scholarly journals The Single Domestic Arms Market in the EU: The Reality and Prospects

2021 ◽  
Vol 1 ◽  
pp. 23-27
Author(s):  
Vitaliy Yu. Slepak ◽  

The article deals with basic aspects of application of EU single market rules to arms trade. In particular the author analyses main barriers to free movement of firearms and other types of weapon in inter-EU trade. The author comes to conclusion that the most effective way to cope such obstacles is a harmonization of Member-States legislation on arms trade at EU level. Current EU secondary legislation seeks to eliminate a threats arising from free movement of arms which makes Member States to close national arms markets for foreign goods in order to protect national security. Doing so the EU uses already existing standards of functioning of internal market and at the same time establishes in its secondary legislation legal guaranties providing the same level of security protection in all Member States. Th us importing and exporting Member States are assured that in both states the same EU security standards are observed and as a rule there is no need to apply national norms to protect security and public order.

Author(s):  
Igor Merheim-Eyre

Igor Merheim-Eyre examines an area where EU values and interests appear to be currently in real tension – migration. Once again, while the EU institutions themselves may wish to promote values, individual member states are protecting their interests. He examines the ways in which the development of the single market and internal free movement has led to the need for greater control of the EU’s external borders. In this context the neighbours are seen as having a responsibility to help protect the EU from migration from further afield. In acquiescing in this they are promised visa-free access. We see the application of conditionality by the EU, referred to in several chapters, used not to just to promote norms and values but to defend the EU’s security interests. The EU may wish Turkey to be EU-ised but more immediately it needs Turkey to stop migration into the EU from Syria.


2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 55-73
Author(s):  
Joanna Ryszka

The principle of proportionality in the EU legal order applies, among others, to actions taken by Member States in the situation where they are willing to use, permitted by the EU law, derogation from its provisions, in particular – in the area of internal market freedoms. Derogation from those freedoms will not be justified if it is not absolutely necessary. National regulations must therefore be proportionate to the objective that these restrictions are to protect. With respect to the free movement of persons, as an example of these goals, the protection of fundamental rights could be mentioned. It is vitally important for the realization of an internal market due to the existence of interesting interactions occurring between them and specific ways of applying the principle of proportionality when they collide with each other.


2021 ◽  
Vol 25 (1) ◽  
pp. 63-83
Author(s):  
Adam A. Ambroziak ◽  

The COVID-19 pandemic has been an extraordinary event for the EU Member States and a period wherein EU legislation and the efficiency of EU institutions have been put to the test. The crisis triggered by the decisions made by governments in Europe (which were motivated by their wishes to protect the health and lives of their peoples and to satisfy the rapid demand for drugs, personal protective equipment, and medical devices) disrupted market forces. Although most of these measures were based on both domestic and EU legislation, they seriously hindered the smooth functioning of the EU Single Market, including the free movement of goods. This paper aims to find out whether EU legislation succeeded in coping with the challenges triggered by COVID-19 in the field of international trade and whether measures taken by the European Commission with a view to complying with the rules of the EU Single Market adequately took care of the needs stemming from the COVID-19 outbreak and whether it properly tackled protectionist instruments adopted by the Member States. We have focused on international trade and the free movement of goods within the EU as they both constitute the cornerstone of EU economic integration. We found that although EU legislation was not tailored specifically for the times of a COVID-19 pandemic, in the area of international trade (including intra-EU trade), as well as in the field of placing goods on the market, it provided extraordinary solutions. Apparently, the explanations and guidelines provided by the Commission have limited the scope of individual protectionist and interventionist actions of the Member States.


Competitio ◽  
2005 ◽  
Vol 4 (2) ◽  
pp. 7-12 ◽  
Author(s):  
Alexandre Lamfalussy

It is a mild understatement that nowadays the EU is navigating in rough waters. Close to half of the member countries of the Euro area are in breach of their fiscal stability commitment – and some of them very substantially. Quite a few heads of government publicly criticise the ECB’s monetary policy. Germany and France are determined to water down the Bolkenstein directive on the implementation of a genuine single market for services (which amount to about two-thirds of the EU’s GDP), to which, incidentally, no major objections had been raised by the governments of the member states during the drafting stage. There is no agreement on the longer term EU budget. Only Ireland, the UK and Sweden accept the free movement of the residents of the ten countries which became members of the EU in May last year.


2020 ◽  
pp. 90-120
Author(s):  
Matthew J. Homewood

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.


Author(s):  
Matthew J. Homewood

This chapter discusses the law on the free movement of goods in the EU. Free movement of goods is one of the four ‘freedoms’ of the internal market. Obstacles to free movement comprise tariff barriers to trade (customs duties and charges having equivalent effect), non-tariff barriers to trade (quantitative restrictions and measures having equivalent effect), and discriminatory national taxation. The Treaty on the Functioning of the European Union (TFEU) prohibits all kinds of restrictions on trade between Member States. Article 30 (ex Article 25 EC) prohibits customs duties and charges having equivalent effect; Article 34 (ex Article 28 EC) prohibits quantitative restrictions and all measures having equivalent effect; and Article 110 (ex Article 90 EC) prohibits discriminatory national taxation.


Author(s):  
Catherine Barnard

The chapter considers Brexit and the EU internal market. Barnard emphasizes the role that the UK played in creating the EU internal market and examines the view that its four freedoms—free movement of goods, services, capital, and people—are indivisible. The decision of the UK to leave the EU has paradoxically contributed to entrench the view that the four freedoms are indivisible. This reduces the possibility for the UK to maintain access to the EU single market after Brexit—a fact acknowledged even by the UK government. However, the EEA model might be the best solution for the UK post-Brexit, reflecting UK citizens’ demands, and also in the interest of the EU. Nevertheless, the withdrawal of the UK may strengthen protectionist trends within the EU. Moreover, Barnard emphasizes that Brexit poses challenges for the UK internal market, which the Great Repeal Bill will need to address.


Buildings ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 17
Author(s):  
Belinda Brucker Juricic ◽  
Mario Galic ◽  
Sasa Marenjak

This paper reviews the recent literature on skill and labour shortages in the labour market with special emphasis on the construction sector in the European Union Member States, foreseeing the Construction 4.0 era. The free movement of people is one of the rights of all citizens of the EU which also includes the free movement of workers. Labour shortages in the EU are expected to increase in the future due to a declining population and an ageing workforce. In order to recognize and forecast labour shortages, EU Member states use a variety of instruments but they do not answer as to whether it is possible to use migrant labour to appease those shortages. There are several systems used to classify labour shortages in the EU Member states. Most of the countries classify labour shortages in relation to different sectors or occupation groups as well as by skill levels, but in some Member States, classification is made according to the type of employment. Instruments used to measure labour shortages significantly differ from country to country. Several criteria are used for creating lists of shortage occupations and most of the criteria include demand side and supply side criteria. A majority of the Member States are facing labour and skill shortages in various sectors and the construction sector is not an exception. As total employment in the construction sector decreased, so did the share of employed migrants. Labour shortages in the construction sector can be eased by the availability of a labour supply willing to accept unqualified and low-paying jobs. The construction sector seeks low-, medium-, and high-skilled individuals and is most likely the sector where most of the incoming migrants will be working, which has an impact on the development and implementation dynamic of Construction 4.0.


2021 ◽  
pp. 180-223
Author(s):  
Richard Whish ◽  
David Bailey

This chapter discusses the main features of Article 102 of the Treaty of Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by discussing the meaning of ‘undertaking’ and ‘effect on trade between Member States’ in the context of Article 102. It then considers what is meant by a dominant position and looks at the requirement that any dominant position must be held in a substantial part of the internal market. Thereafter it discusses some general considerations relevant to the concept of abuse of dominance, followed by an explanation of what is meant by ‘exploitative’, ‘exclusionary’ and ‘single market’ abuses. It then discusses possible defences to allegations of abuse, and concludes by considering the consequences of infringing Article 102.


Author(s):  
Angelo Marletta

The European Union (EU), as unprecedented institutional and polity project, is responsible for the fulfilment of a set of policy goals that go beyond the mere sum of the interests of its Member States. The establishment of an ‘area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to . . . the prevention and combating of crime’ is probably one of the most demanding goals of the integration process, whose fulfilment requires commitment to coherent action on several levels: vertically, between the EU and the Member States, through incorporating the implementation of the Treaty objectives in the development of their respective criminal policies, and horizontally, between the Member States themselves, by developing mutual trust.


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