This paper attempts to demonstrate that, in the current state of the development of European Union law and against the background of the concept of global constitutionalism (including global environmental constitutionalism and challenges related to climate change), environmental protection, understood as protecting natural heritage, counteracting the irreversible effects of industrialization, and the condition of existence of present and future generations, may be understood as a component of the constitutional core of the European Union.
Rocznik Administracji Publicznej » 2021 (7) » Rola sÄ dów krajowych w egzekwowaniu unijnych norm prawa ochrony Årodowiska A A A
The subject of this paper is the concept of e-democracy in the EU legal order, the concept understood as striving towards a model of society which participates in democratic processes using electronic means of communication in the age of global digitalisation. Technological transformation is an inherent phenomenon of contemporary society and plays an important role in the context of the Union’s aspirations as a space for technological and economic innovation. The progressive digitization of public space is a global fact, which, on the one hand, is linked to the expectation that technology can be used to legitimize the actions of public authorities and engage citizens in democratic processes. On the other hand, the uncontrolled digitisation of the democratic space is associated with the risk of erosion of the foundations of democracy. This papers is intended to address both theoretical and legal aspects of these phenomena.
The European Green Deal announced by the European Commission in December 2019 is a roadmap meant to foster the transition of the European Union towards the climate-neutral economy by reducing carbon emissions towards 55% by 2030 and achieving carbon neutrality by 2050. By putting the EGD in a boarder perspective of evolving, constitutional rationale of environmental protection in the EU legal order, this contribution examines horizontal, legal dimension and financial implications of the green transition. The challenge ahead of the Union is now how to transform the ambitious climate agenda into efficient legal and economic instruments ‘in a fair way, leaving no one behind’. This paper argues that EGD is a great opportunity, but in order to turn it into a success, it must be strongly anchored in the concepts pertaining to the constitutional framework of the EU legal order, in particular, the concepts of solidarity, sustainable development and high level of environmental protection.
This paper explores the evolution and recent developments of the application of financial penalties under Article 260(2) and (3) TFEU.
This article aims at analyzing the concept of administrative practice as a subject matter of the Article 226 EC proceedings. Emphasizing the constant evolution of the notion of a ‘failure to fulfil obligations’ by a Member State and the related dynamics of the procedure established by Article 226 EC, this article examines the process of identification of administrative practice as a distinct subject matter of the infringement proceedings and seeks to set out a general framework for understanding this concept, as opposed to a ‘regulatory’ or ‘legislative’ breach. The analysis demonstrates that the infringement proceedings concerning administrative practice contain a number of particularities, which have bearing on traditional procedural concepts underlying the application of Article 226 EC.
Les autorites irlandaises ont lance un appel d'offres transparent et ouvert a l'ensemble des acteurs communautaires. Les candidats remportant l'appel d'offre se sont vus attribuer des contrats prevoyant le paiement de primes pour la mise a disposition de leur capacite de production. Ces primes sont modulees en fonction de la part de leur investissement que les generateurs auraient pu recuperer sur le marche.
