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European administrative networks (EANs) are an increasingly prominent form of European Union (EU) governance. Although these networks are typically portrayed as important and flexible forms of organization, we lack knowledge of their temporal dimension, including their development in times of crisis. This paper provides a first analysis of network interaction as it unfolds before and during times of severe crisis for the EU internal market. Specifically, we examine interactions in the EU internal market network SOLVIT. This network offers member states both a formalized procedure for the bilateral resolution of cases of alleged misapplication of EU law, and an informal network for general discussions on internal market topics and SOLVIT‐related matters beyond specific case‐resolution. Based on unique three‐wave survey data, we develop a continuous‐time model (stochastic actor‐oriented model) to analyze the evolution of SOLVIT's informal interactions over time. In explaining these developments, we reflect on the importance of two crises: the exit of a central SOLVIT member (the United Kingdom), which drove informal interactions to a great extent, and COVID‐19, which led to great sudden uncertainty and challenges for the implementation of internal market law. Our results show that the network is remarkably stable and despite, or rather because of, these crises, has become denser over time. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Comunitario Europeo is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Internasjonal Politikk is the property of Cappelen Damm Akademisk and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The free movement of goods is widely believed to be a prime example of the negative integration paradigm. Its defining characteristic is a strong judicial process, fuelled by – and fuelling – litigation, which eclipses the weak(er) political process. The article argues that this dominant narrative is no longer accurate. Based on a new dataset of all Article 34 TFEU cases decided by the CJEU between 1961 and 2020, it shows that goods litigation has been disappearing from the Court's docket since the mid-1980s. The reasons for this, it is argued, lie in changing incentive structures for both litigants and national courts, which have reduced the appeal of bringing goods cases, as well as a rise in EU legislation. The consequence is a demise of negative and a turn towards positive integration. [ABSTRACT FROM AUTHOR]

The purpose of the article is the logical and methodological establishment of the conceptual foundations of sectoral struc)tural shifts based on the need to ensure the competitiveness of the economy in the conditions of digital transformations. The article presents a targeted sectoral structure of the economy with an eye on its competitiveness based on the pro)spective importance and development of industries, their strategic orientation, innovation and modernization technology, the ability to provide a high level of added value, the efficiency of using resource potential. The characteristics of the system-forming role of information and communication technologies (ICT) in the structural and sectoral development of the economy in accordance with the need to ensure its competitiveness and features and progressive requirements for the progressive development of the agro-industrial complex, digital trade and the financial services sector, the sphere of consumer services, construction industries, electronic industry, transport and communication. The positions of Ukraine in international competitiveness ratings are summarized and conclusions are drawn about the insufficient formation of our country's competitive potential for adaptation to globalization and digital transformations. Changes in the priorities of the structural and sectoral development of the economy in the conditions of digitalization have been identified, in which the technologies of precise management, adaptive production, IT systems for planning and regulating business operations, digital design and modelling, integrated communications, robotics, computerization of infrastructure, interactive systems, virtual and automated management, hardware and computer systems, remote maintenance and other progressive IT products. As a result, it is proved that the structural and sectoral reforming of the national economy should be oriented towards the target needs of ensuring competitiveness and development of the domestic market, and to achieve this, digitization and the use of ICT play a key role. At the same time, a successful relationship between various industries, types of economic activity and business areas should be considered as confirmation of a sufficient level of balance and rationality of the structure of the economy. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the possible economic consequences of Ukraine’s accession to the European Union for this organization. Most researchers pay attention first of all to the possible results of Ukraine’s accession to the EU for itself. However, in order to understand the motives of certain opposition of Ukraine’s movement to this organization on the part of some of its members, it is important to assess the results of such accession for the EU and its members. Studies have shown that Ukraine is capable of strengthening the economic and security positions of the European Union. This can be realized through the creation of a defense hub in Ukraine, which will not only produce military products for supply to EU countries, but also provide its own army to protect the borders of the European Union. The undersaturated domestic market of Ukraine can become a driver for the European economy on its way out of the long depression. Cheap, but high-quality and motivated labor force in Ukraine, as well as its proximity to the European market, creates favorable conditions for the relocation of European investments from the countries of Southeast Asia. Ukraine’s natural resources will be able to reduce the dependence of EU countries on external suppliers and create favorable conditions for the development of «green» energy. At the same time, with the accession of Ukraine to the EU and NATO, the length of the border with such a dangerous neighbor as Russia is significantly increasing, which will require additional costs to strengthen it. In order to turn the potential gains from Ukraine’s accession to the EU into reality, significant expenditures on providing assistance to our country are necessary. Since Ukraine has significantly worse economic indicators than other EU countries, with its accession the average indicators for the EU will also deteriorate, which will negatively affect the global image of the organization. We should also not forget about the growing level of competition on European markets in those areas where Ukraine already has significant potential (agriculture, logistics, etc.). Understanding both the potential gains and threats is important for the proper construction of the EU membership strategy. Joint efforts are needed to create favorable conditions for realizing gains and minimizing potential threats.

After the limbo caused by the COVID-19 pandemic, Chinese investments have picked up in the first quarter of 2023. Investments through China’s Belt and Road Initiative are carried out by approaching potential participants individually, or via dedicated platforms outside the EU’s legal and institutional framework. Thus, the EU Framework for the Screening of Foreign Direct Investment – which is likely to get its so-called “baptism of fire” after its COVID-induced hibernation – can be seen as an implicit response to said Chinese initiative. This framework should be considered a message directed simultaneously towards foreign actors, discouraging them from attempting to carry out investments in the EU with the intention of bypassing the relevant European rules, and also towards Member States, cautioning them against facilitating such operations. The author will argue that the regulatory model has too many in-built unknowns that could prevent the framework from achieving its objectives.

The article emphasizes the relevance of the formation and implementation of the State policy of ensuring structural changes and institutional reforms in the internal market. The aim of the study is to scientifically substantiate the methodological and applied principles of structural changes in the internal market. On the basis of the carried out analysis of the current results of researches in the field of conceptual foundations of structural changes, reforms of transformations, institutionalism, structural policy, etc., the directions (components, criteria for analysis) of generalization of the theoretical and methodological principles of structural changes are defined and, as shown, they include the following: structure of the economy by types of economic activity; full-fledged institutional environment and institutional transformations; effective changes in reproductive processes; balance of proportions between sectors of the regional economy; innovation and technological activity and its contribution to the competitiveness of the regional economy. It is concluded that within the framework of the product and sectoral approaches, structural reforms are manifested in the formation of a rational and effective production and sectoral structure of the regional economy. It is proved that, according to the institutional approach, structural reforms are based on the quality of the institutional-organizational and institutional-legal environment of economic management. It is stated that with account of changes in the reproduction processes, structural reforms are characterized by the quality and dynamics of reproduction processes in terms of resource provision and material production, also by the ratios between savings, investments, and consumption. It is confirmed that, according to the sectoral approach, structural reforms are characterized by the formation of rational correlations among the forms of ownership, organizational and legal forms of management, size of enterprises, spheres of the enterprise activity, etc. It is identified that according to the innovation-technological approach, structural reforms are determined by the volume, intensity, progressiveness and efficiency of innovation-technological modernization of enterprises.

This article takes a comprehensive look at the integration of mobile roaming, WiFi4EU and the smart city concept within the European Union in the context of sustainability. These initiatives form key elements of the digital development and transformation of European cities. Starting with a brief look at the functioning of the European Union's internal market, the article briefly analyzes the objectives of these projects, highlighting their interplay and benefits for citizens. It focuses on the development of smart cities and the importance of digital connectivity in the process of building smart cities. It discusses the WiFi4EU initiative, which provides funding for free public WiFi networks and promotes digital inclusion. It also looks at the core pillars of smart cities, including digital connectivity, efficient transport, environmental protection, innovation and citizen participation. The article discusses the challenges associated with this integration, such as ensuring interoperability of different technological solutions and data privacy. It also highlights the importance of cooperation between city authorities, local communities and European institutions to achieve successful digital urban development. The research emphasizes the economic sustainability implications of these integrated technologies, considering the potential for innovation, job creation and economic growth within the digital and tech sectors. The main method used in the writing process was the analysis method, which was complemented by the comparison and synthesis methods. The final discussion assesses the benefits and challenges that this integration brings for the development of cities and the improvement of the quality of life of citizens. By critically examining the convergence of mobile roaming, WiFi4EU and smart cities in the European Union, this study aims to provide insights into the transformative potential of sustainable connectivity. The findings contribute to ongoing discussions on urban development strategies, emphasizing the need for a holistic approach that addresses both technological advancements and the imperative of sustainable practices for the benefit of current and future generations. [ABSTRACT FROM AUTHOR]

Digital, economic, and societal development has prompted the industry to shift its focus from offering products or services to bundles of products and services. Given the breadth of product- service systems in the modern economy, it is becoming increasingly important to consider how they should be regulated at the EU level. This paper investigates whether the traditional distinction between goods and services in EU free movement law applies to product-service systems. To this end, EU primary law, specifically the distinction between goods and services under Article 26(2) of the TFEU, is examined. The argument of this paper builds on the body of case-law of the CJEU where the predominance test was applied to traditional cases of product-service bundles and the medium test to cases with a digital component. It proposes a functional, normative, and constitutional inquiry to determine whether product-service systems fall under the rules governing free movement of goods, services, or a sui generis category. It concludes that coherence of EU law, rather than convergence of the two freedoms, is required to ensure predictability and legal certainty for business owners and consumers. [ABSTRACT FROM AUTHOR]

Copyright of Historia Regional is the property of Historia Regional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Security of supply refers to governmental policies that aim to secure the availability of critical products at all times. The COVID-19 pandemic brought to fore the importance of such policies, as suddenly there was an overwhelming need for critical medical supplies that the markets were not able to fulfil. Following the pandemic, the EU has started to construct its own security of supply policy, although lacking an explicit competence for it. This Article shows how competence on security of supply is actually split between the EU and the Member States, and highlights the consequences of this division. [ABSTRACT FROM AUTHOR]

The Foreign Subsidies Regulation (FSR), effective since 12 October 2023, empowers the European Commission to investigate third-country financial contributions to EU companies distorting the internal market. The regulation covers a wide range of foreign contributions and introduces notification obligations for mergers and public procurement. The European Commission can also initiate investigations independently, impose corrective measures and impose fines for failure to notify. Companies must adapt their internal processes and consider the impact on costs and timelines. Before undertaking transactions or tenders, collecting information on foreign contributions is crucial, even below notification thresholds. [ABSTRACT FROM AUTHOR]

Currently, the most frequently studied, adapted and management concepts and tools adopted belong to the US management. and Japan, so the U.S. became the current world leader again Japan is quite developed. The reason lies in the fact that companies in Japan and the United States are characterized by the highest competitiveness. Next, we will try a review of a general characteristics of Japanese and American management and culture, including similarities and the differences between them. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 363-372 | What Should Have Said | (Abstract) This rewriting of Keck and Mithouard is based on three categories of measures having equivalent effect: (1) national measures which disadvantage imported goods, (2) product requirements and (3) indistinctly applicable measures capable of substantially impeding the access of goods to a Member State market. Thus, instead of the category of national measures relating to certain selling arrangements, Nachtnebel, Langrée and Rodger's judgment emphasises that national measures which do not discriminate directly or indirectly, and which do not qualify as 'product requirements' in the sense of Cassis de Dijon, must substantially impede market access in order to qualify as measures having equivalent effect. The resulting judgment roughly follows the approach of Advocate General Jacobs in Leclerc-Siplec.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 349-352 | What Should Have Said | (Abstract) This preface to the new series What ... Should Have Said: Rewriting Landmark Judgments of the European Court of Justice introduces the project and its rationale. Legal scholars typically critically analyse court judgments so as to provide a ‘soft power based’ check on judicial reasoning and provide doctrinal and normative guidance for courts in future cases. Notwithstanding the merits of legal scholarship, especially scholarly critiques of case law invites the question of how these scholars concretely would have decided the respective cases. What ... Should Have Said provides a new way of ‘doing EU law’ by asking both junior and senior EU legal scholars to literally rewrite landmark judgments of the European Court of Justice.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 353-362 | What Should Have Said | (Abstract) The European Court of Justice's judgment in Keck and Mithouard is one of the crucial judgments in the development of the free movement of goods, and EU internal market law more generally. Keck generated a vast number of scholarly commentaries. Its legacy has continued to be widely debated following more recent judgments including Commission v Italy (trailers) and Deutsche Parkinson Vereinigung. This introduction aims to briefly revisit the developments leading to the Keck judgment, the central parts of the Court's reasoning, and its legacy in subsequent case law. It will conclude with a brief introduction to the four rewritings in this issue.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 393-403 | What Should Have Said | (Abstract) This rewriting of Keck and Mithouard unequivocally states that the French prohibition on sale at a loss is a measure having equivalent effect, and relies to this effect on the Oosthoek line of case law. Gormley's judgment aims to closely follow the logic of earlier case law, including the Sunday trading case law. The judgment also concludes that a general prohibition of sale at a loss is contrary to Article 30 EEC. Insofar as such a general prohibition takes no account of the reason why the products are offered at a loss, it goes beyond what is necessary and proportionate to ensure fair trading and the protection of consumers. Also in regard to proportionality, the judgment aims to strictly follow the 1980s case law, starting with Cassis de Dijon.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 385-391 | What Should Have Said | (Abstract) This rewriting of Keck and Mithouard maintains the basic underlying philosophy of the Keck judgment but dispenses with the terminology of ‘certain selling arrangements’. Enchelmaier’s judgment squarely overturns the Sunday trading case law by stating that Member States ‘need not justify rules that apply equally in law, and do not entail greater factual burdens for imported than for domestic goods’. The judgment allows for only one exception to this rule, namely that ‘universal bans’ – i.e. national measures prohibiting the marketing of a type or types of product altogether – must be justified because they raise legislative frontier to trade contrary to what is now Article 26(2) TFEU.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 373-383 | What Should Have Said | (Abstract) This rewriting of Keck and Mithouard aims to retain the ‘spirit’ of Keck without resorting to categorising national measures into ‘product requirements’ and ‘certain selling arrangements’. The judgment is informed by Senn and Nussbaum’s capability approach and a social justice perspective on the free movement of goods. To this effect, Schøyen’s judgment affirms that only national measures which either negatively impact the competitive position of goods from other Member States or prevent their market access altogether require justification. Thus, the judgment clarifies that product requirements in the sense of Cassis de Dijon are measures having equivalent effect because they impose a double burden on foreign producers. The Sunday trading case law, by contrast, is overturned, like in Keck itself.

Since the Treaty of Rome, the protection of local producers by Member States is, in principle, prohibited. Indeed, the Court of Justice of the European Union has, throughout the decades, done its utmost to ensure that the Treaty provisions on the free movement of goods and services serve the goal of greater European integration. While reading these judgments, it is very easy to overlook the fact that taxation was at their core. Indeed, throughout the 1960s and 1970s, numerous taxes on imports and exports became the object of the Court’s most foundational cases, and current legal literature still praises their unifying effect. Seventy years later, Europe, like the rest of the world, must face up to two unprecedented global crises: the collapse of biodiversity on the one hand, and climate change on the other. The recent alarming reports regarding climate change and biodiversity loss mean that, from now onwards, the Union and its Member States must deploy all measures conceivable to reach the objectives set out in international agreements such as the Paris Agreement on Climate Change, the Glasgow Climate Pact and the latest Kunming-Montreal Global Biodiversity Framework. The object of this paper is to analyze which fiscal measures Member States and the Union may adopt to prevent further damage from being done to the environment. Damage which some would say has been primarily caused by failures in the market which the Court of Justice set out to create during the first two decades following the Union’s inception. In this context, the author identifies all the legal constraints which Union law imposes on the design of environmental taxes at national level, together with the constraints which primary law places upon the potential conception of a European-wide environmental tax. The paper opens with a general discussion of the theoretical foundations of environmental taxes. It demonstrates that there exists, at least in theory, an elementary understanding of the essential functions which environmental taxes should possess. It then goes on to discuss the avenues open at the European level for the institutions to act in the fiscal field by adopting Europe-wide environmental taxes. Although the Union seems badly equipped to introduce a general tax on activities which are environmentally harmful, its efforts in matters of indirect taxation merit both praise and critical discussion. In the second part of the paper, the author discusses the principal provisions of Union law which guide Member States in their adoption of environmental taxes. Finally, the author demonstrates that the actual state of Union law does, indeed, permit the utilization of environmental taxes to shift economic demand in favor of environmentally friendly goods. Although Member States continue to enjoy a large margin of appreciation in the field of taxation, the author still believes that a more comprehensive response to the current environmental crisis should ideally originate from the institutions - even if part of it means creating a European-wide environmental tax.

Compatibility of economic advantages with the internal market refers to the economic impact of state aid that is permitted by EU competition rules. In general, this approach is based on the acceptance of derogations from basic obligations in a market economy, that may also be granted by the European Union to its Member States. Due advantages seem compatible with EU law per se, however, such compatibility also depends on the discretion of the competent administrative and judicial bodies. According to the analytical and empirical legal policy investigation presented in this article, the activity of the Court of Justice of the European Union is increasing in order to allow exceptions from general rules and extend the scope of compatibility in this field. This process may lead to enhance derogations from market-based commitments in Member States, typically in certain Central and Eastern European countries, which tend to emphasize the primacy of national regulation and are keen to exploit the potential of such broader regulatory autonomy. The aim of the study is to identify the origin and nature of this risk in order to support efforts that may diminish harmful effects in an EU-wide context. The empirical evidence of the paper derives from a systematically selected set of case law as a context by which the examined policy orientation is mirrored.

As a result of the evolution of information and communication technologies, medicines, like other goods, are now increasingly marketed on the EU internal market through these channels. When examining the compatibility of the conditions for the supply of retail medicinal products with European Union law, the Court of Justice has recognized the specific nature of medicinal products, whose therapeutic effect significantly distinguishes them from other goods. Taking into account all these aspects, this article aims to analyse the centralized regulation of online pharmacies in relation to European Union law, the jurisprudence of the Court of Justice of the European Union, as well as the legislative measures taken at national level to provide medicinal products to the population through the Internet. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1431-1446 | Article | (Table of Contents) I. Introduction. - II. The development of European consumer protection policy. - III. The limits of art. 12 TFEU. - IV. Coordination between consumer and environmental policy: a new avenue to activate art. 12 TFEU? - IV.1. The 2020 Consumer agenda. - V. Conclusion. | (Abstract) The integration clause contained in art. 12 TFEU has been rarely invoked in European policymaking. This is due to the generic language adopted by the EU legislator, who does not impose an obligation on the EU bodies to integrate consumer protection in other Union policies or on Member States, thus reducing the justiciability of the provision. Compared to other TFEU provisions dedicated to consumer protection, the strength of art. 12 TFEU seems extremely low. However, art. 12 TFEU may come in handy in the development of a more sustainable economy in which the interests of consumers are not only focused on strengthening the internal market but also on safeguarding the environment and reducing industrial waste. This Article evaluates whether and how art. 12 TFEU may impact the choices of European bodies on the circular economy, the European Green Deal and the re-cent Consumer Agenda strengthening the role of consumers in the green transition.

Currently, the most frequently studied, adapted and management concepts and tools adopted belong to the US management. and Japan, so the U.S. became the current world leader again Japan is quite developed. The reason lies in the fact that companies in Japan and the United States are characterized by the highest competitiveness. Next, we will try a review of a general characteristics of Japanese and American management and culture, including similarities and the differences between them.

Public procurement has been regulated by (then) European Economic Community (EEC) secondary law since 1971. Substantive EU rules aim at enforcing non-discrimination in the internal market. To this end, they prescribe competitive and transparent award procedures contracting authorities or entities must follow to choose their partner. Remedies for breaches of substantive procurement rules have been the object of an early codification in (then) EEC law. The recitals in Directive 89/665/EEC clearly state the issue the directive itself is expected to address: existing arrangements at both national and Community levels for ensuring their application are not always adequate to ensure compliance with the relevant Community provisions particularly at a stage when infringements can be corrected. Many remedies, however, are only named without much details being provided on what is required at national level. Moreover, in the past few years, the Court of Justice seems to have become more restrained in adding details to the Remedies Directives, having instead more and more often recourse to the principle of procedural autonomy. This leaves much uncertainty on the standard of review required or appropriate under the Remedies Directives.

The regulation of public procurement in the European Union focuses on the internal market and its function in accordance with the fundamental freedoms. It aims at installing a behaviour for the public sector which is similar dynamics to the function of private markets. However, the regulation of public procurement reflects a characteristic of the relevant markets which is sui generis and has as main feature the pursuit public interest. These markets are referred to as public markets, which are distinct from private markets in their driver. Public markets exist to deliver public interest, whereas private markets exist to allow operators pursue profit. The regulation of public procurement rests on harmonisation which as a legal and policy process has been selected by European institutions to convey such regulation through directives. The latter are legal instruments which provide frameworks for implementation of the acquis communautaire but allow the required flexibility through discretion which is afforded to Member States in relation to the forms and methods of their implementation.

The objective of this article is to give an account of the production of cacao in the Girón governorate and its circulation in the internal market of New Granada, in the late 18th and early 19th centuries. The aim is to reconstruct the commodity chain of cacao, with the different necessary links for the creation of this commodity. The different phases necessary for the cultivation and preparation of cacao are described, as well as the necessary social and commercial relationships between merchants and farmers that allowed for both the financing and circulation of the crops. For the development of this work, testaments, and debt and payment records registered in the Girón notarial archive were reviewed, as well as the alcabala record books of the city and the trade guides located in the Nation's General Archive. The comparison of notarial and fiscal sources allows for an account of the necessary relationships between local merchants and farmers, the magnitude of the cacao trade, and its importance within the local economy at the end of the colonial period. [ABSTRACT FROM AUTHOR]

Copyright of Yearbook of Antitrust & Regulatory Studies is the property of University of Warsaw and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Granting state aid to market players while ensuring compliance with the internal market requirements, as derived from the European Union (EU) acquis, seems to be a challenging exercise for the Western Balkans. As an integral part of the competition rules (Cseres & Reyna, 2021) state aid requirements proved to be a challenge, especially at the outbreak of the COVID-19 pandemic, as part of the state efforts to keep alive certain key sectors of the economy (Bouchagiar, 2021). As an EU requirement and Stabilisation and Association Agreement (SAA) legal obligation became even more important. Struggling between the need to save the market while respecting the state aid rules, Western Balkans seem to have to pay more and closer attention to this field. This is why this paper, through an analytical and descriptive approach, intends to address such shortcomings and challenges in light of the efforts to enhance the harmonization of the legislation while ensuring its due application. Enforcing state aid rules requires professional and independent capacities within the relevant state aid authorities an objective remaining far from reach in the Western Balkans. The paper provokes further debates and analysis in the scholarly efforts to shed light on this sector. [ABSTRACT FROM AUTHOR]

After the limbo caused by the COVID-19 pandemic, Chinese investments have picked up in the first quarter of 2023. Investments through China's Belt and Road Initiative are carried out by approaching potential participants individually, or via dedicated platforms outside the EU's legal and institutional framework. Thus, the EU Framework for the Screening of Foreign Direct Investment - which is likely to get its so-called "baptism of fire" after its COVID-induced hibernation - can be seen as an implicit response to said Chinese initiative. This framework should be considered a message directed simultaneously towards foreign actors, discouraging them from attempting to carry out investments in the EU with the intention of bypassing the relevant European rules, and also towards Member States, cautioning them against facilitating such operations. The author will argue that the regulatory model has too many in-built unknowns that could prevent the framework from achieving its objectives. [ABSTRACT FROM AUTHOR]

Treaty law imposes several limitations on the use of the European Union's (EU's) powers in the energy sector. While many of these energy-specific competence restrictions have been analysed in EU legal scholarship, the scope and interpretation of EU competences in the area of trans-European energy infrastructures have remained unexplored. Addressing this gap in the literature, the article examines the division of powers in the EU energy sector in the light of the recent Aquind ruling. The analysis demonstrates that the Aquind case not only clarifies the division of powers with regard to EU energy law and the development of trans-European energy infrastructures but also highlights how Member States' territorial sovereignty interacts with the development of those infrastructures and thus impacts the development of the internal energy market. [ABSTRACT FROM AUTHOR]

'Restrictions "By Object" After Generics, Lundbeck , and Budapest Bank: Are We Any Wiser Now?' summarizes the CJEU's jurisprudence on the question when an agreement or a concerted practice between undertakings restricts competition 'by object' and when 'by effect', Article 101(1) TFEU. It turns out that there are few certainties in this area. Instead, there is a bewildering array of standards for assessing the consequences of agreements on the relevant market. Time and again, it is unclear how 'abstract' or 'concrete' the assessment has to be. Not much more clarity comes from the recent judgments in Generics, Lundbeck , and Budapest Bank on patent settlement agreements and price fixing, respectively. Nevertheless, they contain the elements of a simple and comprehensive test that dispenses with the complications that have built up in the case law. [ABSTRACT FROM AUTHOR]

This article focuses on the interactions between the Digital Markets Act (DMA) and the laws and competition frameworks of Member States. Specifically, the article sets out three different interpretations on the text of articles 1 (5) and (6) of the DMA, which govern interactions between the DMA and national law and competition policy. The article identifies a narrow, broader, and broadest interpretation of the legal interests protected under the DMA. Each interpretation creates different harmonization effects. The article argues that the narrow and broader interpretations allow for significant divergence between national rules, creating the risk of regulatory fragmentation. The broadest interpretation would allow competition authorities and courts to weigh the interests protected in the DMA against national interests and create greater convergence of laws and competition policy in the Digital Single Market. The article also proposes ways forward for the implementation and enforcement of the DMA and national competition laws. [ABSTRACT FROM AUTHOR]

The EU's integration history is closely linked to economic challenges, particularly hardship. Over the course of more than 70 years, the economy has played a central role in both the narratives of the integration project (as a source of legitimisation) and its various episodes, from the Schuman Declaration to the Green Deal Industrial Plan. This article evaluates the importance of the internal market's promise of 'prosperity' and describes some of the main responses to economic hardship, both failures and successes. Based on these, it concludes with a list of internal and external factors that always seem to be part of the way that further European integration offers answers in times of economic hardship. Given the crucial need to protect the internal market, the role of the EU is to look for (and beyond) what is necessary to supplement and to empower (but not to replace) the role of the member states. If opposing views are channelled towards a synthesis that strengthens the common good and integrates the interests of all stakeholders, economic hardship could ultimately strengthen the EU. [ABSTRACT FROM AUTHOR]

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The European Union places great emphasis on removing obstacles within its internal market, which is considered a fundamental pillar of European economic integration. By way of legal acts, the conditions for the functioning freedoms of the internal market are harmonized in all EU Member States. In our study, we focus on freedom to provide services, in order to clarify the system and conditions for providing cross-border services and to identify concrete entities providing this kind of services in Slovakia. The subject of the study is the provision of services by foreign entities in the territory of the Slovak Republic, who have already obtained authorization to perform the services on the territory of their Member State of establishment in accordance with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27 December 2006, pp. 36–68). At the same time, the study also focuses on the system of taxation of cross-border services. Based on facts and data obtained from the Register of Cross-border Services, we have identified areas of providing cross-border services in Slovakia. In our study, we have applied the methods of comparative analysis, legal research, the study of literature, and the decisions of the EU Court of Justice. The study also includes clarification of the concept of cross-border provision of services. [ABSTRACT FROM AUTHOR]

Despite being one of the pivotal principles of European Union law, there still is no consensus on the rationale for the supremacy of the law of the European Union over the law of the Member States. There is also not much discussion on the repeated claims in case law that Union law must have uniform application in the Member States. This paper suggests that both supremacy and uniformity can be understood as preventing the discrimination of indi-viduals that would be caused by the divergent application of Union law in the Member States. In this respect, Member state-centred non-discrimination, now provided in Article 4(2) TEU on the equality of Member States, (merely) complements individual-centred non-discrimina-tion, anchored in Article 18 TFEU and Article 21 CFR. Moreover, this paper discusses how these two standards relate to what is referred to as the unity of the internal market.

In the recent Sped-Pro judgment, the General Court ruled that in order to guarantee effective judicial protection of the complainant, the Commission is obliged to examine the given national competition authority’s independence, and overall rule of law concerns, when it rejects complaints regarding Article 102 TFEU and concludes that such an authority is ‘best placed’ to hear the case. This contribution aims to discuss whether such obligation applies to case referrals from the Commission to Member States with respect of concentrations. On one hand, these are the same national competition authorities and the same standards should apply. On the other – the case referral system differs from the characteristics of the Articles 101–102 TFEU framework. Thus, this paper contains a discussion on the General Court’s judgment in Sped-Pro, the legal framework and practice regarding merger referrals, and, finally, the consequences of the judgment for the future approach of the Commission in the discussed matter.