Prospects for the EU in 2022

Keyword(s):  
Eu Law ◽  

Significance Two of the most pressing issues will be reforms to EU fiscal rules and Poland's challenge to the primacy of EU law.

Significance Nevertheless, Le Pen remains the most serious threat to President Emmanuel Macron's hopes for re-election in 2022. She stands above him in some national polls, reflecting her success in broadening RN’s appeal, widespread anti-establishment sentiment and Macron’s unpopularity and mixed record on COVID-19. Impacts To revive the economy, Macron will likely campaign for reform of EU fiscal rules to enable greater levels of state investment. Further terrorist attacks or assaults on police would increase the salience of immigration and law and order ahead of the 2022 election. Ahead of the election, Macron will be reluctant to show public support for the EU-China investment agreement.


2020 ◽  
Vol 21 (1) ◽  
pp. 55-61
Author(s):  
Alja Poler De Zwart

Purpose To describe the new EU Whistleblowing Directive and its implications. Design/methodology/approach Describes organizations to which the Directive applies, the scope of reportable whistleblowing concerns, whistleblowers’ reporting channels and mechanisms, whistleblower protections, how organizations should respond to whistleblower reports and how organizations should prepare for the new rules. Findings The new Directive will require Member States to create rules for organizations with more than 50 workers, will mandate such organizations to implement whistleblowing hotlines for reporting a broad range of EU law violations, and will contain minimum standards on how to respond to and handle any concerns raised by whistleblowers. Practical implications Organizations in the EU can and should start taking initial steps to prepare for the new rules as soon as possible. There will likely be some differences among whistleblower rules in individual EU Member States. Originality/value Practical guidance from experienced corporate, technology, media, telecommunications and compliance lawyer.


Subject Italy's budget conflict. Significance June 5 marked a resumption in hostilities between Italy and the EU, after the European Commission sent a letter to Rome saying its spending plans were breaking EU fiscal rules. The Commission will now begin the process of implementing an excessive deficit procedure (EDP) against Italy aimed at reducing its deficit and debt. This will likely involve deficit reduction measures that could precipitate the collapse of the populist government. Impacts If an EDP is blocked, efforts to launch it will start again in September if Italy’s budget preview shows Rome not complying with EU rules. An EDP could lead to higher borrowing costs and make it more difficult for Rome to reduce its excessive debt, which is around 132% of GDP. A League-led right-wing government would push for aggressive tax cuts, potentially leaving Italy in the same predicament that it faces now. The implementation of a parallel currency to boost the supply of money would fuel concerns that Italy is prepared to leave the euro-area.


Significance Inflation is lower than in other major EU economies and unemployment is falling, albeit from a high base, as the country approaches presidential elections in April. Impacts Macron’s steady lead in the polls will boost investor confidence ahead of the presidential elections. While Spain is calling on the EU to start treating COVID-19 like influenza, France is unlikely to embrace such thinking until after April. The EU recovery fund and more flexible EU fiscal rules will enable the next government to pursue investment-led growth beyond 2022.


Significance Given the proximity to next year’s presidential election, President Emmanuel Macron and his main rival, National Rally (RN) leader Marine Le Pen, view the regional elections as an important opportunity to test electoral strategies and build momentum. Impacts Seeking re-election could force Macron to mute his backing for the EU-China Comprehensive Agreement on Investment (CAI). He will likely use the economic crisis to campaign for more flexible EU fiscal rules and further EU fiscal cooperation. Macron will intensify efforts to tackle climate change, but be careful to not anger the working classes or those living in rural areas.


Subject European economic outlook. Significance European economic growth is set to continue on a downward trend and might turn negative. Despite the need for substantial macroeconomic expansion, it is difficult to envision a scenario in which it can be engineered within Europe, while pressures outside the EU will make the economic environment more fragile. Impacts Only a recession in Germany which triggers a strong political backlash could see Berlin implement a significant fiscal stimulus package. While Europe’s dependency on Saudi oil is low, a prolonged decline in production would add to pressure on its economy. Italy’s new government will respect EU fiscal rules and reduce concerns that Italy could leave the euro.


Significance Warsaw’s Constitutional Tribunal (KT) has challenged the European legal order in Poland and other member states, regarding EU treaties’ compliance with the national constitution and the powers of the EU Court of Justice (CJEU) to direct a member state’s judiciary. Both rulings mark significant steps on a possible ‘Polexit’. Impacts Some areas of EU law in Poland may be paralysed. The repression of judges and prosecutors publicly opposing government policies will subordinate the legal system even more to the PiS. The ruling coalition’s goals are mostly focused on domestic politics so that legal independence from the EU is merely a side-effect.


Significance The role for the ECJ after Brexit will be a key sticking point as negotiations between London and Brussels progress. Impacts Fragmentation in regulatory standards would make it much harder for the United Kingdom to trade with the EU. The dissonant position adopted by the UK government increases the risk of delay, and ultimately of failing to secure a deal. Unless London settles on stable guidance for interpretation of EU law post-Brexit, uncertainty for firms, investors and citizens will rise.


Author(s):  
Wojciech Paweł SZYDŁO

Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law.  Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law.  Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.


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