scholarly journals Testing Liberal Norms: The Public Policy and Public Security Derogations and the Cracks in European Union Citizenship

2013 ◽  
Author(s):  
Theodora Kostakopoulou ◽  
Nuno Ferreira
Keyword(s):  
Public Policy ◽  
European Union ◽  
Public Security ◽  
The Public ◽  
Union Citizenship

The Idea–Expression Dichotomy and its Role in Software-Related Disputes

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
United States ◽  
Public Policy ◽  
European Union ◽  
Software Industry ◽  
Copyright Law ◽  
The Public ◽  
Software Products ◽  
The United Kingdom ◽  
Functional Aspects ◽  
Software Copyright

This chapter examines the idea-expression dichotomy principle and its application in dealing with software copyright infringement disputes. More specifically, it asks to what extent access to ideas or information embedded in the author’s work, as well as the freedom to utilize them, is justified as a matter of copyright law jurisprudence. The chapter first traces the origins of the idea-expression dichotomy and the key milestones in its development, before discussing the arguments for and against it. It also analyses the application of the idea-expression dichotomy in software-related disputes in the United Kingdom, European Union, and United States, with particular focus on functional aspects of software products and services. Finally, it looks at the public policy considerations that stand at the heart of the idea-expression dichotomy principle and their relevance to the software-industry context.

23. Free movement of persons: limitations on grounds of public policy, public security or public health

2020 ◽  
pp. 540-556
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
Public Health ◽  
Public Policy ◽  
European Union ◽  
Free Movement ◽  
Public Security ◽  
Eu Law ◽  
The European Union ◽  
Rule Of Reason ◽  
Free Movement Of Persons ◽  
The Relationship

This chapter examines the European Union (EU) law concerning the free movement of persons and the limitations of this right on grounds of public health, public security, or public policy, including the ‘rule of reason’ and expulsion, refusal of entry or an entry ban due to criminal offences or other personal conduct. It analyses the relationship between the Citizens’ Rights Directive (CRD) (Directive 2004/38/EC) and its relationship with Treaty provisions. It considers the substantive scope of the derogation provisions and the procedural guarantees in the CRD applicable to EU citizens and their family members facing expulsion, refusal of entry or entry bans.

Public Policies

2020 ◽  
pp. 509-525
Author(s):  
Joan Subirats ◽  
Ricard Gomà
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
European Union ◽  
The European Union ◽  
Policy System ◽  
The Public ◽  
Decision Making Processes ◽  
Policy Style ◽  
Over Time ◽  
Operational Aspects

The objective of this chapter is to trace and present the main characteristics of the public policy system in Spain, incorporating policy change over time, as well as the policy style that has characterized its different stages. The transition between Francoism and democracy generated significant continuities and discontinuities both in the decision-making processes and in the actors’ system. The full incorporation into the European Union also involved significant changes in content, processes and networks. Finally, the impacts of the 2007 crisis and the effects of globalization and technological change also generated significant disruptions that will also be incorporated. The chapter will distinguish the conceptual, substantive, and operational aspects of the public policy system in Spain, as well as the main elements of the multilevel government. This aspect is especially complex in the Spanish case, given the combination of Europeanization of policies and the very remarkable regional decentralization generated by 1980.

scholarly journals Covid-19 Using Border Controls to Fight a Pandemic? Reflections From the European Union

2020 ◽  
Vol 2 ◽  
Author(s):  
Elspeth Guild
Keyword(s):  
Public Health ◽  
Public Policy ◽  
European Union ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Cross Border ◽  
Article 9 ◽  
Border Controls ◽  
The Eu

When Covid-19 was acknowledged to have arrived in Europe in February-March 2020, politicians and public health authorities scrabbled to find appropriate and effective responses to the challenges. The EU obligation contained in Article 9 Treaty on the Functioning of the European Union (TFEU) requiring the EU (including the Member States to achieve a common protection on human health, however, seems to have been missing from the responses.) Instead, borders and their control became a site of substantial political debate across Europe as a possible venue for effective measures to limit the spread of the pandemic. While the most invasive Covid-19 measures have been within EU states, lockdown, closure of businesses etc., the cross-border aspects (limitations on cross border movement) have been important. In the European Union this had important consequences for EU law on border controls, in particular free movement of persons and the absence of controls among Schengen states. It also implicated border controls with third countries, including European Free Trade Area (EFTA and Switzerland) all states neighboring the EU, the UK (having left the EU on 1 January 2020) the Western Balkans and Turkey. While EU law distinguishes between Schengen borders where no control takes place on persons, non-Schengen EU borders, where controls take place but are limited to identity checks and border controls with third countries and external borders with third countries (non-EFTA or Swiss) the responses of many Member States and the EU institutions abandoned many aspects of these distinctions. Indeed, the difference between border controls between states (inside Schengen, the EU, EFTA, or outside) and internal restrictions on movement became increasingly blurred. Two approaches—public health and public policy—were applied simultaneously and not always in ways which were mutually coherent, or in any way consistent with the Article 9 TFEU commitment. While the public health approach to movement of persons is based on ensuring identification of those in need of treatment or possibly carrying the disease, providing treatment as quickly as possible or quarantine, the public policy approach is based on refusing entry to persons who are a risk irrespective of what that may mean in terms of propagating the pandemic in neighboring states or states of origin. I will examine here the ways in which the two approaches were applied in the EU from the perspective of EU law on border controls.

scholarly journals Política Externa como Política Pública: o combate ao narcotráfico no governo de Lula da Silva

2020 ◽  
Vol 9 (1) ◽  
pp. 125-146
Author(s):  
Marília Bernardes Closs
Keyword(s):  
Public Policy ◽  
Foreign Policy ◽  
Drug Trafficking ◽  
Foreign Affairs ◽  
Public Security ◽  
The Public ◽  
Politica Publica ◽  
The Government ◽  
Object Of Study ◽  
Drug Traffic

Este artigo tem como objeto de estudo a política externa (PEX) brasileira de combate ao tráfico de drogas executada pelo governo de Lula da Silva. Parte-se da concepção teórico-metodológica de que a PEX é uma política pública – e que portanto a avaliação dessa passa pela sua desagregação. Frente a isso, foram selecionadas algumas agências específicas para a avaliação, como o Ministério das Relações Exteriores, o Ministério da Defesa e o Ministério da Justiça.  Além disso, considera-se que a agenda específica do narcotráfico está inserida no limite entre as temáticas de segurança e defesa, o que traz questões específicas para a construção das policies. Os resultados desta pesquisa mostram que, no que tange ao combate ao tráfico de drogas, as administrações de Lula mantiveram os arranjos institucionais anteriores com a continuidade do paradigma de segurança pública sem a execução do paradigma de segurança cidadã. Em termos de política de defesa, idem. A maior parte das mudanças significativas se deu no âmbito do MRE, com a construção de uma agenda de dessecuritização do combate ao tráfico de drogas – ainda que isto tenha se mantido mais a nível retórico que prático. Concluiu-se, com isso, que não houve a construção de uma estratégia de política externa que integrasse e/ou alinhasse efetivamente as políticas de defesa, a segurança pública e o MRE; além disso, percebeu-se a ausência de diálogo, cooperação ou coordenação efetivo entre as agências. Como consequência, percebeu-se a pouca operacionalidade e a baixa densidade da execução em termos de política externa e política pública.     Abstract: This article has as object of study the Brazilian foreign policy (FP) of fight against the drug traffic executed by the government of Lula da Silva. A theoretical-methodological conception that the FP is a public policy is taken - and that therefore the evaluation of this goes through its disaggregation. As a result, some specific evaluation agencies were selected, such as the Ministry of Foreign Affairs, the Ministry of Defense and the Ministry of Justice. In addition, it is considered that the specific agenda of drug trafficking is inserted in the limit between the themes of security and defense, which brings specific issues for the construction of the policies. The results of this research show that, regarding the fight against drug trafficking, Lula administrations maintained the previous institutional arrangements with the continuity of the public security paradigm without the implementation of the paradigm of citizen security. In terms of defense policy, idem. Most of the significant changes occurred within the scope of the MFA, with the construction of a dessecurizing agenda to combat drug trafficking - although this has remained more rhetorical than practical. We conclude, therefore, that there was no foreign policy strategy that integrated and / or effectively aligned defense policies, public security and MFA; In addition, there was a lack of effective dialogue, cooperation or coordination between agencies. As a consequence, the low operability and the low density of execution in terms of foreign policy and public policy were perceived. Key Words: Foreign Policy; public policy; drug trafficking; Lula da Silva.     Recebido em: março/2019 Aprovado em: janeiro/2020

15. The Europeanization of Member State Policy

2012 ◽  
Author(s):  
Simon Bulmer ◽  
Claudio M. Radaelli
Keyword(s):  
Public Policy ◽  
European Union ◽  
Member State ◽  
Empirical Studies ◽  
Eu Enlargement ◽  
Member States ◽  
The Public ◽  
The Impact ◽  
European Union Member States ◽  
The Eu

This chapter examines the impact of Europeanization upon the public policy functions of European Union member states. It first explains why Europeanization of policy is a hot topic before describing types of Europeanization and characteristic patterns of governance in the EU. It then discusses the dynamics of Europeanization, focusing on the processes involved and the effects produced, and relates these processes and effects to categories of policy in order to map the Europeanization of public policy. It also analyses research considerations with respect to Europeanization and concludes with an assessment of the EU enlargement process as well as suggestions for conducting empirical studies to investigate the EU’s impact on member states.

16. The Europeanization of Member State Policy

2020 ◽  
pp. 377-398
Author(s):  
Claudio M. Radaelli
Keyword(s):  
Public Policy ◽  
European Union ◽  
Domestic Policy ◽  
Regulatory Regime ◽  
The European Union ◽  
The Public ◽  
The Uk ◽  
Causal Theories ◽  
Reverse Gear ◽  
The Eu

How are the policies of the member states affected by their membership of the European Union? What are the concepts and explanations in this field? Can Europeanization be reversed? This chapter examines the effects of the the public policy functions of European Union on domestic policy. It introduces the relevant concepts, and then illustrates types and modes of Europeanization. On balance, we find that the Europeanization processes have not created homogeneity or policy convergence. Rather, the Europeanization effect is differential: it differs by policy area and political system. And there are good theoretical reasons for this, grounded in the causal theories addressing the question how the EU affects domestic policy via adaptational pressure and/or domestic agency. Finally, the chapter explores a question raised by the decision of the UK to leave the EU and in diverse ways by the attempts to de-regulate or reverse the overall domestic burden of EU regulations. These categories of decisions, initiatives, and policies can be called de-Europeanization or Europeanization in reverse gear. We therefore appraise the prospect for significant de-Europeanization. The pressures for de-Europeanization are strong, but the EU regulatory regime is certainly resilient. For sure we have not seen a bonfire of EU regulations, although Europeanization effects can be reduced by withdrawing proposals or by reducing the stringency of implementation requirements.

scholarly journals Problems of Recognition of Foreign Judgments and res judicata in European Union

2021 ◽  
Vol 2 (20) ◽  
pp. 75-83
Author(s):  
Mykolas Kirkutis ◽  
Vigintas Višinskis
Keyword(s):  
Public Policy ◽  
European Union ◽  
Public Order ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Res Judicata ◽  
Recognition And Enforcement ◽  
The Eu

The article examines the problematic aspects of recognition and enforcement of foreign judgments in the European Union in relation to the application of the public policy clause. Analysis of the content of public order also constitutes part of the article. It focuses on the EU law instruments which provide unequal conditions for non-recognition of foreign judgments. The authors discuss if inclusion in the CJEU of the limits on the interpretation of the public order clause is a sufficient guarantee to ensure proper application of the public order clause. Moreover, the authors analyse the principle of res judicata according the EU law.

scholarly journals Testing liberal norms: the public policy and public security derogations and the cracks in European Union citizenship. Working Paper. Legal Studies Research Paper No. 2013-18, University of Warwick

2018 ◽  
Author(s):  
Nuno Ferreira ◽  
Dora Kostakopoulou
Keyword(s):  
European Union ◽  
Executive Power ◽  
European Union Law ◽  
The Public ◽  
Working Paper ◽  
Legal Studies ◽  
National Values ◽  
Union Citizenship ◽  
Community Belonging ◽  
Subsequent Discussion

European Union law has curtailed the traditional discretion Member States have in ordering non-nationals to leave their territory. Although Directive 2004/28 (the Citizenship Directive) has enhanced the system of protection afforded to offending European Union citizens, it still contains a number of cracks that lead to policy incoherence and gaps in rights protection. This is evident in the first rulings on Article 28(3) of Directive 2004/38 concerning the deportation of offending EU citizens. These issues also threaten to transform European Union citizenship from a fundamental status into a thin overlay that, under pressure from national executive power, loses its effect and significance. To be sure, EU citizenship has demonstrated that community belonging does not have to be based on organic-national qualities, cultural commonalities, or individuals' conformity to national values, but the continued deportation of long-term resident Union citizens makes nationality the ultimate determinant of belonging. The subsequent discussion suggests possible remedies and makes recommendations for institutional reform.

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