Legal Issues of Economic Integration最新文献_第6页

The Future of EMU Architecture Post-COVID 新冠肺炎后欧洲货币联盟架构的未来

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-12-01 DOI: 10.54648/leie2020018

D. Fromage

引用次数: 1

Towards Increasing Unity and Continuing Executive Predominance Within the E(M)U Post-COVID? covid - 19后欧盟内部加强团结和持续执行优势?

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-12-01 DOI: 10.54648/leie2020022

D. Fromage

{"title":"Towards Increasing Unity and Continuing Executive Predominance Within the E(M)U Post-COVID?","authors":"D. Fromage","doi":"10.54648/leie2020022","DOIUrl":"https://doi.org/10.54648/leie2020022","url":null,"abstract":"The eurocrisis led to significant reforms being conducted in the field of the European Union’s (EU’s) Economic and Monetary Union (EMU). In this framework, Member States executives, and Heads of States and Governments meeting in the European Council especially, played a key role, although the European Central Bank was long the ‘only game in town’. As a result of this and other evolutions witnessed over the past decade, the gap between euro area and EU28(7) appeared to be ever-widening when the COVID-19 pandemic broke out. This article analyses the institutional balance among E(M)U institutions in the immediate response to the pandemic, how this compares to the management of the eurocrisis, and how it may be expected to play out in the implementation of the measures adopted. It finds that, this time around, a wide range of EU institutions and bodies, and the Member States, mobilized swiftly and that Member States executives played a key role again. It also shows that significant trends in favour of greater unity within the E(M)U exist.\u0000Economic and Monetary Union, European Banking Union, Executive predominance, Eurogroup, European Council, Euro Summit, Euro area, COVID crisis, eurocrisis","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91065771","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: 2

Trade Conflicts: Whither the WTO? 贸易冲突:WTO向何处去?

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-08-01 DOI: 10.54648/leie2020014

M. Bronckers

引用次数: 4

Book Review: The Regulation of E-cigarettes: International, European and National Challenges, Lukasz Gruszczynski ed. Edward Elgar Publishing. 2019. 书评:电子烟的监管:国际，欧洲和国家的挑战，Lukasz Gruszczynski编辑，Edward Elgar出版，2019。

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-08-01 DOI: 10.54648/leie2020017

Elisabet Ruiz Cairó

引用次数: 0

From the Board: Short-term and Long-term Trade Responses to COVID-19 来自执董会:短期和长期贸易应对COVID-19

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-08-01 DOI: 10.54648/leie2020013

引用次数: 1

An Assessment of the Judgment of the Federal Constitutional Court of Germany On the Public Sector Asset Purchase Programme of the European Central Bank 德国联邦宪法法院对欧洲央行公共部门资产购买计划判决的评析

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-08-01 DOI: 10.54648/leie2020016

P. Nicolaides

{"title":"An Assessment of the Judgment of the Federal Constitutional Court of Germany On the Public Sector Asset Purchase Programme of the European Central Bank","authors":"P. Nicolaides","doi":"10.54648/leie2020016","DOIUrl":"https://doi.org/10.54648/leie2020016","url":null,"abstract":"The Federal Constitutional Court (FCC) of Germany has invented a new and impossible test of proportionality to declare as ultra vires the judgment of the Court of Justice of the European Union in Weiss. Instead of understanding proportionality as the least interventionist means of achieving a certain policy objective, it defines it as the balancing between conflicting policy objectives which in this case are monetary and economic policy. This is not the concept used by the Court of Justice. This definition of proportionality is intended as a substitute for the principle of conferral and whether the European Central Bank (ECB) encroached on economic policy. However, if monetary policy is to be effective, it must impact economic policy. Had the ECB attempted to balance monetary and economic policy effects, it would have infringed Article 127(1) TFEU that requires that the support of economic policy by the ECB is without prejudice to price stability which is the objective of monetary policy. The Federal Constitutional Court did not appreciate the significance of the fact that the ECB buys public bonds from private investors and that the interjection of private investors deprives Member States from the ability to sell unlimited amounts of bonds at prices that would enable them to run indefinite budget deficits.\u0000Monetary policy, economic policy, proportionality, ECB, public sector asset purchase programme","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87929880","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

Reconceptualizing the Primacy–Supremacy Debate in EU Law 欧盟法中首要-至上之争的重新定义

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-08-01 DOI: 10.54648/leie2020015

Tomi Tuominen

{"title":"Reconceptualizing the Primacy–Supremacy Debate in EU Law","authors":"Tomi Tuominen","doi":"10.54648/leie2020015","DOIUrl":"https://doi.org/10.54648/leie2020015","url":null,"abstract":"The practical effects of the principle of primacy of EU law are well established in the case law of the Court of Justice of the European Union (CJEU). However, the highest national courts have had difficulties in coming to terms with the principle. Does the primacy of EU law also entail the ‘supremacy’ of EU law, and what is the significance of this for national sovereignty? There seems to be no coherence in the academic discussion on how to use the terms primacy and supremacy and what they actually entail. This article presents a reconceptualization of the way in which the terms primacy and supremacy could be understood in EU law. It is argued that they are two distinct concepts: primacy refers to actual conflicts between a national norm and an EU norm in situations concerning individual rights, whereas supremacy refers to the structural relation between the EU’s and the Member States’ legal orders that manifests itself as institutional conflicts of competence. This article maps out the primacy–supremacy debate, assesses the proposed conceptualization in light of recent European and national case law, and positions the argument in relation to constitutional pluralism, the leading theory of European constitutionalism.\u0000primacy, supremacy, sovereignty, constitutional pluralism, Court of Justice, national courts, comparative constitutionalism, EU law, European integration","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76819312","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: 2

Technology Transfer Contracts and the TRIPS: Interpreting High and Low Consensus Norms 技术转让合同与TRIPS:高共识规范与低共识规范的解释

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-05-01 DOI: 10.54648/leie2020008

A. Davies

{"title":"Technology Transfer Contracts and the TRIPS: Interpreting High and Low Consensus Norms","authors":"A. Davies","doi":"10.54648/leie2020008","DOIUrl":"https://doi.org/10.54648/leie2020008","url":null,"abstract":"China’s rules and practices in relation to technology transfer have been of long-standing concern to its trading partners. These concerns are most strongly evident in the United States Trade Representative’s section 301 Report which foreshadowed the imposition of substantial increased tariffs on Chinese goods; a move which was quickly mirrored by China. This article subjects some of these concerns to legal scrutiny. Particular attention is given to China’s treatment of grantback clauses in technology transfer contracts which speak to the ownership of improvements made to licensed technology. China’s outgoing and recently revised rules are evaluated under two questions. The first is whether China’s rules are discriminatory contrary to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) national treatment obligation. The second is the extent to which states are free under the TRIPS to interfere with freedom of contract in technology transfer. The article identifies a shift as between the two questions from high consensus, to low consensus norms. While the prohibition on discrimination must be strictly interpreted and applied, other TRIPS provisions which touch upon the control of anti-competitive practices in technology licensing, do not remotely reflect a stable international consensus. Interpretations of these provisions should therefore seek to accommodate different approaches, rather than presume that they reflect and prioritize one approach to the exclusion of others.\u0000technology transfer, technology licensing, grantback clauses, TRIPS, national treatment","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83513380","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

From the Board: The EU–UK Future Relationship: A Trade or Governance Agreement? 欧盟与英国未来关系:贸易协定还是治理协定?

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-05-01 DOI: 10.54648/leie2020005

Vidigal

引用次数: 0

Promoting Green Energy Through EU Preferential Trade Agreements: Potential and Limitations 通过欧盟优惠贸易协定促进绿色能源:潜力与局限

IF 0.6

Legal Issues of Economic Integration Pub Date : 2020-05-01 DOI: 10.54648/leie2020006

G. M. Durán, Ilaria Espa

{"title":"Promoting Green Energy Through EU Preferential Trade Agreements: Potential and Limitations","authors":"G. M. Durán, Ilaria Espa","doi":"10.54648/leie2020006","DOIUrl":"https://doi.org/10.54648/leie2020006","url":null,"abstract":"This article aims at assessing the potential and limitations of preferential trade agreements (PTAs) in safeguarding countries’ efforts to promote renewable energy (RE). In particular, it explores whether and to what extent PTAs recently concluded by the European Union (EU) have addressed the main shortcomings found under the World Trade Organization (WTO) law. Namely, the fact that WTO rules are currently too stringent on the use of RE subsidies while too lenient on the use of trade remedy measures against RE technologies. It argues that EU PTAs could and should have gone further with regards to both subsidy and trade remedy disciplines that enable RE promotion, substantively as well procedurally, while still remaining WTO-compatible. The article further finds that much of the potential of EU PTAs has remained untapped due to inconsistency in policy practice, which reflects the lack of a coherent, ambitious and forward-looking negotiating strategy on the part of the EU. The article concludes by identifying which approach to RE promotion in PTAs is preferable and should be consistently pursued by the EU in future negotiations.\u0000Climate change mitigation, renewable energy promotion, WTO law, green policy space, preferential trade agreements, EU","PeriodicalId":42718,"journal":{"name":"Legal Issues of Economic Integration","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81074824","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: 1