The Global Reach of EU Law

2019 ◽  
pp. 21-63
Author(s):  
Joanne Scott
Keyword(s):  
Environmental Law ◽  
Environmental Problems ◽  
Eu Law ◽  
Eu Regulation ◽  
The Relationship ◽  
Different Levels ◽  
The Eu ◽  
Global Reach ◽  
At Home

This chapter explores the mechanisms that enable the EU to extend the global reach of its laws. These include extraterritoriality, territorial extension and the ‘Brussels Effect’. It offers multiple examples of territorial extension operating at different levels and considers the relationship between territorial extension and the Brussels Effect. The second part of the chapter includes a case study on territorial extension in EU environmental law. While it is increasingly accepted that the ‘effects’ doctrine may be invoked to regulate foreign conduct that entails significant effects at home, this chapter considers whether the concept of complicity may help to justify EU regulation that seeks to address environmental problems that are manifested outside the EU.

scholarly journals Equal Pay and EU Public Procurement Law – Case Study of Mandatory Icelandic ÍST85 Standard

2021 ◽  
Vol 4 (1) ◽  
pp. 1-24
Author(s):  
Marta Andhov ◽  
Bergþór Bergsson
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Internal Market ◽  
Market Analysis ◽  
Eu Law ◽  
Equal Pay ◽  
Eu Member States ◽  
The Relationship ◽  
The Eu

 From 2018, it became mandatory to obtain the Icelandic Equal Pay Standard (ÍST85) for all companies with 25+ employees annually operating on the Icelandic market. It has been unclear to what extent – if any – the ÍST85 can be applied in public procurements. This article analyses whether the ÍST85 is compliant with the relevant European Union internal market law, particularly public procurement law. The growing intensity of nudges to include and verify social elements in public procurements can be observed throughout the EU. The analysis of the Islandic case study bears relevance as it can be applied to the EU Member States and other EEA/EFTA States, contemplating similar approaches in their procurements. Section 1 introduces ÍST85. Section 2 analyses the relationship between EEA and EU law, showcasing that this article's analytical outcomes provide lessons applicable beyond Iceland. Section 3 examines how equal pay is regulated under EU law. Section 4 conducts an internal market analysis of ÍST85 compliance by examining the Treaties provisions on free movement. Section 5 introduces the EU public procurement law and examines ÍST85 compliance with Directive 2014/24/EU. Section 6 tests the application of ÍST85 to the Posted Workers Directive. Section 7 concludes the article. 

Extending the Reach of EU Law

2019 ◽  
pp. 64-111 ◽  
Author(s):  
Marise Cremona
Keyword(s):  
Foreign Policy ◽  
External Action ◽  
Three Dimensions ◽  
Eu Law ◽  
Legal Norms ◽  
External Relations ◽  
Wide Range ◽  
External Power ◽  
The Relationship ◽  
The Eu

This chapter explores the ways in which the EU uses its external relations powers and its wide range of external instruments to extend the reach of EU law, and the ways in which law shapes the EU’s external action. It examines three dimensions of the relationship between law and external action: first, the role law plays in the construction of the EU’s international presence as a ‘Union of values’; second, the use of law by the EU as a way of conducting its foreign policy and constructing its relationships; third, the EU as a regulatory actor engaged in shaping, importing and promoting international legal norms. These dynamics illustrate different aspects of the notion of the global reach of EU law and in so doing they raise questions about the ambivalent role that law plays in these processes, challenging our understanding of law as the foundation of the EU’s external power and the instrument through which, and in accordance with which, it expresses that power.

6. The European Union and the environment

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Standards ◽  
Eu Law ◽  
The European Union ◽  
Law And Policy ◽  
The Impact ◽  
Different Sources ◽  
The Eu

This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.

3. The relationship between European Union and United Kingdom competition law

2019 ◽  
pp. 57-75
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
National Competition ◽  
Current Interaction ◽  
Article 50 ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.

9. EU law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Maastricht Treaty ◽  
Eu Law ◽  
The European Union ◽  
Legislative Power ◽  
Treaty Of Amsterdam ◽  
The Relationship ◽  
Direct Applicability ◽  
The Eu

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts.

Reading the Tea Leaves: The Polish Constitutional Tribunal and the Preliminary Ruling Procedure

2015 ◽  
Vol 16 (6) ◽  
pp. 1543-1568
Author(s):  
Aleksandra Kustra
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Tea Leaves ◽  
National Courts ◽  
Legal Provisions ◽  
Constitutional Tribunal ◽  
The Relationship ◽  
The Eu

The main purpose of the preliminary ruling procedure is to prevent divergences in judicial decisions applying European Union (EU) law and to ensure the uniform interpretation of EU legal provisions across Member States. The procedure, introduced in the Founding Treaties, has provided a platform for the Court of Justice of the European Union (hereafter, the ECJ or the CJEU) to deliver seminal judgments that have progressively defined the relationship between national and EU legal systems, among others. The procedure has also helped the ECJ to develop fundamental principles of EU law, including direct effect, indirect effect (i.e., the interpretation of national law in line with directives) and primacy. Being one of the most important aspects of the EU judicial system, the procedure provided by Article 267 of the Treaty on the Functioning of the European Union (hereafter, TFEU) has had an immense impact on the harmonious development of EU law and the way in which national courts and EU courts interact and communicate.

EU Law (MiFID II) and effective regulation: a step towards financial stability?

2019 ◽  
Vol 26 (6) ◽  
pp. 833-848
Author(s):  
Mariia Domina Repiquet
Keyword(s):  
Financial Markets ◽  
Financial Stability ◽  
Financial Regulation ◽  
Duty Of Care ◽  
Eu Law ◽  
Systemic Risks ◽  
Two Sides ◽  
The Eu

This article examines to what extent EU law is effective in preserving global financial stability and, therefore, preventing financial crisis. A difference between macro- and micro-approaches to financial regulation is explained. Whilst the former is concerned with the minimization of systemic risks and maintaining of the financial stability, the latter is focused on the effective regulation of all financial markets’ players, whatever the size of their portfolios. These approaches are the two sides of the same coin, that is limiting the possibility that future financial crises will occur. This paper argues that the effective regulation of investment firms, especially their duty of care, helps to preserve overall financial stability. The choice of the MiFID II as a case study is explained by its appreciation as one of the biggest achievements of EU policymakers in the context of financial law so far. How does a duty to ‘know your customer’ affect global financial stability within the EU? What is the role of soft law in preserving the financial system? These are the questions that this paper seeks to answer.

The Relationship between the EU and Member States in Constitutional Case Law: A Comparison between Western and Eastern Europe

2008 ◽  
Vol 10 ◽  
pp. 189-198
Author(s):  
Constance Grewe
Keyword(s):  
Turning Point ◽  
Case Law ◽  
Eastern European ◽  
European Law ◽  
Eu Law ◽  
Constitutional Courts ◽  
Member States ◽  
The Relationship ◽  
Constitutional Identity ◽  
The Eu

It is indeed a crucial moment now that Central and Eastern European (CEE) countries have begun to join the EU. The Maastricht Treaty was itself, in several respects, a turning point in European construction; Member States then became aware of the increasing influence of EU law and started to defend their autonomy against the ‘attacks’ stemming from it. With the accession of the CEE states, the ‘Solange story: a story about national constitutional courts resisting a straightforward surrender of national legal sovereignties, and insisting on their own role as guardians of any further transfer of powers from the national to the European level’, can now enter into ‘its chapter 3’. National or constitutional identity is the main arm of resistance, and these national reactions require a rethinking of the relationship between national and European law.

The Relation between the Charter's Fundamental Rights and the Unwritten General Principles of EU Law: Good Administration as the Test Case

2013 ◽  
Vol 9 (1) ◽  
pp. 73-101 ◽  
Author(s):  
Herwig C.H. Hofmann ◽  
C. Mihaescu
Keyword(s):  
Legal System ◽  
Fundamental Rights ◽  
Test Case ◽  
Eu Law ◽  
Multiple Sources ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
The Right ◽  
The Eu

Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights in the EU legal system – Non-hierarchical, pluralistic understanding of their interrelationship – Case study: the right to good administration – Difficulties in defining the scope of the right to good administration under the Charter and that of the right to good administration as a general principle of EU law – Adoption of a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual's rights in the EU legal system

scholarly journals THE EUROPEANIZATION OF THIRD COUNTRY JUDICIARIES THROUGH THE APPLICATION OF THE EU ACQUIS: THE CASES OF RUSSIA AND UKRAINE

2011 ◽  
Vol 60 (2) ◽  
pp. 325-353 ◽  
Author(s):  
Roman Petrov ◽  
Paul Kalinichenko
Keyword(s):  
Similar Pattern ◽  
External Factors ◽  
Financial Assistance ◽  
Soft Law ◽  
Eu Law ◽  
Favourable Attitude ◽  
Eu Policies ◽  
The Eu ◽  
Third Country Nationals

AbstractThe aim of this article is to look at the phenomenon of Europeanization of judiciaries of third countries through the prism of EU external policy. It is argued that external factors (objectives of EU external policies, EU soft law, EU technical and financial assistance, favourable interpretation of EU law by the ECJ towards third country nationals) play important role in persuading third country judiciaries to apply the EU acquis in their judgments. The similar pattern can be envisaged with regard to Russia and Ukraine. Case study shows that EU policies towards these countries led to generally favourable attitude towards applying the EU acquis by Russian and Ukrainian courts, though mainly as a persuasive source of law. However, problems linked to effectiveness, independence and fight with corruption hinder further Europeanization of judiciaries in Russia and Ukraine.

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