European Union Member Research Articles

The Polls—Trends

Abstract In 2020, the United Kingdom became the first member state to leave the European Union (EU). This followed a referendum on membership in 2016. Public opinion about EU membership has been regularly measured since the 1970s in Britain. In this Poll Trends article, we document the changes in sentiment towards the EU in a variety of different ways. We report on attitudes towards the cost and benefits; national and European identities; support for continued membership of the EU; specific policy preferences towards Britain’s involvement with the EU; vote intention in a referendum on membership pre- and post- the 2016 referendum; and the prevalence of new political identities created by the referendum.

Legal professional privilege—what do we make of it in jurisdiction Malta? Part 1

Abstract Malta is a European Union and Commonwealth Member, and among the family of the “mixed” jurisdictions, being a Civil Law jurisdiction with extensive Common Law experience. This article will assess Legal Professional Privilege in the small island state. The historical, domestic and contemporary ECHR/EU sources, along with other areas such as the sometimes-blurred distinction or overlapping between professional secrecy, confidentiality and Privilege and the jurisprudential contribution of the Maltese Courts, are reviewed. The review addresses ethical standards including the recommendations of the Council of European Bars, joint and common-interest Privilege, whether Privilege on legal advice in a foreign jurisdiction can be upheld, the situation of internal counsel and the “Iniquity Exception.” The conclusion is that Malta does not distinguish between legal advice and litigation Privilege but acknowledges and applies one-unitary privilege to encompass both.

Export Competitiveness of Agri-Food Sector during the EU Integration Process: Evidence from the Western Balkans

Trade agreements with the European Union (EU) and Central European Free Trade Agreement (CEFTA) significantly influenced the liberalisation of agri-food products in Western Balkan (WB) countries. In all Western Balkan countries, there has been an intensification of the trade of agri-food products and a partial change in the regional and commodity structures of trade. This paper aims to identify comparative advantages of agri-food sectors and consider its tendencies during the EU integration process. Additionally, this paper will discuss some opportunities for improvement of the export positions of agri-food products. In that context and based on the literature review, the indexes of revealed comparative advantages and its modified version will be used as a main method for analysis in this research. Results showed that all Western Balkan countries, except Albania, have comparative advantages in exporting agri-food products. It is evident that Serbia has the highest level of comparative advantages in this sector. Moreover, this paper suggests that all countries should aim to provide the best possible positions for their agri-food products during pre-accession negotiations for EU membership and take the necessary steps towards increasing the level of competitiveness in the common EU market.

REGIONAL PARTY SYSTEM OF NORTHERN IRELAND: EROSION OF BIPOLARITY

The subject of the article is the dynamics of the regional party system in Northern Ireland in 2000-2010s, as well as the factors contributing to the observed changes. The research is based on the theoretical framework of J. Lane and S. Ersson and is chronologically outlined by the period of 1998-2021. Cross-temporal comparative analysis was used as a key research method. The parameters of the comparative analysis include the following variables: number of parties, effective number of parties, number of significant parties, fragmentation of the party system, ideological polarization and electoral instability. The first part of the article is devoted to the characteristics of the theoretical and methodological research design. The second part is devoted to the analysis of the dynamics of the regional party system in Northern Ireland, which is based on the study of structural and ideological elements. In the final part, the results and key findings of the study are presented, including the characteristics of the key factors in the dynamics of the regional party system. The results of the study demonstrate the dynamics of the regional party system in Northern Ireland regarding two parameters - electoral stability and ideological polarization. The degree of electoral stability of the regional party is slightly decreasing due to the redistribution of electoral preferences from unionist parties to alternative ones. The change in the parameter of ideological polarization of the regional party system is observed in two directions - the erosion of bipolarity, as well as the centripetal tendencies of ideologically extreme party actors. The key factors in the dynamics of the regional party system in Northern Ireland at the present stage are the following: instability of the regional political system based on ethno-confessional criteria; the issue of European Union membership and the future status of Northern Ireland; changes in the demographic structure of the regional community.

Torn between Two Lovers: German Policy on Economic and Monetary Union, the New Hanseatic League and Franco-German Bilateralism

German governments and European Union (EU) member states forming the New Hanseatic League (HL) have had very similar preferences on EU / Eurozone financial support mechanisms. We would expect German and HL governments to be close allies on these matters. However, empirically, we detect differences. German governments have repeatedly resisted participating in HL joint positions on EU financial support mechanisms and accepted compromises with France. In order to explain this divergence we consider the relative explanatory merit of economic preferences, based on both material interests and economic ideas—here ordoliberalism—on the one hand, and norms of cooperation—here Franco-German ‘embedded bilateralism’—and geo-strategic interests on the other hand. We disentangle economic preference formation and the choice in favour of a political strategy to pursue these preferences. Economic preferences are one factor explaining the extent of concessions made by Germany to the HL countries and France. However, norms of cooperation and geostrategic interests explain the choice of German governments on how and with whom best to pursue their preferences. German governments have performed a balancing act between the HL and France, skewed towards the latter. The presence of economic crises increases the degree to which this balancing act is skewed towards France.

Trust Thy Neighbour? Compliance and Proximity to the EU through the Lens of Extradition

Abstract The principle of mutual trust between Member States is key to the functioning of European Union (EU) law. Rooted in sincere cooperation and equality of the Union’s States, that principle is premised on compliance with shared values, interests, and rules. This fosters close cooperation in many areas, such as law enforcement, as exemplified by the European Arrest Warrant Framework Decision (EAW FD). Outside the Union, the presumption is that the principle of mutual trust does not apply. This seems confirmed by the case law on the extradition of EU citizens, with the EU Court of Justice (ECJ) prioritizing intra-EU cooperation over forced transfer of Union nationals to the requesting third countries. As the EU has developed a sophisticated network of relationships with its partners, and neighbours especially, the question arises as to when, if at all, third countries can be trusted, and when that trust can be challenged. By using the benchmark of EU membership as the standard of legal proximity, this article analyses the EU’s relationship with some of its neighbours in cases of extradition. The article creates an analytical framework to tackle unanswered questions around mutual trust and cooperation in criminal matters, and to read into the future of the legal relationship between the EU and some third countries.

The Current Picture of the Transition to a Green Economy in the EU—Trends in Climate and Energy Policy versus State Security

This article presents the historical progression of changes and arguments indicating the need to move from fossil energy sources to the green economy in the European Union (EU) countries. It shows trends in the EU’s climate and energy policy compared to the rest of the world. At the same time, it points to the elements of the necessary compromise between the climate requirements and the energy security of countries and their economies. The aim of the article is to present the main quantitative challenges for the development of the green economy in the EU, which are analyzed from the perspective of the year 2030. For this year, specific values have been established to be achieved by European countries in several fundamental areas. On the other hand, the strategic goals and further development perspective are included until 2050. This undoubtedly indicates the complexity of the issue, which is intensified as a result of the various economic and political strategies of many European Union members. At the same time, as part of the analysis carried out, efforts are made to develop concepts and practical recommendations for the development of a green European economy.

Managing Flood Hazard in a Complex Cross-Border Region Using Sentinel-1 SAR and Sentinel-2 Optical Data: A Case Study from Prut River Basin (NE Romania)

In this study, an alternative solution for flood risk management in complex cross-border regions is presented. In these cases, due to different flood risk management legislative approaches, there is a lack of joint cooperation between the involved countries. As a main consequence, LiDAR-derived digital elevation models and accurate flood hazard maps obtained by means of hydrological and hydraulic modeling are missing or are incomplete. This is also the case for the Prut River, which acts as a natural boundary between European Union (EU) member Romania and non-EU countries Ukraine and Republic of Moldova. Here, flood hazard maps were developed under the European Floods Directive (2007/60/EC) only for the Romanian territory and only for the 1% exceeding probability (respectively floods that can occur once every 100 years). For this reason, in order to improve the flood hazard management in the area and consider all cross-border territories, a fully remote sensing approach was considered. Using open-source SAR Sentinel-1 and Sentinel-2 data characterized by an improved temporal resolution, we managed to capture the maximum spatial extent of a flood event that took place in the aforementioned river sector (middle Prut River course) during the 24 and 27 June 2020. Moreover, by means of flood frequency analysis, the development of a transboundary flood hazard map with an assigned probability, specific to the maximum flow rate recorded during the event, was realized.

Waste treatments in the European Union: A comparative analysis across its member states

Waste treatments, which add value to the production system, may contribute to achieving a more circular economy. These recovery treatments are material recycling, composting and digestion, and energy recovery. This paper analyses recycling activity and other waste treatments in the European Union (EU), using a comparative approach among its Member States. In order to do this, some factors that may influence these treatments are studied, such as economic development, R&D expenditure, resource productivity and the period of each country's permanence in the EU. Although waste treatment rates have converged between countries from 2010 to 2018, there are still differences. In order to explain these differences, the countries have been grouped into three clusters through a K-means non-hierarchical cluster statistical analysis. Subsequently, a non-parametric Kruskal-Wallis test has been applied to examine whether these observed differences are significant in the last year of the period analysed. The results corroborate the main hypothesis of this research: there are various behaviour patterns in waste treatments according to the country clusters and based on their real GDP per capita, R&D expenditure, resource productivity and number of years as an EU member.

Unlawfully Obtained Evidence: Follow the Court of Justice of the European Union if You Please

This contribution addresses the case-law of the Court of Justice of the European Union (CJEU) on the issue of the use of unlawfully obtained evidence by the tax authorities in an administrative procedure. In 2015 in the value added tax (VAT) case WebMindLicences the CJEU has set the conditions for excluding evidence in an administrative procedure if that evidence was obtained or used in violation of the law. The highest courts of the neighbouring European Union (EU) Member States Belgium and the Netherlands had already developed in their case-law before the CJEU’s judgment in WebMindlicenses their own legal standard on the exclusion of unlawfully obtained evidence in tax cases. The author contributes to the discussion on whether national courts can maintain their own viewpoint or have to conform to the CJEU’s legal standard for excluding evidence in administrative procedures concerning tax, for the harmonized VAT as well as for the non-harmonized taxes. unlawfully obtained evidence, VAT fraud, fundamental rights, rights of the defence

Evaluation of the Investment Development Path concept in selected Baltic Sea Region states: Where are we?

In the European Union (EU), there are four Baltic Sea Region (BSR) states – Estonia, Latvia, Lithuania, and Poland – which are interlinked by the following facts: the common moment of obtaining EU membership, a common historical path from communism to democracy, and being part of the BSR. Although the selected countries share common roots, it seems that, in terms of the economic development, they may follow a different path. Investment development path (IDP), a concept developed by J.H. Dunning, stresses that the development of a country is a result of being an active exporter of capital. This paper aims to evaluate the progress of the four selected economies in terms of their IDP. The analysis takes into consideration their peculiar economic determinants. The methods used include quantitative and qualitative methods. Among the qualitative methods, a literature review briefly presents Dunning’s IDP paradigm. The review of existing empirical research highlights the contributions of the paper. The quantitative methods cover the statistical data illustrating the progress of the selected countries in terms of the IDP. The data were obtained from United Nations Conference on Trade and Development (UNCTADStat) and Eurostat. The BSR states under investigation differ in terms of their economic growth. However, they share a common denominator of maintaining the role of importer of capital. The highest dynamics of the growth of the outward stock of Foreign Direct Investment (FDI) was observed in Poland and Lithuania. It is Poland and Estonia, however, that seemingly will climb on the ladder of IDP faster than Latvia and Lithuania. In all cases, these countries deal with higher dynamics of annual growth of Outward Foreign Direct Investment (OFDI) than Inward Foreign Direct Investment (IFDI), which suggests that all are at the third stage of IDI. However complex analysis reveals differences that shed new light on the progress of development paths of these BSR states.

Who Are Belgrade’s Most Desired Allies?

Serbia presents itself as a country skillfully balancing between the European Union (EU), Russia, and Asia, trying to maintain good political and economic relations with the biggest players on the international arena. The Covid-19 pandemic and China’s media-publicized assistance to Serbia has affected the perception of which countries are seen as Belgrade’s true allies. At the same time, Serbia remains a EU candidate country (membership negotiations officially started in 2014) and the European Union is not only Serbian biggest trading partner, but also the biggest donor. The main aim of the article is to compare the distinctive meaning that EU membership and cooperation with non-EU countries (mainly China and Russia) has for Serbian political parties, taking into account that the Covid-19 pandemic and the ‘vaccine diplomacy’ influenced the Serbian public discourse and perception on who is the Belgrade’s most trustful partner.

Bosna i Hercegovina u aktuelnim srpskim i hrvatskim političkim koncepcijama

In this article, with some methodological dilemmas, an attempt is made to speak more clearly from a certain historical perspective about the current Serbian and Croatian political conceptions towards Bosnia and Herzegovina, which „produce“ an almost permanent political crisis in this area - from Dayton to today. The continuity and current effects of these policies, which have their roots in some dark historical depths and myths, never changing their essence and their goals, were pointed out. In the current Serbian and Croatian political conceptions, Bosnia and Herzegovina is treated as a „sphere of interest“, which should be mastered as much as possible in peace, if it did not succeed in the war. Serbia and Croatia, in the historical sense, since they have existed as political entities, have been opposed to each other in almost everything. The only thing on which there was a high degree of agreement was the question of the division of Bosnia and Herzegovina, again depending on historical circumstances and other circumstances. (to mention only Tudjman and Milosevic). In the last few years, intensive cooperation and a high degree of „agreement“ between Serbian and Croatian politics have been noticed, again „regarding“ Bosnia and Herzegovina, its status and the definitive post-Dayton division. In this sense, it is not difficult to recognize several common characteristics of both policies. In this article, the author focuses on the following: the first is a declarative and formal public declaration of both to respect the integrity and sovereignty of Bosnia and Herzegovina, while in practical politics this sovereignty is continuously violated and „trampled“, acting as its „rulers“. . Another common feature is the belittling and labeling of all pro-Bosnian political forces, reducing them to „political Sarajevo“ in the pejorative sense of the word, with multiple offensive and deeper meanings, which, in addition to Milorad Dodik (to make the absurd even greater, as president or member of the Presidency of BiH) from the Serbian one, Zoran Milanović, the current president of Croatia, until yesterday a declared friend of Bosnia and the pro-Bosnian SDP, is increasingly expressing himself in his own way. Obstruction of the process of reforms and rapprochement of Bosnia and Herzegovina with the European Union and NATO membership is the third session of the characteristics of Serbian and Croatian politics (albeit in different versions), while the fourth, denial of decisions and verdicts of the Hague Tribunal for crimes and atrocities is dominant over Bosniaks (again in a different version): Serbs deny genocide verdicts, and Croats deny convictions for the Joint Criminal Enterprise. In addition to common characteristics, this paper highlights some special features of the current Serbian and Croatian policy towards Bosnia and Herzegovina, which, again, boils down to one goal: to strengthen (make independent) the Republika Srpska and cantons with a Croat majority, as well as the position of Croats in Federation with the aim of forming a third entity and at the same time weaken the state of Bosnia and Herzegovina until the question of the meaning of its existence is raised. The state's inability to organize the procurement of coronavirus vaccines is just one of the latest proofs that these destructive political forces have succeeded to a great extent. This article points out the consequences of such a policy and emphasizes the need to stop further degradation and collapse of Bosnia and Herzegovina as a state. Such forces exist, they just have to be activated.

Flood legislation and land policy framework of EU and non‐EU countries in Southern Europe

AbstractFloods are a widespread natural hazard affecting people and their assets in regions worldwide, including Southern Europe. Besides coastal floods, the Mediterranean region is highly prone to flash floods driven by short but intense precipitation events. With increasing flood risk due to climate change and socio‐economic conditions, governments are under pressure to reinforce flood protection measures, which could be a great challenge for the weak economies of non‐EU developing countries. This is of particular relevance to achieving international commitments such as the United Nations Sustainable Development Goals. Several policy frameworks have been developed to mitigate flooding risk, at European Union (EU) and global level. These frameworks call for a holistic risk reduction approach where governments, institutions, and households are all responsible for reducing risk. In practice, however, gray infrastructure remains the prevailing flood risk management measure in many countries. Incorporation into national legislation and implementation of the EU policy framework will increase constraints and pressures for non‐EU countries, particularly those strongly committed to becoming EU members in future. This article provides a comprehensive review of policies and measures implemented in four different southern European countries to mitigate flood hazard, and compares governance aspects between EU (Portugal and Slovenia) and non‐EU countries (B&H and Serbia). Understanding governance aspects and the status of flood‐related policy implementation is of critical importance in protecting people and enhancing resilience to climate change impacts. Programs of improvement measures and further integration of sustainable water management with other sectoral policies are required to reduce flood risks.This article is categorized under: Engineering Water > Planning Water Human Water > Water Governance Science of Water > Water Extremes

‘Extraterritoriality’ in European Law: Airfreight and Beyond

Air carriers operate, almost by definition, in an international environment. Under air services agreements (ASAs) concluded by European Union (EU) Member States with third countries, with or without the involvement of European institutions, many non-EU airlines offer flights to or from the Union. However, the correlative increase in competition has not only positive effects, e.g., a wider offer and more advantageous flight rates. The fact that the obligations imposed on – and, in general, the conditions applicable to – non-European carriers in their respective countries of origin are different from those that weigh on European airlines leads to situations in which EU and non-EU carriers do not compete on equivalent terms. Furthermore, anticompetitive behaviour on the part of the airlines cannot be ruled out. The question then is whether and to which extent European legislation is applicable to non-EU carriers, both in terms of competition law and sector-specific regulations. The present article aims at reviewing the current state of ‘extraterritorial’ application of European law, mainly from an antitrust perspective, and it does so on the basis of a thorough analysis of a case currently pending before the General Court (GC), where the jurisdiction of the Commission has been challenged precisely for sanctioning non-EU carriers for acts performed outside the Common Market. Carriage by Air, Competition law, Jurisdiction, Extraterritorial Application of European Law, Air Services Agreements

Assessment of the European monitoring frameworks for circular economy: the case of Croatia

PurposeThe main purpose of this research is to analyse the efficiency of the main European monitoring frameworks to estimate the transition of the countries within the European Union (EU) towards circular economy (CE) using the example of Croatia.Design/methodology/approachAssessment methods with reliable data and appropriate indicators are essential when it comes to measuring transition and progress towards CE. The methodology employed in this research is a systematic and critical analysis of the seven European measurement frameworks employed to assess Croatia's progress towards CE.FindingsThe analysis revealed how EU's monitoring frameworks have developed over time and how useful they are in evaluating country's progress towards CE. The measurement tools and indicators proved, in the case of Croatia, insufficient for clarifying and understanding its progress towards CE. Selection of indicators within monitoring frameworks is arbitrary while their interpretation is highly contextual, dependent on policy targets and local conditions. These results can be extrapolated to other EU member states.Practical implicationsPolicy recommendations for more efficient CE transitions are provided.Originality/valueThis research sheds light on the CE development in Croatia – an understudied European country in this context – and discusses the country's goals towards sustainability. The limited success of developed CE indicators is discussed.

PRECONDITIONS FOR ESTABLISHING PUBLIC PRIVATE PARTNERSHIP AS A MODEL OF EFFECTIVE MANAGEMENT OF PUBLIC AFFAIRS

The scope of state activities, particularly of the public administration is increasing and becoming more demanding. State administration has always served to some higher interest, which slightly changed during the history, but regardless, their activities covers numerous areas of everyday life and often complex and formalized procedures that require specific knowledge and skills.Contemporary approach of state administration needs to be rationalized and inclusive, due to global context, availability of information, higher level of citizen rights and increased needs and other factors. State is adopting new patterns, and one of them that enables the state to follow the social dynamic and rationalize its activities and resources is Public Private Partnership. In this paper the concept of Public Private Partnership has been presented with fundamental motives for its implementation, as well as the benefits and negative aspects, throughout the prism of three countries from Central and Eastern Europe, but practically the same geographical region and with similar political, economic and legal background: Bulgaria, Hungary and Bosnia and Herzegovina. The paper presents the legislative, political and administrative perspective of Public Private Partnership, having in mind that first two countries recently became European Union members, and are just completing the transition that the third country, Bosnia and Herzegovina is starting at the moment.

National Energy and Climate Planning in Serbia: From Lagging Behind to an Ambitious EU Candidate?

Just in the immediate neighbourhood of the European Union (EU), the Republic of Serbia, one of the Western Balkan (WB) EU candidate countries, is lagging behind in the process of energy transition regardless of technological advances and policy instruments available. The EU created a momentum for energy transition acceleration with the European Green Deal, which has been forwarded to the WB through the Energy Community secretariat in the form of the Green Agenda; generally speaking, response in the form of National Energy and Climate Plans (NECPs) is expected in the short term. The Republic of Serbia’s Low Carbon Development Strategy with Action Plan (LCDSA) and the current Energy Strategy will be analysed, commented on, and improvements will be suggested for the acceleration of energy transition, based on the newest findings from the simulation-based optimization techniques using the sector coupling approach to achieve ambitious variable renewable energy shares. The motivation of this research is to provide decision makers in Serbia with the best available insights regarding sustainable energy system planning tools and possible shortcuts for delayed planning of activities. In addition, the purpose is to improve Serbia’s chance of benefitting from adoption of these strategies in the country’s faster transition towards EU membership. The research compares two scenarios to illustrate a possible policy shift from small hydro power plants to photovoltaics (PV). A further increase in PV and wind power plants has been simulated using the EnergyPLAN to achieve expected scenarios of 40% renewable energy share and some more ambitious ones—up to 80%, which is realistic only with the sector coupling approach.

Brexit and the ‘left behind’: Job polarization and the rise in support for leaving the European Union

AbstractThis paper focuses on the changing relationship between attitudes towards European Union (EU) membership and workers affected by globalization and technological advances in the lead‐up to the UK's EU referendum in 2016. It is found that workers employed in middling occupations, where both relative wages and employment have fallen, were significantly more likely than workers in high‐paying occupations to indicate that the UK's long‐term policy should be to leave the EU. This view was particularly noticeable amongst males with middling occupations in the post‐recessionary period between 2012 and 2015 and had increased significantly relative to the mainly pre‐recessionary period between 2004 and 2008.

An inventory of national surveillance systems assessing physical activity, sedentary behaviour and sport participation of adults in the European Union

BackgroundPhysical inactivity has been recognised as a global public health problem that requires concerted action. This calls for systematic physical activity (PA) surveillance as a mechanism for assessing the problem and evaluating the effectiveness of related policies. Because countries tend to design their policy measures based on national surveillance data, here we present an inventory of existing national surveillance systems on PA, sedentary behaviour (SB) and sport participation (SP) among adult population in all European Union (EU) Member States.MethodsAs a part of the European Physical Activity and Sports Monitoring System (EUPASMOS) project, a questionnaire was constructed in the form of an on-line survey to collect detailed information on existing national surveillance systems on either PA, SB, or SP. National HEPA focal points from all 27 EU Member States were invited to answer the on-line questionnaire and data collection took part in the period May 2018–September 2019.ResultsNational monitoring of PA or SB or SP for adults has been established in 16/27 EU Member States, that host 33 different PA/SB/SP monitoring systems. Apart from 3 countries that are using accelerometers (Finland, Ireland and Portugal), surveillance is typically based on questionnaires. In most Member States these questionnaires have not been validated in the particular language and cultural setting. Next, specific domains and dimensions of PA, SB and SP assessed vary a lot across countries. Only 3 countries (the Netherlands, Portugal and Slovenia) are monitoring all three behaviours while covering most of the domains and dimensions of PA/SB/SP. Lastly, as half of the existing surveillance systems set an upper age limit, in 9/16 countries that are monitoring PA/SB/SP, no data for people older than 80 years are available.ConclusionsSystematic surveillance of PA is lacking among 11/27 EU countries, with even few monitoring SB and SP. Besides, existing surveillance systems typically fail to assess all dimensions and domains of PA/SB/SP with only three countries maintaining monitoring systems that encompass all three behaviours while covering most of the domains and dimensions of PA/SB/SP. Hence, additional efforts in advocacy of systematic PA surveillance in the EU are called for.