Bøger om EU

Marlene Wind – EU-ekspert og flittig debattør – giver her sit bud på Europas tilstand. Hun frygter, at antiglobalisme og identitetspolitik vinder over dialog, samarbejde og liberale værdier. Den tendens, Marlene Wind går op imod, kalder hun tribalisering – det fænomen at befolkningsgrupper søger sammen med dem, der ligner dem selv, og bekæmper dem, der står udenfor. Vi ser det i Storbritannien, hvor Brexit-tilhængere beskylder deres modstandere for forræderi og stempler EU-tilhængerne som upatriotiske forrædere, og i populistiske bevægelser i Ungarn og Polen, hvor demokratiet har lidt nederlag over for illiberalismen, og hvor frie valg, et uafhængigt retssystem og en fri og kritisk presse står for fald. Denne bog er et wakeupcall på et tidspunkt, hvor tidligere forsvarere for liberale værdier i stigende grad tier stille eller ligefrem slutter sig til det voksende kor af tribalister. Bogen – som også findes på spansk og engelsk – opmuntrer alle europæere til at forsvare vores liberale værdier, det sande demokrati og det europæiske retssamfund.

Denne fremstilling udgør en del af værket ”Obligationsret”, som blev grundlagt af professor Bernhard Gomard. Værket er opdelt i 4 bøger, hvor denne 3. del behandler emner som kreditor- og debitorskifte samt fordringers ophør.Som Obligationsret 1., 2. og 4. Del har Obligationsret 3. Del til formål at formidle et overblik over gældende dansk obligationsret, gøre rede for almindelige obligationsretlige principper i dansk ret og at illustrere samspillet mellem forskellige regler. Skønt formålet er at redegøre for gældende dansk ret, indeholder fremstillingen en række henvisninger til norsk, svensk, tysk, engelsk, fransk ret og US-amerikansk ret. Der henvises i fremstillingen også til de lovgivningsovervejelser, der er kommet til udtryk i nogle nyere europæiske »privatkodifikationer«, nemlig DCFR (Draft Common Frame of Reference), PECL (Principles of European Contract Law) og UPICC (Uniform Principles of International Commercial Contracts).Sammenligner man den nu foreliggende udgave af Obligationsret 3. Del med førsteudgaven fra 1993, vil man se, at der reelt er tale om en ny bog. Størstedelen af teksten er om- eller nyskrevet. Som følge af ændringerne i lovgivningen siden 1993 – bl.a. nye regler om digital tinglysning i 2006, om forældelse i 2007, om rekonstruktion i 2011 og om meget andet (herunder om betalinger, hvidvask og kapitalmarkeder) – og tilkomsten af mange nye retsafgørelser og litterære bidrag er det begrænset, hvad der står tilbage af den oprindelige tekst, der blev trykt for 25 år siden.Der er i almindelighed ikke taget hensyn til materiale, der er fremkommet efter den 3. januar 2018.

Which European and non-European ideas and practices facilitated the shaping of European unity? Or rather, which pursuits led to deadlocks in the cooperation between states? The book seeks answers to these questions by surveying the historical attempts at realizing supranational patterns of governance in Europe since the Middle Ages. The main focus is on the nineteenth and twentieth century organizational models of European unification. The analysis draws on an abundance of historical and legal source material. While the author encourages critical thinking about European integration, the exploration is admittedly based on specific values. va Bka claims that the struggle for the humanization of power with its democratic creative force has been the major driver in the development of the system of liberties and the idea of European unity. The analysis of the historical process up to the Lisbon Treaty (2007) with the recognition of common, shared, and supported competences meets the author's set of values to a great extent. The last part of the book examines whether the European Union can serve as a political and economic organizational model for other parts of the world.

This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter?The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view.As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction - social dumping being the prime example - special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues.The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.

Research Paper (undergraduate) from the year 2018 in the subject Politics - International Politics - Topic: European Union, grade: 1,3, University of Constance, language: English, abstract: With my study I want to contribute to the current debate on the influence of so-called lobby coalitions on policy outcomes with a focus on the way the lobbying process in the European Commission is organized. Since this is a rather new field that still lacks empirical research, I will analyse the influence of lobby coalitions in European policymaking with the help of a representative case. I will focus on business lobby coalitions especially.In the end of November 2017, the German Minister of Agriculture voted surprisingly for a further use of the herbicide Glyphosate in the Council of the European Union. However, Minister Schmidt did neither concur with his national coalition partner SPD nor with the World Health Organisation, which declared that Glyphosate could foster cancer. Did Schmidt give the agriculture lobby a voice with his vote? Companies like Monsanto, being part of the German Giant Bayer and the agriculture lobby, would have lost its main field of business with a decision against the herbicide. The controversial case of Glyphosate revives the old debate on the role of business interest lobbyism in the EU. Frequently, the process of policy making is under critic by the public for its lack of transparency in regard to the influence of powerful business lobbies. Particular the European Commission (EC), which on one hand has an exceptional role in the European legislation and on the other hand relies on input legitimacy for their policy-making, which is mainly provided by experts (interest groups) and on their expert information.

Seminar paper from the year 2017 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, Leuphana Universität Lüneburg, language: English, abstract: On the 26th July 2012, a time characterised by uncertainties about the future of the Eurozone, Mario Draghi, President of the European Central Bank (ECB) declared ¿Within our mandate, the ECB is ready to do whatever it takes to preserve the euro. And believe me, it will be enough.¿ The announcement detached historic political, economic and especially legal incidents. Only two months later, the ECB published a press release, which proclaimed the introduction of Outright Monetary Transactions. These operations allowed for the purchase of government bonds form Member States (MSs), which take part in the ESFS or ESM and conquer macroeconomic structural adjustment programmes. Despite the fact that the press release was hardly ever followed by a binding legal act or instrument to implement OMT, the mere pronouncement had the power to reassure the financial markets. From that date on, there were no more such extreme spreads in interest rates for government bonds. But the announcement caused a judicial tremor, known as the Gauweiler case. In response to Gauweiler and others¿ complaint against the OMT, the German Federal Constitutional Court (BVerfG) asked the Europan Court of Justice (ECJ) the first time in history for a preliminary ruling (Art. 267 TFEU) on the legality of the OMT programme. According to the BVerfG the ECB has exceeded its role provided by the Treaties of the European Union ultra vires by initiating a measure that a) has an economic and not a monetary nature (Art. 127 TFEU) and b) violates the prohibition of monetary financing (Art. 123 TFEU). The ECJ¿s judgement was very different from that of the BVerfG, in the way that the OMT programme is compatible with EU law in the light of the European Court. Gauweiler had extensive implications on the powers of the ECB, the relation-ship between the ECJ and national courts (especially the BVerfG) and the constitutional framework of the European Economic and Monetary Union (EMU). In addition, the case made important contributions to the distinctions between economic and monetary policy.

Seminar paper from the year 2018 in the subject Politics - International Politics - Region: Western Europe, grade: 2,3, University of Applied Sciences Stuttgart, language: English, abstract: The average global temperature is rising since years due to the increase of greenhouse gases. Human activities cause this phenomenon, which allows the solar energy to enter the atmosphere but not to outgo it. Melting glaciers leading to a rise of the sea level is just one of numerous consequences, which could endanger insular states or any other coastal areas. Extreme weather events yield to floods and droughts in areas in which environmental disasters didn¿t occur before. For this reason, especially for poor countries, who can¿t handle the aftermaths, are affected which represents a danger for their food production but also for the lives of many people. For instance, heatwaves have already caused many of deaths. In addition, the agricultural area and the availability of fresh water is decreasing because of the rising temperatures. The dropping stocks of aliment, as for example fish, causes regional conflicts, famines and flows of refugees. Moreover, many kinds of plants and animal become extinct owing to the results of the climate change. As you can see the global warming is affecting not only the liquefying poles and the polar bears but also us, the hole humanity and the living standard of future generations. The United Nation (UN) estimates the number of migrants who are forced to leave their homeland by reason of the environment by several million people. So how exactly can we protect the climate, what is climate protection, what is the contribution of the European Union (EU) to it and why do we need a European climate policy?

Seminar paper from the year 2012 in the subject Politics - International Politics - Topic: European Union, grade: 1,0, Cardiff University (Political Science), language: English, abstract: ¿If there would not be a parliament, every waiter could govern¿ (Otto von Bismarck). With this statement, the Prussian-German statesman Otto von Bismarck emphasised the importance of a parliament within a democracy. The Parliament is the legislative and the heart of a democracy. Its importance is based on some key functions which it carries out to control the executive and to represent the interests of the citizens.When the Lisbon Treaty came into force on 1st December 2009, the supporters of the European Parliament (EP) celebrated its empowerment. The Treaty gave the EP more power, so that some people are now of the opinion that the EP has the same rights and functions of a proper parliament and put it on the same level as a proper parliament. But is this really true? Indeed, the European Parliament is a powerful institution and within the European Union it should play the role of the legislative. But is it really equal with a proper parliament? Does it really perform the same key functions as a proper parliament? In this essay, I will discuss the statement: ¿the European parliament is not a proper parliament because it does not carry out the key functions a proper parliament would perform.¿

Four out of five European citizens want to have a bigger say in EU policymaking. Already now, they can participate in the European Union through elections, citizens¿ initiatives, consultations, petitions, dialogues, and the Ombudsman. But how well do these participation instruments work? Do citizens know about them? What is their impact on EU policymaking? This study examines seven EU participation instruments in depth. It finds that the EU offers a patchwork of participation instruments that work well in some respects but remain largely unknown and create little impact. To strengthen the voice of European citizens, the EU should move from its participation patchwork to a coherent participation infrastructure. Voting every five years is not enough. A democratically accountable and legitimate EU depends on the ongoing and effective participation of citizens.

Scientific Study from the year 2018 in the subject Politics - International Politics - Topic: European Union, grade: 1, University of Catania, language: English, abstract: The European Union has always been alleged of institutional democratic deficit with the claim that the main institutions of the Union suffer from democratic accountability. The debate on democratic deficit in the EU led to the Spitzenkandidaten system in 2014 in which European political parties nominated candidates for the president of the European Commission. The nomination of the candidates for the position of president of the Commission is considered as one of the important ways to make the institution accountable to EU voters through their representatives in the European Parliament. This paper examines the extent at which the introduction of Spitzenkandidaten influences voting behavior of the EU citizens in the 2014 European parliamentary elections, especially in the Member States of the two leading candidates nominated by the two major or largest, in terms of number of MEPs, European political parties in the EP. On the other hand, the paper critiques the claim on democratic deficit which largely borders on lack of accountability in the institutional framework of the EU in relation to decision making by adopting a teleological interpretation of the Treaties.The aim of this paper is in three folds, first, to analyze the result of the 2014 parliamentary election turnout (with special attention on the countries of the two leading candidates proposed by the political parties for the president of the Commission) with the introduction of Spitzenkandidaten. Second, to examine representation and accountability among the three main decision making EU institutions with respect to Treaties' provisions in other to provide answers to the questions bordering on democratic unaccountability raised in many studies. And third, to adopt the intertwined responsibilities and competences enshrined in the foundation of the Union (i.e. the Treaties) to explain the reason for multiple and sometimes, overlapping agenda-setting processes in the European Union. Then, I will conclude that the democratic deficit claim in the European Union is a myth as the EU is constructed in such a way that allows for checks and balances amongst the main decision-making institutions which make them accountable to one another with the extensive powers of National Parliaments of Member States, as well as EU citizens, to exercise control over the European Commission, European Parliament and the Council.

The UNIDROIT Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts:They constitute a neutral and pragmatic business-oriented contractual regime for cross-border contractsThey contain multiple solutions to typical contractual questions regarding the life of a contract, often by way of a compromise between civil and common lawThey have been referenced in hundreds of decisions of arbitral tribunals or national state courtsThey have been endorsed inter alia by the United Nations Commission on International Trade Law (last in 2021) and the Union Internationale des Avocats (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countriesThirty years after their first publication, it is arguably malpractice to ignore them.In this fully revised and enlarged 2nd edition, the commentary continues to analyse the UNIDROIT Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the UNIDROIT Principles' clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material.The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. The author is using the UNIDROIT Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the UNIDROIT Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting.

Russia's attack on Ukraine has disrupted European Eastern policy. At the same time, different perspectives on that policy have clashed. This is particularly visible in the German and Polish cases. In order to build a new European Eastern policy, we have to understand differing perspectives and clear up misconceptions and misunderstandings.The book contributes to the understanding of the perspectives and experiences of both sides and enables us to draw lessons from the past. Ten politicians and renowned experts from Poland and Germany such as Sabine Fischer and Iwona Reichardt focus on German and Polish Eastern policies from Willy Brandt, through the times of Polish democratic transformation, German unification, the annexation of Crimea until the Russian attack on Ukraine in 2022. In conclusion, Aleksander Kwasniewski, Former President of Poland, and Nils Schmid, Spokesman on Foreign Affairs of the SPD Parliamentary Group, present their outlooks for a future European Eastern policy.With contributions from lreneusz Bil, Agnieszka Bryc, Sabine Fischer und Reinhard Krumm, Aleksander Kwasniewski, Kai-Olaf Lang, lwona Reichardt, Bernd Rother, Nils Schmid and Karsten Voigt.

Increasing irrigation efficiency has been high on the political agenda in Spain for many years. However, the overarching aim to reduce agricultural water consumption has not been met so far. To explore this phenomenon, Nora Schütze investigates processes of coordination between the water and agricultural sector in three Spanish river basins in the context of the EU Water Framework Directive implementation. From the perspective of polycentric governance, she identifies multiple mechanisms which illustrate how and why actors interact in certain ways, and thus shows why environmental aims of the Water Framework Directive remain unachieved.

The book offers a horizontal legal analysis on the problematic of risk sharing, which arises inevitably in an economic and political integration process, such as in the European Union, and even more so in the euro area. The question is how the burden of adverse economic developments is spread across the integration area, in this case the euro area, whether risk is distributed evenly and what risk sharing mechanisms apply.The book looks at the legal basis and the concrete stage of development of such mechanisms in European law, as well as at divergences among national legal orders and practices as a source for risk asymmetries. Individual contributions refer in particular to the areas of banking, capital markets and unemployment insurance.The point of view adopted in the book is important for everyone who wants to develop a robust understanding of the practical functioning of the complex integration process regulated by EU law.