scholarly journals Deciphering the phenomenon of land grabbing within the framework of the European Union

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Adriana Fillol Mazo ◽  
José Soriano García
Keyword(s):  
European Union ◽  
Latin American ◽  
Agricultural Land ◽  
Small Scale ◽  
Land Grabbing ◽  
Legal Analysis ◽  
The European Union ◽  
European Union Law ◽  
Europe Today ◽  
The Eu

When we talk about land grabbing, or problems around land, we do not really think that this is a phenomenon that is also occurring within the EU, but rather we think mainly of other parts of the world, such as the Global South, Latin American states or Africa. However, the reality is that in Europe today, the concentration of land under increasingly large farms controlled by fewer hands (partly as a result of land grabbing and reduced access to land for small-scale food producers) is accelerating. The aim of our work is to provide an overall legal, social and political analysis of the phenomenon of land grabbing, particularly of agricultural land, within the EU, presenting the main legal and political challenges that arise ad intra.   We will also focus on the analysis of certain European Directives that have an impact on the Union's policy on biofuels and therefore also on possible ad extra land grabs that are carried out within the framework of the European Union. The issues presented in this work are complex and multidisciplinary, so we can approach them from different perspectives. However, in order to shorten the scope of the study, we have taken into account the basis of land grabbing within the framework of European Union law. In this sense, the scientific method that has been used is the legal-sociological one, insofar as it is the one that we consider the most appropriate for the multidisciplinary approach. This method consists of analyzing the current state of the rules and the interrelationship between the possible legal sources but taking into account the social, economic, political and historical elements that allow to explain the effectiveness, rationale and applicability of the rules. This work has also required the use of a variety of methodological techniques, such as social and legal analysis, legal deduction and induction, description and interdisciplinarity.

Das Brexit-Abkommen und Europarecht

2020 ◽  
Author(s):  
Robert Frau
Keyword(s):  
European Union ◽  
Member State ◽  
The Political ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
Political Debate ◽  
European Union Law ◽  
Economic Law ◽  
The Eu

This book analyses the legality of the Brexit agreement under European Union law. While the political debate has been highly publicised in recent months, a legal analysis was always lacking. This legal analysis deals with the interpretation and application of the draft withdrawal agreement, the ECJ’s responsibilities, EU citizenship for British citizens after Brexit, the framework within which British authorities can apply EU law, creating laws after Brexit as well as the law on movement of goods and customs. This monograph compares the agreement with other manifestations of integration and association throughout the European Union, and it deals with the ECJ’s jurisprudence extensively. Last but not least, it applies the agreement to the external economic law of the EU. Beyond Brexit, the monograph proposes a framework for the application of EU law by a non-member state.

scholarly journals The Relationship Between the European Union Law and the Double Tax Treaties

2021 ◽  
Vol 61 (5) ◽  
pp. 277-286
Keyword(s):  
European Union ◽  
International Law ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
European Union Law ◽  
Legislative Changes ◽  
National Perspective ◽  
The Many ◽  
The Eu

The European Union law (EU law) and the international law are two different but complementary systems. The variety of cases, the dynamic matter, as well as the many legislative changes both from international and national perspective in the field of direct taxes, gives rise to the necessity to delineate the boundaries between the EU law and the international law. This would help to ensure the proper law enforcement and to limit the possible conflicts between them. In the present paper, through a comparative legal analysis of the relevant case law of the Court of Justice of the European Union (CJEU), the scope of the EU law is derived, as well as its interaction with international law. This helps to draw conclusions about their relationship, and in particular in the observance of their hierarchy in practical cases.

scholarly journals Ukraine – EU: Historical and Legal Analysis of European Integration

2017 ◽  
Vol 4 (3-4) ◽  
pp. 95-102
Author(s):  
Andriy Redko
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Analysis ◽  
The European Union ◽  
Main Attention ◽  
European Union Law ◽  
Eu Legislation ◽  
The Eu

This article analyzes the European integration of Ukraine in the context of the processes of integration and globalization. The main attention is paid to the European Union law and laws of Ukraine and the interaction between them. Two processes have been distinguished: the integration of the legislation in the European Union and the adaptation of the Ukrainian legislation to the EU legislation

scholarly journals Approaches to formation of strategies for development of administrative territories

2019 ◽  
Vol 67 ◽  
pp. 06026
Author(s):  
Oleksii Klok ◽  
Olha Loseva ◽  
Oleksandr Ponomarenko
Keyword(s):  
European Union ◽  
Strategic Management ◽  
Development Strategy ◽  
Regional Policy ◽  
Swot Analysis ◽  
Legal Analysis ◽  
The European Union ◽  
Territorial Development ◽  
Smart Specialization ◽  
The Eu

The article studies theoretical and methodological bases of the strategic management of the development of administrative territories, considers the essence of strategic management and formulates the advantages of using it in management of administrative territory. Based on the analysis of the key provisions of the EU regional policy, the strategy of “smart specialization” is considered as the most common approach to territorial development. Using the experience of the countries of the European Union as a basis, a BPMN diagram, describing the conceptual bases for the formation of a competitive territory strategy, was built. Practical approaches to the formation of strategies for the development of administrative territories operating in Ukraine, regulatory acts, in particular, that had a direct impact on the formation of the existing model of strategic territorial management, were analyzed. The main requirements to the content of the strategic plan were considered and the list of key provisions and analytical methods (socio-economic analysis, comparative analysis, SWOT-analysis, PESTLE-analysis, sociological analysis) was formulated. Using the comparative legal analysis of the experience of the European Union as a basis, a number of features can be highlighted that must be taken into account in the process of forming the administrative territory development strategy.

Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

2018 ◽  
Keyword(s):  
European Union ◽  
Social Life ◽  
The European Union ◽  
European Union Law ◽  
European Continent ◽  
External Relations ◽  
History Of ◽  
Judicial Protection ◽  
Political Economic ◽  
The Eu

Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

The Future of Intra-EU Investment Arbitration: Intra-EU Investment Arbitration under the ECT post Achmea

2019 ◽  
Vol 4 (1) ◽  
pp. 147-177
Author(s):  
Sahra Arif
Keyword(s):  
European Union ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Investment Arbitration ◽  
The Future ◽  
Energy Charter Treaty ◽  
Opposite View ◽  
The Relationship ◽  
The Eu

The Achmea judgment of the Court of Justice of the EU (CJEU) found that arbitration clauses in bilateral investment treaties (BITS) between Member States of the European Union are incompatible with European Union law. Following this, Member States attempted to invoke this judgment in relation to similar intra-EU arbitrations under the Energy Charter Treaty (ECT). Tribunals established under the ECT have however generally rejected the applicability of the Achmea judgement. While the EU Commission and the majority of Member States concluded that this judgment also precludes intra-EU ect arbitrations, a few Member States held the opposite view. The future of intra-EU ECT arbitrations therefore seems fragile in the least. A closer analysis of the decisions of ECT Tribunals, and the relationship between obligations under European Union law and international law however argues that the future of such intra-EU ECT arbitrations is not as fragile as it may seem.

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

scholarly journals Process analysis transit of municipal waste. Part I - International provisions of law

2017 ◽  
Vol 28 (2) ◽  
pp. 28-35
Author(s):  
Dariusz Starkowski ◽  
Paweł Bardziński
Keyword(s):  
European Union ◽  
Process Analysis ◽  
Waste Utilization ◽  
The European Union ◽  
Waste Streams ◽  
European Union Law ◽  
Legal Provisions ◽  
Waste Production ◽  
Legal Document ◽  
The Eu

Abstract One of the crucial reasons of the system changes of waste management in our legal system in Poland was a need to implement solutions and mechanisms that are applied in the European Union. At the European Union law level, a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives constitutes a basic legal document described in this part of the article. The essential idea of the quoted directive is creating legal measures, promotion of eliminating waste production and treating it as a source instead. Achievement of these assumptions requires providing segregation at source and recycling of the main waste streams above all. It is necessary to encourage this action and support the reuse of products and waste utilization. Indicated international legal instruments are of primary importance for internal rules, which shall be constructed in a way that enables the achievement of goals determined by the EU law. Legal-organizational internal systems associated with the management of waste have undergone substantial changes from 2010. National legal provisions will be presented in the second part of the article.

scholarly journals Religious Diversity and The Challenge of Multiculturalism: Contrasting Indonesia and The European Union

2020 ◽  
Vol 3 (2) ◽  
pp. 245
Author(s):  
Muhammad Wildan
Keyword(s):  
European Union ◽  
Religious Diversity ◽  
The State ◽  
Current Paper ◽  
Small Scale ◽  
Common Phenomenon ◽  
The European Union ◽  
The World ◽  
Social Tensions ◽  
The Eu

As the profile of religions in the world is changing rapidly, religious diversity is becoming a more common phenomenon nowadays in almost every society. Indonesia and European Union (EU) are not an exception to be more diverse and plural societies. Although religious diversity gives such richness of culture in society, religions are known as vulnerable entities. Many social problems caused by religions brought about various conflicts and violent actions on a big scale and also numerous hostilities, discriminations, and hatred on a small scale. Many regulations have been issued to address such social tensions both in Indonesia and the EU. However, many conflicts, hostilities or discriminations are recurring in both Indonesia and EU states. Interestingly, in many cases, hostilities and discrimination even done by the apparatus of the state. The current paper is dedicated to explore how these countries deal with religious diversity and whether there are social tensions and discriminations occurred. Religion as a common phenomenon in the world should be seen more as a challenge for every country rather than a contentious threat.

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