scholarly journals PECULIARITIES OF DEVELOPMENT OF LEGISLATION ABOUT THE PROTECTION OF COMPETITIVENESS IN FRANCE

2021 ◽  
Vol 15 (1) ◽  
pp. 10-14
Author(s):  
S. S. Tatarinova
Keyword(s):  
European Union ◽  
Antitrust Policy ◽  
Eu Law ◽  
The European Union ◽  
Stages Of Development ◽  
The Impact

The article considers the specifics of occurrence and the basic stages of development of the legislation on protection of competition in France. The author reveals the impact of socio-economic and political aspects in the formation of antitrust policy. France, as a state member of the European Union, subject to the rules of supranational law, the analysis of which is paid special attention. The author concludes about the growing influence of EU law over national law of France, including in the sphere of protection of competition.

The Impact of the Court of Justice of the European Union on Neighbouring Countries

2020 ◽  
pp. 349-396
Author(s):  
Arie Reich ◽  
Hans-W. Micklitz
Keyword(s):  
European Union ◽  
A Priori ◽  
Policy Recommendations ◽  
Eu Law ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
The Many ◽  
The Impact ◽  
Legal Integration

The concluding chapter sums up the overall findings of the project through three different strands of analysis: the first breaks down the eleven jurisdictions into three groups based on the relative quantity and impact of Court of Justice of the European Union (CJEU) citations found in these jurisdictions. By drawing conclusions from all the country reports through a comparative and macro-perspective, the goal is to distil the insights of the entire project and formulate policy recommendations in the light of EU external policy and legal integration objectives vis-à-vis its neighbourhood; the second examines the many factors that a priori could have an impact on whether judges are likely to cite the CJEU in their judgments, and then discusses what the research has found in relation to the actual role played by these factors; the third tries to place the current project into the context of overall research on the global reach of EU law, which can be ‘exported’ to non-members of the EU through various mechanisms, such as mutual and formal agreement or through more unilateral and spontaneous forms. They include modes of extraterritorial application of EU law, territorial extension, and the so-called ‘Brussels Effect’. The chapter concludes with some general observations and thoughts and formulates possible policy recommendations.

The Impact of the Court of Justice of the European Union on the Russian Legal System

2020 ◽  
pp. 143-172
Author(s):  
Paul Kalinichenko
Keyword(s):  
European Union ◽  
Legal System ◽  
Final Section ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
Russian Model

This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Russian legal system. To start with, this chapter includes a brief description of the background to the modern Russian legal system and, in particular, the structure of the Russian judiciary. The contribution goes on to describe the Russian model for approximating its legal order with EU rules and standards, as well as adding some remarks on the application of EU law by the Russian courts. Then follows an explanation of the specifics of the database used, together with a description and analysis of citation of CJEU decisions by Russian courts in the period 2006–18. Conclusions and recommendations are presented in the final section of the chapter.

The Impact of the Court of Justice of the European Union on the Turkish Legal System

2020 ◽  
pp. 115-140
Author(s):  
Ulaş Karan
Keyword(s):  
European Union ◽  
Legal System ◽  
Government Procurement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
System P ◽  
Underlying Causes ◽  
Accession Process ◽  
The Impact

This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.

6. The European Union and the environment

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Standards ◽  
Eu Law ◽  
The European Union ◽  
Law And Policy ◽  
The Impact ◽  
Different Sources ◽  
The Eu

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.

8. Enforcing EU law

2020 ◽  
pp. 205-239
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Member State ◽  
Indirect Effect ◽  
Similar Process ◽  
Eu Law ◽  
The European Union ◽  
Enforcement Action ◽  
Court Of Justice ◽  
State Liability ◽  
The Impact

This chapter addresses the Treaty's provisions on the enforcement of EU law, particularly looking at Articles 258–260 TFEU (Treaty on the Functioning of the European Union). The European Commission's enforcement action, known as ‘infringement proceedings’, is set out in Article 258 TFEU. If the Commission proves an infringement has occurred, the Court of Justice of the European Union (CJEU) will issue a binding verdict that requires the Member State to rectify the breach: in other words, to amend its domestic laws until they are compliant with EU law. Article 260 TFEU makes clear, however, that the CJEU can only order ‘compliance’. Article 259 sets out a very similar process, rarely used, for Member State v Member State infringement proceedings. The chapter then considers the CJEU's development of the principles of direct and indirect effect and state liability, and explores the remedies for breaches of EU law. It also assesses the impact of Brexit on the enforcement of EU law.

scholarly journals The Europeanisation of Slovak Political Parties

2015 ◽  
Vol 15 (1) ◽  
pp. 31-58 ◽  
Author(s):  
Dušan Leška
Keyword(s):  
European Union ◽  
Political Parties ◽  
Party System ◽  
Party Competition ◽  
The European Union ◽  
Stages Of Development ◽  
Association Agreement ◽  
Government Relations ◽  
Before And After ◽  
The Impact

Abstract The aim of the study is to analyse the Europeanisation of Slovak political parties in the various stages of the transition and transformation of the political system of Slovakia before and after the entry into the European Union. Methodologically, the paper is based on the concept of Ladrech, who divided five areas of research to suit the study of the impact of the Europeanisation on political parties and their politics. Visible can be changes in political programmes, organisational changes, a formula of party competition, relations between parties and government, relations beyond the national party system (a new look at transnational cooperation between political parties). Our research proved that the Europeanisation has been visible at all stages of development, with varying degrees of intensity and in various forms since the signing of the association agreement with the European Union. Its effect was important already in the stage of the society transition when it helped the return of Slovakia on the path of democratic development. In the two stages of development, Europeanisation created an individual line of cleavage of political parties, affected the rivalry of political parties, and thus a party system model. Unambiguously, it was reflected in political programmes of all parties, and an important role was played by the incorporation of political parties in the European political parties, by their cooperation and coordination of their policies. The election in the European Parliament was an important turning point in completion of programme orientations of political parties.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

Part II The Treaty-Makers, 6 Who Can Make Treaties? The European Union

2020 ◽  
Author(s):  
Cremona Marise
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
International Treaty ◽  
Multilateral Agreements ◽  
International Responsibility ◽  
The Impact ◽  
Mixed Agreements ◽  
The Eu

This chapter examines the EU’s robust and complex treaty-making. The first section deals with the EU’s treaty-making capacity from the perspective of EU law, and then of international treaty practice. It examines the ways in which international treaty-making practice has accommodated EU participation in bilateral and in multilateral agreements. The second section discusses the legal effects of treaties concluded by the EU, first as regards the EU legal order, including their enforcement and interpretation by the Court of Justice of the European Union and the legal effects of mixed agreements. A discussion of the impact of EU treaty-making on the powers of the Member States follows: through the doctrines of exclusivity and pre-emption, the impact of EU law on treaties concluded by the Member States, and finally EU treaty-making from the perspective of international responsibility.

The European Union, Fisheries and ‘Due Regard’ in the EEZ: Some Reflections

2019 ◽  
Vol 34 (1) ◽  
pp. 89-96
Author(s):  
Frederik Naert
Keyword(s):  
European Union ◽  
Arctic Ocean ◽  
Marine Protected Areas ◽  
Eu Law ◽  
The European Union ◽  
Central Arctic Ocean ◽  
The Third ◽  
Institutional Settings ◽  
The Impact ◽  
The Eu

Abstract This contribution addresses some particular aspects of fisheries and some specificities of the European Union (EU) in this field. The first section explains how institutional settings in the framework of which all states concerned can discuss mutual rights and obligations, including the ‘due regard’ obligation in the exclusive economic zone (EEZ), have been established in the field of fisheries. The second section presents two examples of situations in which the ‘due regard’ obligation has given rise to discussion: the negotiations on an Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and discussions on Marine Protected Areas and other similar areas. In the third section, a few issues that are particular to the EU are identified, including the competences transferred to the EU and their external exercise by the EU and the impact of EU law on relations between Member States in their respective EEZs.

Why is the Köbler Principle Not Applied in Practice?

2016 ◽  
Vol 23 (6) ◽  
pp. 984-1008
Author(s):  
Zsó;fia Varga
Keyword(s):  
European Union ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Supreme Courts ◽  
Effective Application ◽  
Actual Role ◽  
Court Of Justice ◽  
State Liability ◽  
The Impact

Since the judgment of the Court of Justice of the European Union (CJEU) in Köbler, there has been speculation that state liability for violation of EU law by national supreme courts might remain mere theory. However, more than a decade after the CJEU judgment, there is no study available to confirm or disprove this assumption. This article seeks to fill this gap by providing an analysis on the practice and the impact of the liability principle. According to the research conducted, only about 35 Köbler actions have been reported over the last 13 years from all of the 28 Member States, of which only four have been successful. This article investigates why this enforcement deficit of the liability principle can be observed. Therefore, the article examines the main limitations to the effective application of the Köbler doctrine in order to understand their actual role in hindering the establishment of liability and the allocation of damages. In this context, it also examines whether, and to what extent, the liability principle has contributed to the protection of individual rights and the effective application of EU law over the last thirteen years.

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