Defining Elements and Emerging Legal Issues of eu “Sanctions”

2018 ◽  
Vol 27 (1) ◽  
pp. 33-52
Author(s):  
Leonardo Borlini ◽  
Stefano Silingardi
Keyword(s):  
Legal Issues ◽  
Policy Framework ◽  
The European Union ◽  
The United Kingdom ◽  
Recent Developments ◽  
Legal Position ◽  
Grand Chamber ◽  
Restrictive Measures ◽  
Ukraine Crisis ◽  
The Eu

With some 40 different types of restrictive measures in force, the European Union is undisputedly one of the major protagonists of today’s sanction regimes. Measures such as selective trade embargos, asset freezes and travel bans have been adopted by the EU not only to implement Security Council mandated sanctions, but also in addition to (as with Iran and North Korea) or in the absence of UN action (as with Syria and Russia). Further, EU recent practice evidences that sanctions (Myanmar and Zimbabwe) have served the EU and its member states’ own interests also with the view to promoting (the European construction of) values generally shared in international society. After outlining the legal discipline and the policy framework of EU restrictive measures, the present article analyses the legal issues emerging with respect to EU sanctions over the last four years. Among these, the 2017 ruling of the Grand Chamber of the Court of Justice of the EU in Rosneft, Brexit and its consequences on the implementation/adoption of sanctions by the United Kingdom, and recent developments concerning the legal position of candidate countries which refused to align with the EU sanction adopted in reaction to the Ukraine crisis, are the most important.

EU-Sanktionspolitik in geopolitischen Zeiten: Europas schärfstes Außeninstrument und seine Herausforderungen

IG ◽  
2020 ◽  
Vol 43 (4) ◽  
pp. 278-294
Author(s):  
Niklas Helwig ◽  
Juha Jokela ◽  
Clara Portela
Keyword(s):  
Decision Making ◽  
European Union ◽  
Current Debate ◽  
Global Competition ◽  
The European Union ◽  
The United Kingdom ◽  
Policy Tool ◽  
Restrictive Measures ◽  
Fine Tune ◽  
The Eu

Sanctions are one of the toughest and most coercive tools available to the European Union (EU). They are increasingly used in order to respond to breaches of international norms and adverse security developments in the neighbourhood and beyond. However, the EU sanctions policy is facing a number of challenges related to the efficiency of decision-making, shortcomings in the coherent implementation of restrictive measures, as well as the adjustments to the post-Brexit relationship with the United Kingdom. This article analyses these key challenges for EU sanctions policy. Against the backdrop of an intensifying global competition, it points out the need to weatherproof this policy tool. The current debate on the future of the EU provides an opportunity to clarify the strategic rationale of EU sanctions and to fine-tune the sanctions machinery.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

The promotion of security sector reform strategies: Comparing the roles of the European Union and Canada

2007 ◽  
Author(s):  
Antoine Vandemoorteele
Keyword(s):  
European Union ◽  
International Organizations ◽  
Policy Framework ◽  
The European Union ◽  
Security Sector Reform ◽  
Security Sector ◽  
Post Conflict ◽  
The Eu ◽  
Common Policy

This article analyzes the role of the European Union (EU) and Canada in the promotion of Security Sector Reforms (SSR) activities in two regional organizations, the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO). The concept of SSR seeks to address the effective governance of security in post-conflict environment by transforming the security institutions within a country in order for them to have more efficient, legitimate and democratic role in implementing security. Recent debates within the EU have led to the adoption of an SSR concept from the Council and a new strategy from the European Commission on the SSR activities. Within the framework of the ESDP, the EU has positioned itself as a leading actor, in this domain, including in its crisis management operations. On the other hand, Canada, through its whole-of government and human security programs has also been an important actor in the promotion of SSR activities. Yet, even though several international organizations (including the United Nations, the OSCE and NATO) are effectively doing SSR activities on the ground, there does not exist a common framework within any of these organizations despite the role of the EU and Canada. As such, it is surprising to found no global common policy for SSR while this approach is precisely holistic in its foundations. Taking these elements into consideration, this paper analyzes two specific aspects : a) the absence of a common policy framework within international organizations and b) the major differences between the approaches of the OSCE and NATO in the domain of SSR and the implications for the EU and Canada’ roles.   Full extt available at: https://doi.org/10.22215/rera.v3i2.186

The Role of Financial Innovation in EU Market Integration and the Capital Markets Union

2018 ◽  
Author(s):  
Emilios Avgouleas
Keyword(s):  
Capital Markets ◽  
Risk Sharing ◽  
Market Integration ◽  
Financial Innovation ◽  
The European Union ◽  
Recent Developments ◽  
Capital Markets Union ◽  
Critical Overview ◽  
The Eu

This chapter offers a critical overview of the issues that the European Union 27 (EU-27) will face in the context of making proper use of financial innovation to further market integration and risk sharing in the internal financial market, both key objectives of the drive to build a Capital Markets Union. Among these is the paradigm shift signalled by a technological revolution in the realm of finance and payments, which combines advanced data analytics and cloud computing (so-called FinTech). The chapter begins with a critical analysis of financial innovation and FinTech. It then traces the EU market integration efforts and explains the restrictive path of recent developments. It considers FinTech's potential to aid EU market integration and debates the merits of regulation dealing with financial innovation in the context of building a capital markets union in EU-27.

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

Implications of Brexit for Skilled Migration from India to the UK

2021 ◽  
pp. 001573252110122
Author(s):  
Rupa Chanda ◽  
Neha Vinod Betai
Keyword(s):  
Transition Period ◽  
The European Union ◽  
Jel Codes ◽  
Decision To Leave ◽  
East European ◽  
The United Kingdom ◽  
Take Back ◽  
The Uk ◽  
European Economies ◽  
The Eu

In June 2016, the United Kingdom took the world by surprise with the results of its referendum on whether to remain in the European Union (EU). With a 52% majority, the country decided to leave the bloc in which it had been a member since 1973. With this outcome began the long process of Brexit negotiations between UK and the EU. The UK officially ceased to be an EU member on 31 January 2020, with a transition period up to the end of 2020. The decision to leave the EU came on the back of rising bitterness among people. Membership in the EU was seen as expensive and not beneficial to the country. One of the major campaigning points of the leave camp was the issue of immigration. Given that free movement of people is an important part of being in the EU, the party argued that leaving the EU would help the country take back control of its borders. Immigration in the UK has been on the rise since the early 2000s. It shot up further with the accession of the eight East European economies into the EU. Figure 1 shows how, leading up to Brexit, immigration from the EU to the UK was constantly increasing. JEL Codes: F00, F30, F22, F23

What Kind of Ireland?

2021 ◽  
pp. xviii-20
Author(s):  
Niamh Hardiman ◽  
David M. Farrell ◽  
Eoin Carolan ◽  
John Coakley ◽  
Aidan Regan ◽  
...  
Keyword(s):  
Political Institutions ◽  
Public Discourse ◽  
The European Union ◽  
Eu Member States ◽  
The United Kingdom ◽  
Original Contribution ◽  
Electoral Mobilization ◽  
The One ◽  
The Eu

Modern Ireland is a relatively wealthy and politically stable democracy, but it bears the deep marks of its route to this point. This introductory chapter draws together some key themes that run through this volume and profiles the core contributions of each of its chapters. The overall story is one of contradictory influences. The political institutions of the state, notwithstanding much innovation over time, retain a bias toward a remarkably strong executive. The long-standing weaknesses of social democratic electoral mobilization both reflect and reinforce a conservative and market-oriented tilt in policy priorities. The ideas that animate public discourse show a creative but sometimes problematic tension between republican and communitarian ideals on the one hand, and liberal ideas and values on the other. Ireland has assumed a confident role on the world stage and especially within the European Union (EU), but relations with its nearest neighbour, the United Kingdom, can often be problematic, not least because of the complexity of the politics of Northern Ireland. And while on many measures Ireland is among the wealthiest of the EU member states, this is not the lived reality for a great many of its citizens, and the nuances of why this is so need to be carefully assessed. Overall, this introductory chapter offers an overview of the whole Handbook while also making an original contribution in its own right.

Notes on the ECHR and the Disunited Kingdom ‘After’ Brexit – In memoriam Scott Crosby

2020 ◽  
pp. 203228442097693
Author(s):  
Gavin Robinson
Keyword(s):  
United Kingdom ◽  
European Convention ◽  
The European Union ◽  
The United Kingdom ◽  
Time Record ◽  
Eu Referendum ◽  
In Memoriam ◽  
European Criminal Law ◽  
The Eu

When the idea of this special edition occurred to the team behind the New Journal of European Criminal Law, my first thought was to go back through all of Scott Crosby’s contributions in print as editor-in-chief and see whether a mini-retrospective on the themes and views therein would be worthy of inclusion here – by Scott’s own standards. These notes focus on what gradually became the single biggest concern expressed in Scott’s editorials: the perilous position of the European Convention on Human Rights (ECHR) in a post-Brexit UK – in concreto, the prospect of what he labelled ‘Brexit plus’: a British exit from the ECHR system. I begin with Scott’s views on the European Union (EU) Referendum and the Brexit process. Next comes the great uncertainty currently surrounding the future of Convention rights in the United Kingdom, set against the emphasis placed by the editorials on the instrumental role of the ECHR in fostering peace across the whole of Europe, within and beyond the territory of the EU. In the event that Brexit plus should materialise, writing in the wake of polls showing all-time record support in Scotland for secession from the United Kingdom I close by asking whether Scotland might be able to ‘leave a light on for Strasbourg’.

scholarly journals Diversity of education systems in the European Union

2019 ◽  
Vol 55 (3) ◽  
pp. 230-249
Author(s):  
Andrzej Żurawski
Keyword(s):  
Higher Education ◽  
European Union ◽  
General Education ◽  
Educational Systems ◽  
The European Union ◽  
Education Systems ◽  
The United Kingdom ◽  
Eu Policies ◽  
The Impact ◽  
The Eu

Abstract This article explores Bruno Amable’s Diversity of Capitalism approach to analyze educational systems in the European Union (EU28). The main goal is to identify the main clusters of educational systems with regard to their institutional characteristics. Second goal of the analysis is to evaluate the impact of several EU policies and initiatives on the institutional structure of European educational systems. This article identified six clusters in terms of general education and five clusters in terms of higher education systems. The clustering shows, that – with some exceptions (notably the United Kingdom and Ireland) – European education systems have similar structure to other institutional areas, in particular, it confirms the existence of post-communist (in terms of Farkas) or patchwork (in terms of Rapacki et al.) capitalism. The article shows, as well, that subsystem of higher education is much less diverse, what may have a significance for future discussions on the capitalisms in the EU. Results suggests also that there exist significant differences in performance between the clusters, something that may have a crucial importance for an educational policy.

scholarly journals Wpływ wyjścia Zjednoczonego Królestwa z Unii Europejskiej na wspólną politykę bezpieczeństwa i obrony UE

2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Research Question ◽  
The European Union ◽  
The United Kingdom ◽  
Defence Policy ◽  
The Uk ◽  
The Eu ◽  
Common Security

The exit of the United Kingdom from the European Union (so-called Brexit) is one of the most important events in the process of European integration. It has a lot of extremely remarkable implications – both for the EU and for the United Kingdom. Among other, Brexit will affect the security of the United Kingdom and the EU. The aim of the study is to answer the research question: how will Britain’s exit from the EU influence the EU common security and defence policy? In order to answer this question, the factors that are most relevant to the United Kingdom’s significance for the EU’s security and defence policy will be identified. This will show how the EU’s potential of the security and defence policy will change, when the UK leaves this organisation. The most important conclusions are included in the summary.

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