scholarly journals Towards a Celebration of 50 Years of European Union

2007 ◽  
Vol 38 (1) ◽  
pp. 5
Author(s):  
A H Angelo ◽  
Rebekah C Plachecki
Keyword(s):  
European Union ◽  
Pacific Region ◽  
The European Union ◽  
Direct Relevance ◽  
The Pacific ◽  
The Creation ◽  
The Eu

The article provides an introduction to the articles found in this issue of the Victoria University of Wellington Law Review. The authors state that the purpose of the collection of articles is to mark and celebrate the creation of the European Union ('EU') while acting as clear evidence of the dynamism of the EU. The authors note that the articles reflect on a range of topics – many of them with direct relevance to the peoples and countries of the Pacific region. 

scholarly journals Die EU und ihre Nachbarschaftsbeziehungen: etablierte Assoziierungsmodelle und neue Grundformen

IG ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 83-96 ◽  
Author(s):  
Barbara Lippert
Keyword(s):  
European Union ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
The Creation ◽  
The Eu

In this article, the author presents established models of association of the European Union (EU) with European third countries. She shows their different strategic perspectives, outlines benefits and problems, and examines the potential for developing these relations. Basically, these can go in the direction of expanding or dismantling partial sectoral integration. In addition, new basic forms of EU neighbourhood relations are discussed: the introduction of a new status of partial membership in the EU and - inspired by the European Economic Area - the creation of a European political and economic area.

Negative and Positive Integration in EU Economic Law: Between Strategic Denial and Cognitive Dissonance?

2012 ◽  
Vol 13 (8) ◽  
pp. 979-1012 ◽  
Author(s):  
Pedro Caro de Sousa
Keyword(s):  
European Union ◽  
Market Integration ◽  
Due Process ◽  
Political Process ◽  
Prima Facie ◽  
Internal Market ◽  
The European Union ◽  
Degree Of Control ◽  
The Creation ◽  
The Eu

It is a generally held assumption that the EU economic free movement rights are tools in the creation of a European internal market; and that their main goal is the (negative) market integration of different national markets. Yet these freedoms do not determine how market integration is to proceed, or which kind of integrated European market will emerge. The resulting market may be more or less regulated, and the creation of the relevant regulatory rules may be allocated to a variety of sources. These options are reflected in the different proposed tests used to determine whether a national measure prima facie infringes one of the market freedoms. The proposed tests fall into two main categories—broad tests and narrow tests—and each type has its own implications for European integration. Broad tests, usually associated with obstacle tests or even with economic due process clauses, tend to be seen as having three main outcomes. One result of broad tests is centralization, implying that ultimate decisions concerning the legitimacy of national law rests with EU institutions, and particularly with the Court of Justice of the European Union (“the Court” or “CJEU”). Another outcome of broad tests is the possible harmonization of national laws through the European political process by increasing the amount of national legislation susceptible to being harmonized under Articles 114 to 118 on the Treaty on the Functioning of the European Union (“TFEU”). A third consequence of broad tests is deregulation through the elimination of national rules creating obstacles to trade. Alternatively, narrow approaches-usually associated with discrimination or typological tests-are usually coupled with regulatory pluralism via a greater degree of control of the harmonization competences of the EU, decentralization through the protection of a greater sphere of Member States' autonomy, and economic agnosticism. Views on the potential outcomes of broad and narrow tests are, in turn, related to normative debates about the ideal levels of centralization, harmonization, and regulation in the internal market.

scholarly journals The Problem of Gibraltar in British-Spanish Relations in the Context of Brexi

2020 ◽  
Vol 99 (6) ◽  
pp. 64-75
Author(s):  
Natalia Anikeeva ◽  
◽  
Natalia Kapitonova ◽  
Keyword(s):  
European Union ◽  
European Commission ◽  
Regional Cooperation ◽  
European Council ◽  
Controversial Issues ◽  
The European Union ◽  
Freedom Of Movement ◽  
The Creation ◽  
The Uk ◽  
The Eu

The article deals with the problem of Gibraltar in British-Spanish relations in light of Brexit. The provisions of the Treaty of Utrecht in 1713 do not allow the UK and Spain to reach a compromise and move forward in resolving the dispute over Gibraltar. From Britain’s perspective, the Gibraltar issue appears to be a permanent and irritating element in relations with Spain. Gibraltar does not seek to return to the jurisdiction of Spain, as indicated by the results of referendums held in Gibraltar in 1967 and 2002. During the negotiations on regional cooperation in 2004, the parties announced the creation of the Forum "Dialogue on Gibraltar". In 2006, within the framework of the first ministerial meeting of the Forum, the Cordoba agreement was signed, which does not mention the problem of sovereignty, as well as other controversial issues of the Gibraltar problem, but specifically settles inter alia the problem of freedom of movement according to one of the fundamental principles of the EU. Spain considered Brexit as an opportunity to resolve a long-running historic dispute with London. According to Madrid, all parties lose from Brexit. At the same time, Spain managed to strengthen its position on the Gibraltar issue, having enlisted the support of the European Commission and the European Council. The UK as a whole voted to leave the European Union. This puts the Gibraltar in a difficult position: they do not want to leave the EU, but at the same time intend to keep belonging to the British crown.

scholarly journals Untitled

2006 ◽  
Vol 12 ◽  
pp. 36-41
Author(s):  
Ana Maria Anghelea
Keyword(s):  
European Union ◽  
Maastricht Treaty ◽  
National Identities ◽  
European Identity ◽  
The European Union ◽  
Potential Threat ◽  
Member States ◽  
The Creation ◽  
The Eu

When at the end of the 1980s the EU launched a number of policies aimed to creating a European identity, the member states responded by incorporating into the Maastricht Treaty a clause stating that the European Union should respect the member states’ respective national identities (article F, point1). This reaction, along with the introduction of principle of subsidiary and the rejection of the word “federal”, revealed that many member states considered the creation of a European identity as a potential threat to their own national identities and their citizen’s national loyalties (Hojelid, 2001).

scholarly journals THE EUROPEAN UNION TRAINING MISSION IN MALI – HUNGARY’S INVOLVEMENT IN THE MISSION

2013 ◽  
pp. 25-37
Author(s):  
János Besenyő
Keyword(s):  
European Union ◽  
Detailed Analysis ◽  
Military Intervention ◽  
The European Union ◽  
Military Assistance ◽  
Underlying Causes ◽  
The Creation ◽  
Insight Into ◽  
The Eu

Following the limited military intervention in Mali in 2013, the European Union decided to launch a training mission tasked with the modernization of the Malian government army and the provision of military assistance. The essay’s main goal is to provide a detailed analysis of the EU’s training mission in Mali (EUTM Mali), beginning with the events leading up to the creation of the mission, then proceeding with the description of the mission and its execution so far. The article examines the underlying causes that the mission strives to solve, as well as the situational chal- lenges that the EU faces in Mali. It also provides insight into the role Hungary un- dertakes in EUTM Mali. Po omejenem vojaškem posredovanju v Maliju leta 2013 se je Evropska unija odločila začeti misijo za usposabljanje za posodobitev vojske malijske vlade in zago- tovitev vojaške pomoči v državi. Glavni cilj tega prispevka je predstaviti podrobno analizo misije EU za usposabljanje v Maliju (EUTM Mali). Avtor začne prispevek z opisom dogodkov, ki so privedli do oblikovanja misije, ter nadaljuje z opisom misije in njenega izvajanja do zdaj. V njem preučuje vzroke za krizo, ki jih misija poskuša odpraviti, in situacijske izzive, s katerimi se EU spoprijema v Maliju, ponudi pa tudi vpogled v vlogo Madžarske v EUTM v Maliju.

Nationalistic Independent Movements Within the European Union and Its Challenge to Create a Territorial Identity

2020 ◽  
pp. 283-301 ◽  
Author(s):  
Demi Wilhelmina Maria van Huisseling
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Civil Wars ◽  
European Identity ◽  
Main Question ◽  
The European Union ◽  
Territorial Identity ◽  
The Past ◽  
The Creation ◽  
The Eu

Throughout history, humanity has been known to move in groups as a way of surviving, to expand their identity and culture. In Europe this has led to international and civil wars in the past but changed with the creation of the European Union. This chapter analyzes the creation and demarcation of nations during the past, the territorial identity that was formed and the need of the EU to create a European Identity to overcome the threat of independent movements. Secessionist nationalistic movements have gained importance since the economic crisis which started in 2007 and have been rising in different regions and countries of the EU. The main question that needs to be solved in this chapter: How does the EU cope with the rise of new nationalistic movements? It can only be overcome with the creation of a European territorial identity.

scholarly journals Non-bank financial companies vs. banks in the European Union: a serious regulatory asymmetry with consequences

2013 ◽  
Vol 11 (1) ◽  
pp. 18-23
Author(s):  
Grażyna Szustak
Keyword(s):  
European Union ◽  
Financial Market ◽  
Systemic Risk ◽  
Banking System ◽  
The European Union ◽  
Negative Effects ◽  
The Creation ◽  
The Eu

This paper discusses the urgent need to regulate the parallel banking system, an issue which is growing in strength – and which is both topical and very important for the security and stability of the EU financial market. It aims to identify the roles and motives of banks in the creation and development of EU NBFCs, with particular focus on the regulatory asymmetry between them. It also analyses the currently emerging and possible future negative effects of such cooperation, including a dangerous accumulation of systemic risk.

Towards a more integrated primary issuance market for securities in the EU: Legal and policy issues

2020 ◽  
Vol 27 (2) ◽  
pp. 137-157
Author(s):  
Phoebus Athanassiou
Keyword(s):  
European Union ◽  
21St Century ◽  
Securities Markets ◽  
The European Union ◽  
Policy Issues ◽  
Securities Law ◽  
European Central ◽  
Regulated Markets ◽  
The Creation ◽  
The Eu

In the wake of the second decade of the 21st Century, European securities markets remain fragmented along national borders in terms of the rules, procedures and practices that regulated markets in different Member States apply for the primary issuance and distribution of transferable securities. This paper explores how the creation of a European Central Securities Depository for the primary issuance and distribution of securities across the European Union could help overcome fragmentation in the primary issuance market. We conclude that, even if desirable, the creation of a European Central Securities Depository could only achieve its objectives in combination with the introduction of a de minimis body of European private securities law to complement and render its creation meaningful and effective. It is the introduction of precisely such a body of law that would represent the most significant (even if only indirect) contribution of a European Central Securities Depository towards more harmonisation in primary issuance processes across the European Union.

16. Customs union

2020 ◽  
pp. 358-374
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Free Movement ◽  
Customs Union ◽  
The European Union ◽  
Equivalent Effect ◽  
The Common ◽  
Free Movement Of Goods ◽  
The Creation ◽  
Taxation System ◽  
The Eu

This chapter examines the creation of the customs union to ensure free movement of goods within the European Union (EU), discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU). The chapter considers the significance of the common customs tariff applicable to all imported goods from outside the EU and explains the prohibition on customs duties and on discriminatory taxation. It also explains that the prohibition on discriminatory taxation serves to prevent Member States from circumventing the prohibition on customs duties by discriminating against imports via their internal taxation system. The chapter also highlights criticisms of the Court of Justice’s (CJ) approach to customs duties and measures having an equivalent effect.

scholarly journals Kompetencja instytucji Unii Europejskiej do ustanawiania i kształtowania norm prawa karnego materialnego

2018 ◽  
pp. 107-119
Author(s):  
Georgi Gruew
Keyword(s):  
European Union ◽  
Criminal Law ◽  
European Parliament ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
The Subject ◽  
The Creation ◽  
Principle Of Proportionality ◽  
The Eu

The paper focuses on the competence of the European Parliament and the EU Council to adopt directives in the area of substantive criminal law provided in Articles 83 and 84 of the TFEU, which confirm the earlier ECJ rulings on the subject. The competence granted to those institutions also ensure greater effectives of the adopted directives in combating serious crimes within the European Union. The creation of certain ‘emergency brakes’ and application of the principle of proportionality taking into account the fundamental principles of criminal law systems of individual Member States, has enabled the EU institutions to establish common definitions of most serious crimes.

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