The Development of the Air Transport Policy of the European Union from the Point of View of the Consumer: From the Creation of the Internal Market to the Regulation of Consumer Rights Proper

2014 ◽  
Keyword(s):  
European Union ◽  
Internal Market ◽  
Point Of View ◽  
Transport Policy ◽  
Air Transport ◽  
The European Union ◽  
Consumer Rights ◽  
The Creation

Harmonisation and Cooperation within the Third Pillar—Built in Risks

2001 ◽  
Vol 4 ◽  
pp. 15-23
Author(s):  
Petter Asp
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Maastricht Treaty ◽  
Internal Market ◽  
The European Union ◽  
Community Law ◽  
The Third ◽  
The Past ◽  
The Creation ◽  
Criminal Matters

During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all.During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European Political Co-operation one cannot really say that criminal law questions were formally on the agenda before Maastricht.

Negative and Positive Integration in EU Economic Law: Between Strategic Denial and Cognitive Dissonance?

2012 ◽  
Vol 13 (8) ◽  
pp. 979-1012 ◽  
Author(s):  
Pedro Caro de Sousa
Keyword(s):  
European Union ◽  
Market Integration ◽  
Due Process ◽  
Political Process ◽  
Prima Facie ◽  
Internal Market ◽  
The European Union ◽  
Degree Of Control ◽  
The Creation ◽  
The Eu

It is a generally held assumption that the EU economic free movement rights are tools in the creation of a European internal market; and that their main goal is the (negative) market integration of different national markets. Yet these freedoms do not determine how market integration is to proceed, or which kind of integrated European market will emerge. The resulting market may be more or less regulated, and the creation of the relevant regulatory rules may be allocated to a variety of sources. These options are reflected in the different proposed tests used to determine whether a national measure prima facie infringes one of the market freedoms. The proposed tests fall into two main categories—broad tests and narrow tests—and each type has its own implications for European integration. Broad tests, usually associated with obstacle tests or even with economic due process clauses, tend to be seen as having three main outcomes. One result of broad tests is centralization, implying that ultimate decisions concerning the legitimacy of national law rests with EU institutions, and particularly with the Court of Justice of the European Union (“the Court” or “CJEU”). Another outcome of broad tests is the possible harmonization of national laws through the European political process by increasing the amount of national legislation susceptible to being harmonized under Articles 114 to 118 on the Treaty on the Functioning of the European Union (“TFEU”). A third consequence of broad tests is deregulation through the elimination of national rules creating obstacles to trade. Alternatively, narrow approaches-usually associated with discrimination or typological tests-are usually coupled with regulatory pluralism via a greater degree of control of the harmonization competences of the EU, decentralization through the protection of a greater sphere of Member States' autonomy, and economic agnosticism. Views on the potential outcomes of broad and narrow tests are, in turn, related to normative debates about the ideal levels of centralization, harmonization, and regulation in the internal market.

scholarly journals PAN – EUROPEAN TRANSPORT CORRIDORS IN THE POLICY OF THE EUROPEAN UNION

2021 ◽  
Vol 112 ◽  
pp. 51-62
Author(s):  
Mirosław CZECH
Keyword(s):  
European Union ◽  
Economic Development ◽  
Creative Process ◽  
Transport Policy ◽  
Transport Network ◽  
Transport Infrastructure ◽  
The European Union ◽  
Eu Policy ◽  
The Creation ◽  
Efficient Transport

The issue of organising efficient transport within Europe is one of the areas of a common policy of the European Union, shaped for over 30 years. Poland has been participating in this creative process since May 1, 2004. The intensity of the development of transport and the economy of individual countries that do not only belong to the Community but also have a significant impact on changes in the European Union's transport policy aimed at improving the course of pan-European transport corridors. In parallel with the creation of an effective European transport network, the rapid economic development of the regions belonging to the Union, including Poland, is becoming increasingly important. This article aims to discuss the issue of the development of the trans-European transport corridors, which also passes through the territory of Poland. In addition, this paper aims to present changes in EU policy concerning the shaping of transport infrastructure in Europe, following which a single transport network is to be created soon, meeting the communication and economic needs of the countries belonging to the Community.

Preamble/Recitals

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
European Union ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Goods And Services ◽  
Free Movement Of Goods ◽  
The Creation

CONSIDERING that cooperation amongst the Member States of the European Union in the field of patents contributes significantly to the integration process in Europe, in particular to the establishment of an internal market within the European Union characterised by the free movement of goods and services and the creation of a system ensuring that competition in the internal market is not distorted;

Effet utile du contrôle préventif by Hybrid Legislative Procedures

2020 ◽  
Vol 28 (3) ◽  
pp. 470-482 ◽  
Author(s):  
Magdalena Skowron-Kadayer
Keyword(s):  
European Union ◽  
Internal Market ◽  
Point Of View ◽  
Official Journal ◽  
Careful Study ◽  
The European Union ◽  
Member States ◽  
National Budget ◽  
Legislative Procedures ◽  
Current Article

EU law has known coordination since its beginnings. A careful study of the Treaty on the Functioning of the European Union (in the following: Treaty or TFEU; see Official Journal No C 326 from 26 October 2012, pp. 0001– 0390) and numerous secondary law acts results in a variety of Member States’ obligations in connection with coordination. Through the years, relevant secondary legislation has been issued. In recent years, EU legislature has established new rules in sensitive – from Member States’ point of view – areas of national budget law. The coordination of budgetary policies constitutes both a new and a crucial instrument. Over the years, first the Contracting States and then EU legislature established tens of obligations to consult EU institutions on national draft laws. These mechanisms assume increasing importance. This very remarkable and at the same time under-discussed category deserves its own legal terms and definitions. The current article reviews legal uncertainties resulting from the application of procedural rules, suggests solutions, and coins new terms such as hybrid legislative procedures (Section 2) and effet utile du contrôle préventif (Section 3) that are crucial for a new dogmatic approach regarding the obligations to consult. Because national and EU legislative procedures overlap in the case of obligations to consult, many mistakes may occur at any stage. Current research tries to determine the consequences of violations of obligations to consult EU institutions on national legislative procedures (Section 4). In this respect, it deals with the settled case law of the Court of Justice of the European Union (hereinafter: Court or CJEU). The current article argues that the control of EU institutions over national law drafts is preventive and that the violation of a procedural obligation to consult can thus have only an indicative effect with regard to internal market disruption. New barriers to the internal market should not arise with the coming into force of a new law. This article introduces a new dogmatic approach towards obligations to consult, with the aim of avoiding legal uncertainty for national legislatures and practitioners.

Travelling Fast to Get Nowhere: Transport Policy in the European Union

Politics ◽  
1994 ◽  
Vol 14 (2) ◽  
pp. 67-73 ◽  
Author(s):  
Susan Baker
Keyword(s):  
European Union ◽  
Regional Development ◽  
Internal Market ◽  
Transport Policy ◽  
The European Union ◽  
Policy Area ◽  
Treaty Of Rome ◽  
The Common ◽  
Common Policies ◽  
The Eu

The Common Transport Policy of the EU is one of the three common policies mentioned in the Treaty of Rome. However, this policy area has seen few achievements It was not until the 1980's that any real attempt to develop a CTP began. The drive to complete the internal market has given this task a new urgency. However, the legacy of its past approach makes it difficult for the EU now to develop a successful transport policy. Varying explanations exist for this failing. Furthermore, the EU has failed to take account of the wider significance of transport policy, especially for regional development and for the environment.

scholarly journals Argumentative patterns in the European Union’s directives

2017 ◽  
Vol 6 (1) ◽  
pp. 76-96 ◽  
Author(s):  
Corina Andone ◽  
Florin Coman-Kund
Keyword(s):  
European Union ◽  
Internal Market ◽  
The European Union ◽  
Member States ◽  
Normative Framework ◽  
Court Of Justice ◽  
Consumer Rights ◽  
Eu Directives ◽  
Academic Discussion ◽  
Do So

Abstract This paper provides an account of the arguments advanced by the European Union (EU) legislator in the preamble of directives adopted for harmonization in the internal market, and assesses them as to their potential at convincing the Member States to implement the directive at issue. We show what directives should argue for and how they do so in practice, by focussing in particular on Directive 2011/83/EU on consumer rights. Furthermore, this contribution moves beyond a purely academic discussion by linking the theoretical-normative framework advanced to the Court of Justice of the European Union’s approach to assessing the preambles of EU directives in the context of the ‘check’ on the duty to state reasons under Article 296 Treaty for the of the Functioning of the European Union (TFEU). Our analysis unveils a legislative practice in which the obligation to give reasons is not discharged adequately from an argumentative perspective, and which remains generally unsanctioned due to the rather light and flexible test used by CJEU under Article 296 TFEU.

Harmonisation and Cooperation within the Third Pillar—Built in Risks

2001 ◽  
Vol 4 ◽  
pp. 15-23
Author(s):  
Petter Asp
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Maastricht Treaty ◽  
Internal Market ◽  
The European Union ◽  
Community Law ◽  
The Third ◽  
The Past ◽  
The Creation ◽  
Criminal Matters

During the past nine years, co-operation in criminal matters within the European Union has developed in a rather fascinating way. Before the Maastricht Treaty, which entered into force in 1993, there was not much co-operation in this area at all. During the time before Maastricht, the focus was on the creation of the internal market, on the rules on competition etc. and criminal law did not fall within the scope of the Treaties. Thus, although Community law had (and has) some implications for national criminal law and despite the fact that some conventions were agreed upon within the European Political Co-operation one cannot really say that criminal law questions were formally on the agenda before Maastricht.

Austrian Veto against European Union Membership Negotiations with Turkey

2020 ◽  
Vol 8 (1) ◽  
pp. 103-122
Author(s):  
Ewa Kaczan-Winiarska
Keyword(s):  
European Union ◽  
European Commission ◽  
Security Policy ◽  
Negotiation Process ◽  
Point Of View ◽  
The European Union ◽  
Strategic Partner ◽  
Key Factor ◽  
European Standards ◽  
The Eu

The Austrian government is extremely sceptical about the accession negotiations which are conducted by the European Commission on behalf of the European Union with Turkey and calls for the negotiation process to end. Serious reservations of Vienna have been raised by the current political situation in Turkey under the rule of President Recep Tayyip Erdogan, as well as by the standards of democracy in Turkey, which differ greatly from European standards. Serious deficiencies in rule of law, freedom of speech and independence of the judiciary, confirmed in the latest European Commission report on Turkey, do not justify, from Vienna’s point of view, the continuation of talks with Ankara on EU membership. In fact, Austria’s scepticism about the European perspective for Turkey has a longer tradition. This was marked previously in 2005 when the accession negotiations began. Until now, Austria’s position has not had enough clout within the European arena. Pragmatic cooperation with Turkey as a strategic partner of the EU, both in the context of the migration crisis and security policy, proved to be a key factor. The question is whether Austria, which took over the EU presidency from 1.7.2018, will be able to more strongly accentuate its reservations about Turkey and even build an alliance of Member States strong enough to block Turkey’s accession process.

scholarly journals European Regional Inequalities: The Other Face of Development

2017 ◽  
Vol 9 (4) ◽  
pp. 163
Author(s):  
Celeste Perrucchini ◽  
Hiroshi Ito
Keyword(s):  
European Union ◽  
Empirical Evidence ◽  
Capita Income ◽  
Relevant Literature ◽  
Point Of View ◽  
The European Union ◽  
Per Capita Income ◽  
Member States ◽  
Eu Member States ◽  
Per Capita

Empirical evidence suggests an overall convergence in terms of GDP and per capita income occurring among the European Union (EU) Member States. Nevertheless, economic inequalities have been increasing at the regional level within European Union countries. Through the review of relevant literature, this study analyzes the increasing inequalities from an economical point of view, focusing on Italy and the UK as examples. First, a general overlook of the empirical evidence of the GDP and per capita income at national and sub-national levels will be presented. Second, an explanation of the possible causes of the results will be proposed through the use of economical and sociological theories. The findings of this research might uncover the relative inefficacy of EU Cohesion policies and point towards the necessity for deeper and more thoughtful measures to continue the convergence of Member States while preserving internal equilibria. This paper ends with discussions for the future directions of the EU.

Sign in / Sign up

Export Citation Format

Share Document