Minority Protection in the European Union: To Protect or Not to Protect?

2019 ◽  
Vol 26 (1) ◽  
pp. 92-115
Author(s):  
A. Aslı Bilgin
Keyword(s):  
European Union ◽  
European Integration ◽  
Minority Rights ◽  
Case Law ◽  
Legal Framework ◽  
Internal Market ◽  
Lisbon Treaty ◽  
The European Union ◽  
Minority Protection ◽  
The Impact

The foundation of European Integration is based on economic objectives from the beginning of the 1950s. The founding treaties did not include provisions regarding minority rights. Minority rights have been a foundational value since the entry into force of the Lisbon Treaty, but there is no legislation related to minority rights or internal minority policy at the European Union (eu) level, because of the absence of competence given to eu institutions. This study analyses how issues relating to minority protection are handled vis-a-vis internal market objectives under eu law in the light of primary, secondary and eu case-law. While determining the legal framework on minority rights in the eu, not only the impact of the case-law of the cjeu on minority protection, but also the possibility of the cjeu’s power to establish an internal minority policy and the Member States’ approaches to an internal minority policy have been taken into consideration.

Please Smoke Your E-Cigarette Proportionally

2018 ◽  
Vol 25 (1) ◽  
pp. 75-87
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Electronic Cigarettes ◽  
Case Law ◽  
Internal Market ◽  
Health Protection ◽  
The European Union ◽  
Tobacco Products ◽  
Court Of Justice ◽  
The Impact

Abstract Directive 2014/40/eu harmonises the manufacture, sales and presentation of tobacco and related products, notably, electronic cigarettes. As its predecessors, Directive 2014/40/eu has already been challenged on three occasions. This article will tackle the Pilbox case and assesses the impact of the principles of proportionality and subsidiarity on market harmonisation and health protection. It seeks to demonstrate that, contrary to the old-fashioned stream of case law on this subject, the battlefield has been shifted from the scope of Art. 114 tfeu to the impact of general principles of eu law. It then assesses how health protection increasingly permeates internal market legislations, leading to a sort of ‘paternalistic’ harmonisation. Finally, it argues that after two decades of disputes concerning tobacco products, the Court of Justice of the European Union (cjeu) has successfully ended litigations on Directive 2014/40/eu, holding that its compliance with the principles of proportionality and subsidiarity is beyond doubt.

scholarly journals The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration

2013 ◽  
Vol 15 ◽  
pp. 139-167
Author(s):  
Ester Herlin-Karnell ◽  
Theodore Konstadinides
Keyword(s):  
European Union ◽  
European Integration ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Legal Principles ◽  
Division Of Powers ◽  
Court Of Justice ◽  
Scope Of Application

Abstract The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

scholarly journals The competences of European Union institutions in the trade policy (Lisbon Treaty)

2010 ◽  
Author(s):  
Margareta Timbur
Keyword(s):  
European Union ◽  
Trade Policy ◽  
Lisbon Treaty ◽  
International Negotiation ◽  
The European Union ◽  
External Relations ◽  
The Common ◽  
The Right ◽  
Common Trade ◽  
The Impact

The European Union is the best known at the world’s leading trade power and the common trade policy is the core of EU external relations. The events of the last years and the extension of the EU to 27 member proved that the functioning system could no longer continue and was requiring a new institutional framework. The Lisbon Treaty was the right solution. It purposes are to bring changes for the citizens, institutions, external relations foe the consolidation of democracy in EU. This paper attempts to provide an overview of the major revisions introduced by the Treaty of Lisbon regarding the trade policy. Also, it analyses the extension and clarification of EU competence, the greater role of the European Parliament and the inclusion of investment policy in trade policy, the voting rules in trade area and the international negotiation of trade agreements. The study describes, as well, the impact of Lisbon Treaty implementation on the MS which are independent nations, but without power of decision in the common trade policy.

The EU’s Stealthy Hegemony and Ambiguous Neighbors

2021 ◽  
Vol 120 (824) ◽  
pp. 112-117
Author(s):  
Alexander Clarkson
Keyword(s):  
European Union ◽  
Northern Ireland ◽  
European Integration ◽  
The State ◽  
Political Control ◽  
The Political ◽  
The European Union ◽  
The Impact ◽  
The Eu

European integration based on a supranational form of pooled sovereignty has taken on increasingly state-like qualities. With every move toward absorbing additional members, the European Union system has expanded its geographic reach. The state-like power of the EU is apparent in the impact its integration processes have had in societies just outside its borders. Its growing influence is most notable in misfit border territories, from Kaliningrad to Transnistria, and from Cyprus to Northern Ireland, that are tenuously under the political control of neighboring geopolitical powers.

Six Dimensions of Public Law

2020 ◽  
pp. 399-430
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Six Dimensions ◽  
The Impact ◽  
The Way

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.

Relevance of EU Copyright Law to (Future) Non-EU Member States

2019 ◽  
pp. 173-198
Author(s):  
Eleonora Rosati
Keyword(s):  
European Union ◽  
Case Law ◽  
Copyright Law ◽  
The European Union ◽  
Eu Member States ◽  
Exceptions And Limitations ◽  
Eu Copyright Law ◽  
Eu Directives ◽  
The Uk ◽  
The Impact

This chapter discusses the impact of CJEU copyright case law on national copyright regimes, even beyond the wording of EU directives as transposed into national legal systems. To this end, it focuses on the UK and, following a discussion of what immediate changes the departure from the EU and the EEA (Brexit) would have (also with regard to issues of exhaustion), it explores to what extent case law of the Court of Justice of the European Union (CJEU) has changed UK copyright law. EU decisions have had an impact in areas such as: copyright subsistence, subject matter categorization, primary/accessory liability, standard of infringement, exceptions and limitations, and enforcement (with particular regard to website blocking jurisprudence). Overall, this chapter shows the legacy of CJEU case law, and how pervasive the impact of such case law is.

2. Development of the EU

2017 ◽  
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
European Integration ◽  
Global Financial Crisis ◽  
Lisbon Treaty ◽  
European Unity ◽  
Single European Act ◽  
The Global Financial Crisis ◽  
The Impact ◽  
The Eu

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.

scholarly journals The Limits of Agencification in the European Union

2014 ◽  
Vol 15 (7) ◽  
pp. 1223-1255 ◽  
Author(s):  
Miroslava Scholten ◽  
Marloes van Rijsbergen
Keyword(s):  
European Union ◽  
Case Law ◽  
Lisbon Treaty ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Member States ◽  
The Road ◽  
European Court ◽  
On The Road ◽  
The Eu

Although not explicitly regulated by the EU treaties, EU agencies not only exist but also have increased in number and power. In addition, while EU agencies may exercise very similar functions to those of the Commission, Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU) do not list agencies among the possible authors of non-legislative acts. The existing situation raises the questions of the extent to which the ongoing agencification in the EU is legitimate and what its limits are. This article addresses these questions in the light of the old and new Treaties and case law, including the just releasedESMA-shortsellingcase. It shows that while the Lisbon Treaty made a few steps forward on the road of legitimizing EU agencies and delegating important powers to them, the scope of powers that EU agencies can have remains unclear. In this respect, the European Court of Justice's lenient approach in theESMA-shortsellingcase is unfortunate because it neither clarifies the issue nor pushes the Union Legislator and the Member States to address it. Consequently, in the absence of clear limits, further agencification is likely to persist at the risk of increasing the democratic legitimacy deficit and remaining accountability gaps.

Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European Union Treaties in Ireland & the Impact of Supreme Court Jurisprudence

2009 ◽  
Vol 5 (1) ◽  
pp. 32-70 ◽  
Author(s):  
Gavin Barrett
Keyword(s):  
European Union ◽  
Political Parties ◽  
Supreme Court ◽  
Case Law ◽  
Legal Framework ◽  
Equal Access ◽  
Constitutional Amendment ◽  
Political Implications ◽  
The Impact

Irish legal framework on European referendums – Case-law – Judicial activism – No appropriate legislative reaction – Essential scope or objectives test – Constitutional amendment necessary if test not met – Single Act – Pressure for referendum at each new treaty – Political implications – Positive and negative sides of referendums – Referendum-elites – Government sidelined – Equal access to broadcasting – Issues of equality – Diminished role of political parties

Sign in / Sign up

Export Citation Format

Share Document