scholarly journals Process analysis transit of municipal waste. Part I - International provisions of law

2017 ◽  
Vol 28 (2) ◽  
pp. 28-35
Author(s):  
Dariusz Starkowski ◽  
Paweł Bardziński
Keyword(s):  
European Union ◽  
Process Analysis ◽  
Waste Utilization ◽  
The European Union ◽  
Waste Streams ◽  
European Union Law ◽  
Legal Provisions ◽  
Waste Production ◽  
Legal Document ◽  
The Eu

Abstract One of the crucial reasons of the system changes of waste management in our legal system in Poland was a need to implement solutions and mechanisms that are applied in the European Union. At the European Union law level, a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives constitutes a basic legal document described in this part of the article. The essential idea of the quoted directive is creating legal measures, promotion of eliminating waste production and treating it as a source instead. Achievement of these assumptions requires providing segregation at source and recycling of the main waste streams above all. It is necessary to encourage this action and support the reuse of products and waste utilization. Indicated international legal instruments are of primary importance for internal rules, which shall be constructed in a way that enables the achievement of goals determined by the EU law. Legal-organizational internal systems associated with the management of waste have undergone substantial changes from 2010. National legal provisions will be presented in the second part of the article.

Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

2018 ◽  
Keyword(s):  
European Union ◽  
Social Life ◽  
The European Union ◽  
European Union Law ◽  
European Continent ◽  
External Relations ◽  
History Of ◽  
Judicial Protection ◽  
Political Economic ◽  
The Eu

Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

Reading the Tea Leaves: The Polish Constitutional Tribunal and the Preliminary Ruling Procedure

2015 ◽  
Vol 16 (6) ◽  
pp. 1543-1568
Author(s):  
Aleksandra Kustra
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Tea Leaves ◽  
National Courts ◽  
Legal Provisions ◽  
Constitutional Tribunal ◽  
The Relationship ◽  
The Eu

The main purpose of the preliminary ruling procedure is to prevent divergences in judicial decisions applying European Union (EU) law and to ensure the uniform interpretation of EU legal provisions across Member States. The procedure, introduced in the Founding Treaties, has provided a platform for the Court of Justice of the European Union (hereafter, the ECJ or the CJEU) to deliver seminal judgments that have progressively defined the relationship between national and EU legal systems, among others. The procedure has also helped the ECJ to develop fundamental principles of EU law, including direct effect, indirect effect (i.e., the interpretation of national law in line with directives) and primacy. Being one of the most important aspects of the EU judicial system, the procedure provided by Article 267 of the Treaty on the Functioning of the European Union (hereafter, TFEU) has had an immense impact on the harmonious development of EU law and the way in which national courts and EU courts interact and communicate.

The Future of Intra-EU Investment Arbitration: Intra-EU Investment Arbitration under the ECT post Achmea

2019 ◽  
Vol 4 (1) ◽  
pp. 147-177
Author(s):  
Sahra Arif
Keyword(s):  
European Union ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Investment Arbitration ◽  
The Future ◽  
Energy Charter Treaty ◽  
Opposite View ◽  
The Relationship ◽  
The Eu

The Achmea judgment of the Court of Justice of the EU (CJEU) found that arbitration clauses in bilateral investment treaties (BITS) between Member States of the European Union are incompatible with European Union law. Following this, Member States attempted to invoke this judgment in relation to similar intra-EU arbitrations under the Energy Charter Treaty (ECT). Tribunals established under the ECT have however generally rejected the applicability of the Achmea judgement. While the EU Commission and the majority of Member States concluded that this judgment also precludes intra-EU ect arbitrations, a few Member States held the opposite view. The future of intra-EU ECT arbitrations therefore seems fragile in the least. A closer analysis of the decisions of ECT Tribunals, and the relationship between obligations under European Union law and international law however argues that the future of such intra-EU ECT arbitrations is not as fragile as it may seem.

scholarly journals Equality and Diversity Management Inside the Institutions of the European Union

2020 ◽  
Vol 12 (1) ◽  
pp. 223-240
Author(s):  
Silvia Manessi
Keyword(s):  
European Union ◽  
English Language ◽  
Diversity Management ◽  
Legal Framework ◽  
Equal Treatment ◽  
The European Union ◽  
Legal Provisions ◽  
Starting Point ◽  
Equality And Diversity ◽  
The Eu

The aim of this paper is to analyse the legal framework regulating the careers of civil servants working for the EU institutions and reveal how the values of equality and diversity are communicated and embedded in their daily lives. The research examines the English language used in the HR legal framework of the EU institutions and explores the linguistic aspects related to equality and diversity management and inclusive language. The starting point of this research is the idea that the European Union is based on the values of democracy, the rules of law and the equal treatment of its citizen, who are celebrated for their diversity. It is thus highly relevant to look at the EU in action and see if it is consistent in the understanding and application of these values. The methodological approach of this research entailed the creation and analysis of a unique corpus composed of all the applicable HR legal provisions in force within the EU institutions, and the examination of the linguistic features (word lists by frequency, concordances, collocations and lexical bundles) of the terminology related to four different areas of equality and diversity – the LGBTI community, gender, the elderly and persons with a disability – with the final aim to take stock of the related developments in the use of the English language. The results indicate that the language used in the EU HRM legal framework is not in line with the EU values of equality and diversity, and the research concludes with highlighting possible improvements of the language used in the corpus.

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

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 The Causes and Effects of Leaks in International Negotiations

2021 ◽  
Author(s):  
Matthew Castle ◽  
KJ Pelc
Keyword(s):  
European Union ◽  
Political Party ◽  
Media Coverage ◽  
Economic Liberalization ◽  
International Negotiations ◽  
The European Union ◽  
Political Actors ◽  
Legal Provisions ◽  
Internal Communications ◽  
The Eu

International negotiations are founded on secrecy. Yet, unauthorized leaks of negotiating documents have grown common. What are the incentives behind leaks, and what are their effects on bargaining between states? Specifically, are leaks offensive or defensive: are they intended to spur parties to make more ambitious commitments, or are they more often intended to claw back commitments made? We examine these questions in the context of trade negotiations, the recurring form of which affords us rare empirical traction on an otherwise elusive issue. We assemble the first dataset of its kind, covering 120 discrete leaks from 2006 to 2015. We find that leaks are indeed rising in number. Leaks are clustered around novel legal provisions and appear to be disproportionately defensive: they serve those actors intent on limiting commitments made. The European Union (EU) appears responsible for the majority of leaks occurring worldwide. Using party manifesto data to track changing ideological positions within the EU, we find that the occurrence of leaks correlates with opposition to economic liberalization within the average EU political party. Moreover, leaks appear effective in shifting public debate. We examine trade officials' internal communications and media coverage in the wake of a specific leak of negotiations between Canada and the EU. A given negotiating text attracts more negative coverage when it is leaked than when the same text is officially released. In sum, political actors leak information strategically to mobilize domestic audiences toward their preferred negotiating outcome.

scholarly journals The Causes and Effects of Leaks in International Negotiations

2019 ◽  
Vol 63 (4) ◽  
pp. 1147-1162 ◽  
Author(s):  
Matthew Castle ◽  
Krzysztof J Pelc
Keyword(s):  
European Union ◽  
Political Party ◽  
Media Coverage ◽  
Economic Liberalization ◽  
International Negotiations ◽  
The European Union ◽  
Political Actors ◽  
Legal Provisions ◽  
Internal Communications ◽  
The Eu

Abstract International negotiations are founded on secrecy. Yet, unauthorized leaks of negotiating documents have grown common. What are the incentives behind leaks, and what are their effects on bargaining between states? Specifically, are leaks offensive or defensive: are they intended to spur parties to make more ambitious commitments, or are they more often intended to claw back commitments made? We examine these questions in the context of trade negotiations, the recurring form of which affords us rare empirical traction on an otherwise elusive issue. We assemble the first dataset of its kind, covering 120 discrete leaks from 2006 to 2015. We find that leaks are indeed rising in number. Leaks are clustered around novel legal provisions and appear to be disproportionately defensive: they serve those actors intent on limiting commitments made. The European Union (EU) appears responsible for the majority of leaks occurring worldwide. Using party manifesto data to track changing ideological positions within the EU, we find that the occurrence of leaks correlates with opposition to economic liberalization within the average EU political party. Moreover, leaks appear effective in shifting public debate. We examine trade officials’ internal communications and media coverage in the wake of a specific leak of negotiations between Canada and the EU. A given negotiating text attracts more negative coverage when it is leaked than when the same text is officially released. In sum, political actors leak information strategically to mobilize domestic audiences toward their preferred negotiating outcome.

A Community of Principle

2020 ◽  
pp. 108-143
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
Point Of View ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Law Of Nations ◽  
Domestic Law ◽  
Rival View ◽  
The Eu

This chapter examines the question of the relations between EU law and domestic law from the point of view of a political theory of the European Union. It is common to see EU law under ‘federalism’ or under a theory of ‘statism’. These two views are outlined at the start of this chapter by examining various arguments made for them. They are both rejected. The chapter defends a rival view, the ‘internationalist’ reading of the EU, according to which it is a branch of the law of nations. A careful look at the EU treaties and the case law of the Court of Justice of the EU shows that the EU endorses an internationalist model based on equality and reciprocity. The EU does not replace the relation between citizens and political power. It does not establish a new constitutional law that replaces the national ones. It is a new way of organizing the relations between the various member states whose equality it fully respects. The coherence of European Union law is therefore not provided by uniformity imposed by a single master or constitutional rule, but is given by the political coordination of the laws of the member states achieved under the treaties. Coherence is achieved because the member states have adopted similar, although not identical, constitutional principles.

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