scholarly journals Lobbying in institutions of European Union

2010 ◽  
Vol 62 (2) ◽  
pp. 348-384
Author(s):  
Srdjan Korac
Keyword(s):  
Public Relations ◽  
Multinational Corporations ◽  
Third Party ◽  
Democratic Legitimacy ◽  
Negative Effects ◽  
Big Business ◽  
Institutional Control ◽  
Grass Root ◽  
Front Group ◽  
The Eu

The author analyses how big business interests groups influence the both EU legislative and policy making process, and by doing so how they distort pluralistic concept of public policy networking at the supranational level of governance. The enormous financial resources available to multinational corporations provide them the use of 'front group' strategy or the 'third party' strategy, manipulative public relations tactics, and an insider position in the European Commission's consultative fora, which all lead to exclusion of grass root groups. The author concludes that big business influence on the EU decision-makers will have negative effects on democratic legitimacy of the EU institutions, and he thinks that an efficient institutional control over lobbying activities in Brussels is needed.

scholarly journals Peculiarities of Civil Law Status of Customs Intermediary under the Legislation of Ukraine and the EU

2020 ◽  
pp. 226-233
Author(s):  
Dmytro SHUTIAK
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
National Level ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Party ◽  
Related Services ◽  
Legal Relationship ◽  
Provision Of Services ◽  
The Eu

The article explores the features of civil law regulation of customs mediation under the legislation of Ukraine and the EU. The author identifies the characteristics that distinguish customs mediation from similar institutions in other areas of management. The author substantiates the position that the legal relationship established between customs authorities and participants of foreign economic activity with the participation of a third party is a type of economic binding legal relationship, i.e. the legal relationship for the provision of intermediary services. Within the framework of customs legal relations, contracts of a civil law nature are considered as a specific way of the state's influence on this sphere of public relations. With the participation of customs intermediaries, certain economic and legal relations are established between customs authorities and participants in foreign economic activity. The content of customs intermediary activities should be determined through the provision of services mediated by civil law agreements, representing the interests of foreign economic activity in relations with customs authorities, the provision of customs and related services, the implementation of legally significant actions aimed at customs procedures. The analysis of EU legislation in the study area led the author to conclude that at the EU level not only general qualification requirements for customs intermediaries are set, but also principles, values and rules of conduct that encourage customs intermediaries to achieve high standards of professional ethics and proper implementation their responsibilities. Given the specifics of customs mediation in the EU, the author concludes that at EU level it is impossible to unify the standards of customs services, so to date access to the profession of customs agent in each entity, the Member State is subject to national jurisdiction with its requirements for candidates to the level of their skills and knowledge. The author emphasizes that at the national level it is advisable to integrate certain elements of the legal regulation of customs brokerage to ensure competitiveness, provide quality services and overcome gaps in legislation.

Democratic dilemmas in EU multilevel governance: untangling the Gordian knot

2009 ◽  
Vol 1 (2) ◽  
pp. 229-247 ◽  
Author(s):  
Achim Hurrelmann ◽  
Joan DeBardeleben
Keyword(s):  
Decision Making ◽  
Multilevel Governance ◽  
Imagined Communities ◽  
Democratic Legitimacy ◽  
Negative Effects ◽  
Multilevel Structure ◽  
Civil Society Participation ◽  
Democratic Control ◽  
Council Of Ministers ◽  
The Eu

This article discusses what implications the European Union’s (EU’s) multilevel structure has for its democratic legitimacy. It identifies three channels of democratic input in the EU – the European Parliament, national democratic processes influencing the Council of Ministers, and civil society participation in consultation procedures of the European Commission – and assesses them on the basis of a comprehensive set of criteria. The evaluation shows that the democratization of the EU faces three interlinked dilemmas. Most fundamentally, there is an incongruence in territorial scope between the issues requiring democratic control (increasingly European if not global) and the imagined communities necessary for the functioning of democratic procedures (primarily national). This ‘congruence dilemma’ intensifies contradictions between participation and deliberation, as well as between effectiveness and accountability in EU decision-making. Grand reforms that would solve these dilemmas once and for all are unlikely to be successful, but changes in the interplay of the three democratic channels – such as the disentanglement of political competencies, the formalization of inter-channel conciliation procedures, and the introduction of directly democratic mechanisms – promise to mitigate their negative effects.

Negative Media Effects and Islamic Remedies (Penyelesaian Kepada Kesan Negatif Media Menurut Perspektif Islam)

2010 ◽  
Vol 7 (2) ◽  
pp. 215
Author(s):  
Mohd. Shuhaimi Ishak
Keyword(s):  
Public Relations ◽  
Social Influences ◽  
The Political ◽  
Negative Effects ◽  
Essential Form ◽  
The Media ◽  
The Government ◽  
Effects Of Media ◽  
Political Economic

 Abstract Generally speaking, media is extensively used as the means to disseminate news and information pertaining to business, social, political and religious concerns. A portion of the time and space of media has now become an important device to generate economic and social activities that include advertising, marketing, recreation and entertainment. The Government regards them as an essential form of relaying news and information to its citizens and at the same time utilizes them as a powerful public relations’ mechanism. The effects of media are many and diverse, which can either be short or long term depending on the news and information. The effects of media can be found on various fronts, ranging from the political, economic and social, to even religious spheres. Some of the negative effects arising from the media are cultural and social influences, crimes and violence, sexual obscenities and pornography as well as liberalistic and extreme ideologies. This paper sheds light on these issues and draws principles from Islam to overcome them. Islam as revealed to humanity contains the necessary guidelines to nurture and mould the personality of individuals and shape them into good servants. Key Words: Media, Negative Effects, Means, Islam and Principles. Abstrak Secara umum, media secara meluas digunakan sebagai sarana untuk menyebarkan berita dan maklumat yang berkaitan dengan perniagaan, kemasyarakatan, pertimbangan politik dan agama. Sebahagian dari ruang dan masa media kini telah menjadi peranti penting untuk menghasilkan kegiatan ekonomi dan sosial yang meliputi pengiklanan, pemasaran, rekreasi dan hiburan. Kerajaan menganggap sarana-sarana ini sebagai wadah penting untuk menyampaikan berita dan maklumat kepada warganya dan pada masa yang sama juga menggunakannya sebagai mekanisme perhubungan awam yang berpengaruh. Pengaruh media sangat banyak dan pelbagai, samada berbentuk jangka pendek atau panjang bergantung kepada berita dan maklumat yang brekenaan. Kesan dari media boleh didapati mempengaruhi pelbagai aspek, bermula dari bidang politik, ekonomi, sosial bahkan juga agama. Beberapa kesan negatif yang timbul dari media ialah pengaruhnya terhadap budaya dan sosial, jenayah dan keganasan, kelucahan seksual dan pornografi serta ideologi yang liberal dan ekstrim. Kertas ini menyoroti isu-isu ini dan cuba mengambil prinsip-prinsip dari ajaran Islam untuk mengatasinya. Tujuan Islam itu sendiri diturunkan kepada umat manusia ialah untuk menjadi pedoman yang diperlukan untuk membina dan membentuk keperibadian individu dan menjadikan manusia hamba yang taat kepada Tuhannya. Kata Kunci: Media, Kesan Negatif, Cara-cara, Islam dan Prinsip-prinsip.

scholarly journals A Law and Economics Perspective on the EU Directive on Representative Actions

2021 ◽  
Author(s):  
L. Visscher ◽  
M. Faure
Keyword(s):  
Law And Economics ◽  
Class Action ◽  
Third Party ◽  
Collective Actions ◽  
Member States ◽  
Eu Directive ◽  
Opt Out ◽  
Contingency Fees ◽  
Party Funding ◽  
The Eu

AbstractThis article provides an analysis of the Directive on representative actions for the protection of the collective interests of consumers of 25 November 2020. The Directive enables qualified entities to bring representative actions on behalf of the consumer. The article uses a Law and Economics approach to stress the advantages of collective actions as a tool to remedy rational apathy and free-rider behaviour. The article therefore in principle welcomes the fact that this Directive will lead to all Member States having some form of collective redress. However, it is rather difficult to fit this Directive into the economic criteria for centralization as there is no obvious danger of cross-border externalities or a race-to-the-bottom. The article is critical of the fact that the Directive only provides for a representative action and does not mention the alternative of a group action (sometimes referred to as a class action). This is especially problematic if there are very few qualified entities that could bring the representative action. Furthermore, the fact that Member States may choose an opt-in procedure instead of an opt-out procedure is critically evaluated. The most problematic aspect of the Directive is the funding of the representative action. Punitive damages and contingency fees are rejected, and the possibility of third-party funding is restricted. It is therefore to be feared that this Directive, notwithstanding the good intentions, may not lead to much application in practice, since the question of how the representative action is to be financed is not resolved in any satisfactory manner.

Determinants of U.S. Exports to China

2008 ◽  
Vol 7 (3) ◽  
pp. 1-26 ◽  
Author(s):  
Barry Bosworth ◽  
Susan M. Collins
Keyword(s):  
United States ◽  
Multinational Corporations ◽  
Peer Group ◽  
Initial Point ◽  
The United States ◽  
Market Size ◽  
Gravity Equations ◽  
Point Of Departure ◽  
The Eu

This paper examines U.S. goods trade with China, focusing on the performance of exports. Throughout the analysis, we explore whether U.S. trade is unusual by contrasting it with trade from Japan and the EU-15.1 The issue is examined from three perspectives: the commodity composition of exports, the role of multinational corporations (MNCs), and the determinants of trade as specified in a formal “gravity model.” As an initial point of departure, we show that the commodity composition of U.S. exports to China is similar to the pattern of exports to the world as a whole, and that the operations of U.S. MNCs have only minor implications for trade with China. Consequently, we emphasize the estimation of a set of “gravity equations” that explore the role of market size and distance from the United States. Distance exerts a surprisingly large effect on trade. Finally, although exports to China may be a small share of U.S. GDP, they are relatively substantial compared to U.S. exports to other countries. In other words, the measure of U.S. trade performance in China is distorted by the low level of its exports to all countries. We present evidence that the United States underperforms as an exporter relative to a peer group of high-income European countries and Japan.

Democratic Legitimacy beyond the State: Politicization, Representation, and a Systemic Framework

2018 ◽  
Vol 5 (2) ◽  
pp. 281-303
Author(s):  
Jonathan William Kuyper
Keyword(s):  
Direct Relationship ◽  
The State ◽  
Democratic Legitimacy ◽  
Global Level ◽  
Constructivist View ◽  
International Authority ◽  
The Eu

Abstract Does the politicization of international authority help to reduce democratic deficits beyond the state? In this paper I argue that politicization provides a useful springboard for remedying democratic deficits at the EU and global level. Despite this promise, there are a range of concerns that inhibit a direct relationship between politicization and increased democratic legitimacy. The paper unpacks what politicization is and how it might relate to democratic legitimacy. It then argues that problems surrounding representation – in particular the constructivist view of representation – complicates this relationship. Significantly the notion of mobilization generates suspicions of democratic representational legitimacy. In response, the paper details a framework for assessing the democratic legitimacy of representative claims under conditions of politicization that responds to the aforementioned concerns. This framework is briefly applied to the cases of TTIP and TPP to show its merits.

The law applicable to third-party effects of assignment and the conflict rules for insolvency according to EU law

2019 ◽  
Vol 24 (4) ◽  
pp. 664-684
Author(s):  
Christian Heinze ◽  
Cara Warmuth
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Third Party ◽  
Legislative Process ◽  
Insolvency Law ◽  
Ongoing Debate ◽  
Good Opportunity ◽  
Insolvency Regulation ◽  
The Law ◽  
The Eu

Abstract In March 2018, the European Commission issued its proposal for a regulation on the law applicable to third-party effects of assignments of claims, aiming to put an end to the ongoing debate on this issue and the legal uncertainty associated with it. On the basis of the Commission’s decision in favour of the application of the law of the assignor’s habitual residence, this article discusses the consequences of the Proposal under European Union (EU) insolvency law. For that purpose, the coherence of the Proposal with the Insolvency Regulation will be examined, first in general and then in more detail. The analysis comes to the result that the Commission’s objective of aligning the Proposal with the legal framework of the Insolvency Regulation has predominantly been well achieved. The authors point out remaining minor inaccuracies that may be clarified in the further legislative process or by later case law. It is concluded that, from the perspective of international insolvency law, the proposed uniform conflict-of-laws rule at the EU level offers a good opportunity to promote legal certainty with regard to cross-border assignments of claims in the future.

scholarly journals Trade in Conflict Minerals -- Congolese Warlords, MNC’s, and Dodd-Frank 1502

Perceptions ◽  
2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Ankit Deshmukh
Keyword(s):  
Supply Chain ◽  
Multinational Corporations ◽  
Primary Source ◽  
Market Prices ◽  
News Sources ◽  
Conflict Minerals ◽  
The Us ◽  
Face Threats ◽  
Using Data ◽  
The Eu

This paper seeks to provide an overview of conflict mineral trade by analyzing it through an economic lens. Using data gathered from news sources, the memo first defines the term “conflict minerals” and identifies that the primary actors involved in the conflict mineral market are rebel militia groups and multinational corporations. The trade is mutually beneficial for these actors as it serves as the primary source of revenue for militia groups and allows multinational corporations to buy minerals at low costs. The memo also highlights the struggles legitimate Congolese miners face, as they face threats from militia groups and low market prices Also identified is Section 1502 of the Dodd Frank act, legislation which forces multinational corporations to list their mineral suppliers, thereby increasing supply chain transparency. While implemented with good intentions, it is extremely unsuccessful in stifling the conflict mineral trade as it lacks substantive regulatory measures. Furthermore, the EU and US plan to implement opposing conflict mineral trade policies — the EU looks to increase supply chain transparency while the US looks to repeal Section 1502 of Dodd Frank (an action which would decrease supply chain transparency). This paper believes that coordinated and homogenous action on the part of both federal governments and IGOs is necessary in order to concretely enforce restrictions on conflict mineral trade.

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