scholarly journals ALTERNATIVE TECHNIQUES FOR COMBATING THE ABUSE OF LAW EMPLOYED BY EU LAWTÉCNICAS ALTERNATIVAS PARA COMBATER O ABUSO DE DIREITO EMPREGADO PELA LEGISLAÇÃO DA UE

2019 ◽  
Vol 11 (23) ◽  
Author(s):  
Dimitris Liakopoulos
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Abusive Behavior ◽  
Starting Point ◽  
Alternative Techniques ◽  
The Right ◽  
Abuse Of Law ◽  
Private Individual

The present study/research aims to understand the functioning of prohibition of abuse of law in  European Union, as a "legal technique" to deny the exercise of the right or exclude the application of EU law  where a behavior is found abusive by the private. Such an analysis is indeed the starting point for understanding more deeply the normative meaning of this prohibition, also by placing it in relation with the other protection techniques of which the Union system disposes. More specifically, through a comparison with the use of alternative techniques, the aim of the research is to define whether this prohibition can be considered as an effective technique in EU law, that is to say concretely applicable to the fight against abuse. The role of the Court of Justice of the European Union in the fight against abuse: final considerations on the extent of the prohibition of abuse and its operation in EU law. The main objective of the research was to understand the legal meaning and operation of the prohibition on the abuse of rights in EU, as a legal technique to exclude the application of EU law or to deny the right attributed by EU law where abusive behavior by the private individual is found.

scholarly journals The role of the agricultural sector in the legal system of national reductions of air pollution in the European Union under Directive 2016/2284 NEC

2020 ◽  
pp. 139-152
Author(s):  
Justyna Goździewicz-Biechońska
Keyword(s):  
European Union ◽  
Agricultural Sector ◽  
Atmospheric Pollutants ◽  
Eu Law ◽  
The European Union ◽  
Industrial Emissions ◽  
Different Types ◽  
The Right ◽  
Nitrates Directive

The aim of the article is to define the role of the agricultural sector in the legal systems of national emissions ceilings in the European Union, and in particular the requirements of the amended legal basis in this respect – Directive No 2016/2284 of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC. This law, in addition to the Nitrates Directive, is currently one of the most important regulations of EU law on protection against environmental pollution from agricultural sources. Among the pollutants covered by the reduction obligation under Directive 2016/2284 NEC, ammonia is the most critical pollutant of agricultural origin, hence the crucial importance for agriculture of the measures aimed at reducing emissions of this substance. These measures are mainly of an optional nature and it is up to the Member States to determine how to achieve the national reduction target. It is therefore necessary to design the right mix of measures and match them with the different types of agricultural activities when developing relevant national strategies. It is also necessary to combine them with other regulations, in particular on industrial emissions and water protection, and to address the issues of nitrogen circle in a systemic manner, not only at farm level but also throughout the entire food chain.

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

20. Economic rights: workers, establishment and services

2020 ◽  
pp. 470-506
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Regulatory Competition ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Economic Rights ◽  
The Right

This chapter examines the provisions of European Union (EU) law concerning economic rights provided by Articles 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), concerning workers, establishment and services respectively. It discusses the Court of Justice’s (CJ) interpretation and its impact on Member States’ ability to regulate the right to trade within their own territory, as well as regulatory competition between Member States. The chapter discusses the harmonization of qualifications (including the Qualifications Directive), the free movement of lawyers and the Services Directive.

Challenging the masters of the treaties: Emerging narratives of constituent power in the European Union

2018 ◽  
Vol 7 (2) ◽  
pp. 263-293 ◽  
Author(s):  
MARKUS PATBERG
Keyword(s):  
European Union ◽  
Normative Theory ◽  
The European Union ◽  
Constituent Power ◽  
Constitutional Politics ◽  
Political Actors ◽  
Starting Point ◽  
Popular Initiative ◽  
The Eu

Abstract:There is a growing sense that if the EU is to avoid disintegration, it needs a constitutional renewal. However, a reform negotiated between executives will hardly revitalise the European project. In light of this, commentators have suggested that the EU needs a democratic refounding on popular initiative. But that is easier said than done. Shaping the EU has been an elite enterprise for decades and it is hard to imagine how things could be otherwise. In this article, I map four public narratives of constituent power in the EU to sketch out potential alternatives. Political actors increasingly call into question the conventional role of the states as the ‘masters of the treaties’ and construct alternative stories as to who should be in charge of EU constitutional politics, how the respective subject came to find itself in that position, and how it should invoke its founding authority in the future. These public narratives represent a promising starting point for a normative theory that outlines a viable and justifiable path for transforming the EU in a bottom-up mode.

scholarly journals Relationship between Spain and Russia through shared interests: key for normalization of relations with the European Union

2021 ◽  
Vol 9 (1) ◽  
pp. 9-18
Author(s):  
Carlos Uriarte Sánchez
Keyword(s):  
European Union ◽  
Organized Crime ◽  
The European Union ◽  
Bilateral Relations ◽  
Common Interests ◽  
The Russian Federation ◽  
Mutual Relations ◽  
The Right ◽  
Global Agenda

Since 2014 relations between the European Union and Russia have been severely affected by the sanctions policy that has been detrimental to both sides. However, Spain has not been able to stand aside from this policy. Nevertheless, Spain, maintaining a common position on sanctions against Russia out of solidarity and because of its obligations to European partners, has tried to develop bilateral relations with the Russian Federation in a positive way. Spain realizes that more unites it with Russia rather than divides. Spain and Russia have common interests and challenges not only in cultural, scientific, economic and commercial spheres of bilateral relations, but also in political areas of the global agenda such as the climate change and terrorism, the organized crime. These challenges are also common for both the European Union as a whole and Russia, and for this reason, Spain can play a role of catalyst in possible rapprochement. Without abandoning the principles and values at the heart of the European project, Spain can advance a bilateral agenda with Russia, which will contribute to the gradual building of mutual relations, including in political sphere. The ultimate goal will be achieved when the right conditions are created and the broken trust is restored. Spain could also lead this process within the European Union, since it has a more balanced position in relations with Russia than other European partners do. Thus, Spain can become a necessary and key facilitator of the dialogue and efforts to normalize relations.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

The Polluter Pays Principle in EU Climate Law: an Effective Tool before the Courts?

Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 1-27
Author(s):  
Suzanne Kingston
Keyword(s):  
European Union ◽  
Legal Status ◽  
Potential Role ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Polluter Pays Principle ◽  
Energy Law ◽  
The Eu

In EU law the polluter pays principle (ppp) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (tfeu) enshrines it among the fundamental principles of the EU’s environmental policy. This article considers the legal status and development of the ppp in EU law, in the case law of the Court of Justice of the European Union (cjeu) and in EU policy, most recently in the EU’s Green New Deal. It goes on to identify three bodies of climate-related litigation where the ppp has been most influential to date: first, cases concerning the EU ets and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the ppp in other areas, including climate cases based on human and environmental rights, and climate cases brought against private parties.

European union and the georgian-abkhaz conflict

2020 ◽  
pp. 34-40
Author(s):  
Alexandr S. Krivcov
Keyword(s):  
European Union ◽  
Soviet Union ◽  
The Black Sea ◽  
The European Union ◽  
The Soviet Union ◽  
Black Sea Coast ◽  
The Right ◽  
Settlement Of Disputes ◽  
The Eu

Tensions between various ethnic groups living in Abkhazia, on the Black Sea coast, escalated into violent conflict in 1992-1993. At the heart of the conflict, which broke out along with a number of other conflicts after the collapse of the Soviet Union, lies the contradiction between the principles of territorial integrity and the right of nations to self-determination. This tension was centered around competing historical claims of Georgians and Abkhazians on the territory of Abkhazia. Abkhaz demands for greater autonomy increased when the Soviet Union collapsed. Nationalism spread, tension grew, and in 1992 a 13-month war began. This article assesses how the warring parties perceive the process of Europeanization of their region, as well as the role of the European Union in the conflict around Abkhazia and its possible outcome in the future. It is noted that the efforts made by the EU to facilitate the settlement of disputes on the Georgian-Abkhaz issue are long-standing and multifaceted. However, there is a dissonance between the EU’s strong interest in resolving these conflicts, its strong commitment and its long-standing involvement in promoting such a settlement, and its actual, ineffective contribution to this goal.

scholarly journals Interpreting retained EU private law post-Brexit: Can commonwealth comparisons help us determine the future relevance of CJEU case law?

2019 ◽  
Vol 48 (1-2) ◽  
pp. 15-38
Author(s):  
Paula Giliker
Keyword(s):  
European Union ◽  
Case Law ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Privy Council ◽  
Legal Perspective ◽  
The Future ◽  
The Uk ◽  
The Right

In June 2016, the United Kingdom voted in a referendum to leave the European Union (EU). The consequences of Brexit are wide-ranging, but, from a legal perspective, it will entail the repeal of the European Communities Act 1972. The UK government does not intend to repeal EU law which is in existence on exit day, but, in terms of the interpretation of retained law, decisions of the Court of Justice of the European Union (CJEU) will no longer be binding after Brexit. Nevertheless, s. 6(2) of the EU (Withdrawal) Act 2018 does allow the UK courts to continue to pay regard to EU law and decisions of the CJEU ‘so far as it is relevant to any matter before the court’. This article will consider the meaning of the phrase ‘ may have regard to anything…so far as it is relevant’. In empowering the courts to consider post-Brexit CJEU authority subject to the undefined criterion of relevancy, how is this power likely to be exercised? A comparison will be drawn with the treatment of Privy Council and the UK case law in Commonwealth courts following the abolition of the right of appeal to the Privy Council, with particular reference to the example of Australia. It will be argued that guidance may be obtained from the common law legal family which can help us predict the future relevance and persuasiveness of CJEU case law in the interpretation of retained EU private law.

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