The very basis of our existence*

2011 ◽  
Author(s):  
Beate Sjåfjell
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Three Dimensions ◽  
The Political ◽  
Practical Implementation ◽  
Eu Law ◽  
The European Union ◽  
Legal Basis ◽  
Environmental Dimension ◽  
Sustainable Societies

This chapter focuses on the neglected environmental dimension of sustainable development. It argues that ecological sustainable development as the new law is not only supported by normative necessity but also has a legal basis in the law of the European Union. The political and bureaucratic will to carry through the necessary practical implementation is, however, lacking. This does not affect the validity of the legal basis or that of the obligations flowing from the legal basis. Rather, it indicates a need to keep repeating the message until it gets through. The chapter outlines the legal basis and its implications for the prioritisation between the three dimensions in EU law. It concludes with some reflections on the possible contribution of labour to the necessary transition to sustainable societies.

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.

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 Europos Sąjungos kompetencijos reguliuoti bankroto procesą ribos

Teisė ◽  
2009 ◽  
Vol 73 ◽  
pp. 89-101
Author(s):  
Laura Kirilevičiūtė
Keyword(s):  
European Union ◽  
The Political ◽  
The European Union ◽  
Legal Basis ◽  
Judicial Cooperation ◽  
Political Will ◽  
Cross Border ◽  
Legislative Activity ◽  
Council Regulation ◽  
Insolvency Proceedings

Straipsnyje nagrinėjamos 2000 m. gegužės 29 d. Tarybos reglamento (EB) Nr. 1346/2000 dėl bankroto bylų rengimo ir priėmimo metu egzistavusios istorinės ir teisinės prielaidos, turėjusios įtakos pasirink­tai reguliavimo dalyko apimčiai. Europos Sąjungos teisėkūros teisminio bendradarbiavimo su užsieniu susijusių civilinių bylų srityje šiuolaikinių tendencijų kontekste analizuojama Europos Sąjungai suteik­tos kompetencijos reguliuoti bankroto bylas apimtis ir jos sampratos pokyčiai per devynerius metus po reglamento priėmimo. Keliama ir grindžiama hipotezė, kad Europos Sąjunga dar visa apimtimi neįgy­vendino savo kompetencijos reguliuoti bankroto bylas, todėl tikėtina, kad ateityje šio reglamento re­guliavimo dalykas bus išplėstas. Teisinės prielaidos tam yra pakankamos. Reguliavimo dalyko apimties pasirinkimą nulems ir politinė valia. This article deals with legal-historical preconditions, which existed while preparing and adopting Council regulation (EC) 1346/2000 of May 2000 on insolvency proceedings. These preconditions have influenced the choice of the scope of this regulation. The scope of the competence of The European Union to regulate insolvency proceedings as well as the changes of its conception during the nine years after the adoption of this regulation is analysed in the context of recent tendencies of European Union legislative activity in the field of judicial cooperation in civil matters with cross-border implications. Hypothesis, that is raised and reasoned, is: The European Union has not exercised its competence to regulate insolvency proceedings in full amount yet. Thus, in the future, it is likely, that the scope of this regulation will be ex­tended. Legal basis for that is sufficient. The choice will depend on the political will as well.

4. The Supremacy of EU Law and its Reception in the Member States

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
The Political ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Questions And Answers ◽  
Legal Arguments ◽  
Political Logic

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the Court of Justice of the European Union (CJEU (or also abbreviated CoJ)).

scholarly journals Assessing the Role of the Framework Programmes for Research and Innovation ‘Horizon 2020’ and ‘Horizon Europe’ in Sustainable Development of the European Union

2020 ◽  
Vol 208 ◽  
pp. 08025
Author(s):  
Elena Rodionova ◽  
Zhanna Kuzminykh ◽  
Ekaterina Gamova
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Innovation Policy ◽  
Practical Implementation ◽  
The European Union ◽  
Cooperative Research ◽  
The Sustainable Development ◽  
Horizon 2020 ◽  
Research And Innovation ◽  
Framework Programmes

The authors present the results of their research into the European Union’s innovation policy and the framework programmes for research and innovation as a key tool for ensuring sustainable development in Europe. The study has found that the EU innovation policy has a strong focus on achieving the goals of the economic, social and environmentaldimensions of the sustainable development agenda. Besides, attaining certain innovation indicators itself is a target of sustainable development. The current Horizon 2020Programme and the future Horizon Europe Programme are clearly aligned with the EU’s sustainable development strategic documents. As one of the leaders in the practical implementation of this concept, the European Union is setting standards and directions for further action for other countries and regions while remaining open to cooperative research and projects.

Das Brexit-Abkommen und Europarecht

2020 ◽  
Author(s):  
Robert Frau
Keyword(s):  
European Union ◽  
Member State ◽  
The Political ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
Political Debate ◽  
European Union Law ◽  
Economic Law ◽  
The Eu

This book analyses the legality of the Brexit agreement under European Union law. While the political debate has been highly publicised in recent months, a legal analysis was always lacking. This legal analysis deals with the interpretation and application of the draft withdrawal agreement, the ECJ’s responsibilities, EU citizenship for British citizens after Brexit, the framework within which British authorities can apply EU law, creating laws after Brexit as well as the law on movement of goods and customs. This monograph compares the agreement with other manifestations of integration and association throughout the European Union, and it deals with the ECJ’s jurisprudence extensively. Last but not least, it applies the agreement to the external economic law of the EU. Beyond Brexit, the monograph proposes a framework for the application of EU law by a non-member state.

scholarly journals Modern directions of European Union’s Common Transport Policy in the context of sustainable development

2018 ◽  
Vol 19 (6) ◽  
pp. 138-143
Author(s):  
Karolina Kuklińska
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Critical Analysis ◽  
Legal Framework ◽  
Transport Policy ◽  
Eu Law ◽  
The European Union ◽  
Sustainable Transport ◽  
Societal Issues ◽  
The Common

The aim of the article is to indicate the main directions of the European Union's Common Transport Policy in the context of sustainable development. The article discusses the legal framework of the Common Transport Policy of the European Union as shared competence and characterizes the concept of sustainable development from the perspective of primary EU law. Further, the critical analysis of current challenges imposed on the sustainable transport is conducted from the perspective of technology, environmental protection and societal issues, focusing on their impact on the further actions of the European Union in this area.

scholarly journals Prawno-konstytucyjne implikacje wystąpienia Wielkiej Brytanii z Unii Europejskiej – perspektywa brytyjska

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 163-173
Author(s):  
Łukasz Danel
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
The Political ◽  
Eu Law ◽  
The European Union ◽  
History Of ◽  
The Government ◽  
British State

Legal and Constitutional Implications of the United Kigdom’s Withdrawal From the European Union – the British PerspectiveThe article is dedicated to the issue of legal and constitutional implications of Brexit seen from the perspective of United Kingdom of Great Britain and Northern Ireland. The author advances a thesis that the withdrawal from the European Union will be the most complicated legal operation in the history of the British state as for more than 40 years United Kingdom has been a part of European Communities (today’s European Union) which affected greatly the British legal system. In order to prove the thesis the author analyses the political and legal discussion around the European Union (Withdrawal) Bill 2017‑2019 that is supposed to repeal the European Communities Act 1972 and transpose the existing EU Law into UK law. The bill is controversial – especially the provisions known as Henry VIII clauses that create special powers for the government to make secondary legislation.

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