scholarly journals International Financial Standards in the Global Legal Order and in EU and EAEU Law

2020 ◽  
Vol 8 (3) ◽  
pp. 4-31
Author(s):  
Ilya Lifshits ◽  
Vladislav Ponamorenko
Keyword(s):  
Financial Regulation ◽  
Legal Order ◽  
Soft Law ◽  
The European Union ◽  
Integration Model ◽  
Peer Reviews ◽  
Eurasian Economic Union ◽  
The International Monetary Fund ◽  
The Eu

The global financial crisis strengthened the role of international financial standards in global commercial architecture and outlined the specialization of standard-settingbodies. These standards may be transposed in international agreements or be implemented in the legal order of states and state communities (such as the European Union (EU) and the Eurasian Economic Union (EAEU)). The development of standard-setting bodies and the evolving process of soft law rulemaking have led to the establishment of a specific mechanism, which may be called “the soft law mechanism.” The authors argue that this mechanism includes several components: normative (IFS), institutional (SSBs), controlling (peer reviews), and assuring (implementing incentives) components. However, despite the rising influence of international financial standards, a strict boundary between soft and hard law should be established. This article outlines these boundaries and justifies the use of the term soft law. In post-crisis global financial regulation, the role of soft law has increased not only in the financial market but also in the field of monetary regulation. Along with the traditional mechanisms of financial support from the International Monetary Fund (IMF), states may use alternative bilateral and regional mechanisms. At the level of integration associations, soft law manifests in different ways. In the EU, despite the expansion of its field of action, soft law is purely an auxiliary element of the Union’s legal system. In EAEU law, the mechanism of soft-law regulation can beconsidered promising, given the peculiarities of the integration model. 

2. The Foundations of European Union Intellectual Property Law

2019 ◽  
pp. 36-66
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
European Union ◽  
European Central Bank ◽  
Legal Order ◽  
Property Law ◽  
The European Union ◽  
European Central ◽  
Court Of Justice ◽  
Union Section ◽  
The Eu

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.

scholarly journals Democratic Legitimacy and Soft Law in the EU Legal Order: A Theoretical Perspective

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Danai Petropoulou Ionescu ◽  
Mariolina Eliantonio
Keyword(s):  
Decision Making ◽  
European Union ◽  
Theoretical Perspective ◽  
Legal Order ◽  
Democratic Legitimacy ◽  
Soft Law ◽  
The European Union ◽  
Policy Issues ◽  
Empirical Assessment ◽  
The Eu

The increased recourse to soft law by the European Union (EU) as a flexible solution to complex social and policy issues has raised several questions about the democratic legitimacy of decision-making at the EU level. With the aim to provide a normative direction for future empirical assessment of EU soft law, this article explores the democratic credentials that EU soft law measures should fulfil to ensure their legitimacy. Drawing from the intersections of liberal, republican and deliberative conceptions of democracy, this article proposes four democratic legitimacy standards for the evaluation of soft law measures in practice: parliamentary involvement, transparency, participatory quality and reviewability.

scholarly journals The current role of the Court of Justice of the EU in the legal institutional system of the European Uniuon

2021 ◽  
Author(s):  
Maxim Toncoglaz ◽  
Keyword(s):  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Current Role ◽  
Court Of Justice ◽  
General Principles Of Law ◽  
Dynamic Integration ◽  
Institutional System ◽  
The Eu

In this article, we will discuss the role of the ECJ in the EU legal order. The concept of general principles of law is of great importance today for deepening the process of European integration, the formation and development of EU law as a whole. An important role in its development and consolidation lies with the EU Court of Justice. Its consistent practice has led to the formation of the very concept of EU law and the recognition of its general principles. The Court of Justice of the European Union not only models the concept, but also ensures that the general principles of law are respected by all the institutions of the European Communities and the Member States, which in turn contributes to strengthening the legitimacy of the Communities and of the Union and their legal system and, on the other hand, contributes to a more dynamic integration.

scholarly journals Buy national campaigns promotionin the EU and EAEU countries

2022 ◽  
Vol 7 (4) ◽  
pp. 41-54
Author(s):  
K. N. Elikbaev ◽  
G. V. Podbiralina
Keyword(s):  
National Policy ◽  
Soft Law ◽  
The European Union ◽  
Member States ◽  
Model Code ◽  
Eurasian Economic Union ◽  
Retail Chains ◽  
Economic Union ◽  
National Campaigns ◽  
The Eu

It is determined in the article that the promotion of the “Buy National” policy is of a protectionist nature and often may not comply with international trade rules, including within the framework of integration associations. It was determined that this approach of the states participating in integration associations (the EAEU is no exception) is a certain brake on the development of integration processes. As a result of the analysis of studies on this issue, it was revealed that consumers in certain countries support the policy “Buy national, but their purchasing habits are not fundamentally changed. The study analyzes individual ways of using the Buy National campaigns in the countries of the European Union and the Eurasian Economic Union and shows that countries are actively using this policy, explaining these measures by supporting the national economy, but such actions threaten the development of integration. Based on the results obtained, possible recommendations for cooperation of the EAEU member states have been developed for an equal representation of goods from the five countries in retail facilities. In particular, it was proposed to develop and adopt a model code of good practices for retail chains as norms of "soft" law, enshrining in it the principle of non-discrimination towards goods from the EAEU member states.

"SOFT LAW" OF THE EUROPEAN UNION: SOME ISSUES OF ITS APPLICATION

2021 ◽  
pp. 60-68
Author(s):  
E.V. Skurko
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Soft Law ◽  
The European Union ◽  
Theoretical Concepts ◽  
Eu Legislation ◽  
The Eu

The article presents an analysis of theoretical concepts of ‘soft law’ in the European Union, as well as the practice of using ‘soft law’ tools in legal regulation, the issues of legitimacy and effectiveness of ‘soft law’ in the EU. Today, soft law instruments account for about 10% of the EU legislation, and the role of soft law in legal regulation is growing. At the same time, problems arise in connection with the use of soft law instruments in Europe, the most relevant of which are presented in this review.

scholarly journals “Non-Recognition” of the EAEU by the European Union: Political Aspects

2021 ◽  
Vol 101 (1) ◽  
pp. 200-208
Author(s):  
Bolonina ◽  
Keyword(s):  
European Union ◽  
Trade Agreements ◽  
The European Union ◽  
Integration Model ◽  
Eu Countries ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Growing Network ◽  
Formal Dialogue ◽  
The Eu

The Eurasian Economic Union (EAEU) positions itself as an open integration formation and considers the cooperation with external partners as a key feature of its functioning. However, while it is developing a growing network of trade agreements in the framework of a Great Eurasian Partnership, it faces difficulties in establishing a formal dialogue with a neighboring integration formation – the European Union (EU). In this article we propose to analyze political causes of such “non-recognition”, conditioned by the context of political tensions between Russia and the EU countries and by the perception of the EAEU as a tool for promotion of an integration model, alternative to the European one. The article offers recommendations to enhance the dialogue between the two integration unions, oriented at strengthening of objective economic prerequisites for EU ‒ EAEU cooperation, as well as at the formation of the EAEU identity, separate from the identities of its member-states.

A Hard Law Approach to States Systemic Violations of Article 2 of the Treaty of the European Union

2020 ◽  
pp. 363-380 ◽  
Author(s):  
Miguel Poiares Maduro ◽  
Benedita Menezes Queiroz
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
National Level ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
The Eu

The rule of law is under threat in the European Union. Systemic violations of fundamental rights are affecting the rule of law, democracy, and judicial independence in some Member States and consequently the EU legal order. The level of interdependence between the Member States and the EU legal order is such that systemic violations of those principles in the Member States end up impacting on EU compliance with the same principles. Article 7 TEU did not prove, however, to be the most effective tool to face these problems due to its political nature. The EU’s intervention in the form of infringement actions to safeguard the rule of law at the national level may be a suitable action to address some these serious violations of fundamental rights. Despite of the earlier hesitation to take a bolder action in this regard, the EU Commission, after the Court of Justice’s recent decisions in Associação Sindical dos Juízes Portuguese and LM, brought infringement proceedings against Poland challenging this country reforms that put into question the independence of its judiciary. The Court established its power of judicial review over the rule of law in the Member States in C-619/18 Commission v Poland. Ultimately, this decision highlighted the role of EU law in safeguarding the rule of law in its Member States, but more importantly in safeguarding the rule of law in the EU legal order as a whole.

scholarly journals FROM SPECIALITY TO A CONSTITUTIONAL SENSE OF PURPOSE: ON THE CHANGING ROLE OF THE OBJECTIVES OF THE EUROPEAN UNION

2014 ◽  
Vol 63 (4) ◽  
pp. 935-962 ◽  
Author(s):  
Joris Larik
Keyword(s):  
European Union ◽  
Common Good ◽  
Legal Order ◽  
The European Union ◽  
The Common ◽  
The One ◽  
And Function ◽  
Changing Role ◽  
The Eu

AbstractAfter the Lisbon Treaty, the objectives of the European Union are more numerous and ambitious than ever. But what is their importance and function within the ‘thickening’ legal order of the EU? Combining insights from both the law of international organizations and comparative constitutional law, the article traces the diverging role of objectives for, on the one hand, a traditional international organization marked by the principle of ‘speciality’ and, on the other, a maturing legal order increasingly exhibiting ‘constitutional’ traits. It argues that in the case of the EU, objectives and competences have developed into two related but distinct norm categories. While objectives serve to bolster arguments to shape such powers, they no longer represent a rationale in their own right for founding competences. The EU no longer justifies its existence solely by striving for a particular set of goals. Rather, these norms represent an entrenched duty to pursue these objectives through the actors, structures and procedures available, regardless of the Union's ultimate form (finalité). Today, the EU stands for certain values and has been endowed with powers, the exercise of which is guided by promoting these various aspects of the ‘common good’.

TERRITORIAL COHESION POLICY IN THE CONTEXT OF EU REGIONAL SECURITY

2019 ◽  
Vol 18 (Vol 18, No 4 (2019)) ◽  
pp. 439-453
Author(s):  
Ihor LISHCHYNSKYY
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Regional Security ◽  
The European Union ◽  
Cohesion Policy ◽  
Cross Border ◽  
Territorial Cohesion ◽  
Interregional Cooperation ◽  
The Eu

The article is devoted to the study of the implementation of territorial cohesion policy in the European Union in order to achieve a secure regional coexistence. In particular, the regulatory and institutional origins of territorial cohesion policy in the EU are considered. The evolution of ontological models of cohesion policy has been outlined. Specifically, the emphasis is placed on the key objective of political geography – effectively combining the need for "territorialization" and the growing importance of networking. The role of urbanization processes in the context of cohesion policy is highlighted. Cross-border dimensions of cohesion policy in the context of interregional cooperation are explored. Particular emphasis is placed on the features of integrated sustainable development strategies.

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