scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

scholarly journals A European convergence towards a stare decisis model?

2015 ◽  
pp. 173 ◽  
Author(s):  
Stefano Civitarese
Keyword(s):  
Rule Of Law ◽  
Deep Understanding ◽  
The European Union ◽  
Stare Decisis ◽  
The Rule Of Law ◽  
Law System ◽  
Legal Space ◽  
The One ◽  
The Relationship

The article revolves around the doctrine of precedent within the so-called European legal space, wondering whether and to what extent we can speak of a convergence towards a stare decisis model boosted by the harmonizing role of the Court of Justice of the European Union. The article argues that although there are still some differences between civil law and common law legal systems they regard more the style of reasoning and the deep understanding of the relationship between the present decision of a court and past judicial decisions than the very existence of the constraints of the latter upon the former. The article concludes that a sort of mechanism of stare decisis has in fact been created, even though, on the one hand, uncertainty remains as to the way in which the binding force of a precedent concretely operates in the system, and on the other hand, this mechanism relates exclusively to the relationships between past and future decisions of higher courts (horizontal effect). This change, far from being a shift towards a truly judge-made law system or a consequence of the final abandonment of the dictates of the rule of law, enhances legal certainty contributing to the fundamental requirement of stability of law as a feature of the ideal of the rule of law.

scholarly journals Austrian Constitution - general aspects

2018 ◽  
pp. 75-83
Author(s):  
OLGA-ANDREEA URDA
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
The Rule Of Law ◽  
Fundamental Law ◽  
General Aspects ◽  
The Comparative Study ◽  
Point Of Reference

The present article aims at presenting the Austrian fundamental law with the highlighting of some essential aspects regarding the exercise of the legislative, executive and judicial powers, the institutional particularities and, last but not least, the evolution of the regulation that was generated generated by the state's accession to the European Union. Constitutional control is another aspect that we have focused into the study, considering the important role of the Constitutional Court in the rule of law. The conducted analysis has significant valences, especially in the context in which it can signify a point of reference in the comparative study of constitutional regulations

The Constitutional Court and Others in Romanian Constitutionalism – 25 Years After

ICL Journal ◽  
2017 ◽  
Vol 11 (4) ◽  
Author(s):  
Bianca Selejan-Guțan
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
The Rule Of Law ◽  
Actual Role ◽  
Central Elements ◽  
Constitutional System ◽  
Critical Overview

AbstractThe current Romanian constitutional system, established in 1991, has undergone numerous formal and informal developments in the last 25 years. The main issues that arose in the decade since the country’s adhesion to the European Union were the respect for the rule of law, independence of the judiciary and the fight against corruption. In this context, the Constitutional Court has been one of the central elements of the rule of law guarantee in Romania. This paper intends to present a critical overview of the actual role of the Constitutional Court in the Romanian constitutional system, in the different contexts that link the Court with ‘others’, ie mainly with State powers (the Court itself being and independent organ, placed outside the judicial power).

A Hard Law Approach to States Systemic Violations of Article 2 of the Treaty of the European Union

2020 ◽  
pp. 363-380 ◽  
Author(s):  
Miguel Poiares Maduro ◽  
Benedita Menezes Queiroz
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
National Level ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
The Eu

The rule of law is under threat in the European Union. Systemic violations of fundamental rights are affecting the rule of law, democracy, and judicial independence in some Member States and consequently the EU legal order. The level of interdependence between the Member States and the EU legal order is such that systemic violations of those principles in the Member States end up impacting on EU compliance with the same principles. Article 7 TEU did not prove, however, to be the most effective tool to face these problems due to its political nature. The EU’s intervention in the form of infringement actions to safeguard the rule of law at the national level may be a suitable action to address some these serious violations of fundamental rights. Despite of the earlier hesitation to take a bolder action in this regard, the EU Commission, after the Court of Justice’s recent decisions in Associação Sindical dos Juízes Portuguese and LM, brought infringement proceedings against Poland challenging this country reforms that put into question the independence of its judiciary. The Court established its power of judicial review over the rule of law in the Member States in C-619/18 Commission v Poland. Ultimately, this decision highlighted the role of EU law in safeguarding the rule of law in its Member States, but more importantly in safeguarding the rule of law in the EU legal order as a whole.

scholarly journals Rozwój sektora rolnego w Polsce i krajach Unii Europejskiej

2018 ◽  
Vol 18(33) (1) ◽  
pp. 275-286
Author(s):  
Agata Szczukocka
Keyword(s):  
European Union ◽  
Economic Development ◽  
Agricultural Sector ◽  
Value Added ◽  
Point Of View ◽  
The European Union ◽  
European Union Countries ◽  
Socio Economic Development ◽  
Major Producer

The role and importance of the agricultural sector is changing in the process of socio-economic development. Despite the ongoing changes, agriculture in Poland is still an important sector of the economy, and Poland is a major producer of food. The article attempts to assess the development of the agricultural sector in Poland, by voivodships and in comparison with European Union countries, using economic indicators. An analysis of the dynamics of changes in the level of employment and gross value added in terms of three sectors was carried out. Application to the synthetic measure of development made it possible to assess individual voivodships and EU countries from the point of view of the development of the agricultural sector. The research has shown that in recent years the role of the agricultural sector in Poland and European Union countries has decreased. In addition, there was a large variation in the development of agriculture in the system of provinces and in the countries of the European Union.

scholarly journals Strengthening the Role of National Parliaments in the European Union – What for and How?

2019 ◽  
Vol 59 (1) ◽  
pp. 123-142 ◽  
Author(s):  
Maciej Perkowski ◽  
Jakub A. Farhan
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
National Parliaments ◽  
The Rule Of Law ◽  
Limited Role ◽  
The Asymmetry

Abstract In the debate on the European Union’s problems, the concept of “democracy deficit” has been present from its very beginning. This term is applied in a quite vast manner and, apart from the asymmetry of the relation between the European Parliament and the Council, it also concerns the overly limited role of national parliaments in the European Union. In this regard, inadequacy in the national position of individual parliaments is observed. On the other hand, it is necessary to emphasise their uneven activity on their European aspirations. At the time when the European dispute on the rule of law in Poland has polarized attitudes and language in statements on both sides – despite irresponsible trends – it is worth to examine the participation of national parliaments (including the Polish parliament) in the European inter-parliamentary dialogue and, consequently, to determine whether and how its constructive impact on the European Union and its law functions.

scholarly journals Environmental Production Efficiency in the European Union Countries as a Tool for the Implementation of Goal 7 of the 2030 Agenda

Energies ◽  
2021 ◽  
Vol 14 (15) ◽  
pp. 4593
Author(s):  
Katarzyna Cheba ◽  
Iwona Bąk
Keyword(s):  
European Union ◽  
Production Efficiency ◽  
Energy Use ◽  
The European Union ◽  
2030 Agenda ◽  
European Union Countries ◽  
Taxonomic Methods ◽  
Development Levels ◽  
The Relationship ◽  
The Eu

The main purpose of the paper is to present a proposal to measure the relationships between Goal 7 of the 2030 Agenda for Sustainable Development and one of the areas considered in the green growth concept: environmental production efficiency. Both of these areas illustrate the relationship between the natural environment and the economy, emphasizing transformations in the field of energy use. Selected taxonomic methods, TOPSIS, and multicriteria taxonomy, were applied to study the relationships between the two areas. The results of the EU countries classification showed a variety of countries’ development pathways within a single economic community. Despite continued attempts to equalize the development levels between European Union countries in many strategic areas, they remain highly diversified. That is also true for the areas analyzed in the paper, which is a disturbing situation, indicating that both strategies might not correlate in all respects. Further research into the relationships linking the remaining dimensions of both strategies is required.

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