scholarly journals Ecologia della protesta. Come il diritto osserva la disobbedienza

2018 ◽  
pp. 085-099
Keyword(s):  
European Union ◽  
Legal System ◽  
Ecological Theory ◽  
Gas Pipeline ◽  
The European Union ◽  
Protest Movements ◽  
Legal Proceedings ◽  
The Future ◽  
Administrative Regulation ◽  
The Relationship

Abstract(IT).- Il contributo descrive la teoria dei sistemi come una teoria ecologica dei movimenti ecologisti, capace di radicalizzare il rapporto tra sistema e ambiente e di superare i limiti epistemologici di ogni prospettiva antropocentrica e appropriativa della natura. Il movimento No Tap, costituitosi nel Salento per opporsi alla costruzione di un gasdotto finanziato dall’Unione Europea, viene osservato come un caso paradigmatico delle forme moderne di disciplinamento giuridico-amministrativo del conflitto, delle tecniche di immunizzazione della protesta. Verrà quindi affrontata la questione arendtiana del rapporto tra disobbedienza e diritto, interrogandosi sulla funzione dei procedimenti giuridici nei confronti della protesta e su come il diritto possa o meno trattare il rischio, cioè il non-sapere del futuro. Ecology of protest. How law observes disobedience Abstract (EN).-The contribution describes the theory of systems as an ecological theory of ecological movements, capable of radicalizing the relationship between the system and the environment and overcoming the epistemological limits of every anthropocentric and appropriative perspective of nature. The No Tap movement, established in Salento to oppose the construction of a gas pipeline financed by the European Union, is seen as a paradigmatic case of the modern forms of legal and administrative regulation of the conflict, of the immunization techniques of the protest. The Arendt’s question of the relationship between disobedience and law will then be addressed, questioning the function of legal proceedings against the protest and how the legal system can treat the risk, that is the ignorance of the future. Keywords: movimenti di protesta, rischio, processi partecipativi, procedimenti giuridici, protest movements, risk, partecipatory processes, legal proceedings

2. English legal system—an overview

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
European Convention ◽  
The European Union ◽  
Parliamentary Sovereignty ◽  
Legal Concepts ◽  
The Relationship

This chapter provides an overview of the English legal system, introducing fundamental legal concepts, such as the nature of law and parliamentary sovereignty, and the differences between criminal law and civil law legal terminology, such as terminology and the outcomes. The sources of law, legislation in the form of Acts of Parliament or statutes and delegated legislation and common law or judge-made law are outlined. An outline of the courts is given, including the judges and the jurisdiction of the courts. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is explained.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

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 Effect of the legal system country of European commercial banks on the financial distress

2016 ◽  
Vol 4 (2) ◽  
pp. 168
Author(s):  
Nizar Baklouti ◽  
Frédéric Gautier ◽  
François Aubert
Keyword(s):  
European Union ◽  
Corporate Governance ◽  
Legal System ◽  
Financial Distress ◽  
Commercial Banks ◽  
Common Law ◽  
Civil Law ◽  
The European Union ◽  
Financial Health ◽  
The Relationship

This study examines the effect of the legal system on the governance of banks and hence on financial distress. We compare corporate governance to the legal system in 18 countries of the European Union to explain the relationship between financial distress and bank governance. Using a sample of 147 commercial banks, we find that the effect of the legal system really counts. The results also suggest that banks operating in common law and civil law countries tend the concentration of ownership and board size to the effect of increasing the likelihood of financial distress. This study contributes to research in the governance of enterprise to provide empirical evidence that the legal system has the power to influence the financial health of banks.

Sovereignty in Europe

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
European Integration ◽  
Lisbon Treaty ◽  
The European Union ◽  
Jürgen Habermas ◽  
Member States ◽  
Jurgen Habermas ◽  
The Future ◽  
The Relationship ◽  
The Eu

This chapter examines the question of who is sovereign in the relationship between the European Union and its Member States. It first considers the relevance of the debate over sovereignty in the EU and the development of the concept of sovereignty, paying attention to public powers form the substance of sovereignty, Jürgen Habermas’ theory of dual sovereignty, and the relevant provisions of the Lisbon Treaty. It then explores the problem of whether one should maintain the concept of sovereignty or recognize that the era of post-sovereignty has begun. It argues that it makes sense to address the question of who is sovereign in the EU, suggesting that the answer will determine the future course of European integration. It also analyses which concept of sovereignty is best suited to understand and explain the EU.

Public opinion attitudes towards the European Union and its future in the United Kingdom. Study based on the results of Eurobarometer surveys in the UK and Poland

2014 ◽  
pp. 116-131
Author(s):  
Beata Słupek
Keyword(s):  
European Union ◽  
The European Union ◽  
Main Research ◽  
The United Kingdom ◽  
The Future ◽  
The Subject ◽  
The Uk ◽  
The Relationship ◽  
British People ◽  
The Eu

The subject of this publication is the scepticism regarding the future of the European Union in the UK. The research is based on Eurobarometer surveys conducted over the period of five years. A purpose of the research is to show the relationship between the results of the Eurobarometer survey on the future of the EU, and the eurosceptic views in the UK. The main research questions is: is the UK sceptical about the future of the EU? Hypothesis of this publication is that the UK is sceptical about the future of the European Union. The reasons for such attitudes are not analysed here – the article is merely an attempt to present the societal attitudes. The research method employed is the comparative critical analysis of quantitative data. The conclusion is that Great Britain is not significantly eurosceptic. British people are, however, less enthusiastic about what is happening at present in the EU, and also are showing greater anxieties when it comes to the future of the EU.

Citizens and the European Union since 1950

2021 ◽  
Vol 27 (2) ◽  
pp. 213-222
Author(s):  
Hartmut KAELBLE
Keyword(s):  
European Union ◽  
The European Union ◽  
Legal Proceedings ◽  
European Court ◽  
The 1950S ◽  
Relationship Of ◽  
The Relationship ◽  
Opinion Polls ◽  
Interest Organizations ◽  
Active Citizen

The article covers the relationship of the citizens with the European Union and its predecessors since the beginnings of the European integration in the 1950s. It dis­tinguishes the period of the unquestioned citizen during the 1950s and 1960s, the period of the questioned and mobilized citizen since the 1970s and the period of the active citizen since around the turn the of century, in looking at European elec­tions, referendums, European movements, interest organizations, regular European opinion polls, complaints by citizens at the European Parliament, at the European Commission and at the European ombudsman and legal proceedings by citizens at the European Court in Luxemburg. In addition, the article looks at the change be­tween periods of trust and periods of distrust by citizens in the European institu­tions since the 1950s. It argues that the trend towards the mobilized and active citi­zen includes an eventual strong rise of distrust in periods of crisis, but also by a return of trust by the citizens even in difficult periods such as the recent Covid19 pandemic.

20. The Future

2019 ◽  
pp. 677-684
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
European Union ◽  
Legal System ◽  
Justice System ◽  
Legal Education ◽  
The European Union ◽  
Council Of Europe ◽  
Future Directions ◽  
England And Wales ◽  
The Future

This chapter makes a number of predictions for the English legal system in the coming years. It examines five main issues: continued membership of the Council of Europe, how devolution could affect the legal system of England and Wales, future directions for legal education, the transformation of the justice system through modernization, and the consequences of the vote to leave the European Union.

20. The Future

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
European Union ◽  
Legal System ◽  
Justice System ◽  
Legal Education ◽  
The European Union ◽  
Council Of Europe ◽  
Future Directions ◽  
England And Wales ◽  
The Future

This chapter makes a number of predictions for the English legal system in the coming years. It examines five main issues: continues membership of the Council of Europe, how devolution could affect the legal system of England and Wales, future directions for legal education, the transformation of the justice system through modernization, and the consequences of the vote to leave the European Union.

scholarly journals Post-normal times: re-thinking the futures of the EU-Africa relationship

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Robin Bourgeois ◽  
Frank Mattheis ◽  
John Kotsopoulos
Keyword(s):  
European Union ◽  
Influential Factors ◽  
Point Of View ◽  
The European Union ◽  
Related Factors ◽  
The Past ◽  
The Future ◽  
The Relationship ◽  
The Eu

Abstract The nature of the relationship between the European Union (EU) and Africa is in permanent evolution. Historically, the EU mostly dominated the relationship while Africa developed adaptive/reactive strategies. With the establishment of new powers as well as efforts to decolonise the thought and practise of North-South interactions, it is crucial to understand what the future of the relationship could be. The purpose of this paper is to draw lessons from the “Broadening the debate on EU-Africa relations” workshop whose aim was to advance perspectives on EU-Africa relations from the point of view of African scholars. The process consisted of identifying major influential factors in the relationship and assessing what role they played in the past and what role they could play in the future. The results indicate a decline of the importance of EU-dominated factors and the emergence of African agency related factors. We interpret these results as a transformation of this relationship, using the concept “post-normal” to highlight indeterminacy, insolvability and irreversibility as the new context. Implications are discussed regarding the type of research that needs to be developed in order to further investigate this transformation, particularly the meaning of a shifting focus from (normal times) EU-Africa relationship to (post-normal times) Africa-EU relationships.

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