality and non-discrimination; the autonomy of religious associations; cooperation with religion; and the special protection of religion by means of privileges and exemptions—principles that may be induced from their laws and other regulatory instruments. In doing so, they seek to maintain a balance between Europe’s religious, humanist, and cultural elements. How that balance and recognition operate in practice, however, is far from clear-cut and is highly sensitive to individual circumstances.

Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.


Author(s):  
Graham Butler

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.


2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Johannes Haedrich ◽  
Claudia Stumpf ◽  
Michael S. Denison

Abstract Background Low maximum and action levels set by the European Union for polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/Fs) and dioxin-like polychlorinated biphenyls (DL-PCBs) in pig meat (pork) have led to a demand for reliable and cost-effective bioanalytical screening methods implemented upstream of gas chromatography/high-resolution mass spectrometry confirmatory technology, that can detect low levels of contamination in EU-regulated foods with quick turn-around times. Results Based on the Chemically Activated LUciferase gene eXpression (CALUX) bioassay, extraction and clean-up steps were optimized for recovery and reproducibility within working ranges significantly lower than in current bioassays. A highly sensitive “3rd generation” recombinant rat hepatoma cell line (H4L7.5c2) containing 20 dioxin responsive elements was exposed to pork sample extracts, and their PCDD/Fs and DL-PCBs levels were evaluated by measuring luciferase activity. The method was validated according to the provisions of Commission Regulation (EU) 2017/644 of 5 April 2017 with spiking experiments performed selectively for PCDD/Fs and DL-PCBs and individual calibration for PCDD/Fs, DL-PCBs and the calculated sum of PCDD/Fs and DL-PCBs. The resulting performance parameters met all legal specifications as confirmed by re-calibration using authentic samples. Cut-off concentrations for assessing compliance with low maximum levels and action levels set for PCDD/Fs and DL-PCBs within a range of 0.50–1.25 pg WHO-TEQ/g fat were derived, ensuring low rates of false-compliant results (ß-error < 1%) and keeping the rate of false-noncompliant results well under control (α-error < 12%). Conclusions We present a fast and efficient bioanalytical routine method validated according to the European Union’s legal requirements on the basis of authentic samples, allowing the analyst to reliably identify pork samples and any other EU-regulated foods of animal origin suspected to be noncompliant with a high level of performance and turn-around times of 52 h. This was facilitated in particular by a quick and efficient extraction step followed by selective clean-up, use of a highly sensitive “3rd generation” H4L7.5c2 recombinant rat hepatoma cell CALUX bioassay, and optimized assay performance with improved calibrator precision and reduced lack-of-fit errors. New restrictions are proposed for the calibrator bias and the unspecific background contribution to reportable results. The procedure can utilize comparably small sample amounts and allows an annual throughput of 840–1000 samples per lab technician. The described bioanalytical method contributes to the European Commission's objective of generating accurate and reproducible analytical results according to Commission Regulation (EU) 2017/644 across the European Union.


Author(s):  
Eugenio Salvati

AbstractThe outbreak of the COVID-19 pandemic has placed severe pressure on the EU’s capacity to provide a timely and coordinated response capable of curbing the pandemic’s disastrous economic and social effects on EU member states. In this situation, the supranational institutions and their models of action are evidently under pressure, seeming incapable of leading the EU out of the stormy waters of the present crisis. The article frames the first months of management of the COVID-19 crisis at EU level as characterised by the limited increase in the level of steering capacity by supranational institutions, due to the reaffirmed centrality of the intergovernmental option. To explain this situation, the article considers the absence of the institutional capacity/legitimacy to extract resources from society(ies), and the subsequent impossibility of guaranteeing an effective and autonomous process of political (re)distribution, the key factors accounting for the weakness of vertical political integration in the response to the COVID-19 challenge. This explains why during the COVID-19 crisis as well, the pattern followed by the EU is rather similar to past patterns, thus confirming that this has fed retrenchment aimed at the enforcement of the intergovernmental model and the defence of the most sensitive core state powers against inference from supranational EU institutions.


2013 ◽  
Vol 15 (3) ◽  
pp. 326-331 ◽  
Author(s):  
Pasquale Annicchino

The implementation of Article 17(3) of the Treaty on the Functioning of the European Union (TFEU) has always been one of the central topics of discussion for legal scholars analysing the relationships between religious groups and European institutions. According to Article 17, the European Union shall maintain an open, transparent and regular dialogue with churches, religious associations or communities, philosophical organisations and non-confessional organisations. In the case in hand, the complainant, the European Humanist Federation (EHF) decided to lodge a complaint before the European Ombudsman when the European Commission rejected the proposal for a dialogue seminar.


2013 ◽  
Vol 2 (2) ◽  
pp. 44-53
Author(s):  
Barbara Pavlíková

Abstract The contribution deals with the Slovak and the EU legal regulation of tobacco and tobacco products. Its primary purpose is to point out the Slovak and European legal acts which constitute the main regulatory instruments in this field using the method of analysis and synthesis. Rules of production, distribution and conditions of use of tobacco and products thereof are in the Slovak Republic contained mainly in two acts - the Act No 335/2011 Coll. on Tobacco Products and the Act No 377/2004 Coll. on the Protection of Non-smokers, as well as in special Decree No 212/2012 Coll., regulating tobacco products. Regulation of excise duty on tobacco products can be found in the Act with the same name - Act No 106/2004 Coll.. Another objective of the paper is also to draw attention to the amendment of Act on Protection of Non-smokers which entered into force on 1 July 2013. The European Union struggles with the negative consequences of smoking at the supranacional level and its institutions - the European Commission, the European Parliament and the Council of the EU - are already for several years adopting legal acts to facilitate uniformity and easier interpretation of European law also in the field of legal regulation of tobacco and tobacco products. The predominant part of the existing legislation deals with the approximation of laws in areas that are closely related to the manufacture, presentation and sale of tobacco products, but also to the collection of taxes from these products.


Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter

This concluding chapter explores EU's anti-subsidy instruments, which are designed to address subsidization by other WTO members. After a hesitant start, the EU since 1995 has progressively used the AS instrument to act against subsidization by third-country governments. While initially focusing on relatively clear-cut export subsidies, over time the EU has more and more also countervailed domestic subsidy programmes. This is clearest in the AS cases initiated against China during the past five years, where the majority of the countervailed programmes have consisted of domestic subsidies. In this context, it is important to note that the findings of specificity reached by the EU in cases concerning China are largely based on the use of facts available, resulting from the imposition of very high burdens of proof on the Chinese government that domestic subsidies in fact are not specific.


2018 ◽  
Vol 4 (3) ◽  
pp. 187-198 ◽  
Author(s):  
A. Lähteenmäki-Uutela ◽  
L. Hénault-Ethier ◽  
S.B. Marimuthu ◽  
S. Talibov ◽  
R.N. Allen ◽  
...  

Taking the macromarketing approach to insect food and feed, we study how the global insect marketing system is impacted by the global insect regulatory system. As an illustration, we study how the regulations of the European Union, USA, Canada and Australia impact marketing strategies of individual companies, and how company-level behaviour combines into the dynamics of the whole insect marketing system. The output of the global insect marketing system is the global assortment of insect products. The regulatory system has its topics, content, and tools with differences between countries. Topics are the elements of the insect business that regulators care about. Content determines what insect products can be launched. Tools are the regulatory instruments and sanctions. Regulatory differences between countries are an important determinant in the geography of launch patterns and in the resulting global assortment of insect products available.


2005 ◽  
Vol 6 (11) ◽  
pp. 1719-1729 ◽  
Author(s):  
Michał Rynkowski

The question of churches and religious communities in the EU/EC law arose for the first time in 1997, when Declaration No. 11 on the status of churches and non-confessional organisations was attached to the Amsterdam Treaty. According to this Declaration, “The European Union will respect and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The European Union will equally respect the status of philosophical and non-confessional organisations.” The content of this Declaration was commented on many times by distinguished experts of the European ecclesiastical law. Art. I-52 of the Treaty establishing a Constitution for Europe (Constitutional Treaty/CT) repeats in paragraph one and two Declaration No. 11, and introduces in paragraph three a provision on dialogue between the EU and religious bodies: “Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.”


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