European Union Law

Chalmers, Damian; Davies, Gareth; Monti, Giorgio

doi:10.1017/9781108654173

Cited by 29 publications

(16 citation statements)

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“…The predominance of Directives in the data is perhaps unsurprising given that Directives are the most common EU legal instrument, followed by Regulations as the data again demonstrates. 134 Directives are generalised pieces of legislation which set out policy goals to be attained by the Member States and are binding as to the result to be achieved. 135 They grant national policy-makers the freedom to select the most appropriate method of attaining these goals within the domestic system.…”

Section: Discussionmentioning

confidence: 99%

A decade of EU law in the courts of Scotland and Ireland: national legal systems compared

2021

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This paper presents the findings of a comparative statistical study examining the application and trends in the deployment and utilisation of European Union (EU) law before the Scottish and Irish courts over a 10-year period from 2009–2018. The paper poses the question, how does European integration impact on the domestic legal systems of EU Member States due to the increasing volume, and significance, of cases where EU law is raised and applied within domestic legal systems? The research presented is of particular relevance in light of Brexit. It allows prescient reflection on the significant disruption and impact the United Kingdom's exit from the EU is likely to have on areas of domestic law which are highly integrated with EU law. It highlights the potential difficulties implicit in attempting to unpick over 40 years of assimilation of EU law and principles into Scots law. These research outcomes should lead to further reflection and debate on the role of EU law and its impact on judicial decision-making in the Scottish and Irish legal systems in general.

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Section: Discussionmentioning

confidence: 99%

A decade of EU law in the courts of Scotland and Ireland: national legal systems compared

2021

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“…Here, the Court allowes competition authorities a certain margin of discretion regarding the economic method to define excessive prices, but each method has its own weaknesses.37 A-G Wahl correctly concluded that the proper approach is, where possible, to combine several methods to avoid the risk of errors.38 Still, defining the line between reasonable high and unreasonable high price remains difficult. 39 Once the excessiveness has been confirmed, it must be determined whether the price is unfair, or can be justified for objective reasons. The 'fairness test' requires an analysis of the economic reasons for its pricing policy.…”

Section: 3mentioning

confidence: 99%

Fighting Excessive Pharmaceutical Prices: Evaluating the Options

Exter

2020

Eur. J. Health Law

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New treatment options for various cancer therapies appear to be extremely expensive and prices may increase further. The affordability and availability of life-saving medicines is therefore a key issue in the national health policies of all countries. International and European law grant several price-reducing options, including compulsory licensing. Still, countries are reluctant to apply for compulsory licensing and/or other regulatory options to curtail pharmaceutical prices. Why is that? Evaluating the options will support health policy decision-making on safeguarding access to affordable innovative medicines.

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“…State behaviour varies according to the stimuli, but for the resulting legal norm to be efficient, the benefits must outweigh the costs of the contextual factors among all the possible alternatives (Hylton 2019 ; Zerbe 2019 ). In the case of energy transition regulations, even this binomial solution could be coupled with the effectiveness and magnitude of possible sanctions, discounting the possibility of detecting the national transgression of the legal regulatory framework (Chalmers et al 2019 ; Hylton 2019 ). Thus, for example, if the EU detects only one in ten national transgressions to its energy transition regulations, the real cost would be X/10 (Bullard 2018 ).…”

Section: Energy Regulation: Presentation and Economic Analysis Of Thementioning

confidence: 99%

The CEE Countries and the European Union’s Energy Transition: Economic Analysis of Law

Júnior

2020

From Economic to Energy Transition

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This research identifies the role played by both the EU’s basic energy rules (which encourage the adoption of national energy sources) and energy transition legislation (based on regulations and directives) and clarifies that the legal need to transpose directives into the internal legal system can generate delays in the adoption of political and legislative measures by CEE countries depending on the weighting of political, economic, and social stimuli and disincentives. A number of general and specific factors (energy efficiency of buildings, renewable energy, and mobility) are then analysed and a broad set of disincentives are identified. The conclusion of this chapter is that there is a strong risk that this region will be left behind (relative to Western European countries) in the energy transition process.

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European Union Law

Cited by 29 publications

References 0 publications

A decade of EU law in the courts of Scotland and Ireland: national legal systems compared

A decade of EU law in the courts of Scotland and Ireland: national legal systems compared

Fighting Excessive Pharmaceutical Prices: Evaluating the Options

The CEE Countries and the European Union’s Energy Transition: Economic Analysis of Law

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