Swobody rynku wewnętrznego a ograniczenia obrotu nieruchomościami rolnymi

2021 ◽  
pp. 395-412
Author(s):  
Adrianna Suska
Keyword(s):  
European Union ◽  
Real Estate ◽  
Natural Habitat ◽  
Internal Market ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Impact ◽  
The Relationship ◽  
Property Acquisition

This article aimed to outline the relationship between the freedoms of the internal market and agricultural real estate transactions in the Member States of the European Union. National regulations limiting the possibility of agricultural property acquisition are often considered as violations of European law. However, restrictions can be justified by the reasons listed in the Treaty on the Functioning of the European Union and mandatory requirements. Moreover, nowadays, it is necessary to find the most appropriate response to natural habitat devastation. A proper land economy can have a tremendous role in preserving the planet; therefore, it seems that every analysis of national restrictions must include the impact of the laws on the environment.

15. Harmonisation

2020 ◽  
pp. 340-357
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Member State ◽  
Mutual Recognition ◽  
Internal Market ◽  
The European Union ◽  
Individual Action ◽  
Member States ◽  
General Power ◽  
The Relationship

This chapter examines the effectiveness of harmonisation in removing barriers to the four freedoms of the internal market in the European Union (EU). It explains the degree of variation amongst negative, positive, total and minimum harmonisation. It considers the relationship between mutual recognition and harmonisation and discusses concerns regarding the freedom of Member States to take individual action in harmonised fields and Member State competence. It evaluates the scope of the EU’s power to enact harmonising measures in the context of the internal market and the extent to which the Union effectively has a general power to regulate. The chapter also discusses the relevant procedures of Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU).

16. Harmonisation

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Internal Market ◽  
The European Union ◽  
Individual Action ◽  
Member States ◽  
General Power ◽  
The Relationship

This chapter examines the effectiveness of harmonisation in removing barriers to the four freedoms of the internal market in the European Union. It considers the relationship between harmonising measures and underlying Treaty provisions, and discusses concerns regarding the freedom of Member States to take individual action in harmonised fields. It evaluates the scope of the EU's power to enact harmonising measures in the context of the internal market and the extent to which the Union effectively has a general power to regulate. The chapter also discusses the relevant procedures of Article 114 of the Treaty on the Functioning of the European Union (TFEU).

scholarly journals Social devolution and the impact of European Union Law: A critical analysis

2019 ◽  
Vol 21 (2) ◽  
pp. 192-206
Author(s):  
Herwig Verschueren
Keyword(s):  
European Union ◽  
Member State ◽  
Social Protection ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Coordination System ◽  
The Impact ◽  
The Relationship

This article examines the extent to which EU law impacts on the relationship between the sub-national entities of a Member State where these sub-national entities have regulatory powers in the field of social protection. More specifically, it explores whether the criteria relied on in EU law for determining the scope of the circles of solidarity in the relationship between the Member States can also be applied in the context of the relations between the sub-national entities of regionalised Member States. It appears that EU law on the free movement of persons influences these matters, more specifically the European social security coordination system that determines to which national circle of solidarity a person migrating between Member States belongs. Indeed, in its judgment in the Flemish care insurance case, the Court of Justice of the European Union (CJEU) also applied these rules to some categories of persons in a cross-border situation between different regions of a single Member State. This article critically analyses this case law specifically in terms of respect for the regionalised identity of socially devolved Member States. It concludes that this kind of respect requires that in the context of the relations between sub-national entities of a regionalised Member State, the domestic constitutional rules determining the boundaries of circles of solidarity between these entities should, in all circumstances, have preference over the EU rules applicable between Member States.

Free Movement of Goods and Environmental Protection in EU Law: A Troubled Relationship?

2013 ◽  
Vol 15 (2) ◽  
pp. 171-201 ◽  
Author(s):  
Charles Poncelet
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Free Movement Of Goods ◽  
The Relationship

Abstract This article examines the relationship between the principle of free movement of goods and the protection of the environment under the umbrella of European Union (EU) law. It will be discussed whether Member States are suitably provided with legal means which enable them to take due account of environmental circumstances when they take measures which have an impact on the circulation of goods within the internal market. To this end, the relevant provisions of the Treaty on the Functioning of the European Union (TFEU) will be critically analysed in the light of their interpretation by the Court of Justice of the European Union (CJEU) over the last decades. Particular emphasis will be given to a recent decision of the CJEU which has shed new light on this subject.

scholarly journals Examining the Relationship between Income Inequality and Growth from the Perspective of EU Member States’ Stage of Development

2021 ◽  
Vol 13 (9) ◽  
pp. 5204
Author(s):  
Ionuț Jianu ◽  
Marin Dinu ◽  
Dragoș Huru ◽  
Alexandru Bodislav
Keyword(s):  
Economic Growth ◽  
European Union ◽  
Income Inequality ◽  
Optimum Level ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Stage Of Development ◽  
The Impact ◽  
The Relationship

In this paper, we examined the relationship between income inequality and economic growth from the perspective of each country’s level of development in the European Union, this linkage being reviewed using the median of GDP per capita expressed in the purchasing power standard to split the European Union Member States into two clusters of 14 countries each. Furthermore, we estimated the impact of income inequality on economic growth during the 2010–2018 period at the level of both clusters using the Estimated Generalized Least Squares with a fixed effects method, reinforced by the cross-section weights option. Our results show that income inequality is positively linked to economic growth in the case of developed EU Member States, while for developing EU countries, income inequality is detrimental to growth. This also demonstrates that income gaps may have positive and negative effects on growth depending on the stage of development, this providing important evidence for the need to promote an optimum level of income inequality.

Gobernanza económica europea y modelo territorial de distribución del poder

2013 ◽  
pp. 153-191
Author(s):  
Ainhoa LASA LÓPEZ
Keyword(s):  
European Union ◽  
The European Union ◽  
European Level ◽  
Euro Pean ◽  
Economic Constitution ◽  
The One ◽  
The Impact ◽  
The Relationship ◽  
The Ideal

LABURPENA: Artikulu honetan, Europar Batasuneko botere-artikulazio berriak erkidegotan osatutako Espainian zer eragin daukan aztertuko dugu. Europa mailako politika-ekonomia erlazioak funtsezko bi koordenatu izan behar ditu ezinbestean. Alde batetik, Europako konstituzio-ordena ez dela gizartearen konstituzionalismoaren koordenatuetan ernatutako ordenaren berdina. Bestetik, Europako konstituzio ekonomikoa Europa bat egiteko proiektuak berarekin dakartzan aldaketa berriak gorpuzteko eremua dela. Izan ere, funtsean, Europako konstituzio ekonomikoa plataforma ezin hobea delako boterearen artikulazioa berria nola artikulatu asmatzeko, Europa guztirako. RESUMEN: el objetivo de este artículo es analizar el impacto que tiene la nueva articulación del poder en la Unión Europea en el Estado español de las autonomías. La relación política-economía a nivel europeo debe tener en cuenta dos coordenadas fundamentales. Por una parte, la consideración del orden constitucional europeo como un orden distinto al gestado bajo las coordenadas del constitucionalismo social. Por otra, la caracterización de la constitución económica europea como ámbito de materialización de las nuevas transformaciones que incorpora el proyecto de integración europeo. Fundamentalmente, porque la constitución económica europea representa la plataforma idónea desde la que dilucidar la nueva articulación del poder desde el espacio supranacional europeo. ABSTRACT: The aim of this paper is to analyse the impact of the new articula tion of power in the European Union in the Spanish state of autonomies. The relationship between politics and economy at European level must take into consideration two fundamental coordinates. On the one hand, the Euro pean constitucional system appears as a system opposite to that of social constitutionalism. Moreover, the characterization of the European economic constitution as a field of realization of the new transformations incorporated by the European project. Specially, because this represents the ideal platform in order to analyse the new articulation of power from European supranational space.

IMPACT OF EDUCATIONAL ATTAINMENT ON WORKERS’ INCOMES

2021 ◽  
Vol 562 (1) ◽  
pp. 18-23
Author(s):  
Władysław Bogdan Sztyber
Keyword(s):  
Higher Education ◽  
European Union ◽  
Secondary Education ◽  
Income Level ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Level Of Education ◽  
The Impact ◽  
Oecd Data

The article presents the impact of the level of education of employees on their income in various terms. One of them is a study based on the OECD data from 2004–2005, which shows the differentiation of incomes of employees with different levels of education on the basis of the relative differentiation between them, assuming the income level of employees with upper secondary education as 100 and referring to it respectively the income level of employees with higher education and the level of income of employees with lower secondary education. The article then presents a more elaborate study of the impact of the level of education of employees on their incomes in the European Union, included in the Report “The European Higher Education Area in 2015”. This survey shows the impact of the education level of employees on the median of their gross annual income in the European Union and in the individual Member States. The article also compares the income differentiation depending on the level of education, based on the OECD data for 2004–2005, with the results of surveys on European Union Member States in 2010 and 2013.

5. Article 102

2021 ◽  
pp. 180-223
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Union ◽  
Internal Market ◽  
Single Market ◽  
Substantial Part ◽  
The European Union ◽  
Member States ◽  
Dominant Position ◽  
Dominant Firms ◽  
Abuse Of Dominance

This chapter discusses the main features of Article 102 of the Treaty of Functioning of the European Union (TFEU), which is concerned with the abusive conduct of dominant firms. It begins by discussing the meaning of ‘undertaking’ and ‘effect on trade between Member States’ in the context of Article 102. It then considers what is meant by a dominant position and looks at the requirement that any dominant position must be held in a substantial part of the internal market. Thereafter it discusses some general considerations relevant to the concept of abuse of dominance, followed by an explanation of what is meant by ‘exploitative’, ‘exclusionary’ and ‘single market’ abuses. It then discusses possible defences to allegations of abuse, and concludes by considering the consequences of infringing Article 102.

Differentiation through Derogations—Contesting Internal Market Discipline

2019 ◽  
pp. 143-179
Author(s):  
Maria Weimer
Keyword(s):  
European Union ◽  
Market Discipline ◽  
Internal Market ◽  
The European Union ◽  
Practical Application ◽  
Member States ◽  
Strict Interpretation ◽  
Opt Out ◽  
Decentralized Governance ◽  
Legal Frameworks

This chapter examines attempts to accommodate diversity and disagreement on issues of agricultural biotechnology in the European Union through derogation mechanisms, such as those contained in Article 114 TFEU. More specifically, it considers whether derogations can lead to differentiation in EU harmonization to regulate risk in the internal market. The chapter begins with a discussion of pathways of differentiation available under EU harmonized legal frameworks, with particular emphasis on opt-out clauses under Article 114(4) and (5) TFEU and safeguard clauses in EU secondary legislation. It then explores the practical application of these clauses in the field of GMOs, showing that their strict interpretation by both the Commission and the CJEU leaves little room for differentiation and decentralized governance after GMO authorization. Finally, the chapter analyses the contestation by Member States of such strict interpretation. By continuously invoking opt-outs and safeguards, Member States have achieved de facto differentiation through disobedience.

Právně ekonomické aspekty kritéria právního státu jako podmínky pro přidělení prostředků z rozpočtu EU

2021 ◽  
pp. 126-143
Author(s):  
Tereza Čejková
Keyword(s):  
European Union ◽  
Civil Rights ◽  
European Commission ◽  
Rule Of Law ◽  
Legal Aspects ◽  
The State ◽  
The European Union ◽  
Member States ◽  
Financial Framework ◽  
The Impact

After expressing concerns about the state of democracy and civil rights in Poland and Germany in recent years, the European Commission proposed to implement the so-called rule of law condition in the 2021–2027 multiannual financial framework scheme, under which EU budget funding would not be allocated to those Member States which do not comply with the condition. This work will examine the financial and legal aspects of this condition and assess the impact of its application on the economy of the European Union.

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