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The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.
This book provides a range of perspectives from some of the leading environmental academics and practitioners active in Europe today on some of the most pressing contemporary challenges in EU environmental law and governance. The book considers issues such as climate change, the challenge of integrating environmental considerations into other policy areas, and improving environmental enforcement within the EU. The book contains contributions from experts in the field including Mary Robinson, Alan Boyle, Ludwig Kramer and Liam Cashman, and will be of interest to academics, students and practitioners of EU environmental law.
The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.
Dated December 2007
With gender equality so prominent in public debate, this timely book reviews the impacts of gender mainstreaming on political, social and cultural issues around Europe. It explores the origins and evolution of mainstreaming, the theory’s contribution to gender equality legislation so far and its potential to drive change in the future. Drawing on extensive data, the book compares and contrasts progress in various European countries, taking into account the multidimensionality of gender equality. Finally, the book considers the limits of gender mainstreaming amid economic, migration and political challenges. This important book is a welcome contribution to discussions about gender equality in European societies looking at the interplay of policies, culture and public opinion.
From the first appearance of the term in law in the Clean Water Act of 1972 (US), ecological integrity has been debated by a wide range of researchers, including biologists, ecologists, philosophers, legal scholars, doctors and epidemiologists, whose joint interest was the study and understanding of ecological/biological integrity from various standpoints and disciplines. This volume discusses the need for ecological integrity as a major guiding principle in a variety of policy areas, to counter the present ecological and economic crises with their multiple effects on human rights. The book celebrates the 20th anniversary of the Global Ecological Integrity Group and reassesses the basic concept of ecological integrity in order to show how a future beyond catastrophe and disaster is in fact possible, but only if civil society and ultimately legal regimes acknowledge the necessity to consider ecointegrity as a primary factor in decision-making. This is key to the support of basic rights to clean air and water, for halting climate change, and also the basic rights of women and indigenous people. As the authors clearly show, all these rights ultimately depend upon accepting policies that acknowledge the pivotal role of ecological integrity.
The Covid 19 pandemic has revealed the need to verify the existing principles of functioning of public authorities, in relation to various decision-making processes, both at the conceptual level and at law implementation. The action of the legislator and public administration towards the society and the economy is conducted using peculiar instruments to control the public administration system. These instruments are likely to be of a public or private law nature. This book takes a comparative approach to examine the issues related to digital transformation in the times of a pandemic regarding the use of public-law instruments in Poland and the wider European context. In particular, the research aims to identify what stage the development of digital solutions in the state's organization and its authorities has reached, including the organization of public administration; what the has pandemic changed. Exploring the concepts of digital transformation, pandemic and public-law instruments, it provides an analysis of European and national public-law instruments using digital solutions, security and cybersecurity during a pandemic, and concrete issues such as public administration, health protection and social security, economic activity and the system of public finances, and education during the pandemic is performed. Establishing whether particular solutions are durable and to what extent they create a certain standard of response to a threat, it makes recommendations for determining which of the existing solutions is useful for the functioning of the state and its organs and facilitates the performance of their tasks.
This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States’ interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments – both legislative and jurisprudential – from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.
This book maps out the moral, legal and societal issues brought forth by the use of autonomous systems such as AI and smart robots in outer space. Humanity is on the brink of a new space era in which projects for permanent human colonies on the Moon and space missions with autonomous AI systems will soon become a reality. Principles and provisions of international space law fall increasingly short in tackling this scenario. Experts and institutions have recommended improvements to the legal framework, such as new international agreements, or policies that would not require any amendment to conventional law. Most of the time, such proposals and recommendations overlook the challenges posed by technology and how autonomous and intelligent systems in outer space require moral and legal standards of their own. This book argues that the traditional focus on satellite communications, space-related services, and the appropriability of celestial resources needs to be integrated by new laws of outer space regulating cybersecurity law and environmental law, data governance and consumer protection. The new laws of outer space will increasingly concern the development of new standards for the behaviour and decision-making of AI systems and smart robots, with and without humans aboard deep space missions and in next-generation colonies. What laws shall govern us out there, in a new terra incognita? This is the question that the book sets out to answer.
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.