Search results

Arthur B. Gunlicks

policies have preempted certain Land powers. The European Court of Justice (ECJ) has said the EC/EU has no powers in the field of education, but it has used its jurisdiction over economic policy to promote worker mobility. “Mobility” includes mutual recognition of standards and certification in vocational and professional training. Thus, the ERASMUS and LINGUA programs that provide scholarships for students in EC/EU member states to study in other member states require mutual chap 11 27/5/03 362 12:03 pm Page 362 The Länder and German federalism recognition of

in The Länder and German federalism
Open Access (free)
Kjell M. Torbiörn

of bananas, traditionally imported them from whatever country offered the lowest price, whether or not it was linked to the EU through the so-called Lomé Agreement giving preferential trade status to a large number of so-called ACP (African, Pacific and Caribbean) countries. However, a judgement by the European Court of Justice in Luxembourg ruled that this was a violation of Lomé, in spite of Germany’s protests that in buying from a country such as Costa Rica it only respected GATT–WTO principles. The economic interests of the Germans (who consume more bananas per

in Destination Europe
Anu Koivunen
,
Katariina Kyrölä
, and
Ingrid Ryberg

’  –​those that embody difference from the normative subject. In  13 Vulnerability as a political language 13 the human rights discourse, the notion of ‘vulnerable populations’ has been used in order to advocate for special protection or awareness of marginalised, disadvantaged, and discriminated groups, such as ethnic minorities and LGBTQ people, vulnerable to violations of their fundamental rights. ‘Vulnerable populations’ have been established in human rights discourse by the Council of Europe, the European Union, the European Court of Justice, and the European

in The power of vulnerability
Christopher T. Marsden

and then by the European Court of Justice after litigation that was not concluded until 2014. 38 Why do pensioners matter to net neutrality? If you intend to regulate access providers as regulated actors, you had better understand what their motivations are. Such cash deficit payments by BT affect the wholesale price of broadband to its competitors, with an Ofcom inquiry in

in Network neutrality
The restructuring of work in Britain
Louise Amoore

working week to 48 hours, stipulate minimum rest periods and set a minimum level of annual paid holiday.8 The British Conservative Government challenged the Directive on the grounds that it was introduced through the back door of qualified majority voting in the area of health and safety. Following the failure of their challenge to the legal basis of the Directive in the European Court of Justice (ECJ), the British Government issued a consultation document to the effect that ‘implementation needs to be carefully tailored to the circumstances of British business so as to

in Globalisation contested
Open Access (free)
Yalta farewell; how new a world?
Kjell M. Torbiörn

’ procedures to more policy areas. The European Court of Justice was given the right to fine member states found in breach of EC legislation. New policy areas were brought explicitly into the EC framework for the first time, such as culture, consumer protection, environment, research and technological development, industrial competitiveness, and economic and social cohesion. Above all, however, it was the provisions for an Economic and Monetary Union that would provide the greatest impetus toward political integration. Those suspicious of more integration also scored some

in Destination Europe
Structuring self-made offers and demands
Andreas Maurer
and
Wolfgang Wessels

limiting the roles of EC/EU bodies or securing Member States’ veto powers (such as unanimity in the Council), since they remain hesitant to cede too much power to non-national actors or to risk being outvoted by majority decisions and restrictive rule interpretations. • Communitarisation: in a third phase of treaty amendment, governments then commit themselves to QMV instead of unanimity, for the sake of efficiency and effectiveness. As for the EP and the European Court of Justice (ECJ), Member States are, in the first phase of policybuilding, rather reluctant to

in Fifteen into one?
Open Access (free)
Jon Birger Skjærseth
and
Tora Skodvin

Analytical framework Page 37 37 will be further limited. In the EU, for example, a minority block of EU member industries can be forced – via reluctant national authorities – to implement a specific directive or regulation. If an industry fails to comply, it may be brought before a national court, which is required to interpret national laws in line with EU obligations. In addition, since 1993 the European Court of Justice has been empowered to impose fines on states that have failed to comply with previous rulings of the court. Third, influence is likely to depend on

in Climate change and the oil industry
Open Access (free)
Dimitris N. Chryssochoou
,
Michael J. Tsinisizelis
,
Stelios Stavridis
, and
Kostas Ifantis

political activism of the European Court of Justice (ECJ) in the process of ‘constitutionalising’ the treaties. Yet it is doubtful whether subsequent amendments to the founding treaties have brought about a higher constitutional order, at least when measured against the constitutional properties of the member nation-states. Rather, it seems that the larger political unit rests upon the separate constitutional orders of its component parts which, by virtue of their sovereign nature, continue to act as ‘Masters of the Treaties’ (Herren der Verträge). The mere fact that

in Theory and reform in the European Union
The Member States between procedural adaptation and structural revolution
Jürgen Mittag
and
Wolfgang Wessels

: Neue Juristische Wochenschrift (1996), pp. 2457–2466. Szukala, Chapter 9, op. cit., p. 238. Article 234 of the Treaty establishing the European Community (ex Article 177). Franck, Leclercq and Vandevievere, Chapter 3, op. cit., p. 86. See Joseph H.H. Weiler, ‘A Quiet Revolution, The European Court of Justice and its Interlocutors’, in: Comparative Political Studies, No. 26/1994, pp. 510–534. Anita Wolf-Niedermaier, Der Europäische Gerichtshof zwischen Recht und Politik (Baden-Baden: Nomos, 1997). See Maurer and Wessels, Chapter 2, op. cit. See for this term Robert D

in Fifteen into one?