Croatian Yearbook of European Law and Policy最新文献

{"title":"The New EU Space Regulation: One Small Step or One Giant Leap for the EU?","authors":"L. Orešković, Sonja Grgić","doi":"10.3935/cyelp.17.2021.454","DOIUrl":"https://doi.org/10.3935/cyelp.17.2021.454","url":null,"abstract":"","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121703863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Book Review: EU Trade Law, Rafael Leal-Arcas","authors":"O. Svoboda","doi":"10.3935/CYELP.16.2020.367","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.367","url":null,"abstract":"International trade is currently going through turbulent times. In response to the increasing paralysis of the World Trade Organization (WTO) during the last decade, we have witnessed a rise of megaregional free trade agreements, and their fall, too.2 The European Union (EU) plays a crucial role in this development as one of three leading global trade powers and a proponent of the liberal economic order. However, it seems that the EU with von der Leyen’s new ‘geopolitical Commission’ has to adapt to the circumstances, as free trade faces a resurgence of nationalism and protectionism and as the liberal economic order shifts towards a geo-economic order associated with the decoupling of the US and China. Regardless of the political, economic and even security pressures emerging from these developments, the EU trade policy known as the Common Commercial Policy (CCP) is regulated by complex internal rules set by the Founding Treaties of the EU. These rules are the subject of a new book entitled ‘EU Trade Law’ by Rafael Leal-Arcas, Professor of European and International Economic Law and Director of Research at Queen Mary University of London.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"47-48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121347892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rethinking the Binary Federal Theory: A Search for the EU’s and ASEAN’s Place in the Confederal-Federal Dichotomy","authors":"Fran Marko Stojković","doi":"10.3935/CYELP.16.2020.378","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.378","url":null,"abstract":"This paper argues that the traditional binary federal theory, which distinguishes between concepts of confederation and federation, is not adequate for explaining the legal nature of various unions of states. In reaching such a conclusion, the paper first defines the traditional federal theory. It presents how both the concepts of a federation and a confederation, with all their associated characteristics, derive from the old absolute understanding of sovereignty. The unitary constitutional theory, which is the only constitutional theory compatible with this notion of federalism, is also explained. Afterwards, the legal structures of two very different integrational projects, the EU and ASEAN, are examined in the light of the traditional federal theory with the aim of concluding whether these entities are confederations or federations. It is suggested how and why ASEAN easily fits into the confederal category, while the EU defies both the federal and confederal box. From the results of such an analysis, a conclusion is drawn on why the theory is inadequate to explain the legal nature of certain unions, such as the EU. It is claimed that the theory, which is based on the idea of absolute sovereignty, has failed to readapt itself to the existence of unions of states in which absolute sovereignty is wholly absent. The paper concludes with a brief discussion on how the theory should be reformed to better fit the legal reality. It is suggested that a more spectral view on federalism is needed, either some brand-new one or the one conceptualised by James Madison back in the 18th century. \u0000Keywords: sovereignty, confederation, federation, federal theory, European Union, Association of Southeast Asian Nations. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: FM Stojkovic, ‘Rethinking the Binary Federal Theory: A Search for the EU’s and ASEAN’s Place in the Confederal-Federal Dichotomy’ (2020) 16 CYELP 61.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117161882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The European Union’s Rule of Law Promotion in the Western Balkans: Building a Rule of Law Constituency","authors":"Nedim Hogic","doi":"10.3935/CYELP.16.2020.377","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.377","url":null,"abstract":"This paper deals with the failures in the promotion of the rule of law in the six countries of the Western Balkans that are in different stages of their EU accession process. Drawing on concrete examples from more than two decades of rule of law promotion through the enlargement circles, the paper identifies the different evolutionary stages of this undertaking. It finds that the current dominant paradigm of rule of law conditionality concerning the benchmarking of progress in the areas of Chapters 23 and 24 of the acquis fails to tackle state capture as the main structural obstacle to the rule of law in the Western Balkans. The paper proposes that this situation is to be improved by re-imagining rule of law promotion as an effort focused not merely on standards but on building a rule of law constituency. Four different approaches to rule of law promotion that have been less frequently used so far are offered: legal mobilisation, institutional strengthening, the politicisation of anti-corruption, and economic development. The paper concludes with reflections on the realistic reach of the proposed interventions into efforts to promote the rule of law, arguing that while imperfect they remain necessary in order for the project to succeed. \u0000Keywords: European Union, rule of law promotion, Western Balkans, corruption, economic development. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: N Hogic, ‘The European Union’s Rule of Law Promotion in the Western Balkans: Building a Rule of Law Constituency’ (2020) 16 CYELP 197.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128275644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial Note: Recovery Plan and Rule of Law Conditionality: A New Era Beckons?","authors":"T. Tridimas","doi":"10.3935/CYELP.16.2020.380","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.380","url":null,"abstract":"Editorial note: Takis Tridimas, Professor of European Law, Dickson Poon School of Law, King’s College London, and Professor and Nancy A Patterson Distinguished Scholar, Pennsylvania State University \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: T Tridimas, ‘Editorial Note: Recovery Plan and Rule of Law Conditionality: A New Era Beckons?’ (2020) 16 CYELP VII.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134186439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Interaction Between the EU’s Climate Change Objectives and Its State Aid Regulation in the Area of Renewable Energy","authors":"D. Vuletic","doi":"10.3935/CYELP.16.2020.374","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.374","url":null,"abstract":"This paper analyses the interaction between the EU’s climate change objectives and its state aid regulation in the area of renewable energy through the chronology of the adoption of the EU’s key policy documents and related legislation. The EU’s state aid rules impose certain restrictions on the public financing of renewable energy, which is crucial for reaching the EU’s climate change objectives in due time. The paper identifies four challenges in this respect. The ultimate challenge for the EU is how to reconcile science, the market economy and energy politics. Another challenge for the EU was the diverging national energy policies before the ‘energy title’ was introduced in the Lisbon Treaty. The third challenge for the Commission is how to move the climate change issues up to the top decision-making level. The final challenge is the state aid framework that supports climate change mitigation, whose upcoming changes should address the gap between ambition and reality. The paper aims to assess the policy consistency of the EU’s climate change legislation in order to determine whether the EU’s credibility as a ‘green leader’ is just nominal. The notion of ‘nominal green leader’ is related to the consistency of the EU’s climate change legislation which seems not to have had the expected effect determined by the Kyoto Protocol and Paris Agreement. The paper brings the ambitious policies face to face with the data on state aid provided for climate and energy targets and compares them with the technological expectations in renewable energy deployment. The question that arises is whether it is time for the EU to balance the understanding of ‘common interest’ more towards climate change mitigation at the expense of certain elements of competition policy. \u0000Keywords: climate change, competition, electricity generation, internal market, renewable energy, state aid. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: D Vuletic, ‘The Interaction Between the EU’s Climate Change Objectives and Its State Aid Regulation in the Area of Renewable Energy’ (2020) 16 CYELP 319.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"2019 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115616648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environmental Justice and European Union Law","authors":"L. Krämer","doi":"10.3935/CYELP.16.2020.369","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.369","url":null,"abstract":"The contribution examines to what extent European Union environmental law has directly or indirectly contributed to environmental injustice in the EU Member States. It examines one by one the different environmental legislative acts which the EU has adopted in order to find out whether minorities have been treated or were allowed to be treated differently from the rest of the population. It concludes that the existing environmental injustice within the EU is not due to the environmental legislation that was adopted by the EU, but rather due to its application in practice. The contribution indicates ways to improve the present situation, but concludes that changes for the better are likely to take time. \u0000Keywords: EU environmental legislation, ethnic minorities, environmental discrimination, citizen rights, better application of laws, Roma people. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: L Kramer, ‘Environmental Justice and European Union Law’ (2020) 16 CYELP 1.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125777508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Statelessness in the Context of the Migration Crisis in Europe: A Growing Challenge for the International Community","authors":"Agata Szwed","doi":"10.3935/CYELP.16.2020.373","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.373","url":null,"abstract":"Statelessness remains a secondary topic in the debate on the migration crisis that has been raging across Europe since 2015, but it will certainly come to the fore in the near future. This paper draws attention to the issue of limited social and scholarly interest in statelessness in the context of the present migration crisis. The research explores how Syrian, Iraqi and Afghan nationality laws (as the majority of protection seekers come from these countries) regulate the issue of acquiring citizenship and why this gives rise to the problem of statelessness. The paper concludes that the lack of interest in the issue of statelessness is a growing challenge for the international community and requires systemic action. A ‘stateless generation’ may never become part of any society, which may in turn give rise to social conflicts in the countries of current residence. The author concludes by putting forward some suggestions for solving this problem from global, regional, state and civil society perspectives. \u0000Keywords: statelessness, migration crisis, refugee crisis, asylum, international law. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: A Szwed, ‘Statelessness in the Context of the Migration Crisis in Europe: A Growing Challenge for the International Community’ (2020) 16 CYELP 301.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129451651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"One Step Forward, Two Steps Back: The EU and the Western Balkans After the Adoption of the New Enlargement Methodology and the Conclusions of the Zagreb Summit","authors":"Uros Cemalovic","doi":"10.3935/CYELP.16.2020.372","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.372","url":null,"abstract":"Montenegro and Serbia are stuck in the EU accession negotiations, while, with Albania and North Macedonia, the perspective of their future course is very unclear. Between still relatively fluid elements of the new enlargement methodology presented in February 2020 and quite a weak political impulse given by the Zagreb Declaration adopted in May 2020, the potential accession to the EU of the four Western Balkans candidate countries remains not only uncertain, but seems even less realistic than it was after the Thessaloniki Summit in 2003. The paper shows how, just in the first five months of 2020, the path of the Western Balkans towards EU accession has managed to go one timid step forward and two solid steps back. First, some elements of a novel approach to accession are encouraging, but remain imprecise, often inapplicable and subject to potential divergent interpretation. Second, maintained top-down conditionality, combined with internal difficulties of all Western Balkans countries and their high adjustment costs to meet membership criteria could lead to the crumbling of pro-European consensus and a decline of democracy. Finally, the Conclusions of the Zagreb Summit mentioned neither accession nor membership in the EU, confirming the wavering political support for enlargement among Member States. The main methods used in the paper are content analysis and the comparative legal method, while the analysis of the Montenegrin and Serbian case provides evidence for the correlation between the weaknesses of the Zagreb Declaration and the hypothesised second step back in the accession process. \u0000Keywords: EU enlargement, Western Balkans, conditionality, accession criteria, law approximation. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: U Cemalovic, ‘One Step Forward, Two Steps Back: The EU and the Western Balkans After the Adoption of the New Enlargement Methodology and the Conclusions of the Zagreb Summit’ (2020) 16 CYELP 179.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"80 7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134069134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Clash of the Titans: The Impact of Weiss on the Future of Judicial Conflicts in the EU","authors":"L. Orešković","doi":"10.3935/CYELP.16.2020.376","DOIUrl":"https://doi.org/10.3935/CYELP.16.2020.376","url":null,"abstract":"The paper deals with the recent Weiss/PSPP decisions of the Court of Justice of the European Union and the German Federal Constitutional Court, attempting to contextualise these decisions within previous conflicts between these two courts. The FCC’s case law is studied through the perspective of three different types of reviews it developed: fundamental rights review, ultra vires review and constitutional identity review. Then, a detailed analysis of the Weiss and PSPP cases is given in order to understand the repercussions of the first case in which the FCC officially exercised its proclaimed competences and declared the CJEU and ECB’s decisions as ultra vires, undermining fundamental principles of the EU legal order. This act could potentially lead to significant changes in current mechanisms of resolving disputes between the highest courts of the EU and national legal orders. Finally, the future of judicial conflicts is discussed through the analysis of the Weiler/Sarmiento model and the system (or lack of system) of resolving the conflicts currently in place. The paper concludes by highlighting that the Weiss/PSPP decisions could very well be those that finally stimulate a long-needed solution. \u0000Keywords: judicial conflicts, Bundesverfassungsgericht, judicial review, economic cooperation, Weiss, PSPP. \u0000  \u0000 \u0000This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. \u0000  \u0000Suggested citation: L Oreskovic, ‘Clash of the Titans: The Impact of Weiss on the Future of Judicial Conflicts in the EU’ (2020) 16 CYELP 245.","PeriodicalId":137938,"journal":{"name":"Croatian Yearbook of European Law and Policy","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130700978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}