The Fisheries Issues of the 2004 Second European Union Accession Treaty: A Comparison with the 1994 First Accession Treaty

2004 ◽  
Vol 19 (2) ◽  
pp. 93-150 ◽  
Author(s):  
Peter Ørebech
Keyword(s):  
Transitional Period ◽  
Eu Law ◽  
Member States ◽  
State Legislation ◽  
Individual Transferable Quotas ◽  
Eu Legislation ◽  
Phase Out ◽  
New System ◽  
The Eu

AbstractThe 1994 and 2004 Accession Treaty and Act of Accession require that the Applicant Member States adopt EU legislation and policy. The goal of the Accession Treaty is to phase out Applicant Member State legislation and institute the pre-emptive role of EU law. The EU fisheries acquis directly affects natural and juridical persons. Member states maintain legislative competence within 12 nautical miles during the transitional period, which ends in 2012. With the exception of specific areas delegated to Member States, national provisions will then be terminated. The "relative stability" and national quota regulations remain in effect and deter direct fishing by other Member States' vessels. Quota hopping, on the other hand, opens the door to foreign fishing interests. A new system of individual transferable quotas will further contribute to the decline of the inherent discrimination amongst EU citizens within fisheries sector.

Strengthening the Single Market through informal dispute-resolution mechanisms in the EU: The case of SOLVIT

2018 ◽  
Vol 25 (1) ◽  
pp. 108-117
Author(s):  
Evgenia Kokolia
Keyword(s):  
Dispute Resolution ◽  
Single Market ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Eu Legislation ◽  
Cross Border ◽  
Key Characteristics ◽  
The Eu

SOLVIT is an informal out-of-court dispute-resolution tool between the EU Member States and Norway, Lichtenstein and Iceland to practically help citizens and businesses when encountering problems in cross-border situations with their rights enshrined in EU legislation. In light of the recently adopted Commission Communication on the reinforcement of SOLVIT, 1 the authors analyse its key characteristics and challenges. The authors concludes that an enhanced role of SOLVIT can efficiently promote a culture of compliance and smart enforcement of EU law in the Single Market together with the Member States.

The Application of European Law in the New Member States: Several (Early) Predictions

2005 ◽  
Vol 6 (3) ◽  
pp. 563-582 ◽  
Author(s):  
Zdeněk Kühn
Keyword(s):  
Eu Enlargement ◽  
Future Application ◽  
European Law ◽  
Eu Law ◽  
Member States ◽  
New Member States ◽  
Probable Outcome ◽  
Domestic Law ◽  
The Eu

After the EU Enlargement of 2004, the law courts of the new Member States now fulfill a twofold role of applying both national and European law. The application of European law also entails the duty of judges to construe their own domestic law as close as possible with EU law, and, if that is not possible, the duty arises to set aside the domestic law found to be incompatible with European law. In consequence, developments in the next decade will test judges’ capacity for properly applying European law and this process will inevitably present a serious challenge to the Central European judicial systems. While evaluations can first be made no sooner than a few years after the EU Enlargement, there are important indications that can suggest the probable outcome of that challenge. This article briefly outlines the application of European law in those countries prior to EU Enlargement and then deals with the important factors which are likely to influence its future application in the new Member States.

EU Customs Law

2018 ◽  
Author(s):  
Timothy Lyons QC
Keyword(s):  
Eu Law ◽  
Member States ◽  
Customs Unions ◽  
The Third ◽  
History Of ◽  
Direct Tax ◽  
The Eu

The third edition of EU Customs Law provides a fully updated treatment of legislation, new treaties and cases in the two courts of the EU especially but also in Member States. This volume also includes commentary on the Union Customs Code and secondary legislation, and increased coverage of areas such as the wider role of customs authorities apart from the collection of customs duty, such as security of goods and post 9/11 developments generally, the history of customs unions and their implications for governments, non-EU customs unions to which EU law is relevant, and the inter-relation between customs duty and direct tax.

scholarly journals The Rise of the Procedural Paradigm: Judicial Review of EU Legislation in Vertical Competence Disputes

2017 ◽  
Vol 13 (2) ◽  
pp. 248-280 ◽  
Author(s):  
Jacob Öberg
Keyword(s):  
Judicial Review ◽  
Eu Law ◽  
Member States ◽  
Constitutional Review ◽  
Eu Legislation ◽  
Court Of Justice ◽  
The Eu

EU Law–Vertical competence review of EU secondary law–Court of Justice control of the exercise of EU legislative powers–Strict procedural review of EU legislation–Standard of judicial review and intensity of judicial review–Judicial review as a safeguard of federalism–Constitutional review of EU legislation–Proportionality, subsidiarity and principle of conferral–Balance between the EU legislator’s prerogatives and the need to ensure that EU legislation conforms to the precepts of EU law–Distribution of competences between Member States and the EU

scholarly journals Member States’ Compliance with EU Law in 2018 in the Field of Internal Market

2018 ◽  
Vol 22 (36) ◽  
pp. 15-40 ◽  
Author(s):  
Daniel Berlingher
Keyword(s):  
European Commission ◽  
Annual Report ◽  
Internal Market ◽  
Legal Order ◽  
Eu Law ◽  
Member States ◽  
Complex Process ◽  
Present Text ◽  
The Eu

Abstract The present text is dedicated to analysing the situation of Member States’ compliance with EU law in the field of Internal Market because it is one of the most important aspects of the process of European consolidation. In the introductory part we presented the central role of the European Commission because it is the institution that monitors the implementation of the EU law in the national legal order of each Member State. At the centre of our analysis is the 2017 Annual Report of the European Commission. Here we presented in a schematic manner the European norms that the Member States had to implement in their legal order in 2017. We concluded our research by presenting the evolution of this complex process with reference to the data furnished by the Single Market Scoreboard. The situation did not know a significant improvement in the process of Member States’ compliance with EU law. We can see that things evolved but we consider that this evolution could have been better if Member States would have dedicated more attention to this process.

Wspólnotowy wymiar polityki imigracyjnej Unii Europejskiej w obliczu wyzwań związanych ze zwiększonym napływem imigrantów w 2015 r.

2017 ◽  
pp. 82-107
Author(s):  
Michał Skorzycki
Keyword(s):  
Immigration Policy ◽  
Refugee Crisis ◽  
Member States ◽  
European Immigration ◽  
New System ◽  
Selection Of ◽  
The Eu ◽  
Crisis Situations

The article comprises the overview of the essential legal, administrative and financial means that the EU has at its disposal in case of rapid influx of immigrants, as well as a selection of major obstacles to the use of these tools, based on observation of the activities of the EU and its member states taken up to deal with the aforementioned situation which took place in 2015. Using the abovementioned observation and an analysis of relevant documents, it is argued that the refugee crisis of 2015 has revealed the necessity of a profound institutionalisation of the European immigration policy as the most effective way to overcome difficulties in response to such situations. The analysis leads also to the conclusion that the EU is caught in a dilemma of either suspending the Dublin system in crisis situations or creating a new system of intensive support for border member states.

EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Functional Understanding ◽  
Scope Of Application ◽  
International Refugee Law ◽  
Border Controls ◽  
The Eu

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

scholarly journals Inequalities in the European Union—A Partial Order Analysis of the Main Indicators

2021 ◽  
Vol 13 (11) ◽  
pp. 6278
Author(s):  
Lars Carlsen ◽  
Rainer Bruggemann
Keyword(s):  
Indicator System ◽  
Partial Ordering ◽  
Disposable Income ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Per Capita ◽  
Educational Aspect ◽  
The Eu

The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.

scholarly journals The notion of ‘employer’: Towards a uniform European concept?

2021 ◽  
pp. 203195252199115
Author(s):  
Matthijs van Schadewijk
Keyword(s):  
Functional Approach ◽  
Working Relationships ◽  
Eu Law ◽  
Member States ◽  
Corporate Groups ◽  
European Legislation ◽  
Contractual Approach ◽  
First Time ◽  
The Eu ◽  
The Way

The growth in multilateral working relationships (e.g. agency work, chains of sub-contracting and corporate groups) is causing Member States to increasingly scrutinise their traditional, contractual approach to the notion of ‘employer’. So far, little attention has been paid to the boundaries and limits that EU law sets when defining the employer. The lack of attention may have come to an end with the recent AFMB judgment, in which the Court ruled, for the first time, that the concept of employer in a provision of EU law had to be given an autonomous and uniform interpretation throughout the EU. Starting from the AFMB judgment, the author analyses the concept of employer in EU law. The author finds that the concept of employer in EU law can be described as ‘uniform in its functionality’: in EU law, the national concept of the employer is never absolute, but the circumstances and the way in which the national concept must be set aside depend on the context and the objective of the European legislation in question. Through this functional approach, EU law partly harmonises the various national approaches to the concept of the employer. Nevertheless, a lack of specific reasoning on the part of the Court may grant the Member States considerable leeway to uphold their own views on the concept.

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