Looking for New Paths in Comparative and International Law
Looking for New Paths in Comparative and International Law
Contributions to the Conference on Comparative and International Law, June 25, 2021, Bucharest - International Conference
Contributor(s): Dalvinder Singh (Editor), Cristina Elena Popa Tache (Editor), Catalin-Silviu Sararu (Editor)
Subject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: comparative law; international law; European Union law; public law; private law;
Summary/Abstract: This volume contains the scientific papers presented at the Conference on Comparative and International Law that was held on 25 June 2021 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawconference.eu . The scientific studies included in this volume are grouped into two chapters: Inspirational analyzes in comparative law, Seeking the brilliance of international law. This volume is aimed at practitioners, researchers, students and PhD. candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law.
- E-ISBN-13: 978-606-95351-0-3
- Page Count: 240
- Publication Year: 2021
- Language: English
The four main constitutional gaps regarding the presidential veto in North Macedonia and their filling in the light of comparative constitutional law
The four main constitutional gaps regarding the presidential veto in North Macedonia and their filling in the light of comparative constitutional law
(The four main constitutional gaps regarding the presidential veto in North Macedonia and their filling in the light of comparative constitutional law)
- Author(s):Jeton Shasivari
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Comparative Law
- Page Range:12-28
- No. of Pages:18
- Keywords:presidential veto; presidential activism; legislative procedure; promulgation of laws; publication of laws; constitutional gaps;
- Summary/Abstract:The President of North Macedonia has at his disposal a constitutional legal instrument which influences the legislative activity of the Parliament. It is about the right of veto over the laws approved by the Parliament, which temporarily suspends the adoption of laws which, according to the President of North Macedonia, are not in the interest of the state or the citizens. The Constitution of North Macedonia regulates this constitutional legal instrument within the part that refers to the Parliament, and not to the President of North Macedonia, which means that the right of veto first of all has a legislative function because it is one of the stages of the legislative procedure. It is interesting that, within the constitutional system of North Macedonia since its first President from 1991 onwards after independence from the former Yugoslav Federation, there is an unwritten rule according to which if the President of North Macedonia is close to the ruling parliamentary majority or acts as a duo with this majority, in the vast majority of cases, it does not use or very rarely uses the right of veto, and on the other hand, after the ruling parliamentary majority is changed, the duel between the new ruling parliamentary majority and the President also begins, therefore, presidential activism in the use of veto increases. This issue is very important because in the constitutional law and practice of relations between the Parliament and the President of North Macedonia there are four main constitutional gaps regarding the presidential veto, which promoted the views that without the signature of the president there are no laws otherwise such views in fact turn the weak presidential veto into a absolute veto or legislative sanction against the Parliament which is unacceptable in contemporary constitutional law. Therefore, the main purpose of this paper is through the teleological method of interpretation of constitutional norms as a whole and in close correlation with the guarantees of fundamental freedoms and rights and rule of law principle as well as through regional comparative constitutional analysis to reach an adequate and effective constitutional solution to such constitutional gaps and cases.
Legislative election during pandemics. Challenges to democracies
Legislative election during pandemics. Challenges to democracies
(Legislative election during pandemics. Challenges to democracies)
- Author(s):Claudia Gilia
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Sociology, Electoral systems, Health and medicine and law, Comparative Law
- Page Range:29-46
- No. of Pages:18
- Keywords:general election; democracy; legitimacy; rule of law; voting systems;
- Summary/Abstract:The Covid-19 pandemic has challenged the democracies. A representative democracy is the favourite instrument in terms of expressing a people’s sovereign will. Any democratic system is based on free, periodical elections. The election procedure is the natural way in which peoples participate indirectly in political decision-making. The conduct of the election under special conditions, like the conditions the heath crisis imposed, had consequences, particularly in terms of legitimacy. The pandemic-affected countries have taken a number of measures to ensure safe voting to electors, though a number of shortcomings marked the organization and carrying on of the election processes, such as lack of funding, technical errors, quarantined people’s inability to vote, low attendance, and legitimacy issues. In our study, we are analyzing the legislative elections that took place in Romania, Slovakia, Croatia, and Lithuania. After the electoral processes, which took place under these special conditions, it is a must to rethink the electoral processes in order to allow all voters to participate in the election of political decision makers.
Constitution and the institutions, the benign nexus is on fall: a comparative study of India, Nepal and Myanmar
Constitution and the institutions, the benign nexus is on fall: a comparative study of India, Nepal and Myanmar
(Constitution and the institutions, the benign nexus is on fall: a comparative study of India, Nepal and Myanmar)
- Author(s):Subhankar Khan, Swargodeep Sarkar
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Comparative Law
- Page Range:47-57
- No. of Pages:11
- Keywords:veneration; Constitution; social solidarity; interdependency;
- Summary/Abstract:A society constitutionally manifested, where institutions for it stands inevitably the major organs, voice of the people resting through it usher to be the ethos of democracy at large. Leon Duguit in his saying of “social solidarity” asked for the interdependency, and to it anything stand against shall be the reason of rejection for the initiatives. India, Nepal and Myanmar, are of the fact witnessing bitter for the said principle, not satisfying the institutions in work of their absolute veneration, rather from their imbedded values they are in strips. The paper in its endeavour would in roll to assess different of the institutions in work for the countries named, where for the world at large a significant social solidarity is in need to hammer the knock on power, to which challenges and imperils for the citizenry rest at large. The methodology for the paper is doctrinal, which the author in assessing the institutional works of the countries will employ, where crisis of the present times, constitutional provisions in strip and jurisprudential approach for the democracy, would be the part of analogy.
Winner prescription as a way of gaining the right of real servitude according to the legislation in Kosovo with a comparative view with some European countries
Winner prescription as a way of gaining the right of real servitude according to the legislation in Kosovo with a comparative view with some European countries
(Winner prescription as a way of gaining the right of real servitude according to the legislation in Kosovo with a comparative view with some European countries)
- Author(s):Kastriote Vlahna, Hajredin Kuci
- Language:English
- Subject(s):Civil Law, Comparative Law
- Page Range:58-72
- No. of Pages:15
- Keywords:winning prescription; real servitude; creation; profit; European legislation;
- Summary/Abstract:The winning prescription, both in the right of ownership and in the right of servitude has a special importance, because it is a legal title which is created by the possession of the thing in an uninterrupted manner, for a long time and without hindered by anyone. This means that the property right, respectively the right of ownership or even the right of servitude can be created if the conditions provided for the winning prescription are met. We know that all property rights must be registered in case we want to become the holder of any property right. As in this case, the right of servitude in case it is thought to be acquired even with a winning prescription it must be registered in the real estate books. For this reason, we can say that the winning prescription has a great importance in both the acquisition of the right of ownership and the right of real servitude, because a large number of subjects of law have only the de facto power over the thing yes. Thus, he possesses this right in good faith. It happens to him that people possess someone else's thing thinking that he only had a right over that thing but the truth is that he had no legal right, so he did not have it registered in the public books to use it right. According to the legislation in Kosovo, the right of real servitude is not foreseen whether it can be acquired by winning prescription, but based on the legislations of other countries, whether regional or beyond, it is said that the right of real servitude can be created and through the winning prescription. Particularly based on some legislations of European countries, the right of servitude can be acquired through winning prescription, if the conditions of winning prescription are met. The purpose of this paper is to compare the legislation of European countries and as a conclusion to conclude that in the legislation of Kosovo should be determined that the right of real servitude is acquired by winning prescription.
Settlement of disputes in HoReCa (food and hospitality field)
Settlement of disputes in HoReCa (food and hospitality field)
(Settlement of disputes in HoReCa (food and hospitality field))
- Author(s):Laura Ramona Nae
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Court case, Comparative Law
- Page Range:73-84
- No. of Pages:12
- Keywords:HoReCa; mediation; conciliation; amicable settlement; preliminary settlement; disputes; briefing; procedural documents;
- Summary/Abstract:As the HoReCa industry has been developed, by improving the quality of products and services offered, the number of customers and beneficiaries in bad faith - bad payers - has also increased. The present paper, as it is entitled, presents the most common aspects in practice, which the field of HoReCa faces, in case of non-compliance with the contractual obligations of customers/beneficiaries. In this sense, we highlight the possibility of resolving disputes in the mentioned field, by amicably settlement, in order to avoid as much as possible, the legal action in the court. From this perspective, the advantages and disadvantages of using this procedure are summarized.
The inapplicability of personal exceptions between joint debtors and creditors, under Romanian and French private law
The inapplicability of personal exceptions between joint debtors and creditors, under Romanian and French private law
(The inapplicability of personal exceptions between joint debtors and creditors, under Romanian and French private law)
- Author(s):Juanita Goicovici
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law, Comparative Law
- Page Range:85-98
- No. of Pages:14
- Keywords:passive solidarity; joint debtors; personal defences; plural obligations; contractual liability; partial performance;
- Summary/Abstract:The paper examines the problematics of invoking personal exceptions between joint co-debtors and the creditors, while proposing a comparative approach to the incidental legal provisions and jurisprudential guidelines under Romanian and French pri- vate law. As stated in a recent decision of the French Court of Cassation (Fr. Cass., 2nd Civ., dec. of 20th May 2021), the guaranteed exception based on the existence of an insurance contract against the risks related to death, concluded by a co-debtor constitutes a purely personal exception to the latter, which cannot be invoked against the debtor by the coobligor jointly liable for the payment of the debt. On the other versant, the provisions of art. 1448 of the Romanian Civil Code omit to make express references regarding the inapplicability of personal exceptions between the joint co-debtors, postulating, in- stead, in the second thesis of art. 1448, para. (1) of the Romanian Civil Code that, against the common creditor, the joint co-debtor cannot use the means of defence that are purely personal to another co-debtor. Viewed in „parallel mirrors”, the provisions of art. 1313 of the French Civil Code capture the attention of the analyst by retaining that “Solidarity between debtors obliges each of those to pay the full amount of the debt. The payment made by one of the co-debtors is releasing the other co-debtors towards the common creditor for the paying of the debt”; following the desideratum to avoid bearing the risk of insolvency of other co-debtors by the debtor who made the payment, the French legislator provided, in the text of art. 1310 of the Civil Code, that such solidarity „cannot be presumed”, except for commercial relations.
The efficiency of the legal framework in fighting domestic abuse. Comparative study Romania - UK
The efficiency of the legal framework in fighting domestic abuse. Comparative study Romania - UK
(The efficiency of the legal framework in fighting domestic abuse. Comparative study Romania - UK)
- Author(s):Mihaela Sava
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Studies in violence and power, Comparative Law
- Page Range:99-113
- No. of Pages:15
- Keywords:legislation on domestic violence; Romania; UK;
- Summary/Abstract:The present paper aims to identify, with the instruments of comparative law, similar provisions, namely differences that can be adopted in national law, by reporting Romanian legislation on combating domestic violence to the legal provisions in the UK. As a novelty, I have included a survey conducted on an accessibility sample of 50 lawyers from the Bucharest Bar, with experience in domestic violence, respectively 50 employees of barristers firms in the UK, to evaluate, comparatively, how they relate to the quality and efficiency of the legislative framework, respectively to the changes that have been brought to it or are still to be brought. The conclusions of this paper derive both from the comparative analysis of the legal norms applicable to domestic violence, in the two legislative systems, and from the analysis of the answers obtained to the questionnaire that include in the Annex.
Aspects of comparative law regarding the regulation of civil procedural capacity in Romanian and Spanish law
Aspects of comparative law regarding the regulation of civil procedural capacity in Romanian and Spanish law
(Aspects of comparative law regarding the regulation of civil procedural capacity in Romanian and Spanish law)
- Author(s):George-Bogdan Ionita
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case, Comparative Law
- Page Range:114-121
- No. of Pages:8
- Keywords:procedural capacity; Code of Civil Procedure; legal system; regulation; Spanish law;
- Summary/Abstract:This study aims to address an important topic of great interest, both from a practical point of view and from a theoretical point of view. The main objective of the research will materialize especially on the analysis of the current regulation of Romanian law (current Code of Civil Procedure) of procedural capacity, as an essential condition for exercising a civil action in court. Similarly, the research will seek to identify and analyze the provisions of Law no. 1/2000 on procedural capacity in current Spanish law. The study will also focus on identifying possible similarities and differences between the two regulations of procedural capacity, in order to provide a more realistic picture between the legislative approach of the institution in the two legal systems under study. In carrying out this research, mainly specialized works will be used, but especially the legislation in force regarding the procedural capacity, both in Romania and in Spain.
The common Franco-German matrimonial property regime of the community of surplus
The common Franco-German matrimonial property regime of the community of surplus
(The common Franco-German matrimonial property regime of the community of surplus)
- Author(s):Konstantin Keller
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law
- Page Range:122-134
- No. of Pages:13
- Keywords:agreement; France; Germany; elective matrimonial property regime; surplus; marriage;
- Summary/Abstract:On February 4, 2010, Germany and France signed an international treaty that broke new legal ground. The intention of both states was to introduce a new, common elective matrimonial property regime that would apply equally in both countries. This was implemented on 01.05.2013. The provisions of this elective matrimonial property regime are based primarily on the provisions of the statutory German matrimonial property regime, the “statutory matrimonial property regime of the community of surplus”, but also incorporate important elements of French matrimonial property law. Other EU member states can accede to the agreement as well. As a result of this matrimonial property regime, a common substantive law has been created in the contracting states, which has not yet existed in this form in the EU. The intention is to standardize the matrimonial property regimes within Europe.
Legal regime of competition in Canada
Legal regime of competition in Canada
(Legal regime of competition in Canada)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law, Comparative Law
- Page Range:135-143
- No. of Pages:9
- Keywords:Canada; competition; antitrust; business law;
- Summary/Abstract:Canada’s Competition Act is the federal law governing most business conduct in Canada. It contains both criminal and civil provisions aimed at preventing anti- competitive practices in the marketplace. While the Canadian law is similar in many aspects with the law of the United States (the Sherman Antitrust Act) it is different in a number of important ways. One aspect is that Canadians use the term competition law rather than antitrust law, which is more common in the U.S.
Preventive action on pollution of watercourses with waste – a comparative perspective of the main international, European and national regulations
Preventive action on pollution of watercourses with waste – a comparative perspective of the main international, European and national regulations
(Preventive action on pollution of watercourses with waste – a comparative perspective of the main international, European and national regulations)
- Author(s):Cristiana Mic-Soare, Stelian-Mihai Mic
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation, Comparative Law
- Page Range:144-159
- No. of Pages:16
- Keywords:preventive action principle; watercourses pollution; waste; international regulations; European regulations; Romanian national regulations;
- Summary/Abstract:The impact of pollution of watercourses with various types of waste – such as municipal, industrial or construction waste is often irreversible, the full restauration to the initial state of affected watercourses not being always possible. Thus, prevention manifested in relation to the pollution of watercourses with waste becomes essential, being fundamental for ensuring the protection of this natural resource. In this context, this study undertakes to identify the most relevant international, European and national regulations applicable to watercourses located on the Romanian territory, the purpose of which is to prevent pollution of watercourses with waste. The main conclusions reached by the authors are in the sense that, while the international regulations offer a framework in which general obligations for states materialising the prevention principle are affirmed, the European regulations set specific directions within this framework. Further, the Romanian national legislation includes numerous obligations that can be considered as representing components of the prevention principle; however, in the authors’ view, due to their fragmented character and lack of unity, they are not designed to offer a real protection against pollution of watercourses with waste.
Compliance with the legal treatment standards of international investments during the global economic crises. Between yes and no
Compliance with the legal treatment standards of international investments during the global economic crises. Between yes and no
(Compliance with the legal treatment standards of international investments during the global economic crises. Between yes and no)
- Author(s):Cristina Elena Popa Tache
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, Law on Economics, EU-Legislation
- Page Range:160-171
- No. of Pages:12
- Keywords:crises; European Union; foreign investment; protection standards;
- Summary/Abstract:International investment are under the protection of international law by setting standards of legal treatment which the governments of the host states have undertaken to comply with in their investment treaties. Therefore, these standards of protection must be respected even in times of crisis, regardless of the reason that generated it, the policy of attracting and maintaining an investment climate favorable to international investment being an attribute of each state. Nothing can stop an investor from changing the geography of his business, in order to protect the investment made. The issue of violation of one or more standards by states is one of the most debated at the moment, because the international arbitration practice has decisions to oblige states to significant compensation. In my study I used as a research method interdependent analysis and synthesis through analogies developed in a comparative method. At EU2 level, following the entry into force of the Treaty of Lisbon, FDI3 is now within the exclusive competence of the EU, which continues to fight to define a European investment policy that meets the expectations of investors and beneficiary states, as well as the objectives foreign policy and the EU's broader economic interests.
Space forces and the purpose of excuse for the militarization of outer space: an international crime against peace
Space forces and the purpose of excuse for the militarization of outer space: an international crime against peace
(Space forces and the purpose of excuse for the militarization of outer space: an international crime against peace)
- Author(s):Adnan Jashari, Stefani Stojchevska, Vedije Ratkoceri
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, International Law, Security and defense, Military policy
- Page Range:172-188
- No. of Pages:17
- Keywords:space force; militarization; Outer Space Treaty; national security; aggression; international crime;
- Summary/Abstract:Triggered by the recent establishment of the U.S. Space Force, the concept of developing national space forces raises many questions concerning peace and humanity, which simultaneously contradict the guarantee of peace and safety. It is generally assumed that the militarization of outer space manifested by space forces would represent a symbol of the threatening power and dominance of space-faring nations. Considering outer space as a contemporary war zone, however, would legally represent a violation of the Outer Space Treaty, even though the treaty itself contains major loopholes legally allowing hostile extraterrestrial activities. The main purpose of this paper is to legally analyze the militarization of outer space from two contrasting perspectives: national security versus international crime against peace, where national predispositions that lead to the initiation of extraterrestrial wars of aggression are recognized as international crimes against peace, meaning that space forces would likely run afoul of international space law.
General issues regarding the risk of water pollution
General issues regarding the risk of water pollution
(General issues regarding the risk of water pollution)
- Author(s):Lidia-Lenuța Bălan
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, International Law, Environmental and Energy policy, Comparative Law
- Page Range:189-195
- No. of Pages:7
- Keywords:water resources; pollution; degradation; environment; scientific progress;
- Summary/Abstract:Global water resource protection policy has, over time, undergone a constant process of transformation and adaptation, in the sense that it has faced a number of challenges and uncertainties dominated by economic, political, cultural, climatic and to solve the problems generated by humanity through the actions taken for its survival and wellbeing on earth. For its welfare there has been a substantial increase in civilization, for some states, and an accepted technological and scientific progress, but which over time have unbalanced and degraded the environment and especially there have been massive pollution of water resources. This material discusses general elements on the risks of water pollution with a summary classification of forms of pollution and a summary of the legal instruments governing the area in question, with a presentation of the risks to humanity and the environment in general. The protection against any forms of degradation and pollution of water resources is done by sustaining and streamlining the field with the involvement of all actors in the world, from the public to the private sector.
International Criminal Court, restorative or retributive justice?
International Criminal Court, restorative or retributive justice?
(International Criminal Court, restorative or retributive justice?)
- Author(s):Ioana Celina Pasca
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law
- Page Range:196-205
- No. of Pages:10
- Keywords:International Criminal Court; retributive justice; restorative justice; customary practice of justice; alternative punishments;
- Summary/Abstract:This study examines the impact of the rigors of international justice on a community accustomed with informal, “authentic” means of resolving conflicts. The elements of this impact are assessed in relation to the interaction between the traditional restorative justice and the retributive justice specific to the International Criminal Court, especially with regard to the conflict in northern Uganda, which is the object of a lawsuit pending before this court. National jurisdictions and the International Criminal Court cannot be analyzed as opposing, alternative institutions, but only as complementary institutions, acting to restore peace and maintain security. Justice and peace are common goals of both jurisdictions. Peace can only be restored through justice, be it national or international. By analyzing the principle of complementarity, and the role of national restorative measures, we conclude that their interference in the proceedings of the International Criminal Court is impossible, both in relation to the provisions of the Statute and to their nature, their character being eminently ethnic, tribal.
The impact of the recognition and enforcement of the European confiscation order on the third parties of good faith
The impact of the recognition and enforcement of the European confiscation order on the third parties of good faith
(The impact of the recognition and enforcement of the European confiscation order on the third parties of good faith)
- Author(s):Elise Nicoleta Valcu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:206-218
- No. of Pages:13
- Keywords:confiscation order; good faith third party; non-recognition; state of execution; fundamental rights; procedural guarantees;
- Summary/Abstract:This study aims to bring to the attention of specialists the laudable approach of the Union co-legislator on the adoption of Regulation (EU) 2018/1805 on orders of unavailability and confiscation, a legal step taken to harmonize the legislation on the subject of analysis. The research methods used in our study are: a) the logical-concretized method by using the union and national framework norms in the matter of confiscation; b) the comparative method - in order to perform a comparative analysis of the main institutions of material and procedural law. We note, however, that the provisions of this Regulation are in accordance with the obligation to respect fundamental rights and legal principles enshrined in Article 6 of the Treaty on European Union (TEU2 in the sense that fundamental rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms constitute general rules of Union law. The Union norm that represents the theme of this study aims at ensuring the effectiveness of the recovery process of the assets derived from the commission of crimes, respecting the fundamental rights, especially of the third parties in good faith. Specifically, we refer to those exceptional situations, when there are good reasons to believe that, based on specific and objective evidence, the recognition and enforcement of a confiscation order would lead to a manifest violation of a relevant fundamental right of a third party of good faith. For such a situation, the judicial authority of the executing State must reconsider the automatic recognition of the confiscation order, relevant being the fundamental rights, in particular, the right to an effective remedy, the right to a fair trial and the right to defence and not least the right to the guarantee of private property.
Tourism in the European Union in the context of the Covid-19 Pandemic crisis
Tourism in the European Union in the context of the Covid-19 Pandemic crisis
(Tourism in the European Union in the context of the Covid-19 Pandemic crisis)
- Author(s):Ioana Nely Militaru
- Language:English
- Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, Law on Economics, Tourism, EU-Legislation
- Page Range:219-224
- No. of Pages:6
- Keywords:tourism; budget; jobs; multiannual financial framework; travelers; tourist;
- Summary/Abstract:Tourism has as its legal basis the Treaty on the Functioning of the European Union of December 2009, a relatively recent date, given the importance of this area. Although it does not have a separate budget in the multiannual financial framework (MFF), it contributes significantly to the European Union's Gross Domestic Product and remains a good job seeker. The special measures at EU level, which have been taken in the field of tourism, concern: the interest of travelers and/or tourists, the interest of the tourism sector and regions. This area remains the most affected by the COVID Pandemic 19.
European cooperation rather than EU integration. Iceland and the European Union
European cooperation rather than EU integration. Iceland and the European Union
(European cooperation rather than EU integration. Iceland and the European Union)
- Author(s):M. Elvira Mendez-Pinedo
- Language:English
- Subject(s):Economy, Law, Constitution, Jurisprudence, International Law, EU-Legislation
- Page Range:225-240
- No. of Pages:16
- Keywords:Iceland; European Union; integration; European Economic Area; cooperation;
- Summary/Abstract:Why some European countries prefer cooperation than integration? In 2019 Iceland celebrated twenty-five years of cooperation with the European Union (EU) under the European Economic Agreement (EEA). Since 1992-1994, this country has preferred international/ regional cooperation rather than full supranational integration. This study summarizes some important dates and facts which explain some of the most important reasons why integration in the EU does not seduce Icelanders. Methodology is both descriptive (informative) and analytical (critical comment). All legal issues are approached from a wider economic, political and sociological context (law in context approach). A provisional finding is that the European legal integration project (and general pooling of sovereignty) will probably never fully convince Iceland for historic, geographic, legal, political and economic reasons. Lacking a history of nation-wars and situated geographically as the ultraperiphery of Europe, for this small nation rich in natural resources and scarce in population; supranational integration is neither a political imperative nor an economic necessity in ordinary circumstances. With the exception of the years 2009-2013, after a major financial crisis when Iceland was a candidate country to the EU....the EEA Agreement and European cooperation are preferable to full EU legal integration unless a situation of national emergency happens again....