scholarly journals Constructive Versus Destructive Conflict: Taking Stock of the Recent Constitutional Jurisprudence in the EU

2020 ◽  
pp. 1-25
Author(s):  
Ana BOBIĆ
Keyword(s):  
National Level ◽  
Constructive Conflict ◽  
Correct Function ◽  
Destructive Conflict ◽  
Normative Argument ◽  
Constitutional Pluralism ◽  
Constitutional Jurisprudence ◽  
The Eu

Abstract This article argues that constitutional pluralism is not a theory merely for times of equanimity, but crucially, in times of constitutional conflict. Given that it rests on the premise of regarding law as a dynamic, incrementally developing creature, constitutional conflict is no exceptional event, and represents an important element of the system's functioning. However, this does not mean that every point of conflict necessarily means progress for the pluralist system as a whole: it is possible to distinguish constructive from destructive conflict. In this respect, this piece will put forward a normative argument concerning the limits to which the auto-correct function of constitutional pluralism can stretch. In so doing, this piece will look at the recent jurisprudence of constitutional conflict at the EU and national level to demonstrate the limits of constructive conflict, as well as show how the example of Poland falls into the category of destructive conflict.

scholarly journals Constitutional Pluralism Is Not Dead: An Analysis of Interactions Between Constitutional Courts of Member States and the European Court of Justice

2017 ◽  
Vol 18 (6) ◽  
pp. 1395-1428 ◽  
Author(s):  
Ana Bobić
Keyword(s):  
National Identity ◽  
Eu Law ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
Court Of Justice ◽  
European Court ◽  
Correct Function ◽  
Constitutional Pluralism ◽  
The Eu

The theory of constitutional pluralism as advanced by MacCormick and Walker witnessed immense success in its attempt to explain the relationship between courts of Member States performing constitutional review and the Court of Justice. Despite its success, the theory has often been criticized for its lack of normative prescriptions and legal certainty in resolving the question of the final arbiter in the EU. It is the aim of this Article to address and move beyond these criticisms by introducing and exploring the auto-correct function necessary for the proper and balanced functioning of the pluralist system.The auto-correct has the function of preventing an outbreak of conflict between the constitutional jurisdictions involved—in the EU judicial architecture, an awareness on the part of all the actors involved of the benefits of a pluralist setting results in conflict management and control. The auto-correct function operates as follows: in the EU as we know it, issues prone to constitutional conflict arise regularly, and both the Court of Justice and national constitutional jurisdictions are able, through their respective procedural avenues, to control the extent of the conflict. There are also two legal imperatives driving this dynamic in two opposite directions—the principle of primacy of Union law on the one hand, and the obligation to respect the national identity of Member States on the other.As analyzing judicial behaviour shows, the application of self-restraint and mutual accommodation avoids a clash between parallel sovereignty claims on EU and national levels. In particular, national and EU law interaction demonstrates the existence of in-built conditions for the auto-correct function's application, such as the principle of EU-friendly interpretation in national constitutional law, or the national identity clause in primary EU law. The auto-correct function manifests itself and brings about a balance between the different constitutional orders only through the interaction of parallel claims to sovereignty.

Modernisation of Higher Education – Willful Action or Wishful Thinking? The Case of Bulgaria

2020 ◽  
Vol 8 (3) ◽  
pp. 3-17
Author(s):  
Elena Blagoeva
Keyword(s):  
Higher Education ◽  
Economic Crisis ◽  
Negative Impact ◽  
National Level ◽  
Sustainable Growth ◽  
Research Approach ◽  
Case Study Methodology ◽  
The Impact ◽  
The Eu

The impact of the last global economic crisis (2008) on the European economy put a strain on higher education (HE), yet it also pushed the sector towards intensive reforms and improvements. This paper focuses on the “Strategy for the Development of Higher Education in the Republic of Bulgaria 2014-2020”. With a case study methodology, we explore the strategic endeavours of the Bulgarian government to comply with the European directions and to secure sustainable growth for the HE sector. Our research question is ‘How capable is the Bulgarian HE Strategy to overcome the economic and systemic restraints of Bulgarian higher education?’. Because the development of strategies for HE within the EU is highly contextual, a single qualitative case study was chosen as the research approach. HE institutions are not ivory towers, but subjects to a variety of external and internal forces. Within the EU, this is obviated by the fact that Universities obtain their funds from institutions such as governments, students and their families, donors, as well as EU-level programmes. Therefore, to explore how these pressures interact to affect strategic action on national level, the case method is well suited as it enabled us to study the phenomena thoroughly and deeply. The paper suggests the actions proposed within the Strategy have the potential to overcome the delay, the regional isolation and the negative impact of the economic crisis on the country. Nevertheless, the key elements on which the success or failure of this Strategy hinges are the control mechanisms and the approach to implementation. Shortcomings in these two aspects of strategic actions in HE seem to mark the difference between gaining long-term benefits and merely saving face in front of international institutions.

European experience in transition to circular economy

2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Raw Materials ◽  
Action Plan ◽  
National Level ◽  
The European Union ◽  
Scientific Methods ◽  
European Experience ◽  
General Scientific ◽  
The Eu

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.

Constitutional Pluralism and Transnational Justice

2018 ◽  
Author(s):  
Alec Stone Sweet ◽  
Clare Ryan
Keyword(s):  
National Level ◽  
Legal Order ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Transnational Justice ◽  
Multi Level ◽  
Constitutional Pluralism ◽  
Combined Impact ◽  
Proportionality Principle

In Europe, a cosmopolitan legal order was instantiated through the combined impact of Protocol no. 11 of the ECHR (1998), and the incorporation of the Convention into national legal systems. As a result, two processes—(i) the evolution of constitutional pluralism at the national level; and (ii) the development of rights protection at the transnational level—became causally connected to one another. The first undermined traditional models of domestic orders wherein the notions of constitutional unity and centralized sovereignty reinforced one another. The second process created a multi-level legal system whose effectiveness depends on the extent to which the European Court is able to induce and sustain the cooperation of national courts and officials. The constitutionalization of the proportionality principle, at both the domestic and transnational levels, provided a doctrinal interface for inter-jurisdictional dialogue, and the collective enforcement of the UPR.

scholarly journals The legal street: a scarcity approach to urban open space in mobility transitions

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Brett J. M. Petzer ◽  
Anna J. Wieczorek ◽  
Geert P. J. Verbong
Keyword(s):  
Urban Space ◽  
Open Space ◽  
National Level ◽  
Urban Mobility ◽  
New Approach ◽  
Urban Open Space ◽  
Space Allocation ◽  
Zero Sum ◽  
Lock In ◽  
The Eu

AbstractAn urban mobility transition requires a transition in space allocation, since most mobility modes are dependent on urban open space for circulation and the storage of vehicles. Despite increasing attention to space and spatiality in transitions research, the finite, physical aspects of urban space, and the means by which it is allocated, have not been adequately acknowledged as an influence on mobility transitions. A conceptual framework is introduced to support comparison between cities in terms of the processes by which open space is (re-)distributed between car and bicycle circulatory and regulatory space. This framework distinguishes between regulatory allocation mechanisms and the appropriation practices of actors. Application to cases in Amsterdam, Brussels and Birmingham reveal unique relationships created by the zero-sum nature of urban open space between the dominant automobility mode and subordinate cycling mode. These relationships open up a new approach to forms of lock-in that work in favour of particular mobility modes within the relatively obdurate urban built environment. Empirically, allocation mechanisms that routinise the production of car space at national level within the EU are shown to be far more prevalent than those for bicycle space, highlighting the constraints faced by radical city-level policies aimed at space reallocation.

Adapting the European System of Financial Supervision (ESFS) to the EEA Two-Pillar Structure – A Workable Solution?

2019 ◽  
Vol 16 (5) ◽  
pp. 557-591
Author(s):  
Andri Fannar Bergþórsson
Keyword(s):  
Financial Crisis ◽  
Global Financial Crisis ◽  
National Level ◽  
Financial Supervision ◽  
Member States ◽  
Eu Member States ◽  
European System ◽  
Pillar Structure ◽  
The Global Financial Crisis ◽  
The Eu

In response to the global financial crisis, the European System of Financial Supervision (ESFS) was created in 2010. Supranational bodies were established for different financial sectors to act as supervisors of sorts for national-level supervisors in EU Member States. This article focuses on how the system was adapted to three EFTA States that are not part of the EU but form the internal market along with EU Member States through the EEA Agreement – Iceland, Norway and Lichtenstein (EEA EFTA States). The aim is to clarify how ESFS has been incorporated into the EEA agreement and to discuss whether this a workable solution for the EEA EFTA States that have not transferred their sovereignty by name in the same manner as the EU Member States. One issue is whether the adaptation has gone beyond the limits of the two-pillar structure, as all initiative and work stem from the EU supranational bodies and not the EFTA pillar.

scholarly journals Representation of Slovak Research Information (A Case Study)

Information ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 137
Author(s):  
Danica Zendulková ◽  
Boris Rysuľa ◽  
Andrea Putalová
Keyword(s):  
Social Sciences ◽  
National Level ◽  
Research Data ◽  
Research Information ◽  
Social Sciences And Humanities ◽  
Central Register ◽  
The World ◽  
Mutual Relations ◽  
Analytical Tools ◽  
The Eu

In the light of the increasing importance of the societal impact of research, this article attempts to address the question as to how social sciences and humanities (SSH) research outputs from 2019 are represented in Slovak research portfolios in comparison with those of the EU-28 and the world. The data used for the analysis originate from the R&D SK CRIS and bibliographic Central Register of Publication Activities (CREPČ) national databases, and WoS Core Collection/InCites. The research data were appropriate for the analysis at the time they were structured, on the national level; of high quality and consistency; and covering as many components as possible and in mutual relations. The data resources should enable the research outputs to be assigned to research categories. The analysis prompts the conclusion that social sciences and humanities research outputs in Slovakia in 2019 are appropriately represented and in general show an increasing trend. This can be documented by the proportion represented by the SSH research projects and other entities involved in the overall Slovak research outputs, and even the higher ratio of SSH research publications in comparison with the EU-28 and the world. Recommendations of a technical character include research data management, data quality, and the integration of individual systems and available analytical tools.

scholarly journals Why does the European Right accommodate backsliding states? An analysis of 24 European People’s Party votes (2011–2019)

2021 ◽  
Vol 13 (2) ◽  
pp. 169-187
Author(s):  
Lise Esther Herman ◽  
Julian Hoerner ◽  
Joseph Lacey
Keyword(s):  
National Level ◽  
Eastern European ◽  
People's Party ◽  
Number Of Factors ◽  
European People’S Party ◽  
Democratic Principles ◽  
National Governments ◽  
Fundamental Values ◽  
Over Time ◽  
The Eu

AbstractOver the last decade, the EU’s fundamental values have been under threat at the national level, in particular among several Central and Eastern European states that joined the EU since 2004. During this time, the European People’s Party (EPP) has been criticized for its unwillingness to vote for measures that would sanction the Hungarian Fidesz government, one of its members, in breach of key democratic principles since 2010. In this paper, we seek to understand how cohesive the EPP group has been on fundamental values-related votes, how the position of EPP MEPs on these issues has evolved over time, and what explains intra-EPP disagreement on whether to accommodate fundamental values violators within the EU. To address these questions, we analyse the votes of EPP MEPs across 24 resolutions on the protection of EU fundamental values between 2011 and 2019. Our findings reveal below-average EPP cohesion on these votes, and a sharp increase in the tendency of EPP MEPs to support these resolutions over time. A number of factors explain the disagreements we find. While the EPP’s desire to maintain Fidesz within its ranks is central, this explanation does not offer a comprehensive account of the group’s accommodative behaviour. In particular, we find that ideological factors as well as the strategic interests of national governments at the EU level are central to understanding the positions of EPP MEPs, as well as the evolution of these positions over time. These results further our understanding of the nature of the obstacles to EU sanctions in fundamental values abuse cases, and the role of partisanship in fuelling EU inaction especially.

Adapting environmental conservation legislation for an enlarged European Union: experience from the Habitats Directive

2013 ◽  
Vol 40 (2) ◽  
pp. 97-107 ◽  
Author(s):  
DOUGLAS EVANS ◽  
ANDRÁS DEMETER ◽  
PETER GAJDOŠ ◽  
ĽUBOŠ HALADA
Keyword(s):  
Native Species ◽  
Biological Diversity ◽  
National Level ◽  
Environmental Conservation ◽  
Habitats Directive ◽  
Scientific Support ◽  
Union Experience ◽  
Biodiversity Governance ◽  
The Eu ◽  
Initial Base

SUMMARYThe European Union's (EU's) Habitats Directive includes annexes listing the habitats and species requiring protection. As new countries join the EU these lists need to be amended to remain pertinent. In 2004 and 2007, 12 countries, mostly in central Europe, joined the EU and were asked to propose native species or habitats that required protection; this formed an initial base for negotiations with the European Commission in consultation with the existing member states and with scientific support from the European Topic Centre on Biological Diversity. The 12 countries made 831 proposals, resulting in the addition of 191 species and 33 habitats, and geographical exemptions for eight species. Although the Directive provided definitions, these needed to be supplemented with additional criteria to permit assessments of the proposals. The process involved many actors at both European and national level. This illustrates the development of biodiversity governance and provides potential lessons for future activities, including the need for scientific guidance and the importance of involving all relevant actors.

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada
Keyword(s):  
Waste Water Treatment ◽  
National Level ◽  
State Level ◽  
Detailed Examination ◽  
Deterrent Effect ◽  
Eu Law ◽  
Wide Range ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

Sign in / Sign up

Export Citation Format

Share Document