Having persevered with the reading of the case and the notations, the differences between this Community case and common law reports is stark. The judges in the ECJ do not use analogy, poetic language, asides, stories, counter arguments. There is a veneer of scientific detachment in the language of the Court. The style is unadorned description, technical language without explanation, assertion, the summarising without comment of a wide range of arguments by the parties, the Advocate General, and the governments wishing to make observations. When the ECJ turns to the decisions it will make, it dismisses arguments without explanation with phrases such as, ‘this is misconceived’, ‘No, this is not right’ and states ‘this is the case’ without giving reasons why. The Court argues deductively without making any attempts to refer to policy. Yet, it must surely be aware of the policy dimensions of its decisions. If it had decided against Van Gend en Loos, then the power of the fledgling Community would have been severely diminished. In the view of the Advocate General, companies would follow the national customs tariffs and not be guided by the provisions of the treaty. The ECJ may well have been taking the opportunity to assert the power of the Community over the individual Member State. This is conjecture in the absence of any comment on policy from the Court itself. Potentially powerful and persuasive arguments were put forward that the ECJ did not have the jurisdiction to hear the case; the Court merely replied that they did have jurisdiction. This was based on the grounds that the meaning behind the question raised an issue of interpretation within its jurisdiction. The Court’s simplistic decision following from this that any arithmetical change, even if it resulted from a re-classification within the existing order rather than a deliberate increase, would constitute an infringement of the treaty—is severe and open to question. In the face of arguments that would concentrate upon the intention of Member States concerning infringement, the ECJ says any arithmetical increase constitutes an infringement irrespective of intention. Indeed, much policy has to be read into all judgments of the ECJ and this judgment is no exception. Perhaps given the tensions between Member States and their creation, the EC, this is a wise and deliberate policy. The Member States gave birth to something that, in many respects, is more powerful and can dictate terms to an individual Member State.

2012 ◽  
pp. 185-185
2020 ◽  
Vol 17 (1) ◽  
Author(s):  
Patrick Hauser

AbstractThe zero risk weight privilege for European sovereign debt in the current capital adequacy requirements for credit institutions incentivises credit institutions to acquire and hold sovereign debt. However, it also poses a significant risk to the stability of the banking system and thus the financial system as a whole. It is argued that this privilege should not only be abolished due to the risk it entails but that it is also non conformant with EU primary law. Art. 124 TFEU prohibits privileged access of the EU and Member States' public sector to financial institutions except for prudential considerations. The protective purpose of Art. 124 TFEU to ensure sound budgetary policies by subjecting public borrowing to the same rules as borrowing by other market participants is thwarted by the uniform zero risk weight privilege. Further, as this privilege does not take into account the varying creditworthiness of the individual Member States it does not promote the soundness of financial institutions so as to strengthen the soundness of the financial system as whole, but rather endangers systemic stability. The zero risk weight privilege is therefore not based on prudential considerations and hence violates Art. 124 TFEU.


Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman

Free movement of goods, one of the ‘four freedoms’ together with free movement of persons, services, and capital covered in the Treaties, is a fundamental principle with two purposes. The first is purely economic; a customs union and common market comprising individual Member States cannot be established unless goods from all the Member States are sold freely and compete effectively in all the Member States. The second is political, if there is to be a single common market then goods must flow freely within its borders. The effect of national measures that block the importation of goods from one Member State to another, make their marketing more difficult, or raise their price, is the distortion of the free flow of goods and competition. Inevitably, in a single market such measures have to be eliminated.


2018 ◽  
Vol 20 (2) ◽  
pp. 204-216
Author(s):  
Gijsbert Vonk

The purpose of this final contribution is to offer a broad schematic overview of ‘mechanisms’ that can be used to strengthen the social security protection of persons moving in and out of the EU. Seven mechanisms have been selected for discussion: national unilateral standards, EU unilateral standards, bilateral agreements, EU coordination of bilateral agreements, EU third country agreements, multilateral co-operation and global standards. The existence of this plethora of mechanisms, each with its own merits and shortcomings, casts a shadow over the possibility of a uniform EU regime for external social security relations. Any attempt to introduce such an approach can immediately be contradicted by alternative approaches and mechanisms which can be used both by the EU and by the individual Member States. It is suggested that more coherence in external EU social security coordination can perhaps be found in a conceptual way, by layering the seven mechanisms in a logical manner.


2010 ◽  
Vol 7 (1) ◽  
pp. 49-61 ◽  
Author(s):  
Esa Paasivirta

AbstractThe paper addresses the issue of possible responsibility of a member state for acts of an international organization of which it is a member. This particular issue forms part of the on-going work of the International Law Commission of establishing rules for the responsibility of international organizations. The particular challenge is posed by possible “responsibility gaps”, i.e. situations where a state might avoid compliance with its own obligations by prompting the organization of which it is a member to act instead. The paper compares the ILC approach, approaching the issue by way of trying to establish general rules of responsibility (“secondary rules”) and the practice of the EU, which has addressed the issue by tailor-made solutions in the context of specific treaties (“primary rules”). The latter approach is more flexible as it allows individual solutions pertinent to particular circumstances and treaty regimes so as to ensure that either the organization itself or its member state is responsible, depending whichever is genuinely responsible. The paper concludes that the ILC work is progressing in the right direction as it narrows down the possibilities where a member state can be held responsible to cover only situations bordering abuse, rather than more open-ended standards for individual member state responsibility, which can open the door for unpredictable results.


2020 ◽  
Vol 1 (2) ◽  
pp. 151-175
Author(s):  
Julianna Sára Traser ◽  
Nóra Béres ◽  
György Marinkás ◽  
Erzsébet Pék

This article examines the relationship among national constitutions, constitutional courts, and the primacy of Community Law in connection with four Member States (Germany, France, Italy, and Austria). It starts with the question of whether national constitutions contain a European Union (EU) clause and explicitly provide for the primacy of Community Law. It examines whether any constitutional restriction or reservation has been elaborated in the case law of constitutional courts, and the extent to which the constitutional courts examined can exercise control indirectly over cases of conformity of EU legislative acts with constitutions or cases of misuse of powers (ultra vires acts). The constitutions examined can be considered uniform in that they contain references to the individual Member States’ relationships with the EU and create the possibility of restricting their competence or sovereignty. However, they do not declare the principle of the primacy of Community Law. As a consequence, the constitutional courts of Member States play a key role in the interpretation of the principle of the primacy of Community Law, including the formulation of constitutional requirements and counterbalances in connection with the enforcement of the principle. A reference to constitutional identity appears in the case law of recent decades, the elements of which are elaborated on and filled with more or less specific content by the constitutional courts on a case-by-case basis. In the event of a possible violation of constitutional identity or principles with unconditional effectiveness, some constitutional courts exclude the possibility of Community Law being invoked against the constitution of a Member State, but at least on a case-by-case basis, they maintain the possibility of inapplicability or of creating compatibility. In the latter respect, the article also addresses the limited nature of the powers of constitutional courts to examine the compatibility of EU Treaties and their amendments with the constitution of a Member State (see ex-ante or ex-post review, procedural or substantive examination).


Author(s):  
Poorvi Jain ◽  
Surekha Godbole ◽  
Seema Sathe Kambala ◽  
Chetan Mahatme

Background: Ability of a person to express a wide range of emotions with the movement of teeth and lips is called as a smile. Dentogenic concept considers gender, personality, age in harmonizing shapes of teeth with the face. Personality is unique for an individual. Unveiling personality traits, desires of the individual, translating them into natural tooth shapes to maintain the psychodentofacial harmony poses a major challenge to the clinician in designing a smile. Visagism is a novel concept that helps the dentists in providing restorations that involve esthetics psychological and social features of the created image, which influences the individual’s emotions. It involves the customization of an image. Aim and Objectives: To assess the co-relation between the smile esthetics and mental temperaments or personalities through the application of the concept of visagism. Methodology: A Digital camera (DSLR) for capturing the photographs and smile designing software will be used. Each subject will be instructed to occlude the teeth while capturing photographs. A validated questionnaire study will be conducted that will help to discover temperament of the subject. The answers will be evaluated and maximum score of the responses out of the list will be dominant temperament in that individual. Expected Outcome: Co-relation between this study might help clinicians to accurately assess the correlation between the temperament and the smile esthetics and eventually develop proper customisation of a smile with respect to the personality of the patient. Conclusion: If computer-assisted smile design and application of visagism concept would be accurate and reproducible, this might help and improve the planning of smile designing, the oral rehabilitations.


eLife ◽  
2020 ◽  
Vol 9 ◽  
Author(s):  
Rachel Waymack ◽  
Alvaro Fletcher ◽  
German Enciso ◽  
Zeba Wunderlich

Shadow enhancers, groups of seemingly redundant enhancers, are found in a wide range of organisms and are critical for robust developmental patterning. However, their mechanism of action is unknown. We hypothesized that shadow enhancers drive consistent expression levels by buffering upstream noise through a separation of transcription factor (TF) inputs at the individual enhancers. By measuring the transcriptional dynamics of several Kruppel shadow enhancer configurations in live Drosophila embryos, we showed that individual member enhancers act largely independently. We found that TF fluctuations are an appreciable source of noise that the shadow enhancer pair can better buffer than duplicated enhancers. The shadow enhancer pair is also uniquely able to maintain low levels of expression noise across a wide range of temperatures. A stochastic model demonstrated the separation of TF inputs is sufficient to explain these findings. Our results suggest the widespread use of shadow enhancers is partially due to their noise suppressing ability.


2020 ◽  
Vol 22 (2) ◽  
pp. 180-195
Author(s):  
Stamatia Devetzi ◽  
Jean McHale

This article examines the implications of the proposed Revised Coordination Regulation for long-term care benefits. First, it explores what is meant by ‘long-term care’. This sets the debate around access to long-term care in the context of developments regarding the safeguarding of fundamental human rights for those with disabilities and increasing international concern regarding the human rights of older persons. Secondly, it charts the response at the EU level to calls for safeguards in long-term care. It contrasts this with the disparate approaches taken at the Member State level. Thirdly, it examines the development of CJEU jurisprudence in this area. Fourthly, it considers the proposals for amending Regulation 883/2004 and its inclusion of long-term care. It concludes by questioning the extent to which these proposed developments will provide a radical change of approach, one which may indeed impact on expectations of long-term care at the individual Member State level and asks whether the drafting of an approach taken in relation to the proposals suggests that, ultimately, this may be little more than ‘much ado about nothing’.


2020 ◽  
Vol 49 (5) ◽  
pp. 18-34
Author(s):  
Stefan Fleck ◽  
Thomas Karner ◽  
Sabine Schuster ◽  
Brigitte Weninger

The European road freight transport statistics (RFTS) result from surveys, which are conducted by several states on the basis of EU-legislation. As there is no strict methodology for the implementation of these surveys, they are slightly different regarding the individual states. This article analyses the additional use of toll data to improve the European RFTS and to impute transport volume and performance of third states affecting the Austrian territory. First, it was attempted to derive journeys as defined in the RFTS from the toll data and assign them to their type of transport. These analyses were very elaborate but showed no satisfying results. The number of journeys from the RFTS data and toll data were too different to allow a reliable interpretation. Hence, this approach was rejected. A comparison of vehicle-kilometres on the higher road network between the two data sources proved to be more successful, as the differences were in an explainable and acceptable scope. Two thirds of them could be derived from methodological reasons regarding the survey in the respective member states and due to missing third states. On the basis of the vehicle-kilometres from the toll data a correction factor for the RFTS results of the individual member states and a procedure for the imputation of third states were developed and applied to publish weighted results.


2021 ◽  
Vol 5(166) ◽  
pp. 35-54
Author(s):  
Waldemar Gontarski

The new regime of conditionality for the protection of the rule of law, understood as the rule of law (new conditionality), appears to be contrary to the European Union Treaties, in particular because its essential provisions are incompatible with the requirement of legal certainty which underlies the rule of law. This conditionality is based on financial liability for the risk of illegality, that is, in sum, for lawful acts of a Member State which may possibly turn out to be unlawful, but after financial sanctions have already been applied. This publication deals with the identification and management of legal risks that give rise to financial risks. After characterising the basic EU budgetary instruments on the basis of the acquis of economic and legal sciences (which implies the application of the external integration method), using a dogmatic method, the author discusses the possibility of blocking by a Member State the introduction into EU law of a mechanism binding the budget with the broadly understood rule of law in connection with the signalled incompatibilities of the new conditionality mechanism with primary Union law. The aim of the paper is to answer the question of what legal possibilities an individual Member State has to counteract a Union regulation prima facie incompatible with the rule of law, apart from challenging the regulation before the Court of Justice (review of the legality of legal acts), on the assumption that the rule of law imposes an obligation to first counteract bad legislation (decent legislation as an element of the rule of law) and only as a last resort to lodge a complaint with the Court against a given act of derived Union law.


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