scholarly journals Frictions of implementing EU humanitarian aid in Greece (2016–2019)—the Emergency Support Instrument and its practical ramifications

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Cordula Dittmer ◽  
Daniel F. Lorenz
Keyword(s):  
European Union ◽  
Recipient Country ◽  
Field Research ◽  
Humanitarian Aid ◽  
The European Union ◽  
Humanitarian Operations ◽  
Transit Country ◽  
First Time ◽  
Empirical Field ◽  
The Eu

AbstractWith the closure of the border with then-Macedonia in early 2016, it was foreseeable that Greece would become the “last station” for a large number of refugees. Flanked by the agreement between Turkey and the European Union of March 2016, Greece underwent a profound transformation from a transit country to a recipient country. Through a new regulation, the Emergency Support Instrument, initially activated by the European Commission 2016–2019, international humanitarian aid operations were supported for the first time in the EU. The article analyzes the resulting frictions on the basis of empirical field research and a broad literature review. While frictions similar to those in other non-European humanitarian operations exist, specific peculiarities due to the operation taking place in an austerity-ridden member state of the EU must also be noted.

Case C-233/18 Zubair Haqbin v. Federaal Agentschap Voor de Opvang van Asielzoekers (C.J.E.U.)

2020 ◽  
Vol 59 (4) ◽  
pp. 694-707
Author(s):  
Justine N. Stefanelli
Keyword(s):  
European Union ◽  
Violent Behavior ◽  
Fundamental Rights ◽  
Preliminary Ruling ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
First Time ◽  
The Eu

In its preliminary ruling in Haqbin, the Court of Justice of the European Union (CJEU or Court) ruled for the first time on whether the EU Reception Conditions Directive 2013/33 (RCD) prohibits Member States from withdrawing material reception conditions in the event of a breach of the rules of accommodation centers, or in the context of violent behavior within those centers. In holding in the negative, the CJEU affirmed the important role played by fundamental rights in the EU's asylum system.

Remarks on Art. I-52 of the Constitutional Treaty: New Aspects of the European Ecclesiastical Law?

2005 ◽  
Vol 6 (11) ◽  
pp. 1719-1729 ◽  
Author(s):  
Michał Rynkowski
Keyword(s):  
European Union ◽  
Religious Communities ◽  
The European Union ◽  
Constitutional Treaty ◽  
Ecclesiastical Law ◽  
Religious Associations ◽  
The Status ◽  
Ec Law ◽  
First Time ◽  
The Eu

The question of churches and religious communities in the EU/EC law arose for the first time in 1997, when Declaration No. 11 on the status of churches and non-confessional organisations was attached to the Amsterdam Treaty. According to this Declaration, “The European Union will respect and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The European Union will equally respect the status of philosophical and non-confessional organisations.” The content of this Declaration was commented on many times by distinguished experts of the European ecclesiastical law. Art. I-52 of the Treaty establishing a Constitution for Europe (Constitutional Treaty/CT) repeats in paragraph one and two Declaration No. 11, and introduces in paragraph three a provision on dialogue between the EU and religious bodies: “Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.”

scholarly journals A menekültügyi őrizet elrendelésének anyagi jogi feltételei az uniós jog tükrében

2015 ◽  
Vol 12 (1-2) ◽  
pp. 21-31
Author(s):  
Árpád Kiss
Keyword(s):  
European Union ◽  
Human Rights ◽  
Law Enforcement ◽  
Asylum Seeker ◽  
Illegal Immigrants ◽  
The European Union ◽  
Transit Country ◽  
Eu Directive ◽  
The Right ◽  
The Eu

Hungary lies in the route of the stream of refugees coming from the Balkan. It is a transit country, so the refugees do not typically intend to stay here, they rather wish to travel torwards to West- and North Europe. Particular sections of Hungary's border also mean the external borders of the European Union, the area of freedom, security and justice, which has a common asylum system. Significant part of illegal immigrants presents asylum claim only to avoid the aliens procedures. From the 1st of January 2013, the legislature terminated the aliens detention against asylum applicants. From 1st of July 2013 the Hungarian legislature reintroduced the possibility of detention of applicants. The new regulation has been placed in Act LXXX of 2007 on the Right of Asylum, Sections 31/A-31/H by Act XCIII of 2013 on the Amendment of Particular Laws Concerning Law Enforcement. The introduction of asylum-seeker detention and the practice of its application have raised dust. In my essay I am introducing the connections between the reasons of ordering asylum-seeker detention in the Act on Asylum and its backgroud in the EU Directive. I am not dealing with the question of compatibility of asylum detention and human rights and with problematic procedural issues, because I consider it more important to review the substantive conditions of asylum-seeker detention and the certain practical questions of its application therefore I am focusing on this segment of jurisdiction.

scholarly journals The European Union’s existential crisis: current challenges from populism to Donald Trump

2018 ◽  
Vol 4 (1) ◽  
pp. 3-15
Author(s):  
Rita De Sousa Costa ◽  
Tiago Sérgio Cabral
Keyword(s):  
European Union ◽  
The United States ◽  
The European Union ◽  
Donald Trump ◽  
Existential Crisis ◽  
Political Forces ◽  
The World ◽  
Near Future ◽  
First Time ◽  
The Eu

2016 was marked by the rise of populism and isolationism around the world. The European Union is losing a Member State for the first time, after the British voted to leave in their “Brexit” referendum. Across the Atlantic, Donald Trump was elected President of the United States, causing concern amongst European leaders. In the remaining Member States, populist and Eurosceptic political forces are becoming more relevant, further endangering the integrity of the European Union. In this paper, we analyse the motives behind the European Union’s “existential crisis”, which is arguably, one of the most significant challenges the EU will face in its near future. We conclude that the European Union must reform in order to regain their citizens’ trust and reinforce democracy.

How to Tame the Elusive: Lessons from the Revision of the EU Flexibility Clause

2010 ◽  
Vol 7 (2) ◽  
pp. 343-373 ◽  
Author(s):  
Viljam Engström
Keyword(s):  
European Union ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
History Of ◽  
Basic Purpose ◽  
Treaty Of Rome ◽  
First Time ◽  
The Eu

AbstractThe mechanism established in what has now become Article 352 of the Treaty on the Functioning of the European Union (formerly known as Article 235 and 308) has many names. One of the more common is to refer to the mechanism as the 'flexibility clause'. As the notion indicates, the basic purpose of the mechanism is to provide the European Union with a possibility of (flexibly) adjusting legislative powers to arising needs. Since the very purpose of the flexibility clause is to provide for the exercise of legal powers where none is to be found in the EU Treaties, the clause hereby defines the ultimate reach of EU competence. Remarkably, although use of the clause has often been contentious, the wording of the clause has remained unchanged ever since the Treaty of Rome. The aim of the article is to outline the function and development of the flexibility clause especially in light of the Treaty of Lisbon, which for the first time in the history of the EC/EU rewrites the flexibility clause.

scholarly journals Pojęcie współmałżonka w prawie unijnym – uwagi na tle orzeczenia w sprawie Coman (C‑673/16)

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 103-117
Author(s):  
Ewa Kamarad
Keyword(s):  
European Union ◽  
International Law ◽  
Mutual Recognition ◽  
Private International Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Right ◽  
First Time ◽  
The Eu

The Term ‘Spouse’ in EU Law – Comments on the Judgment in the Coman Case (C‑ 673‑16) The paper concerns the judgment of 5 June 2018 issued by the Court of Justice of the European Union in the Coman case (C‑673‑16), in which the Court for the first time defined the term ‘spouse’ for the purpose of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. It discusses the consequences of the judgement and its relation to the traditional mechanisms of private international law and the EU principle of mutual recognition.

scholarly journals One (Firm) Is Not Enough: A Legal–Economic Analysis of EC–Fasteners

2013 ◽  
Vol 12 (2) ◽  
pp. 243-271 ◽  
Author(s):  
CHAD P. BOWN ◽  
PETROS C. MAVROIDIS
Keyword(s):  
European Union ◽  
Economic Analysis ◽  
Statistical Sampling ◽  
The European Union ◽  
Confidential Information ◽  
Eu Regulation ◽  
Appellate Body ◽  
Legal Challenges ◽  
First Time ◽  
The Eu

AbstractThe WTO's Appellate Body (AB) dealt with a number of issues for the first time in this Report. Importantly, it discussed the consistency of the European Union (EU) regulation with the multilateral rules on the conditions for deviating from the obligation to calculate individual dumping margins. Although China formally won the argument, the AB may have opened the door to treat China as a nonmarket economy (NME) even beyond 2016 when China's NME status was thought to expire under the terms of China's 2001 WTO Accession Protocol. The AB further dealt with numerous other issues ranging from statistical sampling to the treatment of confidential information. In handling its investigation, the EU authorities made a number of questionable decisions regarding the collection of information, and this aspect of the process was central to China's legal challenges.

Resisting Rebels in chad and the Central African Republic

2019 ◽  
pp. 134-150
Author(s):  
Marina E. Henke
Keyword(s):  
European Union ◽  
Central African Republic ◽  
Humanitarian Aid ◽  
Refugee Camps ◽  
The European Union ◽  
Complex Situation ◽  
Member States ◽  
Eu Member States ◽  
Conflict Area ◽  
The Eu

This chapter explores how, in an effort to address the complex situation of the conflict in Chad and the Central African Republic (CAR), the European Union (EU) deployed EUFOR Chad–CAR. The key objective of the force was to protect civilians living in the refugee camps, facilitate the delivery of humanitarian aid, and ensure the safety of humanitarian personnel operating in the conflict area. France initiated and politically orchestrated the deployment of EUFOR Chad–CAR. France worked relentlessly at the UN to pass a UN resolution that would authorize the EU mission and plan for the EU–UN transition. France introduced the issue at the EU Council and lobbied EU member states to support the proposal. Most EU members, however, did not share France's urgency to deploy an EU operation to Chad–CAR. As such, it was up to France to cajole these countries to contribute forces to the coalition. In this process, France instrumentalized diplomatic embeddedness. The chapter then looks at the deployment decisions of the three largest troop-contributing countries: Ireland, Poland, and Sweden; Austria, a deeply embedded state with France; and Russia, a less embedded state with France.

scholarly journals Humanitarian aid of the European Union and United Nations: actions, responsibilities, and finances

2015 ◽  
Vol 29 (29) ◽  
pp. 65-73 ◽  
Author(s):  
Aleksandra Harat ◽  
Michał Chojnacki ◽  
Krzysztof Leksowski
Keyword(s):  
European Union ◽  
United Nations ◽  
Humanitarian Aid ◽  
Humanitarian Assistance ◽  
The European Union ◽  
The United Nations ◽  
Key Events ◽  
Financial Issues ◽  
The Eu

Abstract The main purpose of the article is to analyze humanitarian aid provided by the European Union and the United Nations. The research includes a review of existing documents, reports, and studies on world humanitarian assistance. The main issues and findings analyzed in this study are the evolution of the humanitarian assistance provided by the European Union and the United Nations and the role of the European Community Humanitarian Aid Office – ECHO and the Office for Coordination of Humanitarian Affairs - OCHA – as units responsible for organization and financial issues. On the basis of the history and key events, the finances, and significant projects in the field of humanitarian aid implemented by the EU and the UN are presented. Finally, the authors attempt to assess the effectiveness of assistance.

Case C-176/12 Association de Médiation Sociale: Some Reflections on the Horizontal Effect of the Charter and the Reach of Fundamental Employment Rights in the European Union

2014 ◽  
Vol 10 (2) ◽  
pp. 332-348 ◽  
Author(s):  
Eleni Frantziou
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Advocate General ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
Employment Rights ◽  
First Time ◽  
The Eu

On 15 January 2014, the Court of Justice (hereafter ‘the Court’) delivered its judgment in Association de Médiation Sociale (hereafter ‘AMS’). AMS brought for the first time before the Court the issue of horizontal applicability in relation to a provision of the EU Charter of Fundamental Rights (hereafter ‘Charter’), namely Article 27 thereof, which enshrines the right of workers to information and consultation within the undertaking. The case therefore raised questions of ‘undeniable constitutional significance’, as Advocate-General Cruz Villalón had put it in his Opinion, regarding the post-Lisbon enforcement and interpretation of the Charter and, in particular, its application to disputes between private parties.

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