European Public Law: EU eJournal最新文献_第10页

Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law 通过损害赔偿指令实现零敲碎打的协调?论欧盟竞争法私人执法中受到太少关注的问题

European Public Law: EU eJournal Pub Date : 2015-12-31 DOI: 10.2139/ssrn.2866244

Anna Piszcz

引用次数: 5

Tax Legislation and the Notion of Fiscal Aid – A Review of Five Years of European Jurisprudence 税收立法与财政援助概念——欧洲法理学五年回顾

European Public Law: EU eJournal Pub Date : 2015-12-22 DOI: 10.2139/ssrn.2707049

W. Schoen

引用次数: 18

The Future of the Constitutional Welfare State in Europe from the Irish Perspective 从爱尔兰的视角看欧洲宪政福利国家的未来

European Public Law: EU eJournal Pub Date : 2015-12-04 DOI: 10.5771/9783845272481-123

D. Phelan

引用次数: 0

Social Justice in an Ever More Diverse Union 一个更加多样化的联盟中的社会正义

European Public Law: EU eJournal Pub Date : 2015-12-01 DOI: 10.1017/9781108235174.005

C. Joerges

{"title":"Social Justice in an Ever More Diverse Union","authors":"C. Joerges","doi":"10.1017/9781108235174.005","DOIUrl":"https://doi.org/10.1017/9781108235174.005","url":null,"abstract":"The ‘European Social Model’, ill-defined and under-theorised as it may be, is widely perceived as the great looser in the political and institutional re-configuration of the European integration project which we have witnessed under the impact of the financial crisis. The state of social Europe is indeed deplorable. The turn to austerity politics has not only led to the imposition of rigid ‘structural reforms’ on countries of the European South, but reflects a general retreat from the welfare state commitments which were until recently understood as a common European legacy. The search for a preservation and renewal of that legacy must not focus exclusively on topical claims and urgencies. It will have to include an exploration of potential failures in the design of the European project and the conceptual frameworks which have guided its praxis. The critical reconstruction in this paper reveals continuities, discontinuities and missed opportunities. EMU as established by the Maastricht Treaty and complemented by the Stability and Growth Pact is identified as a turning point: a break with the integration through law tradition which nevertheless failed to open avenues for legitimate political and economic governance. Under economic emergency of the financial crisis the commitment to the financial stability of the Eurozone as a whole necessitated the imposition of austerity measures. After the legalisation of Europe’s crisis politics by the Pringle and Gauweiler judgments with their recognition of wide discretionary powers of the ECB in its understanding and implementation of Europe’s monetary policy, it has become more difficult than ever to overcome the barriers against renewed efforts to strengthen the social dimension of the integration project.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116091001","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}

引用次数: 5

Suspected Terrorists’ Rights between the Fragmentation and Merger of Legal Orders: Reflections in the Margin of the Kadi ECJ Appeal Judgment 法律秩序分裂与合并之间的恐怖嫌疑人权利:对欧洲法院卡迪上诉判决边缘的思考

European Public Law: EU eJournal Pub Date : 2015-11-25 DOI: 10.2139/SSRN.2694103

C. Drăghici

引用次数: 2

Internal Enlargement in the European Union: Beyond Legalism and Political Expediency 欧盟内部扩张:超越法律主义和政治权宜之计

European Public Law: EU eJournal Pub Date : 2015-10-19 DOI: 10.2139/ssrn.2676025

Neil Walker

引用次数: 10

Roam Like at Home: Balancing Political Objective with Heterogeneity of Mobile Costs and Usages in Europe 像在家一样漫游:平衡欧洲移动成本和使用异质性的政治目标

European Public Law: EU eJournal Pub Date : 2015-09-21 DOI: 10.2139/ssrn.2677253

Laure Jaunaux, Philippe Deniau, M. Lebourges

引用次数: 0

Minimum Harmonisation and Article 16 CFR: Difficult Times Ahead for Social Legislation? 最低协调与CFR第16条:社会立法的艰难时期?

European Public Law: EU eJournal Pub Date : 2015-09-20 DOI: 10.2139/SSRN.2663044

M. Bartl, Candida Leone

引用次数: 2

The Presumption and Quantification of Harm in the Damages Directive and the Practical Guide 损害赔偿指令与实务指南中损害的推定与量化

European Public Law: EU eJournal Pub Date : 2015-09-01 DOI: 10.2139/ssrn.3718942

Marios Iacovides

{"title":"The Presumption and Quantification of Harm in the Damages Directive and the Practical Guide","authors":"Marios Iacovides","doi":"10.2139/ssrn.3718942","DOIUrl":"https://doi.org/10.2139/ssrn.3718942","url":null,"abstract":"One of the beneficial innovations for claimants introduced by the EU Competition Damages Directive is the rebuttable presumption of harm in cartel cases enshrined in Article 17(2). Especially for follow-on claimants, i.e. claimants who base their case on a cartel case that has already been brought successfully by the European Commission or by a national competition authority, the presumption of harm will be of the greatest utility. Not having to prove the infringement, nor that the cartel has resulted in some harm, will leave them with the need to only show loss, causation and quantum. Stand-alone claimants will need to prove the infringement of EU (or national) competition law in addition to that. The estimation of the quantum of damages in competition law cases can be costly in terms of time, effort and resources, due to the complexity of the economic data and the methods of transforming it into legally meaningful indicators of damage. The estimation is also inherently speculative, since it involves a counterfactual. Although the existence of harm and its quantification are two distinct elements of a successful claim for damages, the benefits from the former depend to a great extent on the latter. This was realised by the drafters of the Directive, who included in Article 17 an obligation on national courts to estimate the harm and an option for national competition authorities to assist in its calculation. In this paper, I discuss the relationship between the presumption of harm and its quantification, and by extension also the relationship between the Damages Directive and the Practical Guide on Quantifying the harm. As shown in the paper, it is doubtful that the presumption of harm in cartels will make much practical difference in the case law. The positive impact will instead come from the national courts’ power to estimate the harm, and the national competition authorities’ possibility to assist therewith. ","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133745747","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}

引用次数: 0

The Regulatory Cooperation Chapter of the Transatlantic Trade and Investment Partnership: Institutional Structures and Democratic Consequences 跨大西洋贸易和投资伙伴关系的监管合作章节:制度结构和民主后果

European Public Law: EU eJournal Pub Date : 2015-08-26 DOI: 10.1093/jiel/jgv026

A. Alemanno

{"title":"The Regulatory Cooperation Chapter of the Transatlantic Trade and Investment Partnership: Institutional Structures and Democratic Consequences","authors":"A. Alemanno","doi":"10.1093/jiel/jgv026","DOIUrl":"https://doi.org/10.1093/jiel/jgv026","url":null,"abstract":"The Transatlantic Trade and Investment Partnership (TTIP) has the potential to remake political and legal relationships between the EU and the US and pave the way to a new form of global economic governance based on international regulatory cooperation. In particular, TTIP presents an historic opportunity for the European Union and the United States to remove regulatory divergence – today’s most prominent obstacle to trade exchanges –, thereby increasing economic growth for the citizens of both polities. Yet, the EU and the US have been attempting to reduce trade barriers since the 1970s. Despite decades of co-operation, EU and US policymakers too often fail to mutually understand each other’s positions, giving rise to regulatory differences. As an international agreement predicted to contain a Horizontal Chapter – an innovative approach to international trade treaty-making containing a framework for future bilateral regulatory cooperation –, TTIP has the potential to transform this impasse, if approached correctly. The envisaged chapter would provide a ‘gateway’ for handling sectoral regulatory issues between the EU and the US, including by addressing both legislation and non-legislative acts, regardless of the level at which they are adopted and by whom. Yet with great promises come challenges too.This article focuses on the structure, scope, discipline, institutional design, enforcement and implementation of the envisaged horizontal chapter, often defined Regulatory Cooperation Chapter. In so doing, it addresses some of the concerns currently raised by civil society, in particular the fear of a ‘race to the bottom’ that may stem from the operation of this chapter and provides some recommendations.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131027626","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}

引用次数: 39