scholarly journals New Perspectives For Tourism In European Union Law

Author(s):  
Antonio Villanueva-Cuevas

Tourism is the largest industry in the European Union. Its importance as an economically, socially and culturally cohesive element for the entire continent is indisputable. Still, attention from the European Union was late in coming, and has been based on measures that have been adapted from other local policies that are indirect influences on tourism. This has meant that the intervention of the EU in this sector has been partial, limited and at times, ineffective. The reason can be traced to the lack of a sufficient number of legal powers that were able to outline a common European policy in the Constituent Treaties. The Treaty of Lisbon has managed to fill in this void by providing legal support to a new set of European Union actions on this matter, whose development depends on whether or not Europe is capable of responding to the challenges faced by the tourism sector.

2011 ◽  
Vol 15 (5) ◽  
pp. 105-112
Author(s):  
Antonio Villanueva-Cuevas

Tourism is a very important economic sector within the European Union, while also playing a key role in political, social and cultural integration. Nevertheless, the EU took a late interest in this sector, beginning only in the 1980s. Starting then, EU intervention in matters of tourism began to pass through a series of phases, during which EU performance was alternately more or less intense. A study of these phases reveals the consequences of a certain inefficiency as a result of the lack of sufficient legal support in the European Constitution for the development of a real EU policy in this sector. With the arrival of the 21st century, and as new EU powers in matters of tourism have been incorporated into the Lisbon Treaty, performance by the European Union in the tourism sector has changed its perspective, putting quality and competitiveness within reach through sustainability in the sector, a basic element of performance in matters of tourism.


2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.


2021 ◽  
Vol 58 (1) ◽  
pp. e72661
Author(s):  
Ariadna Ripoll

This conclusion to the special issue reflects on the evolution of European integration since the early 1990s in order to better understand the contested origins of the Treaty of Lisbon and the consequences the latter have had for the EU’s political system. It considers the various contributions of the special issue and shows how the Treaty emerged in an era of shifting cleavages, disputed steps towards a more political Union and rising populism. This legacy has led to more polarisation and politicisation – a phenomenon that the Treaty of Lisbon struggles to encapsulate and conciliate with the culture of consensus and compromise inherent to its institutional structures. As a result, we observe a bias towards policy stability – and even failure – that affects the legitimacy and democratic standards of the European Union. In a context of polycrisis, the difficulty to find compromises – especially in highly normative issues – leads to the de-politicisation of the EU and reinforces the gap between EU institutions and its citizens. The COVID-19 pandemic is a window of opportunity for the EU, in which to choose between integration and disintegration; between values and inaction.


2021 ◽  
Author(s):  
◽  
James Gallagher

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>


Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.


2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.


Author(s):  
Ian Bache ◽  
Simon Bulmer ◽  
Stephen George ◽  
Owen Parker

Politics in the European Union examines the theory, history, institutions, and policies of the European Union. The EU is a unique, complex, and ever-changing political entity which continues to shape both international politics and the politics of its individual member states. The text provides a clear analysis of the organization and presents a well-rounded introduction to the subject. Complete and detailed in its coverage, with a consolidated and updated history section, this text weaves together material on key contemporary concerns including the eurozone crisis and the implementation of the Treaty of Lisbon with a thorough consideration of the workings and remit of the EU.


Author(s):  
Simon Bulmer

The Federal Republic of Germany (FRG) was a founder member of the European integration process, namely the European Coal and Steel Community (ECSC) created in 1952. However, the circumstances were very different from the 2010s. Germany was a divided and defeated state until 1990. Integration provided important political and economic support to West Germany. From the 1970s, it strengthened the FRG’s foreign policy reach, for the new state was constrained by Cold War politics as well as other legacies, notably the Holocaust. European integration provided a framework for building trust with western neighbors, particularly France. The collapse of the German Democratic Republic (GDR) in 1989 and its absorption into the FRG through unification in 1990 brought about significant change to Germany’s relationship to European integration. The unified Germany became the largest member state. Initial concerns about German power in Europe were allayed by Chancellor Helmut Kohl pursuing deeper integration to bind the unified Germany further to integration: through creating the European Union (EU) itself and setting a course toward monetary union. Specific concerns about German power only really emerged in the 2010s, as the EU was bedeviled by several crises. In seeking to offer a comprehensive understanding of Germany’s relationship with the EU, coverage is organized around four broad themes: the historical dimension of the relationship; the substance of Germany’s European policy; the sources of Germany’s European policy; and Germany’s role and power in the EU. The historical dimension of Germany’s relationship with European integration is important as a first theme. It is no exaggeration to suggest that European integration helped emancipate the FRG from the historical legacy of turbulent relations with France, Nazi tyranny, and the opprobrium of the Holocaust. European integration afforded a complementary framework for Germany’s political and economic order. The importance of embedding German unification in a context of European integration should not be underestimated. Germany’s European policy has displayed considerable consistency up to the contemporary era. Support for further integration, for enlargement, the market order, and the development of an EU “civilian power” have been key components. These policies are important contributors to understanding Germany’s role in the EU: the second theme. The political and economic system of the FRG forms an important backdrop to understanding Germany’s policy and role in the EU: the third theme. From the 1960s until the 2010s, EU membership was subject to cross-party consensus and permissive public support. These circumstances allowed the federal government autonomy in pursuing its European policy. However, the political climate of European policy has become much more contested in the 2010s. Germany’s role was placed in the spotlight by the succession of crises that have emerged within the EU and in its neighborhood in the 2010s, particularly the eurozone and migration crises. The fourth theme explores how the question of German power re-emerged. These four themes are important to understanding Germany’s role in the EU, especially given Berlin’s centrality to its development.


2019 ◽  
Vol 4 (1) ◽  
pp. 147-177
Author(s):  
Sahra Arif

The Achmea judgment of the Court of Justice of the EU (CJEU) found that arbitration clauses in bilateral investment treaties (BITS) between Member States of the European Union are incompatible with European Union law. Following this, Member States attempted to invoke this judgment in relation to similar intra-EU arbitrations under the Energy Charter Treaty (ECT). Tribunals established under the ECT have however generally rejected the applicability of the Achmea judgement. While the EU Commission and the majority of Member States concluded that this judgment also precludes intra-EU ect arbitrations, a few Member States held the opposite view. The future of intra-EU ECT arbitrations therefore seems fragile in the least. A closer analysis of the decisions of ECT Tribunals, and the relationship between obligations under European Union law and international law however argues that the future of such intra-EU ECT arbitrations is not as fragile as it may seem.


Author(s):  
N. Mushak

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.


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