Figure 5.11: interrelationship between the European Convention, European Union and European Community 5.5 THE EUROPEAN UNION AND THE EUROPEAN COMMUNITY 5.5.1 General introduction Much difficulty can be encountered in approaching this area of study simply because some texts in the area are uncertain as to the most appropriate terms to be used to describe the EU, the EC and EC law. Some texts prefer the term Community and others Union. Some commentators are even confused themselves and use terms wrongly. In addition, there are many excellent texts on the market, as well as leading law reports from the ECJ, that were produced before the structural changes and name changes that occurred from 1992. These texts are still relevant, so it is necessary to understand that some treaties have changed their names over time, can be called by several names concurrently and have changed their article numbering systems.

2012 ◽  
pp. 143-143
2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.


2019 ◽  
pp. 89-111 ◽  
Author(s):  
Quinn Slobodian ◽  
Dieter Plehwe

Since the advent of the European debt crisis in 2009, it has become common to hear descriptions of the European Union as a neoliberal machine hardwired to enforce austerity and to block projects of redistribution or solidarity. Yet by adopting an explanatory framework associating neoliberalism with supranational organizations like the EU, NAFTA, and the WTO against the so-called populism of its right-wing opponents, many observers have painted themselves into a corner. The problems with a straightforward compound of “neoliberal Europe” became starkly evident with the success of the “leave” vote in the Brexit referendum in 2016. If the EU was neoliberal, were those who called to abandon it the opponents of neoliberalism? If the EU is indeed the “neoliberalism express,” then to disembark was by definition a gesture of refusal against neoliberalism. To make sense of the resurgent phenomenon of the far right in European politics, then, our chapter tracks such continuities over time and avoids misleading dichotomies that pit neoliberal globalism—and neoliberal Europeanism—against an atavistic national populism. The closed-borders libertarianism of nationalist neoliberals like the German AfD is not a rejection of globalism but is a variety of it.


Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter

This concluding chapter explores EU's anti-subsidy instruments, which are designed to address subsidization by other WTO members. After a hesitant start, the EU since 1995 has progressively used the AS instrument to act against subsidization by third-country governments. While initially focusing on relatively clear-cut export subsidies, over time the EU has more and more also countervailed domestic subsidy programmes. This is clearest in the AS cases initiated against China during the past five years, where the majority of the countervailed programmes have consisted of domestic subsidies. In this context, it is important to note that the findings of specificity reached by the EU in cases concerning China are largely based on the use of facts available, resulting from the imposition of very high burdens of proof on the Chinese government that domestic subsidies in fact are not specific.


Author(s):  
Neil Parpworth

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.


2015 ◽  
Vol 16 (1) ◽  
pp. 147-167 ◽  
Author(s):  
Christoph Krenn

Opinion 2/13is a sweeping blow. After four years of negotiations, it took the Court of Justice of the European Union (CJEU or the Court) only a few paragraphs to pick to pieces the draft accession agreement on the EU's accession to the European Convention on Human Rights (ECHR), finding a conflict with the EU Treaties on ten grounds. The Court's message is clear: Accession, under the terms of the draft agreement, would risk undermining the very essence of the EU's constitutional system.


2001 ◽  
Vol 4 (2a) ◽  
pp. 325-336 ◽  
Author(s):  
Jo Hautvast ◽  
Ibrahim Elmadfa ◽  
Mike Rayner

Summary of recommendations1.A new Nutrition Committee for the European Union1.1 A new Nutrition Committee for the European Union, should be created to give independent scientific and policy advice on nutrition, diets and physical activity to the Commission. This should be supported by a strengthened Nutritional Unit within the Commission.2.Policy development2.1 There needs to be a comprehensive and coherent nutritional policy for the EU2.2 The development of European dietary goals should continue after the completion of the Eurodiet Project.2.3 The European Commission should revise its Recommended Daily Allowances for vitamins and minerals using a systematic, evidence-based approach. Recommended Daily Allowances should be set at a level which would prevent deficiencies and lower the risk of disease.2.4 The European Commission should produce, preferably every four years, a report on the state of nutrition, diet and physical activity in the EU. This report should contain proposals for action3.Components of a nutrition policyEducation3.1 The European Commission should not be involved in the direct delivery of lifestyle advice to the public.3.2 The European Commission should continue to support networks whose members are involved in educating the public and in training professionals about nutrition, diets and physical activity.Research3.3 European Community funding of health-related research should better reflect the Community's public health priorities.3.4 The European Community should ear-mark funds for large, multi-centre studies into nutrition, diet and physical activity with a duration of up to 10 years.Consumer protectionFood labelling3.5 The European Commission should draw up proposals for the regulation of health claims.3.6 The European Community should agree rules for the use of nutrition claims along the lines agreed by the Codex Alimentarius Commission.3.7 The European Commission should review the 1990 Nutrition Labelling Directive particularly with a view to making nutrition labelling more comprehensible and it should encourage the development of other ways of providing consumers with information about the nutrient content of foods though, for example, the Internet.Food composition3.8 The European Commission should review the Novel Food Regulations, particularly with a view to ensuring that the nutritional consequences of consuming novel foods are better assessed and to making approval procedures more efficient.3.9 European Community rules on food fortification and on food supplements should be harmonised but in such a way that the interests of consumers are paramount.Agriculture policy3.10 The Common Agriculture Policy should be subject to a regular and systematic health impact assessment.3.11 Given that there are subsidies under the Common Agricultural Policy designed to increase consumption of surplus food, these should be directed towards promoting the consumption of foods for which there is strong evidence of a need for increased consumption in the EU for health reasons.Special issuesFruit and vegetable consumption3.12 The promotion of increased fruit and vegetable consumption across the EU should be a key aspect of the European Union's proposed nutrition policy.Breast feeding3.13 The European Union should review its policy on breast feeding including assessing and, if necessary, improving its legislation on breast milk substitutes and maternity leave.Physical Activity3.14 The European Union should have a policy for promoting physical activity in Europe. This should be part of, or at least closely integrated with, the European Union's proposed nutritional policy.


2015 ◽  
Vol 21 (1) ◽  
pp. 19-34 ◽  
Author(s):  
Kristina Knific ◽  
Štefan Bojnec

Abstract This paper presents the questionnaire results of the research on implications of the effects of Slovenia’s accession to the European Union (EU) on structural changes in agricultural holdings (AHs) in the case of Škofjeloška hilly-mountain rural areas. The effects are studied based on the analysis of income diversification of AHs three years before the Slovenian accession to the EU in 2000 and six years after the Slovenian accession to the EU in 2010. Strategies of AHs on the basis of the questionnaire were analysed in early 2011. Income diversification of AHs with non-agricultural employment and off-farm incomes is necessary for survival for the majority of AHs. There are observed differences in structural changes in the AHs between areas with different natural conditions for agricultural production, and particularly in the extent and in the direction of structural changes by socioeconomic types of AHs. Structural changes inhibit non-economic objectives of AHs, while non-agricultural employment has a two-way influence.


2018 ◽  
Vol 20 (4) ◽  
pp. 213-224 ◽  
Author(s):  
Irene Antonopoulos

This article explores whether a potential accession of the European Union to the European Convention on Human Rights, offers a more effective method of protection for ‘environmental human rights’: those rights whose enjoyment is allegedly affected by environmental challenges. The European Court of Human Rights has decided on claims of alleged violations of human rights by both environmental degradation and the enforcement of environmental protection policies implementing EU environmental law. On the other hand, the capacity of the Court of Justice of the European Union to decide on human rights issues has been repeatedly challenged, while the inability of the Court to protect procedural (environmental) rights when it came to NGOs, allows for challenging the capacity of the Court of Justice of the European Union to protect substantive (environmental) rights as well. Will an accession mean that applicants will be able to bring claims for alleged violations, caused by the enforcement of EU generated environmental protection policies, against the EU Institutions rather than the enforcing State? This article follows the relevant developments towards the accession, and consequently seeks to determine how the day after the accession will look for the protection of human rights affected by environmental challenges.


2005 ◽  
Vol 6 (11) ◽  
pp. 1719-1729 ◽  
Author(s):  
Michał Rynkowski

The question of churches and religious communities in the EU/EC law arose for the first time in 1997, when Declaration No. 11 on the status of churches and non-confessional organisations was attached to the Amsterdam Treaty. According to this Declaration, “The European Union will respect and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The European Union will equally respect the status of philosophical and non-confessional organisations.” The content of this Declaration was commented on many times by distinguished experts of the European ecclesiastical law. Art. I-52 of the Treaty establishing a Constitution for Europe (Constitutional Treaty/CT) repeats in paragraph one and two Declaration No. 11, and introduces in paragraph three a provision on dialogue between the EU and religious bodies: “Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.”


2015 ◽  
Vol 16 (1) ◽  
pp. 169-178 ◽  
Author(s):  
Stian Øby Johansen

On 18 December 2014 the Court of Justice of the European Union (CJEU) delivered Opinion 2/13 and stunned the legal world by declaring that the Draft Agreement on the Accession of the EU to the European Convention on Human Rights (the Accession Agreement) was incompatible with the constituent treaties of the Union. Although some experts, admittedly, had been skeptical about certain aspects of Draft Accession Agreement, no one seems to have expected an opinion so critical and uncompromising. The opinion has consequently received widespread disapproval in the EU legal blogosphere.


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