scholarly journals Building a climate policy in Belgium: flexible mechanisms in a flexible state?

elni Review ◽  
2005 ◽  
pp. 29-39
Author(s):  
Jan de Mulder
Keyword(s):  
Climate Change ◽  
Climate Policy ◽  
Emissions Trading ◽  
European Court Of Justice ◽  
Federal Level ◽  
Climate Change Issue ◽  
Court Of Justice ◽  
European Court ◽  
The Moment ◽  
Flexible Mechanisms

On January 19th 2005 the Commission announced to take Belgium, Greece, Finland and Italy to the European Court of Justice for not fully transposing Directive 2003/87/EC on CO2-Emissions Trading (ET-directive) into national law. This should have been done by 31 December 2003. In the case of Belgium, the Commission was taking this action for the reason that in Belgium the Directive had been transposed only in the Brussels and Walloon Regions. At the moment of the Commission’s announcement the Flemish region was almost ready with its draft-legislation, but this was of course not sufficient to convince the Commission. This contribution gives an overview of the policy developments regarding the climate change issue, both at the federal level and at the regional levels in Belgium. The Flemish situation gets some particular attention.

scholarly journals Recht auf Vergessen? Ethik der zweiten Chance?

2016 ◽  
Vol 64 (6) ◽  
Author(s):  
Christine Abbt
Keyword(s):  
Personal Data ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
Right To Be Forgotten ◽  
European Court ◽  
The Moment ◽  
The Individual ◽  
The Right ◽  
Second Chance

AbstractThe notion of ‘forgetting’ has assumed a new dimension in the digital age. Here I will examine a particular kind of forgetting as reflected in a ruling of the European Court of Justice (ECJ). What the ruling of the ECJ of May 13, 2014 (C-131/12) formulates and invokes as a “right to be forgotten” encompasses the right to co-determine whether certain personal data in the Web should immediately show up or not when a first name and surname is entered as part of a search. When a user has invoked the “right to be forgotten”, and it is determined that it applies, information is, however, not made irretrievable. It continues to remain possible to find this information in a roundabout way, i.e., by means of more precise search queries, although the information should not immediately become visible the moment a person’s full name is typed into a search engine. I will argue that this ruling can be seen as corroborating the fundamental rights of the individual. The idea of the “right to be forgotten” is to give a person a second chance in society. Not all forms of forgetting and remembering can be subsumed under this idea. As will be expounded, this court decision offers a useful normative fundament for the distinction between (1) legitimate attempts at reintegration, (2) legitimate attempts at rehabilitation and (3) unjustified recourse to a right to be forgotten.

Tarifentwicklungen nach einem Betriebsübergang

2019 ◽  
Author(s):  
Christian Weber
Keyword(s):  
General Assumption ◽  
European Court Of Justice ◽  
European Law ◽  
Business World ◽  
Collective Agreements ◽  
Court Of Justice ◽  
European Court ◽  
Labour Contracts ◽  
The Moment ◽  
German Constitutional Law

This thesis will appeal to those in both academia and the business world. It deals with the question of whether, after a business transfer in terms of § 613a of the German Civil Code (BGB), the parties in labour contracts are bound by amendments to the collective agreements established in the business of the seller. First, using a general approach, the thesis examines whether there is a justification for such amendments. In addition to that, it analyses the limits of the amendments, both under German constitutional law as well as under European law. According to the author, the essential criterion for whether the amendments apply to the parties in a labour contract is the ‘predictability’ of the amendments the moment the business transfer occurs. Subsequently, against the background of this general assumption, the author addresses several individual cases which the German Federal Labour Court (BAG) and the European Court of Justice have ruled on in recent years.

EU-UK relations enter a decisive period

2021 ◽  
Keyword(s):  
Climate Change ◽  
Northern Ireland ◽  
European Court Of Justice ◽  
Content Type ◽  
The United Kingdom ◽  
Court Of Justice ◽  
European Court ◽  
The Uk ◽  
Competitive Regions ◽  
The Eu

Significance The proposals are ambitious and bring both sides closer on some important issues, such as agrifood trade and customs paperwork. However, the proposals ignore UK demands to remove European Court of Justice (ECJ) oversight in Northern Ireland. This issue threatens to thwart a compromise. Impacts UK triggering of Article 16 would put pressure on Dublin to stop Irish businesses from buying goods from Northern Ireland. The UK government will seek to downplay tensions with the EU over the NIP until after the UN climate change conference in Glasgow. UK regulatory divergence will be a source of tension for EU-UK ties, as London will want Northern Ireland to follow the UK direction. If the NIP is fully implemented, Northern Ireland could become one of the most competitive regions in the United Kingdom.

scholarly journals Commentary on European Court of Justice judgement of 19 January 2017 in case C-460/15 Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland

2018 ◽  
Vol 29 (2) ◽  
pp. 25-30
Author(s):  
Przemysław Siwior ◽  
Joanna Bukowska
Keyword(s):  
Emissions Trading ◽  
European Court Of Justice ◽  
Precipitated Calcium Carbonate ◽  
Bundesrepublik Deutschland ◽  
Court Of Justice ◽  
European Court ◽  
Emissions Trading Scheme ◽  
Commission Regulation ◽  
Trading Scheme ◽  
The Eu

Abstract The aim of this article is to discuss the following judgement of the European Court of Justice in case C-460/15 Schaefer Kalk GmbH & Co. KG v Bundesrepublik Deutschland concerning the EU Emissions Trading Scheme (EU ETS): ‘The second sentence of Article 49(1) of Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and point 10(B) of Annex IV to that regulation are invalid in so far as they systematically include the carbon dioxide (CO2) transferred to another installation for the production of precipitated calcium carbonate in the emissions of the lime combustion installation, regardless of whether or not that CO2 is released into the atmosphere.’ [operative part of the judgment].

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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