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The Balance of Competences Review in the United Kingdom, 2012-2014

12-01-2016

Against a backdrop of continuing and often intense political debate in the United Kingdom about its relationship with the rest of the European Union (EU), the Coalition Agreement of May 2010, underpinning the 2010-2015 Conservative–Liberal Democrat government, stated that the new administration would ‘examine the balance of the EU’s existing competences’, in the context of an overall government commitment to ‘ensure that there is no further transfer of sovereignty or powers’ to the EU during that ...

Against a backdrop of continuing and often intense political debate in the United Kingdom about its relationship with the rest of the European Union (EU), the Coalition Agreement of May 2010, underpinning the 2010-2015 Conservative–Liberal Democrat government, stated that the new administration would ‘examine the balance of the EU’s existing competences’, in the context of an overall government commitment to ‘ensure that there is no further transfer of sovereignty or powers’ to the EU during that five-year parliamentary term. This process was taken forward in a formal ‘Review of the Balance of Competences between the UK and the EU’, which was launched in July 2012 and concluded in December 2014. The UK government’s official communication to the House of Commons and House of Lords to launch the Balance of Competences Review (Command Paper 8415) used a broad definition of EU competence, covering ‘everything deriving from EU law that affects what happens in the UK’. The review was to seek to examine all the areas where the Treaties gave the EU competence to act (see box below), and to audit what the EU did and how this affected the UK. The whole process would be ‘comprehensive, well-informed and analytical’, gathering evidence to help inform public debate. Whilst the review would be government-led, it would also involve outside experts, organisations and individuals who wished to feed in their views on the issues covered.

Responsibility in Investor-State Arbitration in the EU - Managing Financial Responsibility Linked to Investor-State Dispute Settlement Tribunals Established by EU's International Investment Agreements

03-12-2012

The Lisbon Treaty extends exclusive European Union competence to foreign direct investment (FDI). In this context the issue of dispute settlement will be included in future EU Investment Agreements. For such situations the European Commission has put forward a draft proposal on how financial responsibility could be shared between the EU and/or a Member State (MS). The proposal aims to address possible conflicts that may arise between the EU/Commission and the respective MS when claims are brought ...

The Lisbon Treaty extends exclusive European Union competence to foreign direct investment (FDI). In this context the issue of dispute settlement will be included in future EU Investment Agreements. For such situations the European Commission has put forward a draft proposal on how financial responsibility could be shared between the EU and/or a Member State (MS). The proposal aims to address possible conflicts that may arise between the EU/Commission and the respective MS when claims are brought under investment agreements or chapters concluded between the EU (or the EU and its MSs) and a third state. Moreover, the proposal deals with the representation of the EU or MS in arbitral proceedings. The study provides background under public international law by setting out the responsibility of states and international organisations, and considers the financial reimbursement laws and policies of several federal states. Further analysis is provided on the proposal’s respective provisions on financial distribution, respondent status, settlement and the technical aspects of reimbursement. Particular attention is given to the external competence of the EU in relation to the internal competences of MSs, specifically with regard to standards of treatment. Other issues addressed include executive federalism with respect to allocating financial responsibility and the balance between unity of external representation and MS' interests. The conclusions are largely based on the issue of internal/external competence, acknowledging the importance of the language of future investment agreements and chapters in clarifying some of these technical aspects.

Autore esterno

Christian TIETJE, Emily SIPIORSKI and Grit TÖPFER (Law School of University Halle, Germany)

The Impact on the EU and National Budgets of EU Agencies - Case Studies

16-07-2012

The study looked into the impact - on both EU and national budgets - of transferring responsibilities/tasks from the national to the European level following the creation of EU agencies and also examined possible synergies and duplications between them. The study focused on two growing EU agencies - the European Aviation Safety Agency and the European Medicines Agency - which cooperate with the national agencies in different ways. The study covers all 27 Member States and provides an analysis of ...

The study looked into the impact - on both EU and national budgets - of transferring responsibilities/tasks from the national to the European level following the creation of EU agencies and also examined possible synergies and duplications between them. The study focused on two growing EU agencies - the European Aviation Safety Agency and the European Medicines Agency - which cooperate with the national agencies in different ways. The study covers all 27 Member States and provides an analysis of available financial figures and qualitative assessments in order to evaluate the impact at national and EU level.

Autore esterno

PricewaterhouseCoopers SARL, Luxembourg

The United Kingdom's EU bill

28-03-2011

Although the United Kingdom does not have a constitutional tradition of referenda, calls for a popular vote on its relationship with the EU have become increasingly loud and sustained since the EU Constitutional Treaty was abandoned in 2005. The new government's EU bill would, inter alia, introduce the most comprehensive ’referendum lock’ of any Member State on future transfers of power to the EU.

Although the United Kingdom does not have a constitutional tradition of referenda, calls for a popular vote on its relationship with the EU have become increasingly loud and sustained since the EU Constitutional Treaty was abandoned in 2005. The new government's EU bill would, inter alia, introduce the most comprehensive ’referendum lock’ of any Member State on future transfers of power to the EU.

Internalisation of External Effects in Environmental Policy

01-12-2003

The damage to the economy and the environment caused by external effects is estimated at about 4% of the Gross Domestic Product (GDP). This is reason enough for the European Commission to propose instruments for the internalisation of external effects. This working document shows the economic basis for this policy and describes how it can be introduced in practice, followed by some recommendations. This paper is intended to help readers without an economic background to understand how people in Europe ...

The damage to the economy and the environment caused by external effects is estimated at about 4% of the Gross Domestic Product (GDP). This is reason enough for the European Commission to propose instruments for the internalisation of external effects. This working document shows the economic basis for this policy and describes how it can be introduced in practice, followed by some recommendations. This paper is intended to help readers without an economic background to understand how people in Europe would benefit from the external effects measures although they would have to pay significantly more e.g. for transport services. We have tried to keep the text intelligible, with sparing use of unexplained economic terms. The statements are explained through graphs without complicated equations or derivations.

Autore esterno

Micha Braeuer, Former Robert Schuman Scholar

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