Rezension zu Steffen Fritzsche: Das europäische Luftverkehrsrecht und die Liberalisierung des transatlantischen Luftverkehrsmarkes und Martin Bartlik: The Impact of EU Law on the Regulation of International Air Transportation

Author(s):  
Klaus Tonner
Keyword(s):  
Eu Law ◽  
Author(s):  
Eilionóir Flynn

Ireland’s constitution adopts a dualist approach to international law. It is in a unique position as a state which has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), but one which is obliged to adhere to the provisions of the CRPD in EU law, by virtue of the EU’s conclusion of the CRPD in 2010. To date, the CRPD has been referenced in a number of cases before the Irish courts in the context of employment equality law and mental health law. This chapter examines the extent of the impact that the CRPD can have on the judgments of domestic courts on disability rights in advance of the state’s ratification of the Convention.


2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.


2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.


2021 ◽  
Vol 24 (1) ◽  
pp. 38-54
Author(s):  
Tadeusz A. Grzeszczyk ◽  
Waldemar Izdebski ◽  
Michał Izdebski ◽  
Tadeusz Waściński

Poland is not one of the leaders in the use of renewable energy sources (RES), and most energy is still produced using hard coal and lignite. Therefore, there are noteworthy emissions of air pollution (including ashes and greenhouse gases), and the Polish energy sector is characterized by a substantial degree of carbonization, which, as a result, threatens to expressively increase the costs of electricity production, leading to financial penalties imposed by the EU. The aim of this paper is to analyze socio-economic factors influencing the development of the RES sector in Poland. According to this aim, expert research was carried out, in which the factors influencing development potential of RES were assessed at two levels (level II – 5 factors, level III – 15 factors) according to the factor tree analysis. Based on the analysis of the level II factors, it can be concluded that the development of the RES sector in Poland will depend to a decisive extent on factors such as: EU decisions and Polish legislation affecting the development of the RES sector in Poland, prices and availability of conventional energy carriers. Other two factors – regional policy on ecology and ecological awareness in Poland – have so far little impact on the development of this sector in the state. The analysis of the level III factors shows that the greatest impact on the development of the RES sector in Poland is the influence of European lobbying of manufacturers of machinery and equipment for renewable energy production on EU law, the impact of Polish lobbying of conventional energy producers on Polish law in the production of renewable energy and the influence of European lobbying of renewable energy producers into EU law.


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