Suchergebnisse

How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? Through a close analysis of three case studies (sports, the legal profession, and standard-setting) this book studies how internal market law is used as a control mechanism over private regulators

How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? Through a close analysis of three case studies (sports, the legal profession, and standard-setting) this book studies how internal market law is used as a control mechanism over private regulators

The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states' preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court's case law. If rulings have constitutional status, their impact is considerable, even if the Court only occasionally diverts from member states' preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court's development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union and its member states, undermining the legitimacy of this political order.

Preliminary Material /E. Guild and P. Minderhoud -- Introduction: Migration And Law In Europe /Kees Groenendijk -- Citizenship In Motion: The Development Of The Freedom Of Movement For Citizens In The Case-Law Of The Court Of Justice Of The European Union /Jonathan Tomkin -- EU Free Movement Of Persons And Member States' Solidarity Systems: Searching For A Balance /Herwig Verschueren -- The Privileged Treatment Of Turkish Nationals /Denis Martin -- Has Europeanization Silenced Criticism On Intergovernmental External Border Cooperation? /Helen Oosterom-Staples -- The EU Acquis On Irregular Migration Ten Years On: Still Reinforcing Security At The Expense Of Rights? /Ryszard Cholewinski -- The Good, The Bad And The Ugly In EU Migration Law: Is The European Parliament Becoming Bad And Ugly? (The Adoption Of Directive 2008/115: The Returns Directive) /Diego Acosta Arcarazo -- Detention Of Foreigners /Galina Cornelisse -- The Impact Of The Treaty Of Lisbon Over EU Policies On Migration, Asylum And Borders: The Struggles Over The Ownership Of The Stockholm Programme /Sergio Carrera -- Common EU Standards On Asylum – Optional Harmonisation And Exclusive Procedures? /Jens Vedsted-Hansen -- The Externalisation Of European Migration Control And The Reach Of International Refugee Law /T. Gammeltoft-Hansen -- The Long-Term Residents Directive: A Fulfilment Of The Tampere Objective Of Near-Equality? /Louise Halleskov Storgaard -- Love Thy Neighbour: Family Reunification And The Rights Of Insiders /Betty De Hart -- An Ideal Husband? Marriages Of Convenience, Moral Gate-Keeping And Immigration To The United Kingdom /Helena Wray -- Effective Remedies For Third Country Nationals In EU Law: Justice Accessible To All? /Evelien Brouwer -- Access To An Effective Remedy Before A Court Or Tribunal In Asylum Cases /Marcelle Reneman -- Immigration, Asylum And The European Union Charter Of Fundamental Rights /Steve Peers -- Appendix /E. Guild and P. Minderhoud -- List of Contributors /E. Guild and P. Minderhoud -- Index /E. Guild and P. Minderhoud.

Purpose: This article aims to develop models of consumers' purchasing behaviors from the third countries on European Union food market and verify these models using statistical tools. The models were developed considering the socio-demographic characteristics of consumers, geopolitical determinants, purchase decision determinants, including the economic, marketing, socio-cultural, psychological, and regional ones, and the risk accompanying purchase decisions. Design/Methodology/Approach: The models were developed based on face-to-face interviews conducted by the author in the years 2012-2016, among 1,022 Russians purchasing goods on the EU border market. Logistic regression was used to determine relationships between multiple independent variables and the dependent variable. The model was verified using a multivariate analysis of the factors determining these behaviors and scoring methods. Findings: The marketing, psychological, economic, socio-cultural, and regional factors had the most significant impact in the model determining the determinants of purchasing food for one's own needs. In turn, professional inactivity, LBT, the possibility of transporting goods across the border, and the average monthly income per person in a household had the most significant impact in the model determining the determinants of food purchase for sale. Practical implications: The practical possibilities of using such analyses are essential for designing the conditions for cross-border cooperation and its implementation and the EU setting the rules for the operation of local border traffic between the EU and third countries. Originality/Value: The conducted identification and analysis of the critical determinants of the purchase of food goods by Russian consumers on the Polish market may be a reference point for the behaviors of consumers from third countries on the EU markets and the establishment of the law and rules governing the transport of goods across the border in the context of the local border traffic and the Schengen area. ; peer-reviewed

"The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally."--Bloomsbury Publishing

It is not just since the crisis of the COVID-19 pandemic that the need for solidarity has become a commonly heard diagnosis – particularly in the European Union: But what exactly is meant by it and why is such importance attributed to it? In light of this status quo, this dissertation aims to answer two questions in particular: What is solidarity? And: What kind of solidarity should we envision for the European Union? I start by examining in what sense solidarity is inherently normative and my dissertation concerned with a normative problem. By clarifying the distinction between concept and conception, I explain that the contribution to the debate is to suggest a further conception of the (general) notion of solidarity, given that a review of previous literature does not provide a satisfactory comprehensive definition. The initial chapter also offers a brief history of the term and its historical significance and diverse usages in order to clarify why my methodological approach for defining solidarity is not focused on its historical applications. Rather, it offers a definition of solidarity that comprehends a social phenomenon in a way that other related notions cannot. The subsequent chapter introduces the definition of solidarity that I propose to work with. The chapter is guided by the diagnosis that solidarity is always relational (having to do with an "other") and expressed through practices (acts). The two guiding questions for my definition are consequently: 1. What makes me concerned about the other? – dealing with the relational question and 2. What does it mean to stand up for the other? – dealing with the question of solidary action. A further, evaluative step is necessary for the answers to both questions to clarify the normative dimension, i.e., to determine a desirable type of solidarity. Essentially, my definition first argues that solidarity is both social and political: social in its relational sense and political in its "expressive" sense as an action. The term social is to be understood as ...