This book addresses the contentious debate surrounding the future of the European Atomic Energy Community Treaty (Euratom), one of the European Union’s founding treaties. Arguing that it has remained at a ‘crossroads’ since its adoption in 1957, Anna Södersten explores the issue of whether the treaty should be kept separate from the EU, or be brought within its framework.
Romania hosts the 2012 Bologna / European Higher Education Area Ministerial Conference and the Third Bologna Policy Forum. In preparation for these meetings, The Executive Agency for Higher Education, Research, Development and Innovation Funding (UEFISCDI) organised the Future of Higher Education - Bologna Process Researchers’ Conference (FOHE-BPRC) in Bucharest on 17-19 October 2011, with the support of the European University Association (EUA) and the Romanian National Committee for UNESCO. The conference brought the voices of researchers into international-level policy making in higher education. The results of the conference are presented in this book. Until now, empirical evidence supporting policies and reforms in higher education has often been a matter of local or regional focus. The development of a pan-European process in higher education policy drives a need to explore wider research topics on which to base policies. This book offers an unprecedented opportunity for higher education researchers to interact and contribute to the political process shaping the European Higher Education Area (EHEA), and to national policy agendas in more than 100 participant countries for the 2012 ministerial events. The book collects more than 50 articles focusing on vital issues in European higher education. These are arranged in sections addressing the European Higher Education Area (EHEA) Principles; Teaching and Learning; Quality Assurance; Mobility; Higher Education Governance in the EHEA; Funding of Higher Education; Diversification of Higher Education Missions; Higher Education Futures and Foresight.
Energy and Environmental Law and Policy Series #39 While the European Economic Community has evolved through the decades into the legal entity of the European Union, the substantive law contained in the 1957 Euratom Treaty has never been amended. Recurring legal discussions of the treaty’s potentially obsolete nature give rise to this much-needed handbook, which provides systematic analysis and evaluation of the competences conferred under the Euratom Treaty. Following the structure of the Euratom Treaty, the author analyses and evaluates the scope, content, exercise, and case law of the Euratom Communities’ competences in the following fields: Promotion of research, with reference to the Horizon research programmes; dissemination of information; health and safety, including environmental protection; investments; joint undertakings; nuclear supplies; safeguards; property ownership of fissile materials; the nuclear common market; and the Community’s external relations. The book deals with issues of stagnation and potential obsolescence through such lenses as the legislative amendment procedure, level of regulatory detail, quantitative elements of exercise, secondary legal acts, and the Court of Justice of the European Union’s power to define and delimit the Euratom Community’s competences. The competences in the fields of military activities and State aid are also examined in detail. The role of principles of subsidiarity and proportionality in European nuclear law and the issue of classification of competences under the Euratom Treaty are addressed in this book. With its systematic, chapter-by-chapter analysis of competences of the Euratom Community under the Euratom Treaty, the book will be welcomed by lawyers and negotiators working in nuclear field, researchers in nuclear law and in the broader competences of the EU, and policymakers in the European nuclear sector. “This book represents an important contribution to the renewed academic discourse on the Euratom Community. I would like to recommend it both to those looking for concise information on this neglected Community as well as to those dealing with the topic of competences with respect to the law of the EU. It is also vital reading for policymakers and lawyers active in the field of energy and nuclear law” Jakub Handrlica, Common Market Law Review (2021)
The authors offer many insights into the regulatory, operational and institutional opportunities and challenges for OLAF, the European Commission's Anti-Fraud Office. Since OLAF was set up in 1999, significant changes in its functional environment have taken place including in EU criminal law and especially in mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol through recent Regulations and Memoranda of Cooperation; and the entry into force of the Lisbon Treaty.The authors advance the view that OLAF's current legal framework must address these issues adequately.The approach they take is multi-disciplinary. OLAF is examined here through the prisms of EU politics and national, European and (to some extent) comparative law, focusing not only on the identification of current problems in regulation and procedure but also on its positioning within the context of European integration. Operational issues are then extensively discussed, making this a book for practitioners as well as policy makers and academics.The book addresses the theoretical and practical aspects of anti-fraud actions within both criminal and civil aspects of public law. Although OLAF works within an incomplete EU legal framework and with varying cooperation by national authorities, its staff have devised mechanisms that address some of these issues. Nevertheless, rules covering procedural and operational issues will need to be safeguarded within future legislation.
Volume I considers the history of the European Union from an outside-in perspective, evaluating which outside forces shaped and guided the process of European integration. Taking an innovative, thematic approach, this volume will be of interest to students and researchers of European integration.
The European Union celebrated its 60th anniversary in 2017, but celebrations were muted by Brexit and the growing sense of a crisis of identity. However, as this seminal work shows, the history and ambition of the European Union are considerable. Written by key stakeholders who, between them, acted as architects, adjudicators and arbitrators of the project, it presents the definitive history of the first two generations of the European Union. This book revisits the birth and consolidation of the great project of a united Europe and the political, institutional, judicial and economical frameworks of the European Union: from the process towards integration, to the advancements and the impasses in building a political union.
Diploma Thesis from the year 2020 in the subject Politics - Region: Western Europe, grade: 2, University of Vienna (Institut für Europarecht, Internationales Recht und Rechtsvergleichung), language: English, abstract: This paper illuminates the relevance of European Union (EU) Energy Law and the responsibilities of States, companies and energy regulators in the EU. This relevance will be mainly in the light of EU regulations and packages, but also international Conventions applying to European actors will be tackled in this paper. First of all, the beginnings of the EU and why energy, especially coal and steel, played such a massive role from the very first start, will be pointed out. Secondly, the legal bases of EU Energy Law in force nowadays will be discussed and explained. Moreover, Energy Law is one of the rare areas where law, economy, politics, and more and more ecological affairs are rearranging the system. Thus, it will be referred to as the growing link between Energy law and Environmental policies and concerns. Last but not least, attention will be drawn to the fact that many European Energy Companies operate outside of the EU for the exploitation of resources and how accountability is triggered on the territory of the European Union in the case of an accident happening outside of Europe. Therefore, the case of the Deepwater Horizon oil spill as the responsible company Beyond Petroleum (BP) is a British multinational business, with headquarters in London, will be briefly examined. To a greater extent, the primary intention of this paper is to generate a broader understanding of EU Energy Law and the necessity to secure and regulate it in order to safeguard our environment in a future of renewable energy sources.
The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.
The volume investigates to what extent the international and European Union legal frameworks applicable to Chemical, Biological and Radio-Nuclear (CBRN) events are adequate to face current challenges. It is innovative in many aspects: it adopts an all-hazard approach to CBRN risks, focusing on events of intentional, accidental and natural origin; it explores international obligations according to the four phases of the emergency cycle, including prevention, preparedness, response and recovery; and it covers horizontal issues such as protection of human rights, international environmental law, new technologies, the role of private actors, as well as enforcement mechanisms and remedies available to victims. The book thus offers a new way of looking at the applicable rules of international law in this field.
This important new work offers a comprehensive and compelling account of State aid law and policy and its application to the energy sector. Clearly structured and offering meticulous detail and robust analysis, it is required reading for all practitioners in the field. The volume explores general questions from the definition of State aid to its application in Member States by national courts. It also examines questions of procedure, questions of compatibility, and State aid and the EEA. It is an invaluable tool for lawyers, policymakers and tax professionals specialising in State aid law and energy law, written by a team of leading practitioners and academics in the field.