scholarly journals Legal Policy for Sports Law in the EU

2008 ◽  
Vol 11 (4) ◽  
pp. 31-46 ◽  
Author(s):  
Dimitrios P. Panagiotopoulos
Keyword(s):  
2019 ◽  
Vol 63 (3) ◽  
pp. 492-506 ◽  
Author(s):  
Olof Larsson ◽  
Daniel Naurin

AbstractThe European Union (EU) offers an example of deep judicialization, where highly salient political values are adjudicated on a regular basis. In such contexts, political attention may shift from national sovereignty costs (the vertical dimension) to distributive conflicts within and between states (the horizontal dimension), creating a multidimensional legal policy space. We discuss the implications of this setting for judicial behavior and argue that it may create both opportunities and pitfalls for international judges, depending on how the dimensions are related. If the institutional interests of judges in promoting international law systematically favor some states over others on the horizontal dimension, judicial activism is likely to provoke feedback effects in the form of severe legitimacy problems. If the dimensions are unrelated, on the other hand, adjudicators become further empowered. We draw on a large dataset to show how the Court of Justice of the EU has been able to use divisions between states on the left-right dimension to enhance the legitimacy and autonomy of European law.


Author(s):  
Jacek Zieliński

The necessity of the single migration- and terrorism-related legal policy development within the European Union is undisputed. It may turn out, however, that measures taken would not bring any improvement unless the priorities within such values as equality, respect for diversity, free movement of persons, solidarity and citizens’ security are previously established, sometimes – with a new content. The Author takes the position that the values considered now to be the core of the EU existence and its key achievement can underpin its disintegration. The escalation of migration stimulates centrifugal destructive movements reflected in the increasing impact of the renationalisation philosophy of thinking about Europe on the Community solidarity, fossilisation of social moods and expectations, growing popularity of right-wing parties. All these, in consequence, foster the fossilisation and restrictiveness of law. It is related in part to the fear of globalisation and in part to the excessive regulations at the macro level, therefore to the breach of self-identification security that is getting more and more apparent nowadays. From that perspective, the separation of the contradictions that have arisen between the basic EU values as regards providing single legal policy in the migration area seems to be cognitively valuable. Another issue is to answer the question how this wave of refugees has escalated and whose interest is currently in the destabilisation of Europe. The question is all the more important that the refugees are not heading towards other culturally closer Islamic countries or the USA but the pillar-states of the EU. Vienotas ar migrāciju un terorismu saistītas tiesiskās politikas nepieciešamība Eiropas Savienībā ir neapstrīdama. Tomēr var izrādīties, ka veiktie pasākumi neradīs nekādu uzlabojumu, ja vien kā prioritātes netiks izvirzītas tādas vērtības kā vienlīdzība, cieņa pret dažādību, personu brīva pārvietošanās, solidaritāte un iedzīvotāju drošība, kas jau ir paredzētas, dažreiz – ar jaunu saturu. Autors pauž nostāju, ka vērtības, kas šobrīd ir ES pastāvēšanas kodols un tās galvenais sasniegums, var veicināt tās sabrukumu. Migrācijas eskalācija stimulē destruktīvas centrbēdzes kustības, kas atspoguļojas pieaugošā ietekmē uz renacionalizācijas filozofiju, domājot par Eiropas Kopienas solidaritāti, sociālo noskaņu un vēlmju fosilizāciju, labējo partiju pieaugošo popularitāti. Tas viss var veicināt likuma fosilizāciju un modifikāciju, turklāt tas daļēji ir saistīts ar bailēm no globalizācijas un ar pārmērīgajiem noteikumiem makrolīmenī, līdz ar to pārkāpjot pašidentifikācijas drošību. No šī viedokļa raugoties, pretrunu, kas radušās starp galvenajām ES pamatvērtībām un attiecībā uz vienotu tiesisku politiku migrācijas jomā, nodalīšana ir neapstrīdami nepieciešama. Vēl viens jautājums, kas prasa atbildi, ir: kādēļ šis bēgļu vilnis ir eskalējies un kā interesēs pašlaik notiek destabilizācija Eiropā? Un kāpēc bēgļi nedodas uz citām kultūras ziņā tuvākām islāma valstīm vai ASV, bet gan tieši uz Eiropu?


2013 ◽  
Vol 11 (3) ◽  
pp. 601-614 ◽  
Author(s):  
Matjaz Nahtigal

The ongoing European crisis has revealed many deficiencies in the existing European institutional architecture. One of the crucial deficiencies is the unsustainable European regional disparity between the most developed European regions and those regions that are falling behind—a gap that is growing. This pattern of development creates an unsustainable pattern for the future development of the EU. The gap between the advanced segments of society with access to up-to-date knowledge, skills, technology, capital, and other resources and the excluded segments of society is also growing within the advanced European regions. Such observations indicate the need for far stronger anti-dualist economic, social, and legal policy at all levels of European polity. The EU’s response to the crisis has been inadequate as it has ignored the diversity of needs as well as opportunities for local and regional populations across the EU. Instead of focusing the economic, social, and legal reconstruction on a “one size fits all” model imposed from the top, the EU should spur local and regional innovations, initiatives, and development dynamics from below. Thus, in the EU, we need more policy space as well as more opportunities for economic, legal, social, and political innovations at the local, regional, and national levels. We need to create an EU that supports—not suppresses—diversity, sustainability, plurality, and the co-existence of institutional models. The idea of subsidiarity, diversity, and initiatives from below should be revived in order to create a more sustainable future for the EU.


2009 ◽  
Vol 10 (4) ◽  
pp. 335-360 ◽  
Author(s):  
Christian Joerges

“Sozialstaatlichkeit”is a collection of essays dedicated to the author ofNegative Freiheitsrechte und gesellschaftliche Selbstorganisation? Reflections on the survival of welfarism in the postnational constellations after his analyses of globalisation and Europeanisation? Affirmative references to the Discourse Theory of Law and Habermasian notions of Proceduralisation at all levels of governance against “Proceduralisation and its use in a post-modern legal policy?” “Are you trying to deliver something like an Anti-Ladeur.” No, neither Sisyphus nor Hercules, let alone Friedrich Engels, has inspired this essay. Its argument should rather be observed in the spirit of conflict-of-laws,i.e.of a discipline which accepts as a normative fact that different academic projects may be worthwhile despite of, or even because of, the differences of their premises and of the logics of their development, which may be inspired by complementary perceptions of a commonproblématque.


2021 ◽  
pp. 74-82
Author(s):  
Marina Haustova

Problem setting. The article analyzes that in the XXI century. the category of “legal policy” is being actively formed, which reflects a multifaceted reality: ways of legal development of society, modernization of the country’s legal system, processes of law optimization. It is emphasized that this category and its priorities and goals began to be developed in a new format after the independence of Ukraine and the gradual definition of the main vector of its development – integration into the European community. The idea of European integration is a conscious and natural strategic choice of Ukrainian society, confirmed by many trials. In this situation, the state leadership must continue to shape its own legal policy as an important component of public policy, a means of consolidating and ensuring the political course of the country, sanctioned by the will of the people, reflected in the activities of government. Analysis of recent researches and publications. Theoretical developments of the principles of legal policy were initiated in the scientific works of domestic and foreign lawyers of the late 19th – early 20th century: B. Kistyakovsky, M. Korkunov, S. Muromtsev, L. Petrazhitsky, G. Shershenevich etc., who considered this policy as an applied science designed to promote the development of better law. Among the scientific areas of legal science of the XXI century. The problem of legal policy occupies one of the leading places, which is justified, as with the help of legal policy many different problems are solved. This phenomenon was actively analyzed by such researchers as V. A. Rudkovsky and A.P. Korobova, I. O. Kresina, A. V. Malko, I. V. Yakovyuk and others. Target of research. The purpose of the article is a comprehensive study of the concept of legal policy and analysis of the content and terminology. Article’s main body. The article analyzes the concept of modern legal policy of Ukraine, its priority goals and objectives in the context of the adopted Association Agreement and, accordingly, the commitments accepted. Relevant Strategies, state bodies, scientific institutions have been identified, which are obliged to carry out a certain amount of actions for the further integration of Ukraine into the European Union within the limits of their powers. The ways of further improvement and modernization of the Ukrainian legal system are analyzed. Conclusions and prospects for the development. The strategy of Ukraine’s integration into the EU should ensure the country’s entry into the European political, legal, economic, informational, and security space. On this basis, obtaining the status of full membership in the EU in the medium term should become the main foreign policy priority of the strategy of formation and implementation of legal policy of Ukraine in today’s challenges, which will be the subject of further research. Practically determined task of the national legal doctrine is to develop scientific proposals for further development of the legislative framework of Ukraine’s European integration and modernization of the national legal system in accordance with progressive requirements and EU standards, while preserving the national identity of the domestic legal system.


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