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Text and Context - The Development of Legal Techniques and Legal Culture in the New Context of Europ

Luzius Mader (Hrsg.), Heinz Schäffer (Hrsg.)

Reihe: International Association of Legislation (IAL) / Deutsche Gesellschaft für Gesetzgebung (DGG)

Band 15 2010

Treffer in den folgenden Teilen:

Bevis Clarke-Smith, Manuela Guggeis The legislative integration of new Member States S. 101-108

„… 101 The legislative integration of new Member States Bevis Clarke-Smith and Manuela Guggeis Manuela …” „… Guggeis and I have been asked to speak to you about the legislative integration of new Member States into …” „… consistency of Community legislation, without which it cannot easily be assimilated by the Member States …”

Michael Thaler Language and Doctrinal Reception in Law S. 15-22

„… has to be taken over by its member states which we shall denote as A, F, and I. Suppose further that …” „… authorities of the three member states have to apply its rules in the same way. However the question is …” „… regulation. Finally as regards the tradition of I let this be a member state whose history has been largely …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Wissenschaft und Forschung in Wien. 5Preface The members of the European Union and other European States are …” „… more recently. Which were the experiences made by these newly integrated Member States with the …” „… legislative integration of new Member States 101 Dr. Manuela Guggeis Die legislative Integration neuer …”

Luzius Mader Schlusswort S. 171-172

„… legal culture in Europe. We discussed in particular the experiences of later joined Member States with …” „… point of view of a non Member State. Professor Schweizer has mentioned in the discussion that about …” „… has become a member, given the 172 fact that the EU should leave the Member States sufficient time …”

Luc Wintgens From Product to Process – Legitimating Law in Legisprudence S. 123-170

„… state. Freedom in the political sense is positive freedom or freedom as framed (and imposed) from …” „… analysis of the concept of democracy. At its maximum, this relation will be direct in that all the members …” „… natural freedom. In doing so, they submit to a sovereign power, the mortal God that is the state …”

Attila Menyhárd The Development of Legal Techniques and Legal Culture in the New Context of Europe – Hungarian Report S. 83-92

„… already existing in national laws. This can be the reason of that in most of the Member States of the …” „… national law of the Member State, like e.g. the notion of good faith for English law which has been …” „… gravity of consumer protection regulation is provided by the legislation of the United States and the …”

Joakim Nergelius Swedish Rules on Legislation S. 93-100

„… a decision supported by five sixths of its members.1 But it must be noted that on neither of those …” „… rule on how legislation is passed is to be found in chapter 4, article 5 IG, which states that when a …” „… , which may be hard to explain today when Sweden no longer has an official state church, enactment …”

doi.org/10.5771/9783845223865

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The Common Security and Defence Policy of the EU

Stefan Kadelbach (Hrsg.), Rainer Hofmann (Hrsg.)

Reihe: Schriften zur Europäischen Integration und Internationalen Wirtschaftsordnung

Band 68 2024

Treffer in den folgenden Teilen:

Stefan Kadelbach, Rainer Hofmann Introduction: The Common Security and Defence Policy of the EU – Perspectives from Member States S. 9-22

doi.org/10.5771/9783748945437

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Europäische Integration und Globalisierung

Werner Meng (Hrsg.), Georg Ress (Hrsg.), Torsten Stein (Hrsg.)

Reihe: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Band 84 2011

Treffer in den folgenden Teilen:

Nigel G. Foster The UK as a member state of the EU S. 153-166

„… 153 The UK as a member state of the EU Nigel G. Foster This article will explore the political …” „… six ECSC & EEC member states. The political concerns about the consequences of EC membership were …” „… with other member states, the security of nationhood or the stamp of approval and stability of the …”

Henrik Bull Free Movement of Persons and the Recognition of Foreign Marriages S. 51-66

„… as the Oporto Agreement, signed on 2 May 1992. 52 Member State of the freedom of movement of …” „… being able to live together with your closest family, in the Member State to which you are moving in …” „… person, to supply services to customers in other Member States.8 …”

Mark D. Cole The Country of Origin Principle – From State Sovereignty under Public International Law to Inclusion in the Audiovisual Media Services Directive of the European Union S. 113-130

„… supranational Union law which characterizes the advanced integration of the 27 Member States today. Also, it …” „… EU Member State’s jurisdiction can or must be based (exclusively) on the criterion of establishment …” „… Administrative Action in Member States concerning the pursuit of television broadcasting activities, OJ L 298 of …”

Jörg Polakiewicz The European Union’s accession to the European Convention on Human Rights – A report on work in rapid progress S. 375-392

„… same protection vis-à-vis acts of the Union as they presently enjoy vis-à-vis all member states of the …” „… Union. It will reassure citizens that the EU, just like its member states, is not “above the law” as …” „… and the 47 member states of the Council of Europe started immediately after the entry into force of …”

Maria Papantoni The Hellenic Constitutional Law and the Supremacy of European Law S. 347-358

„… of member states, The Constitution 1980, pp. 25-27, 51-55, in Greek. Cf. Iliopoulos- Strangas, Greek …” „… the law of the Union with that of the member states: hierarchy and direct application. The European …” „… words of the representatives of the member states, referring to the seminal first decision in the case …”

Raimund Raith The Selection of the Members of the Appellate Body of the World Trade Organization – Process and recent experiences S. 413-424

„… sitting on the Appellate Body. Given the complicated structure of the EU and its Member States in the …” „… members in 1995 the then EC Member States made no less than 13 suggestions (of which three were of Belgian …” „… EC/Member States was down to four, each a national of a different EC Member State.22 It is obvious that by …”

Iris Canor The Role of the Preamble to the Treaty in the European Court of Justice’s Jurisprudence – „... an ever closer union among the peoples of Europe“ S. 87-112

„… Marbury and Van Gend, in: Maduro/Azoulai, (fn. 41), p. 26. 43 Three Member States joined the proceeding …” „… competences vis-à-vis those of the Member States.59 Yet, it took the Court ten more years to address the …” „… social progress. By focusing on the Member States’ affirmation in the preamble that the essential …”

Udo Fink Der Bürgerkrieg in Libyen im UN-Sicherheitsrat S. 137-152

„… Member States that have notified the Secretary- General, acting nationally or through regional …” „… Council […] 8. Authorizes Member States that have notified the Secretary- General and the …” „… […] Calls upon all Member States, in particular States of the region, acting nationally or through regional …”

David A. O. Edward Was denn ist ein Volk? S. 131-136

„… European Union derives only from the will of the Member States: “Die Unionsbürgerschaft ist allein von …” „… Ibid., para. 346: “The citizenship of the Union is solely derived from the will of the Member States …” „… : “Self-determination is a principle wholly malign for the peace of the world. States just cannot be made to coincide …”

Christos VI. Gortsos „Basel III“: The reform of the existing regulatory framework of the Basel Committee on Banking Supervision for strengthening the stability of the international banking system S. 167-184

„… States in the European Union, in: Banking Rescue Measures in the EU Member States, Compilation of …” „… markets). The precedent from the refusal of certain Basel Committee member states to implement “Basel II …” „… until 2009. This does not negate the fact that in some states there is still crisis in the banking …”

Stefan Weber Von Torpedos, Tankern und deutsch-französischen Gefechten – Gerichte und Schiedsgerichte im Binnenmarkt – S. 607-624

„… I in the Member States („Heidelberg Report“) – Study JLS/C4/2005/03 (2007). 19 Bericht der …” „… folgt: „A court of a Member State shall stay the proceedings once the defendant contests the …” „… Member State that is designated as place of arbitration in the arbitration agreement is seized for …”

Titelei/Inhaltsverzeichnis S. 2-12

„… UN-Sicherheitsrat Udo Fink 137 10 The UK as a member state of the EU Nigel G. Foster 153 „Basel III“: The …” „… “ Iris Canor 87 The Country of Origin Principle – From State Sovereignty under Public International …” „… des Emissionshandels auf Importe Reinhard Quick 393 The Selection of the Members of the …”

Alberto L. Zuppi Immunities of state officials as a non-exculpatory defense in international criminal law S. 653-670

„… particular, official capacity as a Head of State or Government, a member of a Government or parliament, an …” „… 653 Immunities of state officials as a non-exculpatory defense in international criminal law …” „… See resolution of the Assembly of States Parties, http://www.icc-cpi.int/iccdocs/asp_docs …”

Michael J. Hahn Gemeinsame Handelspolitik nach Lissabon S. 213-232

„… number of their member States which are Members of the WTO. Decisions of the Ministerial Conference and …” „… the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where …”

Reinhard Quick Grenzmaßnahmen oder Maßnahmen an der Grenze – Die Unterscheidung zwischen Artikel III und II (XI) GATT dargestellt an der Ausdehnung des Emissionshandels auf Importe S. 393-412

„… Ausfuhrsubventionen hat. Appellate Body Report, United States – Tax Treatment for Foreign Sales Corporations, WT/DS …” „… States – Restrictions on Imports of Tuna, unadopted, BISD 39S/155. 26 Zur Kritik am GATT …” „… 28 GATT Panel Report, United States – Section 337 of the Tariff Act of 1930, BISD 36S/345, 385. 29 …”

doi.org/10.5771/9783845233161

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Contentious Regions in the European Union: Nationalist Parties and the Coordination of European Policies in Federal Member States

Álvaro Morcillo Laiz

Reihe: Nomos Universitätsschriften - Politik

Band 170 2009

Treffer in den folgenden Teilen:

Federalism in EU Member States S. 15-25

„… regionalrepresentatives to participate in negotiations in the Council as part of a member state’sdelegation. Hence …” „… 2002), my hypothesis proposes that in federal member states,actors’ preferences and institutional …” „… in EU Member StatesAlthough in the preceding pages I used the adjective “federal” to refer to Spain …”

Coordination Mechanisms in Six Member States S. 29-43

„… policy inthe selected regions.Coordination Mechanisms in Six Member StatesWhen the second tier of …” „… mechanisms is to establish whether a regional minister can be part of the member state’sdelegation to the …” „… under theaegis of a centre that in the last instance can set autonomously the member state’sbargaining …”

The Defence of Regional Minorities in the EP S. 103-112

„… programme on audiovisualproduction in small member states like Greece, but not on regions with minority …” „… programme as an instrument for promoting audiovisual production in member states; according attention to …” „… and the smaller member states like Belgium, Ireland and Greece have fiercelydefended quotas and other …”

Conclusions S. 159-180

„… ally of the regions is not all-powerful.European Policy in Multinational Federal Member StatesRather …” „… member states. Second, scholars havenot considered the extent of the overlap of agendas across regions …” „… fields. Constituent units from member states have thus reacted to EU decisionson audiovisual and cohesion …”

Public Broadcasting and Film Promotion S. 84-92

„… Commission uses its competition powers to monitor84how member states and regional and local governments …” „… social cohesion. Additionally, the Protocol recognizes thepower of member states to define and subsidize …” „… channels (Zeller 1999: 237).Through the Protocol, member states and regions attempted to protect their …”

The 1999 Reform of Cohesion Policy S. 113-117

„… major overhaul have commanded theattention of all European institutions, member states, and regional …” „… coordination mechanisms have providedregions with the powers to make substantial impacts on a member state’s …” „… expansion of cohesion,to which member states had committed themselves in the SEA (Allen 2000: 248).While the …”

The European Parliament S. 150-158

„… small grants(European Council 1999 a: art 4.2), and as a form of compensation that “Member Stateswould …” „… wereMiguel Arias Cañete, the chair of the CRP and a member of the Spanish PP, and therapporteurs of the …” „… conservative Greek. Further influential figureswere Daniel Varela, a PP member from Galicia who drafted the …”

Titelei/Inhaltsverzeichnis S. 2-4

„… Union: Nationalist Parties and the Coordination of European Policies in Federal Member StatesNomos1 …”

European Audiovisual Policy and Regional Concerns S. 65-71

„… reaction both from member states and fromregions. Countries like Germany, the UK or Sweden have …” „… , both member states and regions had questioned the need for European Community powers to regulate …” „… ). Inturn, many member states and regions opposed Community intervention arguing thatthe TEC implicitly …”

Majority versus Minority Cultures in the CoR S. 93-99

„… millions. Moreover, television is a centralelement of member states’ and regions’ public spheres …” „… , just like member states in the Council. However, themultiplicity of agendas and issues at stake has …” „… liberal andinterventionist agendas may find allies among member states and European institutions.In this …”

Lobbying a Fragmented Commission S. 99-103

„… member states. Instead, the Länder and their TVchannels concentrated on shaping the position of member …” „… support of a largenumber of member states in order to overcome the resistance of the Commission …” „… , whichcould hardly oppose the Protocol if numerous member states supported it. In contrast tothe Länder, the …”

Nationalist Parties and the Impact of Integration S. 43-48

„… mechanismsof three federal member states. In these three countries, Germany, Spain, and Italy,coordination …” „… the member state in the Council. Some important differences between coordination mechanisms exist from …” „… one member state toanother, however. These can be best summarized in the pivotal role of the …”

The Coordination of the Television Directive S. 78-84

„… Directive. In order to establish whether their positions were taken upin the member states’ stance in the …” „… Council with other member states (23.6 BL and §6.2 EUZBLG). Thefederal government eventually entrusted the …” „… member states were to resist the suppressionof quotas, the federal chamber argued that the “where …”

Acknowledgements S. 5-10

„… Union to transform its member states. Recent literature onregions has also focused on establishing …” „… whether they, together with European institutions in a multilevel setting, have eroded member states …” „… the intricacies of member state agendas forcohesion policy. I hope some of them will read this book …”

Research Design S. 48-53

„… based on advancing the interests of a relativelysmall constituency at the expense of the member state as …” „… hand, member states with different coordination mechanisms are comparedand, on the other hand, an …” „… nationalist parties will be considered.Therefore, in each policy field I look at two member states and at …”

Spain S. 129-138

„… contradicted the few elements ofconsensus between the Commission and the member states. For instance, the …” „… demands from other member states, which could then in turn lead to a134decrease in the funding available …” „… in front of the other member states did not exclude a certain readiness to help out the Left Bank …”

Germany S. 117-122

„… member state’s bargaining stance, but did participate as part of theGerman representation in the working …” „… from losing a disproportionate share of Ob.2areas in comparison to other member states (Bundesrat 1998 …” „… backed wealthier regions in their request for moreleeway for member states and their constituent units …”

Regional Associations S. 139-144

„… sectoralpolicies such as transport and environment. Among these activities are meetings withEU and member state …” „… Chapter 6:Advancing Cohesion Policy Agendas through Extra-State ChannelsSince the late 1980s …” „… heard.Scholars with different theoretical interests have sought to explain extra-state regional activity during …”

The Impact of the European Union on Regions S. 25-28

„… integrated into the second-level tier of government in a federal member-state.Regions possess their own …” „… respective member state in the CoM. Further, the TEC refers to regions as policytakers on issues such as …” „… fields according to them. Tobe more precise, after identifying six federal member states where regions …”

Regional Cases S. 53-64

„… ever been present in the chamber. During the 1990s SPD –53rather than FDP members controlled – the …” „… high,particularly between the state-wide parties – the conservative Partido Popular – and thePartido Socialista de …” „… state-wide parties (2001:25). Simultaneously, the PNV sustained the last PSOE government in Madrid during1993 …”

Regional Agendas S. 71-78

„… multilingual member states, audiovisual powers take on a particular significance becausethey serve as language …” „… Directive. In order to establish whether their positions were taken upin the member states’ stance in the …” „… sector, and the Länder became the beneficiaries of the Allies’ reluctance to see a state …”

Contact with the Commission S. 147-150

„… the CRP,Miguel Arias, said that the members of his committee were familiar with the opinions ofthe CoR …” „… politely, in view of their current and former responsibilities, theremaining CRP members I interviewed …” „… admitted off-the-record to having paid no heedto the CoR; one such member even remarked that the “CoR has …”

The Committee of the Regions S. 144-147

„… the regional policies of member statesand the EU – perfectly overlapped with the Tuscan …” „… made too manyconcessions to its members in the form of references to specific problems, whichfrequently …” „… brought together members of the CoR and the Commission and likely contributed to shaping the resulting …”

References S. 181-204

„… Administrative Action in Member States Concerning the Pursuit of TelevisionBroadcasting Activities (COM (95) 0086 …” „… Certain ProvisionsLaid Down by Law, Regulation or Administrative Action in Member States Concerning the …” „… , Rafaella Y. (1996). EU Cohesion and Territorial Restructuring in the Member States. In:Cohesion Policy and …”

Abbreviations S. 11-14

„… Administraciones PúblicasMEP Member of the European ParliamentMLG Multilevel GovernanceMS Member StateMSSD Most …”

Index S. 205-210

„… ., seeCommittee on Culture, see Committee on Regional Policy– as an extra-state channel 17, 22– as an extra-state …” „… interaction 34MEDIA– Antennes 88–90, 102– distributive character 88– implementation 89, 98Members of the …” „… States 23, 31, 52–54, 67, 70, 82,93, 105, 106, 161– film industry 93, 106– trade policy 52– withdrawal of …”

Italy S. 122-129

„… that subdivided every member state in three levels(NUTS I, II, and III) and optionally divided NUTSIII …” „… of institutional agreements between State and regions.” (Gualini 2001: 766). Ciampi further aimed to …” „… regions wouldlack the right to lawfully grant state aid because of the reduction in 87.3.c areas …”

doi.org/10.5771/9783845220932

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Verantwortung, Haftung und Kontrolle des Verfassungsstaates und der Europäischen Union im Wandel der Zeit - Responsibility, Accountability and Control of the Constitutional State and the European Union in Changing Times - Responsabilités et Contrôle de l' État constituionnel et de l'Union européenne au fil du temps

Julia Iliopoulos-Strangas (Hrsg.), Stanislaw Biernat (Hrsg.), Michael Potacs (Hrsg.)

Reihe: Societas Iuris Publici Europaei (SIPE)

Band 9 2014

Treffer in den folgenden Teilen:

Monika Kawczy?ska Concurrent Liability of the European Union and the Member States S. 73-92

„… Concurrent Liability of the European Union and the Member StatesMonika …” „… cooperation of the Union and the Member States,not only on the decentralized implementation of EU law at a …” „… otherform of advice, which is not binding and does not restrict the Member State’sdiscretion. In view of the …”

Nina Pó?torak State Liability in EU Law – Have the Member States Learnt anything in 20 Years after “Francovich”? S. 181-194

„… Union(CJEU) issued the famous Francovich judgment stating that the Member States“must be liable for loss and …” „… the authorities of theMember States?One of the goals of the Francovich ruling was to produce the …” „… to be successful in preventing infringements ofEU law by the Member States.However, the main role and …”

Lech Garlicki New Tendencies on State Responsibility in the Case Law of the European Court of Human Rights S. 243-266

„… “positiveobligations” incumbent on Member States.It is true that, in the early case law (in particular in the 1968 …” „… attributable to actions and decisions of any ofthe Member States.This problem was first addressed in the 2001 …” „… attributed to any of the Member States.At the same time, the Court granted a particularly privileged position …”

Titelei/Inhaltsverzeichnis S. 1-20

„… legal scholarsfrom various Member States and different legal cultures. Furthermore, EU law andECHR …” „… relating to the issues of state responsibility and accountability– also at the national level of the Member …” „… – derived directly from EU law – when a breachof EU law attributable to the Member State was established …”

Ji?í Zemánek Reinforced Responsibility and Accountability in a Democracy-Based EMU-Governance S. 167-170

„… MemberStates. There is an important constitutional momentum, there: any effective political decision – at the …” „… reinforced EMU, entrusted with supervisory powers over the Member States, shall have to be subjected to the …” „… , ifviolations of Member States´ obligations on the avoidance of excessive public debtare to be legally …”

Luc F.M. Verhey Accountability: Different Concepts and Practical Implications S. 115-122

„… colleagues from eleven Member States.3 I will say something about the concept as such, about the two basic …” „… models) and finally about some practical implications we see inalmost all Member States, no matter what …” „… Maastricht University; member of the Dutch Council of State.1 Christine NEUHOLD / Sophie VANHOONACKER / Luc …”

Antonio Lazari State Liability in Comparative and European Union Law S. 123-144

„… incompatible with the distribution of powers among the institutionsof the Community and the Member States and …” „… State Liability in Comparative and European Union LawAntonio Lazari*ProemIn the following chapter …” „… , I will present a concise comparative analysis of threemunicipal models of State liability and their …”

Verantwortung des Verfassungsstaates und der Europäischen Union: Formen und Rechtsgrundlagen/Responsibility of the Constitutional State and the European Union: Forms and Legal Foundations/La responsabilité de l'État constitutionnel et de l'Union européenne : Formes et fondements juridiques S. 97-114

„… , plusieurs contextes),par Nina Pó?torak (State Liability In EU Law – Have The Member States LearntAnything In …” „… aurait-il choisi d’intituler son sujet « Political Responsibility and LegalLiability of Cabinet Members » ou …” „… encore « Accountability and Liability of CabinetMembers ».Soyons clairs : ces différences ne sont pas …”

Nikiforos Diamandouros The Ombudsman's Role in Ensuring the Accountability of EU Institutions S. 267-276

„… promote the creation of an economic community among the six founding states. It certainly did not envisage …” „… character of the concept. He states that “accountability is first a relationshipbetween two sets of actors …” „… their legal obligations,but, in addition, to be service-minded and to ensure that members of the public …”

Robert Rebhahn Finanzkrise und Staatshaftung S. 231-242

„… liability of Member States forBreach of Community Law“, in: KOZIOL / SCHULZE (Hrsg.), Tort Law of the …” „… Beginnend mit: Communication from the Commission – The application of State aid rulesto measures taken in …”

Marten Breuer Die Funktion der Staatshaftung nach Unionsrecht und EMRK im Vergleich S. 203-228

„… of Member States“, ibid.,Rdnr. 9/53.84 Im Ergebnis wie hier, wenngleich mit unterschiedlichen …” „… einer begrifflichen Präzisierung. Denn dem, was im Unionsrecht als „Staatshaftung“ (state liability …” „… “ (state responsibility).1 Im Vergleich zur Staatshaftung erweist sich die Staatenverantwortlichkeit als …”

doi.org/10.5771/9783845259314

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