scholarly journals Kompetencja instytucji Unii Europejskiej do ustanawiania i kształtowania norm prawa karnego materialnego

2018 ◽  
pp. 107-119
Author(s):  
Georgi Gruew
Keyword(s):  
European Union ◽  
Criminal Law ◽  
European Parliament ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
The Subject ◽  
The Creation ◽  
Principle Of Proportionality ◽  
The Eu

The paper focuses on the competence of the European Parliament and the EU Council to adopt directives in the area of substantive criminal law provided in Articles 83 and 84 of the TFEU, which confirm the earlier ECJ rulings on the subject. The competence granted to those institutions also ensure greater effectives of the adopted directives in combating serious crimes within the European Union. The creation of certain ‘emergency brakes’ and application of the principle of proportionality taking into account the fundamental principles of criminal law systems of individual Member States, has enabled the EU institutions to establish common definitions of most serious crimes.

Politics in the European Union

2014 ◽  
Author(s):  
Ian Bache ◽  
Simon Bulmer ◽  
Stephen George ◽  
Owen Parker
Keyword(s):  
European Union ◽  
International Politics ◽  
Individual Member ◽  
The European Union ◽  
Eurozone Crisis ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Subject ◽  
The Eu

Politics in the European Union examines the theory, history, institutions, and policies of the European Union. The EU is a unique, complex, and ever-changing political entity which continues to shape both international politics and the politics of its individual member states. The text provides a clear analysis of the organization and presents a well-rounded introduction to the subject. Complete and detailed in its coverage, with a consolidated and updated history section, this text weaves together material on key contemporary concerns including the eurozone crisis and the implementation of the Treaty of Lisbon with a thorough consideration of the workings and remit of the EU.

scholarly journals The EU after Brexit: Key Geopolitical and Geo-Economic Challenges

2020 ◽  
pp. 30-44 ◽  
Author(s):  
Petr YAKOVLEV
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
European Council ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Before And After ◽  
Union History ◽  
The Eu

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.

Migration, Social Protection, and the (Re)Production of Inequalities in the European Union

2018 ◽  
pp. 134-153
Author(s):  
Thomas Faist
Keyword(s):  
European Union ◽  
Social Protection ◽  
Social Space ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Cross Border ◽  
High Degree ◽  
Transnational Social Space ◽  
The Eu

Europe, and the European Union in particular, can be conceived as a transnational social space with a high degree of transactions across borders of member states. The question is how efforts to provide social protection for cross-border migrants in the EU reinforce existing inequalities (e.g. between regions or within households), and lead to new types of inequalities (e.g. stratification of labour markets). Social protection in the EU falls predominantly under the purview of individual member states; hence, frictions between different state-operated protection systems and social protection in small groups are particularly apparent in the case of cross-border flows of people and resources. Chapter 5 examines in detail the general social mechanisms operative in cross-border forms of social protection, in particular, exclusion, opportunity hoarding, hierarchization, and exploitation, and also more concrete mechanisms which need to be constructed bottom-up.

scholarly journals Bumpy roads of the posted Europe – Issues of principles of conferral of competences and subsidiarity in the light of the posted workers Directive of the European Parliament and of the Council 2018/957

2020 ◽  
Author(s):  
Maksymilian Kosma Jabłecki
Keyword(s):  
European Parliament ◽  
Policy Coordination ◽  
The European Union ◽  
Political Decision ◽  
Member States ◽  
Provision Of Services ◽  
Subsidiarity Principle ◽  
Illegal Activities ◽  
Principle Of Proportionality ◽  
The Eu

The aim of the study is to analyze if the subsidiarity principle in the context of the law solutions introduced by the Directive of the European Parliament and of the Council 2018/957 amending Directive 96/71 concerning the posting of employees in the framework of the provision of services should be considered justified and proportionate. The arguments presented will show the opinion that the subsidiarity principle is one of the basic rules for conducting economic policy in the European Union. On this basis it will be investigated whether policy powers should be delegated to the lowest possible level of government, close to the citizens concerned by the policy, unless there are undeniable benefits to running it at a higher level in closer policy coordination. It should be considered if the European Commission proposal pursues a purpose other than the declared one and thus violates the principle of proportionality. It will be proved that smart and clear rules are needed that are adapted to the rapidly growing mobility of EU businesses and citizens, which will prevent the progressive loss of competitiveness of the EU market, while accelerating social convergence and preventing illegal activities affecting intra-EU migrant workers.The issues mentioned above and the conclusions may lead, according to the author, to reflection on the importance of the fact, that the division of competences between Member States and the EU institutions is ultimately a political decision that arises in the context of a conflict of interest and indicate that economic analyzes can only provide arguments for or against policy centralization. Furthermore, it should be noted that the integration is a dynamic process and therefore the results of the analysis regarding the justification for the application of the subsidiarity principle may lead to divergent assessments by the Member States, as the conditions of the functioning of economies are rapidly changing.

scholarly journals Die „Methode Barnier“ – Lehren aus der Verhandlungsführung der EU beim Brexit

IG ◽  
2020 ◽  
Vol 43 (2) ◽  
pp. 85-100
Author(s):  
Nicolai von Ondarza
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
European Council ◽  
The European Union ◽  
Member States ◽  
Institutional Approach ◽  
Five Elements ◽  
High Degree ◽  
The Eu

The Brexit negotiations constituted unchartered political and institutional territory for the European Union (EU). This analysis shows how a new institutional approach enabled the EU-27 to present an unusually united front. The “Barnier method” is characterised by five elements: a strong political mandate from the European Council, a single EU negotiator based in the European Commission in the person of Michel Barnier, very close coordination with the Member States and the European Parliament, and a high degree of transparency. Lessons can also be drawn from this for the next phase of the Brexit negotiations and the EU’s relations with other third countries.

scholarly journals The political system of European Union after European Parliament Election of 2019

2019 ◽  
pp. 15-30
Author(s):  
Andrii Martynov
Keyword(s):  
European Union ◽  
European Integration ◽  
Political System ◽  
European Parliament ◽  
The Political ◽  
The European Union ◽  
National Parliaments ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The politics of the European Union are different from other organizations and states due to the unique nature of the EU. The common institutions mix the intergovernmental and supranational aspects of the EU. The EU treaties declare the EU to be based on representative democracy and direct elections take place to the European Parliament. The Parliament, together with the European Council, works for the legislative arm of the EU. The Council is composed of national governments thus representing the intergovernmental nature of the European Union. The central theme of this research is the influence of the European Union Political system the Results of May 2019 European Parliament Election. The EU supranational legislature plays an important role as a producer of legal norms in the process of European integration and parliamentary scrutiny of the activities of the EU executive. The European Parliament, as a representative institution of the European Union, helps to overcome the stereotypical notions of a “Brussels bureaucracy” that limits the sovereignty of EU member states. The European Parliament is a political field of interaction between European optimists and European skeptics. The new composition of the European Parliament presents political forces focused on a different vision of the strategy and tactics of the European integration process. European federalists in the “European People’s Party” and “European Socialists and Democrats” consider the strategic prospect of creating a confederate “United States of Europe”. The Brexit withdrawal from the EU could help the federalists win over European skeptics. Critics of the supranational project of European integration do not have a majority in the new composition of the European Parliament. But they are widely represented in many national parliaments of EU Member States. The conflicting interaction between European liberals and far-right populists is the political backdrop for much debate in the European Parliament. The result of this process is the medium term development vector of the European Union.

scholarly journals Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law

2017 ◽  
Vol 4 (2) ◽  
pp. 247
Author(s):  
Jim Waasdorp ◽  
Aniel Pahladsingh
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Case Law ◽  
The European Union ◽  
Illegal Migration ◽  
Member States ◽  
National Legislation ◽  
Illegal Migrant ◽  
Court Of Justice ◽  
The Eu

At EU-level, the use of substantive criminal law as a response to illegal migration is materialised by both the EU legislator and the Member States individually. EU involvement in criminalizing illegal migration takes place in a twofold manner: directly, through harmonization of national legislations, and indirectly, through the case law of the Court of Justice of the European Union (CJEU). An example of the latter is the case law of the CJEU regarding criminal law sanctions for breaching an entry ban. In 2008 the EU adopted the Return Directive. This directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. To actually effectuate their return, the Return Directive provides for several instruments, inter alia, entry bans. In this article, we will analyse six judgments of the CJEU in the light of crimmigration law and make a distinction between the Member Statesʼ power to classify a breach of an entry ban as an offence and to lay down criminal law sanctions in national legislation, and their power to impose such sanctions.Key notes: Return Directive, entry ban, illegal migrant, criminal law sanctions, crimmigration, expulsion  

scholarly journals Untitled

2006 ◽  
Vol 12 ◽  
pp. 36-41
Author(s):  
Ana Maria Anghelea
Keyword(s):  
European Union ◽  
Maastricht Treaty ◽  
National Identities ◽  
European Identity ◽  
The European Union ◽  
Potential Threat ◽  
Member States ◽  
The Creation ◽  
The Eu

When at the end of the 1980s the EU launched a number of policies aimed to creating a European identity, the member states responded by incorporating into the Maastricht Treaty a clause stating that the European Union should respect the member states’ respective national identities (article F, point1). This reaction, along with the introduction of principle of subsidiary and the rejection of the word “federal”, revealed that many member states considered the creation of a European identity as a potential threat to their own national identities and their citizen’s national loyalties (Hojelid, 2001).

3. Scope of the EU Treaty: laws and lawmaking

2020 ◽  
pp. 53-88
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
European Parliament ◽  
Soft Law ◽  
Democratic Deficit ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Law Making ◽  
The Eu

This chapter examines the lawmaking powers of the European Union (EU) in the context of its Treaties. It explains that the EU has the competence to make law of various types (including secondary legislation, soft law, delegated acts and implementing acts) in a broad range of areas and that the amendments to the lawmaking procedures have affected the institutional balance, giving an increased role to the European Parliament. It discusses the changes made to improve the level of democracy at EU level, to address concerns that EU law-making has a ‘democratic deficit’ and lacks transparency and proportionality. The chapter also considers the different aspects of EU competence, describes the lawmaking process and sources of EU law and also addresses questions concerning the determination of exclusive, shared and concurrent competence, particularly in the context of subsidiarity. Furthermore, it examines the rules on the EU adopting legislation without all Member States participating (closer cooperation).

Autonomous vehicles as a challenge for the transport policy of the European Union

2018 ◽  
pp. 76-95
Author(s):  
Krzysztof Tomaszewski
Keyword(s):  
European Union ◽  
Autonomous Vehicles ◽  
National Level ◽  
Transport Policy ◽  
Transport Sector ◽  
The European Union ◽  
Member States ◽  
Research Findings ◽  
The Subject ◽  
The Eu

The article refers to the phenomenon of autonomous vehicles in the transport policy of the European Union. Their use in practice results in the need to implement new solutions in the fields of technology, law, economics and politics. The European Union is taking various steps to prepare the Member States for an autonomous revolution. The aim of the article is to conceptualise the basic problems that can be investigated in the subject matter of autonomous vehicles as well as to analyse the position and strategy of the European Union towards autonomous transport. The article uses the decision method. Among the research findings, it should be pointed out that the EU as an international organisation is open and prepared to address the challenges posed by the implementation of autonomous transport. It takes effective action to coordinate the application of new solutions at the national level (in the Member States) as well as at the transnational level. In this way, the transport sector has the chance to dynamically develop and maintain its prominent position as a key sector of the EU economy. The implementation of innovative transport solutions is a conditio sine qua non for the future of this sector.

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