scholarly journals A Integração Econômica e o Regime Jurídico do Euro

2015 ◽  
Vol 10 (3) ◽  
Author(s):  
Fabrício José Rodrigues de Lemos
Keyword(s):  
European Union ◽  
Economic Integration ◽  
Free Movement ◽  
The European Union ◽  
Legal Regime ◽  
Freedom Of Establishment ◽  
Economic Relations ◽  
Free Movement Of Workers ◽  
Common Goals ◽  
The Common

A INTEGRAÇÃO ECONÔMICA E O REGIME JURÍDICO DO EURO  ECONOMIC INTEGRATION AND THE LEGAL REGIME OF THE EURO  Fabrício José Rodrigues de Lemos* RESUMO: Em um mundo de relações econômicas cada vez mais complexas, as nações se veem compelidas a formalizar uniões em torno de objetivos comuns, de maneira a fazer frente à acirrada concorrência internacional. Nesse sentido, buscam a formação dos chamados espaços econômicos integrados. Para isso, são necessários diversos requisitos, tais como a livre circulação de mercadorias, a liberdade de estabelecimento, a livre circulação de trabalhadores e de capitais. Entretanto, para que seja atingido o estágio mais aprofundado da integração econômica, além das exigências já exemplificadas, se constata imprescindível a instituição de moeda única. Nesse sentido, o artigo pretende, a partir de reflexões históricas e filosóficas acerca da implantação da zona do Euro, fazer apontamentos sobre a integração econômica existente na União Europeia, detalhando o regime jurídico da moeda única europeia, para, ao final, tecer considerações sobre o futuro do mercado comum europeu. PALAVRAS-CHAVE: Integração econômica. Zona do Euro. Regime jurídico. União Europeia. ABSTRACT: In a world of increasingly complex economic relations, nations find themselves compelled to formalize unions around common goals, in order to cope with the fierce international competition. In this sense, they seek the formation of the so-called integrated economic spaces. Thereunto, several requirements must be met, such as the free movement of goods, freedom of establishment, free movement of workers and capital. However, in order to achieve the furthest stage of economic integration, in addition to the requirements already explained, the institution of a single currency is imperative. In this sense, the article intends to give pointers, from historical and philosophical reflections about the implementation of the Euro zone, on the existing economic integration in the European Union, detailing the legal regime of the single European currency, to, at the end, weave considerations about the future of the common European market. KEYWORDS: Economic integration. Eurozone. Legal regime. European Union. SUMÁRIO: Introdução. 1 Reflexões Históricas e Filosóficas acerca da Implantação da Zona do Euro. 1.1 Implantação da Zona Monetária Comum e o Critério de Convergência. 1.2 Conceito de eficiência em Richard Posner e a maximização da riqueza e do bem-estar social. 2 Regime Jurídico na Zona do Euro. 2.1 Integração regional e o Mercado Comum Europeu. 2.2 Considerações sobre o futuro do Mercado Comum Europeu. Considerações Finais. Referências.  * Mestrando em Direito Público, na Linha de Pesquisa Sociedade, Novos Direitos e Transnacionalização, pela Universidade do Vale do Rio dos Sinos (UNISINOS). Bacharel em Direito pela Universidade do Vale do Rio dos Sinos (UNISINOS). Integrante do Núcleo de Direitos Humanos da Unisinos (NDH). Advogado. 

12. Citizenship and free movement of persons: workers and establishment

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Economic Activity ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Freedom Of Establishment ◽  
European Economic ◽  
Free Movement Of Workers ◽  
Treaty Of Rome ◽  
Free Movement Of Persons

This chapter examines the free movement of workers, family members and non-active persons, and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity.

Comparative Property Law

2019 ◽  
pp. 1030-1057
Author(s):  
Sjef Van Erp
Keyword(s):  
European Union ◽  
Economic Integration ◽  
Free Movement ◽  
Property Law ◽  
The European Union ◽  
Legal Rules ◽  
The Common ◽  
Legal Integration ◽  
Comparative Property ◽  
Global Economic Integration

The number of studies in comparative property law has recently been growing as a result of efforts to harmonize, or unify, certain aspects of property law in areas crucial for international business transactions. Increasing regional and global economic integration has led to a growing awareness that the divergence of legal rules may lead to inefficiency and raise transactions costs. In Europe the four economic freedoms (free movement of goods, persons, services, and capital), to which now should be added as a fifth freedeom the free movement of data, laid down in the Treaty on European Union and the Treaty on the Functioning of the European Union, have a growing influence on property law. Comparative property law, once considered to be fairly static, is turning into an increasingly dynamic field of law. This is to a considerable degree a consequence of European and global economic integration, and the resulting legal integration. The national property laws, whether belonging to the civilian or the common law tradition, will all be affected by this change.

scholarly journals The German hegemony in the European Union: European Economic Integration as an Asymmetric Regime

2020 ◽  
Vol 9 (2) ◽  
pp. 298-329
Author(s):  
Everton Almeida Silva ◽  
Joaquim Carlos Racy
Keyword(s):  
European Union ◽  
International Cooperation ◽  
Economic Integration ◽  
Power Relations ◽  
Historical Perspective ◽  
The European Union ◽  
International Regime ◽  
European Economic ◽  
Economic Relations ◽  
The Subject

In this paper we intend to analyze the hegemonic position of Germany within the European Union, examining, from a historical perspective, the process of economic integration of the continent, highlighting the haggling process among its Member States and the emergence of power relations among those. Primordially, the economic relations among the States and the circumstances that led European States to pursue the international cooperation, in order to build an international regime, will be analyzed, considering whether such an asymmetrical arrangement. In view of this, the present work has been organized into three sections and a conclusion where we state our opinion on the subject and point out suggestions and referrals on the theme.     Recebido em: agosto/2019. Aprovado em: agosto/2020.

scholarly journals Finland’s Africa Strategy

2021 ◽  
pp. 32-37
Author(s):  
Elena Boldyreva ◽  
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Foreign Affairs ◽  
The European Union ◽  
African Countries ◽  
Economic Relations ◽  
Northern Country ◽  
Common Interests ◽  
The Common

The article analyzes Finland’s strategy towards Africa. The relevance of this topic does not raise doubts in the light of the growing interest not only of Finland, but also of the European Union as a whole in Africa, especially the countries of the Sahel. Finland’s strategy was adopted almost simultaneously with the EU’s strategy and can be considered as an integral part of it. The article analyzes the publicly available documents of the Ministry of Foreign Affairs of Finland, which are relevant both to the policy of this northern country in relation to the continent as a whole and to individual African countries. The aim of the strategy is to set realistic but ambitious goals for Finland’s policy towards Africa, based on the common interests of Finland and African countries, to define the main directions of Finland’s policy towards Africa and to define concrete actions to achieve them. In addition, it is necessary to pay special attention to strengthening political and economic relations and expand cooperation in various forms. Thus, the research carried out can be useful for a better understanding of one of the most important directions of Finnish foreign policy today.

21. Free movement: social rights

2020 ◽  
pp. 507-528
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Social Security ◽  
Free Movement ◽  
Social Rights ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
Free Movement Of Workers

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for those migrants who are economically active. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38) and Regulation 492/2011 on the free movement of workers, the chapter deals briefly with the provisions relating to social security and EU citizenship.

Recent Golden Share Cases in the Jurisprudence of the Court of Justice of the European Union

2015 ◽  
Vol 16 (5) ◽  
pp. 1099-1130 ◽  
Author(s):  
Tamás Szabados
Keyword(s):  
European Union ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Member States ◽  
Golden Share ◽  
Court Of Justice ◽  
Special Rights ◽  
Free Movement Of Capital

AbstractIn several golden share cases, the Court of Justice of the European Union (the “Court”) condemned Member States for reserving certain special rights in privatized companies for themselves. In spite of the Court's consistently strict approach in the golden share cases, the more recent golden share judgments demonstrate that the Court's practice is not free from uncertainties. In its case law, the Court seems to hesitate between the application of the freedom of establishment and the free movement of capital. Additionally, it is not entirely clear which measures are caught by provisions on the freedom of establishment and the free movement of capital.

scholarly journals O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

2021 ◽  
Vol 13 (13) ◽  
pp. 469-480
Author(s):  
Alexandre Coutinho Pagliarini ◽  
Maria Fernanda Augustinhak Schumacker Haering Teixeira
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Right ◽  
Economic Bloc ◽  
The Guardian ◽  
Second World

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.

14. Free Movement of Goods II

2021 ◽  
pp. 557-596
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
General Internal ◽  
The Common ◽  
Free Movement Of Goods

This chapter examines the constitutional principles governing positive integration. It begins by analysing the scope and nature of the two general internal market competence(s): Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU). The European Union has an—almost—unlimited competence to harmonize national laws that affect the establishment or functioning of the internal market. The chapter then looks at the more limited special competences given to the Union in Articles 113 and 118. It also investigates how the Union can use its internal market competences via distinct harmonization methods. Finally, the chapter offers an excursion into a particular, yet fundamentally important, aspect of positive integration in the internal market: the Common Agricultural Policy.

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