scholarly journals Efforts to Ban the Routine Tail Docking of Pigs and to Give Pigs Enrichment Materials via EU Law: Where do We Stand a Quarter of a Century on?

Animals ◽  
2019 ◽  
Vol 9 (4) ◽  
pp. 132 ◽  
Author(s):  
Elena Nalon ◽  
Nancy De Briyne
Keyword(s):  
European Commission ◽  
Decision Makers ◽  
Future Scenarios ◽  
Action Plans ◽  
Eu Law ◽  
Member States ◽  
Corrective Measure ◽  
Current State ◽  
Tail Docking ◽  
The Eu

In its role as guardian of the Treaties, the European Commission must ensure that Member States enforce EU law within their territories. If adequate enforcement is found to be wanting, the Commission also has the power to take infringement procedures as a corrective measure. The case of Directive 120/2008/EC on the protection of pigs is problematic, as only a few Member States are respecting the ban on routine tail docking, whilst not all pigs are given (adequate) enrichment materials. Twenty-five years after the first EU-wide legal ban on routine tail docking came into force, we are faced with an unprecedented situation that may lead to infringement procedures against more than 20 Member States. This paper describes the various steps that led to the development of the EU law designed specifically to safeguard the welfare of pigs. It lists the numerous efforts (research studies, study visits, recommendations, audits, reports, factsheets, action plans, etc.), undertaken by European decision makers to assist Member States in their efforts to better implement and enforce the relevant rules. Finally, the paper further analyses the current state of play and presents a reflection on possible future scenarios.

21. Mergers (2): EU law

2021 ◽  
pp. 871-958
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
European Commission ◽  
Judicial Review ◽  
Merger Control ◽  
Eu Law ◽  
Member States ◽  
Eu Merger Control ◽  
Merger Regulation ◽  
National Competition ◽  
Control Section ◽  
The Eu

This chapter examines EU merger control. The chapter is organized as follows. Section 2 provides an overview of EU merger control. Section 3 discusses the jurisdictional rules which determine whether a particular merger should be investigated by the European Commission in Brussels or by the national competition authorities (‘the NCAs’) of the Member States. Section 4 deals with the procedural considerations such as the mandatory pre-notification to the Commission of mergers that have a Union dimension and the timetable within which the Commission must operate. Section 5 discusses the substantive analysis of mergers under the EU Merger Regulation (EUMR), and section 6 explains the procedure whereby the Commission may authorise a merger on the basis of commitments, often referred to as remedies, offered by the parties to address its competition concerns. The subsequent sections describe the Commission’s powers of investigation and enforcement, judicial review of Commission decisions by the EU Courts and cooperation between the Commission and other competition authorities, both within and outside the EU. The chapter concludes with an examination of how the EUMR merger control provisions work in practice.

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 A Note on the Current State of Legislative Plant Pest Protection in EU Law

2019 ◽  
Vol 8 (2) ◽  
pp. 17-20
Author(s):  
Martin Illáš
Keyword(s):  
Geographical Indications ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
Council Directive ◽  
Plant Pest ◽  
Short Time ◽  
The Eu

AbstractThe current developments in the European legislative protection against the introduction of plant pests is problematic in terms of its quality and in relation of the EU law to the law of EU Member States. The quality of this legislation is significant by non-uniform wording used in Directive 2019/523 and in Council Directive 2000/29/EC, especially in geographical indications, names of taxonomic units of organisms and listing of requirements, conditions, states, plants, plant products and organisms. Another problematic phenomenon of the uncertainty of the EU Member states caused by very slow European law-making process regarding to adoption of implementing regulations, which needed to enter into force on December 14th 2019 based on Regulation 2016/2031 repealing the present legislation in plant pest protection covered by seven older directives. Despite of this fact, the EU amended simultaneously this older legislation only a very short time before the date of repealing.

scholarly journals Positioning of the concept of corporate restructuring in the EU member-states and its approval by the auditor

2021 ◽  
pp. 131-151
Author(s):  
Olga Nikolaevna Sinkina
Keyword(s):  
European Commission ◽  
Legal Regulation ◽  
Corporate Management ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
The Subject ◽  
Definition Of ◽  
The Eu

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor’s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.

Implementacja polityk unijnych w Polsce i pozostałych krajach członkowskich, z perspektywy kryzysu w UE

2015 ◽  
pp. 70-89
Author(s):  
Renata Mieńkowska
Keyword(s):  
Member State ◽  
Economic Crisis ◽  
Decision Makers ◽  
Eu Law ◽  
Member States ◽  
Implementation Challenges ◽  
Eu Member States ◽  
Eu Policies ◽  
The Eu

In the article the author analyses the most important challenges of implementation of the EU policies in the member states during the EU economic crisis. The main aspects analysed in the article are: major problems faced by the EU member states in the context of the crisis regarding implementation of the EU law, changes in the mechanisms of implementation, challenges for the Eurozone in a time of crisis, comitology procedures and their meaning during the crisis. The article contains recommendations regarding implementation of the EU law for decision-makers on both the EU and member state levels.

Infringement Proceedings

2017 ◽  
Author(s):  
Laurence W Gormley
Keyword(s):  
European Commission ◽  
Eu Law ◽  
Member States ◽  
Classic Method ◽  
The Eu

This chapter considers whether infringement proceedings can be used for the enforcement of the Union’s values, and whether a concept of systematic infringements would be possible or desirable. It first sets the stage for discussion by providing some observations on infringement proceedings and how they work. Infringement proceedings have long been an important weapon in ensuring that EU law is properly applied and respected in the Member States of the EU. They are the classic method of supervision of the European Commission, yet they are also fraught with weaknesses, which the chapter enumerates in more depth. The chapter also considers the likelihood of the Commission acting via the infringement proceedings route in relation to Article 2 TEU.

scholarly journals Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law

2015 ◽  
Vol 8 (12) ◽  
pp. 79-98
Author(s):  
Anna Piszcz
Keyword(s):  
European Commission ◽  
Competition Law ◽  
Decision Makers ◽  
Private Enforcement ◽  
Antitrust Enforcement ◽  
Member States ◽  
European Approach ◽  
National Courts ◽  
Eu Competition Law ◽  
The Eu

On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States. In particular, a draft Damages Directive was proposed in order to meet the need for a sound European approach to private enforcement of EU competition law in damages actions. The Damages Directive was ultimately adopted on 26 November 2014. This paper explores some aspects of private antitrust enforcement which have not received sufficient attention from the EU decision-makers during the long preparatory and legislative works preceding the Directive. The paper discusses also some of the remedies that have not been harmonised, and shows how these ‘gaps’ in harmonisation may limit the Directive’s expected influence on both the thinking and practice of private antitrust enforcement in Europe. It is argued in conclusion that further harmonisation may be needed in order to actually transform private enforcement of EU competition law before national courts

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 Member States’ Compliance with EU Law in 2018 in the Field of Internal Market

2018 ◽  
Vol 22 (36) ◽  
pp. 15-40 ◽  
Author(s):  
Daniel Berlingher
Keyword(s):  
European Commission ◽  
Annual Report ◽  
Internal Market ◽  
Legal Order ◽  
Eu Law ◽  
Member States ◽  
Complex Process ◽  
Present Text ◽  
The Eu

Abstract The present text is dedicated to analysing the situation of Member States’ compliance with EU law in the field of Internal Market because it is one of the most important aspects of the process of European consolidation. In the introductory part we presented the central role of the European Commission because it is the institution that monitors the implementation of the EU law in the national legal order of each Member State. At the centre of our analysis is the 2017 Annual Report of the European Commission. Here we presented in a schematic manner the European norms that the Member States had to implement in their legal order in 2017. We concluded our research by presenting the evolution of this complex process with reference to the data furnished by the Single Market Scoreboard. The situation did not know a significant improvement in the process of Member States’ compliance with EU law. We can see that things evolved but we consider that this evolution could have been better if Member States would have dedicated more attention to this process.

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.

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