The Good, the Bad and the Ugly in EU Migration Law: Is the European Parliament Becoming Bad and Ugly? (The Adoption of Directive 2008/15: The Returns Directive)

2009 ◽  
Vol 11 (1) ◽  
pp. 19-39 ◽  
Author(s):  
Diego Acosta
Keyword(s):  
European Union ◽  
European Parliament ◽  
Main Issue ◽  
Conservative Approach ◽  
Official Publication ◽  
The European Union ◽  
The Future ◽  
Migration Law ◽  
Immigration Management

Historically, the European Union has had a dichotomy between the liberal view in immigration management represented by the Parliament (‘the good’) and the Commission (‘the ugly’), and the conservative approach embodied by the Council (‘the bad’). This article deals with the first important immigration instrument adopted under co-decision: Directive 2008/115 (the so-called ‘Returns Directive’). This Directive has received a great deal of criticism addressed to the European Parliament in its approval of the text negotiated with the Council in the first reading, without introducing a single amendment. This behaviour has cast doubts as to whether the future involvement of this institution will result in a more migrant-friendly approach in the European Union. The reasons why the European Parliament voted in favour of the Directive will be analysed in the following pages. But first, a question arises: Is the European Parliament becoming ‘bad’ and ‘ugly’ or has its involvement improved the Council’s position in a way which would not have been possible without its participation? This is the main issue that this article, in the following pages, will try to answer by analysing the different steps in the adoption of the Directive from the Commission proposal until its official publication.

scholarly journals INSTITUTIONAL-COGNITIVE AND NONLINEAR SCIENTIFIC FUNDAMENTALS OF INNOVATIVE "SMART"-SPECIALIZATION OF THE MARITIME ECONOMIC COMPLEX

2021 ◽  
Vol 23 (2(79)) ◽  
pp. 140-151
Author(s):  
O.E. RUBEL ◽  
А. AGHAYEV ◽  
A.A. ZHIKHAREVA
Keyword(s):  
European Union ◽  
Spatial Planning ◽  
European Parliament ◽  
Nature Management ◽  
The European Union ◽  
Maritime Policy ◽  
The Future ◽  
Smart Specialization ◽  
Maritime Spatial Planning ◽  
The Impact

Topicality. In the twentieth century, there was an active discussion about the structure of the innovation process as a single period of scientific knowledge - from the promotion of ideas and hypotheses to the introduction of products to market. The beginning of the discussion of this issue was the work of S. Klein and N. Rosenberg "The positive sum strategy: Harnessing technology for economic grown". They described and criticized the classical linear model of innovation, based on the idea that the development of science is based on basic research, which then finds its continuation in applied research. Directive 2014/89 / EC of the European Parliament and of the Council on the creation of a framework for the planning of maritime spaces states: "Maritime spatial planning is intended to organize the management of activities in marine and ocean areas and the sustainable use of marine and coastal resources . The European Parliament and the Council of the EU adopted the document on 23 July 2014. It officially entered into force on 18 September 2014. The Directive allows each EU country to plan its own maritime activities, but the planning process - nationally, regionally or locally - is compatible with EU law. implementation and minimum general requirements. Realization of the purpose of work causes the following tasks of research: to define the basic categories and concepts of "blue economy" and features of the economic mechanism of ecological regulation as preconditions of sustainable development; to develop ways to implement the integrated maritime policy of the European Union; to determine the impact of the approaches of the integrated maritime policy of the European Union on the institutional transformation of the maritime economic complex of Ukraine; to offer institutional-cognitive and nonlinear scientific principles of innovative "SMART" -specialization of the maritime complex; to propose approaches to the formation of institutional foundations for the implementation of Maritime Spatial Planning for Ukraine as a leading innovation in marine nature management. Aim and tasks. The purpose of this work is to analyze the institutional support of innovative practices in the management of greening of the maritime sector of Ukraine, based on the implementation of the environmental component of nonlinear approaches to SMART-specialization in the structure of Maritime Spatial Planning. Research results. After analyzing the current processes, the methodology of maritime spatial planning (MSP) focuses on reproducing a comprehensive picture of the spatial impact of the synergy of maritime sectors. In the future, the methodology focuses on updating the data over the medium term and taking into account possible future trends in the development of sectors of the maritime economy, including changes in the industrial structure and the growth of technological progress. MSP is focused not only on minimizing current stakeholder conflicts, but also on preventing such conflicts in the future. The development of a "maritime vision" or "desired scenario" should play a role in shaping the overall understanding of the future of maritime space, which should be supported by maritime spatial plans. On this basis, the development of a "vision" creates a common goal, agreed by all stakeholders, on what to strive for in the maritime spatial plan. MSP makes extensive use of methods based on marine data: analytical, quantitative, qualitative and spatial. In the initial stages of the MSP process, more creative, nonlinear creative techniques are used. In some cases, the vision development process itself has proved more important than the final vision document or action plan, serving as a mechanism for involving stakeholders in cooperation, as well as facilitating dialogue on a common future. The use of nonlinear approaches helps to focus MSP, as well as provide a basis for the purposes of SMART specialization of maritime space. Conclusion. The paper shows that the Itzkowitz-Leidesdorf model formalizes the dynamic shifts in the structure of interactions of the three sectors (triple helix) that occur as a result of innovation and complexity of socio-economic systems and is a convenient tool for analyzing the institutional organization and specifics of social interactions. which innovation ecosystems and the innovation economy as a whole. Thus, the genetic connection of "quadro", "quinto-helix" method and SMART specialization is substantiated in the work. . The paper proves that overcoming the uncertainty of management factors due to cognitive mechanisms of interaction within the quinto - helix is the leading mechanism of innovative management of greening of the economy and sea spatial flooding in particular.

scholarly journals Harmonization of Transport Charging in Slovak Republic

2020 ◽  
Vol 11 (1) ◽  
pp. 1-12
Author(s):  
Štefan Čarný ◽  
Vladislav Zitrický ◽  
Denis Šipuš
Keyword(s):  
European Union ◽  
European Country ◽  
Slovak Republic ◽  
European Parliament ◽  
White Paper ◽  
Transport Sector ◽  
The European Union ◽  
Ecological Aspect ◽  
Treaty Of Lisbon ◽  
The Future

AbstractInland transport in European Union is facing difficult but fundamental goals to achieve. Most of them are more accurately described in the White Paper on the future of Europe. By signing the Treaty of Lisbon, every European country is obligated to fulfil the legislation of the European Parliament. The main document dealing with the transport issue and ecological aspect of transport is the White Paper, which serves as a fundamental document for establishing the legislation and standards. The European Parliament legislation must be implemented in the national legislation including e. g. regulations, decisions or recommendations of the European Parliament. The legislation based on the White Paper is closely focused on transport and the related ecological aspect. Conclusions of this document lead decisions of EU to take serious actions in many different sectors. The transport sector has a significant impact on our environment and the future of the European Union. The current main goal of transport sector is to achieve reduction in emitting pollutants in our environment, and smoothly transfer to renewable sources of energy or at least trying to minimize the resources per transport performance unit.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

TTIP, CETA, and TiSA Behind Closed Doors

2017 ◽  
Author(s):  
Panagiotis Delimatsis
Keyword(s):  
European Union ◽  
Global Governance ◽  
Early Stage ◽  
European Parliament ◽  
Trade Negotiations ◽  
The European Union ◽  
The Us ◽  
The Eu

Secrecy and informality rather than transparency traditionally reign trade negotiations at the bilateral, regional, and multilateral levels. Yet, transparency ranks among the most basic desiderata in the grammar of global governance and has been regarded as positively related to legitimacy. In the EU’s case, transparent trade diplomacy is quintessential for constitutional—but also for broader political—reasons. First, even if trade matters fall within the EU’s exclusive competence, the EU executive is bound by the Treaty on the Functioning of the European Union (TFEU) to inform the European Parliament, the EU co-legislator, in regular intervals. Second, transparency at an early stage is important to address public reluctance, suspicion, or even opposition regarding a particular trade deal. This chapter chronicles the quest for and turning moments relating to transparency during the EU trade negotiations with Canada (CETA); the US (TTIP), and various WTO members on services (TiSA).

Instituting Europe: Germany, the Union, and the Legacy of the Short Century

2001 ◽  
Vol 19 (2) ◽  
pp. 1-21
Author(s):  
Michael Werz
Keyword(s):  
European Union ◽  
Democratic Legitimacy ◽  
Social Changes ◽  
The European Union ◽  
Institutional Reforms ◽  
Crucial Question ◽  
The Social ◽  
The Future ◽  
The Moment ◽  
Federal Structure

Recent debates about the future of the European Union have focusedin large part on institutional reforms, the deficit of democratic legitimacy,and the problem of economic and agrarian policies. As importantas these issues may be, the most crucial question at the momentis not whether Europe will prevail as a union of nations or as a thoroughlyintegrated federal structure. What is of much greater concernis the fact that political structures and their corresponding politicaldiscourses have lagged far behind the social changes occurring inEuropean societies. The pivotal transformation of 1989 has not beengrasped intellectually or politically, even though its results areincreasingly visible in both the east and west.

Moving Beyond Procedure

2002 ◽  
Vol 35 (7) ◽  
pp. 784-813 ◽  
Author(s):  
AMIE KREPPEL
Keyword(s):  
European Union ◽  
European Parliament ◽  
Decision Procedures ◽  
The Other ◽  
Current Debate ◽  
Legislative Process ◽  
The European Union ◽  
The Impact ◽  
Legislative Influence

This article examines the influence of the European Parliament (EP) within the legislative process of the European Union. Although debate over the impact of the cooperation and co-decision I procedures continues, this article argues that, in part, the current theoretical debate is a false one that has caused many of the other important variables that affect EP legislative influence to be ignored. This article briefly revisits the current debate, then proceeds to an analysis of the success of more than 1,000 EP amendments under the cooperation and co-decision procedures. This evidence suggests that numerous other variables, such as internal EP unity and type of amendment made, have a significant impact on EP success, even controlling for procedure. In addition, this comparison points out some empirical differences between the two procedures that have been largely ignored in the theoretical debate but that nonetheless have a significant impact of EP success and merit further study.

A Constitutional Court for Europe?

2004 ◽  
Vol 6 ◽  
pp. 1-34
Author(s):  
Anthony Arnull
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Council ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Order ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
Draft Constitution

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.

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