Enforcement of the EU ETS in the Member States

elni Review ◽  
2015 ◽  
pp. 17-23
Author(s):  
Jonathan Verschuuren ◽  
Floor Fleurke
Keyword(s):  
Member State ◽  
Research Question ◽  
State Level ◽  
Central Research ◽  
Eu Ets ◽  
Member States ◽  
Eu Member States ◽  
Ex Post ◽  
Compliance Mechanism ◽  
The Eu

Although the EU ETS has been operating in three trading periods for ten years and has been extensively covered by legal research, there has been remarkably little attention given to the enforcement of the ETS. Although, generally, we have seen an increasing centralization of the EU ETS, monitoring and enforcement are still largely in the hands of the emissions authorities in the states in which the EU ETS operates: 28 EU Member States plus Norway, Liechtenstein and Iceland. This article reports on the main findings of an ex-post evaluation of the legal implementation of the EU ETS at Member State level with a focus on compliance. The central research question was: Has the effectiveness of the compliance mechanism of the EU ETS improved in the third period (2013-2020)? What further improvements (if any) are necessary? To answer this question, the authors of this article have described the relevant EU law in each of the three periods, reviewed previous evaluations and relevant research projects, and evaluated the implementation of the EU ETS in selected Member States, both through existing sources and through interviews with key players in the compliance mechanism at Member State level. The Member States that the authors studied for the latter part of the project were Germany, the Netherlands, Hungary, Greece, Poland and the UK.

scholarly journals An Assessment of Carousel Value-Added Tax Fraud in The European Carbon Market

2017 ◽  
Vol 13 (2) ◽  
Author(s):  
Maria Berrittella ◽  
Filippo Alessandro Cimino
Keyword(s):  
Computable General Equilibrium ◽  
Emission Trading ◽  
Value Added ◽  
Carbon Market ◽  
Eu Ets ◽  
The European Union ◽  
Value Added Tax ◽  
Member States ◽  
Eu Member States ◽  
The Eu

AbstractThe literature on the European Union Emission Trading System (EU ETS) is by now very rich. Much is known about the efficiency, the effectiveness, and the environmental and distributional impacts of the EU ETS. Less, however, is known about the carousel value-added-tax (VAT) fraud phenomena in the European carbon market. This article evaluates the welfare effects of carousel VAT fraud in the EU ETS using a computable general equilibrium (CGE) analysis. According to our findings, if VAT fraud occurs in the EU ETS, the effects on welfare for the EU Member States are negative, with welfare loss significantly higher than the VAT fraud value. This article also discusses the reverse charge mechanism that EU Member States could adopt to reduce the VAT fraud phenomena in the European carbon market.

scholarly journals Difference of application of VAT in EU member states during the supply of goods including installation

2008 ◽  
Vol 56 (3) ◽  
pp. 47-56
Author(s):  
Petr David ◽  
Danuše Nerudová
Keyword(s):  
Czech Republic ◽  
Member State ◽  
Scientific Work ◽  
The State ◽  
Member States ◽  
Standard Methods ◽  
Eu Countries ◽  
Eu Member States ◽  
The Eu

There still exist the differences in provision of VAT, in interpretation of VAT provisions and application of the rules in practice between the EU member states. Application of VAT during the supply of goods with installation to other EU member state, both during the existence of establishment in the state of customer and also without it, is considered to be one from the problematic field. Other discrepancies are created by inclusion of the sub suppliers, who can come from other EU member state or from the same state as customer, to this transaction. Questions of VAT application during the supply of goods with installation to other EU member state were processed by using standard methods of scientific work in the frame of five selected EU countries – Hungary, Poland, Romania, Slovakia and Czech Republic.

Responding through transposition: public Euroskepticism and European policy implementation

2016 ◽  
Vol 10 (1) ◽  
pp. 51-70 ◽  
Author(s):  
Christopher J. Williams
Keyword(s):  
Policy Implementation ◽  
Member State ◽  
Public Attitudes ◽  
State Governments ◽  
The European Union ◽  
European Policy ◽  
Member States ◽  
European Directives ◽  
Eu Member States ◽  
The Eu

Do public attitudes concerning the European Union affect the speed with which member states transpose European directives? It is posited in this article that member state governments do respond to public attitudes regarding the EU when transposing European directives. Specifically, it is hypothesized that member state governments slow transposition of directives when aggregate public Euroskepticism is greater. This expectation is tested using extended Cox proportional hazard modeling and data derived from the EU’s legislative archives, the official journals of EU member states, and the Eurobarometer survey series. It is found that member state governments do slow transposition in response to higher aggregate public Euroskepticism. These findings have important implications for the study of European policy implementation, as well as for our understanding of political responsiveness in the EU.

The (Rebuttable) Presumption of the European Union Member States as ‘Safe Countries’ under the Dublin Regulation

2012 ◽  
pp. 240-255
Author(s):  
Cristina Contartese
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
European Court ◽  
Dublin Regulation ◽  
Effective Remedy ◽  
European Union Member States ◽  
The Eu

The purpose of this chapter is to analyze a particular aspect of the so-called Dublin Regulation, whose aim is to determine the European Union (EU) Member State responsible for examining an asylum application, that is, the presumption that the EU Member States are “safe countries.” Although the notion of “safe country” is on the base of the Dublin Regulation functioning mechanism, as it implies that any EU Member States can transfer an asylum seeker to any other EU country which is responsible, the authors contend that the safety of an EU Member State can be given as presumed for the purpose of asylum seekers. The analysis of the present work starts, firstly, with the examination of the notion of “safe country” under the Dublin Regulation. In the second part, relying on the European Court of Human Rights’ (ECHR) case-law, it will be discussed to what extent the Court of Strasbourg clarifies the notion of “safe countries” and the test it applies to it. Finally, the Commission’s proposal for a recasting of the Dublin Regulation will be analysed with the aim of foresee possible future developments of the EU law mechanisms to rebut such a presumption as applied to the EU Member States. It will emerge that in order to assess the safety of an EU Member State, attention has to be given to the prohibition of both direct and indirect refoulement as well as to the effective remedy at the EU Member State’s domestic level.

Implementacja polityk unijnych w Polsce i pozostałych krajach członkowskich, z perspektywy kryzysu w UE

2015 ◽  
pp. 70-89
Author(s):  
Renata Mieńkowska
Keyword(s):  
Member State ◽  
Economic Crisis ◽  
Decision Makers ◽  
Eu Law ◽  
Member States ◽  
Implementation Challenges ◽  
Eu Member States ◽  
Eu Policies ◽  
The Eu

In the article the author analyses the most important challenges of implementation of the EU policies in the member states during the EU economic crisis. The main aspects analysed in the article are: major problems faced by the EU member states in the context of the crisis regarding implementation of the EU law, changes in the mechanisms of implementation, challenges for the Eurozone in a time of crisis, comitology procedures and their meaning during the crisis. The article contains recommendations regarding implementation of the EU law for decision-makers on both the EU and member state levels.

scholarly journals Comparison of selected indicators of farms in the EU member states

2011 ◽  
Vol 57 (No. 2) ◽  
pp. 71-84 ◽  
Author(s):  
V. Bašek ◽  
J. Kraus
Keyword(s):  
Member State ◽  
International Comparison ◽  
Agricultural Production ◽  
Agricultural Land ◽  
Added Value ◽  
Member States ◽  
Data Network ◽  
Eu Member States ◽  
Farm Accountancy Data Network ◽  
The Eu

The following international comparison of selected indicators of farms stems from the official results of investigations on holdings incorporated in the "Farm Accountancy Data Network" (FADN) and it is based on the standard outputs recalculated for the average agricultural holding in each Member State. The paper accepts the mandatory concept that defines the basic indicators serving to illustrate the creation and division of income from farming in the FADN system. The presentation of the results develops from the indicators assessing the overall agricultural production divided into its basic components. Production and cost indicators, operational subsidies, gross and net added value per one hectare of agricultural land, or per one AWU and other derived indicators are analysed.

scholarly journals Relevant questions of the European civil procedure

2020 ◽  
pp. 1-10
Author(s):  
Nikolay Svetlozarov Dimitrov
Keyword(s):  
Member State ◽  
National Court ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Primary Role ◽  
Member States ◽  
Eu Member States ◽  
The Subject ◽  
The Republic ◽  
The Eu

The subject of this research the questions associated with admission and consideration of civil and commercial cases by the EU member-states in the Republic of Bulgaria, as well as with recognition and execution of court rulings in the member-state delivered in another EU member-state. The subject of this research is the discrepancies between the national norms applicable to jurisdiction and recognition of court rulings delivered in other member-states, as well as the degree of impact of these discrepancies impeding the functionality of domestic market in the EU. Emphasis is placed on comprehensive examination of case law in Bulgaria with regards to recognition and consideration of civil and commercial cases with an international element. The main conclusion consists in the statement that the norms of international civil procedure play a primary role in the civil procedure. In each particular case, the norms of international civil procedure determine the court that would defend the infringed right, define the formal rules, etc. The author's special contribution lies in recommendation on the improvement of legal regulation and acceptance of equal terms on execution of foreign and national court decisions within the framework of all EU member-states.

scholarly journals The EU Policy toward Libya

2020 ◽  
pp. 29-40
Author(s):  
Tarek Megerisi
Keyword(s):  
State Level ◽  
Member States ◽  
Eu Member States ◽  
Ability To Act ◽  
European Unity ◽  
Joint Policy ◽  
European Policies ◽  
Conflicting Interests ◽  
Litmus Test ◽  
The Eu

The Libyan crisis has been a litmus test for European unity and the EU’s ability to act together. Europe's relations with post-revolutionary Libya and European policies on Libya have been characterized by the frequently conflicting interests of Paris, London and Rome, with Berlin emerging as a result of a UN invitation to try and put an end to the instability in Libya. Until the January 2020 Berlin summit, European political and diplomatic interaction with Libya was the domain of EU Member States, with the EU being limited to performing the familiar functions of lending its administrative weight to joint policy roles such as countering migration, promoting business or supporting a developmental road towards stability. All in all, EU strategy remains committed to decision-making mechanisms at Member State level; however, what is exposed in Libya is that the EU toolbox can be a valuable weapon if Europe has a coherent stance. A continuing struggle between member states over how to handle the new world that is emerging in the wake of the Pax Americana is also exposed in European policy on Libya.

Part II The Notion of State Aid, 5 Distortion of Competition and Effect on Trade between EU Member States

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
Member State ◽  
Case Law ◽  
State Aid ◽  
Member States ◽  
Eu Member States ◽  
Common Trend ◽  
State Measure ◽  
The Common ◽  
The Impact ◽  
The Eu

This chapter discusses the distortion of competition and the effect on inter-Member State trade conditions. Article 107(1) TFEU provides that State aid is prohibited if two complementary conditions are fulfilled, namely if the State measure in issue distorts or threatens to distort competition and affects trade between Member States. The common trend within the EU Courts' case law is that no actual assessment of these criteria is required. In order to establish that competition is distorted and trade between Member States affected, it is not necessary to define the market or to carry out a thorough investigation as regards the impact that the contested measure might have upon the economic operators involved. All that matters is whether an advantage is granted to a market operator, at the detriment of another which will, as a matter of fact, encroach upon the good functioning of competition and trade between Member States.

THE EUROPEAN COMMISSION AS THE GUARDIAN OF THE TREATIES

2021 ◽  
Vol 66 (05) ◽  
pp. 160-163
Author(s):  
Sevil Aliheydar Damirli ◽  
Keyword(s):  
European Union ◽  
Member State ◽  
European Commission ◽  
The European Union ◽  
Member States ◽  
Community Law ◽  
Eu Member States ◽  
The Guardian ◽  
Eu Commission ◽  
The Eu

As in any community, coexistence and cooperation only works if it is well organized. In the EU, there are EU bodies for this purpose. We all know that living together of different members can often lead to a dispute. In the European Union, the subject of dispute can not only be the violation of primary law, but also the violation of secondary community law. In order to better understand the important role of the Commission in the EU, we examine in this paper its composition and Tasks. We know that the European Union is based on the rule of law. This means that every EU activity is based on treaties that have been accepted by all EU Member States on a voluntary and democratic basis. A contract is a binding agreement between the EU member states. It sets out the objectives of the EU, the rules governing the EU institutions, the decision-making process and relations between the EU and its Member States. Therefore it is important to adhere to these treaties to carry out community policy. According to Art. 258 and 259 of the Treaty on the Functioning of the EU, actions for breach of contract can be filed against a Member State by the EU Commission or another Member State (1, Art.258-259). For the European Commission, as the «Guardian of the Treaties», this option is a particularly important instrument of power politics that it can use against member states' governments that do not recognize or do not comply with the norms of Community law. In practice, the infringement procedures requested by the Commission are of particular importance for ensuring compliance with Community law by the Member States. In no other area does the Commission have so much power and independence against the Member States. Now we should take a closer look at the EU institution and especially the EU Commission.

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