scholarly journals Saving Lives at Sea: Security, Law and Adverse Effects

2014 ◽  
Vol 16 (3) ◽  
pp. 365-387 ◽  
Author(s):  
Tugba Basaran
Keyword(s):  
European Union ◽  
Adverse Effects ◽  
Border Security ◽  
Third Party ◽  
The European Union ◽  
Member States ◽  
Criminal Sanctions ◽  
Strait Of Sicily ◽  
Proper Functioning ◽  
Security Concerns

In the wake of recent shipwrecks at the Strait of Sicily, the European Union and its Member States have come under renewed pressure to address rescue at sea. Saving lives at sea is not simply a question of enhancing eu rescue efforts, however, but requires eliminating third party sanctions that significantly impede the proper functioning of the international rescue regime. This article focuses on anti-smuggling laws and related instruments and their thorny relation to humanitarian acts. To improve rescue efforts at sea, as a first step all humanitarian acts need to be exempted from criminal sanctions (including the eu Directive 2002/90/ec). This needs to be accompanied by efforts to desecuritize rescue, separating rescue from border security concerns.

Policing Maastricht

1997 ◽  
Vol 70 (1) ◽  
pp. 49-53
Author(s):  
N.S.J. Baxter
Keyword(s):  
European Union ◽  
Security Policy ◽  
Third Party ◽  
The European Union ◽  
Member States ◽  
The Third ◽  
Foreign And Security Policy ◽  
Free Movement Of Persons ◽  
New Community ◽  
The Eu

In February 1992 the Treaty of European Union was signed at Maastricht. It committed member States to new Community goals which included increasing government cooperation in the fields of foreign and security policy along with justice and home affairs (Steiner, 1994). The following “pillars” to develop the Union were identified. First of all, the protection of the rights and interests of people was strengthened by introducing citizenship of the European Union (EU); secondly a commitment was made to implement a common foreign and security policy indicated a movement towards a common defence of the Union against third party States. The third pillar seeks to facilitate the free movement of persons, while ensuring their safety and security through member States, by working closely in the areas of justice and home affairs (Benyon et al, 1993). It is this latter aspect which has implications for policing within the EU.

scholarly journals Some Features of the Development of Legal Regulation of Ensuring the Border Security of the Member States of the European Union

2021 ◽  
Vol 4 ◽  
pp. 12-16
Author(s):  
Vladimir V. Kudinov ◽  
◽  
Elena G. Mukhina ◽  
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
The State ◽  
Coast Guard ◽  
Border Security ◽  
The European Union ◽  
Member States

The article examines the peculiarities of the development of legal regulation of ensuring the border security of the Member States of the European Union on the external and internal sections of the state border; highlights the main forms of interaction and powers of the European Border and Coast Guard Service (hereinafter the Agency, Frontex, ESSPO) in the area under consideration; shows the main problems in ensuring the border security of the European Union.

CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON CRIMINAL ISSUES WITHIN MARKET ABUSE AT EUROPEAN LEVEL

2020 ◽  
Vol 16 (06) ◽  
pp. 237-255
Author(s):  
LIBOR KLIMEK ◽  
Keyword(s):  
European Union ◽  
Case Law ◽  
Preliminary Ruling ◽  
The European Union ◽  
European Level ◽  
Legal Practice ◽  
Member States ◽  
Market Abuse ◽  
Criminal Sanctions ◽  
Court Of Justice

A set of legislative instruments regulating market abuse have been adopted by the European Union. As regards criminal law sanctions, the principal contemporary legislative instrument in this field, addressed to its Member States, is the Directive 2014/57/EU on criminal sanctions for market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on criminal issues within market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings.

scholarly journals Zakres związania państw członkowskich Kartą Praw Podstawowych Unii Europejskiej w kontekście stosowania prawa karnego (uwagi na tle orzecznictwa TSUE)

2017 ◽  
pp. 49-79
Author(s):  
Monika Szwarc
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Criminal Sanctions ◽  
Court Of Justice ◽  
Scope Of Application ◽  
Fair Balance

The article focuses on the recent jurisprudence of the Court of Justice of the European Union in the context of the national criminal laws of the Member States, concerning the scope of application of the Charter. Drawing conclusions from this jurisprudence the Author answers the question when the Member State is 'implementing Union law' in the meaning of Article 51(1) of the Charter in the criminal law context. It is considered that Member States implement Union law when interpreting framework decisions (Lanigan, JZ, Vilkas), when assessing the conformity of the national measures with framework decisions (Jeremy F., Radu), when executing judgements in the framework of the mutual recognition (Aranyosi and Caldararu) and when assuring the effectiveness of EU law by enacting criminal sanctions (Tarrico). In addition, in some situations Member States may be considered to be implementing Union law while enacting national measures which may affect the rights derived from Union law (Delvigne). It is assumed in the article that CJEU is often called to strike the fair balance between the different (and sometimes diverging) interests of three categories of actors: interests of individuals (to have their fundamental rights protected), interests of Member States (to exercise ius puniendi) and interests of the European Union as a whole (to ensure effectivess of EU law).

scholarly journals Alternatywne połączenia logistyczne między Polską i państwami Partnerstwa Wschodniego

2016 ◽  
Vol 19 ◽  
pp. 39-51
Author(s):  
Daniel Butyter
Keyword(s):  
European Union ◽  
Economic System ◽  
The European Union ◽  
Member States ◽  
Eastern Partnership ◽  
Proper Functioning ◽  
Eastern Partnership Countries ◽  
Trade Partner ◽  
Favorable Conditions ◽  
The Eu

Alternative logistics connections between Poland and the Eastern Partnership membersTransport services market is one of the key elements of the economy of each country. Through the transport market the access to factors of production for enterprises is provided and by its mediation products are delivered to consumers. The correctness of functioning of the market determines the efficiency of the whole economic system of the country. For each Eastern Partnership country the EU is the main trade partner. Poland as one of the member states of the European Union is closely cooperating with the Eastern Partnership countries and the key to the development of this cooperation is the insurance of the proper functioning of the transport market. The aim of the article is to present the current logistics connections between Poland and Eastern Partnership countries and problems of logistics connections and as well as alternative connections that create more favorable conditions for the cooperation.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

Foreign Affairs Federalism in the European Union

2019 ◽  
pp. 331-351
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
Foreign Affairs ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Treaty Of Rome ◽  
Formed Part ◽  
Mixed Agreements

The European Union was born as an international organization. The 1957 Treaty of Rome formed part of international law, although the European Court of Justice was eager to emphasize that the Union constitutes “a new legal order” of international law. With time, this new legal order has indeed evolved into a true “federation of States.” Yet how would the foreign affairs powers of this new supranational entity be divided? Would the European Union gradually replace the member states, or would it preserve their distinct and diverse foreign affairs voices? In the past sixty years, the Union has indeed significantly sharpened its foreign affairs powers. While still based on the idea that it has no plenary power, the Union’s external competences have expanded dramatically, and today it is hard to identify a nucleus of exclusive foreign affairs powers reserved for the member states. And in contrast to a classic international law perspective, the Union’s member states only enjoy limited treaty-making powers under European law. Their foreign affairs powers are limited by the exclusive powers of the Union, and they may be preempted through European legislation. There are, however, moments when both the Union and its states enjoy overlapping foreign affairs powers. For these situations, the Union legal order has devised a number of cooperative mechanisms to safeguard a degree of “unity” in the external actions of the Union. Mixed agreements constitute an international mechanism that brings the Union and the member states to the same negotiating table. The second constitutional device is internal to the Union legal order: the duty of cooperation.

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 European Regional Inequalities: The Other Face of Development

2017 ◽  
Vol 9 (4) ◽  
pp. 163
Author(s):  
Celeste Perrucchini ◽  
Hiroshi Ito
Keyword(s):  
European Union ◽  
Empirical Evidence ◽  
Capita Income ◽  
Relevant Literature ◽  
Point Of View ◽  
The European Union ◽  
Per Capita Income ◽  
Member States ◽  
Eu Member States ◽  
Per Capita

Empirical evidence suggests an overall convergence in terms of GDP and per capita income occurring among the European Union (EU) Member States. Nevertheless, economic inequalities have been increasing at the regional level within European Union countries. Through the review of relevant literature, this study analyzes the increasing inequalities from an economical point of view, focusing on Italy and the UK as examples. First, a general overlook of the empirical evidence of the GDP and per capita income at national and sub-national levels will be presented. Second, an explanation of the possible causes of the results will be proposed through the use of economical and sociological theories. The findings of this research might uncover the relative inefficacy of EU Cohesion policies and point towards the necessity for deeper and more thoughtful measures to continue the convergence of Member States while preserving internal equilibria. This paper ends with discussions for the future directions of the EU.

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