Academic literature on the topic 'Supranational dimension'
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Journal articles on the topic "Supranational dimension"
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COUTTS, Stephen. "The Shifting Geometry of Union Citizenship: A Supranational Status from Transnational Rights." Cambridge Yearbook of European Legal Studies 21 (December 2019): 318–41. http://dx.doi.org/10.1017/cel.2019.19.
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AbstractThis Article analyses recent developments in Union citizenship, in particular the relationship between Articles 20 and 21 TFEU. In doing so, it divides Union citizenship into a transnational and a supranational dimension with the transnational dimension having two sub-dimensions: social integration and autonomy. It is argued that we are seeing an increased emphasis on the responsibility of the individual citizen in the context of the transnational dimension and a clear linkage between the transnational and supranational dimensions. The result of these two moves is a status which continues to emphasise the relationship between the Union citizen and the communities represented by Member States, while framing this with a more prominent supranational dimension.
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Lupo, Nicola, and Giovanni Piccirilli. "The Relocation of the Legality Principle by the European Courts’ Case Law." European Constitutional Law Review 11, no. 01 (May 2015): 55–77. http://dx.doi.org/10.1017/s157401961500005x.
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Rule of law and the legality principle – Legality principle in the Italian legal system – ‘Prescribed by law’ – Legality in supranational dimension – ‘Democratic disconnect’ – Margin of appreciation – Concepts of ‘law’ and ‘legislation’ – Democracy-based legislation – Quality of legislation – ‘Political constitutionalism’ versus ‘legal constitutionalism’
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Perju, Vlad. "Against Bidimensional Supremacy in EU Constitutionalism." German Law Journal 21, no. 5 (July 2020): 1006–22. http://dx.doi.org/10.1017/glj.2020.59.
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AbstractScholarly consensus sees EU supremacy as “necessarily bidimensional”: the supranational dimension necessarily stands alongside the national dimension, which rejects the absolute and unconditional supremacy of EU law. I argue that this view of bidimensional supremacy is conceptually flawed and descriptively inaccurate. On the conceptual side, I identify the fallacy of symmetry (the idea that national and supranational perspectives on supremacy are similar in nature and equally reductionist), the fallacy of selection (the view that bidimensionalism alone can overcome what it perceives as an inevitable subjective bias in the choice between national and supranational supremacy claims), and the fallacy of construction (an originally shared popular sovereignty theory, which turns out to be riddled with biases that disrupt the equilibrium within the internally divided sovereign). On the interpretative side, I suggest that the empirical evidence in support of bidimensional supremacy is weaker than it is generally assumed. I then offer an interpretation of the PSPP judgment of the German Federal Constitutional Court, which holds a judgment of the Court of Justice of the European Union to be ultra vires, unlawful and thus non-binding. PSPP presents a problem of German origins and cast, rather than one stemming from the inner structure of EU constitutionalism. At most, PSPP represents a contingent, rather than necessary, and thus unexceptional instance of bidimensional supremacy.
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Lanko, D. A. "The Northern Dimension as a Promising Model of Interaction between the European Union and Great Powers in Times of Aggravation of Disintegration Processes in the European Space." Administrative Consulting, no. 7 (September 9, 2021): 17–28. http://dx.doi.org/10.22394/1726-1139-2021-7-17-28.
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The article discusses the Northern Dimension — the four-lateral policy of the Russian Federation, the European Union, Norway and Iceland — in two instances. On one hand, the Northern Dimension has established itself as an effective instrument of meeting specifc challenges of the northern part of the European continent. On other hand, the article discusses the Northern Dimension as a model of relationship between the EU and its potent neighbours, comparable with Russia in terms of their military power, size of the economy and the scale of political ambitions. The United Kingdom, which is fnishing its exit from the European Union, and which is starting building a new system of relationship with it, has recently emerged as such potent neighbour of the European Union. The article presents the results of analysis based on a dialogue between major theories of European integration: namely neo-functionalism and liberal intergovernmentalism. Combining the two theories allows analysing the roles of individual EU member states — the article focuses on Finland in that context — and of European supranational institutions in the formation of the Norther Dimension; among supranational institutions, the article focuses on the European Commission. The article concludes that Ireland can play a crucial role in the building of future relationship between the European Union and the United Kingdom. The Irish role is comparable with the role that Finland has played in the building of the relationship between the EU and Russia and in developing of the Northern Dimension into an effective and promising model of relationship between the integration union and its great power neighbours.
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Coolsaet, Rik. "Continuïteit en discontinuïteit in het Belgisch Europabeleid." Res Publica 40, no. 2 (June 30, 1998): 179–91. http://dx.doi.org/10.21825/rp.v40i2.18554.
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European states, including Belgium, have looked at the construction of Europe through an economie and a political prism. Both dimensions have evolved following parallel paths. In Belgium a large consensus has always existed concerning the economie dimension of the European construction. In this respect Belgiums post-1945 European policies area direct continuation of the interwar efforts to build a West-European economic area, based on a free trade philosophy and a rejection of economic nationalism which always handicapped small trading states such as Belgium. Even before the second world war the Belgian elite thus accepted the principles of economic multilateralism.In the political dimension however a consensus on a federal Europe only emerged at the end of the seventies. Till then, important parts of the Belgian political elite remained sceptical and even hostile to the construction of a supranational Europe, based on a traditional view on political autonomy and independence. The reasons why Belgian views on the political dimension of Europe slowly shifted to a federal objective were partly domestic and partly the result of the growing awareness that a small countries' political interests in the world can be best pursued through supranationality.
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Zimmer, Christina, Gerald Schneider, and Michael Dobbins. "The Contested Council: Conflict Dimensions of an Intergovernmental EU Institution." Political Studies 53, no. 2 (June 2005): 403–22. http://dx.doi.org/10.1111/j.1467-9248.2005.00535.x.
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Recent research has tried to uncover the political space in which the Council of Ministers of the European Union decides. Rather than the left-right conflict or a cleavage between governments with national and supranational attitudes, this article shows that a redistributive dimension, decisively shapes the interactions in this most important legislative body of the European Union. In contrast to extant studies, we employ ex ante rather than ex post preference data and rely on correspondence analysis as a means to identify the underlying dimensions of contestation. The article concludes with an empirical investigation of how enlargement will affect the emerging political space within the European Union. Our quantitative analysis suggests that the gulf between net-contributors and net-receivers will further deepen.
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Durst, Susanne, and Wolfgang Gerstlberger. "Financing Responsible Small- and Medium-Sized Enterprises: An International Overview of Policies and Support Programmes." Journal of Risk and Financial Management 14, no. 1 (December 27, 2020): 10. http://dx.doi.org/10.3390/jrfm14010010.
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In the last few years, the financing of responsibly operating small and medium-sized enterprises (SMEs) has become the focus of attention of several national and international bodies. Consequently, a number of policies and support programmes have been established aimed at supporting SMEs that take a responsible approach concerning the company and its operations. Against this background, this article presents a comprehensive international overview of support programmes for financing responsible SMEs. Based on systematic desk research, documents of national governments as well as supranational and international organisations have been investigated. The findings reveal that there are strong regional differences in terms of support policy approaches, intensity, and criteria. The largest part of the identified programmes has been launched by the European Union and/or its member states. Additionally, the findings clarify that the primary focus of extant programmes is on the environmental dimension of sustainability, mainly energy-related questions. The social dimension has been neglected so far in the programmes.
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Erhiun, Melissa. "The ratio of national and supranational levels of foreign policy formation of the European Union." Grani 23, no. 10 (October 30, 2020): 58–67. http://dx.doi.org/10.15421/172093.
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The relevance of the topic has been summed up by the migratory crisis, the emergence of recent conflicts and the occasional instability near the cordons of the EU, as a result, he is forced to strengthen supranational governance in various fields. One of such areas is foreign policy, which in the context of changing the nature of security interactions plays an important role in the process of European integration. The object of the study is the EU as an international actor in the process of its formation and development. The subject is the foreign policy dimension of the EU's functioning, its conceptual, institutional and instrumental aspects.The aim of the article was to consider a number of approaches with different emphases in the interpretation of the European Union's foreign policy, definitions of "sovereignty" and "supranationality", the difference between normative and implementing supranationalism, the historical attitude of member states to the full preservation or delegation of sovereignty. in the formation of EU policy, the creation of new authorities and positions in the process of EU formation in the context and the factors influencing member states on the formation of common EU policy and determine the attitude of member states to the supranational level of governance, advantages and disadvantages for them.Conclusions. Member states are ambivalent about deeper integration in foreign policy. On the one hand, foreign policy cooperation can serve as a tool that allows Member States to pursue their national interests more effectively. However, in the absence of leadership in the EU, the supranational level can become an instrument of regulatory justification for projecting the priorities of individual member states on other members of the union. At the same time, the possibilities of its use remain limited due to serious differences in the strategic culture of the EU member states.
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Cordini, Marta, Tatjana Boczy, and Ruggero Cefalo. "Place-Sensitive Social Investment and Territorial Cohesion: Implications for Sustainability." Sustainability 13, no. 13 (June 24, 2021): 7085. http://dx.doi.org/10.3390/su13137085.
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This theoretical paper presents a review of existing literature on the Social Investment (SI) approach to social policy and its underlying and under-explored territorial dimension. The SI approach has been debated and promoted mainly at national and supranational level, while the territorial dimension has been relatively underestimated in the policy as well as in the academic debate. A place-sensitive approach should be included within the analytical framework when addressing the territorial articulation of SI, as territorial-related variables may foster or hinder SI policies. Therefore, we provide a theoretical frame to articulate the territorial dimension of SI, and we discuss relevant points of contact between Social Investment and Territorial Cohesion. First, we provide a critical discussion about Social Investment approach, with the simultaneous aim of highlighting the gaps and the flaws, among which we focus on the territorial dimension of these policies. Second, we argue that this territorial dimension is related to the interaction between four main factors: (1) The reliance on the provision of capacitating services; (2) the process of institutional rescaling; (3) the persistence of spatial inequalities at subnational levels; and (4) the characteristics of the knowledge and learning economy. Third, we explore the relationship between place-sensitive Social Investment and Territorial Cohesion, discussing potential implications for sustainable development. The work is a theoretical reflection based on the HORIZON2020 project COHSMO “Inequality, Urbanization and Territorial Cohesion: developing the European social model of economic growth and democratic capacity”.
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Coutts, Stephen. "Supranational public wrongs: The limitations and possibilities of European criminal law and a European community." Common Market Law Review 54, Issue 3 (May 1, 2017): 771–803. http://dx.doi.org/10.54648/cola2017060.
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Criminal law has an inherent expressive and communitarian dimension, expressing the common values and norms of the political community. Drawing on the theory of Antony Duff, this article explores the extent to which the EU’s actions in the area of substantive criminal law can be said to express common European values by identifying actions deemed wrongful vis-à-vis the Union as a whole. The Union is limited in its capacity to express conceptions of wrong-doing through its substantive criminal law by the limited nature of its competences, its functional character and its multilevel structure. However, it does enjoy an expressive quality in two broad areas; first, the identification of European public goods, harm to which constitutes a wrong to the Union and second, common European public values. Also, substantive EU criminal law can support transnational criminal law processes, interacting with national criminal law and giving rise to the identification of certain shared wrongs amongst Member States. Thus, while certainly limited, EU criminal law does fulfil a role in the identification of wrongful behaviour and the expression of common values.
Dissertations / Theses on the topic "Supranational dimension"
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Yoshizawa, Hikaru. "The International Dimension of EU Competition Policy: Does Regional Supranational Regulation Hinder Protectionism?" Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/228572.
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There is an increasing recognition of the international presence and regulatory influence of the EU in competition policy. Despite a scholarly focus on its international dimension, the issue of nationality-based (non-) discrimination has insufficiently been investigated in the existing literature on EU competition policy. Thus, this research aims to fill this gap in the literature by examining whether the EU internally and externally utilizes its competition rules for the objective of promoting (potential) national and European champions, while disadvantaging non-EU based companies operating inside and outside the European internal market. Empirical findings validate two hypotheses of this research: that the supranational institutional setting of the EU in competition policy constrains the ability of member states to use their competition policies for neomercantilist, and even for protectionist purposes; and that the institutional setup assures nationality-blind enforcement by EU competition regulators, even vis-à-vis non-EU based companies. The research also identifies key systemic factors which either constrain or empower the EU as a regulatory power in the competition policy domain. The empirical analysis draws on both quantitative data and in-depth studies of recent major cases. Most cases are from the period between September 1990 and August 2015, involving American and Japanese companies, which have a strong presence in European economies.EU competition policy is highly supranational and has a distinctive goal of market integration. In order to understand better how these features shape EU competition policy, this research proposes an original model of ‘stringent competition policy’, drawing on the theory of regulatory states. This model is more useful than the essentially neomercantilist model of strategic competition policy in explaining the EU’s enforcement without regard to the nationality of firms. Internally, the supranational institutional setting significantly constrains the ability of the member states to utilize their competition policies for neomercantilist and protectionist purposes. Regarding external consequences of this policy, the EU stringently enforces its competition rules regardless the nationality of firms involved in law infringements, though some cases involving non-EU firms were highly politicized and contested. To ensure that its stringent competition policy does not deteriorate the international competitiveness of European firms, the EU has been promoting competition policy externally, especially since the 1990s. However, the EU’s ability to play a leadership role in global multilateral fora is limited, despite its dedication and ambitions. This is because the EU’s regulatory power is fundamentally constrained by systemic factors such as a sharp increase in the number and heterogeneity of competition policies around the world, the deadlock of WTO negotiations on world competition law, and the emergence of transgovernmental networks such as the ICN. At the same time, these systemic factors have created the demand of younger competition authorities for reference points, if not models, and this opened up a window of opportunity for the EU to promote its competition policy rules and norms more extensively in third states. Overall, this research contributes to the EU competition policy literature by firmly placing it in a wider debate on competition and/versus competitiveness in the study of global political economy.Doctorat en Sciences politiques et sociales
info:eu-repo/semantics/nonPublished
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Payraudeau, Christel. "La protection du droit au respect de la vie privée par le Conseil constitutionnel à l’épreuve du numérique." Thesis, Corte, 2022. http://www.theses.fr/2022CORT0006.
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La constitutionnalisation du droit au respect de la vie privée a trouvé sa place progressivement, mais avec l’avènement du numérique de nouvelles problématiques se sont imposées. La société est en pleine mutation depuis quelques décennies déjà, et même si l’indéniable efficacité des technologies modernes se montre séduisante, les évolutions sont très rapides et le droit ne peut intervenir qu’à retardement. Dans ce contexte et face à l’hégémonie du numérique, nous devons nous interroger sur la réalité des libertés individuelles et des droits fondamentaux. La vie privée est bousculée par les nouvelles pratiques mises en œuvre. Ces problématiques sont incontournables, quels que soient les enjeux mondiaux, aussi bien sécuritaires, économiques que politiques. Il est nécessaire d’analyser comment le Conseil constitutionnel se positionne afin de parvenir à mieux identifier ses limites. Dans notre réalité numérique, comment l’indispensable protection du Conseil constitutionnel peut-elle paraître lacunaire en matière de droit au respect de la vie privée ? Cette thèse a pour objet de démontrer que dans un monde en constante évolution technologique, les trois thèmes de l’étude ne sauraient être dissociés : le droit au respect de la vie privée, à l’instar des libertés individuelles qui priment, le numérique qui se rend indispensable et la cour constitutionnelle pour garantir le bon fonctionnement et la gestion de ces notions qui pourraient facilement devenir antagonistes. Nous identifierons les objectifs constitutionnels opposables au droit au respect de la vie privée ainsi que les garanties qui conditionnent la conciliation de ce droit avec les objectifs législatifs. Nous allons estimer pour notre étude que la vie privée dans le monde virtuel du numérique présente deux facettes dont le Conseil constitutionnel tente de se montrer garant : d’une part celle qui préserve notre relation avec autrui et d’autre part celle qui se rapporte directement à la personne.Il est important de garder l’esprit critique sur l’utilisation qui est faite des données personnelles de chacun d’entre nous. Avec le numérique, la protection de la vie privée doit nécessairement être analysée au-delà des frontières de notre pays. Pour analyser les dangers qui menacent celle-ci, il est intéressant de se pencher sur l’étude des décisions du Conseil constitutionnel afin de pouvoir comparer la jurisprudence et la législation française à celles d’autres pays. Les outils numériques, par leur capacité à impacter de très nombreux aspects de nos vies, réduisent considérablement les limites spatio-temporelles, qui semblent de plus en plus désuètes. Le réseau numérique a la capacité de relier les personnes de manière virtuelle aux quatre coins du monde. Ainsi, la protection constitutionnelle s’inscrit aujourd’hui dans un tout autre contexte dans la mesure où l’exercice de nos libertés et de nos droits, comme la vie privée, a inévitablement une dimension supranationaleThe constitutionalisation of the right to privacy has progressively found its place, but with the advent of digital technology, new issues have emerged. Our society has undergone major changes over the last few decades, and even though modern technologies are very attractive due to their undeniable efficiency, they are evolving very fast and the law can thus only intervene too late.In this context and with regard to the supremacy of digital technology, we must question the reality of individual freedoms and fundamental rights. Privacy is shaken up by new practices. These issues are inescapable whatever the global challenges be they security, economic or political ones. It is necessary to analyse how the constitutional Council positions itself in order to better identify its limits. In our digital age, how can the much needed protection of the constitutional Council appear as inadequate as regards the right to privacy ?The purpose of this thesis is to demonstrate that in an ever-evolving technological world, the three themes studied here are inextricably linked: the right to privacy, as with individual freedoms which prevail, digital technology which makes itself indispensable and the constitutional court to guarantee the proper functioning and the management of these notions which could easily become antagonistic. We will identify the constitutional objectives which can be opposed to the right to privacy as well as the guarantees which determine the conciliation of this right with legislative objectives. In our study, we will consider that privacy in the digital virtual world has two sides that the constitutional Council is attempting to guarantee: on the one hand, protecting our relationship with others and on the other hand protecting the individual.It is important to remain critical of the use made of our personal data. With digital technology, the protection of privacy must unquestionably be analysed beyond our national borders. To analyse the dangers which threatens it, it is interesting to look at the study of the constitutional Council decisions in order to be able to compare case law and French legislation to those of other countries. Digital tools, due to their possible impacts on many aspects of our lives, considerably reduce spatial and temporal boundaries, which increasingly appear as obsolete. The digital network can virtually connect people all over the world. Therefore, constitutional protection is today part of a very different context insofar as exercising our freedoms and rights, such as privacy, inevitably has a supranational dimension
Books on the topic "Supranational dimension"
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Baldini, Gianni, and Monica Soldano, eds. Nascere e morire: quando decido io? Italia ed Europa a confronto. Florence: Firenze University Press, 2011. http://dx.doi.org/10.36253/978-88-6453-232-5.
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This book continues the collaboration between the department of BioLaw of the University of Florence and the non-profit association Madre Provetta, to contribute to a project of study and research that can build towards a common European law on Bioethics. In view of the professional activity in which they are engaged, the authors are among the leading experts in their respective fields on the issues addressed. Biotechnologies have rendered both birth and death more complex, which explains why the approach must be multidisciplinary. In effect, the research ranges from the medical and scientific sphere to the fields of law, sociology and philosophy and through to the institutional dimension. The leitmotif is the responsibility and self-determination of the individual: an anthology addressing issues concerning the beginning and the end of life. Particular focus is placed on the aspect of legal update in the light of recent case law, which is increasingly called upon, on the one hand to lend support to the legislator, and on the other to adapt national legislation to the rules and principles emerging from the supranational and European institutions.
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Der europäische Verfassungskonvent: Dimensionen der Konstitutionalisierung einer supranationalen Union. Frankfurt am Main: Peter Lang, 2004.
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Papadimitriou, Lydia, and Ana Grgić, eds. Contemporary Balkan Cinema. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474458436.001.0001.
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The first inclusive collection to examine post-2008 developments in Balkan cinema, this book brings together a number of international scholars working within and beyond the region to explore its industrial contexts and textual dimensions. Exploring both mainstream and arthouse cinemas, the authors identify patterns, trends and common characteristics in the subject matter and aesthetics of films produced and distributed since the global economic crisis. With a focus on transnational links, global networks and cross-cultural exchanges, the book addresses the role of national and supranational institutions as well as film festival networks in supporting film production, distribution and reception. Through critical and comprehensive profiles of the cinematic output in each Balkan country, and with an equal focus on smaller and underrepresented cinemas from Montenegro, Kosovo, North Macedonia and Albania, the collection argues for the continuing relevance of the concept of ‘Balkan cinema’. This study conceptualizes Contemporary Balkan Cinema as a hybrid, trans-national encounter that offers multifarious responses to political and social challenges in the region: gravitation and/or disillusionment toward the European Union; migration; political and social instability; and economic recession.
Book chapters on the topic "Supranational dimension"
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Giegerich, Thomas. "The Political Dimensions of Equality in the European Union: Equality of Union Citizens and Equality of Member States in a Supranational Representative Democracy." In European Union and its Neighbours in a Globalized World, 45–95. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-43764-0_4.
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"The Supranational Dimension of EU Citizenship." In Citizenship, Crime and Community in the European Union. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509915378.ch-003.
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Hodson, Dermot, Uwe Puetter, and Sabine Saurugger. "17. EU institutional politics:." In The Institutions of the European Union, 391–404. Oxford University Press, 2021. http://dx.doi.org/10.1093/hepl/9780198862222.003.0017.
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The establishment, consolidation, and transformation of EU institutions—in short, EU institutional politics—is the subject of this book. This chapter asks how the different institutions surveyed are situated along the five dimensions of EU institutional politics: (1) intergovernmental vs supranational; (2) international vs transnational; (3) separate vs fused; (4) followers vs leaders; and (5) legitimate vs contested. We show that while tension between supranational and intergovernmental bodies remains a key dimension of EU institutional politics, the four other institutional dimensions have become more pronounced, especially as the crises facing European integration have become more salient over the past twenty years. These crises have not had a homogenous or unidirectional effect on EU institutional politics. The chapter also looks to the future of EU institutions, including institutional tensions over EU–UK relations after Brexit and the Conference on the Future of Europe.
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"Policy analysis and the work of supranational bodies." In Learning from Other Countries: The Cross-National Dimension in Urban Policy Making, 163–72. Routledge, 2005. http://dx.doi.org/10.4324/9780203973769-28.
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Costamagna, Francesco. "The EMU and the European Social Dimension." In The EU Law of Economic and Monetary Union. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198793748.003.0016.
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The Economic Monetary Union (EMU) has been famously portrayed as a ‘metaphor for the European Union’, involving high stakes for the integration process as a whole. Since its origins, the creation of the EMU was an eminently political project, with a direct bearing on the prospects of the European Union (EU) as a polity, its social model, and its constitutional identity. Yet, the main political aspects of the project were mostly discarded in the process that led to the establishment of the EMU’s institutional structure and its substantive rules. The creation of the common currency was not accompanied by the establishment of supranational institutions with a strong political mandate to accommodate conflicting interests, while the exercise of political autonomy at national level has been increasingly seen as a potential danger for the stability of the whole edifice. The crisis and the ensuing reform of the European economic governance consolidated the technocratic character of the EMU architecture and hardened its grip on national political processes.
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Fernandez-Rojo, David. "Regulation 2019/1896 on the European Border and Coast Guard (Frontex): The Supranational Administration of the External Borders?" In The External Dimension of EU Migration and Asylum Policies, 295–324. Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://dx.doi.org/10.5771/9783845298375-295.
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Ferdinand, Peter, Robert Garner, and Stephanie Lawson. "8. Ideologies." In Politics. Oxford University Press, 2018. http://dx.doi.org/10.1093/hepl/9780198787983.003.0008.
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This chapter considers a range of traditional and contemporary ideologies. Traditional ideologies are associated with the Enlightenment and have had a significant impact on the development of world politics in the last 200 years. The claims of the traditional ideologies are challenged by more contemporary ideologies; the latter should therefore be seen in the context of growing scepticism about the utility of Enlightenment ideologies. The chapter first describes the general characteristics of an ideology before discussing traditional ideologies such as liberalism, socialism, conservatism, and fascism. It also examines contemporary ideologies, namely: feminism, environmentalism, multiculturalism, and religious fundamentalism. The chapter argues that contemporary ideologies represent a challenge to the state, as seen in the greater emphasis on the supranational dimension observed, in particular, in multiculturalism, environmentalism, and religious fundamentalism.
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Biondi, Andrea, and Martin Farley. "Damages In EU Law." In Oxford Principles Of European Union Law: The European Union Legal Order: Volume I. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199533770.003.0037.
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These are difficult times for the European legal order and its effective enforcement. Despite the positive impact of the Charter of Fundamental Rights, the perils to which the system of judicial protection is subjected is reflected by the debate on how violations of individual rights contained in European Union (EU) law can be adequately sanctioned. The heroic days of historical judgments are after all long gone and many criticisms have been levelled at whether the EU judiciary is still able to deliver an efficient and fair system of protection. It is equally true that supranational judicial protection may no longer be as necessary as it once was owing to the maturity of the EU legal system. The progressive internalization of both the substantive and remedial dimension of EU law has gradually shifted the attention and the question of intensity of protection from the Luxembourg Court—for many years the supreme guardian of EU individual rights—to national authorities and domestic courts.
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Niżnik-Mucha, Agata. "Tożsamość konstytucyjna a relatywizacja ochrony praw człowieka." In Interdyscyplinarny wymiar tożsamości konstytucyjnej, 53–70. Ksiegarnia Akademicka Publishing, 2022. http://dx.doi.org/10.12797/9788381387149.03.
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CONSTITUTIONAL IDENTITY AND THE RELATIVISATION OF HUMAN RIGHTS PROTECTION The phenomenon of “constitutional identity” is characterized by the ambiguity of the concept as well as the diverse, multifaceted scope of its application. This paper focuses on a particular dimension of constitutional identity and considers whether, beyond its added values, there is a potential danger of using this construct to relativise the protection of particular fundamental rights and to lower the standard of protection of these rights at the national level. It is noticeable that individual states refer to particular aspects of constitutional identity, determined by a specific cultural or historical context, e.g. in disputes on supranational and international levels. Unfortunately, identity arguments are particularly tempting for the authorities in states departing from liberal democracy – such authorities are especially predestined to relativise the freedoms and rights of various minorities, whom they identify as the “enemy” of the monolithic real people. As an illustration of these dangers, the author uses the example of Hungary, which is peculiar in that the populist Fidesz party succeeded in gaining a constitutional majority and having a new Hungarian Basic Law passed in 2011.
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Powers, Kathleen E. "Nationalisms in International Politics." In Nationalisms in International Politics, 1–31. Princeton University Press, 2022. http://dx.doi.org/10.23943/princeton/9780691224572.003.0001.
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This chapter highlights how nationalisms vary instead of being one-dimensional. National or supranational identities tend to affect behavior, foreign policy attitudes, and the norms they operate. The chapter clarifies how the title will simply explain which nationalisms support conflict and which supranationalisms promote cooperation. It clarifies the conceptualization that nationalism has two dimensions: the strength of nationalist identity and the norms defining a nationalist. Conceptualizing nationalism as a social identity allows the synthesis of insights from other disciplinary factors and psychological micro-foundations for studying nationalism in international politics. However, nationalisms tend to instil a sense of moral superiority when people start comparing social groups.
Conference papers on the topic "Supranational dimension"
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Noneva-Zlatkova, Yordanka. "PROTECTION OF CREDITORS’ RIGHTS IN THE CONTEXT OF AN EVOLVING INVESTMENT ENVIRONMENT UNDER EU LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.179.
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In the post-global economic and financial crisis, Europe is suffering from significantly low levels of investment. This applies both to national level in the individual Member States and to those with a supranational scope. For this reason, the EC tried to stimulate the development of any investment initiative through the Juncker Plan, which is based on three pillars: the European Fund for Strategic Investments, the European Investment Advisory Center and the European Investment Projects Portal, and third, improving the business environment by removing regulatory barriers to investment at national and European level. Policies in this direction will continue and build on over the period 2021-2027 through the InvestEU program, which aims to continue to support increased investment, innovation and job creation in Europe. The process of implementation of each such initiative directly affects the individual legal and natural persons as investors who enter different bond relations, which have both national and international dimension. The development of new investment products and instruments would be unthinkable without the Bank’s involvement as a major creditor in the implementation of investment projects. This fact shows that it is necessary to examine the legal guarantees for the protection of creditors in these relationships in case of possible threat the debtor to damage the creditor in case of unfavourable development of the respective investment initiative. This paper will justify the significance and the peculiarities of Paul’s claim as a means of protecting creditors in the context of a developing EU investment environment and its legal framework. This method of preventing the decline of the asset and / or the increase of the liability of the debtor’s property is characterized by extreme persistence over time as a legal institution that originated in the Roman era and has survived to the present without losing its significance.
Reports on the topic "Supranational dimension"
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Colomb, Claire, and Tatiana Moreira de Souza. Regulating Short-Term Rentals: Platform-based property rentals in European cities: the policy debates. Property Research Trust, May 2021. http://dx.doi.org/10.52915/kkkd3578.
Full textAbstract:
Short-term rentals mediated by digital platforms have positive and negative impacts that are unevenly distributed among socio-economic groups and places. Detrimental impacts on the housing market and quality of life of long-term residents have been particular contentious in some cities. • In the 12 cities studied in the report (Amsterdam, Barcelona, Berlin, Brussels, Lisbon, London, Madrid, Milan, Paris, Prague, Rome and Vienna), city governments have responded differently to the growth of short-term rentals. • The emerging local regulations of short-term rentals take multiple forms and exhibit various degrees of stringency, ranging from rare cases of laissez-faire to a few cases of partial prohibition or strict quantitative control. Most city governments have sought to find a middle-ground approach that differentiates between the professional rental of whole units and the occasional rental of one’s home/ primary residence. • The regulation of short-term rentals is contentious and highly politicised. Six broad categories of interest groups and non-state actors actively participate in the debates with contrasting positions: advocates of the ‘sharing’ or ‘collaborative’ economy; corporate platforms; professional organisatons of short-term rental operators; new associations of hosts or ‘home-sharers’; the hotel and hospitality industry; and residents’ associations/citizens’ movements. • All city governments face difficulties in implementing and enforcing the regulations, due to a lack of sufficient resources and to the absence of accurate and comprehensive data on individual hosts. That data is held by corporate platforms, which have generally not accepted to release it (with a few exceptions) nor to monitor the content of their listings against local rules. • The relationships between platforms and city governments have oscillated between collaboration and conflict. Effective implementation is impossible without the cooperation of platforms. • In the context of the European Union, the debate has taken a supranational dimension, as two pieces of EU law frame the possibility — and acceptable forms — of regulation of online platforms and of short-term rentals in EU member states: the 2000 E-Commerce Directive and the 2006 Services Directive. • For regulation to be effective, the EU legal framework should be revised to ensure platform account- ability and data disclosure. This would allow city (and other ti ers of) governments to effectively enforce the regulations that they deem appropriate. • Besides, national and regional governments, who often control the legislative framework that defines particular types of short-term rentals, need to give local governments the necessary tools to be able to exercise their ‘right to regulate’ in the name of public interest objectives.