scholarly journals Identifying Victims of Human Trafficking at Hotspots by Focusing on People Smuggled to Europe

2017 ◽  
Vol 5 (2) ◽  
pp. 69-80 ◽  
Author(s):  
Matilde Ventrella
Keyword(s):  
European Commission ◽  
Human Trafficking ◽  
Refugee Crisis ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Temporary Protection ◽  
Migrant Smuggling ◽  
Police Forces

Research has shown that smuggling of migrants is associated with human trafficking. Hence, victims of human trafficking amongst smuggled migrants should be identified by EU Member States at hotspots established by the European Commission, to overcome the migrant and refugee crisis. Identified victims should be given a visa and a programme of protection to escape their traffickers. In order to achieve these objectives, research suggests that EU law on migrant smuggling should be amended and the Temporary Protection Directive should be applied to smuggled persons when there is an indication that they may be victims of human trafficking. This approach should be adopted by the EASO in cooperation with police forces investigating smuggling and trafficking at hotspots.

scholarly journals Evaluation of Member State Provisions Addressing Land Policy and Restitution by the European Commission

2021 ◽  
Vol 2 (2) ◽  
pp. 101-125
Author(s):  
Ágoston Korom
Keyword(s):  
Member State ◽  
European Commission ◽  
Agricultural Land ◽  
Land Policy ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Direct Discrimination ◽  
Quality Of Living

The scope of action of EU Member States’ land policies lies at the intersection of positive and negative integration. Therefore, if a Member State restricts the ownership and use of agricultural land, it implies both the legitimate restriction of fundamental freedoms and that it achieves the targets listed under the Common Agricultural Policy (CAP) on improving the quality of living for farmers in keeping with the case law of the Court of Justice of the European Union (CJEU). Despite this, it is worrisome that the EU’s control over negative integration does not allow Member States to create sustainable regulations. In contrast, the EU law leaves it entirely to the Member States to introduce restitution measures vis-à-vis the properties that were confiscated before their accession. The EU’s control prohibits direct discrimination against the citizens of other Member States. Under certain circumstances, according to the European Commission, the general principles of EU law and the provisions of the Charter can help individuals enforce restitution provisions. Bearing this in mind, we analysed the practice of the European Commission, its statements, and procedures against Member States, given that these are based on professional and/or political considerations. We examine the practice of the Commission and the CJEU vis-à-vis a Hungarian legislation on the so-called ‘zsebszerződések’. We also propose recommendations.

The Enforcement of Intra-EU BIT Awards: Micula v Romania and Beyond

2016 ◽  
Vol 17 (6) ◽  
pp. 942-963 ◽  
Author(s):  
Hanno Wehland
Keyword(s):  
European Commission ◽  
Eu Law ◽  
Present Contribution ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The European Commission and a number of EU Member States have long disputed the compatibility of intra-EU BITs with EU law. As illustrated by the Micula v Romania proceedings, where an investor seeks to enforce an intra-EU BIT award, which is seen as being in conflict with EU law, this can raise questions as to the extent to which an enforcing court should take this kind of conflict into account. The present contribution systematically analyses this issue with regard to both ICSID and non-ICSID awards, differentiating between enforcement proceedings within and outside of the EU. It concludes that within the EU even the enforcement of ICSID awards cannot be entirely taken for granted where such enforcement would lead to the violation of a fundamental provision of EU law.

scholarly journals From Temporary Protection to Transit Migration: Responses to Refugee Crises Along the Western Balkan Route

2020 ◽  
Author(s):  
Julija Sardelic
Keyword(s):  
Refugee Crisis ◽  
Eu Law ◽  
Legal Analysis ◽  
European Continent ◽  
Eu Member States ◽  
Temporary Protection ◽  
Transit Migration ◽  
Major Shift ◽  
The Republic ◽  
The Impact

In recent history, the countries along the Western Balkan route faced several refugee crises. In the 1990s refugee crises were the result of the conflicts after the disintegration of the former Socialist Federative Republic of Yugoslavia (SFRY). Between the summer of 2015 and early 2016, the European continent faced another refugee crisis due to the ongoing civil war in Syria. During the 2015/16 refugee crisis, different political leaders, especially in the post-Yugoslav space, claimed that their humanitarian approach towards refugees was based on their previous experience with refugee crises from the 1990s. This paper explores and compares legal and political responses to different refugee crises in the in-between countries along the Western Balkan route: three European Union (EU) Member States (Austria, Slovenia and Croatia) and two EU candidate countries (Serbia and the Republic of Macedonia). In the first part, the paper looks at the impact of the refugee crisis on EU law. It shows how EU law was developed due to the post-Yugoslav refugee crisis (Temporary Protection Directive), but then faced ambivalent application during the 2015/16 refugee crisis. Second, it studies the transformation of national legislation during both refugee crises in the chosen countries. On the basis of the socio-legal analysis of these transformations, the main argument is that there has been a major shift in the ‘management’ of the refugee crises in the countries along the Western Balkan route: while the main approach adopted during the post-Yugoslav refugee crisis was temporary protection, this approach was replaced with a ‘transit migration’ approach during the 2015/16 refugee crisis.

Country of Origin Labelling on the Rise in EU Member States – An Analysis under EU law and the EU’s International Trade Obligations

2017 ◽  
Vol 8 (2) ◽  
pp. 414-423
Author(s):  
Ignacio CARREÑO ◽  
Tobias DOLLE ◽  
Yury ROVNOV
Keyword(s):  
International Trade ◽  
European Commission ◽  
Country Of Origin ◽  
Eu Law ◽  
Trial Period ◽  
Member States ◽  
Milk Products ◽  
Eu Member States ◽  
Potential Impact ◽  
The Eu

AbstractOn 1 January 2017, France started a two-year trial of a mandatory country of origin labelling (hereinafter, COOL) scheme, which requires producers of milk, food containing milk products and food containing meat to provide information on the country of origin of the products. The scheme was introduced through Decree No 2016-1137 (i.e. Décret n° 2016-1137 du 19 août 2016 relatif à l’indication de l’origine du lait et du lait et des viandes utilisés en tant qu’ingrédient,1 hereinafter, the Decree). Before the end of this trial period, France has promised to provide a report to the European Commission (hereinafter, Commission) that would allow it to review consumer patterns and the potential impact on the internal market. In view of the report, the Commission may consider implementing such a scheme in all EU Member States. This article also notes that other EU Member States are introducing their own COOL measures and concludes that, when COOL is being made mandatory, the EU’s international trade obligations must be taken into account by the EU and its Member States.

scholarly journals From Temporary Protection to Transit Migration: Responses to Refugee Crises Along the Western Balkan Route

2020 ◽  
Author(s):  
Julija Sardelic
Keyword(s):  
Refugee Crisis ◽  
Eu Law ◽  
Legal Analysis ◽  
European Continent ◽  
Eu Member States ◽  
Temporary Protection ◽  
Transit Migration ◽  
Major Shift ◽  
The Republic ◽  
The Impact

In recent history, the countries along the Western Balkan route faced several refugee crises. In the 1990s refugee crises were the result of the conflicts after the disintegration of the former Socialist Federative Republic of Yugoslavia (SFRY). Between the summer of 2015 and early 2016, the European continent faced another refugee crisis due to the ongoing civil war in Syria. During the 2015/16 refugee crisis, different political leaders, especially in the post-Yugoslav space, claimed that their humanitarian approach towards refugees was based on their previous experience with refugee crises from the 1990s. This paper explores and compares legal and political responses to different refugee crises in the in-between countries along the Western Balkan route: three European Union (EU) Member States (Austria, Slovenia and Croatia) and two EU candidate countries (Serbia and the Republic of Macedonia). In the first part, the paper looks at the impact of the refugee crisis on EU law. It shows how EU law was developed due to the post-Yugoslav refugee crisis (Temporary Protection Directive), but then faced ambivalent application during the 2015/16 refugee crisis. Second, it studies the transformation of national legislation during both refugee crises in the chosen countries. On the basis of the socio-legal analysis of these transformations, the main argument is that there has been a major shift in the ‘management’ of the refugee crises in the countries along the Western Balkan route: while the main approach adopted during the post-Yugoslav refugee crisis was temporary protection, this approach was replaced with a ‘transit migration’ approach during the 2015/16 refugee crisis.

scholarly journals The Legal Mechanism for the Management of Radioactive Waste and Spent Nuclear Fuel in EU Law

Legal Concept ◽  
2021 ◽  
pp. 39-44
Author(s):  
Yulia Lebedeva ◽  
Keyword(s):  
Radioactive Waste ◽  
European Commission ◽  
Nuclear Fuel ◽  
Spent Nuclear Fuel ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Council Directive ◽  
Legal Mechanism ◽  
The Eu

Introduction: Council Directive 2011/70/Euratom on spent nuclear fuel and radioactive waste, adopted in 2011, has become a legal mechanism for the management of RW and SNF in the EU. The provisions of the Directive have been fully implemented in the regulatory frameworks of the EU Member States, although the EU Member States are at different stages of implementing their RW and SNF management activities. The purpose of the research was the operation of the legal mechanism for the management of RW and SNF within the territory of the EU in the period from 2017 to 2019, as reflected in the Report of the European Commission in 2019. Methods: the methodological framework for the research is a set of methods of scientific knowledge based on dialectical and historical materialism, the methods of logical, system-structural, comparative-legal and information-entropy analysis. Results: the author’s position grounded in the work is based on EU law and the opinions of the competent scientific Russian and foreign community on the creation and operation of a new legal mechanism for the management of radioactive waste and spent nuclear fuel. The 2019 Report of the European Commission reveals the dynamics of improving this legal mechanism and its interaction with the IAEA. Conclusion: as a result of the research, the important role of the legal mechanism and its uniqueness as a legal model for the management of RW and SNF in the EU territory is revealed, which allows adapting the actions of the EU member states on the issue of the management of RW and SNF, to monitor the process by Euratom and the European Commission, to cooperate fruitfully with the IAEA.

scholarly journals Social Aspects of Transnational Corporations’ Activities in the New EU Member States

2012 ◽  
Vol 15 (3) ◽  
pp. 143-156
Author(s):  
Janina Witkowska
Keyword(s):  
Water Resources ◽  
European Commission ◽  
Policy Development ◽  
Water Policy ◽  
Integrated Management ◽  
Local Level ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
European Water

Water resources are among the most valuable resources of the natural environment. The sustainable and integrated management of these resources is the basis of European water policy. Pursuant to the Water Framework Directive, all waters in the European Union should achieve a state considered at least good by the year 2015. Just how this objective can be met continues to be a topic of discussions in some of the Member States. There exist serious problems and delays in performing and implementing the provisions of the Directive in most EU countries. What is more, the state of the water economy in several countries, including Poland, has been criticized by the European Commission. Many challenges stand before European water policy. They require solutions on a global and local level. This article presents current key problems and planned directions for EU water policy development, subjected to analysis and assessment. Note is taken on the newest initiative of the European Commission in the area of water policy, especially the plan for protecting Europe’s water resources—the Blueprint to Safeguard Europe’s Water Resources

Europe’s Cosmopolitan Union

2021 ◽  
pp. 204-226
Author(s):  
Bertjan Wolthuis ◽  
Luigi Corrias
Keyword(s):  
Public Law ◽  
Internal Market ◽  
The Other ◽  
Refugee Crisis ◽  
Eu Law ◽  
Eu Member States ◽  
Cosmopolitan Law ◽  
Migration Law ◽  
Legal Condition ◽  
The Eu

The chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law.

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