Vassilis Hatzopoulos
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199572663
- eISBN:
- 9780191738067
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572663.003.0006
- Subject:
- Law, EU Law
Ever since the publication of the General Programmes of 1962, regulating the internal market for services has been a riddle for the EU. In its effort to open up trade in services, the EU legislature ...
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Ever since the publication of the General Programmes of 1962, regulating the internal market for services has been a riddle for the EU. In its effort to open up trade in services, the EU legislature has tried and erred — with occasional successes — in various ways. Traditionally, a basic distinction is drawn between, on the one hand, sector-specific and, on the other hand, horizontal legislation. Helpful as it may be, this distinction is neither accurate nor historically precise. This chapter describes the basic regulatory blocks adopted by the EU legislature, and then subjects them to more appropriate normative classifications.Less
Ever since the publication of the General Programmes of 1962, regulating the internal market for services has been a riddle for the EU. In its effort to open up trade in services, the EU legislature has tried and erred — with occasional successes — in various ways. Traditionally, a basic distinction is drawn between, on the one hand, sector-specific and, on the other hand, horizontal legislation. Helpful as it may be, this distinction is neither accurate nor historically precise. This chapter describes the basic regulatory blocks adopted by the EU legislature, and then subjects them to more appropriate normative classifications.
ELKE CLOOTS
- Published in print:
- 2015
- Published Online:
- March 2015
- ISBN:
- 9780198733768
- eISBN:
- 9780191798139
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198733768.003.0010
- Subject:
- Law, EU Law
States invoke their national identities not only against Treaty provisions, but also against EU legislation. The European Court of Justice then needs to assess whether identity respect warrants a ...
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States invoke their national identities not only against Treaty provisions, but also against EU legislation. The European Court of Justice then needs to assess whether identity respect warrants a distinct domestic interpretation of the EU Act, or even a national limitation of the requirements it imposes. This type of case is discussed in the final chapter. It deserves to be treated separately, as it raises questions not only about the optimal mix of accommodation and integration, but also about the proper relationship between the European Court of Justice and the EU legislature. By analogy with the scheme advanced in Chapters 6 to 9, the premise underlying this chapter is that there are good reasons for constraining the Court’s discretion in construing EU legislation and monitoring domestic interpretations of EU legislation. Drawing on insights from US legal scholarship, it is argued that canons of statutory interpretation, such as deference canons, could fulfil such a discretion-constraining role.Less
States invoke their national identities not only against Treaty provisions, but also against EU legislation. The European Court of Justice then needs to assess whether identity respect warrants a distinct domestic interpretation of the EU Act, or even a national limitation of the requirements it imposes. This type of case is discussed in the final chapter. It deserves to be treated separately, as it raises questions not only about the optimal mix of accommodation and integration, but also about the proper relationship between the European Court of Justice and the EU legislature. By analogy with the scheme advanced in Chapters 6 to 9, the premise underlying this chapter is that there are good reasons for constraining the Court’s discretion in construing EU legislation and monitoring domestic interpretations of EU legislation. Drawing on insights from US legal scholarship, it is argued that canons of statutory interpretation, such as deference canons, could fulfil such a discretion-constraining role.
Thomas Von Ungern-Sternberg
- Published in print:
- 2004
- Published Online:
- April 2004
- ISBN:
- 9780199268818
- eISBN:
- 9780191600890
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199268819.003.0003
- Subject:
- Economics and Finance, Public and Welfare
Studies the catastrophe insurance monopoly in Spain, the Consorcio the Compensacion de Seguros. It is shown that the Consorcio operates with exceptionally low administrative costs. It is able to ...
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Studies the catastrophe insurance monopoly in Spain, the Consorcio the Compensacion de Seguros. It is shown that the Consorcio operates with exceptionally low administrative costs. It is able to offer a very low cost insurance cover in a domain, where competition would usually lead to market failure due to problems of adverse selection. The existence of the Consorcio is in contradiction with the 3rd EU guidelines on the insurance market. However, Spain managed to get an exemption.Less
Studies the catastrophe insurance monopoly in Spain, the Consorcio the Compensacion de Seguros. It is shown that the Consorcio operates with exceptionally low administrative costs. It is able to offer a very low cost insurance cover in a domain, where competition would usually lead to market failure due to problems of adverse selection. The existence of the Consorcio is in contradiction with the 3rd EU guidelines on the insurance market. However, Spain managed to get an exemption.
Steve Peers
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780198776833
- eISBN:
- 9780191834820
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198776833.001.0001
- Subject:
- Law, EU Law
This book contains Volume I of a text that examines in detail the EU legislation and case law on the issues of immigration, asylum, visas, and border controls, discussing the impact and ongoing ...
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This book contains Volume I of a text that examines in detail the EU legislation and case law on the issues of immigration, asylum, visas, and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. This updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of ‘refugee’ and subsidiarity protection, the rights of asylum-seekers, and Member States’ responsibility for asylum-seekers); and irregular migrants’ rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. This text on the Justice and Home Affairs law of the European Union appears in its fourth edition is in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law.Less
This book contains Volume I of a text that examines in detail the EU legislation and case law on the issues of immigration, asylum, visas, and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. This updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of ‘refugee’ and subsidiarity protection, the rights of asylum-seekers, and Member States’ responsibility for asylum-seekers); and irregular migrants’ rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. This text on the Justice and Home Affairs law of the European Union appears in its fourth edition is in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law.
Steve Peers
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780198776840
- eISBN:
- 9780191841910
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198776840.001.0001
- Subject:
- Law, EU Law
This book is Volume II of a text that examines in detail the EU legislation and case law on the issues of immigration, asylum, visas, and border controls, discussing the impact and ongoing ...
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This book is Volume II of a text that examines in detail the EU legislation and case law on the issues of immigration, asylum, visas, and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. This updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of ‘refugee’ and subsidiarity protection, the rights of asylum-seekers, and Member States’ responsibility for asylum-seekers); and irregular migrants’ rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. This text on the Justice and Home Affairs law of the European Union appears in its fourth edition and is in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law.Less
This book is Volume II of a text that examines in detail the EU legislation and case law on the issues of immigration, asylum, visas, and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. This updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of ‘refugee’ and subsidiarity protection, the rights of asylum-seekers, and Member States’ responsibility for asylum-seekers); and irregular migrants’ rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. This text on the Justice and Home Affairs law of the European Union appears in its fourth edition and is in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law.
Xabier Itçaina, Antoine Roger, and Andy Smith
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9781501700439
- eISBN:
- 9781501703737
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501700439.003.0006
- Subject:
- Political Science, Political Economy
This chapter discusses the negotiation and adoption of the new EU legislation over the years 2006–2008. This is when the paradigm shift that had previously been framed in the scientific and economic ...
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This chapter discusses the negotiation and adoption of the new EU legislation over the years 2006–2008. This is when the paradigm shift that had previously been framed in the scientific and economic fields was institutionalized in the bureaucratic field. The chapter first shows how a new set of officials in the Wine Unit of the Directorate-General for Agriculture and Rural Development (DG-AGRI) became the scribes of the reform who turned a range of policy proposals into a single package, moving their unit to the center of the bureaucratic field. This work and this repositioning cannot be separated from how the hierarchy of the directorate-general, most notably its commissioner, played a central role in the bureaucratic field. Resources drawn from the hierarchical position of the commissioner and her cabinet were clearly mobilized to politicize certain debates, technicize others, control the timeline of the reform and, more generally, legitimize it inside and outside the European Commission.Less
This chapter discusses the negotiation and adoption of the new EU legislation over the years 2006–2008. This is when the paradigm shift that had previously been framed in the scientific and economic fields was institutionalized in the bureaucratic field. The chapter first shows how a new set of officials in the Wine Unit of the Directorate-General for Agriculture and Rural Development (DG-AGRI) became the scribes of the reform who turned a range of policy proposals into a single package, moving their unit to the center of the bureaucratic field. This work and this repositioning cannot be separated from how the hierarchy of the directorate-general, most notably its commissioner, played a central role in the bureaucratic field. Resources drawn from the hierarchical position of the commissioner and her cabinet were clearly mobilized to politicize certain debates, technicize others, control the timeline of the reform and, more generally, legitimize it inside and outside the European Commission.
David Howarth and Lucia Quaglia
- Published in print:
- 2016
- Published Online:
- October 2016
- ISBN:
- 9780198727927
- eISBN:
- 9780191794216
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198727927.003.0007
- Subject:
- Economics and Finance, Financial Economics, Economic Systems
This chapter first outlines the purpose and main types of Deposit Guarantee Scheme (DGS) and the main features of existing DGS in selected countries prior to the negotiations on the revised DGS ...
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This chapter first outlines the purpose and main types of Deposit Guarantee Scheme (DGS) and the main features of existing DGS in selected countries prior to the negotiations on the revised DGS directive and the proposal for a Common DGS in Banking Union, in order to understand national preferences on those matters. The chapter then traces the evolution of EU legislation on DGS. It is argued that the difficult harmonization of national DGS and the failure to agree the proposal to create a Common DGS were due to two main reasons. The first reason was the different configuration of existing national DGS, linked to the different configuration of national banking systems. Second, there was the perennial problem of moral hazard linked to the ‘perceived manageability’ of current and potential bank losses.Less
This chapter first outlines the purpose and main types of Deposit Guarantee Scheme (DGS) and the main features of existing DGS in selected countries prior to the negotiations on the revised DGS directive and the proposal for a Common DGS in Banking Union, in order to understand national preferences on those matters. The chapter then traces the evolution of EU legislation on DGS. It is argued that the difficult harmonization of national DGS and the failure to agree the proposal to create a Common DGS were due to two main reasons. The first reason was the different configuration of existing national DGS, linked to the different configuration of national banking systems. Second, there was the perennial problem of moral hazard linked to the ‘perceived manageability’ of current and potential bank losses.
