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EU competition law applies to conduct by undertakings which affects trade between Member States. There are very few undertakings to which antitrust law does not apply. The Court of Justice has found that collective bargaining agreements between employees and employers are excluded as well as some forms of industry self-regulation when these rules promote a public interest. Article 101 of the Treaty on the Functioning of the European Union (TFEU) applies to catch cartels although it is not clear if all forms of algorithmic collusion can be punished. Cartels restrict competition by object, but many other agreements may enhance economic welfare and may only be punished if anti-competitive effects are shown. This requires an economic analysis of the impact of the agreement, having regard to legal and economic factors. Some restrictive agreements may be exempted when the anti-competitive effects are compensated by other economic benefits. Article 102 TFEU prohibits the abuse of a dominant position. Over the past fifteen years the Commission and the Court of Justice have shifted the interpretation of this prohibition to focus on conduct whose effects are likely to exclude efficient rivals, reflecting the more economic approach to antitrust.
The Eulerian representation of the continuous phase is natural, where quantities such as fluid velocity u(x,t) represent the average velocity of all the fluid molecules within a suitably chosen volume for continuum description. In the previous section, we considered filtering of these flow quantities over a suitably chosen length scale that is much larger than the size of the individual particles.
This chapter first considers the central types of binding law: Regulations, Directives, decisions and international agreements. Different procedures govern the adoption of these laws, with the legislative procedure determined by the aim and content of law being adopted. There are three central legislative procedures. The ordinary legislative procedure grants the Parliament the power of veto, and the Council the power of assent over any Commission proposal. In the consultation procedure, Parliament is merely consulted on a Commission proposal with the Council having the final decision. The consent procedure requires the Parliament to actively approve a proposal. National parliaments are consulted on legislative proposals and can indicate that a measure violates the subsidiarity principle. Many EU laws provide for further implementation by Commission measures. These are adopted under procedures known as comitology, where representatives of national governments are either consulted or can veto the proposed measure. The chapter concludes by considering the democratic qualities of EU lawmaking, noting that conclusions depend very heavily on the prism through which these are analysed.
In Chapter 3, we open with a conventional description of demand, supply, equilibrium, and disequilibrium – with an added focus on “market processes,” nonprice competition, and a variety of real-world “equilibria” that still result in persistent shortages/surpluses (e.g., queues in stores). We also discuss Henry Ford’s use of “efficiency wages” to (efficiently) “overpay” workers, and the pros and cons of mandatory retirement for workers and firms.
This chapter considers the circumstances when EU law provisions can be invoked in national courts. The doctrine of direct effect enables an EU law provision to be invoked in a national court when it grants entitlements to individual parties in a sufficiently precise way. Directly effective provisions of the EU Treaties and Regulations can be invoked against both the State and private actors. By contrast, directly effective provisions of Directives can only be invoked against the State. The doctrine of indirect effects requires any national law or procedure to be interpreted so far as possible to comply with all EU law. However, this cannot be done if the interpretation would contradict the wording of the national law or aggravate criminal liability. The doctrine of State liability allows individuals to sue the State for damages for breach of an EU law which grants them individual rights in a number of circumstances: if the State has failed to transpose a Directive, it has not complied with an order of the Court of Justice, it has failed to follow settled case law of that court or it breaches a clear provision of EU law.
The first time I remember being aware of diplomats was a television news report I saw at age 10 in 1984, about a meeting between U.S. Secretary of State George Shultz and Soviet Foreign Minister Andrei Gromyko. In the next five years, as I watched more television footage of Shultz and his successor, James Baker, coming down the stairs of a white-and-blue plane with “United States of America” emblazoned on it, I wondered why these men’s frequent travels commanded seemingly endless media attention.
Tidal range generation, tidal stream generation and wave power are discussed. The tidal energy resource is described, together with the use of harmonic constituents to predict the height of the tide and velocity of the tidal flow at a location. The principles of tidal range generation are discussed and ebb generation is illustrated. The main components of a tidal range scheme are explained as well as the potential environmental impact of any large tidal range scheme. Tidal barrages are compared with tidal lagoons. The generation of electricity from tidal streams is discussed and examples of the tidal stream resource provided. Tidal stream turbines are described and compared with wind turbines using axial momentum theory. Simple water wave theory is summarized and the use of the wave height and wave period to describe of the wave power resource is described. Prototyped devices for wave power generation are described and the power that would be generated by a wave power device wave climate is shown. The chapter is supported by 8 examples, 15 questions with answers and full solutions in the accompanying online material. Further reading and online resources are identified.
EU fundamental rights are autonomous EU rights but are founded on two sources: the European Union Charter of Fundamental Rights (EUCFR) and general principles of law. The EUCFR has the same legal status as the Treaties, and comprises a wide array of civil, economic, ecological, political and social rights. General principles of law comprise all the rights in the European Convention on Human Rights as well as a number of further principles: notably, equal treatment, legitimate expectations, the proportionality and precautionary principles, and general rights of defence. EU fundamental rights can be invoked to strike down EU measures but, more frequently, they guide interpretation of these measures. They can only be invoked against Member States when these implement EU law. This will be so when a national measure implements or has the same objectives as an EU law, is authorised by an EU law, or is invoked as an exception to an EU law. A number of general principles of EU law can also be invoked against private parties, notably the prohibition on discrimination, the right to effective judicial protection and the right to annual leave.
Article 34 of the Treaty on the Functioning of the European Union (TFEU) provides that measures equivalent to a quantitative restriction shall be prohibited. The case law of the European Court of Justice interpreting this has addressed product standards, selling arrangements and all other kinds of national measures that might tend to hinder trade or affect consumer behaviour and thereby restrict imports. Relying on judge-made ideas such as mutual recognition and mandatory requirements, the Court has put the informed consumer at the heart of the market, at the expense of the paternalistic state. On the other hand, it recognises the need to restrict free movement where legitimate public interests are at stake, with the proportionality of such restrictive measures being the main question in most cases.
In Chapter 5, we turn to applications in business and public policy, with discussions on the burden of taxes, price regulations, minimum wages, the buying/selling of fringe benefits within firms, and the role of honesty, credibility, and ethics within profit maximization.
The chapter considers the powers of the central administrative and legislative institutions. The Commission comprises a college of twenty-seven Commissioners appointed for five years. It has four central types of power. It can adopt quasi-legislation. It proposes laws, policies and the budget. It administers EU policies. Finally, it has powers to police the observance of EU law. The Council of Ministers, comprised of national ministers, has the final power of decision over almost all fields of EU law. It votes either by unanimity or by Qualified Majority, where fifteen States representing 65 per cent of the Union population must vote for a measure. The European Council comprises the Heads of Government. Its central role is to provide political direction for the other EU Institutions. The European Parliament comprises 705 directly elected representatives. Depending upon the field, it has the power of veto over legislation, has to assent to it or must be consulted over it. The Parliament also has significant powers to hold the other EU Institutions to account. This chapter concludes by examining the circumstances when individuals can seek disclosure of documents from the EU Institutions.
Put simply–although nothing about it is simple–public diplomacy is diplomacy carried out in public, as opposed to most of diplomacy, which is done in private. It is a set of activities that inform, engage and influence international public opinion to support policy objectives or create goodwill for the home country. It is important to understand what public diplomacy is not. It is not an advertising campaign to get foreigners to like your country–even if they dislike it, they can still support, or at least accept, a particular policy or action. It is not a propaganda effort to mislead or lie to audiences for tactical or other advantage. It is a sustained endeavor that advances your country’s policies and reflects a solid understanding of the host-country’s language, culture, history and traditions. Both public diplomacy and propaganda are means to project power.
This chapter considers relations between the European Union and other European States. The European Economic Area establishes something close to a single market, with non-EU States transposing swathes of EU law into their national law. A customs union with Turkey in non-agricultural goods requires Turkey to align its laws with EU laws relating to external trade and free movement of goods. A hybrid regime exists with the United Kingdom. Northern Ireland aligns its external trade and free movement of goods law with EU law. A free trade agreement exists for the rest of the United Kingdom which abolishes tariffs on movement of goods but allows regulatory barriers. A free trade agreement also operates with Ukraine under which it aligns its laws with EU law in free movement of goods, most of free movement for services, environmental, labour and competition law. A limited free trade agreement exists with Switzerland, alongside a number of agreements in which Switzerland aligns its laws with EU law in return for access to the EU market or territory. The chapter also considers the ‘Brussels effect’ under which non-EU States and industries voluntarily adopt EU law to access the EU market.
The Member States of the European Union have created an internal market where movement of goods, services, persons and capital should be as easy across borders as it is within a single Member State. This is achieved by Treaty Articles which prohibit restrictions on free movement and discrimination, and by harmonisation. The process of harmonisation is complex and contested because it goes to the heart of how much power the EU has, and how much uniformity between Member States is required. The creation of common standards, although done by legislation, is a technocratic process in which it is sometimes claimed that non-scientific interests such as culture and identity are not adequately represented. As well as this, a well-functioning internal market has side-effects, such as regulatory competition, which put pressure on national standards and may undermine national preferences.
In this chapter we will consider in detail the interaction of an isolated rigid particle with the surrounding continuous-phase flow. In the low Reynolds number limit, the problem can be solved analytically. At finite Reynolds number, one must resort to numerical simulations. Nevertheless, in both cases, by simultaneously solving the Navier–Stokes equations for the fluid, equations of rigid-body motion for the particle, and coupling them with no-slip and no-penetration boundary conditions, we can obtain complete details of the flow around the particle.
The Treaty on the Functioning of the European Union (TFEU) provides for free movement of the factors of production, but also for derogations from free movement where necessary to protect important interests such as public policy, public security and public health. These have been broadened out by the Court of Justice to include other public interest objectives, including the environment and consumer protection, which can also be relied on under certain conditions. All these derogations and protections are to be applied subject to certain conditions – they must be restrictively interpreted, non-discriminatory, procedurally fair and applied in a proportionate and consistent way. Alongside these, there are specific exceptions applying to occupations, excluding public service and official authority from the scope of Articles 45, 49 and 56 TFEU.