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Author: Publisher: ISBN: 9789282339435 Category : Languages : en Pages : 5
Book Description
This note seeks to provide an initial appraisal of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its proposal for a Council Decision on the association of the Overseas Countries and Territories (OCTs) with the European Union. The objective of the European Commission's proposal is to renew and revise the association of the OCTs with the EU. The 21 OCTs, comprising islands having special relations with Denmark (Greenland), France, the Netherlands and the United Kingdom are associated with the EU under Part Four of the Treaty on the Functioning of the European Union (TFEU). Since 1958, the detailed rules and the procedures for this association have been laid down by the Council of the EU through successive Overseas Association Decisions (OADs), most recently in 2001. On a proposal from the Commission and after consulting the European Parliament, the Council adopts an OAD by unanimity. The present OAD will expire on 31 December 2013.
Author: Publisher: ISBN: 9789282339435 Category : Languages : en Pages : 5
Book Description
This note seeks to provide an initial appraisal of the strengths and weaknesses of the European Commission's Impact Assessment accompanying its proposal for a Council Decision on the association of the Overseas Countries and Territories (OCTs) with the European Union. The objective of the European Commission's proposal is to renew and revise the association of the OCTs with the EU. The 21 OCTs, comprising islands having special relations with Denmark (Greenland), France, the Netherlands and the United Kingdom are associated with the EU under Part Four of the Treaty on the Functioning of the European Union (TFEU). Since 1958, the detailed rules and the procedures for this association have been laid down by the Council of the EU through successive Overseas Association Decisions (OADs), most recently in 2001. On a proposal from the Commission and after consulting the European Parliament, the Council adopts an OAD by unanimity. The present OAD will expire on 31 December 2013.
Author: Spiro Paco Publisher: Independently Published ISBN: 9781095767641 Category : Languages : en Pages : 46
Book Description
The twenty one overseas countries and Territories depend constitutionally on four of the European Union Member States: Denmark, France, the Netherlands, and the United Kingdom. This OCT nationals are European citizens and for this reason enjoy all EU rights but the OCT are not automatically EU territory and EU law application is not 100% obligatory. However, these countries do not form part of EU territory. Accordingly, they are not directly subject to EU law, but they benefit from associate status conferred on them by the Treaty of Lisbon. The aim of this association is principally to contribute to their economic and social development. They profit from any advantage an EU territory have like grants and economic aid.
Author: Commission of the European Communities Publisher: ISBN: Category : Economic development Languages : en Pages : 4
Book Description
The Rome Treaty, under Part IV, provides for the association of overseas countries and territories which, historically, have special relations with Community members. The original list of dependencies has been reduced as some overseas countries have become independent, but a small number of territories, mainly French and British, remain dependent on their mother countries. Spain and Portugal, when they join the Community on 1 January 1986, will include possessions under the Treaty's Part IV. Relations with the Community vary according to what has been agreed between the Community member and the dependent territories. The Treaty association, however, serves primarily 'to further the interests and prosperity of the inhabitants and territories in order to lead them to the economic, social and cultural development to which they aspire'. Normally regarded as 'foreign countries' these territories are not necessarily included in the EC Common Customs Union. Independent countries, such as Andorra and San Marino, have a special relationship with the Community.
Author: Isaac Freeman Publisher: Independently Published ISBN: 9781792821752 Category : Languages : en Pages : 102
Book Description
The research presented in this book focuses on the attempt of the European Union (EU) to create a Common Foreign and Security Policy (CFSP), which will strengthen the integration and cohesion of its member states. For more than two decades this attempt was unsuccessful. By studying the context of the Outermost Regions (OMRs) and the Overseas Countries and Territories (OCTs) of the union, both the problems and the solutions to this deficiency could be exposed. Conflicts of national and EU level interest are intensified when foreign policy and especially security policy is in question. The case of the ultraperipheral regions and territories of the EU can reveal who are the main actors in this arena, what are their political objectives and how cooperation could benefit all parties involved.
Author: Fiona Murray Publisher: Springer Science & Business Media ISBN: 9067048259 Category : Law Languages : en Pages : 281
Book Description
The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law.
Author: Dimitry Kochenov Publisher: Kluwer Law International B.V. ISBN: 904113445X Category : Law Languages : en Pages : 538
Book Description
Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the 'EU law of the Overseas'. Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
Author: Dimitry Kochenov Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Aiming at outlining the essential framework of EU citizenship's specificity in the context of the Overseas Countries and Territories associated with the Union (OCTs), this paper approaches the development of the legal status of EU citizenship as a process of the redefinition of the territorial nature of EU law and analyzes the essential specific features of the functioning of EU citizenship enjoyed by those Member States' nationals who reside outside the territorial scope of EU law. Member States' nationals residing in the OCTs are fully fledged EU citizens. The legal specificity of the OCTs framed by the Treaties follows territorial logic, which means that Part II TFEU on EU citizenship fully applies in the OCTs via ratione personae of EU law, empowering all their inhabitants to benefit from applicable rights and freedoms granted to them by the Union which are not in conflict with Part IV TFEU and the logic of association described therein.
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Author: O. Donald Hoerr
Author: Council of the European Communities
Author: Spiro Paco
Author: Commission of the European Communities
Author: Isaac Freeman
Author: Fiona Murray
Author: Dimitry Kochenov
Author: Commission of the European Communities
Author: Dimitry Kochenov