scholarly journals Przeciwdziałanie emisjom do powietrza. Analiza ochrony atmosfery i regulacji dotyczących zanieczyszczeń w Wielkiej Brytanii przed przystąpieniem, w trakcie i po opuszczeniu UE

2021 ◽  
pp. 76-92
Author(s):  
Joseph McMullen ◽  
Tilak Ginige
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Industrial Revolution ◽  
The European Union ◽  
European Union Law ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Legal Responses ◽  
Domestic Legislation ◽  
And Function

Air pollution is a severe issue in the United Kingdom. Legal and scientific efforts to combat the deleterious health effects arising from polluted air are wide-ranging but suffer a lack of enforcement. The issue of enforcement is a central theme within this paper; the most stringent or ambitious limits are meaningless without enforcement. Legal responses to specific pollutants and polluting industries are first explored to establish a narrative of the United Kingdom’s approach to air quality protection throughout the Industrial Revolution. Legal issues and regulatory methods during the United Kingdom’s membership of the European Union are then discussed in juxtaposition to domestic historical approaches, acknowledging the United Kingdom’s utilisation of displacement methods and general failures to adhere to European Union law. Beyond 2020, the retention and function of EU-derived and domestic legislation is considered in light of Brexit. The United Kingdom faces – post-Brexit – an opportunity for improvement in its atmospheric quality. However, without the enforcement capabilities of the Court of Justice of the European Union there is a real possibility that atmospheric quality in the United Kingdom will face a severe and dangerous regression – becoming, once again, the “dirty man of Europe”.

scholarly journals BREXIT AND THE IMPLICATIONS FOR TACIT CHOICE OF LAW IN THE UNITED KINGDOM

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Garth Bouwers
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
European Union Law ◽  
Choice Of Law ◽  
Applicable Law ◽  
The United Kingdom

The influence of European Union law on the United Kingdom is noteworthy. In the commercial arena, it has transformed the rules of private international law in the United Kingdom. The European Union has established a common framework for jurisdiction of national courts, the recognition and enforcement of judgments and the determination of the applicable law. The article highlights the implications of Brexit on the determination of the applicable law in the United Kingdom, more specifically, its impact on a tacit choice of law in international commercial contracts. The article examines the current legal position in the United Kingdom (i.e. the legal framework in a so-called “soft-Brexit” scenario). Secondly, the article analyses the effect of a complete withdrawal from the European Union (i.e. the legal framework in a “hard- Brexit” scenario).

Overview of Climate Change Litigation

2019 ◽  
Vol 113 ◽  
pp. 194-197
Author(s):  
Michael Gerrard
Keyword(s):  
Climate Change ◽  
United States ◽  
European Union ◽  
United Kingdom ◽  
The United States ◽  
The European Union ◽  
The United Kingdom ◽  
Court Of Justice ◽  
International Tribunals

Climate change litigation is a global phenomenon. According to a database maintained by the Sabin Center for Climate Change Law, as of February 4, 2019 a total of 1,297 climate cases had been filed in courts or other tribunals worldwide. Of these, 1,009—78 percent—were from the United States, Australia was a distant second, with ninety-eight, followed by the United Kingdom with forty-seven. No other country had as many as twenty. The cases were filed in twenty-nine countries and six international tribunals, led by the Court of Justice of the European Union, which had forty-one.

Commission v. Kadi

2013 ◽  
Vol 107 (4) ◽  
pp. 878-884
Author(s):  
Clemens A. Feinäugle
Keyword(s):  
European Union ◽  
United Kingdom ◽  
United Nations ◽  
European Commission ◽  
Judicial Review ◽  
International Terrorism ◽  
The European Union ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Commission Regulation

In the joined cases brought by the European Commission (Commission), the United Kingdom, and the Council of the European Union (EU) against Yassin Abdullah Kadi, decided on July 18, 2013, the Court of Justice of the European Union (ECJ or Court) sustained the judgment of the General Court that had annulled the Commission regulation freezing Kadi’s funds in accordance with the mandate of the United Nations Security Council’s sanctions committee. The ECJ ruled that, although the majority of the reasons relied on by EU authorities for listing Kadi were sufficiently detailed and specific to allow him to exercise his rights of defense and judicial review effectively, no information or evidence had been produced to substantiate the allegations, when challenged by Kadi, that he had been involved in activities linked to international terrorism.

scholarly journals Freedom of Expression and Events of Major Importance: An Analysis of the Issues in Union des associations européennes de football (UEFA) v European Commission in the context New Zealand

2021 ◽  
Author(s):  
◽  
Philip Zander
Keyword(s):  
European Union ◽  
United Kingdom ◽  
New Zealand ◽  
European Commission ◽  
Freedom Of Expression ◽  
The European Union ◽  
Member States ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Current Action

<p>This paper discusses the context of a Directive of the European Union which allowed for events of major importance to society to be listed and televised in a manner deemed appropriate by Member States. Union des associations européennes de football challenged the validity of the acceptance of the list of the United Kingdom by the European Commission in 2007. The challenge questioned whether the entirety of the European Championship finals could be included in the list given that this appeared to breach multiple rights and all the matches may not be of major importance.  The General Court of Europe and the Court of Justice of the European Union both found for the United Kingdom, highlighting that their powers were limited in respect of the current action. In doing so the courts left open the question of whether the designation properly balanced relevant rights. As every nation has a different context that may influence the balancing of these rights, any decision on the validity of the designation would have to consider large quantities of information. This paper aims to discuss the designation of the EURO championships in light of the circumstances of New Zealand.</p>

scholarly journals Freedom of Expression and Events of Major Importance: An Analysis of the Issues in Union des associations européennes de football (UEFA) v European Commission in the context New Zealand

2021 ◽  
Author(s):  
◽  
Philip Zander
Keyword(s):  
European Union ◽  
United Kingdom ◽  
New Zealand ◽  
European Commission ◽  
Freedom Of Expression ◽  
The European Union ◽  
Member States ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Current Action

<p>This paper discusses the context of a Directive of the European Union which allowed for events of major importance to society to be listed and televised in a manner deemed appropriate by Member States. Union des associations européennes de football challenged the validity of the acceptance of the list of the United Kingdom by the European Commission in 2007. The challenge questioned whether the entirety of the European Championship finals could be included in the list given that this appeared to breach multiple rights and all the matches may not be of major importance.  The General Court of Europe and the Court of Justice of the European Union both found for the United Kingdom, highlighting that their powers were limited in respect of the current action. In doing so the courts left open the question of whether the designation properly balanced relevant rights. As every nation has a different context that may influence the balancing of these rights, any decision on the validity of the designation would have to consider large quantities of information. This paper aims to discuss the designation of the EURO championships in light of the circumstances of New Zealand.</p>

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

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