scholarly journals IMPLEMENTATION OF BILATERAL AGREEMENTS WITH THE EUROPEAN UNION IN CANADA

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Павел Донцов ◽  
Pavel Dontsov
Keyword(s):  
European Union ◽  
Atomic Energy ◽  
The European Union ◽  
Scientific Cooperation ◽  
Bilateral Agreements ◽  
The Government ◽  
Government Of Canada ◽  
Energy Community ◽  
Domestic Law

International agreements concluded during various historical periods between Canada and the European Union, European communities, as well as acts of domestic law of Canada adopted for the implementation of relevant rules of the international law, are the subject of this research. The aim of the study was to define models for the implementation of bilateral agreements between Canada and the European Union, the forms of their implementation in domestic law, and classification of existing and void agreements. The methodology used in the study includes formal juridical and legal, historical research methods, and the method of comparative law analysis. The author draws the conclusion that Canada concluded bilateral agreements at all stages of the European integration development since the 1959 Treaty between the Government of Canada and the European atomic energy community on cooperation in the peaceful uses of atomic energy and treaties between Canada and the European Economic Community about common and high-quality wheat, concluded in 1962. Currently, there are about 40 bilateral agreements between Canada and the EU (Communities), mainly in the sphere of economic, customs and scientific cooperation, carried out by Canada through “indirect implementation”.

scholarly journals February–May 2018

2018 ◽  
Vol 20 (3) ◽  
pp. 347-353 ◽  
Author(s):  
Frank Cranmer
Keyword(s):  
European Union ◽  
Transition Period ◽  
Fundamental Rights ◽  
Customs Union ◽  
The European Union ◽  
House Of Lords ◽  
Charter Of Fundamental Rights ◽  
The Government ◽  
Domestic Law ◽  
The Eu

On 23 March, the European Council agreed the terms of a Brexit transition period under which the United Kingdom's phased departure will last for 21 months, ending in December 2020. The European Union (Withdrawal) Bill completed its consideration in the House of Lords with Government defeats on several issues, perhaps the most controversial of which were amendments requiring the Government to explore the option of staying in a customs union (by a majority of 123), limiting the ability to use secondary legislation to change existing EU rights after they have been transposed into domestic law (by a majority of 97) and retaining most of the EU Charter of Fundamental Rights on the statute book after Brexit (by a majority of 71).

scholarly journals Brexit, Miller, and the Regulation of Treaty Withdrawal: One Step Forward, Two Steps Back?

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 434-439 ◽  
Author(s):  
Alison L. Young
Keyword(s):  
European Union ◽  
Supreme Court ◽  
International Law ◽  
Intention To Leave ◽  
The European Union ◽  
One Step ◽  
The Government ◽  
General Answer ◽  
Domestic Law ◽  
The Eu

In “the constitutional case of the century,” the U.K. Supreme Court concluded that the Government did not possess the prerogative power to withdraw from the European Union. However, while it may be clear from the decision that legislation was required to empower the Government to notify the European Union of its intention to leave, the scope of the Court's reasoning in Miller is otherwise uncertain. At its broadest, the decision would apply to the withdrawal from any treaty that had created rights for individuals, regardless of whether such a treaty had been implemented into domestic law or not. At its narrowest, it only applies to the EU Treaties, which created a set of arrangements in international law that are so esoteric, they are unique to the European Union. To demonstrate how one judgment can generate such a range of interpretations, this essay unravels the different strands of argument running through the decision and considers the criticisms leveled by scholars. It will argue that whether U.K. law requires legislation to withdraw from a treaty depends upon the extent to which that treaty creates rights in domestic law, the constitutional importance of the legislation incorporating the treaty into U.K. law, and the circumstances in which a legal challenge to the use of the prerogative arises. Miller provides no general answer, merely a series of questions.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

scholarly journals Towards Circular Economy—A Comparative Analysis of the Countries of the European Union

Resources ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 49
Author(s):  
Ewa Mazur-Wierzbicka
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Circular Economy ◽  
Spatial Differentiation ◽  
The European Union ◽  
Main Research ◽  
Eu Countries ◽  
Population Member ◽  
Research Population

There are many studies which implement and assess existing measurement manners and document the progress of entities towards the circular economy (CE) at various levels, or present or propose new possibilities of measurement. The majority of them refer to the micro level. The aim of this paper is to conduct a multidimensional comparative analysis of the implementation of circular economy by EU countries. After an in-depth critical analysis of the literature, CE indicators which were proposed by the European Commission were adopted as a basis. Owing to the research population-Member States of the European Union (EU-28), focusing on the said indicators was declared reasonable in all aspects. The classification of EU countries according to the level of their advancement in the concept of CE was adopted as a main research task. In order to do so, a relevant index of development of circular economy was created (IDCE). This will allow us, inter alia, to trace changes in the spatial differentiation of advancement of the EU countries in implementing CE over the years, to identify CE implementation leaders as well as countries particularly delayed in this regard. The comparative analysis was conducted by means of statistical methods. On the basis of the analyses, it was concluded that among all EU countries, those of the old EU are the most advanced in terms of CE. The analysis confirmed significant rising trends for IDCE only in the case of Belgium and The Netherlands.

Euroatlanske integracije i savremeni izazovi razvojne politike javnog komuniciranja u Bosni i Hercegovini

2017 ◽  
pp. 33-50
Author(s):  
Mirza Mehmedović
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Information Needs ◽  
Political Organization ◽  
Media Policy ◽  
Specific Information ◽  
The European Union ◽  
Public Media ◽  
The Government ◽  
The Many

In the middle of the second decade of the twenty-first century, Bosnia and Herzegovina is at the crossroads of political, economic and cultural revitalization of the society as a country that declarative aims for application of European principles of political organization and the membership in the European Union. On this way there are many open issues that are the result of twenty years of political and economic stagnation or collapse of all elements that should be the foundation for the stabilization of a modern democratic society in Bosnia and Herzegovina. The internal reconstruction of the political system and the revitalisation of the institutions of the government or different holders of political reforms means at the same time the fulfilment of the conditions of accession to Euro-Atlantic integration. The development of a unified media policy in Bosnia and Herzegovina, and the establishment of public media service in accordance with the requirements of the European Union and the interests of all citizens are the top issues among the many current challenges that we have to deal with in the future. But for Bosnia and Herzegovina it is not exclusively the interest of communicational research. It must be necessarily seen in the wider context as a political, cultural and economic issue, because the establishment of a single media/communication system is one of the key requirements for a political compromise, the integration of society and the harmonization of other common (primarily economic) interests for all citizens of Bosnia and Herzegovina. One of the key requirements for defining a unified media policy in Bosnia and Herzegovina is agreeing / reconciliation of all complex (heterogeneous) cultural characteristics, as well as the specific characteristics of modern communication situation in a model that would respond to the specific information needs of citizens and the standards applied by the European Union.

THE EUROPEAN UNION AND ITALY RELATIONS IN THE CONTEXT OF SUPRANATIONAL FISCAL REGULATION

2021 ◽  
pp. 208-221
Author(s):  
Dmitrii О. Mikhalev ◽  
◽  
Egor’ A. Sergeev ◽  
Keyword(s):  
European Union ◽  
Budget Deficit ◽  
Stability And Growth Pact ◽  
The European Union ◽  
Internal Factors ◽  
Growth Pact ◽  
Discretionary Fiscal Policy ◽  
The Government ◽  
The Stability ◽  
The Eu

The article presents a retrospective analysis of relations between the government of Italy and the European Union institutions in the context of supranational fiscal regulation in 2002–2019. The authors analyze the influence of external and internal factors on the state of public finance in Italy, note the reasons that made it difficult to meet the requirements of the Stability and Growth Pact, study the main issues on the agenda in the EU-Italy relations and their evolution. The authors also come to conclusion that unlike the earlier discussions about correcting budget deficit in Italy, current focus of supranational fiscal governance is shifted to preventing it, what challenges the economic sovereignty of Italy and country’s opportunities to conduct a discretionary fiscal policy.

The Oxford Encyclopedia of European Union Politics

2021 ◽  
Keyword(s):  
European Union ◽  
The European Union ◽  
Integration Process ◽  
Court Of Justice ◽  
External Relations ◽  
Foreign Policies ◽  
Decision Making Processes ◽  
Energy Community ◽  
Vital Resource ◽  
The Eu

This encyclopedia offers the most comprehensive and up-to-date resource on the European integration process. Under the editorial directorship of Finn Laursen and associate editors Derek Beach, Roberto Domínguez, Sung-Hoon Park, Sophie Vanhoonacker, and Amy Verdun, the publication brings together peer-reviewed contributions by leading researchers on the European Union as a global actor. Topics include the basic treaties, institutions and policies of the European Union and the previous European Communities, the European Coal and Steel Community, the European Economic Community, and the European Atomic Energy Community. It also includes articles on the various conceptual frameworks and theories that have been developed by political scientists to guide research into the integration process and the policy- and decision-making processes with a focus on the roles of the different institutions, the European Council, the European Commission, the European Parliament, and the Court of Justice of the EU. Additionally, the publication includes articles on the member states as well as external relations and foreign policies of the EU. As a result, the Oxford Encyclopedia of European Union Politics is a vital resource for students, scholars, and policymakers.

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