scholarly journals Free Trade versus Democracy and Social Standards in the European Union: Trade-Offs or Trilemma?

2019 ◽  
Vol 7 (4) ◽  
pp. 291-300 ◽  
Author(s):  
Claudia Wiesner
Keyword(s):  
European Union ◽  
Free Trade ◽  
The European Union ◽  
Negative Effects ◽  
Theoretical Terms ◽  
National Sovereignty ◽  
Goods And Services ◽  
Social Standards ◽  
Trade Offs ◽  
The Eu

This article aims at conceptualising, in analytical as well as normative-theoretical terms, the tensions between free trade, democratic and social standards, and national sovereignty that are named in Dani Rodrik´s “globalisation trilemma” for the case of the European Union (EU). It is argued that the trilemma concept is much more fitting to the EU than a simple trade-off concept. This model offers a conceptual path to both analysing existing tensions and thinking of resolving them: a) the EU has, indeed, been intervening into national democracies and national sovereignty as its legislation is superior to national legislation; b) EU legislation and judgements of the Court of Justice of the EU have been reducing national social standards; c) executives and numerous new institutions and agencies with indirect legitimation have taken over competencies that formerly lay in the domain of national directly legitimated legislatives; and d) these negative effects relate to the EU’s giving preference to the liberalisation of free trade of capital, goods and services over democracy, social standards, and national sovereignty. Against the framework of the globalisation trilemma, analysis is combined with normative-theoretical judgements on the quality democracy of the setting that has been found and a conceptual discussion. The article concludes by discussing the perspectives of the setting examined and the possible paths to solutions, arguing that in order to keep a high level of economic integration, democracy, and social standards in the EU, national sovereignty needs to give way.

OPINION 2/15 OF THE CJEU: DELINEATING THE SCOPE OF THE NEW EU COMPETENCE IN FOREIGN DIRECT INVESTMENT

2018 ◽  
Vol 77 (1) ◽  
pp. 29-32
Author(s):  
Rumiana Yotova
Keyword(s):  
European Union ◽  
Foreign Direct Investment ◽  
Free Trade ◽  
Direct Investment ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

ON 16 May 2017, the Court of Justice of the European Union (CJEU) delivered its Opinion 2/15 concerning the competence of the EU to conclude the Free Trade Agreement with Singapore (EUSFTA) (ECLI:EU:C:2017:376). The Opinion was requested by the Commission which argued, with the support of the European Parliament (EP), that the EU had exclusive competence to conclude the EUSFTA. The Council and 25 of the Member States countered that the EUSFTA should be concluded as a mixed agreement – that is, by the EU and each of its members – because some of its provisions fell under the shared competence of the organisation or the competence of the Member States alone.

scholarly journals The “New” Environmental Policy Of The European Union: A Path To Development Of A Circular Economy And Mitigation Of The Negative Effects Of Climate Change

2016 ◽  
Vol 19 (2) ◽  
pp. 57-73 ◽  
Author(s):  
Zofia Wysokińska
Keyword(s):  
Climate Change ◽  
European Union ◽  
Environmental Policy ◽  
Circular Economy ◽  
Low Carbon ◽  
The European Union ◽  
Negative Effects ◽  
Low Carbon Economy ◽  
Carbon Economy ◽  
The Eu

This paper analyses the evolution of the new environmental policy of the European Union in the context of the efforts undertaken to moderate the negative effects of climate change. It describes all the activities in the European Union designed to implement new tools of the EU environmental policy, such as low carbon economy technologies, tools that improve the efficiency of managing the limited natural resources, the environmentally friendly transport package, etc. All of them are aimed at laying the foundations of the circular economy, which may also be referred to as a closed-loop economy, i.e., an economy that does not generate excessive waste and whereby any waste becomes a resource.

Criminalizing Waste Management Activities in Albania in the Light of the European Union Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 79-99
Author(s):  
Enkelejda Turkeshi
Keyword(s):  
European Union ◽  
Waste Management ◽  
Criminal Law ◽  
Legal Framework ◽  
Criminal Code ◽  
The European Union ◽  
Minimum Standard ◽  
Negative Effects ◽  
Illegal Waste ◽  
The Eu

Illegal waste management activities violate specific rules that aim at preventing or reducing the negative effects they may have on the environment and human health. For the purpose of providing a more effective protection of the environment, in many countries and since 2008 even at the European Union (EU) level, besides the relevant administrative offences, it is also provided for a specific criminal offence against environment concerning serious infringements of the waste management legislation. This paper examines the current legal framework in Albania concerning waste-related criminal offences, against the minimum standard set forth by the EU in the Directive 2008/99/EC on the protection of environment through criminal law. While the adoption of the new framework law on Integrated Waste Management in 2011 as part of Albania’s efforts in aligning its legislation to that of the EU, has been a positive step towards more stringent rules concerning waste management, thus helping in tackling the serious and constantly evolving problems that the country has been facing in this field for years, the paper suggests that certain amendments to the Criminal Code are also necessary, as the minimum standard of the EU requires that criminal law applies at least in the case of particularly serious infringements of the new waste management legislation. These amendments would increase the protection of the environment and further the alignment of the Albanian legislation with that of the EU, while the country is seeking to fulfill obligations for EU membership.

The eu-Vietnam Free Trade Agreement – A Successful Attempt to Protect Vietnam’s Environment While Pushing for Economic Integration?

2017 ◽  
Vol 14 (2) ◽  
pp. 208-222
Author(s):  
Heidi Stockhaus
Keyword(s):  
European Union ◽  
Free Trade ◽  
Economic Integration ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The European Union ◽  
The Past ◽  
Successful Attempt ◽  
Trade And Investment ◽  
The Eu

The new free trade agreement with the European Union will bring Vietnam’s economic integration to a new level once it enters into force. In the past, the associated economic growth has led to environmental deterioration due to inappropriate regulations and poor enforcement. Currently, environmental problems are visible everywhere and attract the attention of citizens as well as lawmakers. The new free trade agreement establishes a framework for sustainable development in the context of trade and investment. The relevant provisions aim to maintain Vietnam’s right to regulate for the targeted protection level, require the country to take measures to mitigate the pressure on the environment, and open the door for cooperation with the European Union. However, it remains to be seen, whether these provisions balance the risks associated with the increase in trade and investment through the free trade agreement.

scholarly journals The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

scholarly journals Is the Franco-German Relationship Still the Foundation Stone of the EU?

2021 ◽  
Vol 11 (2) ◽  
Author(s):  
Abigail Leblanc
Keyword(s):  
European Union ◽  
The European Union ◽  
National Sovereignty ◽  
Member States ◽  
Economic Interaction ◽  
History Of ◽  
Foundation Stone ◽  
The Eu

Since the signing of the European Coal and Steel Treaties, France and Germany have been linked as unlikely friends in Europe. This paper discusses the Franco-German relationship post WWII, defining the characteristics of a partnership that has defined the history of the European Union and has served as a foundation for peace and cooperation on a continent that has struggled to shake off constant war. This paper then analyzes the hypothesis that the Franco-German relationship is no longer the foundation stone of the European Union in two sections. First, this paper applies these characteristics of deepening integration, increased economic interaction and mutually beneficial cooperation to the present day EU and seeing whether they are still integral to interactions among member states. It then establishes the present day characteristics of the EU as ones of increased national sovereignty, as opposed to Franco-German methods of cooperation.

scholarly journals Implications of the Transatlantic Trade and Investment Partnership (TTIP) for Investment Flows Between the European Union and the USA

2017 ◽  
Vol 20 (3) ◽  
pp. 25-39
Author(s):  
Janina Witkowska
Keyword(s):  
European Union ◽  
Free Trade ◽  
Dispute Settlement ◽  
Free Trade Area ◽  
The European Union ◽  
Investment Protection ◽  
Transatlantic Trade ◽  
The Usa ◽  
Trade And Investment ◽  
The Eu

The Transatlantic Trade and Investment Partnership (TTIP) is a controversial subject, but at the same time it is perceived to be the most comprehensive international agreement on free trade and investment protection. Among the topics that evoke criticism on the part of different social groups is the investor‑state dispute‑settlement (ISDS), as well as its legal consequences for the EU Member states. A less discussed issue is the potential implications of the agreement on the state of economic co‑operation between the European Union and the USA in the field of investment flows, with special reference to foreign direct investment (FDI). The aim of this paper is to present the discussion related to the ISDS and examine some of the economic, political and legal implications of TTIP provisions for FDI flows between the EU and the USA. The proposals of the European Commission to change the investment protection system might be treated as an attempt to make the system of arbitrage more transparent and convincing to societies, and safer for states. The effects of the TTIP agreement for FDI between both partners might be dependent on the scale of trade creation and diversion effects, and the mirror effects of investment creation and diversion under a free trade area.

scholarly journals The Republic of Moldova and visa-free regime: Problems and solutions

2020 ◽  
Vol 16 (2) ◽  
pp. 225-250
Author(s):  
Vladimir A. Gutorov ◽  
◽  
Valeriu Mosneaga ◽  
Tatiana Turco ◽  
◽  
...  
Keyword(s):  
European Union ◽  
The European Union ◽  
Negative Effects ◽  
Republic Of Moldova ◽  
Security Environment ◽  
Recent Success ◽  
Problems And Solutions ◽  
The Republic ◽  
Economic Ties ◽  
The Eu

The article analyzes the visa-free regime of the Republic of Moldova within the framework of the CIS and the European Union. The main steps towards achieving the visa-free regime are reviewed. The authors investigate the process of implementing the visa-free regime with the European Union as a recent success of the Republic of Moldova. At the same time, the authors identify the positive and negative effects that accompany the introduction of the Republic of Moldova — European Union visa-free regime. A comparative analysis with other post-Soviet countries that have also obtained the visa-free regime (Georgia and Ukraine) is conducted. The authors note that a visa- free regime is an important tool that allows the EU to regulate relations with third countries. This regime provides important benefits for citizens and strengthens social, cultural, and economic ties between the EU and its partners. At the same time, the visa-free regime holds it responsible for maintaining the progress achieved in the framework of the visa liberalization dialogues and for ensuring a well-managed migration and security environment. The article makes wide use of statistical and sociological data as well as analytical and empirical materials.

scholarly journals Digital Single Market: Europe in the race for IT services market leaders

2019 ◽  
Vol 27 (4) ◽  
pp. 679-692
Author(s):  
Vera A. Krasavina
Keyword(s):  
European Union ◽  
Large Scale ◽  
Rapid Development ◽  
Maximum Growth ◽  
Single Market ◽  
The European Union ◽  
It Services ◽  
Electronic Trade ◽  
Goods And Services ◽  
The Eu

The paper considers the process of digital transformations within the framework of creating a Digital Single Market in the European Union. The author uses standard tools to identify strategic areas in which the transformation of the European market takes place. The importance and relevance of the development of the digital economy for the countries of the European Union in the context of the deepening globalization process and the rapid development of information technology is emphasized. In the framework of stimulating the economies of the EU countries, as well as with the aim of improving the quality of educational, medical services and solving other social problems - creating a single information market without geographical barriers, simplifying and standardizing Internet trade laws throughout the EU, ensuring a favorable legal and tax environment to expand the electronic trade in goods, services, technologies, become paramount tasks. The paper analyzes the key areas on which the creation of Digital Single Market is based: facilitating the access of consumers and businesses to goods and services via the Internet throughout the European Union; creating favorable conditions for the development of digital networks and services and promoting the maximum growth of the potential of European digital economics. It is shown that during the transformations in some areas, certain successes have already been achieved: the abolition of roaming, the increase in the volume of online trade in goods and services, the cross-border portability of digital content, including the successful coordination of the use of the 700 MHz band for the large-scale implementation of 4G broadband communications, which will further facilitate the deployment of networks 5G in 2020.

scholarly journals The Effects of trademarks on franchising

2018 ◽  
Vol 2 (1) ◽  
pp. 89-97
Author(s):  
Martin Daňko ◽  
Petra Žárská
Keyword(s):  
European Union ◽  
Single Market ◽  
Economic Aspects ◽  
The European Union ◽  
Goods And Services ◽  
Special Place ◽  
The Eu

The authors of the paper discuss the use of a legal institute of trademark in a franchise business concept. Besides addressing the economic aspects, the relevant institute is mostly analysed from the perspective of the needs of the EU Single Market and in the light of Brexit. In the article is devoted special place to the European Union Trademark (EUTM), where the author examines the most appropriate means of designation of goods and services in franchising within the territory of the EU.

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