scholarly journals Passing-on of Overcharges and the Implementation of the Damages Directive in CEE Countries

2017 ◽  
Vol 10 (5) ◽  
pp. 133-146
Author(s):  
Raimundas Moisejevas
Keyword(s):  
Case Law ◽  
European Countries ◽  
Eastern European ◽  
Member States ◽  
National Courts ◽  
The Subject ◽  
Eastern European Countries ◽  
New Framework

The article focuses on the concept of passing-on of overcharges and the peculiarities of its regulation by the Damages Directive. The Damages Directive obliges Member States to ensure that the defendant in an action for damages may invoke the passing-on defence. Moreover, the Directive establishes the new framework and the main principles that govern the application of the passing-on defence. The national case law on passing-on is very insignificant in Central and Eastern European countries and many questions are expected to be raised in the courts of the CEE Member States. While discussing the concept of passing-on in the Damages Directive, a lot of emphasis should be paid to the issue of causation. Causation will definitely be the subject of most of the questions in cases when an indirect purchaser will bring a claim for damages. Causation may be tricky when an indirect purchaser claims it suffered an ‘overcharge harm’ because of passing-on. In most cases, the issue of causation will be decided mainly by national courts based on national procedural rules. Depending on the situation, passing-on may be used as a basis for the claim (as a ‘sword’) or as a defence (as a ‘shield’). It could be used as a basis for the claim by an indirect purchaser, in case s/he has suffered any harm because of the illegal actions of a cartelist or a dominant company. At the same time, it could be used as a defence by the infringer against a claim for damages. The article also analyses the specifics of the implementation of the Directive into the national laws of CEE Member States.

The European Union's Future : A Preview of the Intergovernmental Conference of 1996

Res Publica ◽  
1996 ◽  
Vol 38 (1) ◽  
pp. 21-48
Author(s):  
Youri Devuyst
Keyword(s):  
Foreign Policy ◽  
Institutional Structure ◽  
European Countries ◽  
Institutional Framework ◽  
Policy Preferences ◽  
Eastern European ◽  
Member States ◽  
Eastern European Countries

During the Intergovernmental Conference (IGC) of1996, the European Union's institutional structure should be adapted, most notably in preparation for the Union's enlargement with the Central and Eastern European countries. The IGC's institutional debate will befar from easy. This is not surprizing since the institutional discussions during the IGC will reflect the grave substantive policy differences between the Member States on the Union's functions in the economy and on the Union's foreign policy role. The IGC is, indeed, largely a position game during which the Member States attempt to create a congenial institutional framework, favourable to their substantive policy preferences. 

On the Issue of Relations between the E.U. and Eastern European Countries

2009 ◽  
Vol 5 (1) ◽  
Author(s):  
Vytautas Radvilas
Keyword(s):  
The Other ◽  
European Countries ◽  
Practical Approach ◽  
Eastern European ◽  
Dominant Model ◽  
Recent Discussion ◽  
Member States ◽  
East Europe ◽  
Interaction Terms ◽  
Eastern European Countries

The aim of this article is to review and evaluate the condition and the development perspectives of the relations between the E.U. and its Eastern neighbors. The problem is analyzed in the context of the recent discussion on the “Broader Europe" concept. The current dominant model of the relations between the E.U. and Eastern European countries is described in the article using the “circular discourse" and “circular interaction" terms. This article is aimed to reveal the initial theoretical and geo/political preconditions that helped this model to become the dominant theoretical and practical approach in the field of E.U.–East Europe relations, to uncover the logics of its functioning and the implications of its realization to Lithuania and the other new E.U. member states.

scholarly journals The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

2016 ◽  
Vol 17 (31) ◽  
pp. 24-36
Author(s):  
Valentin Paul Neamt
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Member States ◽  
Reference Procedure ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Subject

Abstract The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject.

scholarly journals “There would be no unilateral détente!”: financial sector of theCOMECON countries in the late 1970s – early 1980s as a source of Western political influence

2021 ◽  
pp. 138-147
Author(s):  
Roman Aleksandrovich Yakupov ◽  
Dar'ya Viktorovna Yakupova
Keyword(s):  
United States ◽  
Financial Sector ◽  
The United States ◽  
European Countries ◽  
Soviet Bloc ◽  
Eastern European ◽  
Member States ◽  
Western European ◽  
Eastern European Countries ◽  
The Impact

The object of this research is the processes that took place in the COMECON member-states due instability of the financial sector. The subject of this research is the impact of the economic factor upon the evolution of bipolar system of international relations and sociopolitical sustainability of the Soviet Union during the 1979 – 1983. The article provides a scientific assessment of extent of awareness of the US intelligence on the financial solvency of the COMECON member-states, their ability to meet repayment schedules for both interest and debts, and the consequences of possible default of any of the countries during the financial crisis. The authors set the task to analyze the target points of foreign analytics regarding the “dependency” of Western European enterprises on their Eastern business partners, as well as clarify the extent to which a significant decline in trade between the East and the West affected the Soviet and Western European economy. The use of unpublished foreign and domestic archival documents, as well as foreign periodicals define the novelty of this research. This article is first to disclose the information on how the United States turned the severe financial problems of Eastern European countries for the purpose of political pressure on such issues as Afghanistan, crisis in Poland, and construction of the Soviet gas pipeline. Leaning on the introduced into the scientific discourse CIA documents, assessment is given to the effectiveness of trade and economic policy of the United States and its Western European allies in relation to Eastern Europe. The article also analyses the support of centrifugal tendencies in the economy of the Eastern European countries of the Soviet bloc.

Discrimination and Lawful Distinction in Employment – The Approach by the ILO

1996 ◽  
Vol 14 (4) ◽  
pp. 401-417 ◽  
Author(s):  
Henrik Karl Nielsen
Keyword(s):  
Political Parties ◽  
Case Law ◽  
European Countries ◽  
Eastern European ◽  
The World ◽  
Eastern European Countries

The Discrimination (Employment and Occupation) Convention, 1958 (No. 111) is among the most widely ratified Conventions in the World. Its Article 1(2) stipulating that discrimination does not cover distinctions, exclusions or preferences based on the inherent requirements of a particular job has given rise to a number of problems relating to occupational bans restricting the access to employment of persons supporting certain political parties. Such bans are found in Germany and a number of Eastern European countries. Considering the recent development in national law and in the case law of the ILO supervisory bodies the article analyses the concept of ‘inherent requirements of a Particular job’ in Article 1(2).

scholarly journals Transformation of Central and Eastern European Countries from the Perspective of New Institutional Economics

Ekonomika ◽  
2008 ◽  
Vol 84 ◽  
Author(s):  
Małgorzata Swatek
Keyword(s):  
Institutional Economics ◽  
Time Perspective ◽  
Free Market ◽  
Economic Transformation ◽  
New Institutional Economics ◽  
European Countries ◽  
Eastern European ◽  
Eu Member States ◽  
The Subject ◽  
Eastern European Countries

Economic transformation in Central and Eastern European countries is a very complex process widely discussed in the literature on the subject. It has also become the subject of research and analyses of New Institutional Economics which pays attention to new aspects of transformation. From the NIE perspective, transformation is a long-lasting process of changes of formal institutions, especially property rights and contracts, and informal institutions, such as ethical standards, conventions, religious beliefs and mentality of society. The success of the transformation depends on the degree to which new formal rules correspond to informal rules existing in society. The assessment of the quality of Central and Eastern European countries leaves a lot to be desired; the highest level was achieved by the EU member states, whereas the republics of the former USSR are in the worst situation. The underlying causes of such diversified results of political transformations are disparate historical traditions connected with the market economy and unequal preparation of societies to exist both in the free market conditions and in the diversified political, social and economic situation.The improvement of governing quality is a priority in post-communist countries. Achieving a positive institutional effect requires much time and consistent actions, but from the time perspective it is crucial in order to enjoy economic success.

scholarly journals 10. Contemplative Studies of the 'Natural' World

2020 ◽  
pp. 175-192
Author(s):  
Francesco Prota ◽  
Gianfranco Viesti ◽  
Mauro Bux
Keyword(s):  
European Countries ◽  
Transport Infrastructure ◽  
Eastern European ◽  
Cohesion Policy ◽  
Member States ◽  
European Regional Development Fund ◽  
Cohesion Fund ◽  
Infrastructure Investments ◽  
Funds Allocation ◽  
Eastern European Countries

As mentioned, the Cohesion Policy is the EU’s main investment policy and — in the wake of the 2008 Global Financial Crisis — the European Regional Development Fund and the Cohesion Fund became the major sources of finance for investment in many countries. Francesco Prota, Gianfranco Viesti and Mauro Bux, in chapter 10, review how this policy has evolved over time in terms of financial size and geographical coverage. Firstly, in the programming period 2000–2006, the centre of gravity in Structural Funds allocation shifted from the Southern regions too the Eastern regions of Europe. What is interesting is that, looking at the expenditure composition by types, ‘transport infrastructure’ and ‘environmental infrastructure’ are the main expenditure items. The investments in transport infrastructure financed by the Cohesion Policy have changed the accessibility of EU regions. In particular, many regions in Eastern Europe have significantly benefitted from the Cohesion Policy financed transport infrastructure investments in terms of improved accessibility. Also, as result of the 2008 crisis, the Cohesion Policy has been the major source of finance for public investment for many Member States of the European Union. In 2015–2017 it represents around 14% of the total; this figure is larger than 50% in some small Central and Eastern European countries, in Portugal and Croatia; larger than 40% in Poland; larger than 30% in most of the other Central and Eastern European countries. In the EU-15, the figure is lower in most Member States (7% for Spain, 4.4% for Italy and 2.5 % for Germany). However, it has reached 20% of total capital expenditures in Convergence regions in Spain, 15% in Italy and 10% in Germany.

scholarly journals Agriculture of central and eastern European countries in the European Union

2006 ◽  
Vol 53 (4) ◽  
pp. 457-470
Author(s):  
Srdjan Redzepagic
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
European Countries ◽  
Eastern European ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eastern European Countries ◽  
The Eu

Agriculture posed considerable tensions for the processes of enlargement of the European Union, because of its continuing importance both in the economies of the applicant countries of Central and Eastern European countries which have joined EU on the 1st may 2004., and in the EU budget and acquits communautaire. The preparation of agriculture in the candidate countries to join the EU was rendered more complex by the fact that the Community's Common Agricultural Policy was a moving target. The aim of this paper is to show the bases elements of the Common Agricultural Policy, but also to provide a survey of recent developments relating to agriculture in the EU and new member states of the EU before their accession to EU and their preparation to access on the enlarged market, in order to indicate the main challenges and difficulties posed by enlargement. It seems likely that agricultural policy in the enlarged EU will attach increased priority to objectives such as rural development and the environment. However, these new priorities may be expensive to realize, and may impose a growing burden on the national budgets of EU member states.

scholarly journals Determinanty zmian deficytu budżetu państwa i długu publicznego w krajach Unii Europejskiej w 2010 roku

2012 ◽  
pp. 77-97
Author(s):  
Dariusz Malinowski
Keyword(s):  
Public Debt ◽  
Budget Deficit ◽  
The State ◽  
European Countries ◽  
Eastern European ◽  
State Budget ◽  
Member States ◽  
Eu Member States ◽  
Percentage Points ◽  
Eastern European Countries

The article contains an analysis of the budget deficit variability and public debt variation in the EU in 2010. Comparing the scale and economic determinants of changes in the state budget deficit and public debt in 2010 in the Central and Eastern European EU member states and in other EU countries we reach the following conclusions: 1) The average scale of the improvement of the economic result of the state budget as % of GDP was higher in the Central and Eastern Europe countries comparing to other EU member states. In the first group of countries, economic results improved on average by 1.1 percentage points, and in the other by 0.75 percentage points. 2) In most Central and Eastern European countries, as well as in most other EU countries the decline in budgetary expenditure, expressed in% of GDP was the only or major determinant of the reduction of the economic deficit of the state budget as % of GDP. Reduction of public spending in GDP was in turn the result of reducing the fiscal growth of nominal spending. In the Central and Eastern European countries in 2010, the nominal budget spending, decreased on average by 0.4%, while in 2009 increased on average by 16.1%. 3) In the rest of the EU average increase in public debt as % of GDP was higher than the average increase in public debt in the countries of Central and Eastern Europe. For the rest of the EU member states, public debt at the end of 2010 as % of GDP was by 4.65 percentage points higher than at the end of 2009, and for the Central and Eastern European countries by 4.14 percentage points higher. At the end of 2010 Central and Eastern European countries had significantly lower average level of public debt as % of GDP in comparison with other EU members states (38.9% of GDP and 74.8% of GDP). In most other EU countries there is virtually no limit for increasing the public debt, therefore there is no limit for a high budget deficit. Among Central and Eastern European EU member states only Hungary are in similar situation while Poland is close by. Therefore, most other EU countries and some countries of Central and Eastern Europe must immediately substantially reduce the scale of the economic deficit of the state budget. Countries where public debt is relatively low should not delay further restrictions of the state budget deficit as later on they will have to make this reduction under pressure of time. Above else, high economic deficit negatively impacts the economy, including economic growth. If EU member states fail to implement quickly the low economic state budget defi cit policy, they will plunge into economic recession that will last for many years.

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