Brief history of the insurance obligation and interaction with the EU law

2019 ◽  
pp. 1-15
Author(s):  
Gürses Özlem
Keyword(s):  
Eu Law ◽  
History Of ◽  
The Eu

9. Human rights in the EU

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Eu Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter begins with a brief history of human rights protection in Europe, including the separate role of the Council of Europe and the ECHR, as well as that of the EU and EU law. It then discusses the development of human rights protection by the EU; the need for human rights protection against the EU and its Member States; the Charter of Fundamental Rights of the EU; the enforcement of human rights in EU law; and the possibility of EU accession to the ECHR.

The Court Of Justice Of The European Union

2018 ◽  
Author(s):  
Takis Tridimas
Keyword(s):  
Early Stage ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Political Actors ◽  
Court Of Justice ◽  
History Of ◽  
New Institutions ◽  
Normative Foundations ◽  
The Eu

The influence of the Court of Justice in the development of EU law has been defining and, in some respects, unprecedented in the history of legal systems. The Court has shaped EU law by establishing the distinct constitutional features of the EU legal order, protecting fundamental rights, defining the internal market, and expanding EU competence. In short, it has had an overwhelming influence in shaping both the economic and the political constitution of the EU. The importance of the judiciary in the development of EU law is not accidental. It has been the result of treaty design, judicial behaviour, and the cooperation of political actors. From its inception, the project of European integration was based on grand objectives, the adoption of framework treaties, and the establishment of new institutions, including an independent court. Treaty design facilitated institutional empowerment and favoured ‘integration through law’ as the underlying narrative. From an early stage, the Court saw itself as the exponent of the normative foundations of integration as a process of catharsis emerging from the ideology of nationalism that led to the Second World War. By establishing direct effect, the Court essentially abolished the state monopoly to grant rights, thereby creating a nascent

Origin, Objectives, and Content of the Directive

2021 ◽  
pp. 1-15
Author(s):  
Eleonora Rosati
Keyword(s):  
National Level ◽  
Internal Market ◽  
Single Market ◽  
Green Paper ◽  
Eu Law ◽  
Eu Directive ◽  
History Of ◽  
The Eu

This chapter provides an overview of the overall EU copyright harmonization project and explains the history of the 2019 EU Directive on copyright in the Digital Single Market (Directive 2019/790) and the place that it has within the broader EU copyright architecture. It recounts the copyright reform in Europe, which has been based on the harmonization at the EU level and modernization at the EU national level. It also stresses that EU harmonization has been prompted by internal market concerns and concerns regarding the overall competitiveness and appropriateness of the EU copyright regime. The chapter describes the field of copyright, wherein the process of Europeanization of national laws has resulted in their settlement to and convergence with EU law. It mentions the 1988 Green Paper by the Commission of the European Communities, which signaled the start of a more concrete discourse around copyright harmonization.

scholarly journals History of a (Limited) Success: Five Points on the Representativeness of the Committee of the Regions

2018 ◽  
Vol 10 (2) ◽  
pp. 96-116a
Author(s):  
Giuseppe Martinico
Keyword(s):  
Eu Law ◽  
Limited Success ◽  
Recent Developments ◽  
History Of ◽  
Committee Of The Regions ◽  
Representative Function ◽  
Eu Commission ◽  
The Eu

Abstract This article briefly explores the reasons why the Committee of the Regions (CoR) has only partially accomplished its representative function. It is divided into three parts. In the first part I argue that the ambiguous nature of the CoR is the consequence of the polysemous notion of ‘region’ in EU law (Palermo, 2005) and of the very heterogeneous approach to the ‘federal issue’ in Europe. In the second part of the article I look at the recent developments that have given the CoR new powers, for instance in light of Art. 263 TFEU in order to defend its own prerogatives and Art. 8 of Protocol No 2 on the application of the principles of subsidiarity and proportionality. This will be done by looking at a recent resolution of the CoR on a proposal made by the EU Commission to amend Regulation (EU) No 1303/2013. Finally, I deal with some proposals that have been advanced to strengthen the role of the CoR, and their feasibility.

(Br)Exit From the European Union—Control, Autonomy, and the Evolution of EU Law

2021 ◽  
pp. 399-430
Author(s):  
Kenneth A Armstrong
Keyword(s):  
European Union ◽  
Legal History ◽  
Eu Law ◽  
The European Union ◽  
History Of ◽  
The Moment ◽  
Article 50 ◽  
The Uk ◽  
Rule Making ◽  
The Eu

(Br)Exit from the European Union offers a novel interpretation of the United Kingdom’s withdrawal from the European Union (EU). Rather than emphasizing the rupture and the exceptionalism of ‘Brexit’, this chapter argues that much can be understood about the evolution of EU law through the experience of the UK’s membership and eventual withdrawal from the EU. Section A evaluates whether the legal history of its membership—its encounter with EU rule-making and adjudication—can explain the UK’s preference for a ‘differentiated membership’ of the EU and eventual demands for control over its own laws. Section B focuses on the Article 50 TEU withdrawal process. It underscores that compliance with ‘constitutional requirements’ throughout the Article 50 process evidences co-evolution of the EU and domestic constitutional and legal orders even up to the moment of withdrawal. Section C projects forward to the evolving future relationship. It suggests that as the UK asserts its sovereignty outside of EU legal and institutional disciplines, the EU wants protection for its own autonomy.

9. Human rights in the European Union

2019 ◽  
pp. 396-457
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter begins with a brief history of human rights protection in Europe, including the separate role of the Council of Europe and the ECHR, as well as that of the EU and EU law. It then discusses the development of human rights protection by the EU; the need for human rights protection against the EU and its Member States; the Charter of Fundamental Rights of the EU; the enforcement of human rights in EU law; and the possibility of EU accession to the ECHR.

EU Customs Law

2018 ◽  
Author(s):  
Timothy Lyons QC
Keyword(s):  
Eu Law ◽  
Member States ◽  
Customs Unions ◽  
The Third ◽  
History Of ◽  
Direct Tax ◽  
The Eu

The third edition of EU Customs Law provides a fully updated treatment of legislation, new treaties and cases in the two courts of the EU especially but also in Member States. This volume also includes commentary on the Union Customs Code and secondary legislation, and increased coverage of areas such as the wider role of customs authorities apart from the collection of customs duty, such as security of goods and post 9/11 developments generally, the history of customs unions and their implications for governments, non-EU customs unions to which EU law is relevant, and the inter-relation between customs duty and direct tax.

EU Law in the UK

2020 ◽  
Author(s):  
Sylvia de Mars
Keyword(s):  
Decision Making ◽  
Competition Law ◽  
Free Movement ◽  
Contextual Approach ◽  
Eu Law ◽  
History Of ◽  
Free Movement Of Goods ◽  
The Uk ◽  
Domestic Law ◽  
The Eu

EU Law in the UK tackles this subject with a post-Brexit perspective. It has a contextual approach, aiming to present the topic in a fresh and relatable way. Topics covered include the history of the EU from 1972 to the present day, the EU institutions, decision making and democracy, EU legislative powers, and the limits to those powers. The text also looks at the relations between EU and national law, domestic law, and enforcing EU law. It also considers the internal (or common, or single) market, the free movement of goods and workers, EU citizenship, and the free movement of services. Competition law is also touched upon. Finally, the text looks towards the future and considers how the UK can negotiate a future relationship with the EU.

European Integration

2020 ◽  
Author(s):  
Johann P. Arnason
Keyword(s):  
European Integration ◽  
Eastern European ◽  
The European Union ◽  
Historical Processes ◽  
History Of ◽  
External Conditions ◽  
Eastern European Countries ◽  
Totalitarian Regimes ◽  
The Eu

Different understandings of European integration, its background and present problems are represented in this book, but they share an emphasis on historical processes, geopolitical dynamics and regional diversity. The introduction surveys approaches to the question of European continuities and discontinuities, before going on to an overview of chapters. The following three contributions deal with long-term perspectives, including the question of Europe as a civilisational entity, the civilisational crisis of the twentieth century, marked by wars and totalitarian regimes, and a comparison of the European Union with the Habsburg Empire, with particular emphasis on similar crisis symptoms. The next three chapters discuss various aspects and contexts of the present crisis. Reflections on the Brexit controversy throw light on a longer history of intra-Union rivalry, enduring disputes and changing external conditions. An analysis of efforts to strengthen the EU’s legal and constitutional framework, and of resistances to them, highlights the unfinished agenda of integration. A closer look at the much-disputed Islamic presence in Europe suggests that an interdependent radicalization of Islamism and the European extreme right is a major factor in current political developments. Three concluding chapters adopt specific regional perspectives. Central and Eastern European countries, especially Poland, are following a path that leads to conflicts with dominant orientations of the EU, but this also raises questions about Europe’s future. The record of Scandinavian policies in relation to Europe exemplifies more general problems faced by peripheral regions. Finally, growing dissonances and divergences within the EU may strengthen the case for Eurasian perspectives.

A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law

2018 ◽  
Vol 5 (2) ◽  
pp. 199 ◽  
Author(s):  
Wojciech Paweł SZYDŁO
Keyword(s):  
Crude Oil ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
Dominant Position ◽  
Oil Companies ◽  
Effective Competition ◽  
Oil Pipelines ◽  
Transfer Services ◽  
The Eu

Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law.  Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law.  Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.

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