首页 > 最新文献

European Public Law: EU eJournal最新文献

英文 中文
The European Parliament and Brexit 欧洲议会与英国脱欧
Pub Date : 2021-07-14 DOI: 10.2139/ssrn.3886444
Christopher J. Lord
This paper looks at the role of the European Parliament (EP) in three phases of Brexit: the attempt by the David Cameron Government to renegotiate the UK’s membership of the European Union prior to the 2016 referendum, the Withdrawal Agreement (WA) and the Trade and Cooperation Agreement (TCA). The paper argues that the EP was both a strategic actor and a normative player. As a strategic actor the EP used its veto powers to align closely with the Commission in exchange for influence over the EU’s negotiating position and in an attempt to reinforce the EU’s overall bargaining power. As a normative player the EP attempted to shape standards that would need to be observed in any Brexit. That was important on questions of citizens’ rights, Northern Ireland and the governance of the TCA. However, Brexit also had implications for the EP as well as the other way round. Important questions were raised by the re-allocation of the UK’s seats in the EP, whilst the negotiation of the WA and TCA has lessons for how the EP operates as a ‘working parliament’, often sharing in the work of the Commission and European Council more than opposing them.
本文着眼于欧洲议会(EP)在英国脱欧的三个阶段的作用:戴维·卡梅伦政府试图在2016年公投之前重新谈判英国的欧盟成员国身份,退出协议(WA)和贸易与合作协议(TCA)。本文认为,欧洲央行既是战略参与者,也是规范参与者。作为一个战略角色,欧洲议会利用其否决权与欧盟委员会紧密结盟,以换取对欧盟谈判立场的影响,并试图加强欧盟的整体议价能力。作为一个规范的参与者,欧洲议会试图制定在任何脱欧情况下都需要遵守的标准。这在公民权利、北爱尔兰和TCA管理等问题上非常重要。然而,英国脱欧对欧洲议会也有影响,反之亦然。英国在欧洲议会席位的重新分配提出了重要的问题,而WA和TCA的谈判对欧洲议会如何作为一个“工作议会”运作有借鉴意义,它经常分担委员会和欧洲理事会的工作,而不是反对它们。
{"title":"The European Parliament and Brexit","authors":"Christopher J. Lord","doi":"10.2139/ssrn.3886444","DOIUrl":"https://doi.org/10.2139/ssrn.3886444","url":null,"abstract":"This paper looks at the role of the European Parliament (EP) in three phases of Brexit: the attempt by the David Cameron Government to renegotiate the UK’s membership of the European Union prior to the 2016 referendum, the Withdrawal Agreement (WA) and the Trade and Cooperation Agreement (TCA). The paper argues that the EP was both a strategic actor and a normative player. As a strategic actor the EP used its veto powers to align closely with the Commission in exchange for influence over the EU’s negotiating position and in an attempt to reinforce the EU’s overall bargaining power. As a normative player the EP attempted to shape standards that would need to be observed in any Brexit. That was important on questions of citizens’ rights, Northern Ireland and the governance of the TCA. However, Brexit also had implications for the EP as well as the other way round. Important questions were raised by the re-allocation of the UK’s seats in the EP, whilst the negotiation of the WA and TCA has lessons for how the EP operates as a ‘working parliament’, often sharing in the work of the Commission and European Council more than opposing them.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126885925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Commission v Poland C-562/19 P: Turnover Taxation and State Aid Law 委员会诉波兰C-562/19 P:流转税和国家援助法
Pub Date : 2021-06-17 DOI: 10.2139/ssrn.3869049
L. Parada
This article provides a brief analysis of the Court of Justice of the EU decision of 16 March 2021, C 562/19 P European Commission v Republic of Poland, addressing issues of state aid and progressive turnover taxation.
本文简要分析了欧盟法院于2021年3月16日,C 562/19 P欧盟委员会诉波兰共和国的决定,解决了国家援助和累进流转税的问题。
{"title":"Commission v Poland C-562/19 P: Turnover Taxation and State Aid Law","authors":"L. Parada","doi":"10.2139/ssrn.3869049","DOIUrl":"https://doi.org/10.2139/ssrn.3869049","url":null,"abstract":"This article provides a brief analysis of the Court of Justice of the EU decision of 16 March 2021, C 562/19 P European Commission v Republic of Poland, addressing issues of state aid and progressive turnover taxation.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127034483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Brexit and the Implementation of the Withdrawal Agreement 英国脱欧与脱欧协议的实施
Pub Date : 2021-03-10 DOI: 10.2139/SSRN.3801909
D. Schiek
The Agreement on the UK’s withdrawal from the EU of January 2020 should focus on dissolution, while the future relationship is governed by the yet to ratify Trade and Cooperation Agreement of December 2020. Yet, continuing bonds impact on the future, most prevalent in the situation of EU citizens who moved to the UK and UK citizens who moved to the EU, relying on the continuity of the UK’s EU membership, and the necessity of managing the hybrid position of Northern Ireland and its people, which is protected by the Belfast Good Friday Agreement. Part Two of the Withdrawal Agreement and the Protocol on Ireland / Northern Ireland retain some EU citizenship rights and Northern Ireland’s access to the EU Internal Market for goods. Implementing those remnants of EU membership constitutes a permanent struggle. This chapter elaborates the ensuing difficulties and concludes with practical proposals how to alleviate negative repercussion.
2020年1月关于英国退出欧盟的协议应侧重于解散,而未来的关系则由2020年12月尚未批准的《贸易与合作协定》指导。然而,持续债券对未来的影响,最普遍的是在欧盟公民移居英国和英国公民移居欧盟的情况下,依赖于英国欧盟成员国身份的连续性,以及管理北爱尔兰及其人民混合地位的必要性,这是受贝尔法斯特耶稣受难日协议保护的。脱欧协议第二部分和关于爱尔兰/北爱尔兰的议定书保留了一些欧盟公民权利和北爱尔兰进入欧盟内部商品市场的权利。落实这些欧盟成员国身份的残余构成了一场永久性的斗争。本章阐述了随之而来的困难,并对如何减轻负面影响提出了切实可行的建议。
{"title":"Brexit and the Implementation of the Withdrawal Agreement","authors":"D. Schiek","doi":"10.2139/SSRN.3801909","DOIUrl":"https://doi.org/10.2139/SSRN.3801909","url":null,"abstract":"The Agreement on the UK’s withdrawal from the EU of January 2020 should focus on dissolution, while the future relationship is governed by the yet to ratify Trade and Cooperation Agreement of December 2020. Yet, continuing bonds impact on the future, most prevalent in the situation of EU citizens who moved to the UK and UK citizens who moved to the EU, relying on the continuity of the UK’s EU membership, and the necessity of managing the hybrid position of Northern Ireland and its people, which is protected by the Belfast Good Friday Agreement. Part Two of the Withdrawal Agreement and the Protocol on Ireland / Northern Ireland retain some EU citizenship rights and Northern Ireland’s access to the EU Internal Market for goods. Implementing those remnants of EU membership constitutes a permanent struggle. This chapter elaborates the ensuing difficulties and concludes with practical proposals how to alleviate negative repercussion.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121433012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The EU Protection of Tax Data Transferred to Third Countries 欧盟对转移到第三国的税务数据的保护
Pub Date : 2020-11-13 DOI: 10.2139/ssrn.3730009
C. Garbarino
Exchange of information is interwoven with the worldwide income taxation principle. Residence-countries taxing their residents on income produced both domestically and abroad need the cooperation of source-countries to obtain information about income produced by their residents in those countries. By neutralising the more advantageous effect of no or low taxation in the foreign jurisdiction, a residence-country actually is in a position to claim to subject foreign income to control through exchange of information and administrative cooperation.
信息交换与全球所得税原则交织在一起。居住国对其居民在国内和国外产生的收入征税,需要与来源国合作,以获得有关其居民在这些国家产生的收入的信息。通过抵消在外国管辖区内不征税或低征税的更有利的影响,居住国实际上可以通过交换信息和行政合作来要求控制外国收入。
{"title":"The EU Protection of Tax Data Transferred to Third Countries","authors":"C. Garbarino","doi":"10.2139/ssrn.3730009","DOIUrl":"https://doi.org/10.2139/ssrn.3730009","url":null,"abstract":"Exchange of information is interwoven with the worldwide income taxation principle. Residence-countries taxing their residents on income produced both domestically and abroad need the cooperation of source-countries to obtain information about income produced by their residents in those countries. By neutralising the more advantageous effect of no or low taxation in the foreign jurisdiction, a residence-country actually is in a position to claim to subject foreign income to control through exchange of information and administrative cooperation.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123266173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
'Re-Constituting' the Internal Market: Towards a Common Law of International Trade? 内部市场的“重构”:走向国际贸易普通法?
Pub Date : 2020-11-01 DOI: 10.1093/yel/yeaa005
Robert Schutze
Are the trade philosophies behind the EU internal market and the WTO international market converging or diverging; and are we, or are we not, moving towards a ‘common law of international trade’? Twenty years ago, an interesting—and swiftly famous—answer to this question was given by Joseph H.H. Weiler. Studying the ‘constitution of the common market’, the historical evolution of free movement law is here divided into five periods or generations. The underlying Weiler thesis is thereby as simple as it is beautiful: starting with an early radical philosophy in Dassonville, the European Union has gradually and consistently moved away from its original hyper-liberal approach towards an ever more deferential approach; and the transformation of Article 34 TFEU into a discrimination format ultimately leads to a convergence with international law. What are the empirical and normative credentials of this stylised construction of the internal market? This article argues that there are fundamental shortcomings in this standard interpretation of the evolution of the internal market, and that a historical reconstruction arrives at a very different empirical and normative picture. What can this ‘revisionist’ result mean for EU law scholarship in general? If EU constitutionalism wishes to ‘re-constitute’ its object of study properly, it needs to abandon the abstract ways of philosophizing that have become commonplace in the last 25 years. Part and parcel of this methodological renaissance must be a renewed commitment to test (constitutional) theory against (judicial) practice.
欧盟内部市场与WTO国际市场背后的贸易理念是趋同还是分化?我们是否正在走向“国际贸易普通法”?20年前,约瑟夫·h·h·韦勒(Joseph H.H. Weiler)对这个问题给出了一个有趣且迅速出名的答案。研究“共同市场的构成”,自由流动法的历史演变在这里被分为五个时期或代。因此,维勒的基本论点既简单又美丽:从达松维尔的早期激进哲学开始,欧盟逐渐、持续地从最初的超自由主义方式转向了一种越来越恭顺的方式;将第34条TFEU转变为歧视形式最终导致与国际法趋同。这种内部市场的风格化结构的经验和规范凭证是什么?本文认为,这种对内部市场演变的标准解释存在根本性缺陷,历史重建会得出一个非常不同的经验和规范图景。这一“修正主义”的结果对欧盟法律研究总体而言意味着什么?如果欧盟立宪主义想要正确地“重构”其研究对象,它就需要放弃过去25年来变得司空见惯的抽象的哲学思考方式。这种方法论复兴的重要组成部分必须是对(宪法)理论与(司法)实践进行检验的重新承诺。
{"title":"'Re-Constituting' the Internal Market: Towards a Common Law of International Trade?","authors":"Robert Schutze","doi":"10.1093/yel/yeaa005","DOIUrl":"https://doi.org/10.1093/yel/yeaa005","url":null,"abstract":"\u0000 Are the trade philosophies behind the EU internal market and the WTO international market converging or diverging; and are we, or are we not, moving towards a ‘common law of international trade’? Twenty years ago, an interesting—and swiftly famous—answer to this question was given by Joseph H.H. Weiler. Studying the ‘constitution of the common market’, the historical evolution of free movement law is here divided into five periods or generations. The underlying Weiler thesis is thereby as simple as it is beautiful: starting with an early radical philosophy in Dassonville, the European Union has gradually and consistently moved away from its original hyper-liberal approach towards an ever more deferential approach; and the transformation of Article 34 TFEU into a discrimination format ultimately leads to a convergence with international law. What are the empirical and normative credentials of this stylised construction of the internal market? This article argues that there are fundamental shortcomings in this standard interpretation of the evolution of the internal market, and that a historical reconstruction arrives at a very different empirical and normative picture. What can this ‘revisionist’ result mean for EU law scholarship in general? If EU constitutionalism wishes to ‘re-constitute’ its object of study properly, it needs to abandon the abstract ways of philosophizing that have become commonplace in the last 25 years. Part and parcel of this methodological renaissance must be a renewed commitment to test (constitutional) theory against (judicial) practice.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130747906","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Internal, Systemic and Constitutional Integrity of EU Regulation 883/2004 on the Coordination of Social Security Systems: Lessons from a Scandal 欧盟社会保障制度协调条例883/2004的内部、系统和宪法完整性:来自丑闻的教训
Pub Date : 2020-10-28 DOI: 10.18261/issn.2387-3299-2020-03-02
Tarjei Bekkedal
The Norwegian ‘social security’ scandal concerns the right to export sickness benefits pursuant to EU Regulation 883/2004. Norway is party to the EEA Agreement and the Regulation is binding in Norway. Norway’s Social Security Act requires continued presence in Norway to retain payable benefits. Thousands of claims have been rejected by disregarding Regulation 883/2004 or reading it down. Some hundred citizens have been sentenced to prison for welfare fraud because they stayed in another EU/EEA State and exported cash benefits in the absence of prior authorization.

Legal uncertainty seems to remain, and the exact scope of the scandal is still not clear. The paper discusses the reach and depth of the rights afforded by Regulation 883/2004 on the coordination of social security systems. It argues that the main rules on equal treatment (Articles 4 and 5) and the main rule on free movement (Article 7) provide an unconditional right to export sickness benefits in cash. It provides an account of the internal, systemic, and constitutional integrity of the Regulation, and the equilibrium between coordination and harmonization.
挪威的“社会保障”丑闻涉及根据欧盟第883/2004号条例出口疾病津贴的权利。挪威是欧洲经济区协议的缔约方,该条例在挪威具有约束力。挪威的《社会保障法》要求继续留在挪威以保留应付福利。由于无视第883/2004号条例或将其解读,成千上万的索赔被驳回。数百名公民因福利欺诈被判入狱,因为他们在没有事先授权的情况下留在另一个欧盟/欧洲经济区国家并出口现金福利。法律上的不确定性似乎依然存在,丑闻的确切范围仍不清楚。本文讨论了《883/2004号社会保障制度协调条例》所赋予权利的广度和深度。它认为,关于平等待遇的主要规则(第4和第5条)和关于自由流动的主要规则(第7条)规定了无条件出口现金疾病津贴的权利。它提供了一个内部的,系统的,和宪法完整性的规定,以及协调和协调之间的平衡的说明。
{"title":"The Internal, Systemic and Constitutional Integrity of EU Regulation 883/2004 on the Coordination of Social Security Systems: Lessons from a Scandal","authors":"Tarjei Bekkedal","doi":"10.18261/issn.2387-3299-2020-03-02","DOIUrl":"https://doi.org/10.18261/issn.2387-3299-2020-03-02","url":null,"abstract":"The Norwegian ‘social security’ scandal concerns the right to export sickness benefits pursuant to EU Regulation 883/2004. Norway is party to the EEA Agreement and the Regulation is binding in Norway. Norway’s Social Security Act requires continued presence in Norway to retain payable benefits. Thousands of claims have been rejected by disregarding Regulation 883/2004 or reading it down. Some hundred citizens have been sentenced to prison for welfare fraud because they stayed in another EU/EEA State and exported cash benefits in the absence of prior authorization. <br><br>Legal uncertainty seems to remain, and the exact scope of the scandal is still not clear. The paper discusses the reach and depth of the rights afforded by Regulation 883/2004 on the coordination of social security systems. It argues that the main rules on equal treatment (Articles 4 and 5) and the main rule on free movement (Article 7) provide an unconditional right to export sickness benefits in cash. It provides an account of the internal, systemic, and constitutional integrity of the Regulation, and the equilibrium between coordination and harmonization. <br>","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114995205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Giant Awakens - Law and Economics of Excessive Pricing & COVID-19 Crisis 巨人觉醒:定价过高和COVID-19危机的法律和经济学
Pub Date : 2020-10-07 DOI: 10.2139/SSRN.3706793
B. Kianzad
The COVID-19 crisis have once again elevated one of the most contentious themes in competition law and economics, namely how to deal with excessive pricing and price gouging, to the global stage. Dramatic, sudden price hikes on essential medicines and medical supplies (a practice known as price gouging, or excessive pricing) are reported in many countries affected by the crisis. The Competition Authorities have received many complaints in regards to excessive pricing / price gouging and some have already started investigations, others are closely monitoring the developments. Like a mythical giant, dormant but defiant, excessive pricing time and again captures the attention of policymakers, competition law practitioners and scholars, despite its demise being proclaimed as frequently by a certain strand of law and economics. Excessive Pricing and Price Gouging belong to the most written about, and least understood, issues in competition law and economics, with significantly conflicting views depending on the normative departing points regarding theories of harm, scope and object of competition law and legal-philosophical perspectives. Where one side of the axis elevates presumptions of supposed virtues of excessive prices, self-correcting markets and possible chilling effects on costly and risky innovation in face of vigilant enforcement, the other side of the axis point to wealth transfers as being the prima facie competition law concern, the errors in presumptions by the antagonists of enforcement and ultimately forwards the need to pursue competition law alongside fairness and social policy paradigm beyond a "purist" economic efficiency doctrine. The paper is structured as follows. Following the introductory section depicting excessive pricing theme in general, Section two revisits some examples of excessive pricing and price gouging during the COVID-19 pandemic. Section three offers a critical overview of law and economics theory informing much of the scholarly debate on excessive pricing as an anti-competitive practice. Section four presents an updated overview of the origins of the prohibition as well as recent enforcement actions in European Competition Law, demonstrating a shifting ground. Section five critically approaches the various arguments pro and con excessive pricing enforcement in the literature, finding the bulk of the normative and empirical arguments against enforcement not particularly persuasive. Section six concludes with a view on and beyond COVID-19 crisis with some law and policy recommendations.
新冠肺炎疫情再次将竞争法和经济学中最具争议的主题之一——如何应对过度定价和价格欺诈——推上了全球舞台。据报告,在许多受危机影响的国家,基本药物和医疗用品价格突然大幅上涨(一种被称为哄抬价格或定价过高的做法)。竞争事务主管当局已接获许多有关定价过高/哄抬价格的投诉,有些已展开调查,有些则正密切监察事态发展。过度定价就像一个神话般的巨人,蛰伏着,但却充满挑战,它一次又一次地吸引着政策制定者、竞争法从业者和学者的注意,尽管某些法律和经济学分支经常宣布它的消亡。过度定价和价格欺诈是竞争法和经济学中被写得最多、但理解得最少的问题,它们的观点相互矛盾,这取决于关于损害、竞争法的范围和对象以及法律哲学观点的规范性出发点。轴心的一边认为,面对警惕的执法,过高的价格、自我纠正的市场以及对成本高、风险大的创新可能产生的寒蝉效应是有好处的,而轴心的另一边则指出,财富转移是竞争法的首要关切。执法对手在假设上的错误,最终提出了在“纯粹主义”经济效率学说之外,追求竞争法与公平和社会政策范式的必要性。本文的结构如下。在介绍定价过高主题之后,第二节回顾了2019冠状病毒病大流行期间定价过高和哄抬价格的一些例子。第三节提供了法律和经济学理论的批判性概述,为过度定价作为反竞争实践的学术辩论提供了信息。第四节介绍了禁令起源的最新概述,以及欧洲竞争法中最近的执法行动,展示了一个不断变化的基础。第五节批判性地探讨了文献中支持和反对过度定价执行的各种论点,发现反对执行的大部分规范和经验论点不是特别有说服力。第六部分总结了对COVID-19危机的看法,并提出了一些法律和政策建议。
{"title":"The Giant Awakens - Law and Economics of Excessive Pricing & COVID-19 Crisis","authors":"B. Kianzad","doi":"10.2139/SSRN.3706793","DOIUrl":"https://doi.org/10.2139/SSRN.3706793","url":null,"abstract":"The COVID-19 crisis have once again elevated one of the most contentious themes in competition law and economics, namely how to deal with excessive pricing and price gouging, to the global stage. Dramatic, sudden price hikes on essential medicines and medical supplies (a practice known as price gouging, or excessive pricing) are reported in many countries affected by the crisis. The Competition Authorities have received many complaints in regards to excessive pricing / price gouging and some have already started investigations, others are closely monitoring the developments. Like a mythical giant, dormant but defiant, excessive pricing time and again captures the attention of policymakers, competition law practitioners and scholars, despite its demise being proclaimed as frequently by a certain strand of law and economics. Excessive Pricing and Price Gouging belong to the most written about, and least understood, issues in competition law and economics, with significantly conflicting views depending on the normative departing points regarding theories of harm, scope and object of competition law and legal-philosophical perspectives. Where one side of the axis elevates presumptions of supposed virtues of excessive prices, self-correcting markets and possible chilling effects on costly and risky innovation in face of vigilant enforcement, the other side of the axis point to wealth transfers as being the prima facie competition law concern, the errors in presumptions by the antagonists of enforcement and ultimately forwards the need to pursue competition law alongside fairness and social policy paradigm beyond a \"purist\" economic efficiency doctrine. The paper is structured as follows. Following the introductory section depicting excessive pricing theme in general, Section two revisits some examples of excessive pricing and price gouging during the COVID-19 pandemic. Section three offers a critical overview of law and economics theory informing much of the scholarly debate on excessive pricing as an anti-competitive practice. Section four presents an updated overview of the origins of the prohibition as well as recent enforcement actions in European Competition Law, demonstrating a shifting ground. Section five critically approaches the various arguments pro and con excessive pricing enforcement in the literature, finding the bulk of the normative and empirical arguments against enforcement not particularly persuasive. Section six concludes with a view on and beyond COVID-19 crisis with some law and policy recommendations.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"54 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123343218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Asymmetrical Crisis in the European Union: The Example of Greece 欧盟的不对称危机:以希腊为例
Pub Date : 2020-09-20 DOI: 10.2139/ssrn.3695831
Kristīne Krūmiņš
The article presents the current economic crisis from an historical perspective, analyzing the building of the monetary integration and the common currency. The process is explained pointing out its effects on the European integration and outlining the positive and negative consequences of the introduction of a common currency in the European Union. The investigation continues with a general outlook of the current situation of the countries more affected by the current crisis, Greece, Ireland, Portugal, Spain and Italy. All of them have in common the necessity of extra funding in a context of austerity, plus some national particularities. The author proposes an expansion in the public spending as the only reliable way to stimulate the European economies in crisis. As the Euro meant the end of the monetary independence of the member states it is suggested an innovate solution, the creation of an Economic government in the Union in order to transfer funds from the wealthier states to the countries in troubles. It is presented as a necessity for the states in crisis, a necessity for the wealthier states and a must for the European Union.
Introduction.
本文从历史的角度分析了当前的经济危机,分析了货币一体化和共同货币的建设。对这一过程进行了解释,指出了其对欧洲一体化的影响,并概述了在欧洲联盟引入共同货币的积极和消极后果。调查继续对受当前危机影响较大的国家(希腊、爱尔兰、葡萄牙、西班牙和意大利)的现状进行总体展望。所有这些国家都有一个共同点,即在财政紧缩的背景下需要额外的资金,再加上一些国家的特殊性。作者认为,扩大公共支出是刺激处于危机中的欧洲经济的唯一可靠途径。由于欧元意味着成员国货币独立性的终结,有人提出了一种创新的解决方案,即在欧盟内建立一个经济政府,以便将资金从较富裕的国家转移到陷入困境的国家。它被认为是危机国家的必需品,是富裕国家的必需品,也是欧盟的必需品。
{"title":"Asymmetrical Crisis in the European Union: The Example of Greece","authors":"Kristīne Krūmiņš","doi":"10.2139/ssrn.3695831","DOIUrl":"https://doi.org/10.2139/ssrn.3695831","url":null,"abstract":"The article presents the current economic crisis from an historical perspective, analyzing the building of the monetary integration and the common currency. The process is explained pointing out its effects on the European integration and outlining the positive and negative consequences of the introduction of a common currency in the European Union. The investigation continues with a general outlook of the current situation of the countries more affected by the current crisis, Greece, Ireland, Portugal, Spain and Italy. All of them have in common the necessity of extra funding in a context of austerity, plus some national particularities. The author proposes an expansion in the public spending as the only reliable way to stimulate the European economies in crisis. As the Euro meant the end of the monetary independence of the member states it is suggested an innovate solution, the creation of an Economic government in the Union in order to transfer funds from the wealthier states to the countries in troubles. It is presented as a necessity for the states in crisis, a necessity for the wealthier states and a must for the European Union.<br>Introduction.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"141 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115904642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A socially just transition through the European Green Deal? 通过《欧洲绿色协议》实现社会公正转型?
Pub Date : 2020-09-17 DOI: 10.2139/ssrn.3699367
S. Sabato, Boris Fronteddu
The aim of this working paper is to provide a preliminary assessment of whether the European Green Deal constitutes a suitable policy framework to combine environmental and economic objectives with the pursuit of social fairness, thus ensuring a just transition towards more sustainable economies and societies. Such an assessment appears particularly relevant in a period in which the EU and its Member States are figuring out how to redesign their economies and societies in order to cope with the unprecedented social and economic crisis triggered by the Covid–19 pandemic.
本工作文件的目的是初步评估欧洲绿色协议是否构成了一个合适的政策框架,将环境和经济目标与追求社会公平结合起来,从而确保向更可持续的经济和社会的公正过渡。在欧盟及其成员国正在研究如何重新设计其经济和社会,以应对新冠肺炎大流行引发的前所未有的社会和经济危机之际,这样的评估显得尤为重要。
{"title":"A socially just transition through the European Green Deal?","authors":"S. Sabato, Boris Fronteddu","doi":"10.2139/ssrn.3699367","DOIUrl":"https://doi.org/10.2139/ssrn.3699367","url":null,"abstract":"The aim of this working paper is to provide a preliminary assessment of whether the European Green Deal constitutes a suitable policy framework to combine environmental and economic objectives with the pursuit of social fairness, thus ensuring a just transition towards more sustainable economies and societies. Such an assessment appears particularly relevant in a period in which the EU and its Member States are figuring out how to redesign their economies and societies in order to cope with the unprecedented social and economic crisis triggered by the Covid–19 pandemic.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117337035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 24
Law-Making and Adjudication for the Internal Market: The Role of Economic Reasoning 内部市场的立法与裁判:经济推理的作用
Pub Date : 2020-09-16 DOI: 10.2139/ssrn.3694273
J. Franck
This paper assesses the extent to which economic arguments may or must influence law-making and adjudication related to the internal market of the EU. Therefore, the normative foundations of the internal market as an instrument of EU law are investigated. Consequences in regard to the internal market competence (Article 114 TFEU) and the choice of regulatory level, ie the EU legislature's choice to harmonise or not to harmonise, are discussed. Using various examples related to the EU fundamental freedoms and EU secondary law, it will be shown that there is indeed scope for economically sound arguments and that there is added value to be gained by including them.
本文评估了经济论点可能或必须影响与欧盟内部市场有关的立法和裁决的程度。因此,对内部市场作为欧盟法律工具的规范基础进行了研究。讨论了关于内部市场能力的后果(第114条TFEU)和监管水平的选择,即欧盟立法机构选择协调或不协调。使用与欧盟基本自由和欧盟次级法相关的各种例子,将显示确实存在经济上合理的论点的范围,并且通过包括它们可以获得附加价值。
{"title":"Law-Making and Adjudication for the Internal Market: The Role of Economic Reasoning","authors":"J. Franck","doi":"10.2139/ssrn.3694273","DOIUrl":"https://doi.org/10.2139/ssrn.3694273","url":null,"abstract":"This paper assesses the extent to which economic arguments may or must influence law-making and adjudication related to the internal market of the EU. Therefore, the normative foundations of the internal market as an instrument of EU law are investigated. Consequences in regard to the internal market competence (Article 114 TFEU) and the choice of regulatory level, ie the EU legislature's choice to harmonise or not to harmonise, are discussed. Using various examples related to the EU fundamental freedoms and EU secondary law, it will be shown that there is indeed scope for economically sound arguments and that there is added value to be gained by including them.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129194487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
期刊
European Public Law: EU eJournal
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1