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Ebru Turhan - The European Council Decisions Related to Turkey's Accession to the EU

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Ebru Turhan

The European Council Decisions Related to Turkey's Accession to the EU

Reihe: Studies on the European Union

Band 7 2012

Treffer in den folgenden Teilen:

Economic Interests S. 268-290

„… we must compliment Turkish politicians.852 5.1.2. Economic Interests In order to illuminate whether …” „… economic interests of the EU played to some degree a decisive role in the decision of the European Council …” „… study makes a comparative analysis of Turkey’s level of fulfillment of the Copenhagen economic criteria …”

Economic Interests S. 89-99

„… . Economic Interests 3.1.2.1. Problems Faced by the Community The Turkish application had been submitted to …” „… global economic turmoil of the 1970s had immense effects on the economic and political policies of the …” „… system, rising petroleum prices, high levels of inflation, interest rates and unemployment in the Member …”

Interests vs. Norms: the European Council Decisions Related to Turkey’s Accession to the EU S. 348-362

„… enlargement, which led to the identification of “security interests” and “economic interests” as two leading …” „… process. In terms of economic interests and moral norms, the EU level analysis found out that between 2000 …” „… explanatory variables, i.e. security interests, economic interests, ethical norms and moral norms, contributed …”

Neoliberalism & Liberal Intergovernmentalism: EU Enlargement as a Response to Welfare-Related and Other Issue-Specific Interests in an Interdependent World S. 48-57

„… the structure of state interests and anarchy is accompanied by the influence of economic …” „… thinking, economic interests primarily define the limits of cooperation. However, these approaches do not …” „… 48 cerns and interests and thereby prevent or at least ameliorate their domination by stronger …”

Acknowledgements S. 7-14

„… Policy-Making 84 3.1.1.3. What Comes Next? Europe After German Reunification 88 3.1.2. Economic Interests 89 …” „… 3.2.2.1. Security Interests Framings 121 3.2.2.2. Economic Interests Framings 123 3.2.2.3. Ethical Norms …” „… Turkey 210 4.2.2.1. Security Interests Framings 218 4.2.2.2. Economic Interests Framings 225 4.2.2.3 …”

Frame Analysis of Government Statements on Turkey S. 328-347

„… of Greek economic data might have temporarily decreased the Greek interest in EU enlargement process …” „… their arguments quite regularly on security and identity framings, whereas economic interests framings …” „… interests, economic interests, moral norms and ethical norms, within the context of Turkey’s EU membership …”

Frame Analysis of Government Statements on Turkey S. 116-130

„… throughout this study. Thus, “security interests”, “economic / net welfare benefits” as part of the socalled …” „… as the economic interests framings were concerned, particular emphasis was put on the prioritization …” „… / Blockage of Turkey’s relations with the EU as a leverage 22 Economic Interests Lack of a developed …”

Frame Analysis of Government Statements on Turkey S. 210-237

„… previously defined main frames, i.e. economic interests, security interests, moral norms and ethical norms. A …” „… Europe 2 Economic Interests Lack of a developed economy 1 2 2 1 Ethical Norms (Turkey’s …” „… as a platform for the resolution of Greece’s security conflicts 59 Economic Interests Lack of …”

Economic Considerations S. 147-166

„… the interest rates in 1999. However, various factors such as economic crisis in Brazil, general …” „… 147 4.1.2. Economic Considerations Were economic considerations on the part of the EU behind the …” „… ? In other words, did the domestic economic circumstances in Turkey change so immensely within just two …”

The Analytical Puzzle S. 23-28

„… ” and “economic interests”, respectively, for the elucidation of EU enlargement. On the other hand …” „… both economic interests and various norms such as Turkey’s adherence to liberal democratic principles …” „… September of that year, Turkey and the European Economic Community (EEC) signed the Agreement Establishing …”

Preface S. 21-22

„… emphasizes the key role of “security” interests and “economic” interests in the construction of actors …” „… both economic interests as well as moral and ethical norms. Only at times when securityrelated …” „… European Economic Community; the 1997 European Council decision not to grant formal candidacy to Turkey …”

Realism & Neorealism: EU Enlargement as a Response to Security and Power Calculations S. 39-48

„… rationalists and constructivists concerning the peculiarities of interests and norms in international relations …” „… : while constructivists treat the interests and norms of the actors as endogenous to interaction (i.e …” „… . agents’ interests and norms are created and can be re-shaped by the mechanism of social interaction), for …”

Theoretical Closing S. 362-365

„… and neoliberalism, which emphasizes the key role of security interests and economic interests in the …” „… results of EU level analysis and indicates that security interests of the EU and Member States have also a …” „… motivated by self-interest, for many constructivists it is collective norms and understandings that …”

Longitudinal Comparative Analysis Supported by Within-Case Studies S. 70-76

„… power of security interests, economic interests, ethical norms as well as moral norms in justifying …” „… security architecture in different episodes, as perceived by the EU. In terms of economic interests, this …” „… party system, the interest group system and political stability by making a comparative analysis of …”

Current Explanations S. 32-37

„… interests, economic interests, moral norms as well as ethical norms are identified and interest-oriented and …” „… , which emphasizes the key role of “security” interests and “economic” interests in the construction of …” „… variables, i.e. “security” interests, “economic” interests, “moral” norms and “ethical” norms for the …”

„… for accession to the Community the intensification of political and economic links between Turkey and …” „… accession negations with this country. The chapter evaluates the impacts of interests and norms on EU …” „… . The Rejection of Turkish Candidacy: the Implications of Interests and Norms for EU Enlargement …”

„… linguistic, historical, cultural, economic and political ties with the SEE and taking the interests of …” „… Helsinki: the Implications of Interests and Norms for EU Enlargement Politics 4.1.1. Security-Related …” „… integrate the countries of the SEE into the structures of the EU and to promote the processes of economic …”

„… other side it means that we must compliment Turkish politicians.852 5.1.2. Economic Interests In order …” „… to illuminate whether economic interests of the EU played to some degree a decisive role in the …” „… the accession negotiations with Turkey. The chapter assesses the implications of interests and norms …”

Bibliography S. 369-404

„… Committee for the Study of Economic and Monetary Union (1989), Report on Economic and Monetary Union in the …” „… the Association between the European Economic Community and Turkey and on measures to be taken for …” „… , http://laborsta.ilo.org/ Krüger, Anne O. (2004), Pursuing the Achievable: Macroeconomic Stability and Economic Growth in …”

The Roadmap of the Study S. 37-38

„… realism and neoliberalism, which emphasizes the key role of “security” interests and “economic” interests …” „… selected explanatory variables, i.e. “security” interests, “economic” interests, “moral” norms and “ethical …” „… then examines the question whether interest-based factors or normrelated dynamics shape selected Member …”

Implications for Future Research and Policy S. 365-368

„… . Implications for Future Research and Policy This study found out that security interests of the EU and its …” „… Turkey’s accession to the EU. Only at times when security-related interests of the Union and its Member …” „… identity, which gradually “othered” the Muslim societies. In light of its chancing security interests, the …”

Data Collection and Coding S. 79-81

„… means, “security interests”, “economic / net welfare benefits” as part of the so-called …” „… interest-dimension and 187 For the time frame 1987-1989 the terms “European Economic Community” / “European …” „… differentiated between 5 structural frames: conflict frame, human-interest frame, economic consequences frame …”

Member States’ Impacts on the Formation of European Council Decisions S. 110-116

„… about ‘economic’ fitness.292 A closer look at the Commission Opinion on Turkey’s Request for Accession …” „… a high number of Turkish citizens in these countries. Whereas Turkey’s political, economic and …” „… in Turkish aspirations to improve the economic and political relations with the Community within the …”

Theoretical Conclusions S. 67-70

„… . Neoliberalism/Liberal Intergovernmentalism Economic interests (net welfare benefits) in the absence of security threats …” „… Intergovernmentalism Economic interests (net welfare benefits) in the absence of security threats [H2b] Economically …” „… Realism/Neorealism Pursuit of power, security interests [H1] The EU and its Member States support the accession of …”

Research Questions and Research Design S. 28-32

„… , namely security interests, economic interests, moral norms as well as ethical norms are identified and …” „… decisions, economic and monetary policies, external relations and constitutionalization of European …” „… emphasis on interests, ethical norms stemming from identities as well as from cultural, social and …”

Frame Analysis S. 76-79

„… could tell us about the role of interest-based factors such as security interests and economic …” „… ? And did interest-based factors or norm-related dynamics shape selected Member States’ politics …” „… preferences of government representatives based on numerous interests and/or norms. Regula Hänggli and …”

Turkey’s Adherence to Union’s Moral Norms: an Assessment in Light of the Copenhagen Political Criteria S. 178-195

„… which both parties sought to accomplish their self-centered interests. Whereas Erbakan wished to join …” „… RP in economic policy-making in Turkey and its recognition as “the most obvious or visible sign of …” „… under pressure from the Turkish military as well as influential interest groups. His resignation has …”

Turkey’s Adherence to Community’s Moral Norms S. 104-110

„… promotion of liberal democratic values to the realization of economic interests in this era. How- 271 …” „… economic integration into the European structures and the obtainment of macroeconomic stability in the …” „… economic relations between the Parties, while taking full account of the need to ensure an accelerated …”

Turkey and the European Identity S. 290-301

„… be one of the foremost countries that carried out governance reforms in the financial and economic …” „… , http://ec.europa.eu/public_opinion/archives/eb/eb63/eb63_en.htm 935 Lauren M. McLaren (2006), Identity, Interests and Attitudes to European …” „… military capabilities. However, EU’s aim to enhance its political, cultural as well as economic dialogue …”

Turkey and the European Identity S. 99-104

„… focusing on common economic interests. On the other hand, next to this “internal” aspect of the Community’s …” „… ideological, social and economic matters, which were threatening their sovereignty and independence.255 The …” „… economic terms, next to the already achieved military integration…After the accession of Spain and Portugal …”

Turkey’s Adherence to Union’s Moral Norms S. 301-321

„… the so-called national interests and the adoption of the EU Acquis, particularly on the part of the …” „… the Turkish Foundation on Economic and Social Studies (TESEV) emphasized that the widespread …” „… Case 1980-2005”, Yapi Kredi Economic Review, Vol. 19, No. 1, pp. 67-84 982 Sumru Altug and Ünal …”

Member States’ Impacts on the Formation of European Council Decisions S. 195-210

„… new financial support package for the socio-economic development of the South Eastern Anatolia and …” „… the candidacy of Turkey under the same political and economic criteria and that sought to integrate …” „… German Interests in EU Enlargement, (New York: Royal Institute of International Affairs), p. 26 618 …”

Turkey and the European Identity S. 166-178

„… Union provided enormous economic and security-related benefits to these countries such as the unlimited …” „… to promote economic and social cohesion within the EU through the reduction of imbalances between …” „… . On the other hand, economic and security-related benefits were difficult to find when the advantages …”

doi.org/10.5771/9783845241661

Aikaterini Titi - The Right to Regulate in International Investment Law

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Aikaterini Titi

The Right to Regulate in International Investment Law

Reihe: Studien zum Internationalen Investitionsrecht

Band 10 2014

Treffer in den folgenden Teilen:

Essential security interests, economic crises and economic security S. 82-84

„… Essential security interests, economic crises and economic securityThe relationship between …” „… essential security interests and economic crisesmerits analysis, as one of the salient issues that have …” „… economic crises fall within the scope of a state’s essential security interests364,2.355 UNCTAD (2009a), op …”

General observations on essential security interests S. 78-82

„… (2009a), op cit., p. 7 and below, Essential security interests,economic crises and economic security.B …” „… Essential security interestsGeneral observations on essential security interestsMasked under …” „… application, addressing first the relationshipbetween essential security interests and economic crises, then …”

Essential security interests and access to strategic industries S. 84-88

„… interests378.A final question to be asked in this context is whether national securitymay comprise economic …” „… an essentialsecurity interest.In conclusion, although technically economic crises or economic …” „… economic security interests situation.Essential security interests and access to strategic industriesA …”

Necessity S. 237-257

„… security interests,economic crises and economic security.1314 Cf. Kalderimis, D. (2012), op cit., p. 10. On …” „… . 349. See also ChapterV, Essential security interests, economic crises and economic security.1325 ILC …” „… of state interests.X. The right to regulate beyond IIAs in general international law246Analysis of …”

Expropriation S. 281-288

„… clauses, tribunals show deference to host state interests?First, mention of legitimate state interests …” „… treatment of bothstandards.ExpropriationHost state legitimate interests have also figured in some arbitral …” „… cit.B. Arbitral jurisprudence and the legitimate interests of the host state281state intent relating to …”

The right to regulate and the preamble S. 115-122

„… interests:‘Desiring to develop the economic cooperation between the Parties;Desiring to encourage, create and maintain …” „… interpret preambles601, but in the absence of particular language on regulatory interests,these …” „… setting in place‘soft’ obligations that encourage a regulatory interests-friendly interpretation of IIA …”

The fair and equitable treatment S. 276-281

„… regulatory interests.To commence with the 2000 S.D. Myers Partial Award, in interpretingArticle 1105(1) NAFTA …” „… , will not be revisitedhere.Arbitral jurisprudence and the legitimate interests of the host …” „… , recent arbitral jurisprudence has tentatively started toreference the state’s regulatory interests, even …”

Introduction S. 19-31

„… so, they have significantly confined their policyspace. The pursuit of regulatory interests in …” „… economic growth, environmental protection, social and labour standards, culturalpolicy and the capacity to …” „… respond to situations of economic emergencies,has been circumscribed in order to give way to investment …”

Essential security interests S. 206-211

„… matters and cultural diversity.Essential security interestsAlthough far from being universal – exceptions …” „… the highest degree ofregulatory discretion: in contrast with other exceptions, covering interestsIX.A …” „… security interests(i) relating to the traffic in arms, ammunition and implements of war and to suchtraffic …”

Titelei/Inhaltsverzeichnis S. 2-14

„… regulatory interestsV. 76General observationsA. 76Essential security interestsB. 78General observations on …” „… essential security interests1. 78Essential security interests, economic crises andeconomic security2.82 …” „… in the public interestD. 99Concluding remarksE. 103Positive language on regulatory interestsVI. 104 …”

Regulation in the public interest S. 99-103

„… . 342, on essential security interests.V. Types of regulatory interests100purposes, the right to …” „… comprehend incommensurable interests or ‘universal values’, such as ‘good morals’or ‘ethics of international …” „… for this term that, like the previously-examinedessential security interests, may on occasion prove an …”

General regulatory clauses and the public interest (‘General exceptions’ modelled after Article XX GATT or the right to regulate by subject: the public interest) S. 173-188

„… .1007 See Chapter V, Essential security interests, economic crises and economic security.1008 Ibid.1009 …” „… formulations for specific standards of treatment and certain regulatory interests.General …” „… interestsGeneral exceptions modelled after Article XX GATT have the advantage ofsimplicity and clarity over …”

Public order (ordre public) S. 94-99

„… maycomprehend scenarios of very severe economic or political crises, naturaldisasters or epidemics446, whether …” „… security interests exception447. Circumstances of extreme emergency are likely to be a subset of essential …” „… security interests448 and, depending on the occasion, could satisfy the criteria for the invocation of the …”

General S. 195-201

„… of internationalpeace and security, or necessary to protect its essential security interests’.VIII …” „… having an equivalent effect1053. Theyare more eminently present in essential security interests clauses …” „… ,include self-judging exceptions for the protection of the state’s essential security interests. So …”

The right to regulate and expropriation S. 148-155

„… questioned774, and provision for the public interest among theseterms creates the illusion that the right to …” „… standards of treatment149However, the presence of a public interest in the expropriatory measure doesnot …” „… 776. But the thrust of the dilemma of howto reconcile the interests of investors and host states …”

Essential interests S. 88-90

„… industries407.Essential interestsA distinction needs to be drawn between essential security interests and …” „… essential interests. Although the two terms have sometimes been examinedinterchangeably as if forming a …” „… single regulatory interest408, the linguisticnuance between them does not appear to be inconsequential …”

Conclusion S. 298-304

„… interests, such as essential security interests, including economic security and access to strategic …” „… interest, to name but a few. Investment treaties endorse these interestswhen incorporating them in the form …” „… number of arbitrations involving security interests.Legitimate public policy concerns other than security …”

General remarks S. 169-173

„… security interests;(b) prevent a Party from taking an action that it considers necessary to protectits …” „… essential security interests:(i) relating to the traffic in arms, ammunition and implements of war andto …” „… standards of treatment and certain regulatory interests.General regulatory clauses and the public interest …”

Cultural exception, exception for cultural policy and the investment law context S. 224-233

„… Euro-MediterraneanAgreements, in Sampson, G. P. and Woolcock, S. (eds), Regionalism, Multilateralism, and Economic Integration …” „… of interest for thedevelopment and enhancement of European cultural and linguistic diversity1248.What …” „… remarksChapter IX examined exceptions drafted with respect to three particularregulatory interests. Commencing …”

Concluding remarks S. 103

„… interests figure with increasingfrequency in new IIAs and will inevitably be invoked in investor-state …” „… regulatory interests that most commonly arefound in IIAs with a view to demonstrating the interpretive …” „… clarifications. Essential state security is probably the mostimportant regulatory interest, and the discussion …”

The right to regulate and the contingent standards of treatment: most-favoured-nation treatment and national treatment S. 126-143

„… reflections andcontinues with a query into exceptions for regional economic integrationorganisations (REIOs …” „… not examined separately. Other exceptions for essential security interests and tax matters affecting …” „… itsmembership of, or association with, a customs or economic union, a commonmarket or a free trade area.(4) The …”

Bibliography S. 305-330

„… . (2008), BITs & Economic Crises: Do States Have Carte Blanche? inGrierson Weiler, T. J. (ed.), Investment …” „… , Multilateralism, and Economic Integration: The Recent Experience, Tokyo, NY, Paris: UN University PressBarboza, J …” „… Handbook ofInternational Investment Law, NY: OUPBjorklund, A. K. (2009), Economic Security Defenses in …”

Deference afforded at tribunal discretion S. 40-42

„… economic crisis before it may be allowed to qualify as a protected interest in some of the Argentine crisis …” „… security interests and economic crises.113 Burke-White, W. W. and Staden, A. von (2008), op cit., p. 370 et …” „… interests of the host state, and Markert, L. (2011), op cit., p. 158.107 See generally Titi, C. (2013a), op …”

Concluding remarks S. 188-189

„… standards, the ana-D.1007 See Chapter V, Essential security interests, economic crises and economic security …” „… ofessential security interests is not easily reconcilable with the nature of theseinterests and may induce …” „… treatment and regulatory interests and concluded that,to the possible exclusion of the contingent standards …”

Limiting the scope of investment protection S. 35-40

„… Interests of the Investor and the State, JWI&T 8, p. 729 et seq.and Kriebaum, U. (2008), Eigentumsschutz im …” „… Arbitration, JIDS 3 (1); Kulick, A. (2012),Global Public Interest in International Investment Law, NY: CUP, p …” „… Schill, S. W. (2007), International Investment Law and the Host State’s Powerto Handle Economic Crises …”

Circumstances of extreme emergency S. 94

„… maycomprehend scenarios of very severe economic or political crises, naturaldisasters or epidemics446, whether …” „… security interests exception447. Circumstances of extreme emergency are likely to be a subset of essential …” „… security interests448 and, depending on the occasion, could satisfy the criteria for the invocation of the …”

Concluding remarks S. 204-205

„… what effectively has beenunder review is Argentina’s response to a major economic crisis …” „… ; and it has been argued that it doubtful whether thesubjective interests of a state that perceives its …” „… judicially can override the assertion of a State that a dispute affects its securityor vital interests’1108 …”

The standard of review in the absence of a self-judging clause S. 202-204

„… faith test on this ground would be where a state invokes a threat to itsessential security interests in …” „… as the public order, essential security interests and public morality, would require wider boundaries …” „… crisis disputes that what effectively has beenunder review is Argentina’s response to a major economic …”

International peace and security S. 90-94

„… environment in that case ‘related to an “essential interest” of that State’420,the ICJ opened the …” „… would ecological damagealso fall within the purview of an essential security interests exception …” „… circumstances and thespecific provision under interpretation. In encompassing interests beyondthose tied to a …”

The standard of review of self-judging clauses S. 201-202

„… essential security interests exception. However, evenself-judging clauses do not completely oust arbitral …” „… by economic or political reasons, or where applicability of theexception finds no rational basis …” „… , such as in the event of a state claiming anessential security interests situation to protect against an …”

The nexus requirement S. 190-195

„… India-Singapore Comprehensive Economic Cooperation Agreement (CECA). Article 6.11 (General Exceptions) of that …” „… disclosure of which [a Party] considers contrary to its essential security interests’, ‘action which …” „… itconsiders necessary for the protection of its essential security interests […]relating to […]’, etc.) and an …”

The right to regulate: what’s in a name… S. 32-35

„… signifies freedom to engage in political,economic, legislative and other regulatory activity as the state …” „… regulatory interests’69. Althoughvery much resembling a genuine right to regulate, this case involves a …” „… interest cannot be carried out if adversely-affected businesses ‘may seek compensation’75. Compensation …”

Clarifications and interpretative statements S. 42-45

„… of itsown essential security interests’, goes on to clarify by means of examples whichmeasures it may …” „… interests andthe regulatory tasks of public authorities’.While EU Member State investment treaties have …” „… lengthy BITs and interpretive statements in an apparent attempt tobetter safeguard host state interests126 …”

WTO law, EU law and the European Convention on Human Rights S. 56-58

„… interests are not foreign to EUlaw either. In the context of the free movement of goods, Article 36 of …” „… restrictions on imports, exports or goods intransit for the protection of regulatory interests, such as public …” „… , prescribed bylaw, necessary in a democratic society, in the public interest, on grounds ofnational security …”

Arbitration as a perceived threat to state regulatory freedom S. 67-72

„… ’ intentions285, or condoning control of states’ economic and monetary policies by investor interests286 …” „… tension between investment protection and the states’ regulatory interests267, and, by the same token …” „… interests268. The paragraphs that follow review the role of arbitration in this matrix of …”

Exceptions versus reservations S. 50-52

„… -540582.html.170 Ibid.171 European Commission (2012), EU Canada Comprehensive Economic and TradeAgreement …” „… regulate discourse175, and inthe interest of legal clarity, this section will draw the line between …” „… altogether different animal,and therefore the term ‘exceptions’ appears more suitable. In the interest …”

Taxation S. 211-216

„… state1144. And although it is unclear that essential security interests exceptions will become …” „… relevant to investor-state disputes as often as exceptionscovering more prosaic public interests – although …” „… , General observations on essential security interests.1145 See Wälde, T. W. and Kolo, A. (2008), Coverage …”

The exception for cultural diversity S. 219-222

„… regulatory interest, in order to better evaluate its significance. The detailed excursus is warranted by this …” „… . This hybridnature is not recognised by the US, which, in contrast with Europe, relies on economic, at …” „… Economic Report on the Screen-based Production Industry in Canada, Ottawa Toronto Vancouver: CMPA, p. 69 …”

Introduction S. 216-219

„… party’s participation in a customs union, economic union or similar arrangement or on the basis of …” „… concluded, it should not interfere with any ofFrance’s essential interests and he went on to make the …” „… respect tothis often neglected regulatory interest, in order to better evaluate its significance. The …”

General remarks S. 125-126

„… interests covered.This approach, also possible for general regulatory clauses635, would haveB.1.630 E.g. see …” „… andcontinues with a query into exceptions for regional economic integrationorganisations (REIOs) and some …”

The right to regulate and the free transfer of capital S. 155-164

„… plurilateral treaties, so much inotably in the NAFTA826, some Asian economic partnership agreements827, the …” „… treatment161tion at the time of writing include the exception849. It is of interest to notethat the REIO …” „… agreement such as a free trade area, customs union, commonmarket, economic community, monetary union, e.g …”

General observations S. 123-125

„… and economic partnership agreements, in a distinct exceptions’ chapter applicable to the entire …” „… of the types of regulatory interests covered.This approach, also possible for general regulatory …”

doi.org/10.5771/9783845251783

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Martin Heidenhain

European State Aid Law

2010

Treffer in den folgenden Teilen:

Services of General Economic Interest S. 545-594

„… Interest § 28. Services of General Economic Interest A. Introduction and Overview of the Community Acquis …” „… . . . . . . . . . . . . . . . . . . . . . 1 B. Services of General Economic Interest in the EC Treaty …” „… . . . . . . . . . . . . . . . . . . . . 12 C. Services of General Interest Outside the Scope of the Competition Rules 17 I. Economic versus …”

State Aid pursuant to Article 87(3)(b) EC-Aid to Promote the Execution of an Important Project of Common European Interest or to Remedy a Serious Disturbance in the Economy of a Member State S. 245-254

„… ) EC – Aid to Promote the Execution of an Important Project of Common European Interest or to Remedy a …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Aid to Promote the Execution of an Important Project of Common European Interest …” „… execution of an important project of common European interest. The second alternative makes State …”

Sector Specific Rules S. 595-618

„… perspective, services of general interest in liberalised economic areas are of particular interest, since here …” „… Articles 3 ff of the Universal Service Directive. Chapter 7. Services of General Economic Interest 550 …” „… economic interest have traditionally played an important role in the context of postal services. Article …”

General Principles S. 493-498

„… towards services of a general economic interest1. As a matter of fact, the intensification of State aid …” „… term means that the term economic activity includes services of a general economic interest6. 4 …” „… notion of services of a general economic interest as opposed to services of a general interest, infra …”

Transparency Directive S. 499-504

„… economic interest (pursuant to Article 86(2) EC) and receive State aid related to these services and, on …” „… right, or operate a service of general economic interest and receive public service compensation …” „… costs imputable to the service of general economic interest and make it possible to check for …”

State Investments of Capital S. 119-149

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 I. The Appropriate Scope for the State’s Economic Activity, Rationality of Private Investors …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Literature: Abbamonte, Market economy investor principle: A legal analysis of an economic problem …” „… period, and it pays interest during such time period at a Leibenath 73 Reemers Publishing Services GmbH …”

Titelei/Inhaltsverzeichnis S. 1-46

„… ) ............................................................................ 493 Chapter 7. Services of General Economic Interest …” „… ..................................................................... 499 § 28 Services of General Economic Interest (Klasse …” „… ......................................................................................................... 19 G. Compensation for the Discharge of Services of General Economic Interest ........ 20 H. De …”

General Principles S. 59-67

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 G. Compensation for the Discharge of Services of General Economic Interest …” „… General Economic Interest45 21 The provisions of Articles 87, 88 EC are, as provided in Article 86(2) EC …” „… , applicable to undertakings entrusted with performing services of general economic interest, “in so far as the …”

Cross-Subsidisation S. 508-516

„… context of reserved sectors and undertakings entrusted with services of general economic interest25. In …” „… an undertaking entrusted with a service of general economic interest, and that the creation and …” „… Public Services 22 Cases relating to the overcompensation of services of general economic interest can …”

Public Funding of Infrastructure, Sales of Public Land and Buildings S. 177-188

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 IV. Obligations of General Economic Interest …” „… . Obligations of General Economic Interest 8 Insofar as the operators of infrastructures assume obligations of …” „… general economic interest the principles set forth by the ECJ in Altmark Trans 21 are applicable. In such …”

State Aid pursuant to Article 87(3)(c) EC – Aid to Facilitate the Development of Certain Economie Activitis or Certain Economie Areas – Horizontal Aid S. 255-359

„… ) EC – Aid to Facilitate the Development of Certain Economic Activities or of Certain Economic Areas …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Scope of application with respect to economic sectors . . . . . . . . . . . . . . 15 3. Period …” „… afloat. The economic efficacy of such aid is of course disputed.1 On the one hand, such aid tends to …”

The Concept of State Aid S. 68-106

„… parafiscal duties and in part from profits earned in private economic activities, grants an interest …” „… an Economic Advantage …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I. Economic Advantages …”

State Aid pursuant to Article 87(3) EC – Support of Certain Economie Activities or Economie Areas – Sectoral Aid S. 360-455

„… of general economic interest. The Commission determines whether a State intervention includes State …” „… general economic interest clearly defined as such by the Member State (definition) 51 The entrustment and …” „… of a service of general economic interest and receiving public service compensation in any form …”

Relation to Article 295 EC S. 539-544

„… purchase or sell shares or other interests in public or private undertakings. As such, neither …” „… especially attributed to the Commission, the Commission must respect Member States’ property interests in …” „… Article 295 EC does not provide for neutrality of the general economic policies in the community, the …”

State Liabilities S. 150-163

„… restricted to providing services of general economic interest.9 In order to ensure that the lender in fact …” „… with the general economic interest within the meaning of Article 86(2) EC. This means, however, that …” „… funding required to support a particular enterprise or economic sector. A credit institution selected by …”

State Aid and Public Procurement S. 837-862

„… rights in the context of procuring services of general economic interest. The exclusive right is granted …” „… subject to certain obligations to serve the public interest. When the services of general economic …” „… services of general economic interest. The Regulation distinguishes, for contracts falling within its scope …”

Basic Outline of State Aid Law S. 47-53

„… economic disadvantages borne by undertakings, may be deemed compatible with the common market in derogation …” „… preventing State aid that is contrary to the common interest of the Community, in order to protect …” „… its own political goals, in particular those involving structural, social or economic policy. This …”

General Block Exemption Regulation S. 465-492

„… sectors of economic activity within manufacturing or services23 and ad hoc aid granted to large …” „… the granting. The interest rate to be used for discounting purposes is the reference rate applicable …” „… precise aid amount39. Grants and interest rate subsidies are considered as transparent aid, loans only as …”

Procedure regarding Unlawful Aid S. 674-714

„… for the Commission to suspend the investigation on grounds of insufficient Community interest. Whether …” „… notification, and the Member State itself has an interest in providing complete information, if it wants to …” „… Commission, however, from finding at the end of the investigation that the Community interest justifies the …”

Privatisation S. 517-538

„… directives, as long as the intended contract award might potentially be of interest to economic operators …” „… true also vis-à-vis the economic activity which is being privatised. Chapter 6. Public Undertakings …” „… Commission criticised that the privatisation was published in two Italian newspapers only, while interest …”

General Principles S. 197-228

„… economic and social assessments, which are to take into consideration the interests of the Community as a …” „… characterized by vague legal terms (such as “common interest,” “furthering the development of certain economic …” „… demonize all aid. Subsidies are among the most important means of state economic control. The Treaty States …”

Proceedings before National Courts S. 813-830

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3. Recovery of interests …” „… measures that qualify as State aid, and in particular the legal measure(s) conveying the actual economic …” „… question of compatibility), recovery of “illegality interests”, damages for competitors or other third …”

Legal Remedies for Aid Recipients S. 763-772

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 II. Sufficient Legal Interest …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 II. Locus Standi and Sufficient Legal Interest …” „… indicated in its opinion that the affected scheme created legal consequences for the most varied economic …”

State Aid pursuant to Article 87(3)(a) and (c) EC – Promotion of Areas with Abnormally Low Standard of Living or Serious Underemployment, Promotion of Certain Economic Areas – Regional Aid S. 229-244

„… , Promotion of Certain Economic Areas – Regional Aid1 A. Background …” „… the economic disadvantage can be comparatively low. The disadvantage is initially determined in …” „… present, additional sector-specific provisions exist for several other economic sectors (in particular for …”

Legal Remedies for the Member State Granting Aid and other State Bodies S. 755-762

„… demonstrate a sufficient legal interest. Nevertheless, the ECJ rejected as inadmissible the complaint of a …” „… with its economic development corporation.13 10The concern of a regional division of a Member State in …” „… the socio-economic effects of State aid does not comprise an individual concern.14 c) Regional …”

Legal Remedies for Other Third Parties S. 792-797

„… association’s members. In addition, the Courts have granted economic locus standi to associations in their own …” „… such economic associations as have exercised a “quasi-legislative” function in the development of the …” „… sufficient legal interest.33 30 ECJ, C-106/98, ECR 2000, I-3659, para 40 – Comité d’entreprise/Commission …”

General Principles S. 619-636

„… principle only to aid falling within the scope of the EC Treaty. It applies in all economic sectors, except …” „… with the Maastricht change of the EC Treaty. 35 OJ 1999 C 104/118. For the opinion of the Economic and …” „… interest rate to be applied in the recovery of unlawful aid.42 This Regulation entered into force on 20 May …”

Rights of Interested Parties S. 728-736

„… control. It was argued, moreover, that the interests of interested parties were well protected through the …” „… their interests in State aid procedures. It is clear from recital 16 of the regulation (“all the …” „… , interest associations, neighboring regions, employee associations,12 etc., if their interests may be …”

Common Provisions S. 745-752

„… information relating to a business which has actual or potential economic value, the disclosure or use of …” „… which could result in economic benefits for other companies (eg production secrets and processes, market …” „… interest rate applicable to the recovery of unlawful aid.24 Reg 794/2004 entered into force on 20 May 2004 …”

De Minimis Aid S. 107-118

„… principles of legitimate expectation and legal certainty were suitably accounted for. From an economic …” „… grant equivalent has to be calculated on the basis of market interest rates prevailing at the time of …” „… financial instruments than grants. This appears contrary to the Commission’s refined economic approach. In …”

Legal Remedies for Competitors of the Aid Recipient S. 773-791

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 III. Sufficient Legal Interest …” „… ” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 III. Sufficient Legal Interest …” „… . . . . . . . . . . . . . . . . . . . . . . . . . 74 A. General 1 Competitors of an aid recipient mainly have an interest in challenging decisions in …”

doi.org/10.5771/9783845265575

Frank Montag, Franz Jürgen Säcker - European State Aid Law

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Frank Montag (Hrsg.), Franz Jürgen Säcker (Hrsg.)

European State Aid Law

Reihe: Kooperationswerke Beck - Hart – Nomos

Band 2017

Treffer in den folgenden Teilen:

SERVICES OF GENERAL ECONOMIC INTEREST (SGEI) S. 296-383

„… Economic Interest (SGEI).3d from 22.07.2016 13:57:42 3B2 9.1.580; Page size: 160.00mm 240.00mm PART III …” „… SERVICES OF GENERAL ECONOMIC INTEREST (SGEI) Bibliography: Alchian, Uncertainty, Evolution and Economic …” „… _PART III_Services of General Economic Interest (SGEI).3d from 22.07.2016 13:57:42 3B2 9.1.580; Page …”

INTRODUCTION S. 2-51

„… term “services of general economic interest” is used to justify the granting of aid. The term “services …” „… of general economic interest” includes all government measures that are supposed to ensure the …” „… “provision of basic supplies” for the population. A typical sector of services of general economic interest …”

RULES FOR EXAMINING AID IN SPECIFIC SECTORS S. 1164-1509

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 b) Article 106 (2) TFEU: Service of general economic interest. . . . 22 c) Article 52 GBER …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 2. Article 106(2) TFEU: Services of general economic interest . . . . . . . 68 3. Article 107 (2 …” „… . Services of general economic interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 …”

Titelei/Inhaltsverzeichnis

„… ...................................................................................... 281 PART III SERVICES OF GENERAL ECONOMIC INTEREST (SGEI …” „… .............................................................................. 332 3. Services of General Economic Interest (SGEI …” „… ................................................................................. 1189 2. Article 106(2) TFEU: Services of general economic interest …”

ARTICLE 107 TFEU S. 52-295

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 c) Compensation for the costs for providing services of general economic interest (‘SGEI …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 2. Economic advantage as (non-)cash benefit without adequate consideration …” „… burdens as economic advantage …”

Index S. 1718-1749

„… representatives XII 107 et seq. – industry, trade associations and other interest groups XII 103 et seq. – legal …” „… interest in the proceedings XII 110 et seq. – legal standing see there – other public bodies XII 87 et seq …” „… procedure III 40 Analytical accounting SGEI III 117 Ancillary economic activities R&D&I IV 30 97 et seq …”

FINANCIAL TRANSFERS AND TRANSACTIONS S. 978-1109

„… commercial character.”113 56Non-economic are hence activities that – whilst being of general interest – serve …” „… Liability/Participation of Employees 35 ee) Investment of “Real Economic Relevance …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 dd) Economic Approaches to Determining the Aid Element of Cross-Subsidisations …”

RESCUE AND RESTRUCTURING AID S. 888-977

„… , systemic importance of a company in a region, disruption of a service of general economic interest are more …” „… : Theoretical Considerations, Empirical Analysis and Proposals for Reform, Bruges European Economic Research …” „… objective of common interest . . . . . . . . . . . . . . . . . . . . 10 2. Need for State intervention …”

TAX MEASURES S. 1110-1163

„… Goods, Legal Issues of Economic Integration 2001, 361; Kurcz/Vallindas, Can general measures be …” „… ?, SWI 2004, 4; Szyszczak, The Survival of the Market Economic Investor Principle in Liberalised Markets …” „… thus results in a requirement for mutual consideration and balancing of the interests of national tax …”

COMMISSION REGULATION (EU) NO 651/2014 S. 384-887

„… faster, better informed and more robust decisions based on a clear economic rationale, a common approach …” „… common principles that ensure the aid serves a purpose of common interest, has a clear incentive effect …” „… to the common interest. (6) Aid that fulfils all the conditions laid down in this Regulation both …”

ARTICLE 108 TFEU S. 1510-1553

„… operation of services of general economic interest, OJ L7/3 of 11.01.2012. 49 ECJ, Case 173/73 – Italy v …” „… general economic interest is fulfilled,56 or where extensive economic considerations within the framework …” „… economic interest.62 For these measures, the Commission has already exercised its competence in a general …”

JUDICIAL PROTECTION AT EU-LEVEL S. 1666-1717

„… be derived. However, the Courts will normally deem any legal, economic or political interest as …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 (4) Industry, trade associations and other interest groups . 103 (5) Employee representatives …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 c) Legal interest in the proceedings …”

COUNCIL REGULATION (EC) NO 659/1999 S. 1554-1649

„… regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social …” „… aid; whereas, in the interests of transparency and legal certainty, the procedures to be followed in …” „… restored; whereas for this purpose it is necessary that the aid, including interest, be recovered without …”

ARTICLE 109 TFEU S. 1650-1665

„… Regulations apply in case of services of general economic interest76, the agriculture sector77 as well as …” „… Member State concerned shall take all necessary measures to recover the aid including interests at an …” „… . take into account the economic development.173 Where the Commission considers that an existing aid …”

doi.org/10.5771/9783845258966

Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward - The EU Charter of Fundamental Rights

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Steve Peers (Hrsg.), Tamara Hervey (Hrsg.), Jeff Kenner (Hrsg.), Angela Ward (Hrsg.)

The EU Charter of Fundamental Rights

2022

Treffer in den folgenden Teilen:

Erika Szyszczak Article 36 – Access to Services of General Economic Interest S. 1025-1040

„… Article 36 Article 36 Access to Services of General Economic Interest The Union recognises and …” „… respects access to services of general economic interest as provided for in national laws and practices, in …” „… by the Union for the access to services of general economic interest as provided for by national …”

Appendix S. 1891-1926

„… AppendixArticle 36Access to services of general economic interestThe Union recognises and respects access to …” „… services of general economic interest as provided for in national laws and practices, in accordance with …” „… services of general economic interestThis Article is fully in line with Article 14 of the Treaty on the …”

Michelle Everson, Rui Correia Gonçalves Article 16 – Freedom to Conduct a Business S. 463-488

„… individual European, personal economic interests within the EU are now contained within a balanced scheme of …” „… economic or commercial activity (see judgments of 14 May 1974, Case 4/73 Nold EU:C:1974:51, [1974] ECR 491 …” „… European Crisis of Economic Liberalism: Can the Law Help ? ’ , in E Nanopoulos and F Vergis (eds) The …”

Filip Dorssemont Article 12 (1) – Freedom of Assembly and of Association S. 371-394

„… local, national or international organisations for the protection of their economic and social interests …” „… organisations or trade unions of their choice for the defence of their economic and social interests. Unlike …” „… protection of their economic and social interests ’ ); Art 8, ICESCR ( ‘ for the promotion and protection of …”

Paul Torremans Article 17 (2) – Right to Property S. 519-550

„… possessions, except in the public interest and in the cases and under the conditions provided for by law …” „… by law in so far as is necessary for the general interest. 2. Intellectual property shall be …” „… . No one shall be deprived of his possessions except in the public interest and subject to the …”

Catherine Barnard Article 28 – Right of Collective Bargaining and Action S. 801-826

„… interest, to take collective action to defend their interests, including strike action. Text of …” „… : Freedom of Services and Establishment v Industrial Conflict in the European Economic Area and Russia …” „… Economic Freedoms After Viking, Laval and R ü ffert ( Berlin , Nomos , 2011 ). ACL Davies , ‘ One Step …”

Ferdinand Wollenschläger Article 17 (1) – Right to Property S. 489-518

„… Germany App no 32377/12 (ECtHR, 19 January 2017) [36 ff]: ‘ The Court accepts that the economic interests …” „… his or her possessions, except in the public interest and in the cases and under the conditions …” „… property may be regulated by law in so far as is necessary for the general interest. Text of Explanatory …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 639-666

„… service media, may also be shielded by the provisions on services of general economic interest in Articles …” „… social assistance, to healthcare and access to services of general economic interest); the citizenship …” „… Hervey and J Kenner (eds), Economic and Social Rights under the EU Charter of Fundamental Rights — A …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 837-874

„… Layoffs by Employers ? Economic Freedoms vs Labour Rights in Case C-201/15 AGET Iraklis ’ ( 2017 ) 13 …” „… ( Baden-Baden , Nomos, Beck and Hart Publishing , 2018 ) 13, 14, and the Opinion of the European Economic and …” „… workers ’ interests or job security in the included ‘ requirements ’ , but it is, nevertheless, a …”

Steve Weatherill Article 38 – Consumer Protection S. 1065-1084

„… of health and safety, (b) the right to protection of economic interests, (c) the right of redress …” „… by an unfamiliar import concerns health and safety, rather than potential harm to economic interests …” „… , safety and economic interests of consumers, as well as to promoting their right to information, education …”

Index S. 1927-1968

„… economic interest (Article 36), 1037 – 39 banking, 1032 broadcasting, 1032 concept of SGEI, 1030 …” „… services of general economic interest (Article 36); cartels; merger controls conditions of detention …” „… , 422 access to services of economic interest, 408 application to institutions, 407 broadcasting …”

Niilo Jääskinen Fundamental Social Rights in the Charter – Are They Rights? Are They Fundamental? S. 1855-1870

„… economic interest (Art 36). Pursuant to Article 52(3) of the Charter, in the interpretation and …” „… social rights requires a complex mix of social, economic and legal policies. The Israeli scholars …” „… Ben-Bassat and Dahan have studied the correlation between the scope of constitutional protection of economic …”

Filip Dorssemont Article 27 – Workers’ Right to Information and Consultation within the Undertaking S. 779-800

„… of their social and economic interests in workers ’ councils as well as in The precise scope of the …” „… can arise between the interest of workers being informed on the economic and financial situation of …” „… Law ’ in T Hervey and J Kenner (eds), Economic and Social Rights ( Oxford , Hart Publishing …”

Helen Stalford, Nuno Ferreira Article 32 – Prohibition of Child Labour and Protection of Young People at Work S. 923-942

„… working conditions appropriate to their age and be protected against economic exploitation and any work …” „… Commission to the European Parliament, the Council, the European Economic and Social Committee and the …” „… Nations Convention on the Rights of the Child: Article 32 — Protection from Economic Exploitation …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 405-428

„… exchanges. 15 (x) Article 36—Access to services of general economic interest. This could relate to access …” „… society, in the interests of national security, territorial integrity or public safety, for the prevention …” „… pre-scribed by law and are necessary in a democratic society in the interests of public safety, for the …”

Jeff Kenner Article 29 – Right of Access to Placement Services S. 827-836

„… Economic, Social and Cultural Rights ’ , ( 2010 ) 104 Proceedings of the Annual Meeting (The American …” „… . P Teague , Economic Citizenship in the European Union: Employment relations in the new Europe …” „… closely connected with the economic freedoms which are at the core of the EU project. Access to free …”

Miriam Kullmann Article 7 (Family Life Aspects) – Right to Respect for Private and Family Life S. 195-230

„… interests of national security, public safety or the economic wellbeing of the country, for the prevention …” „… families facing challenges that exist in the current economic climate in Europe through providing …” „… and security with actions focusing on the interests and needs of citizens. The programme provided that …”

Alan Bogg, Michael Ford Article 31 – Fair and Just Working Conditions S. 875-922

„… Charter of Fundamental Rights of the European Union, Art 52(7). D Ashiagbor , ‘ Economic and Social …” „… Just Working Conditions ’ , in T Hervey and J Kenner (eds), Economic and Social Rights under the …” „… Work in the EU Legal Order ’ , in T Hervey and J Kenner (eds), Economic and Social Rights under …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1611-1674

„… interest recognised by the Union or the need to protect the rights and freedoms of others. 2. Rights …” „… objectives of general interest pursued by the Community and do not constitute, with regard to the aim pursued …” „… April 2000, Case C-292/97, paragraph 45 of the grounds). The reference to general interests recog-nised …”

Mark Bell Article 20 – Equality Before the Law S. 597-612

„… intervene, but alongside the risk that certain economic interests have exercised undue influence on …” „… Political Rights 29 and the International Covenant on Economic, Social and Cultural Rights. 30 A commitment …” „… differently fl ights operated between the EU and the Member States of the European Economic Area or …”

Paul Craig Article 41 – The Right to Good Administration S. 1125-1152

„… right of every person to have access to his or her file, while respecting the legitimate inter-ests of …” „… legislation in the interest of an open, efficient and independent European administration). Paragraph 3 …” „… measure would signifi cantly affect the applicant ’ s interests, in this instance the loss of funding. 56 …”

Oxana Golynker Article 34 – Social Security and Social Assistance S. 985-1006

„… care, professional and family life, access to services of general economic interest, envi-ronmental …” „… Article 36 on access to services of general economic interest. There is no express reference to family …” „… countries of the European Economic Area (Iceland, Liechtenstein and Norway), and to Switzerland. 3 …”

Ivan Lazarov Article 42 – Right of Access to Documents S. 1153-1172

„… ’ in a very broad sense, can be exercised without having any legal or economic interest whatsoever in …” „… paragraph. General principles and limits on grounds of public or private interest governing this right of …” „… documents contained in an administrative file; it usually would require the existence of a specific interest …”

Jeff Kenner, Katrina Peake Article 33 – Family and Professional Life S. 943-984

„… Article 33 * Article 33 Family and Professional Life 1. The family shall enjoy legal, economic …” „… ’ in T Hervey and J Kenner (eds), Economic and Social Rights under the EU Charter of Fundamental …” „… Equalities and the European Charter of Fundamental Rights ’ in T Hervey and J Kenner (eds), Economic and …”

Ruth Lamont Article 24 – The Rights of the Child S. 693-724

„… institutions, the child ’ s best interests must be a primary consideration. 3. Every child shall have the …” „… parents, unless that is contrary to his or her interests. Text of Explanatory Note on Article 24 This …” „… . Select Bibliography E Bergamini , C Ragni (eds), Fundamental Rights and the Best Interests of the …”

Charlotte O’Brien Article 26 – Integration of Persons with Disabilities S. 743-778

„… general interest in non-discrimination, expressed in Treaty affi rmations — eg that the founding values of …” „… operates in the economic sphere of the internal market — predominantly employment and occupation, the only …” „… and economic situation of persons with disabilities ’ . 25 However, in neither the Charter nor the …”

Elisa Morgera, Gracia Marín Durán Article 37 – Environmental Protection S. 1041-1064

„… ] ECLI:EU:C:2020:742 , para 42. 10 L Kramer , ‘ Regional Economic International Organizations: The …” „… within the title conferring express competence on environmental matters to the then European Economic …” „… conducted a balancing of individuals ’ environmental concerns and States ’ general interests, without …”

Tamara Hervey, Jean McHale Article 35 – The Right to Health Care S. 1007-1024

„… Handbook on Economic, Social and Cultural Rights as Human Rights (Cheltenham, Edward Elgar, 2020) L O …” „… , ‘ The right to health in EU law ’ in T Hervey and J Kenner (eds), Economic and Social Rights under …” „… regulation on economic and fiscal governance has had an effect — in some cases a profound effect — on …”

Herke Kranenborg Article 8 – Protection of Personal Data S. 231-290

„… , since the objective of the control by the Austrian Court of Auditors served a public interest and …” „… fi nds its origin. The right to data protection intends to protect interests that underlie the right …” „… same interests. Whereas the right to data protection essentially protects the individual interest of …”

Catherine Dupré Article 1 – Human Dignity S. 3-24

„… is Article 36, which guarantees access to services of general economic interest. Finally, as dignity …” „… (health care), Article 36 (access to services of general economic interest) or Article 37 (environmental …” „… par-ticular differences) and from the fact that the EU is a political and economic order founded on …”

Angela Ward Article 51 – Field of Application S. 1553-1610

„… and Article 36 (access to services of general economic interest). 29 The exercise of these rights is …” „… , access to services of a general economic interest and promotion of social and territorial cohesion are …” „… Future of Europe, in the light of reluctance expressed by the UK and Denmark on the inclusion of economic …”

Colm O’Cinneide Article 25 – The Rights of the Elderly S. 725-742

„… co-ordination framework, and the wide range of fi nancial, economic and health care co-ordination measures that …” „… schemes, the functioning of the internal market, economic and monetary policy, external development, trade …” „… : The Economic, Social and Cultural Rights of Older Persons , 12/08/ 1995 . 24 See eg Committee on …”

Steve Peers Article 9 – Right to Marry and Right to Found a Family S. 291-312

„… ’ , in TK Hervey and J Kenner (eds), Economic and Social Rights Under the EU Charter of Fundamental …” „… Communication from the Commission to the European Parliament, the Council, the European Economic and Social …” „… ’ s best interests and for the child to be heard in proceedings which affect them. 16 Since Brussels …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1509-1552

„… , Article 7 of the Convention on the Protection of the European Communities ’ Financial Interests and …” „… Principle of “ Ne Bis in Idem ” in EC Antitrust Enforcement: A legal and Economic Analysis ’ ( 2003 ) 26 …” „… Antitrust Enforcement: A legal and Economic Analysis ’ ( 2003 ) 26 ( 2 ) World Competition 131 – 48 . A …”

Eleni Frantziou, Virginia Mantouvalou Article 15 – Freedom to Choose an Occupation and Right to Engage in Work S. 449-462

„… Economic, Social and Cultural Rights ’ ( 2010 ) 104 Proceedings of the Annual Meeting (The American …” „… Keller [ 1986 ] ECR 2897 [8]. 4 Nold (n 1) [14]. M Craven , The International Covenant on Economic …” „… Journal 65 – 83 . D Little , ‘ Job Elster ’ in W Samuels (ed), New Horizons in Economic Thought …”

Titelei/Inhaltsverzeichnis

„… and I thoroughly recommend it to anyone who has an interest, whether practical or academic, in the …” „… European Union, which enshrines certain civil, political, social, economic and cultural rights in EU law …” „… ultimate fate remained unclear, two of us, Tammy and Jeff, writing in the Foreword to the book Economic …”

Dagmar Schiek, Biljana Kotevska Article 23 – Equality between Women and Men S. 667-692

„… . F Bettio et al, The Impact of the Economic Crisis on the Situation of Women and Men and on Gender …” „… enabled the Member States to bring forward EU social policy in paral-lel with the founding of Economic and …” „… policies relating to economic integration and the newly reinforced social goals of the EU will also impact …”

Hanns Peter Nehl Article 48 (Administrative Law) – Presumption of Innocence and Right of Defence S. 1385-1412

„… sufficient means to pay for legal assistance, to be given it free when the interests of justice so require …” „… natural persons engaged in economic activity ( ‘ undertakings ’ ) will be the focal point of the following …” „… – Presumption of Innocence and Right of Defence Hanns Peter Nehl 1389 24 As to the adverse economic …”

Gisella Gori Article 14 – Right to Education S. 429-448

„… : ‘ The Council shall, acting on a proposal from the Commission and after consulting the Economic and …” „… education has a meaning and a scope specific to the EU context, since it draws its origin from economic …” „… Covenant on Economic, Social and Cultural Rights (Art 13 of the CESCR), and the Convention on the rights of …”

Bruno de Witte Article 53 – Level of Protection S. 1675-1690

„… down both in Article 5(2) of the UN Covenant on Economic, Social and Cultural Rights and in Article 5(2 …” „… judgments that focus on this question of the confl ict between social rights and economic freedoms are P …” „… Syrpis and T Novitz , ‘ Economic and Social Rights in Confl ict: Political and Judicial Approaches to …”

Ian Harden Article 43 – European Ombudsman S. 1173-1198

„… economic interests are at stake. 119 The infringement procedure of Article 258 TFEU is not intended …” „… States had an ombudsman when the European Economic Community was founded in 1958. By the early 1990s …” „… to protect their interests. That alternative remedy meets specific criteria and does not necessarily …”

Eleanor Spaventa Article 45 – Freedom of Movement and of Residence S. 1211-1226

„… should be noted that ‘ passive economic actors ’ , ie those whose economic link consists in parting with …” „… or exercise an economic activity as employed or self-employed enjoy an unconditional right to move …” „… 352/85 Bond van Adverteerders [ 1988 ] ECR 2085 ; on the other hand, if the economic element is lacking …”

Alexander Kornezov The Charter and the General Court S. 1809-1838

„… might not be in a position to challenge ab initio the economic valuation that underpins the decision …” „… relevant circumstances in order to prevent and detect confl icts of interests and remedy them. 68 Part of …” „… to ‘ complex economic and technical matters ’ 104 and the setting of the fi ne 105 and that …”

Gabriel N Toggenburg The Implementation of the Charter of Fundamental Rights by the EU Member States (as Refl ected in the Work of the EU Fundamental Rights Agency) S. 1791-1808

„… dedicated to Charter ’ s ‘ national life ’ 3 This new interest became most visible in the European …” „… Member States but do not represent their interests. Against this background, it would be worthwhile and …” „… socio-economic rights listed under the Charter ’ s title ‘ solidarity ’ . In fact, it would be diffi cult to …”

Steve Peers Article 3 – Right to the Integrity of the Person S. 39-58

„… Encounters ? ’ ( 2011 ) 38 Legal Issues of Economic Integration 5 . JR Herrmann and B Toebes , ‘ The …” „… EU Law: Unlikely Encounters ? ’ ( 2011 ) 38 Legal Issues of Economic Integration 5, 9 ; see also …” „… various rights and interests protected by that provision need to be distinguished. The right to physical …”

Jo Shaw, Lamin Khadar Article 12 (2) – Freedom of Assembly and of Association S. 395-404

„… law and are necessary in a democratic society, in the interests of national security, territorial …” „… interests. 2. No restrictions shall be placed on the exercise of these rights other than such as are …” „… prescribed by law and are necessary in a democratic society in the interests of national security or public …”

David Mangan Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life S. 151-194

„… in accordance with the law and is necessary in a democratic society in the interests of national …” „… security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime …” „… complies with the principle of proportionality; and 4) it meets objectives of general interest recognised …”

Doyin Lawunmi The ‘Dublin Regulation’ and the Charter: An Impetus for Change S. 1839-1854

„… the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on …” „… based on the application of fair objective criteria which take into account both the interests of Member …” „… Court also stated that there is a general presumption that it is in the best interests of the child to …”

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 93-114

„… ) European Journal of International Relations 37 . — — , ‘ Biopolitical Management, Economic Calculation …” „… , ‘ Biopolitical Management, Economic Calculation and “ Traffi cked Women ” ’ ( 2010 ) 48 ( 4 ) International …” „… jurisprudential interest that has led to rapid developments with regard to positive obligations, especially by the …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 333-370

„… further rights: Article 36 on access to services of general economic interest 21 (as regards public …” „… law and are necessary in a democratic society, in the interests of national security, territorial …” „… law limit freedom of expression in the public interest (see section C.IV above). Freedom of …”

Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1245-1384

„… publicly but the press and public may be excluded from all or part of the trial in the interests of morals …” „… , public order or national security in a democratic society, where the interests of juveniles or the …” „… of the court in special circumstances where publicity would prejudice the interests of justice. ’ In …”

Albertina Albors-Llorens The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies S. 1735-1756

„… decisions. A natural gas operator whose economic interests were clearly affected by an administrative …” „… rules required applicants to demonstrate a ‘ legal interest ’ in order to challenge administrative …” „… decision adopted by a National Regulatory Authority (NRA), but who could not show a ‘ legal interest …”

Valsamis Mitsilegas, Emmanouil Billis Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties S. 1473-1508

„… may be excluded from all or part of the trial in the interests of morals, public order or national …” „… security in a democratic society, where the interests of juveniles or the protection of the private life of …” „… circumstances where publicity would prejudice the interests of justice ’ , emphasis added. 74 Art 8(2) ECHR …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the European Legal Space S. 1711-1734

„… economic crisis constitutes a legitimate limitation on the exercise of that fundamental right. In so doing …” „… duplication must pursue an objective of general interest which is such as to justify it (eg combatting VAT …” „… economic activities (liable to VAT) and non-economic activities (exempted from that tax). Since Polish …”

Claire Kilpatrick, Hanna Eklund Article 21 – Non-Discrimination S. 613-638

„… Cunniffe , ‘ Non-Economic Migrants as Workers: Assessing the Right to Work for Asylum Applicants ’ LLM …” „… Civil and Political and on Economic, Social and Cultural Rights provide: ‘ Each State Party to the …” „… Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, ‘ 2017 …”

Tobias Lock EU Accession to the ECHR S. 1873-1890

„… concerning trade between the European Economic Community and the Federal Republic of Yugoslavia (Serbia and …” „… interest was held by a person operating from Yugoslavia. 19 That regulation left the respondent Member …” „… Opinion 1/91 Agreement on the European Economic Area ECLI:EU:C:1991:490 . 37 Opinion 1/17 CETA …”

Maarten den Heijer Article 18 – Right to Asylum S. 551-572

„… , 2014 ). M Foster , International Refugee Law and Socio-Economic Rights: Refuge from Deprivation …” „… them (Art 33). Further, the Convention sets forth a range of socio-economic rights, in the spheres of …” „… refugees in the economic system of the country of asylum (Arts 3 – 8, 13 – 15 and 17 – 24). Finally, the …”

Elizabeth Wicks Article 2 – Right to Life S. 25-38

„… ( Oxford , Hart , 2019 ). E Wicks , The Right to Life and Conflicting Interests ( Oxford , Oxford …” „… focus on the economic and social context of life is not overlooked. As a right in itself, however, it …” „… Commission utilised the concept of best interests in order to justify the life-saving intervention. Usually …”

Ronan McCrea Article 10 – Right to Freedom of Thought, Conscience and Religion S. 313-332

„… are necessary in a democratic society in the interests of public safety, for the protection of public …” „… this chapter will refer to ‘ religious freedom ’ in the interests of brevity, it is important to …” „… 20, 21 and 7). Avoiding restrictions on religious freedom may also involve the imposition of economic …”

Jo Shaw, Lamin Khadar Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament S. 1085-1112

„… establishing the European Economic Community (the Treaty of Rome) and so, in any event, it is evident that …” „… Communities, priority was given to economic integration over political integration, and so the idea of a …” „… ‘ Eurosclerosis ’ 38 (ie the period of political stalemate, in terms of European integration, and economic …”

Debbie Sayers Article 48 (Criminal Law) – Presumption of Innocence and Right of Defence S. 1413-1472

„… sufficient means to pay for legal assistance, to be given it free when the interests of justice so require …” „… for legal assistance, to be given it free when the interests of justice so require; 39 (d) to …” „… economic and social integration and the commitment to realise a Single Market. 44 48.24B48.25B48.26B48.27 …”

Maria-Teresa Gil-Bazo Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 59-92

„… European Economic and Social Committee and the Committee of the Regions on a New Pact on Migration and …” „… , and approved by the Economic and Social Council by its Resolutions 663 C (XXIV) of 31 July 1957 and …”

Elspeth Guild Article 19 – Protection in the Event of Removal, Expulsion or Extradition S. 573-596

„… movement and residence (Arts 20 and 21 TFEU) and entry and residence for economic purposes (Arts 45 – 56 …” „… Policy: Third Country Interests And Refugee Rights, Vol XVI ( Dordrecht , Martinus Nijhoff , 2009 …” „… this Article, when such expulsion is necessary in the interests of public order or is grounded on …”

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