This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent (...) supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.. (shrink)

Executive power in the European Union consists of various bits and pieces that have been cobbled together across a spectrum of institutions, sub‐actors, and policy areas. No fewer than three institutions of the European Union and its predecessors can claim to exercise executive authority within the Union, albeit to varying degrees and with varying emphasis: the Commission, the Council, and the European Council. This chapter provides a brief overview of the three core executive institutions, (...) followed by a discussion on recent executive constructions outside the EU legal framework. It highlights the pressing need for accountability mechanisms on all levels of Union governance. The European Council has gradually reinforced its own role, becoming in effect the most important agenda setter of the larger developments of the European Union, in spite of the Commission's monopoly of legislative initiative. (shrink)

The European Union approach to data protection consists of assessing the adequacy of the data protection offered by the laws of a particular jurisdiction against a set of principles that includes purpose limitation, transparency, quality, proportionality, security, access, and rectification. The EU's Data Protection Directive sets conditions on the transfer of data to third countries by prohibiting Member States from transferring to such countries as have been deemed inadequate in terms of the data protection regimes. In theory, each (...) jurisdiction is evaluated similarly and must be found fully compliant with the EU's data protection principles to be considered adequate. In practice, the inconsistency with which these evaluations are made presents a hurdle to international data-sharing and makes difficult the integration of different data-sharing approaches; in the 20 years since the Directive was first adopted, the laws of only five countries from outside of the EU, Economic Area, or the European Free Trade Agreement have been deemed adequate to engage in data transfers without the need for further administrative safeguards. (shrink)

This article investigates some special criteria of implementation of the EU directives into the national legal order and the consequences of their non-compliance, that could arise from the EU membership obligation to the European Union law. The most important acting form for the Institutions of European Union comes after the Reform treaty of Lisbon the form of the EU directive. The law-making practice of the Institution of the European Union set out with different levels (...) of full or partial harmonization of the EU directives. Consequently, there comes the problem of the enforcement of the adopted EU directives into the domestic legal order. The article analyses the changes in European Union law after the Reform of Lisbon. The investigation begins with treatment of the general characteristic of the EU directive. After that it analyses the choice of primary legal ground for adopting of the EU directive and the consequences of its wrong choice for the legality of the EU directive. (shrink)

The purpose of this article is to discuss the type of attachment and allegiance propounded in the recently proclaimed Charter of Fundamental Rights of the European Union. Charters such as Bills of Rights are generally held to be reflective of and evocative of a rights-based constitutional patriotism. The EU is not a state; there are widely different conceptions of what it is and should be, one of which is the vision of a Europe of nation states. Is the (...) spirit of the Charter thus instead that of deep diversity, i.e. reflective of a wide diversity of views, visions and values as to what the EU is and ought to be? The article contrasts constitutional patriotism and deep diversity as alternative underlying philosophies of the Charter and also briefly examines the Charter's presumed ability to produce either type of sentiment of allegiance. (shrink)

This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/eu of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/eu of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services (...) sectors; Directive 2014/23/eu of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect. (shrink)

Should the EU be a federal union or an intergovernmental forum? Recently, demoicrats have been arguing that there exists a third alternative. The EU should be conceived as a demoicracy, namely a ‘Union of peoples who govern together, but not as one’. The demoi of Europe recognise that they affect one another’s democratic health, and hence establish a union to guarantee their freedom qua demoi – which most demoicrats cash out as non-domination. This is more than intergovernmentalism, (...) because the demoi govern together on these matters. However, if the union aims at protecting the freedom of the different European demoi, it cannot do so by replacing them with a ‘superdemos’, as federalists want. This paper argues that demoicracy does possess distinctive normative features; it claims, however, that an institutional choice between intergovernmentalism and federalism is necessary. Depending on how we interpret what the non-domination of demoi requires, demoicracy will either ground a specific way of practicing intergovernmentalism or a specific form of federalism. It cannot, however, ground an institutional model which is genuinely alternative to both. (shrink)

In this article, we reflect on our personal experience of acting as ‘independent academic experts’ in an European Union policy forum, to reflect on how the EU utilises gender to legitimise certain policy discourses in combating sex trafficking. Starting from our personal experience, we draw on wider feminist research on gender expertise and on Fraser’s new reflexive theory of political injustice, to consider how the EU structures debates in this area to determine ‘who’ is entitled to speak and (...) be heard on this issue. In a context in which sex trafficking policy intersects with a variety of competing agendas on – among other things – law and order, organised crime, immigration, asylum and border security policy, our argument will suggest that the exclusion of critical feminist voices and lack of alternative perspectives permits much scope for continuing inequality and injustice. (shrink)

The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to (...) the ECHR. The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My (...) answer turns on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

The purpose of this article is to discuss the type of attachment and allegiance propounded in the recently proclaimed Charter of Fundamental Rights of the European Union. Charters such as Bills of Rights are generally held to be reflective of and evocative of a rights-based constitutional patriotism. The EU is not a state; there are widely different conceptions of what it is and should be, one of which is the vision of a Europe of nation states. Is the (...) spirit of the Charter thus instead that of deep diversity, i.e. reflective of a wide diversity of views, visions and values as to what the EU is and ought to be? The article contrasts constitutional patriotism and deep diversity as alternative underlying philosophies of the Charter and also briefly examines the Charter's presumed ability to produce either type of sentiment of allegiance. (shrink)

I outline the current debate over the European Union democratic deficit in terms of differing methodological approaches towards the realization of freedom and basic rights to political participation. Federalists opt for a model of freedom as noninterference and autonomous self-determination by proposing to tie basic rights in the EU to a univocal form of European-wide popular sovereignty. Although skeptics argue that the EU lacks the fundamental basis for such European-wide democratic self-determination, they ultimately defend a similar (...) view of freedom as noninterference with their appeal to the collective will of the member states. Democratic revisionists instead point to the novel democratic potential of institutions in the EU such as the Open Method of Coordination for mediating overlapping sovereignties. I conclude using the example of basic rights to effective participation for immigrants and minorities to illustrate the strengths of the revisionist view over views that appeal to the principle of subsidiarity. (shrink)

The European Union (EU) is known as the strongest advocate of the liberal global order. It is invested in the idea of rule-based international order, which forms part of its core identity. This adherence to the principles of the liberal global order is visible in its support for multilateral institutions and norms; open market and liberal trade regimes; approaches to security; emphasis on human rights; and democratic norms and values. With the growing uncertainty in the global order, the (...) EU's commitment to the above stated norms has become much more crucial than before. The objective of the study is to understand the shifting dynamics of the liberal world order as it was established at the end of the Second World War and how the EU is responding to these changes. (shrink)

The purpose of the present contribution is to explore how the ECJ seeks to respect the principles underpinning national welfare systems, notably social solidarity, whilst ensuring that Member States comply with the substantive law of the European Union, in particular with the Treaty provisions on the fundamental freedoms and EU citizenship. It is submitted that in order to reconcile those two interests the ECJ has taken the view that nationals of the host Member State must show a certain (...) degree of financial solidarity with the nationals of other Member States who have established a ‘genuine or real link’ with the society of that State. With a view to establishing the existence of such a link, national authorities of the host Member State must engage in a case-by-case assessment of the personal circumstances of the EU citizen claiming social benefits. However, Förster is an important exception to the individual application of the ‘genuine or real link’ test. Although Förster does not overrule Bidar as a matter of principle, it exempts the host Member State from examining the personal situation of economically inactive students who apply for maintenance grants or student loans but have not yet completed a five-year period of residence. (shrink)

Ukraine is the largest country that is included in European Neighborhood Policy. That is why the European Union should spotlight relations with this eastern partner, especially by foreign policy instruments like association agreement. The focus here is on the EU’s involvement in the Ukrainian crisis in period from Maidan revolution at the end of 2013, which was occasioned by the rejection of the association agreement with the EU by President Viktor Yanukovych, and to the presidential election in (...) 2014. The main issue is to evaluate the EU’s scope to stabilize the political environment in the nearby neighborhood and eliminate threats, which are the results of war between Ukraine and Russia. (shrink)

Industrialization laid the foundation for contemporary civilization but also begot environmental problems, which have been building up and remained unsolved to this day. There is widespread belief that, if industrial manufacturing lies at the root of environment degradation through endless spewing of residual waste, trade among nations is to blame for scattering residual waste the world over. Yet paradoxically, it is the very international trade that might be the ground for major remedies thereto. The 20th century witnessed the shift from (...) free trade to fair trade; it is about time to shift from fair trade to clean trade. Nevertheless, such serious problems had barely been dealt with until the post-World War II period. An awareness-raising effort in this line was made by the European Union which, since the early 1970s, has been dealing with environmental and social issues, especially the ones deriving from international trade, in a decisive and responsible manner. Still, EU’s new policy in the field of environment protection has a downside in that it affects trade relations with partners from outside the Union, both developing and developed countries, thereby drawing fierce international reaction. The good part is that EU’s actions will most likely prompt other nations to follow suit. (shrink)

Greenland has a special relationship with the European Union due to its link with the Kingdom of Denmark - Greenland’s mother country. As a result, Greenland shares some parts of the EU’s internal market via association agreements. Greenland, has become a meeting place of American, European and Asian interests in the Arctic. It is therefore essential that the EU doesn’t lose the North and keeps strengthening its relationship with Greenland. After having focused its attention on the East (...) and the South, it is high time that the European Union looks further North, notably through a more ambitious Arctic Window in its Northern sphere of influence. (shrink)

There is a growing interest in understanding consumer ethical actions in relation to their dealings with firms. This paper examines whether there are differences between Northern and Southern European Union (EU) consumers'' perceptions of ethical consumer behaviour using Muncy and Vitell''s (1992) Consumer Ethics Scale (CES). The study samples 962 university students across four Northern EU countries (Germany, Denmark, Scotland, The Netherlands) and four Southern EU countries (Portugal, Spain, Italy, Greece). Some differences are identified between the two samples, (...) which might question the ability of organisations to consider the EU as one homogeneous market. (shrink)

This paper attempts to explore the underlying nature and terms of Higher Education policy. Higher Education policy cannot be viewed outside the changing conditions of the state especially when the inquiry centres on Europe. In the European context, policy making, in order to be efficient, seems to be conducted on two levels, the supranational and the regional. This change in the structure of Higher Education policy making can be considered as an outcome of globalization and the current market economy. (...) The EU's Higher Education policy may be expected to go beyond the national into the supranational level of cooperation with the launching of new initiatives resulting from the Bologna Process and the European Higher Education Area. These initiatives are reshaping the role and responsibilities of Higher Education Institutes towards society and the market. The new role that these institutes are called upon to play indicates a clear tendency towards dissemination and the growing need for cooperation at the regional level. (shrink)

The recent global surge in large-scale foreign land acquisitions marks a radical transformation of the global economic and political landscape. Since land that attracts capital often becomes the site of expulsions and displacement, it also leads to new forms of migration. In this paper, I explore this connection from the perspective of a political philosopher. I argue that changes in global land governance unsettle the congruence of political community and bounded territory that we often take for granted. As a case (...) study, I discuss the European Union’s Renewable Energy Directive as a significant driver of foreign land acquisitions. Using its global power, the European Union (EU) is effectively governing land far outside of its international borders and with it the people who live on this land or are expelled from it. As a result, EU citizens ought to consider such people fellow members of their political community. This has implications for normative debates about immigration and, in particular, for arguments that appeal to collective self-determination to justify a right of political communities to exclude newcomers. The political community to which EU citizens belong reaches far beyond the EU’s official borders. (shrink)

The European Union requires a stronger approach to social solidarity than has been offered in existing theory. Perhaps the exigency of this claim is nowhere more evident than in the recent failed referendums in France and the Netherlands. In both cases the narrow legal-economic sense of the EU won out over what was hoped to be an emerging European public sphere, indeed a shared sense of European identity rooted in history. This article asks what type of (...) ‘history’ this identity requires. Approaching this problem from a theoretical perspective, I will outline why and how such a ‘history’ must accord with the existing limits set by post-and/or transnationalism itself. Second, I will question how well various attempts at writing such a ‘history’ have already managed in terms of these limits. Lastly, drawing on the current work of sociologist Ulrich Beck, I will put forward a theoretical alternative to the existing models. (shrink)

Political theorists aiming to articulate normative standards for the EU have almost entirely focused on whether or not the EU suffers from a ‘democratic deficit'. Almost nothing has been written, by contrast, on one of the central values underpinning European integration since at least the European Coal and Steel Community (ECSC), namely solidarity. What kinds of principles, policies, and ideals should an affirmation of solidarity commit us to? Put another way: what norms of socioeconomic justice ought to apply (...) to the EU? This is not an empirical or narrowly legal question. We are not trying to gauge the degree of attachment there currently is in the EU by, for example, citing the latest Eurobarometer poll. We are also not attempting to state the implicit rationale followed by the Court of Justice in its recent ‘solidarity’ jurisprudence, let alone trying to fix what the Commission might mean by it. In this article, I ask the more fundamental question underlying both the legal and the empirical questions: What principles of social solidarity ought to apply between states and citizens of the emerging European polity? This question has rarely been asked or answered by political theorists in an EU context, so we are entering largely uncharted territory. The article develops a tripartite model of EU solidarity in Section 2, and then applies it to the case of free movement of persons in Section 3. (shrink)

The case law of the Court of Justice of the European Union is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing. These factors have led to the development of a ‘Court French’ which necessarily shapes the case (...) law produced and has implications for its development, particularly insofar as it inevitably leads to a type of precedent in that case law. That case law also undergoes many permutations of translation into and out of up to 23 different languages. The resultant texts that make up the case law are hybrid in nature—consisting of a blend of cultural and linguistic patterns, constrained by a rigid formulistic drafting style and put through many permutations of translation. The present paper investigates the production of the Court’s multilingual case law and considers whether the hybrid nature of that case law can actually aid the presentation of a ‘uniform’ EU case law. (shrink)

Debates about the EU show that the holy trinity of absolute, indivisible sovereignty, nationality/citizenship and national identity/loyalty should be replaced by multilayered, pluralist concepts for descriptive, explanatory and normative purposes. Democratic pluralism criticizes replacement‐strategies (of the nation‐state by a European state, citizenship‐rights by human rights, national obligations by European or global ones). It opts for productive complementarity guided by two principles: “proximity and accountability” and “correspondence of powers and democratic say” and for progressive transdomestic shifts. The inclusion of (...) the articles on citizenship in the EC Treaty has, unintendedly, contributed to such a shift though it missed historical chances to develop a more democratic and social EU living up to minimal global obligations. (shrink)

Featuring contributions from renowned scholars,_ A Companion to European Union Law and International Law_ presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, (...) institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others. (shrink)

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed (...) to analyse and evaluate the Union are still in their infancy.This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity. (shrink)

The present study uses cross‐cultural samples of marketing practitioners from two European Union (EU) nations (the United Kingdom and Spain) and China to examine the relationships between moral intensity, personal moral philosophies and ethical decision making. Additionally, cross‐cultural comparisons were made regarding intentions, personal moral philosophies and moral intensity. Results indicate that both samples tend to use the perceived harm construct (e.g. magnitude of consequences, probability of effect, temporal immediacy and concentration of effect) to determine intentions in situations (...) involving ethical issues. However, social consensus tends to be situation‐specific for both groups and proximity seems not to be used at all when making decisions in situations involving ethics. As for personal moral philosophies, idealism is only used by the EU sample; however, for both samples, the use of relativism depends upon the specific situation. (shrink)

The present study uses cross‐cultural samples of marketing practitioners from two European Union (EU) nations (the United Kingdom and Spain) and China to examine the relationships between moral intensity, personal moral philosophies and ethical decision making. Additionally, cross‐cultural comparisons were made regarding intentions, personal moral philosophies and moral intensity. Results indicate that both samples tend to use the perceived harm construct (e.g. magnitude of consequences, probability of effect, temporal immediacy and concentration of effect) to determine intentions in situations (...) involving ethical issues. However, social consensus tends to be situation‐specific for both groups and proximity seems not to be used at all when making decisions in situations involving ethics. As for personal moral philosophies, idealism is only used by the EU sample; however, for both samples, the use of relativism depends upon the specific situation. (shrink)

The European Union, a pioneer in gender equality policies, is moving from predominantly attending to gender inequality, towards policies that address multiple inequalities. This article argues that there are tendencies at EU level to assume an unquestioned similarity of inequalities, to fail to address the structural level and to fuel the political competition between inequalities. Based upon a comparison of specific sets of inequalities, this article explores where and how structural and political intersectionality might be relevant. It argues (...) that a ‘one size fits all’ approach to addressing multiple discrimination is based on an incorrect assumption of sameness or equivalence of the social categories connected to inequalities and of the mechanisms and processes that constitute them. Focusing on similarities ignores the differentiated character and dynamics of inequalities. It also overlooks the political dimension of equality goals. Moreover, it has become clear that attention to structural mechanisms and to the role of the state and the private sphere in reproducing inequalities is much needed. The final part of the article presents constructive ideas for a more comprehensive way of addressing multiple inequalities. (shrink)

In its decision in ex parte Blood the Court of Appeal relied on European Community (EC) law to hold that the Human Fertilization and Embryology Authority had acted unlawfully in taking its decision to prevent Mrs Blood from exporting sperm taken from her dying husband without his written consent. The Blood case raises the issue of the extent to which EC law may affect the regulation of human reproduction in the Member States. Responding to fears that such national regulation (...) might be ‘swept away’ by the commodifying nature of EC law, this article considers the scope of the potential application of EC law to regulation of human reproduction. The cautious conclusion is that, while there may be some increase in deregulatory pressures, the ‘vertical relationship’ of supreme EC law to national law may turn out to be less significant than ‘horizontal relationships’ between policy makers within and between the EU and its Member States. (shrink)

World Trade Organization (WTO) Agreement includes the Annex 2 Dispute Settlement Understanding (DSU) that reveals with WTO dispute settlement rules and procedures. The Dispute Settlement Body (DSB) is hereby established to administer these rules and procedures. The article analyses the problematic issues of the direct effect of the DSB decisions in the European Union (EU) legal order. ECJ concluded that an individual does not have the right to challenge, the incompatibility of Community measures with WTO rules, even if (...) the DSB had previously declared the EU legislation to be incompatible with those rules. The position of the ECJ is based on the WTO dispute settlement system specifics—the importance of the negotiation between the parties, even after the DSB decision-making and lack of reciprocity, which means that major commercial partners of the EU does not recognize the direct effect of DSB decisions. (shrink)

The present study aims to extend research on the role of values for the perceived legitimacy of legal authorities by focusing on (1) supranational legal authorities and (2) a broad range of values. We examine how (alignment between) people’s personal values and their perception of the values of the European Union (EU) are related to perceived legitimacy of the Court of Justice of the EU (CJEU) and the EU more broadly. Inspired by moral foundations theory, we distinguish between (...) individualizing (i.e., “democracy”, “liberty”, and “fairness”) and binding values (i.e., “rule of law”, “respect for national authority”, and “respect for tradition”). An online survey was conducted in six EU member states (N = 1,136). A factor analysis confirmed a two-factor model (individualizing vs. binding values) for both personal values and perceived EU values. Four regression models were run for each of the value factors, including personal values, perceived EU values, and their interaction, on each of the outcomes (i.e., perceived CJEU and EU legitimacy). Perceived endorsement by the EU of both individualizing and binding values predicted higher legitimacy perceptions of the CJEU and EU. Furthermore, personal binding values had a negative effect on perceived EU legitimacy when participants perceived the EU to weakly support binding values, but a positive effect when the EU was perceived to strongly support binding values. The results suggest that value alignment plays an important role in perceived legitimacy of the CJEU and EU, and that better representing binding values might be a strategy to improve perceived EU legitimacy. (shrink)

The system of the European Convention on Human Rights created in 1950 is still regarded as the most important and effective regional system for the protection of human rights in the whole world. However, the experience of the European Court of Human Rights (ECHR) has clearly showed that the steady growth in the number of cases brought before the ECHR makes it increasingly difficult to keep the length of proceedings within the acceptable limits and to maintain the effectiveness (...) of the ECHR. This aspect is becoming extremely important due to the fact that the European Union (EU) will join the Convention system in the near future. The legal basis for the EU accession to the Convention system has been made possible after the entering into force of the EU Lisbon Treaty on 1 December 2009, and, from the Convention’s perspective, the new Protocol No. 14 to the Convention, which entered into force on 1 June 2010, and which, in Article 17 (amending Article 59 of the Convention), stipulates that the EU may accede to this Convention. (shrink)

This article provides a normative framework for evaluating the moral permissibility of various defences of European Union (EU) values against their violation in EU member states. This requires, first, a coherent interpretation of EU values as the values of liberal democracy; second, a clear notion of when they are violated; third, a theory of how liberal democracy can be defended with measures that are consistent with the values of liberal democracy themselves; and, finally, a discussion of what the (...) EU’s role is in this defence. The article argues that it would be permissible for the EU to combine a number of political, cultural, socio-economic and legal responses in a concentric defence of liberal democracy as long as they respect the separation of powers doctrine and do not rely on problematic notions of collective responsibility. (shrink)

As a technique of social control based on the collection of information, surveillance has been a central instrument of any administrative power since the modern era. Surveillance, however, can be carried out in different ways and these can provide important information on the basic features of a particular political system. Indeed, the introduction of surveillance measures has an impact on key relationships of a political system, such as liberty and security, autonomy and authority. When a political system is, like the (...) European Union (EU), in a dynamic and build-up phase, by analysing its surveillance practices one can even discern the trajectories of its developments. The paper analyses two surveillance measures in the EU: the Schengen Information System (SIS) and the Directive 2006/24/EC on data retention. It puts forth the argument that the reference to security as a value enables the EU to compensate its legitimacy deficiencies and to develop into a power system characterised by a more supranational structure than before. (shrink)

The review of literature on stakeholders reveals that there is need to understand more about firm-stakeholder relationships especially from stakeholders’ point of view. Market integration in the European Union (EU) provides an excellent context for increasing such understanding since it is creating opportunities and threats for firms and their stakeholders. This research aims to make a contribution in this direction by analyzing strategic responses of primary stakeholders to selected threat events in the history of Volkswagen (VW) since 1960.

The article aims at resolving the issue whether the Court of Justice of the European Union (CJEU) has an exclusive jurisdiction under Article 344 of the Treaty on Functioning of the European Union (TFEU) to resolve disputes between Member States, stemming from provisions of an international treaty, a party to which is the EU. This problem is especially relevant in cases when a mixed international agreement envisages independent institutions of dispute resolution. The position of the CJEU (...) is expressed in the case of Mox Plant. The European Commission applied to the CJEU against Ireland, because it considered that Ireland, which started an arbitration procedure against United Kingdom under the UN Convention on the Law of the Sea, has infringed the exclusive jurisdiction of the CJEU under Article 344 of the TFEU. The EU is also a Contracting Party to the UN Convention on the Law of the Sea. Therefore according to the consistence case practice of the Court, the provisions of the Convention that fall under the competence of the Union constitute an indivisible part of the EU legal system. Only in such case when a provision of a treaty is attributed to exclusive competence of the Member States, the jurisdiction of the CJEU regarding that provision can be negated. Thus, when deciding on the issue of exclusive jurisdiction of the CJEU in principle, a problem of attribution of the EU and Member States’ competences arises. (shrink)

The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some EU (...) Member States, as well as possible solutions to tackle the problems. The primacy of the European Union law over the national law was recognised as one of the constitutive principles of the European Union. The article includes relevant provisions of the Lisbon Treaty that deal with the rules concerning the legal requirements of the primacy of the European Union law in the EU primary law. The European Court of Justice has developed the meaning of the principle of primacy, which means that the European Union law should take precedence over national law (even over constitutional provisions) and should there be any conflicts between EU law and national law, every national court is obliged to apply the law of the European Union. The main issue of this article is analysing the principle of primacy of the European Union law over the Lithuanian law. (shrink)

The dialogic relationship between individuals and the cultural space of Europe embodies cultural definitions, political definitions and individual definitions. As individuals draw from Europe as a cultural space and strive to identify and define themselves, definitions are created against an “other,” leading to Europe being defined against the “other.” Identity is established through difference, and in this, the relationship between the EU—a force of integration—and Europe as a cultural space is strained. As boundaries change through the European Union, (...) transforming the cultural space of Europe, the “other” against whom individuals have traditionally defined themselves is also transforming. This article asks if the integration of Europe through the European Union is resulting in the political mobilization of xenophobia and thereby transforming the cultural space of Europe into a xenophobic space. As many academics and professionals have argued that xenophobia in Europe has been on the rise since the 1990s, this paper will question how the relationship between the European Union—as a force of European integration—and Europe—as a cultural space—is contributing to the construction of xenophobia. (shrink)

The debate on the European Union's democratic deficit usually operates within a national-democratic framework of analysis. This article argues for a change in methodology. It follows the thesis that the EU is a ‘demoicracy’– a polity of multiple demoi– and has to be evaluated as such. Core principles of demoicracy are developed and the EU is assessed accordingly. Such an evaluation is not only more adequate, but also provides original insights: it is found that, whereas the constitutional development (...) of the EU has approached demoicratic standards in general, major deficits remain at the national level. (shrink)

The article investigates the significance of syntax in the multilingual EU law. It attempts to respond to the question whether syntax is apt to contribute to the uniformity of that law and how, with regard to this function, it relates to the (widely disputed yet uncontested) semantic and pragmatic methods of achieving such a uniformity. In order to respond to this question, the article firstly, recalls fundamental concepts which would help conceptualize the endeavour and, secondly, presents examples of analysis of (...) syntax arrangements which can be deemed representative for the study of the said problem of contribution. The study finds that EU law (expressed in 24 official languages which have equal authentic status) relies on diversified syntax of its respective constitutive languages. Syntax structures used in respective language versions of EU law represent narrower, law-specific, form of syntax structures available in these languages. Its specificity is determined mostly by legislative traditions of respective EU member states. Syntactic structures of EU law produced in different official languages do not represent a single pattern because of diversified mode of producing illocutionary value of provisions in which strongly idiomatic modal verbs (modal operators) and even special modal structures (not necessarily containing modal verbs) are used to express legal norms. They also differ when it comes to their law-specific compositionality, i.e. flexibility of different syntax structure to produce the same meaning and, in the same time, to preserve their genre/register informational value. Notwithstanding, these structures have well pronounced and system-significant common features within respective Germanic, Romanic, and Slavic families of languages in which EU law is mostly reproduced. The sentence structure and the relevant register of EU law provisions are the same for respective versions of EU texts of law expressed in the languages belonging to the respective three language families which were examined for the sake of this study. These common features are re-enforced by the synoptic mode of producing EU law which imposes formal resemblance of provisions reproduced in respective EU official languages to each other. The multilingual EU legislator also uses patterns which grant legal text the relevant register, yet its specific EU character ultimately transpires through semantic aspects of EU texts rather than their mere syntax. The unity of the system is achieved most strongly through the EU specific interpretation, where the teleological methods (which can be conceived as a language means to achieve EU law goals and objectives at the pragmatic level) are of utmost importance. Thus, there is no EU-specific syntax which would, as such, contribute to unity of EU law. Instead, unity is achieved in the area of semantics and pragmatics. The well exposed anaphoric character of EU law (as any other type of law) may contribute to narrowing down possibility for differentiation of respective language versions of EU law. (shrink)

The concept of Europeanization has become very popular in studies of European integration and particularly in analyses on the post-communist countries undergoing extensive transformation on the road to European Union membership. Although the Europeanization process has been quite successful in the countries of Central and Eastern Europe, the same scenario has not played out in the western Balkans region. With the purpose of analysing the effectiveness and impact of the Europeanization process in the western Balkans, the main (...) subject of the paper is Bosnia and Herzegovina’s EU-related reform processes. Although Bosnia has been undergoing thorough Europeanizing reforms since the late 1990s, when the country entered the Stabilization and Association Process, it is still an unstable and dysfunctional country. That makes it the perfect case for assessing the possible shortcomings of the Europeanization process. Thus far, most scholars have concluded that domestic political elites in Bosnia are the only party responsible for Bosnia’s political deadlock. However, this paper analyses the continued Bosnian deadlock from a different perspective, trying to figure out the degree of responsibility the European Union shares in the country’s Europeanization process. Although uncooperative Bosnian political elites are to a great extent responsible for the continued political and social status quo, EU leaders are not faultless either. In fact, so far European leaders have often appeared to be deeply divided, incoherent, and short-sighted in terms of Europeanization policies in Bosnia, thus further deepening the political deadlock in the country. Therefore, we can ask whether Bosnia represents a litmus test which the EU has failed. (shrink)

The European Union is strategically committed to the development of nanotechnology and its industrial exploitation. However, nanotechnology also has the potential to disrupt human health and the environment. The EU claims to be committed to the safe and responsible development of nanotechnology. In this sense, the EU has become the first governing body in the world to develop nanospecific regulations, largely due to legislative action taken by the European Parliament, which has compensated for the European Commission’s (...) reluctance to develop special regulations for nanomaterials. Nevertheless, divergences aside, political bodies in the EU assume that nanotechnology development is controllable and take for granted that both the massive industrial use of nanomaterials and a high level of environmental and health protection are compatible. However, experiences such as the European controversy over agri-food biotechnology, which somewhat delegitimized the regulatory authority of the EU over technological safety and acceptability, arguably show that controllability assumptions are contestable on the grounds of alternative socio-economic and cultural preferences and values. Recently developed inclusive governance models on safety and innovation, such as “Responsible Research and Innovation”, widely claim that a diversity of considerations and issues are integrated into R&D processes. Even so, the possibility of more radically alternative constitutions of socio-technical safety seems to be seriously limited by the current ideology of innovation and economic imperatives of the global, knowledge-based, capitalist economy. (shrink)

The European Union’s common agricultural policy (CAP), in addition to its primary production and farm income goals, is a large source of funding for environmentally friendly agricultural practices. However, its schemes have variable success and uptake across member states (MS) and regions. This study tries to explain these differences by demonstrating differences between policy levels in the understanding of the relationship between nature and farming. To compare constructs and values of the respective policy communities, their discursive construction as (...) it appears in the main strategic EU and MS agricultural policy documents is analysed. The theoretical framework integrates elements from existing frameworks of CAP and environmental discourse analysis; specific agri-environmental discourses, their elements and interplay, are identified. The six discourses suggested here are ‘Productivism’, ‘Classical neoliberal’, ‘Ecological modernisation’, ‘Administrative’, ‘Multifunctionality’ and ‘Radical green’. The discourse analysis of selected documents reveals that there are indeed differences in how farming and the environment are generally conceptualised at different levels of CAP decision-making. At EU level, farming is primarily understood as a sector whose main task is to produce food (‘Productivism’), and the environment is used as a justification for CAP payments (‘Multifunctionality’). At the national/regional level, Rural Development Programmes reflect different value systems: in England, environmental protection is mainly seen as sound management of natural capital (‘Classical neoliberal’); in Finland, a benefit for producers and conscious consumers (‘Ecological modernisation’); in Croatia, a necessity limiting productivity (‘Productivism’) and imposed by an external authority (‘Administrative’ discourse). This diversity shows that differences can visibly manifest despite the Commission constraining the discursive space, helping to explain the differential implementation and success of environmental measures. (shrink)

The article examines the key conclusions and recommendations to candidate countries and potential candidates for accession, set out by the European Commission in the annual Communication on the EU enlargement policy in 2022. For better understanding of the essence of the Commission’s Communication, this article the author analyses the realities faced by the EU with the beginning of the Russian Federation’s full-scale war against Ukraine. According to scholars and experts, the war changed Europe more profoundly than any event since (...) the end of the Cold War. It is found that the war clearly emphasized the attractiveness of EU membership and strengthened its transformative power, which was formed thanks to the values, diversity of the societies of the Member States, fundamental freedoms and way of life of the Union. In this context, one can agree with the statement of scholars that the real challenges that the EU cannot avoid if it wants to become more authoritative and strategically autonomous are the strengthening, not the weakening of the European level (institutional and legal systems, common EU policies) under a strict democratic control. The analysis of the conclusions and recommendations in the Commission’s Communication allowed us to conclude that after the Russian invasion of Ukraine, the policy of EU enlargement was returned to the forefront of the EU’s agenda. Evidence of this was, firstly, granting the status of a candidate for accession to Ukraine and Moldova and a potential candidate – to Georgia, and, secondly, a joint search by the EU and its Member States for ways to activate and speed up the process of European integration of the countries of the Western Balkans region. In addition, it should be noted that the cross-cutting themes of the Commission’s conclusions and recommendations are EU security and energy policy, key areas of the Green Course, in particular decarbonization of the economy, as well as the issue of recovery after the COVID-19 pandemic. A separate emphasis in the Commission’s Communication is placed on the reforms continued by the countries of the Western Balkans, which are necessary to fulfill the accession criteria. (shrink)

The article analyzes the changes of legal regulation on natural gas market in the context of the third European Union (EU) energy package. The paper consists of the introduction, two parts and conclusions. The first part analyses the main provisions on the natural gas market of the Third EU energy package. The second part of the paper focuses on the effect of the Third EU energy package on legal regulation of natural gas market in Lithuania. For this purpose, (...) the author analyzes the relevant provisions of the future legal regulation that are laid out in the Conception on draft amendment of the Lithuanian law on natural gas (the Conception) that was adopted by the Resolution of 19 May 2010 No. 585 of the Government of the Republic of Lithuania (the Government). The author analyses the chosen model of implementation of the Directive 2009/73/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas of 13 July 2009 and repealing Directive 2003/55/EC (Directive 2009/73/EC), and the possible negative and positive consequences of the implementation of the model chosen by the drafters of the Conception. The paper is ended with motivated conclusions. (shrink)

Supranational governance is being challenged by politicians and citizens around the EU as over-centralized and undemocratic. This book is premised on the idea that polycentric governance, developed by Vincent and Elinor Ostrom, is a fruitful place to start for addressing this challenge. Assessing the presence of, and potential for, polycentric governance within the EU means approaching established principles and practices from a new perspective. While the debate on these issues is rich, longstanding and interdisciplinary, it has proven difficult to sidestep (...) the 'renationalisation/federalisation' dichotomy. The aim of this volume is not to reject the EU's institutional structure but provide a different benchmark for the assessment of its functioning. Polycentric theory highlights the importance of multilevel horizontal relationships within the EU - between states, but also between many sub-state actors, all the way down to individuals. This helps us answer the question: how do we achieve self-governance in an interdependent world? (shrink)

The article is dedicated to determine de iure and de facto binding force of the case law of the Court of Justice of the European Union (hereinafter the ECJ) and its place in the system of legal sources in Latvia. The author concludes that the case law of the ECJ consists of legally important statements, which are included in judgements of the ECJ, namely, of an interpretation of legal norms, made by the ECJ, and of judge-made law norms, (...) which the ECJ has found in legal system by use of a further law-making. Therefore, it follows from the above that the case law of the ECJ is regarded as binding independent addition legal source in Latvia. This publication concerns not only Latvia, but also other European Union (hereinafter the EU) member states of the continental Europe or Romano-Germanic legal system. (shrink)

When discussing the safety of research subjects, including their exploitation and vulnerability as well as failures in clinical research, recent commentators have focused mostly on countries with low or middle-income economies. High-income countries are seen as relatively safe and well-regulated. This article presents irregularities in clinical trials in an EU member state, Poland, which were revealed by the Supreme Audit Office of Poland (the NIK). Despite adopting many European Union regulations, including European Commission directives concerning Good Clinical (...) Practice, these irregularities occurred. Causes as well as potential solutions to make clinical trials more ethical and safer are discussed. (shrink)