THE EU INTERNAL MARKET NEEDS MUCH BETTER GOVERNANCE OF THE SCHENGEN SYSEM

Author(s):  
Dusan Soltes
Keyword(s):  
Author(s):  
Federico FERRETTI

Abstract EU Internal Market law and international arbitration increasingly interact with each other but there are important areas of conflict between the two that represent an obstacle to market integration in a common area of justice. The article examines, from the perspective of EU public economic law, these areas of conflict to assess the extent to which the Internal Market needs harmonised rules on commercial arbitration to support dispute resolution and access to an efficient delivery of justice within its operation. The current state of affairs is unsatisfactory and it lacks legal certainty. If properly regulated, commercial arbitration can become an important instrument functional to EU market efficiency.


Author(s):  
Robert Schütze

Can the judicial creation of the EU internal market be justified? A famous—positive—answer has, in the past, been suggested by Miguel Maduro’s We the Court; and the first section explores the credentials of his ‘majoritarian activism’ thesis. The second section surveys alternative forms of legitimacy, such as ‘output legitimacy’ and ‘messianic legitimacy’, but it also offers a new Kantian approach to the legitimacy question.


2016 ◽  
Vol 1 (127) ◽  
pp. 116-127
Author(s):  
O. Lytvyn

This article deals with the prospects, possible risks and threats of deep and comprehensive free trade area («FTA+») between Ukraine and the EU. Features of foreign economic activity of Ukraine within the framework of FTA with the CIS are also considered in the article. A detailed analysis of the foreign trade statement and regional pattern of exports and imports of Ukraine is presented for the last few years. The key difference between «FTA+» with the EU and classic free trade areas is determined. Risks of the external economic collaboration of Ukraine with the European countries are described after intensifying of the conflict between Ukraine and Russian Federation. Reasons of suspension of the Free trade agreement between Russia and Ukraine are marked. It operated within the framework of FTA with the CIS, trade and economic collaboration between the countries until the abolition of a free trade with Ukraine by Russian Federation. The consequences of the European technical and phytosanitary standards, substantial diminishing of export and import duties and measures related to the preparation of internal market to «FTA+» are analysed for Ukraine. The form of «FTA+» is found out, which foresees the reduction and liquidation of trade barriers within the framework of a free trade regime. It doesn’t deal only with liberalization of bilateral commodity trade but such spheres, as: trade in services, regime of foreign direct investment, public purchasing and labour force movement. The form of «FTA+» also foresees a wide adaptation program of economic and sectoral legislation of Ukraine to the norms and standards of the EU that will allow removing of nontariff barriers for domestic exports to internal market of the EU.


2021 ◽  
pp. 204-226
Author(s):  
Bertjan Wolthuis ◽  
Luigi Corrias

The chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law.


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