scholarly journals Where Have the Guardians Gone? Law Enforcement and the Politics of Supranational Forbearance in the European Union

2022 ◽  
Author(s):  
R. Daniel Kelemen ◽  
Tommaso Pavone
Keyword(s):  
European Union ◽  
Law Enforcement ◽  
European Commission ◽  
International Organizations ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Elite Interviews ◽  
Policy Proposals ◽  
European Union Member States

Why would a supranational law enforcer suddenly refrain from wielding its powers? We theorize the supranational politics of forbearance– the deliberate under-enforcement of the law– and distinguish them from domestic forbearance. We explain why an exemplary supranational enforcer– the European Commission– became reluctant to launch infringements against European Union member states. While the Commission’s legislative role as “engine of integration” has been controversial, its enforcement role as “guardian of the Treaties” has been viewed as less contentious. Yet after 2004, infringements launched by the Commission plummeted. Triangulating between infringement statistics and elite interviews, we trace how the Commission grew alarmed that aggressive enforcement was jeopardizing intergovernmental support for its policy proposals. By embracing dialogue with governments over robust enforcement, the Commission sacrificed its role as guardian of the Treaties to safeguard its role as engine of integration. Our analysis holds broader implications for the study of forbearance in international organizations.

scholarly journals Castaño avoids a clash between the ECtHR and the CJEU, but erodes Soering. Thinking human rights transnationally

2020 ◽  
pp. 203228442097974
Author(s):  
Sibel Top ◽  
Paul De Hert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
European Union Member States

This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.

Unification of gift and inheritance taxes and the protection of taxpayers – the inheritors and recipients of donations

2021 ◽  
Vol IV (IV) ◽  
pp. 27-47
Author(s):  
Stefan Babiarz
Keyword(s):  
European Commission ◽  
Union Member ◽  
European Economic Community ◽  
The European Union ◽  
Economic Community ◽  
Investment Activity ◽  
Member States ◽  
European Economic ◽  
Cross Border ◽  
European Union Member States

Gift and inheritance tax in the European Union Member States is calculated and charged in numerous ways. In the majority of countries of the European Economic Community it constitutes a separate tax. In several countries it is not charged at all or is part of the income tax. Despite the attempts made by the European Commission to unify the legislation of the Member States in this regard, there has been no success. The article presents the above-mentioned attempts of the European Commission, their results and consequences. It identifies the methods of avoiding a double or even triple taxation on cross-border inheritances or donations. This is of crucial significance also to the Polish citizens who demonstrate higher and higher investment activity in the countries of the European Economic Community and third countries.

GLOBAL DIMENSION OF INNOVATION CAPACITY OF THE EUROPEAN UNION MEMBER COUNTRIES

2018 ◽  
Author(s):  
Olena Zayats ◽  
◽  
Tomash Yarema ◽  
Keyword(s):  
European Union ◽  
Global Economy ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Global Innovation ◽  
The World ◽  
Innovation Capacity ◽  
Innovative Capacity ◽  
European Union Member States

The article examines the essence of the global innovation capacity of the member states of the European Union and its interconncetion with involvement in the processes of international economic integration and disintegration. It is noted that the global innovative force has a significant impact on stable economic growth and competitive positions of any economic entity in the world arena. In addition, it was determined that the unification of countries into interstate integration groupings leads to the transformation of the innovation capacity of the member country and the formation of the innovation capacity of the international integration associations. As a result of the study, it was noted that today there is no single methodology for measuring innovative capacity. As part of the innovation capacity research of the European Union member states, the most prominent and frequently used method for measuring the innovation capacity of the country amongst of global economy, namely the global innovation index, is considered. The aim of this article is to compare the positions of the innovative capacity of the member states of the European Union and to study how the integration and disintegration processes in the European Union affect the innovation capacity of participants and, in the prospect, develop a methodology for ranking the innovation capacity of interstate integration associations. The positions of the innovation capacity in the global economy of the European Union member states are analyzed according to the global innovation index. It has been established that five member countries of the European Union are in the top 10 most innovative economies in the world economy. The innovation capacity index of the European Union 2020 is proposed to be calculated and was calculated. It is noted that albeit the ratings do not give any propositions, but only actually determine the state, however, with their assistance it is possible to carry out adequate monitoring, analysis, forecast of activation and measurement of innovation leadership of all economic and innovative entities of the global economy. It has been proved that methodological approaches to measuring the innovation capacity of the subjects of the global economy ought to be improved furthermore ratings should be developed not only in the context of countries, but of international integration associations as well.

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