scholarly journals Assessing the EU Framework Regulation for the Screening of Foreign Direct Investment—What Is the Effect on Chinese Investors?

2020 ◽  
Vol 6 (1) ◽  
pp. 36-70
Author(s):  
Paweł Mateusz Gadocha
Keyword(s):  
The European Union ◽  
Member States ◽  
The Public ◽  
Freedom Of Movement ◽  
Chinese Investment ◽  
Legal Questions ◽  
Relevant Effect ◽  
Cooperation Mechanism ◽  
New Framework ◽  
The Eu

Abstract An increase of Chinese investment into the territory of the European Union has raised EU regulators’ concerns regarding the public security of the EU. As a result, the new Framework Regulation 2019/452 establishing a framework for the screening of FDI into the EU was adopted as a legal instrument aimed at their control, applicable from 11 October 2020. Adopted within the scope of Common Commercial Policy of the EU, the Framework Regulation, however, might not become an effective legal measure, as its application by Member States both in light of the freedom of movement of capital and the relevant CJEU jurisprudence raises significant legal questions. This article broadly discusses the newly introduced cooperation mechanism between Member States and the European Commission, as well as the relevant effect of the Framework Regulation upon Chinese investment and the pending negotiations of the EU-China BIT.

scholarly journals Contemporary economic relations between China and European Union

2014 ◽  
Vol 66 (1-2) ◽  
pp. 35-50
Author(s):  
Nikola Jokanovic
Keyword(s):  
European Union ◽  
Global Economy ◽  
The European Union ◽  
Member States ◽  
Economic Relations ◽  
Trade Relations ◽  
Eu Member States ◽  
Chinese Investment ◽  
High Level ◽  
The Eu

This paper will discuss the economic relations between the European Union and the People?s Republic of China. The introductory part will make an insight into the position of China in the contemporary global economy. The following part of the paper will analyze China-EU trade relations. The topics included will be a general overview of these relations since their establishing in 1975 as well as the European Union?s attitude towards the Chinese WTO membership. The Sino-EU partnership and competition will also be described and it will be followed by an overview of the Sino-EU High Level Economic and Trade Dialogue (HED). The concluding topics in this part of the paper will include Sino-EU trade flows, perceived obstacles to trade and investment as well as recent trade disputes between two trading partners. The third part of the paper will deal with Sino-EU investment flows (with an emphasis on Chinese investments in EU member states). After the introductory remarks concerning the EU investments originating from China, the paper will shed light on particular EU member states which are preferred for Chinese investment as well as the industries in which Chinese companies are willing to invest. The concluding part of this paper will offer possible development of relations between the EU and China in the near future.

scholarly journals The European Union competence in the public health field

2021 ◽  
pp. 87-92
Author(s):  
V. O. Tyumentsev
Keyword(s):  
Public Health ◽  
European Union ◽  
Legal Regulation ◽  
Health Protection ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Legal Provisions ◽  
Health Field ◽  
The Eu

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.

scholarly journals From the Unitary Patent Package to a Federal EU Patent Law

2018 ◽  
Vol 10 (1) ◽  
pp. 126-146
Author(s):  
Juliana Almeida ◽  
Guilherme Oliveira e Costa
Keyword(s):  
Patent Protection ◽  
Technological Development ◽  
Patent Law ◽  
International Agreement ◽  
The European Union ◽  
Member States ◽  
Cooperation Mechanism ◽  
Unitary Patent ◽  
The Eu ◽  
Scientific And Technological Development

Abstract For the last forty years, the European Union has been pursuing the goal of a unified system of patent law, which would make it possible for an invention to be protected, by EU law, throughout the territory of the Member-States, with a single application. This would simplify the patent protection system, making it easier, less costly and more secure, and would facilitate access to the internal market and promote scientific and technological development. However, problems might arise because of the plurality of legal sources that could be involved and due to the fact that not all countries want to be part of this new system. Nevertheless, the involvement of the majority of the Member-States in the Unitary Patent Package, through participating in an international agreement and in using the EU’s enhanced cooperation mechanism, is evidence of federalist manifestations of the EU as a sui generis organisation.

scholarly journals Status obywatela UE a Europejski Program w zakresie Migracji

2021 ◽  
Vol 47 (22 (180)) ◽  
pp. 163-182
Author(s):  
Katarzyna Strąk
Keyword(s):  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
Research Material ◽  
Legal Situation ◽  
The Status ◽  
The Subject ◽  
The Impact ◽  
The Eu

Przedmiotem tego artykułu jest próba oceny wpływu Europejskiego programu w zakresie migracji z 2015 r. na status obywatela UE. Ocena ta została zrealizowana w kontekście swobody przemieszczania się na podstawie art. 21 TFUE w dwóch obszarach. Pierwszym z nich jest tymczasowe wprowadzenie kontroli na granicach wewnętrznych państw członkowskich UE, drugim – środki przyjmowane przez państwa członkowskie, związane z utrzymaniem porządku publicznego i bezpieczeństwa publicznego, w tym ochroną przed zagrożeniem terrorystycznym. Materiał badawczy jest jednak stosunkowo nieliczny, ogranicza się do wybranych przepisów Kodeksu Granicznego Schengen i wybranych spraw przed Trybunałem Sprawiedliwości UE, w dalszym ciągu w większości przypadków jeszcze nierozstrzygniętych. Mimo to z analizy tej wynika konkretny wniosek. Przepisy unijne, nawet jeśli faktycznie ograniczają sytuację prawną obywateli unijnych, wpisują się w zakres ograniczeń dopuszczalnych. Rzeczywisty wpływ na ograniczenie praw wynikających z posiadania statusu obywatela UE mają przepisy państw członkowskich. Status of Citizen of the European Union and European Agenda on Migration The subject of this article is to attempt to assess the impact of the 2015 European Agenda on Migration on the status of an EU citizen. This assessment was carried out in the context of freedom of movement under Article 21 TFEU, within two areas. The first one is the temporary introduction of controls at the internal borders of EU Member States, the second one are measures adopted by Member States and related to the maintenance of public order and public security, including protection against the terrorist threat. The research material is however relatively sparse, limited to selected provisions of the Schengen Borders Code and selected cases before the Court of Justice of the EU, still mostly pending. Nonetheless, one conclusion that emerges from this analysis is that EU rules, even if they actually restrict the legal situation of EU citizens, fall within the scope of acceptable restrictions. The real impact on the limitation of the rights attached to the status of EU citizen is in the Member States’ legislation.

scholarly journals Differentiated Support of the EU Enlargement in the Public Opinion: A Multivariate LISREL Analysis

Geografie ◽  
2007 ◽  
Vol 112 (1) ◽  
pp. 1-16
Author(s):  
Veronika Tománková
Keyword(s):  
Public Opinion ◽  
Eu Enlargement ◽  
Structural Equations ◽  
The European Union ◽  
Multivariate Statistical ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
The Eu ◽  
Clear Support

This paper provides an analysis of the public opinion in the EU countries concerning further enlargement. Public opinion plays an important role in the current integration processes and is an integral part of the research concerning the European Union. The differentiation in the support for the EU enlargement across 25 countries can be explained by the multivariate LISREL (linear structural equations) analysis that makes possible to identify a causal system through the explanatory model. The model includes structural and public opinion variables in the set of the twenty-five EU member states. Multivariate statistical analysis shows a low public opinion support for the EU enlargement in rich states and, on the other hand, a clear support in a group of post-communist member states.

scholarly journals Europeanisation and German Public Administration

2021 ◽  
pp. 53-60
Author(s):  
Hans Hofmann
Keyword(s):  
Public Administration ◽  
National Level ◽  
The European Union ◽  
European Level ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
Legal Remedy ◽  
Administrative Procedures ◽  
The Eu

AbstractThis chapter discusses how public administration in Germany is influenced by the making and implementation of law by the organs of the European Union (EU). Although the public administrations of the EU Member States are, in principle, responsible for enforcing the laws made by the EU, the EU’s influence on the public administration of Germany as EU Member State is constantly growing. This is true, not only of those areas in which the Member States have transferred to the EU the authority to make laws, but increasingly also of those areas in which the Member States have retained such authority. At the same time, however, there is no systematic codification of the law on administrative procedures at European level and no system of legal remedy for Union citizens equivalent to those at national level.

Implementation of the Principles of Good Governance on the National Level

2019 ◽  
pp. 185-199
Author(s):  
Henk Addink
Keyword(s):  
Good Governance ◽  
National Level ◽  
The European Union ◽  
Cultural Economic ◽  
Public Authorities ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
The Eu ◽  
The Ideal

In ‘Good governance in the EU member states’ we investigated the interpretations and implementation of good governance and its principles in the EU member states, taking into account the different functions of government bodies. Good governance implementation is of growing importance on a national level in the fulfilment of public tasks by the public authorities, but also in relation to private institutions, when fulfilling tasks that are in the public interest. The common interest is related to a society’s underlying public values and it is directly linked to the concept of good governance. Good governance has a dual nature: the factual and the ideal. The factual dimension is represented by the realisation of good governance as an administrative fact and the ideal dimension in the element of conceptual (moral) correctness. Once conceptual correctness is acknowledged as a necessary element, the picture fundamentally changes: a non-positivist concept of good governance evolves. Good governance promotes cultural, economic, and social dynamics coherently within a society and in concrete situations. Good governance is the backbone of any modern European state. Also, some studies about good governance in states outside the European Union. Of course, there are important differences between and within continents; nevertheless, we can take a similar approach to other states in Africa, America and Australia. One of the new elements is also the attention to the issue of integrity in relation to the concept of good governance. We will present more clearly the concept of good governance in its concrete sense inside and outside Europe. We found good governance norms specified in legislation, policy documents, and decisions of courts and other controlling institutions like the ombudsmen and the courts of audit. A special point of attention is the link—in both theory and practice—between good governance and integrity.

Democracy in Europe: The EU and National Polities

2008 ◽  
Vol 41 (1) ◽  
pp. 219-221
Author(s):  
Bernard H. Moss
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Oxford University ◽  
The Future ◽  
The Eu ◽  
Oxford University Press

Democracy in Europe: The EU and National Polities, Vivien A. Schmidt, Oxford: Oxford University Press, 2006, pp. 326.Vivien Schmidt is a specialist on the European Union (EU) who, like most, believes that it has taken over most of the functions of the member-states, that it is a pluralist democracy superior to theirs, that it is necessary and beneficial and the wave of the future. The only problem remaining to complete the subordination of the member-states posed in her book is that their politicians have not yet found the language or discourse to convince the public of these self-evident and unavoidable truths.

Freedom of movement, social rights and residence-based conditionality in the European Union

2018 ◽  
Vol 29 (1) ◽  
pp. 70-83 ◽  
Author(s):  
Cecilia Bruzelius
Keyword(s):  
European Union ◽  
Member State ◽  
Social Rights ◽  
The European Union ◽  
Habitual Residence ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
State Case ◽  
The Eu

This article stresses the need to study how European Union (EU) member states define and implement the concept of habitual residence to assess boundaries of welfare in the EU. It focuses specifically on EU migrant citizens’ social rights and draws on comparative qualitative research on two EU member states – Germany and Sweden. The article first clarifies the differences between legal and habitual residence, and distinguishes between legal definitions of habitual residence and administrative formalities tied to such definitions. After examining legal definitions at the EU level, it goes on to consider additional definitions found in each member state case and administrative formalities attached to these definitions. Following this, implications for EU migrant citizens’ social rights in each country are assessed. The analysis reveals how administrative processes of residence registration shape conditionality. In this way, administrative aspects of habitual residence can have far-reaching exclusive effects on EU migrant citizens’ access to social benefits and services in the destination member state, as well as inhibit their ability to enjoy their right to freedom of movement. The article thus illustrates the inherent tension between free movement and residence-based social rights in a Union with devolved social provision.

scholarly journals THE IMPACT OF COVID-19 ON THE FREE MOVEMENT OF PERSONS IN THE EU

2021 ◽  
Author(s):  
Dunja Duić ◽  
Veronika Sudar
Keyword(s):  
Public Health ◽  
Political Legitimacy ◽  
Fundamental Rights ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
The Impact ◽  
The Eu

The impact of the COVID-19 outbreak is being endured throughout the world, and the European Union (EU) is no exception. The rapid spreading of the virus effected, among other things, restriction on the freedom of movement. The EU member states introduced national response measures to contain the pandemic and protect public health. While broadly similar, the measures differ with regard to strictness and the manner of introduction, reflecting the political legitimacy of the respective country. With the ‘Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak’ – its first COVID-19-related Communication – the European Commission (EC) attempted to curb differing practices of the EU member states and ensure a coordinated approach. Ultimately, this action was aimed at upholding of fundamental rights as guaranteed to EU citizens, one such being the freedom of movement. Thus, from the very start of the pandemic, the coordinated actions of EU institutions sought to contain the spread of COVID-19 infections with the support and cooperation of EU member states. This is confirmed by the most recent Council of the EU (Council) recommendation on a coordinated approach to restrictions to freedom of movement within the EU of October 2020. While they did prevent the spread of infection and save countless lives, the movement restriction measures and the resulting uncertainty have greatly affected the people, the society, and the economy, thereby demonstrating that they cannot remain in force for an extended period. This paper examines the measures introduced by EU member states and analyses the legal basis for introducing therewith limitations on human rights and market freedoms. To what extent are the EU and member states authorized to introduce restrictions on the freedom of movement in the interest of public health? Have the EU and member states breached their obligations regarding market freedoms and fundamental rights under the Treaty? And most importantly: have they endangered the fundamental rights of the citizens of the EU?

Sign in / Sign up

Export Citation Format

Share Document