Relevant bibliographies by topics / 83 TFUE

Academic literature on the topic '83 TFUE'

Author: Grafiati
Published: 9 March 2023
Last updated: 10 March 2023

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Contents

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic '83 TFUE.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "83 TFUE"

1

Rosin, Kaie, and Markus Kärner. "The Limitations of the Harmonisation of Criminal Law in the European Union Protected by Articles 82(3) and 83(3) tfeu." European Journal of Crime, Criminal Law and Criminal Justice 26, no. 4 (November 21, 2018): 315–34. http://dx.doi.org/10.1163/15718174-02604003.

Full text
Abstract:
Articles 82(3) and 83(3) tfeu give Member States the possibility to suspend the legislative procedure of eu criminal law. Article 82(3) allows that kind of emergency brake mechanism for the process of adopting minimum standards for harmonising rules of criminal procedure enhancing judicial cooperation in criminal matters and Article 83(3) for establishing minimum rules concerning the definition of criminal offences and sanctions. A Member State can only use the emergency brake clause when the proposal for the directive would affect the fundamental aspects of its criminal justice system. This prerequisite deserves a closer analysis, therefore the aim of this article is to interpret the meaning of tfeu articles 82(3) and 83(3) to better understand the limitations of the harmonisation of criminal law in the European Union.
APA, Harvard, Vancouver, ISO, and other styles
2

Ferge, Zsigmond. "Debate of the legal interpretation of definitions of medical devices and medicinal products for human use." Orvosi Hetilap 155, no. 11 (March 2014): 429–33. http://dx.doi.org/10.1556/oh.2014.29803.

Full text
Abstract:
On 3 October 2013 the European Court of Justice made a decision regarding the interpretation of definitions of medical devices (Directive 93/42/EC) and medicinal product for human use (Directive 2001/83/EC), based on the Article 267 TFEU preliminary ruling. Orv. Hetil., 2014, 155(11), 429–433.
APA, Harvard, Vancouver, ISO, and other styles
3

Andone, Corina, and Florin Coman-Kund. "Argumentative patterns in the European Union’s directives." Journal of Argumentation in Context 6, no. 1 (March 31, 2017): 76–96. http://dx.doi.org/10.1075/jaic.6.1.05and.

Full text
Abstract:
Abstract This paper provides an account of the arguments advanced by the European Union (EU) legislator in the preamble of directives adopted for harmonization in the internal market, and assesses them as to their potential at convincing the Member States to implement the directive at issue. We show what directives should argue for and how they do so in practice, by focussing in particular on Directive 2011/83/EU on consumer rights. Furthermore, this contribution moves beyond a purely academic discussion by linking the theoretical-normative framework advanced to the Court of Justice of the European Union’s approach to assessing the preambles of EU directives in the context of the ‘check’ on the duty to state reasons under Article 296 Treaty for the of the Functioning of the European Union (TFEU). Our analysis unveils a legislative practice in which the obligation to give reasons is not discharged adequately from an argumentative perspective, and which remains generally unsanctioned due to the rather light and flexible test used by CJEU under Article 296 TFEU.
APA, Harvard, Vancouver, ISO, and other styles
4

Miglietti, Marta. "The First Exercise of Article 83(2) TFEU under Review: An Assessment of the Essential Need of Introducing Criminal Sanctions." New Journal of European Criminal Law 5, no. 1 (March 2014): 5–25. http://dx.doi.org/10.1177/203228441400500102.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Meredith, Jack, and Borja Garcia. "To be or not to be specific?" Sports law, policy & diplomacy journal 1, no. 1 (2023): 17–44. http://dx.doi.org/10.30925/slpdj.1.1.2.

Full text
Abstract:
This article analyses how EU institutions have defined the so-called specificity of sport and the extent to which its recognition might have affected the application of internal market and competition law to sport after the adoption of Article 165 TFEU. The article relies on qualitative and inductive thematic analysis of 83 sport-related documents adopted by EU institutions. Four main themes have been identified: Definition of sports specificity, categorisation of sporting exceptions, contribution of sporting exceptions to the specificity of sport, and the impact of Article 165 TFEU in the application of EU sports law. Our findings suggest that the EU has defined the specificity of sport around a set of unique characteristics that differentiates sport from other industries. While the formal recognition of the specific structures of sport in the Treaties had little effect on the application of free movement and anti-trust provisions to sport, it seems to have had some impact in the recent application of state aid provisions to sport. Our findings are of relevance for existing debates on the regulation and governance of sport in Europe and the development of the so-called European Model of Sport.
APA, Harvard, Vancouver, ISO, and other styles
6

Gruew, Georgi. "Kompetencja instytucji Unii Europejskiej do ustanawiania i kształtowania norm prawa karnego materialnego." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, no. 1 (September 4, 2018): 107–19. http://dx.doi.org/10.14746/ppuam.2012.1.08.

Full text
Abstract:
The paper focuses on the competence of the European Parliament and the EU Council to adopt directives in the area of substantive criminal law provided in Articles 83 and 84 of the TFEU, which confirm the earlier ECJ rulings on the subject. The competence granted to those institutions also ensure greater effectives of the adopted directives in combating serious crimes within the European Union. The creation of certain ‘emergency brakes’ and application of the principle of proportionality taking into account the fundamental principles of criminal law systems of individual Member States, has enabled the EU institutions to establish common definitions of most serious crimes.
APA, Harvard, Vancouver, ISO, and other styles
7

Crosby, Scott. "An Example of a Mixed Civil and Penal Enforcement Regime Which Undermines a Union Policy and Where Article 83(2) TFEU Might Be of Assistance." New Journal of European Criminal Law 2, no. 1 (March 2011): 2–4. http://dx.doi.org/10.1177/203228441100200101.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Tsolka, Olga. "Direct Effect of the “Proportionality Requirement of [Criminal] Sanctions”: Considerations on the European Court of Justice Overruling in the Case “NE II” (C-205/20)." European Criminal Law Review 12, no. 2 (2022): 131–49. http://dx.doi.org/10.5771/2193-5505-2022-2-131.

Full text
Abstract:
On the 8th of March 2022, the Grand Chamber of ECJ, in the case NE II, accepted the direct effect of the “proportionality requirement” of criminal nature’s sanctions provided in Art.20 of Directive 2014/67/EU, even connecting it with the prohibition of disproportionate criminal offences enshrined in Art.49 (3) of CFREU. By this crucial ruling, the Court explicitly overruled its previous case law and further determined what the obligation of the national courts is, to ensure the “full effectiveness” of the above requirement in the internal legal order. The jurisprudential change and its fundamental consequences mark a new qualitative step in the course of the “symbiotic relationship” between the EU and national (criminal) law, due to the “horizontal repercussions” of the judgment, i.e., not only in the EU legal acts similar to the above Directive, but also in those that establish minimum rules for the definition of criminal offences and penalties according to Art. 83 TFEU. In this study, an attempt is made to highlight the main issues of this overruling regarding, among others, the normative meaning of the “requirement of proportionality”, the specific implications of its direct effect on the national judge and the complex assessments which he is called upon to make – beyond the normal limits of his functional jurisdiction.
APA, Harvard, Vancouver, ISO, and other styles
9

Mölls, Walter. "Why Does Regulation (EC) No 1/2003 Provide for the Imposition of Penalties Only on Undertakings?: A Historical Perspective." World Competition 45, Issue 2 (June 1, 2022): 195–236. http://dx.doi.org/10.54648/woco2022008.

Full text
Abstract:
According to Article 23(2)(a) of Regulation (EC) No 1/2003, the Commission may impose any fines for the breach of substantive competition rules only on ‘undertakings’. The provision does not contemplate the imposition of fines on individuals considered responsible for the conduct of the undertaking concerned, even though, as explained in this article, this position is not imposed by the relevant legal basis (Article 83 EC [the Treaty establishing the European Community in the version following the Treaty of Amsterdam], corresponding to Article 87 EEC Treaty [the Treaty establishing the European Economic Community in its version of 1957] and the present Article 103 TFEU [the Treaty on the Functioning of the European Union]) That legal basis would indeed allow such liability to be established. From a policy point of view, however, it is often argued that sanctions should also be imposed on such individuals. This raises the question as to why the Union legislator chose not to provide for corresponding powers on the Commission’s part. From the relevant legislative history exposed in this article, it emerges that the approach of Article 23(2)(a) ultimately originates from the ECSC Treaty [theTreaty establishing the European Coal and Steel Community]. In this latter context, it reflected the particular limits placed by its authors on that Treaty. It did not reflect the contemporary orientations at national level regarding punitive sanctions. The approach gradually found its way into Regulation (EC) No 1/2003 without any further specific discussion on the way, despite the different context offered by the relevant provisions of the EEC/EC Treaty. It was first transplanted into Regulation No 11, based on Article 79 EEC Treaty (today Article 95 TFEU) and concerning the abolition of discrimination in transport rates and conditions. The negotiations preceding the adoption of this Regulation brought to light strong reserves regarding the conferral of sanctioning powers upon the (then) EEC, and it was no doubt unrealistic to expect that it would have been granted powers more far-reaching than those available under the ECSC Treaty. When Regulation No 17 (and specifically Article 15) was elaborated, the drafters were aware of the scheme established by Regulation No 11, which served as a reference. No genuine discussion regarding possible powers to punish the persons considered responsible for the conduct of the ‘undertaking’ took place. It is likely that any such innovation would not have been realistic at that point. Lastly, the reform brought about by Regulation (EC) No 1/2003 focused on other aspects regarding the implementation of competition law, and the scheme of Article 15(2) of Regulation No 17 has been taken over into Article 23(2) of Regulation (EC) No 1/2013 without major changes. No consideration was given to the possible imposition of penalties on natural persons implicated in the commission of breaches of competition law. EU antitrust sanctions, European Commission, individual sanctions, Regulation No. 1/ 2003, Regulation No 17, Regulation No 11, ECSC Treaty, history
APA, Harvard, Vancouver, ISO, and other styles
10

Addis, Addisu H., Hugh T. Blair, Paul R. Kenyon, Stephen T. Morris, and Nicola M. Schreurs. "Optimization of Profit for Pasture-Based Beef Cattle and Sheep Farming Using Linear Programming: Model Development and Evaluation." Agriculture 11, no. 6 (June 4, 2021): 524. http://dx.doi.org/10.3390/agriculture11060524.

Full text
Abstract:
A linear programming optimization tool is useful to assist farmers with optimizing resource allocation and profitability. This study developed a linear programming profit optimization model with a silage supplement scenario. Utilizable kilograms of pasture dry matter (kg DM) of the total pasture mass was derived using minimum and maximum pasture mass available for beef cattle and sheep and herbage utilization percentage. Daily metabolizable energy (MJ ME/head) requirements for the various activities of beef cattle and sheep were estimated and then converted to kg DM/head on a bi-monthly basis. Linear programming was employed to identify the optimum carrying capacity of beef cattle and sheep, the most profitable slaughtering ages of beef cattle, the number of prime lambs (sold to meat processing plants), and sold store lambs (sold to other farmers for finishing). Gross farm revenue (GFR) and farm earnings before tax (EBT) per hectare and per stock unit, as well as total farm expenditure (TFE), were calculated and compared to the average value of Taranaki-Manawatu North Island intensive finishing sheep and beef Class 5 farming using Beef and Lamb New Zealand (B+LNZ) data. The modeled farm ran 46% more stock units (a stock unit consumed 550 kg DM/year) than the average value of Class 5 farms. At this stocking rate, 83% of the total feed supplied for each species was consumed, and pasture supplied 95% and 98% of beef cattle and sheep feed demands, respectively. More than 70% of beef cattle were finished before the second winter. This enabled the optimized system to return 53% and 188% higher GFR/ha and EBT/ha, respectively, compared to the average values for a Class 5 farm. This paper did not address risk, such as pasture growth and price fluctuations. To understand this, several additional scenarios could be examined using this model. Further studies to include alternative herbages and crops for feed supply during summer and winter are required to expand the applicability of the model for different sheep and beef cattle farm systems.
APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic "83 TFUE"

1

Giliberto, A. "PRINCIPI E LIMITI DI UNA POLITICA PENALE EUROPEA." Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/265656.

Full text
Abstract:
Il diritto dell’Unione europea possiede oggi un’influenza sempre più rilevante sul diritto penale degli Stati membri. A partire dall’entrata in vigore del Trattato di Lisbona, tale influenza coinvolge espressamente anche le scelte di criminalizzazione, potendo l’Unione operare direttamente la decisione circa l’an e in parte anche il quantum di pena. Le istituzioni dell’Unione hanno già iniziato ad adottare direttive in materia penale impiegando quale base giuridica l’art. 83 TFUE, e ci si può ragionevolmente attendere che tale prassi si consolidi e aumenti il numero degli atti adottati, andando così a costituire un corpus normativo di crescente rilevanza per gli ordinamenti nazionali e in ultima analisi per i singoli individui. La tesi ripercorre le più importanti tappe che hanno condotto all’attuale sviluppo della competenza penale europea, soffermandosi principalmente sul quadro istituzionale introdotto dal Trattato di Lisbona (capitolo primo). Successivamente fornisce un sintetico riepilogo degli strumenti istituzionali e normativi di maggiore rilievo nel settore considerato e delle loro più rilevanti caratteristiche (capitolo secondo), passando poi ad effettuare una disamina dei principali atti sino ad oggi adottati, prima nel vigore del terzo pilastro e poi sotto la base giuridica fornita dal Trattato di Lisbona (capitolo terzo). Infine, prova a verificare la presenza, i caratteri e la giustiziabilità dei fondamentali principi della legislazione penale nell’ordinamento dell’Unione europea, alla luce della normazione vigente e della giurisprudenza della Corte di giustizia (capitolo quarto), per poi tentare di affermare la sussistenza di basi fondative per lo sviluppo di una vera e propria politica penale europea.
European Union law today has an increasingly relevant influence on national criminal law. Since the entry into force of the Treaty of Lisbon, this influence has expressly involved the choices of criminalization as well, as the European Union may directly operate the decision on if and partly how much to punish. The institutions have already begun to adopt directives on criminal matters using art. 83 TFEU as a legal basis, and one can reasonably expect that this practice will consolidate and that the number of measures adopted will increase, thus creating a corpus of legislation which has a growing relevance on the national legal systems and, ultimately, on individuals. The dissertation recalls the most important landmarks that have led to the present development of the European criminal competence, focusing mainly on the institutional framework adopted by the Lisbon Treaty (chapter one). Later, it provides a brief recall of the institutional and legal instruments that have a main role in the relevant subject and of their main characteristics (chapter two). Then, it moves to deal with the main legal acts that have been adopted till now, first in the third pillar framework and then under the legal basis provided by the Lisbon Treaty (chapter three). Eventually, it aims to verify the presence, the characteristics and the possibility to be appealed to on a trial of the fundamental principles of criminal legislation, in the light of the legislation in force and of the case law of the CJEU (chapter four), in order to attempt to maintain the existence of founding basis to the development of an actual European criminal policy.
APA, Harvard, Vancouver, ISO, and other styles

Book chapters on the topic "83 TFUE"

1

van Bemmelen van Gent, Ernst E. "Harmonising Criminal Laws and EU’s Significant Bankers: First Use of Article 83(2) TFEU, Rights of the Accused and Learning Organisations." In Governance and Security Issues of the European Union, 227–47. The Hague: T.M.C. Asser Press, 2016. http://dx.doi.org/10.1007/978-94-6265-144-9_13.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Bogensberger, Wolfgang. "Article 83 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.173.

Full text
Abstract:
Article 31 TEU The European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis.
APA, Harvard, Vancouver, ISO, and other styles
3

Kellerbauer, Manuel, and Gero Meeßen. "Article 103 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.198.

Full text
Abstract:
Article 83 EC The appropriate regulations or directives to give effect to the principles set out in Articles 101 and 102 shall be laid down by the Council, on a proposal from the Commission and after consulting the European Parliament.
APA, Harvard, Vancouver, ISO, and other styles
4

Bogensberger, Wolfgang. "Article 82 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.172.

Full text
Abstract:
Article 31 TEU Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in the areas referred to in paragraph 2 and in Article 83.
APA, Harvard, Vancouver, ISO, and other styles
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography