Członkostwo bez akcesji? Norwegia i Islandia a stosowanie prawa Unii Europejskiej

2017 ◽  
Vol 15 (15) ◽  
pp. 423-442
Author(s):  
Michał Drgas
Keyword(s):  
European Union ◽  
Border Crossing ◽  
The Other ◽  
European Economic Area ◽  
Eu Law ◽  
The European Union ◽  
Economic Area ◽  
Eu Policies ◽  
The One ◽  
Do So

Norway and Iceland are two states that are closely integrated with the European Union (EU) despite formally not being its members. Above all this is a result of them being bound by parts of EU law. On the one hand, as members of the European Economic Area, they apply EU laws that constitute its internal market as well as acts related to most of other EU policies once contained in its first pillar. On the other hand, being Schengen associated states, they are also required to apply EU border crossing and asylum rules and regulations. The article examines the mechanisms and procedures employed to enable the two states to apply EU law as well as ensure its proper application. It also investigates the range of EU laws that Norway and Iceland are obligated to follow and the degree to which they do so.

scholarly journals The interpretation complying with EU law manifested in the case law unifying judgment No. 15/2013 of the Portuguese Supreme Court of Justice

2016 ◽  
Vol 2 ◽  
pp. 82-96
Author(s):  
Carla Machado
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
The One

This article aims to address the interpretation that has been made by Portuguese courts in relation to the concept of “communication of the work to the public” enshrined in Article 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, duly transposed into the Portuguese legal order by Law No. 50/2006 of 24 August, which culminated in the drafting of the case law unifying judgment No. 15/2013. By verifying its content and analysing the case law of the Court of Justice of the European Union (hereinafter CJEU), concerning the interpretation of that concept, we conclude that the said case law unifying judgment does not comply with EU law. Therefore, we will list, on the one hand, the inherent consequences regarding the upkeep of the interpretation that has been held by the Portuguese judicial authorities and, on the other, we will suggest solutions for the resolution of similar cases by appealing to the principle of conforming interpretation.

scholarly journals Preparing the European Union for the next pandemic – half way there

2007 ◽  
Vol 12 (51) ◽  
Author(s):  
A Nicoll ◽  
P Kreidl ◽  
Keyword(s):  
European Union ◽  
Influenza Pandemic ◽  
The Other ◽  
European Economic Area ◽  
The European Union ◽  
Member States ◽  
European Economic ◽  
Economic Area

In early 2005, the institutions and member states of the European Union (EU), together with the other European Economic Area (EEA) member states of Iceland, Liechtenstein and Norway, started preparing in a concerted manner for the next influenza pandemic.

Part V Global and Regional Security Mechanisms, Ch.54 The European Union

2021 ◽  
Author(s):  
Nanopoulos Eva
Keyword(s):  
European Union ◽  
International Law ◽  
The Other ◽  
Regional Security ◽  
Security Architecture ◽  
Eu Law ◽  
The European Union ◽  
Global Security ◽  
The One ◽  
The Eu

This chapter explores the European Union’s relationship and contribution to the international law of global security through the lens of ‘ambivalence’. The reasons for this approach are threefold. First, that relationship oscillates between symbiosis and friction. On the one hand, the European Union (EU) has been gradually integrated into the global security architecture. On the other hand, the EU, as a power bloc and ‘autonomous’ legal community, also provides a source of conflict with, disassociation from, or destabilization of, global security arrangements. Second, the interaction between EU law and global security law, as well as the substantive contribution of the EU to the law of global security, produces mixed results. Finally, the ambivalence of the EU as a ‘global security provider’ has also explanatory value when it comes to contemporary developments and challenges, particularly as they emerge from the EU’s response to the increased ‘questioning’ of the European project and the global liberal order more generally, and that cut across several aspects of global security.

scholarly journals How to Bridge the Gaps between Competing Paradigms for EU Law: An Introduction

2017 ◽  
Vol 9 (2) ◽  
pp. E-I-E-XIX
Author(s):  
Marta Simoncini ◽  
Gert Straetmans
Keyword(s):  
European Union ◽  
European Identity ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
Eu Integration ◽  
Eu Policies ◽  
The One ◽  
First Time ◽  
The Eu

Abstract For the first time since its creation, the European Union (EU) has been living its probably most significant identity crisis. This crisis has its roots in different critical situations that have hit the EU, have affected its functioning and have fundamentally questioned its legitimacy. The gaps in the EU integration process have been uncovered and the fragmentation of EU policies has become a source of different risks. On the anniversary of sixty years of the Rome Treaties, this Special Issue aims to reflect on the paradigms for EU law looking beyond their competing accounts of EU integration. The analysis is developed through a series of contributions that challenge the paradigms in different directions. The discussion is articulated on two levels. On the one hand, a group of contributions focuses on the historical and legal analysis of the emergence and transformation of the EU legal order. These contributions delve deeper into the absence of a European identity and go beyond the inherent critique that the EU is a demoi-cracy that struggles with a democratic disconnect or even deficit. On the other hand, other contributions debate paradigms and their implementation in important policy domains. These contributions aim to give a more practical perspective on the constitutional and/or administrative character of the European Union, showing its implications and concrete questions.

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

The EU Influence on Norwegian Domestic Legislation for the Protection of the Arctic Marine Environment

2018 ◽  
Vol 33 (2) ◽  
pp. 415-435 ◽  
Author(s):  
Elise Johansen
Keyword(s):  
European Union ◽  
Marine Environment ◽  
The Arctic ◽  
European Economic Area ◽  
The European Union ◽  
Environmental Legislation ◽  
Economic Area ◽  
Domestic Legislation ◽  
Marine Areas ◽  
The Eu

Abstract In the last several decades, the European Union (EU) has demonstrated its intention to play an important role in supporting Arctic cooperation and helping to meet the challenges now facing the region. Norway, one of the five Arctic coastal states, and the EU have cooperated closely in this regard, particularly through the Agreement on the European Economic Area (EEA Agreement). This article examines how Norway’s domestic legislation applicable to its Arctic marine areas has been influenced by the development of EU environmental legislation. Specifically, this paper provides a discussion and analysis of the relevant Norwegian laws and mechanisms used to regulate how EU environmental legislation has been incorporated into Norway’s domestic legislation through the EEA Agreement.

If in Doubt, Leave it Out? EU Precaution in WTO Regulatory Space

2010 ◽  
Vol 1 (1) ◽  
pp. 20-30 ◽  
Author(s):  
James Flett
Keyword(s):  
European Union ◽  
Political Authority ◽  
The Other ◽  
The Political ◽  
International Level ◽  
Eu Law ◽  
The European Union ◽  
International Organisations ◽  
Balanced Approach ◽  
Available Information

This article reviews the way in which the concept of precaution, as commonly referenced in EU law, is received in the WTO. It argues that precaution is not a principle, but one facet of a principle of making rational judgments based on available information, the other facet of which is “that risk is worth taking”. Systematically pursuing high cost measures in response to low risks is not a balanced approach, and has probably contributed to the scepticism with which the concept is viewed in the WTO. However, this article goes on to argue that, without needing to be a principle, precaution is the determining legal feature in the SPS Agreement, because, unlike in the European Union, there is no legislative harmonisation of SPS measures at international level, WTO Members being free to set their own appropriate level of protection. In fact, the concept of precaution is relevant in the context of many other WTO provisions and is in some respects quite close to the concept of subsidiarity. Notwithstanding this, the first WTO SPS cases, driven by regulatory exporters and an interventionist WTO, have excessively emphasised scientific issues, masking policy judgments that the WTO has neither the legal nor the political authority to sustain. The article concludes that the proper way forward necessitates closer political, legal and administrative links between the WTO and other relevant international organisations, and a move away from consensus in the latter.

scholarly journals DEFINITION OF NEW SPATIAL REGIONS IN SOUTH-EAST EUROPE

2020 ◽  
Vol 8 (11) ◽  
pp. 449-454
Author(s):  
Kamen Petrov ◽  
Keyword(s):  
European Union ◽  
Regional Development ◽  
European Economic Area ◽  
The European Union ◽  
East Europe ◽  
Cross Border ◽  
South East Europe ◽  
Economic Area ◽  
Definition Of ◽  
Cross Border Cooperation

The exhibition presents the problems of cross-border cooperation and opportunities for partnership. Within the European Union, conditions are created for regional development on the national territory, as well as for border and cross-border cooperation. In this direction, the article outlines the processes of building a number of Euroregions, which are designed to promote regional development. This report will clarify some of the reasons for their construction, their role and what model of cooperation is available within the European Economic Area.

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