scholarly journals Evaluation of Member State Provisions Addressing Land Policy and Restitution by the European Commission

2021 ◽  
Vol 2 (2) ◽  
pp. 101-125
Author(s):  
Ágoston Korom
Keyword(s):  
Member State ◽  
European Commission ◽  
Agricultural Land ◽  
Land Policy ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Direct Discrimination ◽  
Quality Of Living

The scope of action of EU Member States’ land policies lies at the intersection of positive and negative integration. Therefore, if a Member State restricts the ownership and use of agricultural land, it implies both the legitimate restriction of fundamental freedoms and that it achieves the targets listed under the Common Agricultural Policy (CAP) on improving the quality of living for farmers in keeping with the case law of the Court of Justice of the European Union (CJEU). Despite this, it is worrisome that the EU’s control over negative integration does not allow Member States to create sustainable regulations. In contrast, the EU law leaves it entirely to the Member States to introduce restitution measures vis-à-vis the properties that were confiscated before their accession. The EU’s control prohibits direct discrimination against the citizens of other Member States. Under certain circumstances, according to the European Commission, the general principles of EU law and the provisions of the Charter can help individuals enforce restitution provisions. Bearing this in mind, we analysed the practice of the European Commission, its statements, and procedures against Member States, given that these are based on professional and/or political considerations. We examine the practice of the Commission and the CJEU vis-à-vis a Hungarian legislation on the so-called ‘zsebszerződések’. We also propose recommendations.

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.

scholarly journals Social Aspects of Transnational Corporations’ Activities in the New EU Member States

2012 ◽  
Vol 15 (3) ◽  
pp. 143-156
Author(s):  
Janina Witkowska
Keyword(s):  
Water Resources ◽  
European Commission ◽  
Policy Development ◽  
Water Policy ◽  
Integrated Management ◽  
Local Level ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
European Water

Water resources are among the most valuable resources of the natural environment. The sustainable and integrated management of these resources is the basis of European water policy. Pursuant to the Water Framework Directive, all waters in the European Union should achieve a state considered at least good by the year 2015. Just how this objective can be met continues to be a topic of discussions in some of the Member States. There exist serious problems and delays in performing and implementing the provisions of the Directive in most EU countries. What is more, the state of the water economy in several countries, including Poland, has been criticized by the European Commission. Many challenges stand before European water policy. They require solutions on a global and local level. This article presents current key problems and planned directions for EU water policy development, subjected to analysis and assessment. Note is taken on the newest initiative of the European Commission in the area of water policy, especially the plan for protecting Europe’s water resources—the Blueprint to Safeguard Europe’s Water Resources

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.

scholarly journals Vectors of EU Common Agricultural Policy Reforms for the Period 2021-2027 with in the International Marketing Environment

2021 ◽  
pp. 180-187
Author(s):  
Nataliia SHYBAIEVA ◽  
Tetiana KVIATKO ◽  
Otabeg AZIZOV
Keyword(s):  
European Union ◽  
European Commission ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Market Price ◽  
State Regulation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Impact

The article identifies the impact of agricultural policy on the development of state regulation of the economies of European Union member states (EU). The main reason for the implementation of the Common Agricultural Policy (CAP) for EU member states has been identified. Some key reforms have been analyzed implemented within the integration association. It was found that the reform of CAP is due to the need to address market price uncertainty, respond to expanding access to the EU market by free trade agreements, use digital technologies to improve the accuracy and efficiency of CAP tools, accelerate their practical application, increase attention to environmental issues, environment, and climate change. The article also presents the main economic and social goals of the CAP, which are included in the Treaty on the Functioning of the European Union. It is established that the institutional component of the CAP reform is reflected in the introduction of proposals into the legislative framework of the CAP for the period 2021-2027. The proposals of the European Commission were formulated in nine key objectives, which are considered in this article. Some tools, requirements for their use, and indicators for measuring progress towards the nine specific objectives of the CAP, which the European Commission has proposed to EU member states to achieve the defined goals are also analyzed. The CAP EU budget for 2014-2020 is considered and compared with the proposed budget for 2021-2027 (in constant 2018 prices).

scholarly journals Identifying Victims of Human Trafficking at Hotspots by Focusing on People Smuggled to Europe

2017 ◽  
Vol 5 (2) ◽  
pp. 69-80 ◽  
Author(s):  
Matilde Ventrella
Keyword(s):  
European Commission ◽  
Human Trafficking ◽  
Refugee Crisis ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Temporary Protection ◽  
Migrant Smuggling ◽  
Police Forces

Research has shown that smuggling of migrants is associated with human trafficking. Hence, victims of human trafficking amongst smuggled migrants should be identified by EU Member States at hotspots established by the European Commission, to overcome the migrant and refugee crisis. Identified victims should be given a visa and a programme of protection to escape their traffickers. In order to achieve these objectives, research suggests that EU law on migrant smuggling should be amended and the Temporary Protection Directive should be applied to smuggled persons when there is an indication that they may be victims of human trafficking. This approach should be adopted by the EASO in cooperation with police forces investigating smuggling and trafficking at hotspots.

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.

4. Direct actions in the Court of Justice of the European Union: Articles 258–260, 263, 265, 277, and 340 TFEU

2020 ◽  
pp. 65-89
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
European Commission ◽  
Judicial Review ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU (ex Articles 226 and 227 EC), respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations. Article 260 TFEU (ex Article 228 EC) requires compliance with the Court’s judgment. Article 263 TFEU (ex Article 230 EC) concerns judicial review of EU acts. The outcome of a successful action is annulment. Article 265 TFEU (ex Article 232 EC) provides for actions against the EU institutions for failure to act.

The Enforcement of Intra-EU BIT Awards: Micula v Romania and Beyond

2016 ◽  
Vol 17 (6) ◽  
pp. 942-963 ◽  
Author(s):  
Hanno Wehland
Keyword(s):  
European Commission ◽  
Eu Law ◽  
Present Contribution ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The European Commission and a number of EU Member States have long disputed the compatibility of intra-EU BITs with EU law. As illustrated by the Micula v Romania proceedings, where an investor seeks to enforce an intra-EU BIT award, which is seen as being in conflict with EU law, this can raise questions as to the extent to which an enforcing court should take this kind of conflict into account. The present contribution systematically analyses this issue with regard to both ICSID and non-ICSID awards, differentiating between enforcement proceedings within and outside of the EU. It concludes that within the EU even the enforcement of ICSID awards cannot be entirely taken for granted where such enforcement would lead to the violation of a fundamental provision of EU law.

scholarly journals Waste Management at the Local Level in the EU and Ukraine

2020 ◽  
Vol 9 (1) ◽  
pp. 329
Author(s):  
Viktor Ladychenko ◽  
Olha Melnychuk ◽  
Liudmyla Golovko ◽  
Oksana Burmak
Keyword(s):  
Waste Management ◽  
Local Level ◽  
Municipal Waste ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Waste Policy ◽  
Solid Municipal Waste ◽  
The Eu

The purpose of this article is to provide an overview of theoretical and practical issues related to the implementation of the responsibilities of bodies of local self-government for the management of solid municipal waste according to the Waste Framework Directive. Experience of EU Member States in this sphere was studied. The state of adaptation of Ukrainian legislation to the requirements of the European Union in the field of waste management has been investigated and proposals for implementation of experience of EU member states were made. Keywords: EU waste policy, EU law, waste management, municipal waste, adaptation of Ukrainian legislation to EU law

scholarly journals The Pact on Migration and Asylum as a the foundation of the new migration policy of the European Union

2021 ◽  
pp. 70-82
Author(s):  
Andrew Vyacheslavovich Rybakov
Keyword(s):  
European Commission ◽  
Migration Policy ◽  
Modern World ◽  
Common Denominator ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Effective System ◽  
Significant Step ◽  
The Eu

The relevance of the selected topic is substantiated by the fact that in modern world migration has become a significant factor in the development of both accepting countries and countries of origin. Europe hosts the largest number of migrants. Since 2015, the EU member-states have been experiencing strong migration pressure. The existing migration stands in need for reform. The New Pact on Migration and Asylum should be a significant step towards creating a reliable and effective system for regulation of migration. The subject of this research is the institutional and legal characteristics of the EU New Pact on Migration and Asylum. The article analyzes the proposals of the European Commission regarding the migration policy reform, as well as the political-legal mechanism for their implementation; contradictions between the member-states in the course of the relevant discussions. The following conclusions are made: 1) It must be admitted that the new approach of the European Commission is comprehensive and aimed at integration of the internal and external aspects of migration policy. 2) The structure of the Pact corresponds to the goals of migration policy and consists on three levels – external, namely relations with the countries of origin and transit of migrants; control over the external borders of the EU; a new system of permanent solidarity. 3) As an annex to the New Pact on Migration and Asylum, the European Commission has presented a roadmap for implementation of various proposals. However, by the end of 2021, the schedule for the adoption of legal documents is not being maintained. 4) The only common denominator between the different groups of countries is the orientation towards external actions aimed at curbing migration movements prior to their arrival to Europe. 5) The plan of the European Commission on adoption of rules obligatory for all member-states currently seems untenable, considering the clashing interests.

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