scholarly journals Review on the Right of Establishment by Lawyers in the Common Market of the European Union

2008 ◽  
Vol null (32) ◽  
pp. 97-133
Author(s):  
김두수
Keyword(s):  
European Union ◽  
Common Market ◽  
The European Union ◽  
The Common ◽  
The Right

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

scholarly journals The competences of European Union institutions in the trade policy (Lisbon Treaty)

2010 ◽  
Author(s):  
Margareta Timbur
Keyword(s):  
European Union ◽  
Trade Policy ◽  
Lisbon Treaty ◽  
International Negotiation ◽  
The European Union ◽  
External Relations ◽  
The Common ◽  
The Right ◽  
Common Trade ◽  
The Impact

The European Union is the best known at the world’s leading trade power and the common trade policy is the core of EU external relations. The events of the last years and the extension of the EU to 27 member proved that the functioning system could no longer continue and was requiring a new institutional framework. The Lisbon Treaty was the right solution. It purposes are to bring changes for the citizens, institutions, external relations foe the consolidation of democracy in EU. This paper attempts to provide an overview of the major revisions introduced by the Treaty of Lisbon regarding the trade policy. Also, it analyses the extension and clarification of EU competence, the greater role of the European Parliament and the inclusion of investment policy in trade policy, the voting rules in trade area and the international negotiation of trade agreements. The study describes, as well, the impact of Lisbon Treaty implementation on the MS which are independent nations, but without power of decision in the common trade policy.

Part IV Procedures before the Commission, 3 Recovery of Unlawful Aid and the Role of National Courts

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
Competitive Advantage ◽  
Common Ground ◽  
Common Market ◽  
The European Union ◽  
National Courts ◽  
The Common ◽  
State Aids

This chapter examines the recovery of unlawful and incompatible State aids, which is one of the cornerstones of free and undistorted competition in the European Union. The repayment of an aid declared unlawful and incompatible with the common market is of utmost importance, as it eliminates the distortion of competition caused by the competitive advantage afforded by the contested aid. In other words, by repaying an unlawful aid, the recipient forfeits the advantage it had enjoyed over its competitors on the market and therefore the previously existing situation is restored; it is common ground in this respect that this objective is attained once the aid in question—increased, where appropriate, by default interests—has been repaid by the recipient.

Part V Judicial Review before the Court of Justice of the European Union, 3 Decentralized Judicial Review and Enforcement of EU State Aid Rules

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
Judicial Review ◽  
State Aid ◽  
Common Market ◽  
Final Decision ◽  
The European Union ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
The Common

This chapter assesses the enforcement of EU State aid rules. The Commission is not the only authority involved in the monitoring of State aid. As regards the supervision of Member States' compliance with their obligations under Articles 107 and 108 TFEU, the national courts also have an important role to play. The implementation of that system of control is a matter for both the Commission and the national courts, their respective roles being complementary but separate. Whilst assessment of the compatibility of aid measures with the common market falls within the exclusive competence of the Commission, subject to review by the Courts of the European Union, it is for national courts to ensure the safeguarding, until the final decision of the Commission, of the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by Article 108(3) TFEU.

THE PROBLEM OF ASSESSING THE LEVEL OF AGRICULTURAL INCOME IN EUROPEAN UNION

2017 ◽  
Vol XIX (5) ◽  
pp. 185-190 ◽  
Author(s):  
Henryk Runowski
Keyword(s):  
European Union ◽  
Labor Productivity ◽  
Standard Of Living ◽  
Farm Income ◽  
The European Union ◽  
Occupational Groups ◽  
Agricultural Income ◽  
The Common ◽  
The Right ◽  
On Farm

The aim of the study was to identify the problems of using different methods of measuring agricultural income and the resulting assessments. The system used by the European Union to measure farmers’ incomes is imperfect. The concept of measuring farm incomes is criticized. There are mentioned, among others no statistics on farm incomes, including both farm income and non-farm income. The Common Agricultural Policy strives to ensure an adequate standard of living for the rural population, i.e. the level of disposable income on the farm. The question is, what is the right level? This is largely determined by the level of social labor productivity attained in agriculture and the income derived from agriculture to the income generated outside of it by occupational groups attaining similar labor productivity. Only in this state makes sense to refer to the need to ensure income parity in agriculture and out of this sector.

scholarly journals Harmonising Accessibility in the EU Single Market: Challenges for Making the European Accessibility Act Work

2020 ◽  
Vol 43 (4) ◽  
pp. 83-102
Author(s):  
Anna Katarzyna Drabarz
Keyword(s):  
European Union ◽  
Civil Society ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
Persons With Disabilities ◽  
The Common ◽  
The Right ◽  
Common Understanding ◽  
The Eu

In the last decade, accessibility has become a buzzword not only among actors of the civil society advocating for the rights of persons with disabilities but also among the legislators in the European Union. The EU has adopted a series of binding regulations aiming at approximating the common understanding of accessibility and Member States’ approach to operationalising the right. Being part of EU harmonised law, the European Accessibility Act has already been considered a milestone in the process. The choice of an approach / approaches will decide about a success of its transposition into Member States legal systems.

scholarly journals Connected Automated Driving: Civil Liability Regulation in the European Union

Teisė ◽  
2020 ◽  
Vol 114 ◽  
pp. 85-102
Author(s):  
Olga Shevchenko
Keyword(s):  
European Union ◽  
Autonomous Vehicles ◽  
Civil Liability ◽  
Common Market ◽  
The European Union ◽  
Automated Driving ◽  
European Union Level ◽  
The Common

The aim of this article is to provide with the option of civil liability regulation of connected autonomous vehicles (CAVs) and autonomous vehicles (AVs) at the European Union level in the light of introduction of Connected Automated Driving (CAD) on the common market.

The Concepts of Non-Domination and Justification in EU Security-Related Context

2019 ◽  
pp. 265-292
Author(s):  
Ester Herlin-Karnell
Keyword(s):  
European Union ◽  
Political Theory ◽  
The European Union ◽  
Common Term ◽  
Legal Model ◽  
The Common ◽  
The Right ◽  
Republican Theory ◽  
The Relationship

This chapter explores the implications of a non-domination oriented view for understanding EU security regulation. It asks how the non-domination template fits the constitutional legal model, and what it adds for the understanding of the establishment of an ‘Area of Freedom, Security and Justice’ in the specific case of the European Union. The concept of non-domination is commonly seen as one of the most central concepts in republican theory. Therefore, this chapter looks at the relationship between coercion, which is the common term in legal vocabulary for describing force, and the concept of domination in political theory as such. It also discusses the implications of non-arbitrariness and the right to justification in a new security-related context. Specifically, this chapter links the question of security regulation to the longstanding debate in political theory on the connection between freedom and non-domination and to the constitutional debate on the formation of security regulation in Europe.

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