The Experts below are selected from a list of 43218 Experts worldwide ranked by ideXlab platform
Soeren Keil - One of the best experts on this subject based on the ideXlab platform.
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EUropeanization, State-building and democratization in the Western Balkans
Nationalities Papers, 2013Co-Authors: Soeren KeilAbstract:The Western Balkans have seen rapid changes since the end of the violent conflicts in the 1990s. The EUropean Union (EU) has been one of the main drivers for change, focusing on the political, economic and social transformation of the region to prepare the countries for Membership in the Union. This introduction to the special issue will clarify the key terms and their interaction in the Western Balkans. EU enlargement has never before been this complex and inter-connected with processes of State-building and democratization. The focus on conditionality as the main tool of the EU in the region has had positive and negative effects. It can be argued that the EU is actively involved in State-building processes and therefore the term EU Member State Building will be used to explain the engagement of the Union with the countries in the region. This paper will discuss the concept of EU Member State Building, its potential and its pitfalls. It will be demonstrated that the stabilization of the region is unlikel...
Jens Woelk - One of the best experts on this subject based on the ideXlab platform.
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EU Member State-Building in the Western Balkans: (Prolonged) EU-protectorates or new model of sustainable enlargement? Conclusion
Nationalities Papers, 2013Co-Authors: Jens WoelkAbstract:More than 20 years after the violent break-up of Yugoslavia EUropean efforts to create sustainable States in the Western Balkans, as discussed in the papers of this Special Issue, have brought about some progress, but a lot of work remains. This conclusion will draw on some of the themes developed in the previous papers and contrast to what extent EU Member State-Building provides a new framework for enlargement and what the key questions of sustainable expansion of the EU and functional State-building through conditionality will be. It concludes that the EU's current engagement with the Western Balkans faces many problems and obstacles and therefore some reconsideration might be necessary.
Helmut R. Brand - One of the best experts on this subject based on the ideXlab platform.
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Policy challenges and reforms in small EU Member State health systems : a narrative literature review
European journal of public health, 2016Co-Authors: Natasha Azzopardi-muscat, Tjede Funk, Sandra C. Buttigieg, Kenneth Grech, Helmut R. BrandAbstract:Background: The EU directive on patients’ rights and cross-border care is of particular interest to small States as it reinforces the concept of health system cooperation. An analysis of the challenges faced by small States, as well as a deep evaluation of their health system reform characteristics is timely and justified. This paper identifies areas in which EU level cooperation may bring added value to these countries’ health systems. Method: Literature search is based primarily on PUBMED and is limited to English-language papers published between January 2000 and September 2014. Results of 76 original research papers appearing in peer-reviewed journals are summarised in a literature map and narrative review. Results: Primary care, health workforce and medicines emerge as the salient themes in the review. Lack of capacity and small market size are found to be the frequently encountered challenges in governance and delivery of services. These constraints appear to also impinge on the ability of small States to effectively implement health system reforms. The EU appears to play a marginal role in supporting small State health systems, albeit the stimulus for reform associated with EU accession. Conclusions: Small States face common health system challenges which could potentially be addressed through enhanced health system cooperation at EU level. The lessons learned from research on small States may be of relevance to health systems organized at regional level in larger EUropean States.
Konstanze Von Papp - One of the best experts on this subject based on the ideXlab platform.
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Clash of 'Autonomous Legal Orders': Can EU Member State Courts Bridge the Jurisdictional Divide between Investment Tribunals and the ECJ? - A Plea for Direct Referral from Investment Tribunals to the ECJ
Common Market Law Review, 2013Co-Authors: Konstanze Von PappAbstract:The issue addressed in this article is whether investor-State arbitration within the EU (based on intra-EU BITs) is compatible with EU law. Under the current approach, investor-State arbitration based on intra-EU BITs is seen as a threat to the Court of Justice for the EUropean Union’s (CJEU’s) authoritative power of interpretation, because relevant questions of EU law may never reach the CJEU. This, however, is only true if investment treaty arbitration is treated in the same way as commercial arbitration. Under the Nordsee and Eco Swiss judgments, commercial arbitration tribunals are not allowed to make preliminary references to the CJEU. This conventional approach, as illustrated by the recent case of EUreko v Slovak Republic, relies on the supervisory powers of the EU Member State courts in international (commercial) arbitration. It focuses on the reviewability of questions of EU law only in so far as they form part of EU public policy. Typically, such review and potential reference from the Member State court to the CJEU will take place only at the enforcement stage. This article argues that the case law of the CJEU could be interpreted in a way that would allow investment tribunals to make direct references for a preliminary ruling. Investment treaty arbitration as a species of transnational public law is different from commercial arbitration, which was the subject of the Nordsee and Eco Swiss judgments. If references from investment tribunals to the CJEU were allowed, as a matter of law, there would be no bypassing of the CJEU and therefore no threat to the EU judicial system. The advantages of the proposed system of direct referral would be that investment tribunals could refer any question of EU law, which would enhance the role of EU law in investment treaty arbitration. Also, they would be able to do so at any stage of the arbitration proceedings. This would alleviate the risk that any final award eventually proves unenforceable within the EU for breach of EU public policy. This would not only be more efficient but also create legal certainty for the parties to an investment treaty arbitration and better respect investment treaty law and arbitration within the EU. Please note that this is the pre-edited version of an article that has been accepted for publication in one of the forthcoming issues of the Common Market Law review. Publication with kind permission from Kluwer Law International.
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clash of autonomous legal orders can EU Member State courts bridge the jurisdictional divide between investment tribunals and the ecj a plea for direct referral from investment tribunals to the ecj
Common Market Law Review, 2013Co-Authors: Konstanze Von PappAbstract:Investor-State arbitration based on intra-EU BITs is often seen as a threat to the ECJ's authoritative power of interpretation, because relevant questions of EU law may never reach the ECJ. This, however, is only true if investment treaty arbitration is treated in the same way as commercial arbitration, where arbitral tribunals are not allowed to make preliminary references to the ECJ (see Nordsee and Eco Swiss). This conventional approach, as illustrated by the recent case of EUrekov. Slovak Republic, relies on the supervisory powers of the EU Member State courts in international (commercial) arbitration, focusing on the reviewability of EU public policy. This article argues that the case law of the ECJ could be interpreted in a way that would allow investment tribunals to make direct references for a preliminary ruling. If references from investment tribunals to the ECJ were allowed, as a matter of law, there would be no bypassing of the ECJ and therefore no threat to the EU judicial system. The advantages of the proposed system of direct referral would be that investment tribunals could refer any question of EU law at any stage of the arbitration proceedings. This would enhance the role of EU law and alleviate the risk that any final award eventually proves unenforceable within the EU for breach of EU public policy. This would not only be more efficient but also create legal certainty and better respect investment treaty law and arbitration within the EU.
Anita Heindlmaier - One of the best experts on this subject based on the ideXlab platform.
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'Social Citizenship' at the Street Level? EU Member State Administrations Setting a Firewall.
Journal of common market studies, 2020Co-Authors: Anita HeindlmaierAbstract:EUropean integration, and especially the EUropean Court of Justice, has challenged the national character of social rights; the latter have become increasingly transnational. This contribution examines the impact of the Court at the street level. It analyses how Member State administrations handle the social rights of mobile EU citizens in practice in case they are granted discretion. Therefore, a framework of shades of compliance is developed that captures Member State responses to EU law beyond the dichotomy of compliance and non-compliance. I argue that Member State administrations tend to make the access to social benefits difficult. Still, there may be differences in the shade of compliance on the ground. Surprisingly, these differences cannot be explained by the party-political environment but depend to a high degree on exposedness. The claim is empirically supported by a comparative study of Austrian welfare (and migration) administrations' practices.
