scholarly journals Constitutional resistance to EU law: The courts and test of constitutional identity conflicts

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 413-460
Author(s):  
Marco Galimberti ◽  
Stefania Ninatti
Keyword(s):  
European Integration ◽  
Case Law ◽  
Point Of View ◽  
Integration Process ◽  
Supreme Courts ◽  
Eu Member States ◽  
The Common ◽  
Identity Conflicts ◽  
Constitutional Identity ◽  
The Eu

This essay aims to analyze how national constitutional/supreme Courts address the evolution of the European integration process when this latter touches upon fundamental constitutional elements of the EU Member States. More specifically, the paper explores the recent case law concerning the issue of constitutional identity conflicts, in order to show the common arguments underpinning different European constitutional/supreme Courts' jurisprudence. From a comparative point of view, the analysis highlights the emergence of a growing front of constitutional resistance whose meaning for the future of European constitutionalism is still unclear. At the same time, the study seeks to examine the patterns of constitutional resistance within the European integration process in the perspective of a mutual interaction between Courts.

scholarly journals Current Challenges of European Integration - 12th Network Europe Conference, 9 – 10 November 2020

2021 ◽  
Author(s):  
André S. Berne ◽  
Jelena Ceranic Perisic ◽  
Viorel Cibotaru ◽  
Alex de Ruyter ◽  
Ivana Kunda ◽  
...  
Keyword(s):  
Member State ◽  
European Integration ◽  
European Commission ◽  
Majority Vote ◽  
Integration Process ◽  
Asylum Policy ◽  
Massive Influx ◽  
The Common ◽  
First Time ◽  
The Eu

Crises are not a new phenomenon in the context of European integration. Additional integration steps could often only be achieved under the pressure of crises.  At present, however, the EU is characterised by multiple crises, so that the integration process as a whole is sometimes being questioned. In 2015, the crisis in the eurozone had escalated to such an extent that for the first time a member state was threatened to leave the eurozone. Furthermore, the massive influx of refugees into the EU has revealed the shortcomings of the Schengen area and the common asylum policy. Finally, with the majority vote of the British in the referendum of 23 June 2016 in favour of the Brexit, the withdrawal of a member state became a reality for the first time. Even in the words of the European Commission, the EU has reached a crossroads. Against this background, the twelfth Network Europe conference included talks on the numerous challenges and future integration scenarios in Europe. 

Public debt limit of the EU Member States and its impact on polish legal system – considerations in the context of public finance stability

2020 ◽  
Vol 18 (1) ◽  
pp. 239-255
Author(s):  
Wojciech Bożek
Keyword(s):  
Public Debt ◽  
Comparative Method ◽  
Reference Value ◽  
Case Law ◽  
Point Of View ◽  
Fiscal Rules ◽  
Eu Member States ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

The author’s goal is to determine the consequences of implementing treaty solutions concerning public debt to the Polish Constitution and to define the differences between the methodology of counting public debt in the European Community and Polish legal order. The raised issues concern important problems from the substantive and practical point of view, therefore the study’s content is important for science and practice. The research methodology was based on the analysis of the EU and Poland’s normative solutions, opinions expressed in the international and national literature on the subject, and the case law of the Polish Constitutional Tribunal. The paper applies mostly the dogmatic-analytic and legal-comparative method with reference to available statistical data on Poland’s public debt. The study allowed the author to gain an understanding of the significance of fiscal rules implemented at the EU level to ensure stability. Article 216(5) of the Constitution of the Republic of Poland indicates that the treaty solutions regarding the reference value (public debt-to-GDP ratio) were reenacted. However, until this day, the EU and Poland’s debt measurement methods do not fully correspond. In order to counteract excessive debt incursion, a state is required to take not only efficient actions but also ones that are adequate and, to some extent, flexible. This is an expression of acceptance of the EU’s preventive assumptions. However, there is still no full correlation in the methodology of calculating public debt in the EU and the Republic of Poland.

Part II The Notion of State Aid, 5 Distortion of Competition and Effect on Trade between EU Member States

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
Member State ◽  
Case Law ◽  
State Aid ◽  
Member States ◽  
Eu Member States ◽  
Common Trend ◽  
State Measure ◽  
The Common ◽  
The Impact ◽  
The Eu

This chapter discusses the distortion of competition and the effect on inter-Member State trade conditions. Article 107(1) TFEU provides that State aid is prohibited if two complementary conditions are fulfilled, namely if the State measure in issue distorts or threatens to distort competition and affects trade between Member States. The common trend within the EU Courts' case law is that no actual assessment of these criteria is required. In order to establish that competition is distorted and trade between Member States affected, it is not necessary to define the market or to carry out a thorough investigation as regards the impact that the contested measure might have upon the economic operators involved. All that matters is whether an advantage is granted to a market operator, at the detriment of another which will, as a matter of fact, encroach upon the good functioning of competition and trade between Member States.

La administración del espacio administrativo europeo

2014 ◽  
pp. 149-197
Author(s):  
Jorge AGUDO GONZÁLEZ
Keyword(s):  
European Integration ◽  
Point Of View ◽  
European Law ◽  
Integration Process ◽  
New Paradigm ◽  
Cooperative Action ◽  
Administrative Action ◽  
Inductive Construction ◽  
Legal Space ◽  
The Common

LABURPENA: Integrazio europarraren prozesua sendotzea eta eskumenak modu zabalean partekatzea dira Europako Zuzenbidea administrazioan ezartzeko oinarri, ≪espazio administratibo europarra≫ delakoaren esparruan. Ikuspegi horretatik, doktrina alemaniarrak espazio juridiko europartzat jotakoak zentralizatu gabeko eta lurraldeen araberakoa ez den administrazio-paradigma berri bat sorraraziko luke, lankidetzan oinarritutakoa eta maila anitzekoa. Lan honetan, hiru mailatan aztertzen da gai hori: 1) Espazio administratibo europarreko administrazioaren lankidetza-ekintza zuzentzen duten printzipio ≪konstituzionalekin≫ identifikatzea; 2) Zuzenbide europarra oso heterogeneoa denez, eraikuntza induktibo bat egitea, sektore desberdinetako administrazio-jardueraren moduak aztertuta, lankidetza-jarduerako irizpide juridiko komunak aurkitu ahal izateko; 3) Parametro komun horietatik abiatuta, antolaketaren eta prozeduraren ikuspegitik berezkoak diren eta sektore materialetan partekatzen diren lankidetza-jardueraren motekin identifikatzea. RESUMEN: La consolidacion del proceso de integracion europea y la amplia comparticion competencial son la base para una implementacion administrativa integrada del Derecho Europeo, articulada en el que se ha venido en denominar como ≪espacio administrativo europeo≫. Desde este punto de vista, la creacion de lo que la doctrina alemana ha denominado como un espacio juridico europeo tendria su correlato en un nuevo paradigma de Administracion desestatalizada y desterritorializada, cooperativa y multinivel. En el presente trabajo, se afronta esta cuestion en tres niveles: 1º) Con la identificacion de los principios ≪constitucionales≫ que gobiernan la accion cooperativa de la Administracion del espacio administrativo europeo; 2º) Debido a la heterogeneidad que caracteriza al Derecho Europeo, con la realizacion de una construccion inductiva que, del examen de las formas de actuacion administrativa en los distintos sectores, permita identificar criterios juridicos de actuacion cooperativa comun; y 3º) A partir de dichos parametros comunes, con la identificacion de tipos de actuacion cooperativa caracteristicos desde el punto de vista organizativo-procedimental compartidos en los distintos sectores materiales. ABSTRACT: The consolidation of the European integration process and the broadsharing of powers are the basis for an integrated administrative implementation of European law articulated in which has been called ≪European Administrative Space≫. From this point of view, the creation of what the German doctrine refers as an European legal space might have its correlative in a new paradigm of a non-state and deterritorialized, cooperative and multilevel.administration. In this work we face this issue in three levels: 1) by identifying the ≪constitutional≫ principles which manage the cooperative action by the Administration within the administrative space; 2) due to the heterogeinity which defines European Law, by the realization of an inductive construction that from the analysis of the form of administrative action in different arreas, let us indetify the legal criteria of the common cooperative action and 3) from those metioned common parameters, by identifying the characterictic types of cooperative action from a organizative and procedural point of view within the diferent material areas.

scholarly journals Securing the EU Public Order: Between an Economic and Political Europe

2013 ◽  
Vol 14 (10) ◽  
pp. 2075-2089 ◽  
Author(s):  
Michiel Besters ◽  
Milda Macenaite
Keyword(s):  
Public Policy ◽  
Public Security ◽  
Public Order ◽  
The European Union ◽  
Integration Process ◽  
Member States ◽  
Internal Security ◽  
Eu Member States ◽  
The Common ◽  
The Eu

Until recently, throughout the European Union's integration process, public order and internal security matters have been marked by a concern and respect for the national sovereignty of the EU Member States. Member States enjoyed their respective regulatory autonomy, as public order and internal security matters were dealt with at the EU level merely on the basis of the internal market logic. This is particularly evident in Articles 45(3) and 52 of the Treaty on the Functioning of the European Union (TFEU). These Articles establish the exceptions of public policy and public security as grounds that may be invoked by the Member States to limit the fundamental right to free movement. These grounds have been primarily viewed as deriving from impediments to the creation of the common market.

scholarly journals Extraterritorial Bulk Surveillance after the German BND Act Judgment

2021 ◽  
pp. 1-25
Author(s):  
Marcin Rojszczak
Keyword(s):  
European Integration ◽  
Fundamental Rights ◽  
Effective Control ◽  
Electronic Surveillance ◽  
Integration Process ◽  
Member States ◽  
Eu Member States ◽  
Limited Usefulness

Foreign surveillance as a means of circumventing existing legal safeguards – Different perspectives on the problem of the extraterritorial application of fundamental rights in US and EU legal models – The limited usefulness of effective control tests for establishing the responsibility of states for action taken in cyberspace – Judgment of Bundesverfassungsgericht in the BND Act case as an interpretative guideline for the regulation of foreign surveillance in EU member states – Electronic surveillance as a threat to European integration process.

The Radical Change of French Firms’ Financial Characteristics. Macroeconomic Consequences and Lessons for Political Economics / Die französische Finanzrevolution. Die Folgen für die Finanzstruktur der Unternehmen

2001 ◽  
Vol 221 (5-6) ◽  
Author(s):  
Sylvie Cieply
Keyword(s):  
European Integration ◽  
Financial System ◽  
Financial Structure ◽  
Radical Change ◽  
Political Economics ◽  
Point Of View ◽  
Budget Deficits ◽  
Integration Process ◽  
Financial Characteristics

SummaryThe French financial system has undergone major changes in the last twenty years. Until the beginning of the eighties, the French financial system was a State credit based system. This system was overhauled in the mid eighties under the pressure of French budget deficits in the context of the European Integration process. The more visible consequence of this wave of reforms was the transformation of French firms’ financial structure and their relationships with banks. This article deals with this transformation. It elaborates on its consequences from a macroeconomic point of view and justifies new initiatives taken in France to promote the financing of small and medium sized enterprises.

scholarly journals Budget of the EU and Common Agricultural Policy for 2014-2020 in the light of the polish interests

Management ◽  
2014 ◽  
Vol 18 (1) ◽  
pp. 473-487
Author(s):  
Andrzej Czyżewski ◽  
Sebastian Stępień
Keyword(s):  
European Commission ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
European Parliament ◽  
Point Of View ◽  
European Council ◽  
The Political ◽  
The Common ◽  
Polish Economy ◽  
The Eu

Summary The objective of the paper is to present the results of negotiations on the EU budget for 2014-2020, with particular emphasis on the Common Agricultural Policy. Authors indicate the steps for establishing the budget, from the proposal of the European Commission presented in 2011, ending with the draft of UE budget agreed at the meeting of the European Council on February 2013 and the meeting of the AGRIFISH on March 2013 and then approved by the political agreement of the European Commission, European Parliament and European Council on June 2013. In this context, there will be an assessment of the new budget from the point of view of Polish economy and agriculture.

scholarly journals Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU

2021 ◽  
pp. 1023263X2110146
Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  
Keyword(s):  
Empirical Study ◽  
Case Law ◽  
Reciprocal Relationship ◽  
Court Decisions ◽  
Private Law ◽  
Mixed Result ◽  
Supreme Courts ◽  
Domestic Courts ◽  
Ease Of Access ◽  
The Eu

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.

European Union Plant Variety Protection

2021 ◽  
Author(s):  
Gert Würtenberger ◽  
Martin Ekvad ◽  
Paul van der Kooij ◽  
Bart Kiewiet
Keyword(s):  
European Union ◽  
Case Law ◽  
Patent Infringement ◽  
Practical Relevance ◽  
Member States ◽  
Plant Variety Protection ◽  
Eu Member States ◽  
Plant Variety ◽  
Variety Protection ◽  
The Eu

This book explains how the Community plant variety rights system works and provides guidance regarding the field of law relating to the Basic Regulation and other implementing regulations. It gives an idea of how the grant system works, the advantages of Community plant variety rights, and the aspects to be considered in exploiting and defending. It also explains the mechanisms in the Basic Regulation on how infringements of Community plant variety rights should be dealt with, including certain enforcement systems of the EU Member States. This book analyses major aspects that are considered of practical relevance in infringement proceedings under the applicable national law. It elaborates how the case law is limited in comparison with patent infringement proceedings throughout the EU Member States.

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