Audiovisual policy transfer between Mercosur and the European Union has gone offtrack

2021 ◽  
pp. 174804852110521
Author(s):  
Marina Rossato Fernandes ◽  
Jan Loisen ◽  
Karen Donders
Keyword(s):  
European Union ◽  
Critical Evaluation ◽  
Document Analysis ◽  
Policy Transfer ◽  
Internal Market ◽  
Policy Learning ◽  
Expert Interviews ◽  
The European Union ◽  
Transfer Theory ◽  
Trade Blocks

This article analyses the Audiovisual Mercosur Program as a case of policy transfer between Mercosur and the European Union. A qualitative document analysis, expert interviews and the use of policy transfer theory and its constraints made possible the critical evaluation of the program and its impacts. By focusing on the constraints that led to an incomplete and uninformed transfer, we were able to identify an alignment between the underlying ideas of audiovisual policies in Mercosur and the European Union, but also inadequate governance within Mercosur, unbalanced interests between the two trade blocks, and a lack of policy learning. As a result, the transfer of European Union policies reproduced well-documented failures of the European Union's internal market policies relating to the audiovisual sector.

5. Article 102

2021 ◽  
pp. 180-223
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Union ◽  
Internal Market ◽  
Single Market ◽  
Substantial Part ◽  
The European Union ◽  
Member States ◽  
Dominant Position ◽  
Dominant Firms ◽  
Abuse Of Dominance

This chapter discusses the main features of Article 102 of the Treaty of Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by discussing the meaning of ‘undertaking’ and ‘effect on trade between Member States’ in the context of Article 102. It then considers what is meant by a dominant position and looks at the requirement that any dominant position must be held in a substantial part of the internal market. Thereafter it discusses some general considerations relevant to the concept of abuse of dominance, followed by an explanation of what is meant by ‘exploitative’, ‘exclusionary’ and ‘single market’ abuses. It then discusses possible defences to allegations of abuse, and concludes by considering the consequences of infringing Article 102.

Differentiation through Derogations—Contesting Internal Market Discipline

2019 ◽  
pp. 143-179
Author(s):  
Maria Weimer
Keyword(s):  
European Union ◽  
Market Discipline ◽  
Internal Market ◽  
The European Union ◽  
Practical Application ◽  
Member States ◽  
Strict Interpretation ◽  
Opt Out ◽  
Decentralized Governance ◽  
Legal Frameworks

This chapter examines attempts to accommodate diversity and disagreement on issues of agricultural biotechnology in the European Union through derogation mechanisms, such as those contained in Article 114 TFEU. More specifically, it considers whether derogations can lead to differentiation in EU harmonization to regulate risk in the internal market. The chapter begins with a discussion of pathways of differentiation available under EU harmonized legal frameworks, with particular emphasis on opt-out clauses under Article 114(4) and (5) TFEU and safeguard clauses in EU secondary legislation. It then explores the practical application of these clauses in the field of GMOs, showing that their strict interpretation by both the Commission and the CJEU leaves little room for differentiation and decentralized governance after GMO authorization. Finally, the chapter analyses the contestation by Member States of such strict interpretation. By continuously invoking opt-outs and safeguards, Member States have achieved de facto differentiation through disobedience.

The Single European Market in Goods

2018 ◽  
Author(s):  
Isidora Maletić ◽  
Catherine Barnard
Keyword(s):  
European Union ◽  
Administrative Law ◽  
Internal Market ◽  
Whole Body ◽  
The European Union ◽  
Policy Objective ◽  
Product Regulation ◽  
Single European Market ◽  
Integration Project ◽  
Administrative Tasks

The focus of this chapter is on the European Union administrative law that has arisen in the specific policy setting of the internal market. The creation of the internal market, which ‘shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured’, is at the heart of the European Union integration project and consequently also of the EU’s administrative network structure. A number of the other chapters that follow in this collection are closely related to the present discussion, either through the specific type of product concerned, or by virtue of exploring a particular policy objective intertwined with the broader framework of the internal market. This chapter concentrates on the internal market and its administration more narrowly understood. Its focus is mainly on the administrative tasks, structures, procedures, and enforcement in the field of product regulation. However, this should not overlook the extent to which the underlying provisions, principles, and practices in this field relate, more widely, to the whole body of EU administrative law.

5. Article 102

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Union ◽  
Internal Market ◽  
Controversial Issue ◽  
Substantial Part ◽  
The European Union ◽  
Member States ◽  
Dominant Position ◽  
Dominant Firms ◽  
Article 102 Tfeu

This chapter discusses the main features of Article 102 of the Treaty on the Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by introducing the European Commission’s Guidance on the Commission’s enforcement priorities in applying Article [102 TFEU] to abusive exclusionary conduct by dominant undertakings. It then discusses the concept of undertaking, the requirement of an effect on trade between Member States, the concept of a dominant position and the requirement that any dominant position must be held in a substantial part of the internal market. The chapter also considers the meaning of abuse of a dominant position, which is a complex and controversial issue. A discussion of the defences to allegations of abuse is followed by a brief look at the consequences of infringing Article 102.

6. Free movement of persons

2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

12. Citizenship and free movement of persons: workers and establishment

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Economic Activity ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Freedom Of Establishment ◽  
European Economic ◽  
Free Movement Of Workers ◽  
Treaty Of Rome ◽  
Free Movement Of Persons

This chapter examines the free movement of workers, family members and non-active persons, and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity.

The New Actors of Macroprudential Supervision in Germany and Europe – A Critical Evaluation

2015 ◽  
Vol 27 (6) ◽  
Author(s):  
Elke Gurlit ◽  
Isabel Schnabel
Keyword(s):  
European Union ◽  
Critical Evaluation ◽  
Financial System ◽  
Institutional Setting ◽  
The European Union ◽  
Economic Perspective ◽  
Systemic Risks ◽  
Multi Level ◽  
Crd Iv

AbstractWith the CRR/CRD IV package being in effect, the banking supervisors of the European Union possess an impressive set of macroprudential instruments to fight systemic risks in the financial system. However, in order to be effective and efficient, the instruments need an appropriate organizational and institutional setting. The text analyzes the complex multi-level network of actors of macroprudential supervision from a legal and economic perspective.

Sign in / Sign up

Export Citation Format

Share Document