scholarly journals The Rise and Fall of International Law in the Post-Lisbon AFSJ Legislation Cycles

2021 ◽  
Vol 1 ◽  
pp. 1-17
Author(s):  
Elaine Fahey
Keyword(s):  
International Law ◽  
Immigration Law ◽  
Eu Law ◽  
Legal Actor ◽  
Law Making ◽  
The Eu

The article focuses on the output and incidence of international law in the adopted AFSJ law-making for the period between 2009−14 and 2014−19, with particular emphasis upon asylum and immigration law. The article thus overall shows an initially rising but subsequently falling ‘international’ influence upon EU AFSJ directives and regulations. International law usage is significant even in times of populism or times of crisis-related law-making, particularly as to asylum and immigration law. However, the waning presence of international law also arguably indicates the development of the AFSJ as a booming legal field, where there is an operationalisation of a vast field of new actors, institutions, and systems through EU law. This account demonstrates how the EU shows a tangible intent to permit the influence of international law upon the AFSJ which supports well its general efforts to participate and engage as a global legal actor.

scholarly journals METHODOLOGY OF REGIONAL INTEGRATION

2018 ◽  
Vol 63 (3) ◽  
pp. 366-376
Author(s):  
T. N. Mikhaliova
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Traditional Method ◽  
Legal Regulation ◽  
Eu Law ◽  
Integration Process ◽  
Regional Organizations ◽  
Integration Methods ◽  
Law Making ◽  
The Eu

Traditional method of international law is consensual one. Regional integration needs special methodology. The article reveals peculiarities of different methods of regional integration (intergovernmental, Community method, method of open coordination). The examples of application of integration methods in practice of different regional organizations are given. The EU law-making process is characterized with regards to choice of the method of legal regulation. The integration process demands wider application of community methods of legal regulation. However, some mechanisms for balancing the interests of diverse actors of integration are necessary, including through interaction and codependence of the latter in supranational methodology of regional integration. 

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

7. EU law: is it international law?

2020 ◽  
pp. 191-211
Author(s):  
Bruno de Witte
Keyword(s):  
International Law ◽  
Alternative View ◽  
Eu Law ◽  
Legal Nature ◽  
The Eu

This chapter examines the legal nature of EU law, i.e. its place within the realm of international law. It first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.

4. EU Law: Sources, Forms, and Law-Making

2021 ◽  
pp. 94-140
Author(s):  
Nigel Foster
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Order ◽  
Fundamental Rights ◽  
Soft Law ◽  
Eu Law ◽  
The Rich ◽  
Alternative Decision ◽  
Law Making ◽  
The Eu

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.

scholarly journals Linked Open Data and e-Participation in the EU Law-Making Process

2016 ◽  
pp. 79-89 ◽  
Author(s):  
P. Schmitz ◽  
E. Francesconi ◽  
B. Batouche ◽  
B. Dombrovschi ◽  
D. Duy ◽  
...  
Keyword(s):  
Open Data ◽  
Linked Open Data ◽  
Eu Law ◽  
Law Making ◽  
The Eu

International Organizations and the EU General Data Protection Regulation

2019 ◽  
Vol 16 (1) ◽  
pp. 158-191 ◽  
Author(s):  
Christopher Kuner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Data Protection ◽  
Personal Data ◽  
Eu Law ◽  
Protection Measures ◽  
General Data Protection Regulation ◽  
General Data ◽  
High Level ◽  
The Eu

The importance of personal data processing for international organizations (‘IOs’) demonstrates the need for them to implement data protection in their work. The EU General Data Protection Regulation (‘GDPR’) will be influential around the world, and will impact IOs as well. Its application to them should be determined under relevant principles of EU law and public international law, and it should be interpreted consistently with the international obligations of the EU and its Member States. However, IOs should implement data protection measures regardless of whether the GDPR applies to them in a legal sense. There is a need for EU law and international law to take each other better into account, so that IOs can enjoy their privileges and immunities also with regard to EU law and avoid conflicts with international law, while still providing a high level of data protection in their operations.

Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty)

2019 ◽  
Vol 10 (1) ◽  
pp. 21-40
Author(s):  
Enrico Albanesi
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Natura 2000 ◽  
Eu Law ◽  
Reindeer Husbandry ◽  
Unanimous Vote ◽  
Eu Legislation ◽  
Domestic Legislation ◽  
The Eu

The 1995 Treaty concerning the accession of Finland and Sweden to the EU makes some express exceptions for their domestic legislation vis-à-vis EU legislation regarding some aspects of traditional reindeer husbandry carried out by the Sámi people. However, other fields in the EU law lack an express regulation concerning reindeer husbandry and this has led to much controversy. In Sweden, legislation on EU Natura 2000 areas identifies reindeer herders as stakeholders among many others, i.e. it does not as such address the Sámi as indigenous people. In Finland, the Act on Metsähallitus was amended in 2016 to be in compliance with EU trade laws; however, the new Act does not recognise any special status of the Sámi as indigenous people, giving rise to concerns especially with regards to reindeer husbandry. The extension of Protocol No 3 to the Accession Treaty to other matters by a unanimous vote of the Council could be a solution to protect Sámi’s reindeer husbandry vis-à-vis EU legislation. Simultaneously, EU legislation should be interpreted in the light of the relevant rules of international law concerning indigenous peoples.

Weak Members and the Enforcement of EU Law

2017 ◽  
Author(s):  
Michael Ioannidis
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Weak States ◽  
Eu Law ◽  
Eurozone Crisis ◽  
Member States ◽  
The Rich ◽  
The Eu

This chapter focuses on cases where the presumption that all Member States are effective in enforcing their law does not hold: when Member States show structural, persistent, and cross-sector ineffectiveness in enforcing their law. Borrowing from literature on international law as well as insights from the rich research on EU compliance, this chapter develops three main points. The first is that, on some occasions, the EU might face a similar challenge with that of international law when dealing with weak states. To describe such cases of structural ineffectiveness, this chapter develops the concept of ‘weak member’. The second point is that these problems can be captured through the lens of EU constitutional law, and more specifically as Rule of Law problems. The last point is to present some of the measures taken during the Eurozone crisis to respond to this type of problem with regard to Greece.

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