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- Lehrstuhl für Öffentliches Recht, insbesondere Europarecht und Völkerrecht (Univ.-Prof. Dr. Wolfgang Weiß) (6)
- Lehrstuhl für Verwaltungswissenschaft, Staatsrecht, Verwaltungsrecht und Europarecht (Univ.-Prof. Dr. Mario Martini) (2)
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- Lehrstuhl für Sozialrecht und Verwaltungswissenschaft (Univ.-Prof. Dr. Constanze Janda) (1)
The contribution investigates the impact of COVID-19 on long overdue reforms of German healthcare. The pandemic revealed some major shortcomings in patient care and elicited calls for new legislative solutions, more effective use of resources and a reduction of hospital expenditure.
The proposals discussed here clash with the “stability” which is a major feature of the German legal system.
PURPOSE: The management of cross-border natural resources has been the focus of re-search in different disciplines. Nonetheless, beyond theoretical insights, empirical evidence of successful cross-border management or governance of natural resources is still limited, even in the European Union (EU), where a range of instruments are provided to foster cross-border cooperation between its Member States. This is where our paper departs, providing evidence from an example of cross-border cooperation between two Member States of the EU, Austria, and Slovenia, adding to the analytical framework to identify the drivers of successful cross-border cooperation.
METHODOLOGY: Drawing from the example of the European Grouping of Territorial Cooperation (EGTC) Geopark Karawanken we evaluate the success factors and limits for transboundary cooperation encompassing different forms of cooperation. Furthermore, based on empirical evidence of workshops with local, regional, and national stakeholders, we investigate the potential of the EGTC organizational framework to provide for the successful cross-border management of water resources within the Geopark area.
The links between innovativeness as a driver of economic performance, and the determi-nants of innovativeness have been investigated by management scholars and economists
for decades, focusing mostly on “hard factors” as investment in research and development, or education. Focusing on a relatively neglected, but in times of globalization even more important aspect, the influence of cultural characteristics on innovativeness, we apply different econometric models to test for links between cultural tightness and looseness on the one hand, and national innovativeness on the other hand. We find that cultural tightness — in the sense of homogenous and intolerant societies — has a negative link to national innovativeness, while cultural looseness — in the sense of tolerant and diverse societies — displays a positive link to national innovativeness.
Europeanisation situates local governments in a constantly changing environment, bringing challenges, opportunities, and constraints. These circumstances raise the question, how
local authorities adapt to the process of European integration, face its challenges, and use
its diverse opportunity structures. The article explores four dimensions, through which Europeanisation hits the ground of local government: downloading, uploading, dissemi-nation, and horizontal networking. It examines the distribution of different types of Europe-related activities at the local level using data from a survey sent to all 396 independent cities, towns, and municipalities in the German state of North Rhine-Westphalia. Our empirical analysis provides an overview of the most and least frequent Europe-related activities within the different types of local authorities. The findings of our multivariate analysis shows that next to the direct affectedness by Europeanisation, the municipalities’ capacities in terms of financial and institutional resources have a major influence on their efforts towards Europe.
This introductory article makes the case for studying joint institutional frameworks (JIFs) in EU bilateral agreements and provides an overview of the remaining contributions to the sympo-sium. In doing so, it addresses contemporary policy developments and theoretical debates in political science and international institutional law. It considers the rationale, design, perfor-mance as well as legitimacy of JIFs both in general and, in particular, in the EU's contractual bilateral relations. By mapping out the variety of JIFs in distinct geographical and regulatory contexts, the article develops an overarching argument about the ‘transversal’ nature of such structural frameworks, focusing on the most prevalent structural principles and rules, joint bodies and special procedures, including those not covered in detail in the other contribu-tions to this symposium.
The TCA (EU-UK Trade and Copperation Agreement) establishes a very comprehensive institutional framework with Partnership Council and diverse Committees having partly substantial decision-making powers for the development of the TCA. These considerable public functions prompt legitimacy concerns as to their democratic control, which this article explores in detail. It will be shown that the exercise of public powers by TCA treaty bodies meets with a sobering legal situation regarding democratic control mechanisms over treaty body decision-making at different levels. Thus, from a constitutional perspective, the legal and legitimate transfer of powers requires additional safeguards as to their democratic legitimacy. Solutions for better control of treaty body decisions by parliaments must be developed at several levels simultaneously.
Ex Officio Third Country Subsidies' Review: Similarities with and Differences to State Aid Procedure
(2022)
In May 2021 the European Commission tabled a draft Third Country Subsidies Regulation which stands between trade and competition policy. This new instrument establishes a review of third country subsidies with a view to addressing the competition distortion resulting from foreign subsidies granted to undertakings economically active in the EU internal market. As the new tool complements EU State aid scrutiny with a view to foreign subsidies, the present contribution compares the general procedures and provisions of the new regulation with EU State aid law. It will be shown that despite many similarities with State aid law, considerable differences remain which can be explained by looking at the different procedural and substantive context.
This article takes the proliferation of EU soft law instruments in the management of the COVID-19 pandemic as an opportunity to analyse their effects and challenges to democracy and rule of law in the EU posed by the use of EU soft law in the implementation of EU law. A proposal will be made for a general legal framework on the adoption of administrative EU soft law in order to address them. Enhancing the legitimacy of EU governance requires a general legal framework that introduces minimum procedural, transparency and participa-tory safeguards and foresees looser rules for urgent soft measures. The article thus makes an original contribution by reconsidering the debate about EU soft law in the context of COVID-19 soft law with a view to its salience for domestic implementation of EU law and by developing core elements of a general legal framework.
The Union legislator has recently amended the Aarhus Regulation with the aim of bringing it more in line with the requirements the Aarhus Convention lays down. EU State aid decisions, however, remain excluded from its scope. This exclusion raises questions that form the object of this contribution. The article argues that the arguments presented to justify the continued exclusion of State aid review are not convincing. By not complying with the re-commendations of the ACCC, the EU is in clear violation of international law. Therefore, the article deliberates over the necessary changes and possible exemptions for a sound im-plementation of the Aarhus Convention against the procedural specificities of State aid review, considering also the Commission´s recently presented options, which contain a number of problematic aspects.