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1
Dashwood, Alan. "The Draft EU Constitution—First Impressions." Cambridge Yearbook of European Legal Studies 5 (2003): 395–417. http://dx.doi.org/10.5235/152888712802784270.
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The convention on the Future of Europe, which came together in the spring of 2002, completed its work in June 2003. In the event, the various tasks that were set for the Convention by the Laeken Declaration of December 2001 on the Future of the European Union came to be subsumed in the overall task of devising a Constitution for the Union. A sufficient degree of consensus was achieved by the Convention to enable its President, Mr Valery Giscard d’Estaing, to present the outcome of the deliberations of the past 15 months, in the form of a Draft Treaty Establishing a Constitution for Europe, to the European Council of Thessaloniki. So it is through the proposed Constitutional Treaty (referred to hereinafter as ‘the Convention text’) that the specific objectives identified in the Nice and Laeken Declarations, such as those of re-legitimating the Union order and rendering the primary law of the Union more comprehensible to its subjects, now fall to be achieved.
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Dashwood, Alan. "The Draft EU Constitution—First Impressions." Cambridge Yearbook of European Legal Studies 5 (2003): 395–417. http://dx.doi.org/10.1017/s1528887000004407.
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The convention on the Future of Europe, which came together in the spring of 2002, completed its work in June 2003. In the event, the various tasks that were set for the Convention by the Laeken Declaration of December 2001 on the Future of the European Union came to be subsumed in the overall task of devising a Constitution for the Union. A sufficient degree of consensus was achieved by the Convention to enable its President, Mr Valery Giscard d’Estaing, to present the outcome of the deliberations of the past 15 months, in the form of a Draft Treaty Establishing a Constitution for Europe, to the European Council of Thessaloniki. So it is through the proposed Constitutional Treaty (referred to hereinafter as ‘the Convention text’) that the specific objectives identified in the Nice and Laeken Declarations, such as those of re-legitimating the Union order and rendering the primary law of the Union more comprehensible to its subjects, now fall to be achieved.
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Kemmeren, Eric C. C. M. "Double Tax Conventions on Income and Capital and the EU: Past, Present and Future." EC Tax Review 21, Issue 3 (June 1, 2012): 157–77. http://dx.doi.org/10.54648/ecta2012016.
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Double tax conventions on income and capital (DTC) build bridges between the economies of the contracting States. This paper discusses the position of DTCs in the EU based on two questions: (1) What was, is, will be, should have been, and should be the role of DTCs in the EU? (2) How did affect, does affect, will affect, should have affected, and should affect EU law DTCs? To answer these questions, the paper will look back, at the state of the art, and to the future. After setting a benchmark, it will discuss the past, starting with Art. 220 EEC Treaty (repealed in 2009), the Neumark Report (1962), the preliminary draft EC Multilateral Tax Convention on Income and Capital (1968), the Ruding Report (1992) and the European Commission's initiative on EC law and tax treaties (2005). The current position will primarily be discussed based on a number of issues addressed by the CJEU. The future will be discussed based on the recent Commission's communication on double taxation and the internal market and the instrument of a redeveloped EU Model Tax Convention. After fifty years of talk after the Neumark Report, it is now time for real and accurate actions within the EU in respect of DTCs. The paper ends with a call to the Commission and the Council to take the lead.
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Robinson, Paul. "Historical lessons for Europe's future in the wake of the EU Convention." Economic Affairs 24, no. 1 (March 2004): 5–10. http://dx.doi.org/10.1111/j.1468-0270.2004.t01-1-00450.x.
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de Búrca, Gráinne. "Limiting EU Powers." European Constitutional Law Review 1, no. 1 (October 12, 2004): 92–98. http://dx.doi.org/10.1017/s1574019605000921.
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One of the central issues arising during each of the Intergovernmental Conferences which has taken place since that of Maastricht, which inscribed the notion of limited conferred competences for the first time in the EC Treaty, has been the attempt to establish clear limits to the powers of the European Community and Union. The ‘delimitation of competences’ was placed on the initial post-Nice agenda of 2000 alongside only three other issues, and the ‘division and definition of competence’ was listed as the first of the pressing ‘challenges and reforms’ of the Laeken Declaration of 2001. No surprise, then, that this question was once again amongst the key questions for debate during the Convention on the Future of Europe, occupying the attention of at least two working groups (those on complementary competences and subsidiarity), and surfacing in many other political and academic debates on the proposed Constitution.
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Torkunova, E. A., and K. G. Zharinov. "Implementation of standards of the european convention on human rights regarding forced removal of aliens in the European Union law." Moscow Journal of International Law, no. 4 (December 31, 2020): 6–22. http://dx.doi.org/10.24833/0869-0049-2020-4-6-22.
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INTRODUCTION. The global migration crisis taking place in the world and especially within the European Union provokes debates regarding the necessity to change the current approaches to the regulation of migration issues. Thus, extensive work has been done in the recent years on the new future reform of the Area of Freedom, Security and Justice of the EU including the Common European Asylum System. Besides that, the Lisbon Treaty, which entered into force in 2009, provides that the European Union shall accede to the European Convention on Human Rights. Despite the failed attempt of accession in 2014 blocked by the Court of Justice of the EU, the European Union still must fulfill its obligation, which is bound to happen sooner or later. That is why the topic of the present article is of particular interest at the moment. However, it is important to clarify the understanding of certain terms used in the heading of the article. In particular, it should be noted that the term “aliens” in relation to the European Union legal order covers nationals of states that are not EU-members and do not apply the European Union law concerning migrants on other grounds (for example, due to the membership in the European Economic Area) and stateless persons as well. Further, the reader should take into account that the European Convention on Human Rights as an international treaty is not, strictly speaking, a source of EU law per se as the EU is not a party to the ECHR, at least so far. Therefore, the European Union is not directly obliged under international law to implement the ECHR. Nevertheless, the provisions of the Convention formed the basis for one of the most significant sources of the EU law – the so-called “general principles of the EU law”. Most of them were later codified in the Charter of Fundamental Rights of the European Union, which expressly stipulates that the meaning and scope of the Charter rights which correspond to rights guaranteed by the ECHR shall be the same as those laid down by the ECHR. It means that today the EU already shall comply with the Convention standards regardless of its non-accession to the ECHR as a collective party. Due to objective limits of the text volume the present article concentrates on implementation of the key substantive Convention guarantees concerning forced removal. Consequently, it does not cover the procedural standards laid down by Article 13 of the ECHR. Moreover, the research does not touch upon the general standards of Articles 3 and 8 of the Convention applied not only in the context of removals of aliens but also in other situations (e.g., regarding the conditions of detention). The aim of the present article is to evaluate the implementation of standards of the European Convention on Human Rights regarding forced removal of aliens in the European Union law and to suggest measures to ensure compliance with the Convention guarantees in case of detecting any problematic issues.MATERIALS AND METHODS. The research refers to the provisions of the European Convention on Human Rights, the primary and secondary EU law, the case-law of the ECtHR and the CJEU, the recent works of Russian and foreign scholars and also the Council of Europe handbooks. The methodological basis of the research consists of general scientific methods (analysis and synthesis, deduction and induction, classification, systematization, prediction) and special legal methods (comparative legal and formal-legal methods).RESEARCH RESULTS. Today the EU law thoroughly regulates such areas as granting international protection to third country nationals; determination of the member state responsible for examining an application for international protection lodged in one of the member states by an alien and his/her subsequent removal to this member state; removal of illegal immigrants to third countries and also the legal status of third country nationals who are family members of an EU citizen. The provisions of EU legal acts in this regard were formulated inter alia on the basis of the case-law of the ECtHR. Although the ECtHR has found violations of the Convention by the EU member states in a number of cases concerning the application of the EU law in the migration context (for example, within the framework of the Dublin system), all these violations were rather caused by exercising of discretionary powers by the member states than resulted from the content of the EU law itself. Moreover, the human rights-based approach used by the CJEU in the interpretation of certain potentially problematic legal acts (in particular, the Framework Decision on the European arrest warrant) contributed to the fact that the ECtHR has never come to a conclusion that the presumption of equivalent protection granted by the EU law (formulated in «Bosphorus Airways v. Ireland» in 2005) was rebutted in any cases regarding forced removal of aliens. Besides that, as of today in many aspects connected with migration the EU law provides broader protection that the Convention.DISCUSSION AND CONCLUSIONS. The standards of the European Convention on Human Rights regarding forced removal of aliens have been success-fully implemented in the European Union law despite certain originality of how the Convention guarantees are incorporated to the EU legal order in general. This is confirmed, among other things, by the fact that the ECtHR has never come to a conclusion that the presumption of equivalent protection granted by the EU law was rebutted in any cases regarding forced removal of aliens. However, the theoretical possibility of rebuttal of the said presumption in future cannot be excluded and the whole concept of such presumption has been occasionally criticized. The time will show whether the future EU legal acts (in particular, those adopted in the course of the ongoing reform of the Area of Freedom, Security and Justice in response to the escalation of the migration crisis) will fully comply with the European Convention on Human Rights.
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Kingston, Suzanne, Zizhen Wang, Edwin Alblas, Micheál Callaghan, Julie Foulon, Valesca Lima, and Geraldine Murphy. "The democratisation of European nature governance 1992–2015: introducing the comparative nature governance index." International Environmental Agreements: Politics, Law and Economics 22, no. 1 (October 27, 2021): 27–48. http://dx.doi.org/10.1007/s10784-021-09552-5.
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AbstractEuropean environmental governance has radically transformed over the past two decades. While traditionally enforcement of environmental law has been the responsibility of public authorities (public authorities of the EU Member States, themselves policed by the European Commission), this paradigm has now taken a democratic turn. Led by changes in international environmental law and in particular the UNECE Aarhus Convention (UNECE, United Nations Economic Commission for Europe Convention (1998). Convention on access to information, public participation in decision-making and Access to Justice in Environmental Matters (the Aarhus Convention), signed on June 25, 1998.), EU law now gives important legal rights to members of the public and environmental non-governmental organisations (“ENGOs”) to become involved in environmental governance, by means of accessing environmental information, participating in environmental decision-making and bringing legal proceedings. While doctrinal legal and regulatory scholarship on this embrace of “bottom-up” private environmental governance is now substantial, there has been relatively little quantitative research in the field. This article represents a first step in mapping this evolution of environmental governance laws in the EU. We employ a leximetrics methodology, coding over 6000 environmental governance laws from three levels of legal sources (international, EU and national), to provide the first systematic data showing the transformation of European environmental governance regimes. We develop the Nature Governance Index (“NGI”) to measure how the enforcement tools deployed in international, EU and national law have changed over time, from the birth of the EU’s flagship nature conservation law, the 1992 Habitats Directive (Directive 92/43/EEC). At the national level, we focus on three EU Member States (France, Ireland and the Netherlands) to enable a fine-grained measurement of the changes in national nature governance laws over time. This article introduces our unique datasets and the NGI, describes the process used to collect the datasets and its limitations, and compares the evolution in laws at the international, EU and national levels over the 23-year period from 1992–2015. Our findings provide strong empirical confirmation of the democratic turn in European environmental governance, while revealing the significant divergences between legal systems that remain absent express harmonisation of the Aarhus Convention’s principles in EU law. Our data also set the foundations for future quantitative legal research, enabling deeper analysis of the relationships between the different levels of multilevel environmental governance.
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Entina, E., and M. Entin. "EU Development in the Context of the Conference on the Future of Europe." International Trends / Mezhdunarodnye protsessy 20, no. 2 (2022): 51–78. http://dx.doi.org/10.17994/it.2022.20.2.69.6.
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The European Union is being dragged deeper into another systemic crisis, largely caused by itself. The EU usually saved face from the crises and got stronger, modernized, with broader powers vested by the Member States. Now the situation is different. The EU has hedged its bets. Using the tools of "deliberative" democracy, it held a Conference on the future of Europe, which is discussed in detail in this article. It was organized in a modern network format. Owing to it, the EU leadership was able to involve tens of thousands of people and all segments of society in the discussion of implementing the European project and deepening integration. According to their plan, such an impressive representativeness legitimizes in advance the widest range of recommendations approved by the Conference. Given these recommendations, the European Parliament, the EU Council and the European Commission can now draw any recipes for revitalizing what they are already doing, tightening their course and renewing the EU. They got a free hand, which they counted on: it will be difficult for opponents of reforms to go against the mandate of voters. Some of the measures proposed by the Conference have already been taken up by the EU institutions. Some may require amendments to the founding agreements of the integration bloc and the convening of a convention. The result could be a profound transformation in the way the EU is organized and functions. However, Brussels' plans seem to fall far from reality, contradict the interests of other world players and promotion of equal international cooperation and multilateralism.
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Nugraha, Ridha Aditya. "Preserving the Environment within the ASEAN Skies: Lessons from the European Union Emissions Trading Scheme." Hasanuddin Law Review 4, no. 1 (April 7, 2018): 15. http://dx.doi.org/10.20956/halrev.v4i1.1343.
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The United Nations Framework Convention on Climate Change also known as the Kyoto Protocol has set up a framework to reduce carbon emission. The environmental issue is also being addressed at the international aviation sector through the International Civil Aviation Organization’s resolutions. As an international organization sui generis, the European Union (EU) has decided to take up a further step with the enactment of the EU Emissions Trading Scheme. The latter has obliged both EU and non-EU airlines to comply with its ambitious goal controlling aviation emissions. However, the legal framework had triggered international objections from legal perspective due to infringement towards the Chicago Convention of 1944 and the international customary law principles. Considering of the nature of the Association of South East Asian Nations (ASEAN) as an international organization without a supranational law order; as well as recent developments in regards to legal framework on emissions, the future of ASEAN skies from an environmental perspective seems uncertain. However, if ASEAN Emissions Trading Scheme shall take place, they should learn from the EU Emissions Trading Scheme past mistakes and the International Civil Aviation Organization resolutions to prevent non-discrimination towards non-ASEAN member states’ airlines from happening.
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Юмашев, Юрий, Yuriy Yumashev, Елена Постникова, and Elena Postnikova. "INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 93–98. http://dx.doi.org/10.12737/article_598063fae98166.23072693.
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The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court).
The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.
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Bach, Daniel. "L'Afrique du Sud, l'Union européenne et la Convention de Lomé : du bilatéralisme au néo-régionalisme ? (Note)." Études internationales 27, no. 4 (April 12, 2005): 733–42. http://dx.doi.org/10.7202/703661ar.
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Economic and financial relations between the European Union and « new » South Africa were characterized by a rapid process 0} normalization following the general elections of27 April 1994. Much more problematic has been the process of negotiating a long term relationship which should result in the implementation of a Eu-South Africa free trade area over a ten year transition period, and a qualified membership of South Africa in the Lome Convention. The analysis 0} current negotiations reveals how the parties' mutual concern for the World Trade Organisation principles is constantly tempered by their equally strong commitment to Systems of regional preferences. At a time when the future of the Lome Convention has become a matter of official discussion by the EU and the ACP states, the revival of regional integration programmes in Southern Africa confers to the negotiations between the EU and South Africa a special value. Indeed, they prefigure as a test on the capacity to integrate the realities of new trade regionalism in euro-African relations.
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Frantziou, Eleni, and Piet Eeckhout. "Brexit and Article 50 TEU: A constitutionalist reading." Common Market Law Review 54, Issue 3 (May 1, 2017): 695–733. http://dx.doi.org/10.54648/cola2017058.
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This article considers the constitutional requirements and implications of Article 50 TEU for the EU. It argues that it is essential to read Article 50 in light of the features of the Treaty of which it forms part together with its drafting context, that of the Convention on the Future of Europe, as well as the substantive protections of EU constitutional law. The article demonstrates that important constitutional constraints are in place in EU law, which can affect the most significant debates in the withdrawal process, namely: the manner in which notification to withdraw from the Union is given; the revocability of a decision to withdraw; and the legal basis and content of the withdrawal agreement. Most importantly, a reading of Article 50 informed by key constitutional features of the EU legal order stipulates clear duties for the EU to respect the UK’s constitutional requirements and to protect, in any eventual agreement, acquired rights for EU citizens in the UK and UK citizens in the EU, by emphasizing the illegality of a non-compliant withdrawal agreement from the EU perspective.
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Morgera, Elisa. "The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test." Cambridge Yearbook of European Legal Studies 16 (2014): 109–42. http://dx.doi.org/10.1017/s1528887000002573.
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AbstractThis chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.
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Crowe, Richard. "The European Budgetary Galaxy." European Constitutional Law Review 13, no. 3 (July 31, 2017): 428–52. http://dx.doi.org/10.1017/s1574019617000219.
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EU budget – Founding vision of budgetary integration – Budget of citizens and not only of states – Corrections, rebates and national net balances – Convention on the Future of Europe – Comprehensible and transparent budget as a prerequisite for democratic legitimacy – Treaty of Lisbon reforms – Post-Lisbon fragmentation leading to a ‘budgetary galaxy’ – Differentiated budgetary integration likely to endure – Final Report of the Monti High Level Group on Own Resources – Necessity for future reforms to take account of the broader galaxy – Return to a citizen-oriented approach – The Union method
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Novitz, Tonia. "The Paradigm of Sustainability in a European Social Context: Collective Participation in Protection of Future Interests?" International Journal of Comparative Labour Law and Industrial Relations 31, Issue 3 (September 1, 2015): 243–62. http://dx.doi.org/10.54648/ijcl2015014.
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The treatment by the European Union (EU) of sustainable development, whether concerning economic, social or environmental protection (or some combination of the three) is normally viewed in the context of EU external relations. The aim of this article, however, is to consider the implications of the EU’s internal commitment to sustainability, as required by Article 3(3) of the Treaty on European Union (TEU), addressing the extent to which this provision is capable of being realized in the social context of labour relations. It is argued that sustainable development is an inherently dynamic process requiring broad-based participatory processes, including collective bargaining by trade unions. However, to fulfil this participatory function, trade unions must be allowed to address and bargain over social policy for the future. Unfortunately, what emerges is the lack of positive support in EU and European Convention on Human Rights (ECHR) case law for workers’ collective voice which looks forward in the way that sustainable development necessitates. This is evident from judicial determinations on the scope of entitlements to participation in information and consultation mechanisms and collective bargaining. It is also apparent from case law concerning the extent of legitimate aims for collective action and the enforceability of dynamic clauses in collective agreements. Further, the outlook for a future policy shift in the EU does not look promising. More needs to be done at European level to promote workers’ collective participation in building sustainable solutions for the future.
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Carvalho, Ana Celeste. "European asylum law. Reality and challenges in the context of immigration." UNIO – EU Law Journal 2 (June 1, 2016): 123–39. http://dx.doi.org/10.21814/unio.2.10.
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The protection of the rights of refugees and asylum seekers has become an important issue in legal discourse. This is primarily due to rising migration levels, precipitated by greater political and economic instability in overseas nation states such as Syria for example, which has been embroiled in a protracted civil war that has left the country in shambles and its people with no hope for the better future. As a result of large-scale migratory movements in the EU space today, it is a major challenge for Member States to comply with the Geneva Convention and EU law concerning the protection of refugees and asylum seekers.
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Gragl, Paul. "A giant leap for European Human Rights? The Final Agreement on the European Unions accession to the European Convention on Human Rights." Common Market Law Review 51, Issue 1 (February 1, 2014): 13–58. http://dx.doi.org/10.54648/cola2014002.
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After the EU's accession to the ECHR has been discussed for more than thirty years, an Accession Agreement has been finalized in 2013. By subjecting EU law to the supervision of the ECtHR and by enabling individuals to submit complaints against the EU institutions to Strasbourg, one of the last gaps in European human rights protection will be overcome. But accession may not take place as swiftly as some may hope for, as many legal problems remain unsolved. This article examines the most urgent legal issues in the context of accession, such as its scope and legal effects; its procedural aspects (the co-respondent mechanism, inter-Party cases, and the prior involvement procedure) and their relation to the Union's legal autonomy; and the institutional interlacing of the EU and the Council of Europe and the former's future involvement in the Parliamentary Assembly and in the Committee of Ministers.
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Pacyna, Jozef M., Oleg Travnikov, Francesco De Simone, Ian M. Hedgecock, Kyrre Sundseth, Elisabeth G. Pacyna, Frits Steenhuisen, Nicola Pirrone, John Munthe, and Karin Kindbom. "Current and future levels of mercury atmospheric pollution on a global scale." Atmospheric Chemistry and Physics 16, no. 19 (October 6, 2016): 12495–511. http://dx.doi.org/10.5194/acp-16-12495-2016.
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Abstract. An assessment of current and future emissions, air concentrations, and atmospheric deposition of mercury worldwide is presented on the basis of results obtained during the performance of the EU GMOS (Global Mercury Observation System) project. Emission estimates for mercury were prepared with the main goal of applying them in models to assess current (2013) and future (2035) air concentrations and atmospheric deposition of this contaminant. The combustion of fossil fuels (mainly coal) for energy and heat production in power plants and in industrial and residential boilers, as well as artisanal and small-scale gold mining, is one of the major anthropogenic sources of Hg emissions to the atmosphere at present. These sources account for about 37 and 25 % of the total anthropogenic Hg emissions globally, estimated to be about 2000 t. Emissions in Asian countries, particularly in China and India, dominate the total emissions of Hg. The current estimates of mercury emissions from natural processes (primary mercury emissions and re-emissions), including mercury depletion events, were estimated to be 5207 t year−1, which represents nearly 70 % of the global mercury emission budget. Oceans are the most important sources (36 %), followed by biomass burning (9 %). A comparison of the 2035 anthropogenic emissions estimated for three different scenarios with current anthropogenic emissions indicates a reduction of these emissions in 2035 up to 85 % for the best-case scenario. Two global chemical transport models (GLEMOS and ECHMERIT) have been used for the evaluation of future mercury pollution levels considering future emission scenarios. Projections of future changes in mercury deposition on a global scale simulated by these models for three anthropogenic emissions scenarios of 2035 indicate a decrease in up to 50 % deposition in the Northern Hemisphere and up to 35 % in Southern Hemisphere for the best-case scenario. The EU GMOS project has proved to be a very important research instrument for supporting the scientific justification for the Minamata Convention and monitoring of the implementation of targets of this convention, as well as the EU Mercury Strategy. This project provided the state of the art with regard to the development of the latest emission inventories for mercury, future emission scenarios, dispersion modelling of atmospheric mercury on a global and regional scale, and source–receptor techniques for mercury emission apportionment on a global scale.
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Lock, Tobias. "The future of the European Union’s accession to the European Convention on Human Rights after Opinion 2/13: is it still possible and is it still desirable?" European Constitutional Law Review 11, no. 2 (September 2015): 239–73. http://dx.doi.org/10.1017/s1574019615000243.
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EU Accession to the European Convention on Human Rights – Hurdles erected by Opinion 2/13 of 18 December 2014 – Analysis of soundness of the ECJ’s reasoning – Discussion of necessary changes to the Draft Accession Agreement – Criticism that not all obstacles can be removed by amending the Draft Agreement – Treaty change may be necessary – Question whether accession is worth it from a human rights perspective under these conditions
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Даминова, Насия, and Nasiya Daminova. "OPINION 2/13 OF THE COURT OF JUSTICE OF THE EUROPEAN UNION: ANALYSIS AND FURTHER PERSPECTIVES OF EUROPEAN UNION ACCESSION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17170.
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This paper is devoted to the legal analysis of CJEU Opinion 2/13 on European Union accession to the European Convention on Human Rights. The article examines the CJEU’s approach to the interpretation of Art. 267 and 344 of the Treaty on the Functioning of the European Union — in the light of Protocol No. 16 to the European Convention on Human Rights, as well as the previous case law of the Court of Justice (Mox Plant and Melki and Abdeli). The conclusions are drawn as to the manner in which Opinion 2/13 develops EU legal order autonomy doctrine and how it affects the future perspectives of EU accession to the European Convention on Human Rights. Firstly, while interpreting the content and purpose of Art. 344 TFEU, the CJEU gives a positive answer to the question as to whether the ECHR compliance system falls within the ambit of this Treaty provision. Secondly, the Court of Justice takes an extremely protective approach in giving its interpretation to the role of preliminary rulings procedure guaranteed by Art. 267 TFEU for the unity and efficiency of European law, making even the legal protection of individuals secondary to these purposes. It is quite probable that the accession will be delayed for an indefinite period of time — due to the likely impossibility of reaching a consensus on a new version of the Draft accession agreement with all members of the Council of Europe (such as Russia, Ukraine and Turkey) in the very near future. At the same time, European Union accession to the European Convention on Human Rights remains a legal duty in accordance with Art. 6 Treaty on the European Union (TEU), Declaration No. 2 on Article 6 (2) TEU and Protocol No. 8 to the Lisbon Treaty.
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Bachiller Méndez, Ignacio, José Luis Fernández-Cavada Labat, and Jaime Martín Juez. "Derechos de emisión temporales procedentes de actividades de forestación y reforestación en el EU ETS." Economía Agraria y Recursos Naturales 7, no. 14 (October 14, 2011): 21. http://dx.doi.org/10.7201/earn.2007.14.02.
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The authors have assessed the regulatory framework set by the UNFCCC (United Nations Frame Convention on Climate Change), the Kyoto Protocol and its Flexible Mechanisms, including the CDM (Clean Development Mechanism), and the EU ETS (European Union Emissions Trading Scheme). After this general overview, the article shows how afforestation and reforestation activities have been incorporated into the CDM process and its current consideration under the EU ETS. Transaction costs of these types of CDM project activities are analyzed, together with the state of the temporary allowances market. Finally, taking into account the above mentioned elements, the authors draw several conclusions on the opportunity and expectations of the future development of this market.
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Klasing, Anneke, Ingmar von Homeyer, Peter Beyer, and Clare Coffey. "The Draft Constitution for Europe and the Environment – The Impact of Institutional Changes, the Reform of the Instruments and the Principle of Subsidiarity." European Energy and Environmental Law Review 13, Issue 7 (July 1, 2004): 218–24. http://dx.doi.org/10.54648/eelr2004027.
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Summary: This article presents an analysis of the draft Treaty as submitted by the Convention on the Future of Europe in July 2003. Issues, which at first sight may not appear closely related to the environment, can, in fact, be expected to have crucial implications for EU environmental policy in the long term. The authors identify potential environmental implications and key opportunities for future improvement and point out some of the most important institutional provisions of the draft European Constitution which are likely to have environmental repercussions and yet could be revised as a result of the ongoing negotiations among Member State governments.
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Benz, Arthur. "The European Union’s Trap of Constitutional Politics: From the Convention Towards the Failure of the Treaty of Lisbon." Constitutional Forum / Forum constitutionnel 17, no. 1, 2 & 3 (July 11, 2011): 2008. http://dx.doi.org/10.21991/c92h3w.
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In a national referendum held on 12 June 2008, 53.4 percent of Irish citizens voted “no” to the Treaty of Lisbon. As its provisions require ratification by all member states, the Irish vote marks a further setback for attempts at consti- tutional reform of the European Union (EU). The Lisbon reform treaty, officially entitled the Treaty of Lisbon amending the Treaty on Euro- pean Union and the Treaty establishing the Eu- ropean Community,1 was signed by the prime ministers and presidents of EU member states in December 2007. It was the result of a pro- cess set in motion by the European Council in a meeting held in Laeken, Belgium in December 2001. Intended to make the “ever closer union” more democratic, and to facilitate the adjust- ment of European institutions to the new po- litical situation brought on by the accession to the EU of Central and Eastern European states, the “Laeken Council” issued a declaration trig- gering efforts to constitutionalize the European Union. To this end, a reform process was ini- tiated involving a body called the Convention on the Future of Europe (Convention), made up of European and member state government representatives and parliamentarians.2 This re- form process resulted in the recommendation in 2003 of a draft Treaty Establishing a Constitu- tion for Europe (Constitutional Treaty),3 which was subsequently approved by the Intergovern- mental Conference and the European Council in Rome in October 2004. Despite several mem- ber states ratifying the Constitutional Treaty, it was rejected by popular referenda in France and the Netherlands in the spring of 2005. At that time, and in view of the obvious risks to ratifi- cation in some other member states, the process of constitutionalization ground to a halt.
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Siriski, Sofija. "The enlargement of the European Union and the challenges of the reform." Medjunarodni problemi 55, no. 1 (2003): 7–24. http://dx.doi.org/10.2298/medjp0301007s.
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The successful conclusion of accession negotiations at the Copenhagen summit on December 13th 2002 means that ten countries will join the European Union in its biggest-ever enlargement. After eastward enlargement, the EU will contain 25 members and nearly half a billion people. The accession treaty will be signed at a special EU summit in Athens on April 16th, 2003. After that, the candidates and member-states will have about a year to ratify the treaty and to joint EU as planned on May 1st, 2004. This enlargement is quite an extraordinary challenge for all the parties involved. For the European Union, it is maybe the most ambitious endeavour in the whole history. The accession of ten new members makes it essential for the EU to reform its institutions, decision-making processes, as well as its policies for agriculture and regional aid. Meanwhile the successive challenge to European Common Foreign and Security Policy have highlighted its weaknesses. Newly formed Convention on the future of Europe is struggling with many fundamental questions and proposed a new constitutional treaty, which described the new European identity. The Convention makes several proposals to reshape Europe's institutions, according to several basic principles: the institution should become more effective - meaning that they have to be able to take decisions more speedily; EU institution tend to be cut off form national political systems and the national parliaments scold therefore become involved in the institutional workings of the EU; it is important to preserve the balance between the institutions dominated governments and the "Community" institutions; the structures of the institutions should be simplified. With just five months before the conclusion of the proceedings, and in parallel to the difficult exercise of drafting the new Constitutional treaty, a major effort is necessary to ensure that the various alternatives are explored, and that a final package can be agreed by a considerable majority of the member states.
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Moskal, Anna. "Mechanizm współpozwania w świetle przystąpienia Unii Europejskiej do Konwencji o ochronie praw człowieka i podstawowych wolności." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 24 (September 24, 2018): 63–75. http://dx.doi.org/10.19195/1733-5779.24.5.
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The co-respondent mechanism in the view of accession of the European Union to the European Convention of Human RightsFor the past seventy years there have been discussions and activities on the accession of the European Union to the European Convention on Human Rights. The ratio of the Union’s accession to the Convention is a need to harmonize the European system of protection of individual rights. There are numerous problems and obstacles to achieve this goal created by the specific, supra-national character of the Union sui generis. It requires the introduction of unique mechanisms and procedures that would allow an international organization such as the EU to become a party to the Convention. One such procedure is provided in art. 3 of the draft agreement, the co-respondent mechanism of the European Union and the Member State in proceedings under the European Court of Human Rights. The purpose of the article is to present the allegations of the Court of Justice, assess their validity and indicate possible future solutions regarding the co-respondent mechanism. After analyzing the European Commission’s request for an opinion on the compliance of the draft agreement with community law, the CJEU considered the draft as incompatible with EU law and listed ten issues that prevented the Union from joining the Convention in the proposed form. Among them, as many as three points refer to the corresponding mechanism and concern in particular the decision on the validity of the conclusions of the Union or a Member State by the Strasbourg Court, accepting joint liability and deciding on the division of responsibility between the Union and the Member State. In the article dogmatic method was used in order to analyze three aforementioned points. Due to the provision of art. 218 par. 11 p. 2 TFEU, the Commission is bound by the opinion of the Court of Justice, and that the presented draft agreement cannot constitute an international agreement allowing for the accession of the Union to the Convention in the proposed form.
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van Zeben, Josephine. "The Role of the EU Charter of Fundamental Rights in Climate Litigation." German Law Journal 22, no. 8 (December 2021): 1499–510. http://dx.doi.org/10.1017/glj.2021.78.
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AbstractClimate litigation has become a permanent fixture in the climate law and policy landscape. Across jurisdictions, climate litigation takes different shapes, with actions based on administrative, civil, or criminal law. An increasing number of cases incorporate human rights, leading to courts inter alia imposing more onerous mitigation obligations on governments and private actors in light of human rights provisions. Several landmark cases in this domain have come from European jurisdictions and have been argued with reference to both the European Convention on Human Rights (ECHR) and the European Union’s Charter of Fundamental Rights. An analysis of case law from the European Member States shows that the emerging picture is one of the Charter playing a secondary role to the ECHR. Based on this jurisprudential analysis, this article reflects on the future role of the Charter in climate litigation, and by extension, in shaping environmental human rights.
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Taghvaee, Vahid Mohamad, Yousef Sharifpour, Hossein Nikbeen, Abdolaziz Yousefi, Hoda Ahmadi, Abdorreza Soleymani, Karim Rasoli, and Maryam Mohebi. "Sustainable Development and Modern Customs: A Review on Customs Conventions of World Customs Organization." Global Trade and Customs Journal 16, Issue 7/8 (July 1, 2021): 363–83. http://dx.doi.org/10.54648/gtcj2021040.
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Members of the World Customs Organization (WCO) do not take up expectedly the customs conventions introduced by the Customs Cooperation Council (CCC). To attract more members, the main question of the study is within which scope, the future customs conventions or amendments thereon should fall. To answer the question, this study investigates the alignment of customs conventions with the goals and pillars of the WCO and the United Nations to discover those goals, ignored by the customs conventions. It investigates the gap between the scope of customs conventions on one hand, and the modern customs and sustainable development, on the other hand. Our findings show that the ignored scopes are: environment, health, and organizational development; and ‘Temporary Admission (Istanbul)’ is the most inclusive and highly-influential WCO convention. Therefore, the CCC is advised to adopt the global customs conventions on these fields, based on the patterning of the ‘Temporary Admission (Istanbul)’. It attracts more members to join the conventions and increases the contribution of the CCC to both the modern customs establishment and sustainable development in the world. Trade law, Environment, EU law, Trade dispute, Arbitration, Dispute settlement, WTO, Export restrictions, Article XX, preferential trade agreement, timber
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Willems, Willem J. H. "Archaeology and Heritage Management in Europe: Trends and Developments." European Journal of Archaeology 1, no. 3 (1998): 293–311. http://dx.doi.org/10.1179/eja.1998.1.3.293.
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The importance of archaeological heritage management in a united Europe has increased in recent years, and the archaeological scene is changing drastically. Causes of this development are, among others, the end of the political division of Europe and the ‘green debate’ with its effects on the way in which the archaeological heritage is being treated. Equally important are the effects of the. Malta Convention and the influence of lawmaking within the EU. This paper discusses recent developments and the need for cooperation at a European level, as well as the various opportunities, tasks and challenges of heritage management in the immediate future.
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Schwarze, Jürgen. "ENLARGEMENT, THE EUROPEAN CONSTITUTION, AND ADMINISTRATIVE LAW." International and Comparative Law Quarterly 53, no. 4 (October 2004): 969–84. http://dx.doi.org/10.1093/iclq/53.4.969.
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The subject of this article is the current state of administrative law in the context of the European integration. It will indicate the prospects for development of administrative law offered by the Convention on the Future of Europe, and its proposed European Constitution, as well as the enlargement of the EU which has taken place. The focus is on rules and general principles of European administrative law. They constitute the main sources of administrative law—written rules as well as unwritten judge-made law, and both the development of these sources and their mutual influence are subjects of the present article.
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Selmayr, Martin. "„One too much“: Europa braucht einen (nicht zwei) Präsidenten – ein Plädoyer für mehr Effizienz, geopolitische Glaubwürdigkeit und demokratische Legitimation an der Spitze der Europäischen Union." integration 44, no. 4 (2021): 318–27. http://dx.doi.org/10.5771/0720-5120-2021-4-318.
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The executive of the European Union (EU) is currently led by two Presidents: the President of the European Commission and the President of the European Council. This double Presidency is the result of a compromise between the supranational and the intergovernmental schools of thoughts at the European Convention 2002/2003. However, in practice, the interplay of the two Presidents and their competencies, which are not always clearly separated by the provisions of the Treaty of Lisbon, occasionally leads to inefficiencies or even conflict in the external representation of the EU. This is why former Commission President Jean-Claude Juncker proposed, on 13 September 2017, to merge the functions of the two Presidents by always electing the President of the Commission as President of the European Council. The article explains the rationale of the Juncker proposal, which has the potential to make the EU easier to understand for its citizens and more efficient geopolitically, while overcoming the artificial distinction between national and European interests in the leadership of the Union. The current debate about the future of the EU and its more effective positioning in global affairs appears to be a good moment to look again at the Juncker proposal, which could be implemented without the need to change the Treaties.
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Daka, Marija. "Refl ections on the Principle of Equal Treatment in EU Law and the Jurisprudence of the Court of Justice of the European Union and the European Convention on Human Rights." Acta Universitatis Sapientiae Legal Studies 9, no. 1 (December 1, 2020): 5–23. http://dx.doi.org/10.47745/ausleg.2020.9.1.01.
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The paper presents some of the most relevant aspects of European nondiscrimination law established th rough European Union law and the European Convention on Human Rights, looking also at the evolution of the norms and milestones of case-law on equal treatment within the two systems. The paper gives an overview of the non-discrimination concept as interpreted by the Court of Justice of the European Union and by the European Court of Human Rights. We examine the similar elements but also give insight into conceptual differences between the two human rights regimes when dealing with equal treatment. The differences mainly stem from the more complex approach taken by EU law although, based on analysed norms, cases, and provisions, the aspects of equal treatment in EU law are largely consistent with the practice of the ECtHR. Lastly, the paper briefl y places the European non-discrimination law within the multi-layered human rights system, giving some food for thought for the future potential this concept brings.
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Pappalardo, Giusy. "Community-Based Processes for Revitalizing Heritage: Questioning Justice in the Experimental Practice of Ecomuseums." Sustainability 12, no. 21 (November 8, 2020): 9270. http://dx.doi.org/10.3390/su12219270.
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Heritage is not only what societies inherit from the past: it is also an opportunity for practicing the principles of sustainability in the making of the future. A community-based approach is pivotal for generating long lasting processes aimed at revitalizing heritage. This assertion has been widely stated in several norms and conventions, such as the 2000 European Landscape Convention and the 2005 European Convention on the Value of Cultural Heritage for Society. Some practices aimed at revitalizing heritage with a community-based approach can be ascribed to the organizational form of the so-called ecomuseums, born in France in the 1970s and today spread worldwide. Ecomuseums soon became a tool for organizing community-based processes aimed at protecting and enhancing heritage in its various facets while promoting local development. However, not every existing ecomuseum is also able to grasp the opportunity of including disadvantaged persons and guaranteeing the right to heritage for all. This paper discusses the innovative elements and criticalities of ecomuseums, questioning how could they target heritage’s enhancement as well as justice simultaneously. This paper gains evidence from an ongoing action-research process and provides policy recommendations for EU southern regions that are now starting to experiment with the practice of ecomuseums, such as Sicily (IT).
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Cortés-Martín, José M. "The Long Walk to Strasbourg: About the Insufficient Judicial Protection in Some Areas of the Common Foreign and Security Policy before the European Union’s Accession to the ECHR." Law & Practice of International Courts and Tribunals 17, no. 2 (August 17, 2018): 393–414. http://dx.doi.org/10.1163/15718034-12341386.
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Abstract It is likely that the European Court of Justice’s (ECJ) objection in Opinion 2/13 regarding the absence of judicial remedies in certain Common Foreign and Security Policy (CFSP) areas can hardly be accommodated in a future revised Accession Project to the European Convention on Human Rights (ECHR). This is basically due to obstacles to proceeding with reform of the EU Treaties or establishing an ECHR reservation clause. However, as a matter of fact, the exact dimension of this problem seems to be quite relative. First of all, this is because recent ECJ case-law is gradually eroding the Court’s lack of competence, in particular, after Rosneft. Next, this is because, in those cases where there is still an absence of effective judicial protection, national courts – as EU ordinary courts – could fill this gap. Finally, this gap could also be filled by creating accountability mechanisms in the area of human rights within the framework of Common Security and Defence Policy (CSDP) missions.
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Lewkowicz, Łukasz. "Polsko-słowacka współpraca transgraniczna w regionie Tatr po 1918 roku." Sprawy Narodowościowe, no. 38 (February 18, 2022): 195–207. http://dx.doi.org/10.11649/sn.2011.015.
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Polish-Slovak Trans-Frontier Cooperation in the Tatra Mountain Region after 1918The aim of this article is to analyse the most significant forms of trans-frontier cooperation in the Polish-Slovak borderland since 1918. The analysis is presented chronologically, divided into stages. Polish-Czechoslovak trans-frontier cooperation is discussed in the first part of the article, including such issues as the original protected common areas, for example the Pieniny Mountains, and the convention on tourism signed in 1925. Between 1945 and 1993, most of the national parks in the Tatra and Sub-Tatra regions were established, and in 1956 a second Polish-Czechoslovak convention on tourism was signed. The last part of the article discusses the Trans-Frontier Union of the Tatra Euroregion as an institutionalised form of Polish-Slovak cooperation today. The latest EU form of institutionalised trans-frontier cooperation, the European Grouping of Territorial Cooperation, is also presented. The Euroregion’s final goal is to be converted into such a grouping in the near future.
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Truxal, Steven. "The ICAO Assembly Resolutions on International Aviation and Climate Change: An Historic Agreement, a Breakthrough Deal and the Cancun Effect." Air and Space Law 36, Issue 3 (June 1, 2011): 217–42. http://dx.doi.org/10.54648/aila2011024.
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In what the International Civil Aviation Organization (ICAO) heralds as a 'historic agreement' and the European Union (EU) calls a 'breakthrough deal', the recent ICAO Assembly Resolutions A37-18 and 19 mark the end of the Assembly Resolution A36-22 'mutual agreement' stalemate on emissions trading, which represents a significant achievement with respect to aviation and climate change. Although Assembly Resolutions A37-18 and 19 are non-binding, the as yet 'aspirational' goals that they set out demonstrate the collective will of the civil aviation industry and ICAO Member States to work together towards the common objective of limiting and reducing the global impact of aviation noise and emissions. The texts of Assembly Resolutions A37-18 and 19 prompt closer analysis vis-à-vis questions of whether ICAO is (still) the appropriate forum for addressing international aviation emissions and on the legitimacy of its manifesto for continuous leadership. ICAO's general approval for use of market-based mechanisms to establish a viable global framework mechanism for aviation emissions is also noteworthy, particularly in the context of the EU's Emissions Trading Scheme (EU ETS), the position of the Convention on International Civil Aviation (the Chicago Convention), and recent legal challenge against inclusion of aviation in the scheme. This article suggests that on emergence from the United Nations Framework Convention on Climate Change (UNFCCC)'s 16th Conference of the Parties (COP-16) in Cancun in December 2010, the ICAO Member States and the aviation sector should feel proud that the spirit of cooperation and sense of success they promoted in the wake of the recent ICAO Assembly Resolutions may have contributed to the most recent progress in the global campaign against climate change: the Cancun Agreements. Thus, this article argues it is foreseeable that the latest progress under the UNFCCC process will have a reverse demonstrative effect on future ICAO dialogue and resolution.
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Zasemkova, O. F. "“Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments." Lex Russica, no. 10 (October 24, 2019): 84–103. http://dx.doi.org/10.17803/1729-5920.2019.155.10.084-103.
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In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.
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Bronckers, Marco. "No Longer Presumed Guilty? The Impact of Fundamental Rights on Certain Dogmas of EU Competition Law." World Competition 34, Issue 4 (December 1, 2011): 535–70. http://dx.doi.org/10.54648/woco2011047.
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That the penalties imposed under European Union (EU) competition law amount to criminal sanctions within the meaning of Article 6 of the European Convention on Human Rights (ECHR) has been settled for some time. Yet whether the entry into force in December 2009 of the Charter on Fundamental Rights (as part of the Lisbon Treaty), and the EU's intended accession to the ECHR, should bring about changes in the operation of EU competition law is a question frequently debated now. Most of that debate has focused on the institutional make-up of competition law enforcement in the EU, notably on whether the European Commission ought to adapt its multiple roles of being simultaneously investigator, prosecutor, adjudicator, and policymaker, its practices relating to dawn raids, etc. This article takes a different tack and calls attention to the potential impact of fundamental rights on certain procedural or even substantive concepts in EU competition law. For many years now, the Commission has used presumptions to ease its administrative burden in bringing competition law cases. These presumptions have weighed heavily on defendant companies. This article submits that such administrative presumptions need to be curtailed in order to avoid conflicts with the fundamental presumption of innocence and the attendant rights of the defence. We will illustrate this thesis by reference to the presumptions inherent in the parental liability for anticompetitive conduct of subsidiaries and in the infringement attributed to the exchange of future price information between competitors.
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Amineh, Mehdi P., and Wina H. J. Crijns-Graus. "Rethinking eu Energy Security Considering Past Trends and Future Prospects." Perspectives on Global Development and Technology 13, no. 5-6 (October 8, 2014): 757–825. http://dx.doi.org/10.1163/15691497-12341326.
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euenergy policy objectives are directed at three highly interdependent areas: energy supply security, competitiveness and decarbonization to prevent climate change. In this paper, we focus on the issue of energy supply security. Security of energy supply for the immediate and medium-term future is a necessary condition in the current context of the global political economy for the survival of the Union and its component member states. Since the Lisbon Treaty entered into force, energy policy no longer comes onto the agenda of the European Commission through the backdoor of the common market, environment and competitiveness. The Treaty created a new legal basis for the internal energy market. However, securing external supplies as well as deciding the energy mix, remain matters of national prerogative, though within the constraints of other parts of eu’s legislation in force. Without a common defense policy, the highly import dependent Union and its members face external instability in the energy rich Arab Middle East and North Africa.Concern about energy security has been triggered by declining European energy production as well as the strain on global demand exerted by newly industrializing economies such as China and India and the Middle East, as well as the political instability in this reserve-rich part of the world. This paper explores the following two topics [1] the current situation and past trends in production, supply, demand and trade in energy in the eu, against the background of major changes in the last half decade and [2] threats to the security of the supply of oil and natural gas from import regions.Fossil fuel import dependence in the eu is expected to continue to increase in the coming two decades. As global trends show, and despite new fields in the Caspian region and the Eastern Mediterranean, conventional fossil oil and gas resources remain concentrated in fewer geopolitically unstable regions and countries (i.e. the Middle East and North Africa (mena) and the Caspian Region (cr) including Russia), while global demand for fossil energy is expected to substantially increase also within the energy rich Gulf countries. This combination directly impacts eu energy supply security. It should be noted that the trend towards higher levels of import dependence was not interrupted when the era of low energy prices, between 1980 and 2003, came to an end.Within the eu itself, domestic resistance to the development of unconventional resources is an obstacle to investment in unconventional sources in this part of the high-income world. This should therefore not put at risk investments in either renewables or alternative sources at home or conventional resources mainly in the Arab-Middle East.The situation is exacerbated by the spread of instability in the Arab-Middle Eastern countries. There are three domestic and geopolitical concerns to be taken into consideration:(1) In the Arab-Middle East, threats to eu energy supply security originate in the domestic regime of these countries. Almost all Arab resource-rich countries belong to a type ofpatrimonial, rentier-type of state-society relation. These regimes rely on rents from the exploitation of energy resources and the way in which rents are distributed.Regimes of this type are being challenged. Their economies show uneven economic development, centralized power structures, corruption and poverty at the bottom of the social hierarchy. The discrimination of females is a major obstacle to the development of the service sector. At present, even the monarchies fear the spread of violent conflict.Offshoots of these consequences have proven to cause civil unrest, exemplified by what optimists have called the ‘Arab Spring.’(2) The second concern is the domestic and global impact of Sovereign Wealth Funds (swfs) managed by Arab patrimonial rentier states. swfs have proven to be an asset in both developing and developed economies due to their ability to buffer the ‘Dutch Disease,’ and to encourage industrialization, economic diversification and eventually the development of civil society. In patrimonial states, however, swfs are affected by corruption and the diversion of funds away from long-term socioeconomic development to luxury consumption by political elites. In fact, Arab swfs underpin the persistence of the Arab patrimonial rentier state system.(3) Finally, the post-Cold War, me and cea geopolitical landscape is shifting. The emergence of China and other Asian economies has increased their presence in the Middle East due to a growing need for energy and the expansion of Asian markets. The recent discovery of energy resources in the us has led to speculation that there will be less us presence in the region. There would be a serious risk to eu energy security if emerging Asian economies were to increase their presence in the Middle East as us interests recede.
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Adams-Prassl, Jeremias. "Article 47 CFR and the effective enforcement of EU labour law: Teeth for paper tigers?" European Labour Law Journal 11, no. 4 (February 20, 2020): 391–402. http://dx.doi.org/10.1177/2031952520905383.
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‘Social rights’, the late Professor Sir Bob Hepple warned in 2007 ‘are like paper tigers, fierce in appearance but missing in tooth and claw.’ This note sets out to explore the potential of the right to an effective remedy in Article 47 of the European Union’s Charter of Fundamental Rights (‘CFR’) in equipping the Union’s social acquis with credible remedies. Article 47 CFR is one of the most-litigated and important Articles in the Charter. At the same time, however, it has received surprisingly little attention in the context of EU employment law. Discussion is structured as follows: section one explores the rise of the principle of effectiveness, from the early case law of the Court of Justice to the Charter’s entry into force in 2009. Section two sketches the powerful potential of Article 47 CFR, highlighting its utility both in tackling domestic obstacles to effective enforcement, and expanding the horizontal applicability of EU employment law. Section three briefly highlights some of the limitations litigants might encounter, including a general emphasis on broad regulatory discretion for Member States, and the difficult of crafting (positive) duties out of (negative) restraints. A brief concluding section turns to EU law more broadly, as well as the European Convention of Human Rights, for inspirations guiding the potential future development of Article 47 CFR.
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Niemivuo, Matti, and Lotta Viikari. "Nordic Cooperation at a Crossroads." Yearbook of Polar Law Online 10, no. 1 (2019): 103–31. http://dx.doi.org/10.1163/22116427_010010007.
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Cooperation among the Nordic countries has been a modest affair since Finland and Sweden joined the EU in 1995. In particular, one can cite the decline in what previously was robust collaboration in law-making. Moreover, no new important conventions have been concluded among the countries in the 2000s.The article argues that Nordic cooperation is at a crossroads. Many external and internal threats urge increased cooperation, such as the crisis in the EU following Brexit, the influx of asylum seekers, increased tension in the Baltic Sea, and the erosion of the Nordic welfare state. The particular threats and opportunities in the Nordic countries’ Arctic regions also signal a need for more intense cooperation. This is easier said than done, however, because the western Nordic states (Denmark, Iceland and Norway) differ in terms of legal system and security policy from the eastern ones (Finland and Sweden). An additional consideration is that Iceland and Norway do not belong to the EU; instead of membership they take part in economic integration as members of the Economic European Area.After an introduction, the article provides a succinct account of the development of Nordic cooperation from before the Second World War to the present day. The third section then goes on to discuss Nordic cooperation in different areas of law and government. This is followed by an analysis of the conventions concluded among the Nordic countries and how well they have functioned. Continuing with a salient and illustrative example, the article goes on to examine and assess the attempts to draft a Nordic Saami Convention, an instrument that would apply to Saami living in Finland, Norway and Sweden.In closing, the article evaluates the future prospects for Nordic cooperation in the form of collaborative law-making and conventions. Both seem to be rather difficult ways forward at the moment. One means for enhancing cooperation would be to improve the exchange of information. Encouraging examples in this regard are the Nordic Lawyers’ Conference, held in August 2017 in Helsinki, and the centenary meeting of the Nordic Federation of Public Administration, organised in 2018 in Iceland. An additional area that may have some potential for furthering cooperation is soft law.
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Simm, G., J. D. Oldham, and M. P. Coffey. "Dairy cows in the future." BSAP Occasional Publication 26, no. 1 (2001): 1–18. http://dx.doi.org/10.1017/s0263967x00033553.
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AbstractIn this paper we discuss the likely future milk production scenarios and breeding and management strategies in the EU in general, and in Britain and Ireland in particular. EU markets for most dairy products are stagnant in volume terms. There is, however, scope for value growth which would emphasise quality and added value, not price. The background scenario is therefore one of sharp commercial focus heavily influenced by consumer demands for quality, not only in physical terms but also in ethical, welfare and aesthetic ones. Future systems of production will need to be in tune with future markets. Perhaps three main sectors can be identified: intensive high output, pasture based systems and niche systems (e.g. organic systems). In each of these options the same questions arise: (i) What kind of cow/breeding strategy is suitable for the sector?, and (ii) What are the management guidelines which will secure efficient, sustainable productivity? In the past, the majority of dairy cattle improvement programmes have focused primarily on improving returns by increasing milk or milk solids yields. Future breeding programmes are likely to pay much greater attention to reducing costs than they have in the past. In pasture-based systems, or niche markets, this may lead to renewed interest in cross breeding to reduce health, re-breeding and replacement costs. In all systems there is likely to be much greater emphasis on traits other than production in selection indexes. Customised indexes will help producers to tailor their selection decisions to their particular markets and production systems. If the differences between future production systems are extreme, it may be cost effective to produce bull evaluations for each of the main systems. New molecular techniques are beginning to assist conventional selection programmes. In the longer term the transfer of genes between strains, breeds or species may be used for agricultural applications. However, it is questionable whether or not this would be acceptable to consumers in the EU. Management issues which will be important in future are exactly the same as they have ever been, dealing with feeding, fertility, health, housing, milking practice, hygiene and pasture management. Nearly all of these interrelate with each other and with breeding strategy. Particular issues in future may include management of robotic milking, loose housing, deliberately extended lactations, organic production systems and extended grazing. Future ‘feeding’ challenges will include optimizing concentrate use for cows of different genetic merit, and finding alternatives to conserved grass. Direct genetic modification of grass and other forages to improve their qualities both as grazed and as conserved material would also be useful. There is also likely to be increased emphasis on feeding cows to improve control of nutrient partition, and on improved feeding of animals in the transition between lactations. Tailoring feeding and management policies to the genetic merit of cows will be a continuing challenge.
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Schratzenstaller, Margit, Alexander Krenek, Danuše Nerudová, and Marian Dobranschi. "EU Taxes for the EU Budget in the Light of Sustainability Orientation – a Survey." Jahrbücher für Nationalökonomie und Statistik 237, no. 3 (September 26, 2017): 163–89. http://dx.doi.org/10.1515/jbnst-2017-1106.
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Abstract EU taxes play a key role in political and economic discussions about the future of the EU own resource system, and their desirability can vary accordingly. It is therefore essential to clearly articulate the goals which are to be achieved by the introduction of this new financing tool. This paper provides a critical review of pros and cons of EU taxes put forward in the literature. Reviewing the conventional fiscal federalism and political economy literature on this topic it can be concluded that there is no convincing (overall) case for funding the EU budget with EU taxes rather than with contributions by Member States which currently make up for the lion’s share of EU own resources. There are, however, some specific issues arising from a sustainability perspective, which could be addressed with the introduction of EU taxes. Departing from a comprehensive concept of sustainability which is based on the economic, the social, the environmental and the cultural/institutional pillar of sustainability, the paper identifies existing sustainability gaps in taxation in the EU. EU taxes if designed accordingly may be suitable instruments to reduce these sustainability gaps and thus to strengthen sustainability-orientation of taxation in the EU.
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Melcher, Martina. "Private International Law and Registered Relationships: An EU Perspective." European Review of Private Law 20, Issue 4 (August 1, 2012): 1075–96. http://dx.doi.org/10.54648/erpl2012065.
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Abstract: Questions relating to same-sex marriages, registered partnerships, and statutory cohabitations are increasingly present in legislature and case law. Since 1989, when Denmark allowed the first same-sex registered partnership, eight European countries have adapted their marriage acts to include same-sex couples, and more than 16 European countries provide rules for same-sex and/or opposite-sex registered partnerships. The European Court of Human Rights had to (re-)interpret the right to marry (Article 12 European Convention on Human Rights (ECHR)), the prohibition of discrimination (Article 14 ECHR), and the right to respect for private and family life (Article 8 ECHR) in the light of the desire of an Austrian same-sex couple to wed. The Court of Justice of the European Union decided that it is direct discrimination to treat a German life partner differently from a married person with regard to a supplementary retirement pension. In this context, the present article focuses on the problem of international non-recognition of registered relationships that have already been validly established in another state. In addition to moral and political considerations, the recognition of foreign registered relationships might be legally required in view of recent case law on human rights and the fundamental freedoms of the EU. In this regard, the adoption and design of a future EU regulation on the law applicable to registered relationships as a well-suited instrument to ensure efficient recognition is discussed. Although non-recognition is not an issue, which is limited to the European Union, an EU perspective is employed throughout the article for reasons of practicability. Résumé:Questions relatives aux mariages homosexuels, aux partenariats enregistrés et aux cohabitations légales sont de plus en plus présentes dans la législation et la jurisprudence. Depuis 1989, lorsque le Danemark a permis le premier partenariat enregistré, huit pays européens ont adapté leur lois de mariage pour y inclure les couples de même sexe, et plus de 16 pays européens ont fourni des régles concernant un partenariat enregistré pour les personnes de même sexe et/ou de sexe opposé. La Cour Européenne des Droits de l'Homme devait (re-)interpréter le droit au mariage (article 12 Convention Européenne des Droits de l'Homme (CEDH)), l'interdiction de discrimination (article 14 CEDH) et le droit au respect de la vie privée et familiale (article 8 CEDH) en vertu d'un couple Autrichien de même sexe qui voulait se marier. La Cour de Justice de l'Union européenne décidait qu'un traitement différent d'un partenariat de vie et d'un mariage quant á une pension de retraite complémentaire peut constituer une discrimination.Dans ce contexte, le présent article élabore le probléme de la non-reconnaissance internationale des partenariats et des mariages homosexuels qui ont déjá été établis valablement dans un autre Etat. Outre les considérations morales et politiques, la reconnaissance de ces relations familiales est probablement meme légalement demandée compte tenu de la jurisprudence récente sur les droits de l'homme et les libertés fondamentales de l'UE. Un réglement de l'UE sur le droit applicable aux relations familiales enregistrées représente un instrument bien adapté pour assurer la reconnaissance et est donc ébauché en plus amples détails. Une perspective européenne est employée pour des raisons de praticabilité, bien que la non-reconnaissance soit un probléme mondial.
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Potemkina, Olga. "REFORM OF THE TREATY ON THE EUROPEAN UNION: IMPLEMENT IMPOSSIBLE ABANDON." Scientific and Analytical Herald of IE RAS 29, no. 5 (October 31, 2022): 26–34. http://dx.doi.org/10.15211/vestnikieran520222634.
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The article addresses the discussions in the European Union that broke out after closing of the Conference on the future of Europe. The author consistently analyzes the positions of the European Parliament, the Council and the Commission, while identifying differences between both EU institutions and Member States. The stumbling block is the prospects for the EU institutional reform, which can be carried out both by changing the Treaty on the European Union and without convening the Convention, but only by applying the «passerelle» clause, which provides an opportunity to move from unanimity to voting by qualified majority in the Council on a number of important issues. The author emphasizes that an additional motivation for the European Parliament to call for cancelling of unanimity was the threat of blocking sanctions against Russia by certain countries. The second part of the article examines the development of European Political Community (EPC), the idea, which was put forward by French President Macron at the end of the Conference. The author argues that the plans to create the EPC as a «light legal structure with decisionmaking powers» are directly related to implementation of institutional reform, namely, unanimity cancelling. Thus, scientific and political discussions are conducted around fundamental directions – the ratio of deepening and expanding European integration.
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Oberhuber, Florian, Christoph Bärenreuter, Michal Krzyżanowski, Heinz Schönbauer, and Ruth Wodak. "Debating the European Constitution." Journal of Language and Politics 4, no. 2 (October 5, 2005): 227–71. http://dx.doi.org/10.1075/jlp.4.2.05obe.
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In this article, we analyze the newspaper coverage of the concluding session of the Intergovernmental Conference (IGC) which took place in Brussels on the 12th and 13th December 2003 and which was the first attempt to reach an agreement on the “Draft Constitutional Treaty” proposed by the European Convention. Placing it in the larger context of EU ‘constitutional’ reform, the media pictured the Brussels Summit and its eventual failure as an event of high symbolic relevance. In a qualitative in-depth discourse analysis, we comparatively investigate how the Summit was represented in 15 newspapers from eight EU countries. Using analytical categories from various key theoretical approaches of Discourse Analysis, the data are analyzed according to three interrelated sets of questions: (1) Which actors are selected in the press coverage, how are they labeled, and what are their main activities? (2) What metaphors, images and topoi are applied for representing and explaining the European Union as a unique political space? (3) How is the Brussels Summit placed in the political and historical context of European integration, who is blamed for its failure and why, and what scenarios for the future are discussed or proposed? Results are presented on two dimensions: firstly, in a case study approach, it is shown how press coverage in each country differs on the level of semantics, thematic structures, and structures of relevance and argumentation. Secondly, a systematic cross-section analysis is carried out and the repertoire of the fundamental representations of EU-rope used in the press is reconstructed.
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Smyth, Ciara. "Is the Right of the Child to Liberty Safeguarded in the Common European Asylum System?" European Journal of Migration and Law 15, no. 2 (2013): 111–36. http://dx.doi.org/10.1163/15718166-12342027.
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Abstract It is well-known and the subject of much criticism that children seeking asylum in many EU Member States are detained, a situation that is facilitated by the detention provisions of key instruments of the Common European Asylum System. Sometimes the detention is said to be justified on the grounds that it is protective detention. But generally, detention of children is regarded as being inimical to the protection and care of children. For this reason, the Convention on the Rights of the Child has developed stringent standards for the detention of minors to ensure that they are protected from detention and, if detained, that they are protected in detention. As negotiations close on the instruments that will make up Phase Two of the Common European Asylum System, this article explores whether the existing and future instruments safeguard the right of the child to liberty.
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van Leeuwen, Judith, and Kristine Kern. "The External Dimension of European Union Marine Governance: Institutional Interplay between the EU and the International Maritime Organization." Global Environmental Politics 13, no. 1 (February 2013): 69–87. http://dx.doi.org/10.1162/glep_a_00154.
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This article focuses on the emergence of a decentralized institutional complex, interplay management, and the institutional interplay between the International Maritime Organization (IMO) and the EU in the issue area of environmental shipping policies. It shows that the synergistic relationship between both institutions has been driven primarily by commitment and compliance mechanisms. By influencing IMO decision-making and improving the implementation and effectiveness of IMO conventions, the EU has become a driving force in international environmental shipping policies, and its new initiatives may even enhance its leadership role within the IMO in the future. Despite the still-existing lack of cognitive leadership by the EU, the synergies between both institutions provide evidence for the EU's leadership capacities in global environmental politics.
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PATBERG, MARKUS. "Challenging the masters of the treaties: Emerging narratives of constituent power in the European Union." Global Constitutionalism 7, no. 2 (June 11, 2018): 263–93. http://dx.doi.org/10.1017/s2045381718000096.
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Abstract:There is a growing sense that if the EU is to avoid disintegration, it needs a constitutional renewal. However, a reform negotiated between executives will hardly revitalise the European project. In light of this, commentators have suggested that the EU needs a democratic refounding on popular initiative. But that is easier said than done. Shaping the EU has been an elite enterprise for decades and it is hard to imagine how things could be otherwise. In this article, I map four public narratives of constituent power in the EU to sketch out potential alternatives. Political actors increasingly call into question the conventional role of the states as the ‘masters of the treaties’ and construct alternative stories as to who should be in charge of EU constitutional politics, how the respective subject came to find itself in that position, and how it should invoke its founding authority in the future. These public narratives represent a promising starting point for a normative theory that outlines a viable and justifiable path for transforming the EU in a bottom-up mode.
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Baker, Philip, and Philip Baker. "BEPS Action 16: The Taxpayers Right to an Effective Legal Remedy Under European Law in Cross-Border Situations." EC Tax Review 25, Issue 5/6 (November 1, 2016): 335–45. http://dx.doi.org/10.54648/ecta2016033.
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This article starts from the reasonable assumption that the implementation of the base erosion and profit shifting (BEPS) project increases legal uncertainty in tax matters. The shift from the isolated and bilateral exercise of taxing jurisdiction to international tax coordination in the framework of the BEPS project is not accompanied by a corresponding global convergence in the exercise of legal remedies, which remain confined to their national boundaries. In line with their previous research, the authors address hereby the right of taxpayers to an effective legal remedy under European tax law, taking into account the dialogue among Courts in respect of legal values contained in national Constitutions of European Union (EU) Member States, the EU Charter of Fundamental Rights and the European Convention on Human Rights. The focus is on the right to an effective legal remedy in cross-border tax procedures, with special emphasis on mutual agreement procedures and mutual assistance. The authors suggest a two-tier mechanism with the involvement of taxpayers and tax authorities, which allows for an effective exercise of the right of defence and does not require major changes in the wording of treaty clauses modelled after Articles 25 and 26 OECD MC. Hopefully, something that other international institutions, including the United Nations, may consider for the future. The authors suggest filling this gap with their proposal for a BEPS Action 16.
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Basedow, Robert. "The European Unions New International Investment Policy: Product of Commission Entrepreneurship or Business Lobbying?" European Foreign Affairs Review 21, Issue 4 (December 1, 2016): 469–91. http://dx.doi.org/10.54648/eerr2016040.
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The article seeks to explain the emergence of the European Union (EU)’s international investment policy since the 1980s. The article develops two competing explanations. It evaluates whether the Commission acted as policy entrepreneur to consolidate the EU’s role in international investment policy or whether European business lobbied for the ‘brusselization’ of international investment policy making to ensure access to ambitious state-of-the-art international investment agreements. The article traces the EU’s involvement in international investment policy through history. It examines policy-making instances, which shaped the EU’s de facto competences in international investment negotiations and its legal competences under European law. It finds that Commission entrepreneurship promoted the EU’s involvement in international investment negotiations and ultimately ensured due to the procedural particularities of the Convention on the Future of Europe the extension of the EU’s legal competences. European business and the Member States did not promote the emergence of the EU’s international investment policy.