scholarly journals Value Alignment and Public Perceived Legitimacy of the European Union and the Court of Justice

2022 ◽  
Vol 12 ◽  
Author(s):  
Eva Grosfeld ◽  
Daan Scheepers ◽  
Armin Cuyvers
Keyword(s):  
European Union ◽  
Online Survey ◽  
Factor Model ◽  
Personal Values ◽  
Moral Foundations ◽  
The European Union ◽  
Eu Member States ◽  
Court Of Justice ◽  
Negative Effect ◽  
The Eu

The present study aims to extend research on the role of values for the perceived legitimacy of legal authorities by focusing on (1) supranational legal authorities and (2) a broad range of values. We examine how (alignment between) people’s personal values and their perception of the values of the European Union (EU) are related to perceived legitimacy of the Court of Justice of the EU (CJEU) and the EU more broadly. Inspired by moral foundations theory, we distinguish between individualizing (i.e., “democracy”, “liberty”, and “fairness”) and binding values (i.e., “rule of law”, “respect for national authority”, and “respect for tradition”). An online survey was conducted in six EU member states (N = 1,136). A factor analysis confirmed a two-factor model (individualizing vs. binding values) for both personal values and perceived EU values. Four regression models were run for each of the value factors, including personal values, perceived EU values, and their interaction, on each of the outcomes (i.e., perceived CJEU and EU legitimacy). Perceived endorsement by the EU of both individualizing and binding values predicted higher legitimacy perceptions of the CJEU and EU. Furthermore, personal binding values had a negative effect on perceived EU legitimacy when participants perceived the EU to weakly support binding values, but a positive effect when the EU was perceived to strongly support binding values. The results suggest that value alignment plays an important role in perceived legitimacy of the CJEU and EU, and that better representing binding values might be a strategy to improve perceived EU legitimacy.

scholarly journals The Notion of the European Union Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 21-31
Author(s):  
Jarmila Lazíková
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
The European Union ◽  
Distinctive Character ◽  
Trademark Law ◽  
The Public ◽  
Eu Member States ◽  
Goods And Services ◽  
Court Of Justice ◽  
The Eu

AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

scholarly journals Immunity of States and International Organizations in the Court of Justice of the European Union Practice and its Significance in the Implementation of Megascience Projects

Lex Russica ◽  
2021 ◽  
pp. 112-129
Author(s):  
A. O. Chetverikov
Keyword(s):  
European Union ◽  
International Organizations ◽  
Hadron Collider ◽  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
Attorneys General ◽  
The Eu

In recent years, Russia has invested significant assets in unique scientific facility of the “Megascience” class that are being built or are already operating on the territory of foreign countries, mainly member states of the European Union: the International Thermonuclear Research Reactor-ITER (France), the European X-ray Free Electron Laser-European XFEL, the Large Hadron Collider (Switzerland and France), etc.How reliable and safe are such investments in the context of the sanctions policy of the West, including the EU, against our country? To what extent are they protected by the principle of immunity of states and international organizations, which is generally recognized, but is not interpreted and applied in different legal systems? The paper considers these issues in the context of the development of the judicial practice of the supranational institution of the judicial power of the EU, namely the Court of Justice of the European Union and the concept of relative immunity (immunité relative) formulated herein.Having conducted a comparative legal review of the current state of the sources of law and doctrine on the issues of immunity of states and international organizations, the author analyses and evaluates the decisions of the EU Court of Justice and the legal positions of its attorneys General: — Mahamdia v. Algeria, 2012: for the first time ECJ formulates the concept of relative immunity in relation to states;— "Rina" and "Suprim" cases, 2020: EU Court clarifies the interpretation of the concept of acta iure imperii (acts of public authority), in respect of which states retain immunity in the EU, and extends its concept of relative immunity to international intergovernmental organizations.The final section deals with legal issues that yet to get a clear answer in the practice of the EU Court of Justice. In this regard, the author highlights possible directions of its evolution, and studies other recent decisions of the EU Court of Justice that may affect Russia’s national interests in the context of cooperation with EU member states in the scientific and technical sphere, including megascience, and in other areas.

scholarly journals Types of constitutional responsibilities of man and citizen in Ukraine and in the European Union

2021 ◽  
Vol 66 ◽  
pp. 46-49
Author(s):  
S.M. Hretsa
Keyword(s):  
European Union ◽  
Military Service ◽  
Compulsory Education ◽  
The European Union ◽  
Member States ◽  
Marriage And Family ◽  
World Community ◽  
Eu Member States ◽  
Court Of Justice ◽  
The Eu

The article is devoted to the study of the range of responsibilities of man and citizen in Ukraine and the European Union, the formation of an approach to their classification. The following range of human responsibilities in the EU have been identified: equality between women and men in terms of pay; non-discrimination; respect for human dignity; receiving compulsory education; completion of compulsory school education. The following range of responsibilities of an EU citizen has been identified: to perform military service in relation to one of the EU member states; to be registered as conscripts in one of the EU member states. Such a range of human responsibilities has been established in Ukraine (strict observance of the Constitution of Ukraine and laws of Ukraine; non-encroachment on the rights and freedoms, honor and dignity of others; responsibilities in marriage and family; parents are obliged to maintain children until they reach adulthood adult children are obliged to take care of their disabled parents; to obtain a complete general secondary education; not to harm nature, cultural heritage; to compensate for damages; to pay taxes and fees in the manner and amount prescribed by law) and the duties of a citizen of Ukraine (protection of the Fatherland, independence and territorial integrity of Ukraine; respect for the state symbols of Ukraine). According to these criteria, the responsibilities of man and citizen are classified into the following groups: criterion "subject": 1) human responsibilities; 2) responsibilities of a citizen; by the criterion of "form of implementation": 1) individual; 2) collective; by the criterion of "content": 1) economic; 2) social; 3) cultural; 4) political; 5) others; according to the criterion of "source" of consolidation: 1) enshrined in the founding treaties of the EU; 2) enshrined in international (additional) EU agreements with international organizations and other countries; 3) enshrined in regulations, directives, recommendations; conclusions; 4) contained in the decision of the Court of Justice, the conclusions of the Court of Justice; 5) contained in the national legislation of the EU member states, third countries; 6) according to the criterion of the circle of subjects in relation to which they are assigned: 1) in relation to other people; 2) in relation to the world community; 3) in relation to future generations.

Has the European Union created a healthy food environment for its citizens? Application of the Food Environment Policy Index (Food-EPI)

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
S K Djojosoeparto ◽  
C B M Kamphuis ◽  
S Vandevijvere ◽  
C Murrin ◽  
I Stanley ◽  
...  
Keyword(s):  
European Union ◽  
Dietary Intake ◽  
Food Environment ◽  
Online Survey ◽  
Food Environments ◽  
The European Union ◽  
Eu Member States ◽  
Eu Policies ◽  
The Eu ◽  
Economic Inequalities

Abstract Background European Union (EU) Member states' food environments are shaped by both national and EU policies. To date however, studies assessing food environment policies developed and set by the EU are scarce. The aim of this study was to assess the strength of EU policies to improve food environments as well as to assess the extent these policies could lead to a decrease or widening of socio-economic inequalities in dietary intake. Methods We compiled evidence on the EU policies for each of the Food-EPI 47 indicators. A European panel of independent, non-government experts (N = 30) specialized in nutrition, obesity or chronic diseases, using the Food-EPI evidence, rated the strength of EU policies to improve food environments during an online survey in February-March 2020. The experts also rated to which extent policies could lead to a decrease or widening of socio-economic inequalities in dietary intake. In addition, experts formulated actions to improve EU food environment policies, which were prioritized during a follow-up online survey. Results The overview of EU-level policies resulted in a 79-pages document, describing policies (or the lack thereof) for each of the 47 Food-EPI indicators. This document has been verified for completeness and accuracy by EU governmental officials. The evidence document shows that the EU has mainly binding legislation on the food labelling whereas policies on the other Food-EPI domains are mostly voluntary. Results from the online survey and the formulated prioritized actions will be presented during the conference. The results will reflect the experts' ratings supported by documented evidence and will provide meaningful guidance to EU officials and public health advocates in their efforts to improve the food environment policies set by the EU.

scholarly journals COVID-crisis and economic growth: Tendencies on potential growth in the European Union

2021 ◽  
Vol 71 (S1) ◽  
pp. 165-186
Keyword(s):  
European Union ◽  
Negative Impact ◽  
Growth Potential ◽  
The European Union ◽  
Potential Growth ◽  
Member States ◽  
Eu Member States ◽  
Key Factor ◽  
Negative Effect ◽  
The Eu

Abstract The main objective of this paper is to identify the impacts of the COVID-crisis on growth, in particular on growth potential in the European Union (EU), in the context of a broader growth analysis. The quantitative analysis underlying this paper focuses on the financial and economic (“Great”) recession of 2008–2009, the subsequent recovery and the period of the COVID-crisis. We provide a detailed overview of some of the mechanisms of the COVID-crisis on growth. The COVID-crisis is likely to have a direct impact on the level of potential output. A decrease in investments and labour market hysteresis may have long-lasting effects on potential growth. The former would have a negative impact on productivity. This can lead to increased inequalities and have a negative effect on social cohesion. The future development of divergences among the EU Member States is particularly important. Their possible intensification could disrupt the functioning of the euro area and the internal market. A lasting source of potential growth in the EU Member States could be productivity growth. Its decisive structural factor is the growth dynamism of total factor productivity (TFP). There are large differences in this area with regard to the level and growth dynamism of performance of the Member States. Narrowing the output gaps vis-à-vis the front-runners through deep structural reforms could be a key factor in raising growth potential. The cleansing effects of crises, which force structural change and resource reallocation, can also create new opportunities for TFP growth.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

Institutional organisation of the European Union in the time of crisis – horizontal division of power and functions

2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
European Council ◽  
Executive Power ◽  
The European Union ◽  
Checks And Balances ◽  
Court Of Justice ◽  
Strong Position ◽  
Institutional System ◽  
The Eu

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.

The Southern Gas Corridor infrastructure project – implications for the energy security of the European Union

2019 ◽  
Vol 17 (4) ◽  
pp. 79-99
Author(s):  
Justyna Misiągiewicz
Keyword(s):  
European Union ◽  
Soviet Union ◽  
Energy Security ◽  
Energy System ◽  
Caspian Region ◽  
The European Union ◽  
Energy Field ◽  
Eu Member States ◽  
Infrastructure Project ◽  
The Eu

Nowadays, energy security is a growing concern in state foreignpolicy. Interdependency in the energy field is a very important dimensionof contemporary relations between states and transnational corporations.Energy security is becoming a key issue for the European Union (EU). TheUnion is one of the world’s fastest-growing energy markets and the biggestimporter of energy resources. For the foreseeable future, Europe’s energydependence will probably increase. Facing a shortage of energy, Europe isdependent on imports and the EU member states need to diversify their energysupplies. The Caspian region contains some of the largest undevelopedoil and gas reserves in the world. After the collapse of the Soviet Union, thenewly independent Caspian states became open to foreign investment. Thegrowing energy needs have given the EU a strong interest in developing tieswith energy-producing states in the Caspian region to build the necessarypipeline infrastructure. In this analysis, the pipeline infrastructure that exists orwill be built in the near future will be presented. The analysis will concentrateon routes transporting gas from the Caspian region and the most importantproblems and solutions in designing the midstream energy system in the region.The key aim of the article is to analyse the Southern Gas Corridor (SGC)infrastructure project, which will inevitably contribute to the EU’s energy securityinterest.

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.

Front-of-pack nutrition labelling in the European Union: a behavioural, legal and political analysis

2021 ◽  
pp. 1-24
Author(s):  
Vincent DELHOMME
Keyword(s):  
European Union ◽  
Dietary Habits ◽  
Legal Framework ◽  
The European Union ◽  
Present Contribution ◽  
Eu Member States ◽  
Nutrition Labelling ◽  
Political Analysis ◽  
Legislative Proposal ◽  
The Eu

Amidst a growing interest from European Union (EU) Member States, the European Commission recently announced that it would put forward a legislative proposal for the adoption of a harmonised and mandatory front-of-pack nutrition labelling scheme at the EU level. The present contribution discusses the implications of such an adoption, taking a behavioural, legal and policy angle. It introduces first the concept of front-of-pack nutrition labelling and the existing evidence regarding its effects on consumer behaviour and dietary habits. It then presents the legal framework currently applicable to (front-of-pack) nutrition labelling in the EU and discusses some of the main political and practical aspects involved with the development of a common EU front-of-pack label.

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