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  • The Financial Supervisory Agencies of the European Union and the Question of the European Administrative Procedure
    Views:
    204

    The agency-type organs have a history of several decades in the European Union. In the last few years there were two different tendencies leading towards the establishment of regulatory (or decentralised) agencies with strong powers, especially in the field of financial supervision. The first of these tendencies was the fall of the neoliberal dogma of the self-regulating market – as a consequence of the 2008 financial-economic crisis – which led to the priorities of the decision-makers being reset in favour of a stricter regulation than that of the New Public Management era. The other tendency was that the debate about a European administrative law started to live. The European Supervisory Authorities of the financial sector, which were established after the crisis, are regulatory agencies with strong powers. However, some of their competences are so strong, that it poses questions regarding the legal protection of the participants of the market. Moreover, the case-law related to their function seems to overwrite the accepted norms of delegation of competences within the institutional framework of the European Union.

  • Economic Policy Cooperation in the European Union – Which Way to Go?
    34-52
    Views:
    168

    during the realization of your dream obstacles may arise and they differentiates your choice – „which way to go?” there is an ongoing debate which way the eu should go. the eu has already reacted to the crisis – are these measures satisfactory? Which way the eu seems to choose? to be able to answer some of these questions preliminary studies are necessary. In order to identify the european union you must define the aim, the instruments of the aim, the characteristics, the defects and the changes of these instruments.

    As a matter of fact nowadays the most vital topic is the stabilisation role of the EU. In view of governmental methods, coordinative and regulative governmental methods usually have more stabilisation effects in the EU than financial governmental method. Owing to the crisis, the coordinative and regulative governmental methods have undergone changes. The steps that were made by the EU in the field of financial governmental method are considerable – though further actions should be taken. The financial method with stabilisation function is insufficient. The EU budget cannot play stabilisation function because of limitation of EU revenues. If the EU holds on to the dream of economic and monetary union, the EU should strengthen the tools of economic governance to be able to reduce the shortcomings of one-armed economic governance not only at EU but also at Member State governmental level. Measures taken up until now show other way: they create the vision of a more multi-speed and „multi-way” process...

  • Alternative Solutions to the Problems Posed by the Coronavirus Pandemic in the Field of Social Law (An International Outlook)
    124-144
    Views:
    265

    The 2020 coronavirus pandemic is forcing such political, economic and social responses from the leaders of the nations of the world which in many cases have never been seen before. Excellent new concepts have been formed through the work of professionals, and there have been initiatives that have proven in the short term to be not well-founded. The present study was created in order not to miss the chance to examine the established practices, taking advantage of the opportunity provided by the crisis, as this year can offer many lessons for decision-makers for the future.

  • Environmental Tax Harmonisation and Market-Oriented Legal Regulation in the Light of the CJEU Practice
    95-117
    Views:
    181

    The subject of the present paper is the explanation and justification of environmental taxes in general terms and, in particular, the assessment of the recent european trends as well as the examination of the practice of the EU Court of Justice followed in this field. The paper considers ecotaxes as the means of fiscal policy that can be put into the service of green growth. For the time being, the enforcement of ecological policy is restricted in many aspects within the EU framework, being unilaterally subordinated to the requirement of free competition. For this reason, the EU law mechanisms of adjustment may get stuck in cases where intervention is not necessary in order to have more but, on the contrary, to have less freedom of market. Since it can be considered as obvious from the perspective of thermodynamic restraints that market imperfections cannot be precluded, the possible aim of intervention is certainly not the reconstruction of free trade, but the suspension of the laws of market. The political and legal basis for this is still missing in the European Union both in theory and practice what can be seen as a serious problem.