scholarly journals Implementation of the European Union Requirement to Coordinate Activities of Public Administration Authorities in the Process of the Authorisation, Certification, and Licensing of Renewable Energy Sources Investments

2020 ◽  
Vol 39 (4) ◽  
pp. 121-144
Author(s):  
Kamila Sobieraj
Keyword(s):  
Public Administration ◽  
Opposite Effect ◽  
Renewable Energy Sources ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Gross Energy ◽  
Administrative Procedures ◽  
Energy Share

The aim of this article is analysis of one of the barriers to the functioning of procedures for authorization, certification and licensing of RES investments - lack of coordination in actions of the public administration authorities while conducting those procedures, both in the context of EU law, as much national laws of selected Member States. Why this barrier is still dominant? The article is devoted to analysis of possible and applied models for such coordination in the area of RES investments. Attention has also been drawn to restrictions which should be taken under consideration by Member States while the regulations regarding procedures coordination implementing. Constructing and applying of coordination of public administration authorities activities in such a way as it might contribute to streamlining and accelerating administrative procedures in the area of RES investments and consequently achieve a designated RES energy share in the final gross energy consumption, is not an easy task. Inappropriately constructed and applied mechanisms may lead to an exactly opposite effect

scholarly journals Europeanisation and German Public Administration

2021 ◽  
pp. 53-60
Author(s):  
Hans Hofmann
Keyword(s):  
Public Administration ◽  
National Level ◽  
The European Union ◽  
European Level ◽  
Member States ◽  
The Public ◽  
Eu Member States ◽  
Legal Remedy ◽  
Administrative Procedures ◽  
The Eu

AbstractThis chapter discusses how public administration in Germany is influenced by the making and implementation of law by the organs of the European Union (EU). Although the public administrations of the EU Member States are, in principle, responsible for enforcing the laws made by the EU, the EU’s influence on the public administration of Germany as EU Member State is constantly growing. This is true, not only of those areas in which the Member States have transferred to the EU the authority to make laws, but increasingly also of those areas in which the Member States have retained such authority. At the same time, however, there is no systematic codification of the law on administrative procedures at European level and no system of legal remedy for Union citizens equivalent to those at national level.

Towards the Integration of E-Government Process in the University of Murcia

2015 ◽  
pp. 107-123
Author(s):  
Jesús D. Jiménez Re ◽  
M. Antonia Martínez-Carreras
Keyword(s):  
European Union ◽  
Public Administration ◽  
Business Processes ◽  
The European Union ◽  
The Public ◽  
Agile Processes ◽  
Service Oriented ◽  
Administrative Procedures ◽  
Automated Process ◽  
The University

Several countries are adopting e-government strategies for adapting the administrative procedures to automated process with the aim of obtaining efficient and agile processes. In this sense, the European Union has published some directives which indicate the need for European countries to adopt e-government in the public administration. Additionally, the Spanish government has published laws and documents for supporting the adoption of e-government in the different public administration. Concretely, the University of Murcia has developed a strategy for the adoption of e-government using a service-oriented platform. Indeed, this strategy has evolved for the adoption of BPM for its administrative processes. The aim of this chapter is explaining the strategy for the adoption of business processes in the University of Murcia.

scholarly journals Assessing the Public Administration’s Intention in EU Economic Law: Chasing Ghosts or Dressing Windows?

2016 ◽  
Vol 18 ◽  
pp. 93-121
Author(s):  
Albert SANCHEZ-GRAELLS
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Economic Law ◽  
Right To Good Administration ◽  
State Liability

AbstractHere I reflect on the role of subjective or intentional elements in EU economic law prohibitions, particularly in relation to rules concerning public administration. From a normative perspective, it is desirable to suppress the need for an assessment of subjective intent and to proceed with an objectified enforcement of such prohibitions. With this in view, I consider public procurement and Member State aid rules as two examples of areas of EU economic law subjected to interpretative and enforcement difficulties due to the introduction – sometimes veiled – of subjective elements in their main prohibitions. I establish parallels with other areas of EU economic law – such as antitrust, non-discrimination law and the common agricultural policy – and seek benchmarks to support the main thesis that such intentional elements need to be ‘objectified’, so that EU economic law can be enforced against the public administration to an adequate standard of legal certainty. This mirrors the development of the doctrine of abuse of EU law, where a similar ‘objectification’ in the assessment of subjective elements has taken place.I draw on the case law of the Court of Justice of the European Union to support such ‘objectification’ and highlight how the Court has been engaging in such interpretative strategy for some time. The paper explores the interplay between this approach and more general protections against behaviour of the public administration in breach of EU law: the right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union and the doctrine of State liability for infringement of EU law. I conclude with the normative recommendation that the main prohibitions of EU economic law should be free from subjective elements focused on the intention of the public administration.

scholarly journals Sprawiedliwe przygotowanie decyzji według ReNEUAL Modelu kodeksu postępowania administracyjnego Unii Europejskiej

2016 ◽  
pp. 31-47
Author(s):  
Przemysław Ostojski
Keyword(s):  
Procedural Fairness ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Model Code ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
High Standards ◽  
The One ◽  
The Given

The subject of the article this paper is the theoretical analysis of the concept of procedural fairness, as well as analysis of the dogmatic institutions contained in ReNEUAL Model Code of Administrative Procedure of the European Union. The aim of the pape ris the verification of the thesis that ReNEUAL proposes a procedure which allows to issue a decision which will fullfill of the principles of procedural fairness. The results of the analisysy indicate the given project respects to the greatest possible extent, in the area of issuing the decision, the principle of procedural fairness. The creators of the project – representatives of the doctrine of administrative law of the Member States of the EU – understand the concept of fair preparation of the decision in the proceedings, which is described in the Book III of the Model. on the one hand, as a high standards of protection of individual rights, and on the other, as the guarantee of effectiveness, efficiency and orientation to the public service in the field of administrative bodies. Creators of the project gathered, systematised and perfected in the draft of the Code of Administrative Procedure of the Union previously developed standards of administrative procedures of the Member States. In the case of multiple solutions ReNEUAL is innovative.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

scholarly journals Evaluation of Sustainable Energy Development Progress in EU Member States in the Context of Building Renovation

Energies ◽  
2021 ◽  
Vol 14 (14) ◽  
pp. 4209
Author(s):  
Rita Remeikienė ◽  
Ligita Gasparėnienė ◽  
Aleksandra Fedajev ◽  
Marek Szarucki ◽  
Marija Đekić ◽  
...  
Keyword(s):  
Energy Efficiency ◽  
Energy Consumption ◽  
Co2 Emissions ◽  
Renewable Energy Sources ◽  
Investment Efficiency ◽  
The European Union ◽  
Energy Usage ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The main goal of setting energy efficiency priorities is to find ways to reduce energy consumption without harming consumers and the environment. The renovation of buildings can be considered one of the main aspects of energy efficiency in the European Union (EU). In the EU, only 5% of the renovation projects have been able to yield energy-saving at the deep renovation level. No other study has thus far ranked the EU member states according to achieved results in terms of increased usage in renewable sources, a decrease in energy usage and import, and reduction in harmful gas emissions due to energy usage. The main purpose of this article is to perform a comparative analysis of EU economies according to selected indicators related to the usage of renewable resources, energy efficiency, and emissions of harmful gasses as a result of energy usage. The methodological contribution of our study is related to developing a complex and robust research method for investment efficiency assessment allowing the study of three groups of indicators related to the usage of renewable energy sources, energy efficiency, and ecological aspects of energy. It was based on the PROMETHEE II method and allows testing it in other time periods, as well as modifying it for research purposes. The EU member states were categorized by such criteria as energy from renewables and biofuels, final energy consumption from renewables and biofuels, gross electricity generation from renewables and biofuels and import dependency, and usage of renewables and biofuels for heating and cooling. The results of energy per unit of Gross Domestic Product (GDP), Greenhouse gasses (GHG) emissions per million inhabitants (ECO2), energy per capita, the share of CO2 emissions from public electricity, and heat production from total CO2 emissions revealed that Latvia, Sweden, Portugal, Croatia, Austria, Lithuania, Romania, Denmark, and Finland are the nine most advanced countries in the area under consideration. In the group of the most advanced countries, energy consumption from renewables and biofuels is higher than the EU average.

scholarly journals Investigating Theoretical PV Energy Generation Patterns with Their Relation to the Power Load Curve in Poland

2016 ◽  
Vol 2016 ◽  
pp. 1-7 ◽  
Author(s):  
Jakub Jurasz ◽  
Jerzy Mikulik
Keyword(s):  
Energy Consumption ◽  
Power Plants ◽  
Renewable Energy Sources ◽  
Daily Basis ◽  
Hard Coal ◽  
The European Union ◽  
Load Curve ◽  
Fuel Feed ◽  
Power Load ◽  
Gross Energy

Polish energy sector is (almost from its origin) dominated by fossil fuel feed power. This situation results from an abundance of relatively cheap coal (hard and lignite). Brown coal due to its nature is the cheapest energy source in Poland. However, hard coal which fuels 60% of polish power plants is picking up on prices and is susceptible to the coal imported from neighboring countries. Forced by the European Union (EU) regulations, Poland is struggling at achieving its goal of reaching 15% of energy consumption from renewable energy sources (RES) by 2020. Over the year 2015, RES covered 11.3% of gross energy consumption but this generation was dominated by solid biomass (over 80%). The aim of this paper was to answer the following research questions: What is the relation of irradiation values to the power load on a yearly and daily basis? and how should photovoltaics (PV) be integrated in the polish power system? Conducted analysis allowed us to state that there exists a negative correlation between power demand and irradiation values on a yearly basis, but this is likely to change in the future. Secondly, on average, daily values of irradiation tend to follow power load curve over the first hours of the day.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

scholarly journals The main stages in the development of the official administration in Hungary

2020 ◽  
Vol 54 (2) ◽  
pp. 833-856
Author(s):  
Zoltán Józsa
Keyword(s):  
Public Administration ◽  
The Public ◽  
Window System ◽  
Straight Line ◽  
State Administration ◽  
Service Oriented ◽  
Administrative Procedures ◽  
The Government ◽  
Historical Comparative ◽  
Historical Periods

After a brief outline of the past, the study focuses on the three main elements of public administration: the organization, the tasks and competences, and the characteristics of the staff. Different but complementary research methods (historical, comparative and dogmatic) show the changes in the management and operation of state administration over historical periods. The formal, subordinated administration has gradually given way to a customer-friendly, service-oriented administration. The corresponding organizational framework is the government window system, while the institutions the Act of General Administrative Procedures provide the opportunity to implement fast, cheap and efficient state services. The commitment, skills, and professionalism of the public administration staff remain the most important factor for the realisation of a modern, service-oriented state. Changes like state administration are not straight-line, but the tendency is the strengthening of the help and service image.

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