The Best Is Not Good Enough: Ecological (Il)literacy and the Rights of Nature in the European Union

2018 ◽  
Vol 15 (3-4) ◽  
pp. 281-308
Author(s):  
Katarina Hovden
Keyword(s):  
European Union ◽  
Civil Society ◽  
Ecological Literacy ◽  
Initial Assessment ◽  
The European Union ◽  
Ecological Vision ◽  
Living Well ◽  
Rights Of Nature ◽  
The Way

The Union has outlined a quasi-ecological vision for “living well, within the planet’s ecological limits” in 2050. To date, there is little evidence to suggest that the Union is paving the way for realising said vision. This article introduces the ecological legal approach and the rights of nature as a manifestation of ecological law. Thereafter, it reflects on the ecological (il)literacy of the Union’s approach to the sustainability crisis. Based on a civil society proposal for a Draft eu Directive on the Rights of Nature, the article offers an initial assessment of whether the rights of nature “speak to” any of the ecological shortcomings identified, and whether it might impute (elements of) ecological literacy into the Union’s governance approach.

scholarly journals Deliberation as a tool to find solutions to overcome the crisis in the European Union

2017 ◽  
pp. 133-145 ◽  
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Civil Society ◽  
European Integration ◽  
Doctoral Students ◽  
Scientific Discourse ◽  
The European Union ◽  
Integration Process ◽  
Target Model ◽  
Civil Society Organisations ◽  
The Way

A deliberative debate is a process of communication focused on finding good arguments for specific evaluations and solutions to the issues discussed, and addressing important stakeholder issues. The aim of the article is to present the course and results of observations made with regards to the theoretical and scientific discourse of deliberation that took place in September 2016. Participants were academic experts, thinkers and representatives of civil society organisations working in European affairs, as well as doctoral students and other activists. The questions concerned the way to understand the guiding motto of the meeting: More Europe and the way to define and to perceive the crisis in the process of European integration. Deliberation concerned the assessment of the model of European integration and the question whether the current formula is endorsed or contested. In addition, arguments on the best and worst effects of the integration process should be identified, who can challenge the integration process and for what reasons. The purpose of the deliberation was to assess the process of European integration, identify the ground for the criticism thereof, diagnose crisis situations and indicate the desired target model.

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.

ANALYSIS OF THE NATURE OF THE EUROPEAN DIGITAL TAX IN COMPARISON WITH THE CURRENT VAT SYSTEM AND ITS IMPACT ON THE ECONOMY AND MANAGEMENT OF ECONOMIC ENTITIES

2021 ◽  
Vol 2 (4) ◽  
pp. 42-48
Author(s):  
S. V. ZAYTSEV ◽  
Keyword(s):  
European Union ◽  
Civil Society ◽  
European Commission ◽  
Value Added ◽  
The European Union ◽  
Value Added Tax ◽  
Short Term ◽  
Low Level ◽  
Digital Services ◽  
The Many

In March 2018 the European Commission presented a proposal to adopt a digital services tax (DST) on certain types of revenues of multinational digital Companies. The purpose of the digital services tax is to compensate in the short term for the low level of corporate taxation of these companies in the European Union and thus meet the urgent need of civil society for greater tax fairness. DST is presented as an indirect tax on turnover and is often compared to value-added tax (VAT). In this article, the author seeks to highlight the many differences that exist between the harmonized European Union VAT and the new DST. In addition, the author challenges the idea that the DST will actually be an indirect tax and, most importantly, that it will effectively increase tax justice in the European Union.

The Google Ireland Case and the Legal Battle over Digital Taxes in the European Union

2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante
Keyword(s):  
European Union ◽  
Digital Economy ◽  
Free Movement ◽  
Preliminary Ruling ◽  
The European Union ◽  
Topical Issue ◽  
Member States ◽  
Court Of Justice ◽  
Legal Battle ◽  
The Way

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.

scholarly journals The third way. Humanitarian corridors in peacetime as a (local) civil society response to a EU’s common failure

2017 ◽  
Vol 25 (51) ◽  
pp. 59-75 ◽  
Author(s):  
Pedro Gois ◽  
Giulia Falchi
Keyword(s):  
European Union ◽  
Civil Society ◽  
Foreign Affairs ◽  
The European Union ◽  
Third Way ◽  
Key Issues ◽  
Durable Solutions ◽  
Forced Migrants ◽  
To Come ◽  
Multi Stakeholder

Abstract Migration has been and will continue to be one of the key issues for Europe in the coming decades. Fundamental developments such as economy, climate change, globalization of transport and communication, war and instability in the neighbouring regions, are all factors that continue to drive people to come to Europe, in search of shelter and a better life or to reunite with their families. In recent years, vulnerability of forced migrants has been exacerbated by worsening conflicts in their home country, which make repatriation less and less a viable option, and by mounting intolerance within local communities. A growing number of potential refugees attempts to escape transit countries to reach the European Union by embarking in dangerous journeys to cross the Mediterranean Sea and illegally enter the European Union. Within the European Union resettlement represents a 'durable solution' for vulnerable forced migrants alongside local integration and voluntary repatriation, a protection tool for potential people whose lives and liberty are at risk. In Italy, a group of institutions from civil society and the Italian Ministries of Foreign Affairs and of Interior signed a Protocol of Agreement for the establishment of Humanitarian Corridors to ensure the legal and safe resettlement of asylum seekers. Our article will show how these Humanitarian Corridors proved to be a successful multi-stakeholder engagement to support safe and legal pathways to protection as well as durable solutions for third country nationals in need of protection.

scholarly journals The European Union as a Major Player in the Fight Against Climate Change: Challenges and Opportunities

2016 ◽  
Vol 03 (03) ◽  
pp. 89-109
Author(s):  
Carlos Fco. Molina del Pozo ◽  
Pablo Cristobal Molina del Pozo Martin
Keyword(s):  
Climate Change ◽  
European Union ◽  
Civil Society ◽  
Global Climate ◽  
The European Union ◽  
Difficult Situation ◽  
Broad Perspective ◽  
Positive Elements ◽  
Major Player ◽  
The Future

Why is it important to reconsider the elements related to climate change? Is the European Union indeed a major player? What kind of role do civil society and the European citizens have in this difficult situation of constant changes? Could we consider the fight against climate change as a possible link to the future creation of a federal union in Europe? These questions and comments are just a few of the numerous questions that we will try to respond in this paper. We will provide a comprehensive overview of the current framework which is mainly based on the Treaties and the international agreements that have been adopted over time. With this paper we wish to alert our readers and raise their awareness on the issue, not by proving something that is already happening, as innumerable scientists suggest, i.e. global climate change, but by focusing on the role the European Union could play as a leader that is able to achieve the clear objectives and major goals of sustainable development. We will also present an overview concerning the context of civil society in which we will present various opinions showing the approach of the EESC on the issue. Furthermore, we will address some key areas outlining the underlying concepts and highlighting the importance of citizen participation in this vast and important topic in order to ensure that, thanks to the cooperation of all stakeholders, a global climate agreement can become more feasible. The purpose of this paper is to provide positive elements and possible solutions to the major issue of climate change by reaching conclusions for the future situation with a broad perspective.

2 Parties and Group Litigation

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
European Union ◽  
The European Union ◽  
High Court ◽  
Different Types ◽  
Parent Companies ◽  
The Way

This chapter discusses the special considerations that apply to identifying the relevant parties in competition litigation as well as the way that claimants may group together to commence collective proceedings. It first explains private actions in the High Court, with emphasis on the nature of claimant and defendant. It considers the category of claimant under Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and under the Competition Act 1998, along with the concept of ‘undertaking’, parent companies, subsidiary companies, and sister companies in relation to the defendants. The chapter also examines representative actions in the High Court during group litigation, collective proceedings in the Competition Appeal Tribunal (CAT), and settlement of collective proceedings. Different types of collective settlement are highlighted.

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