The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What is going on in the Adriatic Sea?

2009 ◽  
Vol 24 (1) ◽  
pp. 1-66 ◽  
Author(s):  
Davor Vidas
Keyword(s):  
European Union ◽  
Adriatic Sea ◽  
Marine Pollution ◽  
Law Of The Sea ◽  
The European Union ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Eu Membership ◽  
The Subject ◽  
The Law

AbstractIn October 2003, Croatia declared an “Ecological and Fisheries Protection Zone” in the Adriatic Sea. However, in June 2004 Croatia decided to delay the implementation of that Zone for the European Union (EU) Member States. Then, in December 2006 it decided to implement the Zone fully from 1 January 2008—only to discontinue its application to EU countries from 15 March 2008. The developments and underlying reasons for the changing jurisdictional picture in the Adriatic Sea are the subject of this article. Key Adriatic Sea features, trends in uses of its living resources and maritime space, and resource conservation and marine pollution concerns are presented. Developments leading to recent national legislation and positions on maritime jurisdiction by Croatia as well as Italy and Slovenia are discussed. These regulations, positions and developments are assessed from the perspective of the law of the sea. Relevant policy perspectives, including aspects of EU membership, are included.

THE EUROPEAN UNION DISTINCTIVENESS: A CONCEPT OF THE RULE OF LAW

2021 ◽  
Vol 6 (2) ◽  
pp. 157-171
Author(s):  
Adnan Mahmutovic ◽  
Helza Nova Lita
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
The European Union ◽  
Government Officials ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Eu Integration ◽  
Legal Principle ◽  
The Subject ◽  
The Eu

This paper discusses the distinctiveness of the European Union with focus on the Rule of Law and its importance for the EU integration process. Rule of Law is a notion that is very frequently used, but at the same time quite controversial as it is not so easy always to reach generally accepted meaning. Therefore, this paper provides a analysis of the EU Rule of Law  as multidimensional legal principle gravitating between values and principles. The paper acknowledges that a concept of the EU rule of law can be the subject of diverse interpretations and implementation. High-ranking government officials of a two EU member states, Poland and Hungary, have argued recently that a concept of the EU rule of law lacks well-defined rules and remains the subject of much debate. Therefore, the paper provides for better understanding of the concept itself within the specific supranational legal environment. Also, the paper argues that the future of the EU and its integrations depends largely on the respect of the rule of law that remains to be a core and the element of unity within Europe’s legal space. The relationship between the principles and values upon which the EU is founded remain close and interrelated. The EU Rule of law with all its distinctiveness can be concluded with certainty that it reflects a specific character and nature of the EU legal system.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

scholarly journals The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint

2021 ◽  
pp. 155-181
Author(s):  
Pál Sonnevend
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Legislative Power ◽  
The Face ◽  
The Law

AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.

Interpretation of the Meaning of ‘Direct Effect’ in the Revised Treaty of Basseterre

2019 ◽  
Vol 21 (2) ◽  
pp. 147-169
Author(s):  
Zachary Allen Roy Phillips
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Vienna Convention ◽  
The European Union ◽  
Practical Application ◽  
The Subject ◽  
The Caribbean ◽  
Eastern Caribbean ◽  
The Law ◽  
Domestic Law

Abstract The article utilises the Vienna Convention on the Law of Treaties (VCLT) rules of interpretation to determine the meaning of ‘direct effect’ within the Revised Treaty of Basseterre (RTB). The RTB is the constituent treaty of the Organisation of Eastern Caribbean States (OECS). Despite the RTB having been in force since 2011 there has not been a single contentious case regarding the interpretation of the RTB. While the RTB and the OECS gained some inspiration from the European Union (EU), the Commonwealth Caribbean adheres to the dualist doctrine in the practical relationship between international and domestic law. As such, the meaning of ‘direct effect’ has been the subject of controversy. Therefore, this article shall discern the meaning of ‘direct effect’ within the RTB, including delineating possible practical application. The evaluation shall reveal that the definition is the same, however, due to the Caribbean context the application differs in slight ways.

scholarly journals Demographic potential of the countries that have applied for the European Union membership

2012 ◽  
Vol 17 (17) ◽  
pp. 135-145
Author(s):  
Elżbieta Sojka
Keyword(s):  
European Union ◽  
Union Membership ◽  
Infant Mortality Rate ◽  
High Fertility ◽  
The European Union ◽  
Eu Member States ◽  
Eu Membership ◽  
High Fertility Rate ◽  
Demographic Potential ◽  
The Eu

Demographic potential of the countries that have applied for the European Union membership The purpose of the article is to analyse the demographic potential of the countries that have applied for the European Union membership against the background of the EU member states. The study involves eight candidate states: Croatia, Iceland, Macedonia, Montenegro, and Turkey, i.e. the countries that have been approved by the European Commission as official candidates for the EU membership, as well as Albania, Bosnia and Herzegovina, Serbia, i.e. the potential candidates. Albania and Serbia applied officially for the EU membership in 2009. Favourable population age structure and relatively high fertility rate that occur in these countries determine a significant demographic potential they can bring to the EU after their accession. Decrease in infant mortality rate and extension of life expectancy illustrate positive changes that have been taking place in these countries for the last several years.

scholarly journals Role of the European ombudsman in implementation of good governance

2019 ◽  
pp. 168-173
Author(s):  
A. V. Pokrovskiy
Keyword(s):  
European Union ◽  
Legal Status ◽  
Good Governance ◽  
Practical Implementation ◽  
The European Union ◽  
Integration Process ◽  
The Subject ◽  
Institutional System ◽  
The Law

The purpose of the paper is to analyze the phenomena of the law of the European Union, ensuring the activities of the European Ombudsman as a body promoting the integration process in the European Union.The subject of consideration in the article is the legal status of the European Ombudsman, its role and place in the institutional system of the European Union.The paper provides a brief overview of the competence of the European Ombudsman and ways of his activities, explores the role of the European Ombudsman in implementing the good governance, analyzes the practice of the European Ombudsman and its impact on the activities of EU institutions and bodies.It is determined that the decisions of the European Ombudsman, directed against violations of the order of governance, affect relations in various areas of the European Union, contributing to the practical implementation of the conceptual principles of good governance. Not legally binding, the decisions of the European Ombudsman are embodied in acts of EU institutions that establish the relevant rules as binding. 

Globalizing Electoral Politics: Political Competence and Distributional Bargaining in the European Union

2013 ◽  
Vol 65 (3) ◽  
pp. 452-490 ◽  
Author(s):  
Christina J. Schneider
Keyword(s):  
European Union ◽  
Electoral Politics ◽  
The European Union ◽  
Cross Sectional ◽  
Eu Member States ◽  
Eu Membership ◽  
Annual Budget ◽  
Electoral Cycles ◽  
Council Of Ministers ◽  
Sectional Analysis

This article analyzes electoral cycles in distributional bargaining in the European Union. The author argues that governments attempt to increase their EU membership benefits above average levels in the preelection period, hoping to appear politically competent to voters. The theory discusses when and how EU members can increase these gains before elections through negotiations in the Council of Ministers. A time-series cross-sectional analysis of EU member states’ annual budget negotiations from 1977 to 2006 supports the existence of conditional electoral cycles in distributional bargaining and generally points to the importance of accounting for such cycles when analyzing patterns of international cooperation.

scholarly journals The European Union and Migration: An Interplay of National, Regional, and International Law

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 509-513
Author(s):  
Iris Goldner Lang
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Member States ◽  
Global Migration ◽  
Eu Member States ◽  
The Law ◽  
Migration Law ◽  
The Eu ◽  
Third Country Nationals

If global migration law “includes all levels of the law,” then the European Union represents the most developed instance of the interplay of national, regional, and international law. Migration law in the European Union involves the interaction of EU Member States’ national laws, EU regional law, and international law. This complex interchange of different migratory legal regimes is the consequence of diverse, and sometimes conflicting, objectives and interests of the Union and its Member States, and the nature of EU law itself. This essay explores the impact of these three levels of the law on the four migratory regulatory categories—EU citizens, “desirable” third-country nationals, asylum seekers, and all other third-country nationals—and the three objectives associated with these categories. The predominance of one legal regime over another varies depending on the regulatory category of migrants and the objectives associated therewith. While describing the existing legal systems, the essay outlines their attributes and shortcomings, the most prominent being: a clear rift between the rights granted to EU citizens and to third-country nationals; EU Member States’ determination to reserve to their respective national territories a high level of national control over labor migration; and significant deficiencies of the EU asylum law which were brought to the surface by the recent refugee influx into the EU.

The European Union and Law of the Sea Convention at the Age of 30

2012 ◽  
Vol 27 (4) ◽  
pp. 711-721 ◽  
Author(s):  
Ronán Long
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Working Party ◽  
Law Of The Sea ◽  
The European Union ◽  
Eu Policy ◽  
The Law ◽  
The Eu

Abstract Several factors that have contributed to the success of the Law of the Sea Convention as a blueprint for the regulation of oceanic activities in the European Union (EU) are outlined, including the comprehensive nature of the Convention, the role of the Working Party on the Law of the Sea (COMAR) in coordinating EU policy, as well as the EU approach to dispute settlement and to global oceanic affairs.

Sign in / Sign up

Export Citation Format

Share Document