Towards an Integrated (and Possibly Pan-European?) Prima Facie Legitimacy Test: Merging the Rechtsgut Theory, the Offensività Principle, and the Harm Principle

2021 ◽  
Vol 29 (3-4) ◽  
pp. 241-263
Author(s):  
Lucille Micheletto
Keyword(s):  
European Union ◽  
Empirical Evidence ◽  
Prima Facie ◽  
Essential Elements ◽  
Harm Principle ◽  
The European Union ◽  
European Union Level ◽  
Core Elements ◽  
Anglo American ◽  
Key Aspects

Abstract The Anglo-American harm principle, and its European counterparts – the legal goods theory and the offensività principle – attempt to provide an answer to the question of which conducts can be prima facie legitimately criminalised. Despite the historical, conceptual, and practical differences between these criminalisation approaches, they share important elements, particularly from a functional and operational perspective. By merging the key aspects of these theories, this work elaborates an instrument to assess the prima facie legitimacy of criminalisation – the Integrated Legitimacy Test – that embeds their essential elements and further conceptualises them. The Test strives to overcome some of the criticisms directed against the Anglo-American and European theories by narrowly defining their core elements and linking them to empirical evidence. Moreover, its transnational nature makes it suitable to feed the criminalisation debate at the European Union level.

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.

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.

Endogenous Preferences And Delegation In The European Union

2003 ◽  
Vol 36 (1-2) ◽  
pp. 41-74 ◽  
Author(s):  
Simon Hug
Keyword(s):  
European Union ◽  
Empirical Evidence ◽  
The European Union ◽  
Endogenous Preferences ◽  
The Eu

The interplay among intergovernmental and supranational actors is a defining feature of the institutional life of the European Union (EU). Too often, however, these actors are considered independent of each other, and their autonomy is assessed in a vacuum. This is problematic because if there is such a thing as "endogenous preferences" in the EU, it appears exactly through this interdependence of intergovernmental and supranational actors. None of the institutionalist approaches to the EU has come to grips with this fact yet. Based on some very simple gametheoretic ideas, I offer in this article a rationale for "endogenous preferences" and discuss their impact on issues of delegations. Some cursory empirical evidence supports the claims that the preferences of supranational actors are related to those of the actors who select or appoint them. Similarly, the analyses presented here suggest that preferences over delegation to supranational actors are influenced by differences in policy views between principals and agents.

scholarly journals Divergence of romano-germanic and anglo-american legal systems on the example of brexit

2020 ◽  
pp. 144-153
Author(s):  
Tetjana Humeniuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Practical Importance ◽  
Mutual Transformation ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
Political Processes ◽  
Anglo American ◽  
The Eu

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.

scholarly journals Electronic commerce and its regulation in the European Union and China

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 37-46
Author(s):  
Lin Peiyuan
Keyword(s):  
European Union ◽  
Statistical Analysis ◽  
Group Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Norms ◽  
Republic Of China ◽  
Scientific Group ◽  
Key Aspects

The article provides a statistical analysis of the trends in the development of e-commerce in the world in general and in China in particular, a comparative legal analysis of the system of legal regulation of key aspects affecting the functioning of e-commerce in the European Union and in the People’s Republic of China (further PRC). The research methodology is based on a systematic approach and includes the methods of the general scientific group (analysis, synthesis, induction, deduction), as well as special methods: statistical analysis, content analysis of scientific literature on the research topic, the method of comparative legal analysis. As a result of the study, the author came to the conclusion that the legislation of China and the European Union regarding the regulation of e-commerce is aimed at fundamentally different goals: in the EU, legislation is aimed at protecting private transactions and trade, and for China, the priority is the development of legal norms that allow the state as much as possible control electronic commercial flows and procuring a cybersecurity in e-commerce sector.

scholarly journals Reverse Logistic Strategy for the Management of Tire Waste in Mexico and Russia: Review and Conceptual Model

2018 ◽  
Vol 10 (10) ◽  
pp. 3398 ◽  
Author(s):  
Maria-Lizbeth Uriarte-Miranda ◽  
Santiago-Omar Caballero-Morales ◽  
Jose-Luis Martinez-Flores ◽  
Patricia Cano-Olivos ◽  
Anastasia-Alexandrovna Akulova
Keyword(s):  
European Union ◽  
Reverse Logistics ◽  
State Of The Art ◽  
The European Union ◽  
Public Companies ◽  
Reverse Logistic ◽  
Private And Public ◽  
Key Aspects ◽  
Social Entities ◽  
High Degree

Management of tire waste is an important aspect of sustainable development due to its environmental, economical and social impacts. Key aspects of Reverse Logistics (RL) and Green Logistics (GL), such as recycling, re-manufacturing and reusable packaging, can improve the management of tire waste and support sustainability. Although these processes have been performed with a high degree of efficiency in other countries such as Japan, Spain and Germany, the application in Mexico and Russia has faced setbacks due to the absence of guidelines regarding legislation, RL processes, and social responsibility. Within this context, the present work aims to develop an integrated RL model to improve on these processes by considering the RL models from Russia and Mexico. For this, a review focused on RL in Mexico, Russia, Japan and the European Union (EU) was performed. Hence, the integrated model considers regulations and policies performed in each country to assign responsibilities regarding RL processes for the management of tire waste. As discussed, the implementation of efficient RL processes for the management of tire waste depends of different social entities such as the user (customer), private and public companies, and manufacturing and state-of-the-art approaches to transform waste into different products (diversification) to consider the RL scheme as a total economic system.

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