Search

This article analyses the functioning of the European Public Prosecutor's Office (EPPO) as an independent EU body responsible for investigating, prosecuting and bringing to justice those who have committed criminal offences affecting the financial interests of the European Union - a topical issue for both EU institutions and Member States, including Ukraine as a candidate country. The importance of expanding the powers of the EPPO is mentioned in the Political Guidelines for the next European Commission 2024--2029 «Europe's Choice». It points to the need to discuss areas where it is seen necessary to increase the powers of this body to combat cross-border serious crime, including corruption, which affects EU funds and which Member States cannot tackle on their own at the national level. In terms of the adaptation of Ukrainian legislation to EU law, accession negotiations and Ukraine's gradual integration into the EU's area of freedom, security and justice. The cooperation and interaction of the Ukrainian state authorities with the EPPO plays a significant role. The European Union's cooperation in the area of freedom, security and justice (hereinafter referred to as the AFSJ) takes place both at the level of the EU and its Member States and is regulated under the Association Agreement between a third country and the EU and its Member States (for the Western Balkan countries - the Stabilisation and Association Agreement). Thus, the EU-Ukraine Association Agreement contains Chapter 3 «Justice, Freedom and Security». The research article analyses the competence of the EPPO, the mandate of the EPPO and the European Anti-Fraud Office was clarified. The article examines the legal framework (Council Regulation (EU) 2017/1939 (the «EPPO Regulation») and Directive (EU) 2017/1371 (the «PIF Directive»), as well as the procedure and status of accession of EU Member States to the EPPO, including the organisation of the body's work, which is organised at two levels: centralised and decentralised. The authors conclude that Ukraine should join the EPPO after becoming a full member of the EU. [ABSTRACT FROM AUTHOR]

The article addresses the realization of economic sanctions, which have become one of the key instruments for ensuring compliance with international law, given the inability of the United Nations Security Council--paralyzed by Russia's veto power--to fulfill its primary role of maintaining international peace and security. Particular attention is given to the realization of economic sanctions in the European Union (EU), which, alongside the United States, currently serves as a leading proponent of these coercive measures. The focus on the EU is explained by Ukraine's aspirations for EU membership, which necessitates the systematic alignment of national legislation with EU law, as well as by the critical need to ensure the effective implementation of economic sanctions, which today represent one of the few viable tools for influencing violators of international law. In this context, the article aims to analyze the practice of economic sanctions realization in the EU and to identify the problematic aspects that affect the effectiveness of these coercive measures. To achieve this goal, the process of sanctions realization in the EU is divided into three stages: the initiation and imposition of sanctions, their implementation, and the monitoring and evaluation phase. It is established that the initiation and imposition stage faces significant challenges, including the need to reach consensus among EU member states on sanction decisions, which can be complicated by the divergent political interests of individual European countries, the timely adoption of the necessary legal acts by the Council of the EU, and the legality of these measures. In contrast, the implementation stage is characterized by the lack of a unified approach to transposing economic sanctions into the national legal frameworks of EU member states, which hinders the effective enforcement of sanction regimes. The monitoring and evaluation stage reveals issues such as the lack of sufficient resources in EU member states to fulfill their reporting obligations to the European Commission regarding the implementation of EU sanctions legislation, the complexity and ambiguity of EU acts in the area of restrictive measures, the unclear definition of the objectives of economic sanctions, and the absence of a unified system for evaluating the effectiveness of sanction measures. The author emphasizes that these factors negatively impact the achievement of the goals at this stage, which in turn undermines the overall effectiveness of EU restrictive measures. The article stresses that the identified shortcomings in the EU's sanction implementation practices could serve as a foundation for improving domestic sanctions legislation and enhancing its effectiveness. In particular, it is recommended to develop mechanisms for the monitoring and evaluation of sanctions effectiveness, introduce liability for violations of sanction laws, and authorize a designated state body to provide clarifications on compliance with sanction regulations. [ABSTRACT FROM AUTHOR]

The paper focuses on Slovakia's compliance performance in the EU law implementation since its accession in 2004. It explores the use of the infringement procedure launched by the European Commission against the Slovak Republic. The article pursues three primary objectives. Firstly, it evaluates Slovakia's non-compliance since joining the EU, using quantitative indicators to compare non-compliance with EU directives in various policy areas. Secondly, it examines if factors known to impact compliance in existing literature also apply to Slovakia. Thirdly, the study delves into environmental infringements in Slovakia, underlining the prominence of environmental concerns and the country's substantial number of related infringement proceedings, including those involving the Court of Justice of the European Union. This analysis contributes insights into understanding compliance gaps within problematic policy areas, specifically environmental policy like waste management, in the Slovak context. The authors' findings indicate that the roots of environmental non-compliance can be traced to how the environmental agenda is prioritised by political elites and officials within the state administration, as well as the interplay of various factors emanating from wider political and social landscapes. [ABSTRACT FROM AUTHOR]

This paper engages with the routine normalisation of mass violations of human rights at the EU–Belarusian border. The direct and indirect victimisation of the racialised 'other' on the Eastern border of the Union is a direct extension of the EU-sponsored war on the racialised passport-poor in the Mediterranean. Together, the two form one clear and coherent picture of flagrant mass rights abuse. This EU law approach has claimed more than 27,000 lives over the last eight years and left more than 120,000 innocent people captured and imprisoned, or enslaved and sold for ransom by the criminal proxies enlisted by the EU and its Member States. This dramatic situation has not arisen by chance. An array of legal techniques is deployed by the EU, specifically by FRONTEX, the European Commission and, albeit incidentally and to a lesser extent, the European Court of Justice—to make sure that the full brunt of the denial of the right to life and other vital rights of non-citizens is never presented as a violation of EU law. We call these legal techniques 'EU lawlessness law'. Focusing on the situation at the EU–Belarusian border allows us to zoom in on the bespoke lawlessness solutions crafted and deployed there by the EU and its Member States. The gross violations of the law are rhetorically justified by the alleged instrumentalisation of migrants by the dictatorial Belarusian regime. Paradoxically, the latter emerges as a de facto partner of the EU and its Member States, in torturing numerous people in complete disregard of any of the legal guarantees that the Union professes to provide. [ABSTRACT FROM AUTHOR]

The article discusses a unique case of the EU's application of rule of law conditionality vis-à-vis Ukraine, while the latter is in active war with Russia. It is demonstrated that the EU utilized momentum, created by the confluence of the invasion and Ukraine's EU candidateship, to apply ambitious rule of law conditionality in its relations with Ukraine. Despite the unique strategic and political context, the conditionality is path-dependent, strongly relying on the achievements and outstanding tasks of the EU's pre-war rule of law promotion in Ukraine. Also, both the design and substance of EU conditionality vis-à-vis Ukraine strongly resemble the one the EU applied vis-à-vis Western Balkans. This concerns specifically the contents of conditionality, focusing on building effective anticorruption institutions and judicial reform. Current geostrategic pressures have not yet led to major changes in the philosophy behind the enlargement process or the EU's framing of the rule of law concept. Yet, changes to be underscored include the EU's focus on specific benchmarks within pre-defined realms and strong alignment between political and financial instruments. [ABSTRACT FROM AUTHOR]

This contribution reflects on the role of soft law instruments to address the rule of law crisis, a topic of high relevance in the context of this special issue. Indeed, the EU-15 enlargement towards the 'periphery' proceeded also through soft law instruments, perceived to allow greater flexibility in monitoring. Soft law – or rules of conduct that have no legally binding force but may have legal and practical effects (Snyder 1993, 64) have been considered inappropriate by the literature in dealing with the regulation of values in EU law. However, a closer look at the career of soft law issued for Romania under the Cooperation and Verification Mechanism appears to suggest a more nuanced picture. Whilst time is not yet ripe for a full assessment of the effectiveness of the tools, there are signs that show that the reports issued by the Commission within the Cooperation and Verification Mechanism process have had an influence in fostering change. They did so by catalysing litigation and, as a result, informing and fuelling an institutional dialogue on the rule of law at the transnational level. [ABSTRACT FROM AUTHOR]

This article is dedicated to the legal analysis of the specifics of Council Regulation (EU) 2019/1111 in the context of its application to the protection of unaccompanied asylum seeker children. The article emphasizes that European Union law stipulates that unaccompanied children migrating from third countries to the EU must be protected, regardless of whether they fall under the general European asylum system. The European Regulation (EU) 2019/1111 plays a significant role in this context, as it guarantees the protection of unaccompanied children migrating to the EU by establishing parental responsibility. Although maintaining family unity aligns with the best interests of the child, the right to family reunification is not always straightforward or feasible for unaccompanied migrant children, who often lack documentation. Moreover, the exercise of the right to reunification does not always align with the principle of the best interests of these children. Therefore, it is crucial to promptly appoint a guardian for such children upon their arrival to advocate for their interests and ensure their protection. To expedite the appointment process and facilitate the effective implementation of other protective measures, Regulation 2019/1111 provides for the possibility of adopting provisional and protective measures. Consequently, the courts of any Member State have the right to adopt provisional and protective national measures if such measures are provided for in the national legislation of that Member State. To date, the case law of the CJEU has established three cumulative requirements for provisional and protective measures: the measure must be temporary, urgent, and must be taken in relation to a child present in the Member State handling the case. Jurisdiction should be determined by the Member State of the child’s habitual residence, except in certain situations, such as when the child’s residence changes or according to an agreement between those with parental responsibility. If no proceedings regarding parental responsibility have been concluded and the child’s habitual residence changes following lawful relocation, jurisdiction should be retained with the child to maintain proximity. [ABSTRACT FROM AUTHOR]

In this paper, we analyze the value of screening tests for competition authorities in cartel cases to raise red flags about possible cartels and as a deterrence on new or existing cartels. We start by looking at one of the main problems of screen tests: false positives. We show that multiple screen tests can function as a useful tool to reduce false positives. We then study the legal foundations of screen tests considering the EU competition law and build a case to use screen tests to trigger dawn raids. [ABSTRACT FROM AUTHOR]

Ireland’s Electoral Reform Act introduces several key provisions under Parts 4 and 5 which are designed to curtail the spread of misleading electoral communications. This article’s focus is on how these provisions enable divergence from established EU standards surrounding intermediary liability for harmful online communications. Identifying how the application of these provisions may undermine the right to freedom of expression under EU law, this article further distils the applicable principles which should inform how online platforms limit access to misleading information in electoral settings. This article filters these principles from applicable case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). Drawing from the analytical approaches of these courts to false electoral communications, this article not only assesses how Ireland’s Electoral Reform Act may undermine the right to freedom of expression but also provides a template for how EU and Member State legislation in the disinformation field can promote compatibility with human rights. [ABSTRACT FROM AUTHOR]

The article analyzes the impact of EU law on national legal systems and the world order. With the collapse of the Soviet Union, the EU began active work on strengthening its authority and influence. In the 1990s, the EU (whose members also belonged to the Council of Europe) made the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms (with Protocols) (European Convention on Human Rights) a necessary condition for EU membership, which involved a lot of preparatory work in the field of human rights for candidate countries. The founding treaties of the EU, in contrast to ordinary international treaties, established a new legal order with its own institutions, in favor of which states limited their sovereign rights in increasingly wide areas, the subjects of which are not only member states, but also their citizens. The active development of integration processes taking place within the framework of the EU leads to further convergence and closer interaction of the national legal systems of the member states with the EU, as a result of which the circle of legal relations, which are legally regulated by the norms of EU law, is expanding. A key role in the proper functioning and implementation of these norms (EU law) is played by the specific procedure of their implementation into the national law of the member states, which is understood as the process of transposition of the norms of EU law, including the creation of the order and procedures for their introduction into the national legal systems of the member states. With the deepening of European integration, the constitutionalization of EU law began: the founding treaties evolved from a set of agreements binding only on member states to founding treaties that provide the basis of a single legal regime. This regime grants rights and imposes obligations on all public and natural persons on the territory of the EU, since the norms of the founding treaties have direct effect and absolute supremacy, forming a kind of integration legal system. Currently, there is a close connection between EU law and the national legislation of the EU member states. The impact of EU law on the national legal systems of candidate countries for EU membership is indisputable. These trends suggest that while the emergence of Community (now Union) law has given rise to a new legal order, distinct from national law, these historically distinct legal orders now form a common legal system. [ABSTRACT FROM AUTHOR]

Marine plastic pollution (MPP) has posed an unavoidable challenge to the conservation of marine ecosystems, escalating at an unprecedented rate. It extends beyond visible pollution, infiltrating the food chain and microcirculation, ultimately affecting the life and health of marine organisms. Of even greater concern is the fact that MPP has been found to penetrate human bloodstreams. The international community increasingly focuses on MPP, and has formulated a series of laws and regulations. This article analyses marine pollution prevention legislation within the context of international environmental resolutions and conventions, including those established by the United Nations, the European Union law and the domestic legislation of sovereign states. It is evident that the current legislation has played a pivotal role in the preventing MPP. However, global legislation on preventing MPP remains fragmented. The problems existing in the current legislation should be reviewed from the holistic systems perspective, and the integrity and systematicness of new plastics convention should be demonstrated. The proposed Marine Plastics Convention should emphasize environmental justice, protect the rights of vulnerable populations, lower the threshold for risk prevention, and focus on addressing residual risks. It must include clear provisions for regulating hydrosphere plastic pollution (HPP) to mitigate land-based pollution and scientifically define fundamental legal concepts to foster coordinated action among States. Moreover, the convention should establish standardized monitoring methodologies and assessment criteria to ensure accurate evaluation of the pollution status. [ABSTRACT FROM AUTHOR]

This article examines the specifics of legal liability for violations of the legal regime of sanitary protection zones in Ukraine, as well as the main directions for improving the relevant legal regulation. Sanitary protective zones perform an important security function in separating potentially harmful objects from places of residence and stay of people. In this regard, a special legal regime is established on their territories, which provides for significant restrictions on their economic use. Non-compliance with the established requirements regarding the legal regime of sanitary protection zones is the basis for bringing guilty persons to legal responsibility. Currently, there are no special provisions in the current legislation of Ukraine regarding liability for violations of the legal regime of sanitary protection zones. In this regard, legal responsibility for illegal actions in this area is covered by sanctions for committing violations in the field of environmental protection of a “general nature” (violation of sanitary standards; arbitrary occupation of a plot of land; violation of environmental safety rules; design or operation of structures without protection systems environment; violation of land use rules, etc.). Therefore, there is a need to formalize the composition of offenses that are already provided for in the normative legal acts on the regulation of the legal regime of lands of sanitary protection zones, the codification of legislation on administrative responsibility for violations in the field of environmental protection, the introduction of special sanctions for violations of the legal regime of sanitary protection zones zones, as well as the unification of relevant provisions of Ukrainian legislation with the law of the countries of the European Union. [ABSTRACT FROM AUTHOR]

The article is devoted to the issues of transport statutes as sources of transport law of Ukraine, their validity and ability to effectively regulate social relations in the field of railway, road, and inland water transport, taking into account the changes that have occurred in social, political and socio-economic life over the past time on the restoration of Ukraine’s independence in 1991. The author analyzes the formal preservation of the validity of the relevant legislative acts of the Soviet era, taking into account the normative legal acts adopted in 1991 on a legal succession of Ukraine. The author emphasizes that from a formal and legal point of view, the transport statutes of the Soviet era remain valid, however, due to the contradiction of a significant part of their norms with the legislation adopted later, these normative legal acts are increasingly losing their legal influence on social legal relations and are subject to the action of such a phenomenon as “forgetting the rules of law”. At the same time, it was noted that proposals to abandon transport statutes in favor of a cumbersome codification of transport law norms (by raising the norms of statutes to the level of law) are irrational since an overly detailed Transport Code of Ukraine or codes of laws in the fields of road, rail or inland water transport will not be simple in use and will not meet the technical and legal requirements to the law. As a result, the author concludes that transport statutes in general are necessary regulatory legal acts. Still, their current editions are to a large extent morally outdated and such that they urgently need a radical revision to bring them into line with the changed norms of the legislation of Ukraine and take into account the need for adaptation of the national legal system to the law of the European Union. Thus, the application of their current editions in practical activities should be carried out after a thorough legal examination for the relevance of certain provisions. [ABSTRACT FROM AUTHOR]

Mandatory human rights due diligence (mHRDD) laws are currently being proposed and/or implemented in countries around the world. Increasingly, these laws place obligations on corporations to establish or participate in corporate grievance mechanisms (CGMs). CGMs have the potential to ensure that rightsholders are empowered to hold corporations accountable for their human rights performance. But our limited knowledge of how CGMs operate indicates that many are not producing results that are valuable for workers and communities. CGM provisions in mHRDD laws in Germany and Norway, and draft laws produced in the European Union and Brazil are rudimentary and unlikely to produce better-performing CGMs. Analysis of Norwegian mHRDD corporate reporting identifies that many corporations fail to understand the basic elements of an effective CGM. The article therefore argues that requirements for CGMs in mHRDD laws will only be a progressive move if such laws also demand disclosure of information that empowers national authorities, as well as civil society actors and researchers, to scrutinize CGMs to ensure they are effective. Disclosure requirements must speak to three issues: (1) how accessible CGMs are, (2) the way complaints are handled, and (3) the remedies provided to rightsholders. If, as a result of scrutiny of this data, mHRDD laws can produce well-functioning CGMs, this could lead to rightsholder concerns becoming more central to due diligence processes, potentially addressing cosmetic compliance with due diligence obligations. [ABSTRACT FROM AUTHOR]

On 11 April 2024, the European Union (EU) adopted a new Environmental Crime Directive (ECD) that departs from how the relationship between administrative law and criminal law has previously been defined in EU law. According to the revised ECD, a conduct shall be deemed unlawful when it is in 'manifest breach of relevant substantive legal requirements' – even when there is compliance with an administrative permit. With this, the new ECD has de facto created autonomous environmental crimes. This is revolutionary, as in most legal systems criminal liability is not possible if an operator complied with the conditions of a permit. This article argues that this legal development is welcomed as a way to ensure effective environmental criminal enforcement. The question that remains open, however, is how the concept of 'manifest breach of relevant substantive legal requirements' will be translated by the Member States during the transposition of the amended ECD into national law. It is argued that it is especially important to find a formulation that can be reconciled with the legality principle, requiring the conditions for criminal liability to be specified in a clear and specific manner whilst ensuring that environmental crimes are held to account. [ABSTRACT FROM AUTHOR]

The paper analyzes possible ways of protecting artificial intelligence systems and their elements with the help of intellectual property law from the perspective of European Union law. This paper deals with copyright law, patent law and sui generis database protection in relation to artificial intelligence systems. The paper begins with an analysis of whether and how an artificial intelligence can be protected by means of copyright. The author analyzes the European Union's copyright acquis and concludes that the elements of the Al system, as well as the entire artificial intelligence system, that are implemented in software, can be protected by copyright as a computer program if the originality requirements are met. However, the originality requirement is unlikely to be met in all cases in this context. The same issue with the originality requirement applies to potentially possible copyright protection of artificial intelligence systems as databases. Therefore, it is concluded that the fulfillment of copyright requirements for protection of an artificial intelligence system must be established in each particular case. The author also considers whether patent law is applicable to protect artificial intelligence systems. For this purpose, the provisions of the patent law of the European Union, in particular, of the European Patent Convention, are analyzed. The author concludes that the artificial intelligence system may be patentable as a "computer-implemented invention" in case all the requirements for patent protection are met. Sui generis database protection is also considered as an additional possibility for legal protection of artificial intelligence systems, taking into account that its applicability is limited to the European Union. Whether sui generis database protection is applicable to the artificial intelligence system should be decided on a case-by-case basis. [ABSTRACT FROM AUTHOR]

Copyright of Wirtschaft und Wettbewerb is the property of Fachmedien Otto Schmidt KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Wirtschaft und Wettbewerb is the property of Fachmedien Otto Schmidt KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Over the years, Carbon Capture and Sequestration (CCS) has been recognized as a crucial element in the toolkit of measures to combat climate change. At the European Union (EU) level, CCS plays a vital role in climate policy, particularly in reducing CO2 emissions from hard-to-abate industries. However, no comprehensive legal framework covers all stages of CCS. These stages include carbon capture techniques, transportation by ships or pipelines, injection, site closure, and post-closure management. Each of these stages is regulated by different legal frameworks that address various topics such as geoengineering, climate change, industrial activities, property, transportation, port operations, waste management, dumping, health, and the environment. Critical legal questions remain unanswered, such as who is liable for discharges in the marine environment during the transportation of CO2 by ships and for the long-term management of sub-seabed storage sites. As the transportation of CO2 by ships will likely have transboundary implications, we explore the legal possibilities, limitations and risks associated with exporting CO2 streams for sequestration under the sub-seabed. [ABSTRACT FROM AUTHOR]

In this paper, I offer a way to measure the stringency of climate change legislation for macro-comparative studies using publicly available data. The paper is innovative in that it examines the complex interrelationship between national, subnational, and supranational legislation using data from the FaoLex database on environmental laws and policies. It is also novel in that it conducts a contextualized comparison that takes into account different national conditions for climate change policies. The resulting index is the Gross Potential Impact (GPI), which is a measure of the stimulus of legislation before taking into account implementation issues. To demonstrate the validity of the index, findings from case study research on the European Union's 2020 and 2030 climate and energy frameworks are used. The rest of the paper presents the GPI for 21 OECD countries for the period between 1990 and 2020. [ABSTRACT FROM AUTHOR]

The article critically evaluates the controversial technology i.e. geo-blocking, through two related prisms, digital copyright (in particular, audio-visual services) and, EU Competition Law. Two EU Regulations are key to this analysis: the Portability Regulation and the Geo-blocking Regulation. Compellingly, there are both contradictions and tensions between these two Regulations when it comes to copyright-protected services. The discordant legislative provisions are not the sole quandary; the General Court’s ruling in the Groupe Canal + case is generally anti-geoblocking in tone. By ruling against absolute territorial protection in the context of pay-TV licences, the General Court indirectly challenges the geo-blocking clauses in the aforementioned licences. While the CJEU annulled the General Court’s decision on grounds of proportionality, concerns relating to the fate of geo-blocking clauses in licensing agreements still prevail. An analysis of the two contradictory Regulations and the Groupe Canal + judgment suggests an apparent diminishing role for geo-blocking technology in the context of copyright-protected audio-visual services. However, vigorous lobbying efforts by the audio-visual sector introduce an element of uncertainty, meaning that the rescission of the copyright carve-out in the Geo-blocking Regulation is not a foregone conclusion by any means. [ABSTRACT FROM AUTHOR]

This article questions the absence of clear reflexivity and positionality in EU migration law research and it explores how they could be integrated through the real-life example of its author. While they are not usually part of the methodological tools of researchers in EU migration law, this article intends to show that they might be crucial to better understand its underlying processes. As EU migration law has a major influence on the lives of both migrants and those who research it, reflexivity and positionality could be a way for a dialogue to be acknowledged between them as part of the research itself. This article is presented as an ‘exploration’ rather than a theoretical contribution strictly following regular academic structures. As such, it is mostly articulated as a narrative using extended metaphors to convey the entanglement between the state of mind of the researcher and the evolution of her research process. [ABSTRACT FROM AUTHOR]

Legislation produced under the EU Commission's Better Regulation Agenda sometimes fails to achieve the Treaty obligation to ensure a high level of health protection in all EU policies and activities. Public health advocates have raised the question of whether EU law can be employed to challenge this apparent breach of Treaty obligations at the proposal preparation stage, compelling the Commission to amend prospective EU legislation so that it better protects health. This article will demonstrate that unfortunately this is not possible due to the justiciability of both Article 168 TFEU and the Better Regulation Agenda. However, this awareness can help public health advocates to re-focus their efforts on strategies that will likely have a greater impact in swaying the direction of EU health policy. [ABSTRACT FROM AUTHOR]

European administrative networks (EANs) are an increasingly prominent form of European Union (EU) governance. Although these networks are typically portrayed as important and flexible forms of organization, we lack knowledge of their temporal dimension, including their development in times of crisis. This paper provides a first analysis of network interaction as it unfolds before and during times of severe crisis for the EU internal market. Specifically, we examine interactions in the EU internal market network SOLVIT. This network offers member states both a formalized procedure for the bilateral resolution of cases of alleged misapplication of EU law, and an informal network for general discussions on internal market topics and SOLVIT‐related matters beyond specific case‐resolution. Based on unique three‐wave survey data, we develop a continuous‐time model (stochastic actor‐oriented model) to analyze the evolution of SOLVIT's informal interactions over time. In explaining these developments, we reflect on the importance of two crises: the exit of a central SOLVIT member (the United Kingdom), which drove informal interactions to a great extent, and COVID‐19, which led to great sudden uncertainty and challenges for the implementation of internal market law. Our results show that the network is remarkably stable and despite, or rather because of, these crises, has become denser over time. [ABSTRACT FROM AUTHOR]

The judgements of the Court of Justice of the European Union play a fundamental role in shaping the EU acquis. The relevance of this study lies in their impact not only on the law enforcement practice within the Union, but also on the trends in the development and amendment of the EU regulations. Considering the above, the purpose of this study was to determine the role of judgements of the Court of Justice of the European Union in shaping the law of the European Union and the legal systems of the candidate states. The methodological framework of this study was based on general scientific and special research methods, such as analysis and synthesis, induction, interpretation, formal logical, and comparative legal methods. The study established the existence of a link between the structural and functional evolution of the Court of Justice of the European Union and the increasing weight of its judgements; the study identified the channels of influence of its judgements on the establishment and development of European Union law. The study outlined the current challenges faced by the judges of the Court of Justice of the European Union and which affect the efficiency of its work. Based on the analysis of the judicial practice of Ukraine and Moldova regarding the use of judgements of the Court of Justice of the European Union, the study substantiated the general significance of judicial precedent in the context of European integration of the candidate states, as well as potential problems of their widespread use in the judicial practice of these states. The practical significance of the findings obtained is that they can be used in educational programmes for training specialists in the field of European law, to develop strategies and policies aimed at integrating candidate states into the EU, ensuring their compliance with the legal standards of the Union

This article discusses why EU economic (competition and internal market) law is hospitable to and can be enriched by socio-legal and critical insights about the instability of the economic/non-economic distinction, the unavoidable plurality of market arrangements as shaped by legal regulation, as well as the distributive effects of the said arrangements. The proneness of EU economic law to critical insights can be ascribed to: its subject matter, as law in this area maps upon everyday market experiences; the casuistic development of EU law; the wide scope of EU economic law, which interferes with arrangements understood as non-economic; the non-outcome-determinative character of EU law. Through discussion of two CJEU decisions - a competition decision dealing with selective distribution (Coty) and an internal market decision on the regulation of AirBnb (Cali Apartments) - I illustrate how more explicit deployments of socio-legal and critical approaches can enrich EU economic law and specifically its teaching. [ABSTRACT FROM AUTHOR]

This paper adds to the existing knowledge on migration and the law by empirically exploring the legal consciousness of 33 refugees and asylum seekers in Greece, more specifically, by discussing how their experiences, self‐identity and expectations of the law inform their reactions to the restrictions imposed upon them. The findings suggest that (1) legal knowledge is acquired in the countries of origin and from contact with smugglers, other migrants, law enforcement agents and staff from NGOs; (2) this knowledge allows them to forge an identity as “rights‐bearers,” which (3) together with perceptions and expectations of human rights law and European Union policies on migration, (4) empower them to claim protection from the Greek state, and (5) legitimizes their actions, even if these sometimes involve subterfuge. Despite their particularly vulnerable positions, refugees and asylum seekers are, therefore, not mere passive receivers of state power, but also try to use the law to overcome adversity, in an almost game‐like fashion. [ABSTRACT FROM AUTHOR]

This essay articulates both empirical and historical insights of a distributive analysis, which entails presenting a critical intervention in a legal field dominated by a mainstream scholarly or policy view that is both ideologically tainted and empirically inaccurate. The transition from distributive consequences to what critical scholars refer to as a distributive analysis is a strategic intervention within each specific legal field that ought to be historicised. This article shows how the application of a distributive analysis to two canonical case studies in consumer law and gender discrimination as two distinct and relatively marginal fields in European Union law developed through the jurisprudence of the European Court of Justice. Finally, this article questions whether a distributive analysis, without a theoretical grounding in critical theory, is sufficient to ensure that it is not only an empirical tool but also committed to not perpetuating the existing inequalities within the liberal or neoliberal foundations of the European legal order. [ABSTRACT FROM AUTHOR]

This essay reflects on how the Marxist commodity-form theory of law can inform approaches to EU climate law. The commodity-form theory understands law as a central social relation in the capitalist mode of production. The essay combines this theory with a Marxist analysis of the relationship between capitalism and nature, arguing that the inherent features of capitalism are the root cause of the climate crisis. Applying this to the European Union, the essay argues that its response to the climate crisis tends to reinforce the structural features of capitalism that have led us to the brink of catastrophic climate change. The commodity-form theory offers a sceptical view of law and argues that it must be used strategically as part of a broader movement seeking to transcend capitalism. [ABSTRACT FROM AUTHOR]

One of the core pathways under the European Green Deal to achieving climate neutrality by 2050 is ensuring a secure, resilient and sustainable supply of the critical raw materials needed for a net zero economy. The emphasis on supply, however, risks overlooking conflicts that critical raw material mining may give rise to, including land disputes, social unrest and displacement of local communities, which, in the case of some Member States, involves indigenous people and perpetuates colonial legacies. These conflicts are polycentric in the sense that they are formally independent of actions under the European Green Deal but still create a complex cause-and-effect relationship that involves a vast number of unrepresented but relevant interests. Mapping these relationships requires addressing colonialism – past and present – as well as the role of indigenous communities in EU law, and the significance of sustainability in supplying resources for the functioning of the internal market. [ABSTRACT FROM AUTHOR]

Geographical indications are generally signs indicating that the quality, reputation or other characteristics of a product essentially originate from a specific geographical place. Two different systems have been adopted worldwide for the protection of geographical indications. One of them is the independent (sui generis) protection system accepted by EU and treats geographical indications as a separate intellectual property right. The other system, adopted by the United States, is based on the protection of geographical indications under trademark law. Indeed, a compromise had been found in Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) which outlines the minimum rules for geographical indications and it is stated that countries are free to choose one of the systems. While geographical indications and trademarks have some functional similarities, they have fundamentally differents aspects. Therefore, general regulations of trademark law can be applied to geographical indications in the system which protects these signs under trademark law, but in contrast, for the system that considers geographical indications as a separate intellectual property right, it is seen that they are subject to quite different regulations other than trademarks. In this respect, based on EU and US law, the features and differences of both systems are examined and the advantages and disadvantages of those systems are tried to be revealed in this study. [ABSTRACT FROM AUTHOR]

The 2020 amendment to Act numbered 4054 on the Protection of Competition introduced the possibility of concluding an investigation by the Competition Authority with a commitment. Here, if the undertaking, which is the subject of the examination, proposes to change its behaviors regarding the competition concerns and the Board accepts this, the examination is concluded without a finding of infringement. In this respect, the commitment is essentially related to public sanction policy. However, investigations that result in commitments will inevitably have consequences in terms of private law and especially in terms of liability for damages. This is because the commitment, if any, does not eliminate the unlawful behavior. For this reason, liability for damages may also arise in the event that an examination results in a commitment. However, this situation brings along some problems in terms of private law proceedings. In this context, there are various uncertainties on the issues such as whether an action for damages can be filed upon the commitment decision, the effect of the commitment decision and the documents in the preliminary investigation/investigation file on the burden of proof and the value of evidence. In this study, after outlining the theoretical principles of the commitment, the central issues and solution proposals regarding the effect of the commitment decision on the action for damages are discussed by taking into account the scientific opinions and current judicial practice in European Union competition law. [ABSTRACT FROM AUTHOR]

Decontamination is a controversial but under-explored aspect of EU food hygiene law. This article provides a first step towards developing a theory on decontamination in EU food law. It distinguishes decontamination using chemical substances or microorganisms from decontamination using processes such as irradiation. Mostly, decontaminants will be processing aids. As long as it is safe, the use of processing aids to decontaminate products of plant origin is free under EU law. However, substances used for the decontamination of products or animal origin must be authorised, either under Regulation 853/2004 or – for example – as biocides. Ascertaining the scope of the legislation on irradiation is challenging. Processes not considered irradiation and not applied prior to 1997 may bring treated products within the ambit of the Novel Foods Regulation. [ABSTRACT FROM AUTHOR]

Introducing this issue, the present article notes how the growing political importance given to foresight in EU governance has so far only sparked limited interest among scholars of EU law and policy‐making. To address this gap, the article starts by clarifying concepts and defining the key terminology at the intersection between (strategic) foresight and EU governance 'in the law' (involving societal actors in law‐making processes) and 'through law' (governmental actors steering society via law). It then offers a comparative discussion of the main insights of the contributions to the issue, highlighting how and why foresight has become institutionalised and how it operates across EU institutions today. In the concluding section, the article turns to the future and calls for more research into how foresight shapes EU governance, setting a research agenda for the study of foresight as a practice informing law‐ and policy‐making in the European Union. [ABSTRACT FROM AUTHOR]

This article examines the foundational principles and methodologies of foresight and their integration into EU policy‐making. It explores how foresight can improve policy analysis to create future‐ready, resilient decisions amid uncertainties. By synthesising empirical evidence and interpreting multifaceted issues through an interdisciplinary lens, foresight provides EU policymakers with tools to make informed decisions that remain adaptable in the face of unpredictability. The author argues that foresight, through comprehensive analysis of trends, uncertainties and potential challenges, can guide policymakers in forming future‐focused strategies. Key foresight methods emphasised include horizon scanning, systems analysis, stakeholder engagement and scenario planning. The article advocates a holistic policy approach, urging analysts to acknowledge biases and assumptions while integrating diverse perspectives. Concluding with a framework for responsible policy‐making, the article argues that foresight can shape evidence‐based, inclusive and transparent strategies, ensuring that the EU will be prepared for unpredictable futures. [ABSTRACT FROM AUTHOR]

The European Union is blighted by a style of governance, EU police, which holds that the Union better balances different interests and values than other arenas but which is, in practice, distorted by anti‐redistribution and status quo biases. To combat it, this article proposes a principle of European democratic authority that would found EU legal authority and condition domestic legal authority. This principle holds that, to warrant authority, measures should satisfy the values, goods and processes associated with liberal social democracies and the particular democratic commitments Union membership requires: democratic imagination, political belonging and mutual betterment. This principle would be institutionalised by two further principles. Justified disobedience would set out the conditions when EU laws without European democratic authority could be disobeyed. Democratic regard would require all domestic actors to be guided by the European democratic authority principle and to disregard domestic obligations that had failed to address it. [ABSTRACT FROM AUTHOR]

This article seeks to probe the controversial relationship between seeking asylum and the permission (or obligation) to work. In doing so, we recognise the concurrent claims that can be made for asylum and access to the labour market, problematising the concept of 'work' and its relationship to freedom and dignity from the perspective of international refugee law and European human rights norms alongside European Union (EU) law. We examine how British and Swedish legal systems have reflected two starkly opposed policy stances. The UK has long denied asylum seekers the financial and psychological benefits that come with work usually until refugee status is formally granted, but the Swedish system has facilitated a complementary pathway for asylum seekers whose labour can make (what is determined politically to be) a sufficient contribution to the economy. We identify the perceived benefits and failings of each strategy. In this context, we observe that the status quo in both countries is changing and even arguably converging around an illiberal consensus regarding the relationship between asylum and work, which will demand further attention and potentially legal challenges in the years to come. [ABSTRACT FROM AUTHOR]

This article provides an overview of the Northern Ireland protocol and its implementation three years after its announcement. It explores the legal mechanisms of the protocol and how recent developments, such as the Windsor Framework, have impacted the status of EU law in Northern Ireland and Great Britain. The Windsor Framework introduces changes in areas like customs, agri-foods, VAT and excise, medicines, and governance. The article also offers background information on the Northern Irish legal order and the history of the protocol. It discusses the Withdrawal Agreement, the Northern Ireland Protocol, and the REUL Act in relation to the post-Brexit legal order, highlighting their significance in domestic law. [Extracted from the article]

Numerous studies have looked into why and how EU-supported policies are adopted in non–EU member states. However, the practical implementation of such policies has only received modest scholarly attention. This article shows that EU policies, once adopted, continue to be negotiated and resisted during their implementation phase. Based on interviews with experts involved in twelve Twinning projects in Georgia, this article aims to uncover the mechanisms behind less successful compliance with the EU acquis: insufficient administrative capacity and the politicized nature of public administration are likely to significantly affect the degree to which EU law is implemented. [ABSTRACT FROM AUTHOR]

In response to the Russian invasion of Ukraine, the European Union (EU) has adopted a vast range of unilateral sanctions (or 'restrictive measures') targeting almost every facet of the Russian economy. These events mark a turning point in the EU's approach to sanctions. In a brief timespan, the EU's sanctions practice has expanded significantly in its scope, reach, and hard-line political discourse, aligning more closely with the assertive stance of the United States. The collateral effects of these sanctions have reverberated globally, raising questions about their proportionality. This article explores the legal boundaries framing EU sanctions, examining the principle of proportionality across EU law, World Trade Organization (WTO) law, and customary rules on State responsibility. Through a detailed analysis of the various proportionality standards present in these legal regimes, it seeks to determine the adequacy of existing legal safeguards against a potential misuse of sanctions and addresses key challenges in regulating EU sanctions within the framework of proportionality. [ABSTRACT FROM AUTHOR]

This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of April 2024 and the end of June 2024. Out of a total of 231 judgments decided in this period, 26 had a contract law dimension. [ABSTRACT FROM AUTHOR]

The manuscript discusses the evolution and some relevant legal issues pertaining to the legal figure of reverse factoring, focusing, in particular, on the European context. In the first place, while developing a comparative analysis of some important national regulatory settings, the paper aims to investigate how different contract laws, through the combination of general principles and special provisions, attempt to address critical issues and potential abuses connected to the use of reverse factoring schemes, such as, most notably, the coercion of parties into entering such schemes. On the other hand, the elements drawn from the comparative analysis are meant to be framed within the dimension of EU law, in order to reconstruct potential regulatory hypotheses and solutions at the EU level, also in the light of fairness concerns which, in the EU internal market and especially from the side of Small and Medium Enterprises, arise from the widespread use of reverse factoring, mostly revolving around exploitation of small-sized suppliers by powerful buyers. [ABSTRACT FROM AUTHOR]

If European Union (EU) member states realise differentiations in EU Treaties, what effect do we see on public and political support for future integration? We argue on the basis of a two-tier integration theory and postfunctionalism that differentiations of member states do lead to a preference for slower future integration by its citizens and parties. Once citizens and parties are used to opting out, they demand more of the same in the future. We test our arguments with time-series cross-sectional data for 1994–2018 on all voluntary primary law opt-outs in the EU. Our panel matching estimates demonstrate that opt-outs decrease integration support. After a differentiation, parties become more Eurosceptic on average and publics express a lower preference for future integration. This suggests that differentiated integration is not a cure against Euroscepticism that leads to a unified EU in the future but rather reinforces two-tier integration. [ABSTRACT FROM AUTHOR]

Over the past decade, the Single Supervisory Mechanism (SSM) has pioneered supranational governance in Europe, becoming a leading example of shared administration. Despite challenges, including legal and institutional hurdles, the SSM has proven to be a robust framework for rigorous banking supervision. This article reviews its achievements and explores the legal, supervisory, and political obstacles that remain. [ABSTRACT FROM AUTHOR]

The EU 's recent adoption of a comprehensive legislative package on AML creates a new regulatory, supervisory and institutional framework for AML in the EU, with two keyfeatures. First, a wide range of uniform requirements will constitute a Single AML Rulebook and help creating a true level-playing field across the EU. Second, a new EU authority, the AMLA, will have a variety of significant tasks and powers, including towards so-called "selected obliged entities. After summarising the historical context in which the new package is to be seen, this article summarises the key features of the new Single AML Rulebook. It thereupon deals with the key role that the AMLA plays in the new AML supervisory system, focusing amongst others on the AMLA 's supervisory, investigative and sanctioning powers. [ABSTRACT FROM AUTHOR]