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Academic literature on the topic 'Proportionality in law – European Union Countries'

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Published: 10 March 2023

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Journal articles on the topic "Proportionality in law – European Union Countries"

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Martín, Adán Nieto. "Saudade of the constitution: The relationship between constitutional and criminal law in the European context." New Journal of European Criminal Law 10, no. 1 (March 2019): 28–33. http://dx.doi.org/10.1177/2032284419840438.

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This article examines the relationship between the constitution and criminal law. The relationship between criminal law and constitutional law has been the subject of much attention by doctrine in several European Union countries. However, in view of the jurisprudence of the Constitutional Courts and the European Courts, they have not served to constitute an effective limit for the legislator. In particular, the article examines the case law relating to the principle of proportionality.
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Basedow, Jürgen, Jan Dietze, Stefan Griller, Manuel Kellerbauer, Marcus Klamert, Luigi Malferrari, Tibor Scharf, Dominik Schnichels, Daniel Thym, and Jonathan Tomkin. "European integration: Quo vadis? A critical commentary on the PSPP judgment of the German Federal Constitutional Court of May 5, 2020." International Journal of Constitutional Law 19, no. 1 (January 1, 2021): 188–207. http://dx.doi.org/10.1093/icon/moab017.

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Abstract In its judgment of May 5, 2020, the Second Senate of the German Constitutional Court qualified for the first time a judgment of the Court of Justice of the European Union (CJEU)—C-493/17 Weiss—as “arbitrary from an objective perspective” and declared the underlying European Central Bank (ECB) decisions regarding the Public Sector Purchase Programme (PSPP) to be ultra vires. It requested the German Government and the German Parliament to take steps against the PSPP in its current form and to ensure that the ECB conducts a proportionality assessment of its PSPP. The judgment also prohibits the German Central Bank from participating, after a grace period of three months, in the implementation and execution of the ECB decisions at issue, unless the ECB assesses and substantiates that the measures provided for in its decisions satisfy the principle of proportionality. The present article, which was written by academics, lawyers, and civil servants from five countries, casts a critical eye on the judgment of the German Constitutional Court. It identifies significant shortcomings from both a German constitutional and a European Union perspective.
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López Insua, Belén. "LÍMITES AL DERECHO DE ASISTENCIA SANITARIA TRANSFRONTERIZA Y PRINCIPIO DE PROPORCIONALIDAD TRAS LA SENTENCIA DEL TJUE DE 23 DE SEPTIEMBRE DE 2020." E-REVISTA INTERNACIONAL DE LA PROTECCION SOCIAL 5, no. 2 (2020): 374–99. http://dx.doi.org/10.12795/e-rips.2020.i02.17.

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Health protection is one of the fundamental pillars of the European Union and of the process of social-democratic constitutionalism. The achievement of a Community health care system is now more than ever one of the great challenges for the European community. In spite of these objectives, the European Union has adopted a logic that relies more on an interventionist model than on simple coordination, rather than on a harmonised system for all Member States. Unfortunately, this particular cooperative pluralism has made each of the Community countries competent and responsible for the coordination rules laid down by the Union. In this sense, Directive 2011/24/EU is set as the reference standard to guarantee the right of all European citizens to receive safe and quality healthcare, both in the public sphere and in the private sphere of another Member State. The aim is to guarantee the freedom of movement and movement of persons without damaging health. Today, the right to health care is a fundamental social right of a primary nature, which is linked to the right to life and dignity.
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Huang, Xiaoqing. "Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information: EU Data Protection Rules and Cases." Intertax 46, Issue 3 (March 1, 2018): 225–39. http://dx.doi.org/10.54648/taxi2018024.

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With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying the interrelationships between rules in EU Directives regarding administrative administration and those regarding data protection. Moreover, relevant Court of Justice of the European Union (CJEU) case law will be discussed in light of the afore-mentioned rules, highlighting the insufficiencies of prevailing AEOI legislation in ensuring proportionality and taxpayer protection in third countries. Finally, the newly adopted General Data Protection Regulation will be assessed.
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Fomina, S. "Constitutional justice as an element of the law protection function of the EU States." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 9, 2022): 64–68. http://dx.doi.org/10.24144/2307-3322.2022.73.11.

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Traditionally, the main function of the body of constitutional jurisdiction is the function of constitutional control, but the human rights function, although not a classic one, is equally important. The human rights protection function of the body of constitutional jurisdiction in practice is expressed in ensuring the possibility of turning to such a body of a natural or legal person whose rights have been violated, as is usually the case in the case of using all possible means of protection. In this article, the experience of applying the human rights function by the bodies of constitutional jurisdiction is considered on the example of the activities of the constitutional courts of the countries of Central Europe and at the same time of the countries of the European Union - Poland, Hungary, Slovakia and the Czech Republic. This experience is valuable for Ukraine, since the constitutional crisis recently affected the Constitutional Court of Ukraine, as well as in view of the active European integration processes in Ukraine and the need for its post-war reconstruction, which is not possible without the coordinated functioning of all state authorities. The article examines the experience of reforming the body of constitutional jurisdiction, the legislator's view on the powers of such a body, and vivid examples from human rights practice. A conclusion was made about the formation of transnational constitutionalism by such states, similar to the principles of the European Union, the application of unified, developed principles of proportionality when assessing the balance in the conflict of two or more fundamental human rights.
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Raganelli, Biancamaria, and Pierre de Gioia Carabellese. "From the pandemic to the recovery: a legal analysi." Estudios de Deusto 69, no. 2 (December 27, 2021): 185–227. http://dx.doi.org/10.18543/ed-69(2)-2021pp185-227.

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The Covid pandemic has raised various legal issues, fueling the scientific debate on the relationship between fundamental rights and freedoms in the global emergency context. Moreover, a case law has started developing within the different jurisdictions. Additionally, constitutional Courts, in different countries, have ruled over potential conflicts of interest among central powers and local ones, and even some decisa of the Court of Justice of the European Union have started “blossoming” in this area. Against the backdrop of this analysis, the paper discusses the main legal problems sparked off by the declaration of the state of emergency, with a focus on the main EU jurisdictions and with glimpses of non-EU countries. The aim of this is to discuss the balance between fundamental rights and liberties in decisa in different legal systems, as well as the interpretation given to principles of proportionality of the public health measures, adequacy, precaution and loyal collaboration and the relationship between freedom and limits to public power. Bearing this in mind, the purpose of the work is to demonstrate that, first and foremost, in Europe there is room for both a formal and a substantial recognition of common rights and liberties in terms of interpretation and application of constitutional traditions, shared by the different Member States. The relevant adherence to these principles is guaranteed by the European Court of Justice. Second, the recovery after the pandemic is an open challenge. An important opportunity for Europe and its Member States is materialising, and this is to take a step forward on the bumpy path toward a European Political Union capable of strengthening a structure weakened by several earthquakes. A path and a project still plenty of pitfalls that needs to regroup around a central core increasing unification among European peoples (art. 1 TEU), which has never meant to be an alternative to national identity. Received: 24.11.2021Accepted: 13.12.2021
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Unterschütz, Joanna. "Strike and Remedies for Unlawful Strikes in the Legal Systems of Poland, Hungary, and Slovakia." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 319–38. http://dx.doi.org/10.54648/ijcl2014018.

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Poland, Hungary, and Slovakia, like many other Central and Eastern European states, underwent profound economic and legal reform in 1989 and early 1990s with the harmonization of their legal system with the EU acquis along with democratic reform of the political system. In this period international conventions, especially ILO standards, were the main source of inspiration. In all three countries strikes are regarded as a last resort, and certain procedures must be implemented to call a lawful strike. The first formal requirement in Polish and Slovak law concerns the reason for a collective dispute: work and employment conditions as well as trade union freedoms and rights or conclusion of a collective agreement. The next requirement concerns the parties to the dispute: workers must be represented by trade unions (except in Hungary). They cannot initiate a collective dispute individually (even if the outcome would subsequently concern all the employees) or through another representative body such as works councils or employee representatives. The proportionality principle must be respected with regard to the demands of strikers and those organizing the strike may be liable for damages. Workers taking part in unlawful strikes may be subject to the sanctions laid down in labour law, such as disciplinary sanctions, dismissal or pecuniary sanctions if damage is caused. Provision for criminal liability is made only in the Polish legal system. They are construed so that many acts of employers or trade unionists representing workers in the course of collective disputes can be subject to sanctions. As far as illegal strikes are concerned, those leading an illegal strike or other protest action can be criminally liable.
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Rojszczak, Marcin. "Compliance of Automatic Tax Fraud Detection Systems with the Right to Privacy Standards Based on the Polish Experience of the STIR System." Intertax 49, Issue 1 (January 1, 2021): 39–52. http://dx.doi.org/10.54648/taxi2021005.

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According to the EC estimates presented in November 2018, the so-called VAT gap amounted to approximately EUR 150 billion with organized crime groups largely responsible for its creation. Therefore, it is not surprising that states, while protecting their economic interests, are implementing new measures aimed at detecting and preventing tax crime. Poland is also pursuing this type of activity, and a number of innovative measures in the field of tax law have been introduced over the last few years. One such solution is the automatic system of analysing transaction data from financial institutions (System Teleinformatyczny Izby Rozliczeniowej, STIR). The way this system works – combining the collection of enormous sets of personal data including sensitive information with confidential analytics and composing reports for tax authorities and law enforcement purposes – must raise doubts as to its compliance with human rights standards. In terms of its operation, STIR resembles electronic surveillance systems in other EU Member States; the difference is that, instead of capturing telecommunications data, it aggregates bulk amounts of information on financial transactions. The purpose of this article is to discuss the regulations that establish the legal framework of STIR and to present recommendations on how to ensure its compliance with the privacy and data protection model functioning in the EU. Special attention will be paid to assessing the proportionality and quality of legal safeguards implemented to limit the risk of abuse of power according to standards established in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Conclusions drawn from this analysis are not only important from the perspective of the Polish legislature but are also relevant to other countries and EU institutions implementing systems similar to STIR that are interested in developing cooperation between Member States in the area of combatting tax fraud. Right to privacy, tax fraud, transaction network analysis, automated decision-making, VAT gap.
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Borovska, I. A., and A. V. Petrovskyi. "Implementation features of the court case management in the civil proceedings of Ukraine." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 68–74. http://dx.doi.org/10.24144/2788-6018.2022.06.13.

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The article is devoted to research of fundamental principles of the court case management, it’s entity and place in the civil justice principle system, interrelations with other principles of civil justice, as well as specific of implementation during the course of individual procedural procedures in civil proceedings. The article considers doctrinal scientific approaches regarding the legal nature of principles of the court case management, as well as certain aspects of principle of the court case management understanding as one of the fundamental principles associated with the effectiveness of justice through compliance with standards of civil proceedings, developed for the European Union countries. In the context of conducted research about legal nature understanding of court’s procedural activity during civil proceedings in the doctrine of civil procedural law regarding to assigning ability of attributing it to an independent principle of civil proceedings, the statement was defined: the principle of judicial leadership is a separate functional principle of civil proceedings, which is integrated with the norms of procedural law and in connection with other general principles, such as the principles of access to justice, the rule of law, as well as the sectoral principles of civil proceedings - adversarial, dispositivity, proportionality; their implementation with the goal of discretionary powers by the court within separate differentiated procedural procedures and, at the same time, in combination with other principles, to fulfill the goal of civil justice. To substantiate the above, the norms of the civil procedural legislation of Ukraine were analysed, in which the principle of judicial leadership finds its direct and indirect embodiment. On the basic of theoretical research and national civil procedural legislation review, the scientific position regarding nature of principle of the court case management have been formulated by a following feature extraction. It has been determined that the principle of the court case management is characterised by the following features: 1) it’s in a inextricable interconnection with other principles of civil proceedings, such as proportionality, dispositiveness, adversarial; 2)it’s used as a implementation of principles of civil justice during the execution judicial discretion within the limits of certain differentiated procedural procedures; 3) regarding to functional principles of civil proceedings it reflects legislation realisation as the norm of direct regulatory action by defining the role of the court as civil procedural legal relations member during the civil proceedings - a combination of powers and procedural actions of the chairman in the court session and indirect realisation through the prism of combination with other principles of civil justice. According to the results of the conducted research, respective conclusions have been formulated.
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Harvey, Darren. "Towards Process-Oriented Proportionality Review In The European Union." European Public Law 23, Issue 1 (February 1, 2017): 93–121. http://dx.doi.org/10.54648/euro2017006.

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This article provides an analysis of contemporary case law and subsequent academic commentary which suggests that a more process-oriented approach to proportionality review has recently been taken by the Court of Justice of the European Union. It argues that the manner in which process-oriented review has been utilized gives rise to a fundamental reconceptualization of the nature of the proportionality test at the EU level; moving away from a substantive, merits based concept of review towards something more akin to a procedural obligation to state the reasons which underpin a contested measure. The article highlights some of the problems that have arisen from this shift in approach from both a doctrinal and a theoretical perspective, whilst demonstrating the inconsistent way in which the Court has formulated and applied process-oriented proportionality review to date.
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Dissertations / Theses on the topic "Proportionality in law – European Union Countries"

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Shi, Feng. "Principles of European Union water law." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.

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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.

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Defence date: 14 March 2022
Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Fee, Emma. "'A Europe without dividing lines': the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile?" Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.

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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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BARANSKI, Marcin. "Constitutional pluralism in the European Union : a critical reassessment." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.

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Defence date: 26 July 2021
Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)
The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
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CERAN, Olga. "Cross-border child relocation : national law in a united Europe." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.

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Defence date: 17 March 2022
Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.

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Defence date: 27 April 2021
Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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KARAGIANNIS, Yannis. "Preference heterogeneity and equilibrium institutions: The case of European competition policy." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.

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Defence date: 21 December 2007
Examining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
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SCHOLTES, Julian. "The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism." Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.

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Defence date: 21 January 2022
Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)
‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
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Liang, Zheng Yun. "The enviromental principles of the European Union." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120095.

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Li, Qian. "European Union normative approaches to enviromental governance." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120096.

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Books on the topic "Proportionality in law – European Union Countries"

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Proportionality, fundamental rights, and balance of powers. Leiden: Martinus Nijhoff Publishers, 2010.

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European Union law. 2nd ed. Milton Park, Abingdon, Oxon: Routledge, 2010.

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1969-, Humphreys Matthew James, ed. European Union law. 6th ed. Oxford: Oxford University Press, 2010.

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European Union law. Cambridge, United Kingdom: Cambridge University Press, 2015.

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European Union law. 3rd ed. London: LexisNexis UK, 2003.

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(Firm), Routledge, ed. European Union law. 6th ed. London: Routledge-Cavendish, 2009.

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(Firm), Routledge, ed. European Union law. 6th ed. London: Routledge-Cavendish, 2009.

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Cuthbert, Mike. European Union law. 5th ed. London: Cavendish, 2003.

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Davies, Karen. Understanding European Union law. 3rd ed. New York, NY: Routledge, 2007.

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Understanding European Union law. 2nd ed. Milton Park, Abingdon, Oxon: Routledge, 2011.

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Book chapters on the topic "Proportionality in law – European Union Countries"

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Joosen, Bart, and Matthias Lehmann. "Proportionality in the Single Rule Book." In The Palgrave Handbook of European Banking Union Law, 65–90. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-13475-4_4.

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Inan, Nurkut, and Gamze Öz. "Turkish Competition Law and the Impact of the Customs Union Decision." In Turkey and Central and Eastern European Countries in Transition, 259–67. London: Palgrave Macmillan UK, 2001. http://dx.doi.org/10.1007/978-0-333-97800-9_12.

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Matthes, Claudia-Y. "Safeguarding Democracy and the Rule of Law by Civil Society Actors? The Case of Poland." In Palgrave Studies in European Union Politics, 263–81. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_11.

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Abstract A growing body of literature examines the EU’s reactions to illiberal trends in ECE countries. These studies predominantly focus on political instruments such as Article 7 and the Commission’s new rule of law mechanism, and there is a broad consensus on the view that these tools are too weak to combat breaches of liberal principles. This chapter therefore explores the potential of alternative strategies, namely the involvement of civil society actors in backsliding countries. By looking at the Polish case, it explores how much Polish civil society interacts with the European institutions in order to address violations of the rule of law and which strategies these actors unfold. It examines whether this cooperation may help to safeguard democracy in a bottom-up manner. The overall goal of the chapter is to investigate how much the EU’s instruments against democratic backsliding could and should be accompanied effectively by strategies aiming at collaboration with liberal forces within the backsliding member states.
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Tomini, Luca, and Seda Gürkan. "Contesting the EU, Contesting Democracy and Rule of Law in Europe. Conceptual Suggestions for Future Research." In Palgrave Studies in European Union Politics, 285–300. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_12.

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Abstract In ECE countries, democratisation and Europeanisation seemed to exist in a mutually reinforcing relationship and both concepts provided the main analytical lenses for studying these states. In the light of recent illiberal and anti-EU politics, two different concepts have started to receive increasing scholarly attention, namely the concepts of de-Europeanisation and autocratisation. Their exact meaning, however, remains unclear and the causal link between these specific processes and the rule of law has largely remained understudied. Against this backdrop, this chapter first summarises the state-of-the-art research on autocratisation and de-Europeanisation, and then examines the interaction and causal link between these two phenomena in times of declining democracies in Europe and rule of law problems.
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Naef, Tobias. "The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union." In European Yearbook of International Economic Law, 115–230. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_3.

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AbstractThe right to data protection in Article 8 CFR has an extraterritorial dimension, which requires continuous protection for personal data that is essentially equivalent to the protection guaranteed within the EU. This right to continuous protection of personal data is an unwritten constituent part of the right to data protection in Article 8 CFR. Primary Union law in Article 16(2) TFEU instructs the European Parliament and the Council to establish rules relating to the protection of individuals regarding the processing of their personal data. This mandate also extends to the extraterritorial dimension of the right to data protection. Accordingly, Chapter V GDPR sets out the system for the transfer of personal data from the EU to third countries. The first section of this chapter defines the legal concept of “data transfers” and introduces the three legal mechanisms for the transfer of personal data in Chapter V GDPR (Sect. 3.1). The following sections address the three legal mechanism and their role in guaranteeing the right to continuous protection for personal data. Each section entails a fundamental rights analysis for the transfer of personal data on the basis of a legal mechanism in Chapter V GDPR. The second section is dedicated to data transfers based on adequacy decisions for third countries following Article 45 GDPR (Sect. 3.2). The third section is dedicated to data transfers based on the instruments providing appropriate safeguards in Article 46 GDPR such as standard data protection clauses and binding corporate rules (BCRs) (Sect. 3.3). Finally, the fourth section is dedicated to data transfers subject to contract-based and consent-based derogations in Article 49 GDPR (Sect. 3.4).
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Ranaldi, Valentina. "The Role of the European Border and Coast Guard Agency (Frontex) in the Management of the External Borders of the European Union: The Cooperation Agreements with the Western Balkans Countries." In Regional Law Review, 157–68. Belgrade ; Hungary ; Osijek: Institute of Comparative Law ; University of Pécs Faculty of Law ; Josip Juraj Strossmayer University of Osijek, Faculty of Law, 2020. http://dx.doi.org/10.18485/iup_rlr.2020.ch12.

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Horspool, Margot, Matthew Humphreys, and Michael Wells-Greco. "5. The European Union legal system." In European Union Law, 108–39. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870586.003.0005.

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This chapter discusses the EU system’s sources of law covering: primary legislation, secondary Union legislation and other sources of law, including ‘soft law’. It also discusses the legislative procedures, decision-making procedure of the Commission and legislative powers and implied powers. The chapter concludes with a discussion on the application of the principle of subsidiarity and proportionality.
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Horspool, Margot, Matthew Humphreys, and Michael Wells-Greco. "6. General principles of law and the Charter of Fundamental Rights." In European Union Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198818854.003.0006.

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This chapter discusses the overarching principles of the Union legal order (subsidiarity, proportionality, sustainability, and equality); fundamental human rights in the Union (Court of Justice jurisdiction over Member State acts, and rights against Union institutions or agents); and principles of administrative justice and good governance (legal certainty, non-retroactivity and legitimate expectations, rights of process and natural justice, transparency, and legal professional privilege).
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Horspool, Margot, Matthew Humphreys, and Michael Wells-Greco. "6. General principles of law and the Charter of Fundamental Rights." In European Union Law, 140–85. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870586.003.0006.

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This chapter discusses the overarching principles of the Union legal order, e.g. subsidiarity, proportionality, sustainability and equality; fundamental human rights in the Union (Court of Justice jurisdiction over Member State acts and rights against Union institutions or agents); and principles of administrative justice and good governance (legal certainty, non-retroactivity and legitimate expectations, rights of process and natural justice, transparency and legal professional privilege).
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Bradley, Kieran. "5. Legislating in the European Union." In European Union Law, 101–53. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198855750.003.0005.

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This chapter discusses the procedures for the adoption of legislative and other normative measures in the EU. It touches on a wide variety of subjects: forms of legal act; law-making competences and choice of procedure; the delegation of normative powers; and the application of the constitutional principles of conferral, subsidiarity, and proportionality. A number of more abstract matters are also covered, such as the hierarchy of norms and the ‘democratic deficit’.
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Conference papers on the topic "Proportionality in law – European Union Countries"

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Macerinskiene, Irena. "INTANGIBLES ASSESSMENT IN EUROPEAN UNION COUNTRIES." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b24/s7.050.

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Popovski, Aleksandra. "ULOGA NAČELA RAZMJERNOSTI U OGRANIČAVANjU TEMELjNIH GOSPODARSKIH SLOBODA UNUTARNjEG TRŽIŠTA EUROPSKE UNIJE." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.065p.

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General principles of the European Union law are a source of law whose importance increased progressively throughout the entire period of existence of this European integration, largely due to case law of the Court of Justice of the European Union. General uncodified legal rules are often used by the Court, in order to conceal obviousness of judicial creation of law, thereby achieving the impression of neutrality and objectivity of its decisions. One of the general principles of European Union law, because of which creative application the Court was sometimes called out, particularly in the context of limiting freedoms of the single market, is the principle of proportionality. General influence of European Union law on national legal systems is analysed in the first part of the paper. Meaning and content of the proportionality, as well as application of the said principle in the area of the European administrative law, is analysed in the second part of the paper. Finally, the trends in the application of the principle of proportionality in the interpretation of the scope of application of freedoms of the single market, with emphasis on the influence of the relevant part of the acquis communautaire on the formation of national legal systems are identified and critically assessed in the third part of the paper.
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Murtishcheva, A. O. "Coronavirus restrictions: necessary reaction to pandemic and the observance of proportionality principle (Ukrainian and other countries’ experience)." In EUROPEAN POTENTIAL FOR THE DEVELOPMENT OF LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-040-7-17.

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MICKIEWICZ, Bartosz. "MODIFICATIONS OF THE CURRENTLY IMPLEMENTED EUROPEAN UNION COMMON POLICY CONCERNING DIRECT PAYMENTS." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.047.

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The paper presents the EU trend towards simplifying of the European legislation in the Common Agricultural Policy. Author remarks the Multi-annual Financial Framework should be focused on the simplification of the CAP and points out that the law should be created in simple, transparent and understandable manner for farmers. EU Members States must respect the principles of subsidiarity, proportionality and coherence. Paying attention to direct payments, there is underlined the importance of land greening in relation to the diversification of crops and the preservation of permanent agricultural land. Author concludes that only professional farmers who have acquired payment entitlements. The review of CAP has not changed the level of funding of agricultural policy in present financial perspective.
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Montvilaite, Kristina. "ASSESSMENT OF FOREIGN DIRECT INVESTMENT CONVERGENCE POSSIBILITIES IN THE COUNTRIES OF THE EUROPEAN UNION." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b22/s6.009.

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Zemguliene, Jolanta. "THE PRODUCTIVITY SPILLOVERS AS THE SOURCE OF ECONOMIC GROWTH � AN EMPIRICAL ANALYSIS WITH EUROPEAN UNION COUNTRIES� DATA." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b23/s7.084.

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Yumagulova, E. R., A. A. Norekyan, and E. V. Yumadilova. "KEY ASPECTS OF THE NEW FOREST STRATEGY OF THE EUROPEAN UNION AND THE RUSSIAN FEDERATION." In webinar. Nizhnevartovsk State University, 2020. http://dx.doi.org/10.36906/es-2020/05.

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The paper describes problem features of deforestation and solutions in the EU countries and Russian Federation. The effectiveness of the EU policy and law in the field of forestry is supported by the steady growth of forest area for more than 60 years. Forest complex of Russia is in a major crisis now. Wood recourses insecurity of planned export performance of the timber industry complex and internal consumption is the main mistake of the Development Strategy for the Forestry Complex of the Russian Federation until 2030.
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Karluk, S. Rıdvan. "EU Enlargement to the Balkans: Membership Perspective to the Balkan Countries." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01163.

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After the dispersion of the Soviet Union, the European Union embarked upon an intense relationship with the Central and Eastern European Countries. The transition into capital market and democratization of these countries had been supported by the Ministers of Foreign Affairs at the beginning of 1989 before the collapse of the Soviet Union System. The European Agreements were signed between the EU and Hungary, Poland, and Czechoslovakia on December 16th, 1991. 10 Central and Eastern Europe Countries became the members of the EU on May 1st, 2004. With the accession of Bulgaria and Romania into the EU on January 1st, 2007, the number of the EU member countries reached up to 27, and finally extending to 28 with the membership of Croatia to the EU on July 1st, 2013. Removing the Western Balkan States, Serbia, Montenegro, Albania, and Bosnia and Herzegovina from the scope of external relations, the EU included these countries in the enlargement process in 2005.The European Commission has determined 2014 enlargement policy priorities as dealing with the fundamentals on preferential basis. In this context, the developments in the Balkans will be closely monitored within the scope of a new approach giving priority to the superiority of law. The enlargement process of the EU towards the Balkans and whether or not the Western Balkan States will join the Union will be analyzed.
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Niftiyev, Ibrahim. "A comparison of institutional quality in the South Caucasus." In The European Union’s Contention in the Reshaping Global Economy. Szeged: Szegedi Tudományegyetem Gazdaságtudományi Kar, 2022. http://dx.doi.org/10.14232/eucrge.2022.9.

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Much has happened in the three countries of the South Caucasus-namely, Azerbaijan, Georgia, and Armenia-since the collapse of the Soviet Union. Political events, institutional reforms, and economic development have resulted in greater economic welfare in these countries after the painful transition period of the 1990s. However, it remains to be seen whether they have achieved any solid results or whether they still have much to accomplish. While the answer is ambiguous, each country has followed a different political, geopolitical, economic, and institutional path and achieved different economic outcomes despite their close geographical proximity to each other. This paper compares the available data on economic and institutional quality in Azerbaijan, Georgia, and Armenia to portray the overall situation in terms of changes in institutional patterns. Then, special attention is given to Azerbaijan, as the country is considered to be oil-rich and thus resource-dependent. A comparative perspective on institutional quality suggests that Georgia has been a leading country in terms of institutions and effective bureaucracy-building, despite having lower economic indicators compared to Azerbaijan. Moreover, while Armenia is positioned between Georgia and Azerbaijan in terms of institutional quality, its economic growth is similar to Georgia's. Lastly, institutional variables (e.g., control of corruption, rule of law, and government effectiveness, and human rights) in Azerbaijan are negatively correlated with oil-related variables. This result aligns with the natural resource curse and Dutch disease theories, which posit that oil boom periods in mineral-rich countries are associated with a deterioration in institutional quality, thereby leading to slower growth. Also, the results are important to build up analytical frameworks to address the Dutch disease or resource curse studies in the case of Azerbaijan in a comparative manner with oil-poor countries even if the scope is limited to the South Caucasian former Soviet Union countries.
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Silovs, Mihails, and Olga Dmitrijeva. "Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union." In 22nd International Scientific Conference. “Economic Science for Rural Development 2021”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2021. http://dx.doi.org/10.22616/esrd.2021.55.052.

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The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.
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