The Meta-National Dimension of Solidarity in EU Law: On the Impact of the EU Cohesion Policies on the 'Form of Union'

2013 ◽  
Author(s):  
Giuseppe Martinico
Keyword(s):  
Eu Law ◽  
The Impact ◽  
The Eu

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada
Keyword(s):  
Waste Water Treatment ◽  
National Level ◽  
State Level ◽  
Detailed Examination ◽  
Deterrent Effect ◽  
Eu Law ◽  
Wide Range ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

6. The European Union and the environment

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Standards ◽  
Eu Law ◽  
The European Union ◽  
Law And Policy ◽  
The Impact ◽  
Different Sources ◽  
The Eu

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.

4. EU legislative powers

2020 ◽  
pp. 88-122
Author(s):  
Sylvia de Mars
Keyword(s):  
Transition Period ◽  
International Agreements ◽  
Soft Law ◽  
Eu Law ◽  
Principle Of Proportionality ◽  
The Uk ◽  
The Impact ◽  
Legislative Processes ◽  
Domestic Law ◽  
The Eu

This chapter examines the sources of EU law. As with domestic law, there are two overarching categories of EU law: primary law and secondary law. EU primary law includes the EU Treaties and the general principles of EU law. Meanwhile, EU secondary law includes regulations, directives, decisions, international agreements, and ‘soft law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU law, assessing what will happen to EU law in the UK during the Withdrawal Agreement's transition period.

Multilevel hardening in progress – Transition from soft towards hard regulation of CSR in the EU

2020 ◽  
pp. 1023263X2095837
Author(s):  
Tamás Szabados
Keyword(s):  
Financial Reporting ◽  
Intermediate Stage ◽  
Due Diligence ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Corporate Social ◽  
The Impact ◽  
Human Rights Due Diligence ◽  
The Eu

Corporate social responsibility (CSR) is gradually undergoing multilevel transformation in the European Union (EU). Hardening of the initially voluntary CSR approach of the EU is progressively taking place in an interaction between the law of the Member States and EU law. Domestic solutions can serve as a model for EU legislation. In this progress, the Non-Financial Reporting Directive, granting considerable flexibility both to companies and the Member States, can indeed be seen as an intermediate stage and it is expected that, under the impact of human rights due diligence requirements recently imposed on companies by Member States, more substantive obligations will also be introduced at an EU level in the future.

New Technologies and EU Law

2017 ◽  
Keyword(s):  
Data Protection ◽  
New Technologies ◽  
Internal Market ◽  
Fundamental Rights ◽  
Eu Law ◽  
Close Link ◽  
Eu Policy ◽  
Regulatory Design ◽  
The Impact ◽  
The Eu

This book addresses the relationship between EU law and new technologies. Its aim is to address two groups of questions. First, how does EU law approach the relation between science and regulation and what part do conceptions of risk play in this approach; is there a distinctive character to EU law in this domain? And second, what challenges do new technologies pose for the EU internal market and for fundamental principles of EU law, including fundamental rights? Do new technologies represent potential new barriers to freedom of movement? How are EU instruments used to direct and orientate EU policy on new technologies, and how do new technologies shape EU policy, including—but not only—EU policy on privacy and data protection? The book is organized into two parts. The first part, ‘The EU, Scientific Risk, and Regulatory Design’, addresses some of the more horizontal questions, helping us to unpack and to understand the EU’s approach to the regulation of scientific/technological risk and the impact on regulatory design of the close link between the regulation of technology and the internal market. The second part, ‘EU Law and New Technologies—Challenge and Response’, uses different policy fields to exemplify the different ways in which technology and EU policy interact, by posing new regulatory challenges (data protection; internet governance), and by shaping the regulatory response to new challenges (the use of technology for border management and migration control).

The Competences of the Union

2018 ◽  
Author(s):  
Theodore Konstadinides
Keyword(s):  
Fundamental Rights ◽  
Active Part ◽  
Eu Law ◽  
Legal Systems ◽  
Member States ◽  
Rights Protection ◽  
Salient Features ◽  
The Impact ◽  
Vertical Level ◽  
The Eu

The object of this chapter is to examine the way in which competences are designed and delineated in EU law at the vertical level between the EU and the Member States and discuss their salient features. Over the years, EU competences have expanded, although not as meteorically as one may think. To alleviate concerns among Member States about the impact of EU competence enlargement upon national legal systems, a number of principles were designed to limit the powers of the EU. Having said that, there is hardly today an area of regulation in which the EU does not play an active part—from trade and energy to sport and fundamental rights protection.

Part II The Treaty-Makers, 6 Who Can Make Treaties? The European Union

2020 ◽  
Author(s):  
Cremona Marise
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
International Treaty ◽  
Multilateral Agreements ◽  
International Responsibility ◽  
The Impact ◽  
Mixed Agreements ◽  
The Eu

This chapter examines the EU’s robust and complex treaty-making. The first section deals with the EU’s treaty-making capacity from the perspective of EU law, and then of international treaty practice. It examines the ways in which international treaty-making practice has accommodated EU participation in bilateral and in multilateral agreements. The second section discusses the legal effects of treaties concluded by the EU, first as regards the EU legal order, including their enforcement and interpretation by the Court of Justice of the European Union and the legal effects of mixed agreements. A discussion of the impact of EU treaty-making on the powers of the Member States follows: through the doctrines of exclusivity and pre-emption, the impact of EU law on treaties concluded by the Member States, and finally EU treaty-making from the perspective of international responsibility.

The European Union, Fisheries and ‘Due Regard’ in the EEZ: Some Reflections

2019 ◽  
Vol 34 (1) ◽  
pp. 89-96
Author(s):  
Frederik Naert
Keyword(s):  
European Union ◽  
Arctic Ocean ◽  
Marine Protected Areas ◽  
Eu Law ◽  
The European Union ◽  
Central Arctic Ocean ◽  
The Third ◽  
Institutional Settings ◽  
The Impact ◽  
The Eu

Abstract This contribution addresses some particular aspects of fisheries and some specificities of the European Union (EU) in this field. The first section explains how institutional settings in the framework of which all states concerned can discuss mutual rights and obligations, including the ‘due regard’ obligation in the exclusive economic zone (EEZ), have been established in the field of fisheries. The second section presents two examples of situations in which the ‘due regard’ obligation has given rise to discussion: the negotiations on an Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and discussions on Marine Protected Areas and other similar areas. In the third section, a few issues that are particular to the EU are identified, including the competences transferred to the EU and their external exercise by the EU and the impact of EU law on relations between Member States in their respective EEZs.

scholarly journals The 2004 EU Enlargement as an Outcome of Public Policies: The Impact of Intra-EU Mobility on Central and Eastern European Sending Countries

2020 ◽  
pp. 1-17
Author(s):  
Izabela Grabowska
Keyword(s):  
Social Mobility ◽  
Public Policies ◽  
Eu Enlargement ◽  
Eastern European ◽  
Social Changes ◽  
Eu Law ◽  
Welfare Systems ◽  
The Impact ◽  
Economic And Social Impacts ◽  
The Eu

This article analyses the impact of mobility on sending CEE countries after the biggest EU enlargement of 2004 with some reference to the EU enlargement of 2007. It is presented on the fifteenth anniversary of the biggest historical EU enlargement with a disclaimer that economic and social changes are still enduring. The aim of this article is to explain the interlinked economic and social impacts of EU enlargements on CEE sending countries relating to: GDP, wages, economic remittances, welfare systems and employment, human capital (tangible and intangible), social remittances and social mobility. It is proved here, that exploring and exploiting the complex catalogue of available arguments and findings across CEE countries, EU enlargements can be seen as outcomes of a set of top-down public policies with their regulation (EU law), distribution (four freedoms) and redistribution functions (EU funds) along with bottom-up activities and developments of migrants themselves.

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