scholarly journals Statehood: the Essential Prerequisite for Law and Liberty

2021 ◽  
Vol 2 (2) ◽  
pp. 127-143
Author(s):  
John Laughland
Keyword(s):  
Decision Maker ◽  
19Th Century ◽  
Eu Law ◽  
Role Of Government ◽  
Early 19Th Century ◽  
European Values ◽  
Eu Project ◽  
Essential Prerequisite ◽  
The Eu

The attempt to subject Poland and Hungary to procedures under EU law for allegedly not respecting European values has its roots both in the supranational nature of the EU project and also in the differing concepts of the nation in the Eastern and Western halves of the continent.  The hegemonic West is deeply post-modern while former Communist states have retained some faith in the nation.  Globalisation generally, and the EU project in particular, are based on functionalist assumptions whose origins lie in the early 19th century, yet these fail to understand the eminently political nature of law: all jurisdictions are rooted in society and the state and it is the role of government to adjudicate between the competing claims of citizens.  This makes it very difficult, impossible even, to formulate universal rights since their formulation and application depend on interpretation, i.e. on jurisdiction, and therefore on the sovereignty of the ultimate decision-maker.

Devolution and differentiation: regional variation in EU law

Legal Studies ◽  
2010 ◽  
Vol 30 (3) ◽  
pp. 421-441 ◽  
Author(s):  
Jo Hunt
Keyword(s):  
State Level ◽  
Eu Law ◽  
Legal Studies ◽  
Catching Up ◽  
European Court ◽  
Or Groups ◽  
The Uk ◽  
Eu Project ◽  
The Eu

For some years now, there has been a growing orthodoxy in EU legal studies which maintains that the EU project is less about achieving uniformity of laws across the Member States, and more about managing flexibility and differentiation. However, for the most part, space for differentiation is recognised only as between states or groups of states. The present paper moves beyond this level to explore the scope for local differentiation, at a sub-state level. This inquiry has been motivated by the recent Horvath judgment, in which the European Court of Justice was asked whether differential implementation by the devolved administrations of the UK of certain EU law obligations was lawful. The paper places these developments alongside other judicial, legal and political developments, to demonstrate a growing recognition of the role of regions within the EU's multi-levelled system of governance, revealing that the EU order is, in some respects, finally catching up with the realities of the rise of devolution and decentralisation taking place across Europe. However, it is submitted that there is further the EU could and should go in recognising, if not a ‘Europe of the Regions’, then a ‘Europe with the Regions’.

scholarly journals Legal Regulation of Waste Management in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (2) ◽  
pp. 422-430
Author(s):  
Serhii Kidalov ◽  
Vitaliy Vitiv ◽  
Liudmyla Golovko ◽  
Viktor Ladychenko
Keyword(s):  
Waste Management ◽  
Well Being ◽  
Legal Regulation ◽  
Scholarly Work ◽  
Eu Law ◽  
Role Of Government ◽  
Eu Member States ◽  
European Standards ◽  
The Eu

The article is devoted to the research of problems of adaptation of Ukrainian legislation to the norms of EU law. The environmental well-being of the population depends on the legal regulation of waste management and the role of government agencies in controlling these activities. Particular attention in this scholarly work is paid to the overriding objective of learning from the experience of the EU member states by creating a qualitative mechanism and achieving the main result – improvement of national legislation by implementing European standards in the sphere of waste management.  Keywords: EU waste policy, EU law, waste management, municipal waste, adaptation of Ukrainian legislation to EU law

EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Functional Understanding ◽  
Scope Of Application ◽  
International Refugee Law ◽  
Border Controls ◽  
The Eu

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.

The Role of the CJEU in the Strengthening of the Participation of Third-Country Nationals in the Academic Life in the EU – Analysis of the Ruling of the CJEU in Case M.A. v Consul of the Republic of Poland in N

2021 ◽  
pp. 91-106
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
National Court ◽  
Eu Law ◽  
Foreign National ◽  
Residence Permit ◽  
Voluntary Service ◽  
Court Of Justice ◽  
The Republic ◽  
New Student ◽  
The Eu

The analyzed ruling is the first judgement which the Court of Justice passed in order to provide interpretationfor the new Student Directive (2016/801 of 11 May 2016 on the conditions of entry and residence ofthird-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemesor educational projects and au pairing). Due to its judiciary activism, the Court was able to find a connectionbetween the case pending before a national court and EU law in the case of M.A. In the end, the Court finallydecided that in the case at issue, regarding the rights of a foreign national to apply for a residence permit for thepurpose of enrolling in second-cycle studies programme in Poland, the procedure of applying for a long-stay visaon the grounds of national law must be safeguarded by the guarantees under Article 47 of the Charter of FundamentalRights. The guarantees apply to the actual states in which EU law is applicable – in this case the “StudentDirective.” It seems that the ruling in the case of M.A. will play a crucial role in facilitating students’ – TCNs’ – entryinto the territory of the Republic of Poland, while the Polish legislator, in all probability, will be obliged to changethe provisions of the national law in such a way as to make it possible for future students to access a full array oflegal remedies against the negative decisions of consuls.

scholarly journals Mother Behavior to Their Daughters As Seen in ''Pride and Prejudice" and "Little Women"

2019 ◽  
Vol 2 (4) ◽  
pp. 620-625
Author(s):  
Fitri Arniati ◽  
Muhammad Darwis ◽  
Nurhayati Rahman ◽  
Fathu Rahman
Keyword(s):  
19Th Century ◽  
Major Theme ◽  
The Novel ◽  
Pride And Prejudice ◽  
Late 19Th Century ◽  
Early 19Th Century ◽  
Little Women ◽  
Women's Role ◽  
The Right

This research is to study about the mother behavior to their daughters as seen in "Pride and Prejudice" and "Little Women". The mother behavior to their daughters show the different way of women as a mother in bringing up their children according to their social and condition at the time. The data were taken from two novels entitled "pride and prejudice" and "little women" is the topic of the study. The  women held in the early 19th century and the late 19th century was described as one that belonged in the home as a wife and mother, and that should marry a man who can support their family. Also throughout the novel women's role in society was described as one that is to be accomplished in household  chore and those of entertainment, such as singing  and playing music. The role of women in society was a major theme throughout the novel "Pride and Prejudice" and "Little Women" The method used in this research  is a study of comparative literature to analyze mother behavior especially for Mrs. Bennet, Lady Catherine de Bourgh, These women have similarities and different behavior in find the right mate for their daughters. This study shows that every woman has characteristics in caring for their children and paying attention to the survival of their children.

The “Polemical” Spirit of European Constitutional Law: On the Importance of Conflicts in EU Law

2015 ◽  
Vol 16 (6) ◽  
pp. 1343-1374 ◽  
Author(s):  
Giuseppe Martinico
Keyword(s):  
Constitutional Law ◽  
The Other ◽  
Preliminary Ruling ◽  
Eu Law ◽  
Constitutional Courts ◽  
Cautious Approach ◽  
Court Of Justice ◽  
The One ◽  
The Eu

Recently, scholars have argued of the necessity of going beyond “judicial dialogues” and “conflict-and-power” approaches to the analysis of the role of national Constitutional Courts in the Union. On the one hand, there are risks connected to a “too welcoming an approach by national constitutional courts to EU law”; on the other hand, it is possible to criticize both the Court of Justice of the EU (CJEU) and some national Constitutional Courts for other, less cooperative, decisions. I share this cautious approach for many reasons, and primarily because the preliminary ruling mechanism does not exhaust all the possible means of communication between constitutional courts and the CJEU. For instance, what Komárek calls “parallel references” can serve, in some circumstances, as a technique of alternative (or hidden) dialogue, that has favored a sort of “remote dialogue” over the years. My sole point of disagreement with this scholarly position is over the role of conflicts in this scenario. Whilst Komárek seems to confine conflicts to phenomena of mere resistance or to “‘cold’ strategic considerations,” in this work I am going to adopt a much broader idea of conflict, which goes beyond mere “conflicts and power games.”

EU Law (MiFID II) and effective regulation: a step towards financial stability?

2019 ◽  
Vol 26 (6) ◽  
pp. 833-848
Author(s):  
Mariia Domina Repiquet
Keyword(s):  
Financial Markets ◽  
Financial Stability ◽  
Financial Regulation ◽  
Duty Of Care ◽  
Eu Law ◽  
Systemic Risks ◽  
Two Sides ◽  
The Eu

This article examines to what extent EU law is effective in preserving global financial stability and, therefore, preventing financial crisis. A difference between macro- and micro-approaches to financial regulation is explained. Whilst the former is concerned with the minimization of systemic risks and maintaining of the financial stability, the latter is focused on the effective regulation of all financial markets’ players, whatever the size of their portfolios. These approaches are the two sides of the same coin, that is limiting the possibility that future financial crises will occur. This paper argues that the effective regulation of investment firms, especially their duty of care, helps to preserve overall financial stability. The choice of the MiFID II as a case study is explained by its appreciation as one of the biggest achievements of EU policymakers in the context of financial law so far. How does a duty to ‘know your customer’ affect global financial stability within the EU? What is the role of soft law in preserving the financial system? These are the questions that this paper seeks to answer.

Human Rights in the EU: Rethinking the Role of the European Convention on Human Rights after Lisbon

2011 ◽  
Vol 7 (1) ◽  
pp. 64-95 ◽  
Author(s):  
Wolfgang Weiß
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Legal Order ◽  
Fundamental Rights ◽  
European Convention ◽  
Eu Law ◽  
Eu Member States ◽  
Loss Of Autonomy ◽  
The Eu

Treaty of Lisbon – Fundamental Rights Charter – European Convention on Human Rights – Partial incorporation of Convention in Charter – Incorporation of Charter into EU law with Lisbon – Questions of loss of autonomy for the EU legal order – Gain in direct effect of Convention in EU member states

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