scholarly journals Nulidad matrimonial instada por tercero y competencia internacional en el Reglamento 2201/2003. Comentario a la STJUE de 13 de octubre de 2016, asunto C-294/15 = Marriage annulment sued by third party and jurisdictional rules in EU Regulation 2201/2003. Judgment of the court of 13 october 2016, case C-294/15

2018 ◽  
Vol 10 (1) ◽  
pp. 601
Author(s):  
Pilar Peiteado Mariscal
Keyword(s):  
Family Law ◽  
Frame Of Reference ◽  
Third Party ◽  
Eu Regulation ◽  
The Relationship ◽  
European Family ◽  
The Eu

Resumen: Al hilo de la STJUE de 13 de octubre de 2016, este comentario examina el ámbito de aplicación y los foros de competencia del Reglamento 2201/2003, desde la perspectiva de los procesos de nulidad matrimonial instados por un tercero distinto de los cónyuges, y atiende también a la relación de esta norma con el resto de los Reglamentos que regulan el Derecho de familia en el ámbito europeo.Palabras clave: Nulidad matrimonial. Reglamento 2201/2003. Derecho de familia europeo.Abstract: Taking as frame of reference the Judgment of the EUC in Case C-294/15, this paper focuses on the scope and the jurisdiction rules in the EU Regulation 2201/2003. It tries to pay special atention to marriage annulment trials sued by a third party, and also to the relationship between EU Regulation 2201/2003 and the others EU regulations wich rule European Family Law.Keywords: Marriage annulment. EU Regulation 2201/2003. European Family Law.

scholarly journals Formal modelling of the electricity markets: the example of the load reduction of electricity mechanism “NEBEF”

2021 ◽  
Vol 897 (1) ◽  
pp. 012017
Author(s):  
Florian Selot ◽  
Bruno Robisson ◽  
Claire Vaglio-Gaudard ◽  
Javier Gil-Quijano
Keyword(s):  
Demand Response ◽  
Electricity Markets ◽  
Electricity Market ◽  
Third Party ◽  
Formal Approach ◽  
New Parties ◽  
Eu Regulation ◽  
Market Participants ◽  
Final Consumer ◽  
The Eu

Abstract The liberalisation of the electricity market initiated at the beginning of the 21st century has opened it to new parties. To ensure the growth of participants’ number will support the system’s balance, the EU regulation 2019/943 confirms that “all market participants should be financially responsible of the imbalances they cause”. In their respective area, the transmission system operators develops the regulation in compliance with this condition. However, as the regulation takes into account the new realities of the market such as renewables, the interactions between the participants become more complex. One of the risks is that the imbalance of an actor may not be due to its own actions, not complying with the EU regulation then. To analyse this kind of implicit condition, we propose a formal approach to model the exchanges of energy. Using the French regulation as a base, we model the participants and their interactions in the form of symbolic equations using the energy-related terms as variables. In this paper, to illustrate the model we will use to analyse the entire electricity market, we apply it to the NEBEF mechanism only. This mechanism is dedicated to the selling of demand response in France and introduces a third party between the final producer and the final consumer: the demand response operator. We model the mechanism and analyse how the mechanism complies with the balancing responsibility. Our results demonstrate that the mechanism complies with the regulation but there are some limits due to the calculation method of the reference consumption.

The Global Reach of EU Law

2019 ◽  
pp. 21-63
Author(s):  
Joanne Scott
Keyword(s):  
Environmental Law ◽  
Environmental Problems ◽  
Eu Law ◽  
Eu Regulation ◽  
The Relationship ◽  
Different Levels ◽  
The Eu ◽  
Global Reach ◽  
At Home

This chapter explores the mechanisms that enable the EU to extend the global reach of its laws. These include extraterritoriality, territorial extension and the ‘Brussels Effect’. It offers multiple examples of territorial extension operating at different levels and considers the relationship between territorial extension and the Brussels Effect. The second part of the chapter includes a case study on territorial extension in EU environmental law. While it is increasingly accepted that the ‘effects’ doctrine may be invoked to regulate foreign conduct that entails significant effects at home, this chapter considers whether the concept of complicity may help to justify EU regulation that seeks to address environmental problems that are manifested outside the EU.

The Concept of Europeanization and Possibilities of its Application to the Analysis of Ukraine-EU Relations

2017 ◽  
pp. 149-160
Author(s):  
Natalia Popova
Keyword(s):  
European Integration ◽  
Theoretical Research ◽  
Member States ◽  
External Governance ◽  
Definition Of ◽  
The Relationship ◽  
Eu Studies ◽  
The Eu

The concept of Europeanization has become quite fashionable in EU studies in recent years. It is often used for the analysis of the relations between the EU and non-member states. The aim of the article is to examine the possibilities of its application in explaining the relationship between the EU and Ukraine. The structure of the article is as follows: firstly, the concept of Europeanization is defined considering such two disputable issues as distinguishing among concepts of Europeanization and European integration as well as Europeanization and EU-ization. Next, the evolution of the theoretical research of Europeanization and definition of this concept are analyzed. Two main mechanisms of Europeanization (conditionality and socialization) are examined. The author considers main approaches to the analysis of the "external" Europeanization emphasizing the concept of "external governance". Three groups of factors which influence the effectiveness of Europeanization are briefly analyzed. And finally, the peculiarities of application of the Europeanization concept to the Ukraine-EU relations are outlined. Keywords: EU, Ukraine, Europeanization, EU-ization, ‘external’ Europeanization, conditionality, socialization, concept of ‘external governance’

The European Union’s Policy towards its Eastern Neighbours: The Crisis in Ukraine

2018 ◽  
Author(s):  
Tatsiana Shaban
Keyword(s):  
Crisis Management ◽  
Policy Development ◽  
Interesting Case ◽  
European Neighbourhood Policy ◽  
Significant Progress ◽  
Challenges And Opportunities ◽  
External Governance ◽  
Institutional Challenges ◽  
The Relationship ◽  
The Eu

The European Union’s neighbourhood is complex and still far from being stable. In Ukraine, significant progress has occurred in many areas of transition; however, much work remains to be done, especially in the field of regional development and governance where many legacies of the Soviet model remain. At the crossroads between East and West, Ukraine presents an interesting case of policy development as an expression of European Union (EU) external governance. This paper asks the question: why was the relationship between the EU and Ukraine fairly unsuccessful at promoting stability in the region and in Ukraine? What was missing in the European Neighbourhood Policy (ENP) in Ukraine that rendered the EU unable to prevent a conflict on the ground? By identifying security, territorial, and institutional challenges and opportunities the EU has faced in Ukraine, this paper underlines the most important factors accounting for the performance of its external governance and crisis management in Ukraine.   Full text available at: https://doi.org/10.22215/rera.v12i2.1310

The Democratic Costs of Constitutionalization— The European Case

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
At Risk ◽  
Economic Integration ◽  
Fundamental Rights ◽  
European Law ◽  
European Court ◽  
Political Implications ◽  
The Impact ◽  
The Relationship ◽  
The Eu

This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.

scholarly journals Transnational solidarity among political elites: what determines support for financial redistribution within the EU in times of crisis?

2021 ◽  
pp. 1-20
Author(s):  
Ann-Kathrin Reinl ◽  
Heiko Giebler
Keyword(s):  
Individual Characteristics ◽  
The European Union ◽  
Left Wing ◽  
Responsibility Attribution ◽  
Public Preferences ◽  
Economic Problems ◽  
Attitudinal Differences ◽  
Transnational Solidarity ◽  
The Relationship ◽  
The Eu

As a consequence of the European Economic Crisis, the European Union (EU) has implanted mechanisms to assist fellow member states facing economic difficulties. Despite an increasing academic interest in public preferences for such intra-EU solidarity measures, research has so far largely ignored individual characteristics that could possibly influence politicians’ views. In this paper, we look at politicians’ preferences for transnational solidarity and argue that these preferences depend on attitudes regarding socioeconomic issues as well as attitudes related to the EU. Moreover, we hypothesize that the relationship is moderated by responsibility attribution and the economic situation in a country. Using survey data of about 4000 politicians running for office in nine EU countries, we find that transnational solidarity is more common for socioeconomically left-wing and pro-EU politicians. Yet, attitudinal differences only cease to matter when the beneficiary state is perceived responsible for the crisis and economic problems at home are low.

Customer-Oriented Constructive Deviance as a Reaction to Organizational Injustice Toward Customers

2021 ◽  
pp. 193896552110123
Author(s):  
Taeshik Gong ◽  
Pengchang Sun ◽  
Min Jung Kang
Keyword(s):  
Customer Satisfaction ◽  
Service Quality ◽  
Servant Leadership ◽  
Survey Data ◽  
Third Party ◽  
Service Climate ◽  
Perceived Service Quality ◽  
Hotel Managers ◽  
The Relationship ◽  
Organizational Injustice

To date, research on the deontic model and third-party reactions to injustice has focused primarily on individuals’ tendency to punish the transgressor. In this study, we seek to extend the extant research by arguing that punishment may not be the only deontic reaction and that third-party observers of injustice should engage in activities that help the victim. More specifically, we explore employee’s customer-oriented constructive deviance as a reaction to organizational injustice toward customers. We also investigate how this deviance influences customer satisfaction. In addition, we explore service climate, driven by servant leadership as a moderator on the relationship between employees’ perceptions of organizational unfairness and customer-oriented constructive deviance. The study collected three-level survey data from 95 hotel managers, 396 employees, and 1,848 customers. We find that servant leadership increases service climate, which in turn strengthens the relationship between organizational injustice toward customers and customer-oriented constructive deviance. The findings also reveal that customer-oriented constructive deviance increases perceived service quality, leading to customer satisfaction. Our study significantly contributes to the emerging theory concerning customer-oriented constructive deviance by explaining the antecedents, consequences, and moderators. The study also helps managers deal with customer-oriented constructive deviance in the workplace.

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