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1
Micińska, Magdalena. „ANIMAL TRAPS - EU AND NATIONAL REGULATIONS WITH SPECIFIC EMPHASIS ON THE AGREEMENT ON INTERNATIONAL NORMS OF HUMANE ANIMAL CAPTURE“. Studia z zakresu nauk prawnoustrojowych. Miscellanea VIII, z. 2 (07.12.2018): 123–37. http://dx.doi.org/10.5604/01.3001.0013.0365.
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Animal traps have always accompanied man, with whom the primary people organized the first hunts. Along with the development of hunting art, traps gradually gave way to specialized hunting weapons. However, the use of animal traps on a large scale still occurs in countries that are world exporters of fur and skins of wild animals - Canada, Russia and the USA. Driven by expressed in art. 13 TFEU with the principle of animal welfare, the European Union has introduced a number of regulations to ensure humane catches in member countries as well as in third countries exporting skin and fur. The purpose of this article is to analyze the current legal situation in Poland with regard to the implementation of EU legislation on humane trap standards, with particular regard to the obligations contained in the agreement concluded between the European Community, Canada and the Russian Federation on 22 July 1997 - on international humane trapping standards . Keywords - EU, Poland, Russia, Canada, USA, animal welfare, humane animal protection, snare, poaching, animal species protection, hunting, animal traps, hunting, trapping, hunting law.
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Rohde, Christine, David Smith, Dunja Martin, Dagmar Fritze und Joost Stalpers. „Code of Conduct on Biosecurity for Biological Resource Centres: procedural implementation“. International Journal of Systematic and Evolutionary Microbiology 63, Pt_7 (01.07.2013): 2374–82. http://dx.doi.org/10.1099/ijs.0.051961-0.
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A globally applicable code of conduct specifically dedicated to biosecurity has been developed together with guidance for its procedural implementation. This is to address the regulations governing potential dual-use of biological materials, associated information and technologies, and reduce the potential for their malicious use. Scientists researching and exchanging micro-organisms have a responsibility to prevent misuse of the inherently dangerous ones, that is, those possessing characters such as pathogenicity or toxin production. The code of conduct presented here is based on best practice principles for scientists and their institutions working with biological resources with a specific focus on micro-organisms. It aims to raise awareness of regulatory needs and to protect researchers, their facilities and stakeholders. It reflects global activities in this area in response to legislation such as that in the USA, the PATRIOT Act of 2001, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001; the Anti-Terrorism Crime and Security Act 2001 and subsequent amendments in the UK; the EU Dual-Use Regulation; and the recommendations of the Organization for Economic Co-operation and Development (OECD), under their Biological Resource Centre (BRC) Initiative at the beginning of the millennium (OECD, 2001). Two project consortia with international partners came together with experts in the field to draw up a Code of Conduct on Biosecurity for BRCs to ensure that culture collections and microbiologists in general worked in a way that met the requirements of such legislation. A BRC is the modern day culture collection that adds value to its holdings and implements common best practice in the collection and supply of strains for research and development. This code of conduct specifically addresses the work of public service culture collections and describes the issues of importance and the controls or practices that should be in place. However, these best practices are equally applicable to all other microbiology laboratories holding, using and sharing microbial resources. The code was introduced to the Seventh Review Conference to the Biological and Toxin Weapons Convention (BTWC), United Nations, Geneva, 2011; the delegates to the States’ parties recommended that this code of conduct be broadly applied in the life sciences and disseminated amongst microbiologists, hence the publishing of it here along with practical implementation guidance. This paper considers the regulatory and working environment for microbiology, defines responsibilities and provides practical advice on the implementation of best practice in handling the organism itself, associated data and technical know-how.
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Tegli, Stefania, Carola Biancalani, Aleksandr N. Ignatov und Ebrahim Osdaghi. „A Powerful LAMP Weapon against the Threat of the Quarantine Plant Pathogen Curtobacterium flaccumfaciens pv. flaccumfaciens“. Microorganisms 8, Nr. 11 (31.10.2020): 1705. http://dx.doi.org/10.3390/microorganisms8111705.
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Curtobacterium flaccumfaciens pv. flaccumfaciens (Cff) is a Gram-positive phytopathogenic bacterium attacking leguminous crops and causing systemic diseases such as the bacterial wilt of beans and bacterial spot of soybeans. Since the early 20th century, Cff is reported to be present in North America, where it still causes high economic losses. Currently, Cff is an emerging plant pathogen, rapidly spreading worldwide and occurring in many bean-producing countries. Infected seeds are the main dissemination pathway for Cff, both over short and long distances. Cff remains viable in the seeds for long times, even in field conditions. According to the most recent EU legislation, Cff is included among the quarantine pests not known to occur in the Union territory, and for which the phytosanitary inspection consists mainly of the visual examination of imported bean seeds. The seedborne nature of Cff combined with the globalization of trades urgently call for the implementation of a highly specific diagnostic test for Cff, to be routinely and easily used at the official ports of entry and into the fields. This paper reports the development of a LAMP (Loop-Mediated Isothermal Amplification) specific for Cff, that allows the detection of Cff in infected seeds, both by fluorescence and visual monitoring, after 30 min of reaction and with a detection limit at around 4 fg/μL of pure Cff genomic DNA.
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Kravchuk, M. Yu. „NATIONAL NORMATIVE-LEGAL ACTIONS OF ANTI-BIOTERRORISM UNDER THE PRIZE OF INTERACTION WITH INTERNATIONAL LAW PROVISIONS“. Actual problems of native jurisprudence, Nr. 4 (30.08.2019): 163–65. http://dx.doi.org/10.15421/391935.
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The article analyzes the international legal acts on issues of counteraction to bioterrorism. It has been established that Ukraine is implementing effective cooperation on issues of mutual interest with bioterrorism both at the universal and regional levels (with NATO, CIS, EU), as well as at the bilateral level. The role of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and on their Destruction (CBTZ), Ukraine as a full member is determined. To strengthen the provisions of the Convention at the national level, a number of laws and regulations have been adopted, the purpose of which is to exclude the possibility of conducting activities in violation of the requirements of the OSCE. In general, the legal basis for combating bioterrorism is the Law of Ukraine dated March 20, 2003 “On the Fight against Terrorism”; the basis of the national system of “export control” are the laws of Ukraine “On Foreign Economic Activity” of 17.05.1991, “On State Control over International Transfers of Military and Dual-Use Goods” of 20.02.2003, the KPiminal Code of Ukraine of 05.04.2001, in the articles of which (art .439, art. 440) provides for liability for activities contrary to the Constitution. Information is given about activities of medical, scientific, specialized and production institutions in Ukraine that have micro-organisms banks or work with products of their vital activities, and are included in the scope of the CBT. Also in Ukraine, the inter-governmental intergovernmental organization Ukrainian Science and Technology Center was established in Ukraine. The emphasis is on Ukraine’s accession to the Global Health Security Agenda, the global initiative of the Centers for Disease Control (USA), which began in February 2014, to build a safe world protected from the dangers of infectious diseases. Appropriate conclusions were drawn about the priority task of Ukraine in developing a legislative position on the development of a package of legal acts in the field of combating bioterrorism, adopting recommendations for the implementation of the provisions of the Convention (CBTZ) and implementing other, no less important, strategic plans
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Denisov, D. M. „Modern Aspects and Measures for Prevention of Illegal Trafficking of Weapons (Ammunition) Based on a Brief Analysis of the Survey of Sentenced Persons“. Pravo: istoriya i sovremennost', Nr. 1(14) (2021): 076–90. http://dx.doi.org/10.17277/pravo.2021.01.pp.076-090.
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The article discusses the issues of illegal circulation of weapons, explosives and explosive devices, including the specifics of legislation in different countries. The role of law enforcement agencies in the sphere of legal and illegal arms trafficking is considered. The article notes the lack of a unified systematic approach of the authorities. The rate of development of technologies contributing to the illegal circulation of weapons is described. The article also reflects the peculiarities of responsibility for acts with weapons, ammunition or explosives, and sets out the results of a survey of convicted persons, puts forward proposals for improving legislation in this area. The purpose of the article is to consider the current state of the work of law enforcement agencies in the field of countering the illegal circulation of weapons, explosives and the development of proposals for improving legislation in this area.
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Suchanek, Paweł. „Deactivation of weapons from the perspective of European Union and Kosovo“. Internal Security 8, Nr. 1 (30.01.2016): 123–36. http://dx.doi.org/10.5604/20805268.1231546.
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Despite existing regulations on weapon acquisition, possession, trade, transfer over the border on EU and UN level, for a long time an issue of deactivation had not been addressed by EU in a comprehensive way until December 2015, the aftermath of the series of terrorist attacks in several EU Member States. . For some years after the amended Firearms Directive 2008/15/EC had come into force, except for the framework guidelines, there was neither a sense of common understanding for the concept of deactivation, nor definite, technical requirements for all EU Member States. In result, deactivated firearms that were legally transferred or illegally trafficked within EU territory were very likely to be reactivated by criminals and re-introduced into illicit weapon market. The article describes the path that has finally led to the establishment of the EU requirements on deactivation, presenting on the other hand, the struggle for the set-up of sound anti-reactivation provisions by one of the newest countries on the European map, that is Kosovo. This young state has had to overcome the post conflict situation and has started to introduce a versatile control over the civilian weapon market. As Kosovo has been strictly cooperating with EU and UN on public security related issues, the topic of regulating the weapon market became one of the issues of legitimate concern both for Brussels and Pristina. In case of the deactivation, Kosovo authorities assisted by international experts, prepared comprehensive solutions in their domestic legislation, which came into force long before the establishment of EU common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable set in December 2015.
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Yurkovska, Lidiia H., Volodymyr V. Krasnov und Serhii H. Ubohov. „QUALITY ASSURANCE OF MEDICINES: THE STATE AND TRENDS OF THE EUROPEAN UNION AND UKRAINE LEGISLATION DEVELOPMENT“. Wiadomości Lekarskie 74, Nr. 1 (Januar 2021): 150–54. http://dx.doi.org/10.36740/wlek202101129.
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The aim: Scientific substantiation of the state and tendencies of development at the present stage of the legislation of the European Union and Ukrainian legislation on quality assurance of medicines. Materials and methods: Using the biblio-semantic, systematic-review, analytical, formal-legal and comparative-law methods, the individual regulatory sources of pharmaceutical legislation of the EU and Ukraine were studied. Conclusions: The paper identifies that pharmaceutical legislation of the EU and Ukraine on quality assurance of medicines at the present stage of their development have common features, which include the number, disorder of existing legal acts, which creates conflicts between them and the potential for gaps in regulation. The main trend in the development of this legislation in the EU and Ukraine is the disparity of legal acts and the lack of significant legislative efforts to codify them.
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Andreeva, T. „Main Directions of UK and EU Immigration Policy“. World Economy and International Relations, Nr. 9 (2011): 100–113. http://dx.doi.org/10.20542/0131-2227-2011-9-100-113.
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The author of the article retraces the development of the British immigration and asylum legislations which occurs under the impact of the Common European immigration legislation development. The subject of the article is the assessment of the British and EU immigration legislation mutual enrichment degree which shows the will and ability of Great Britain to integrate in the EU immigration legislation in order to strengthen its role in the modern international relations.
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Adijāne, Iveta. „CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION“. BORDER SECURITY AND MANAGEMENT 3, Nr. 8 (20.10.2020): 54–63. http://dx.doi.org/10.17770/bsm.v3i8.5359.
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There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.
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Adijāne, Iveta. „CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION“. BORDER SECURITY AND MANAGEMENT 3, Nr. 8 (20.10.2020): 54–63. http://dx.doi.org/10.17770/bsm.v3i8.5359.
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There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.
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Kistenkas, F. H. „Rethinking European Nature Conservation Legislation: Towards Sustainable Development“. Journal for European Environmental & Planning Law 10, Nr. 1 (2013): 72–84. http://dx.doi.org/10.1163/18760104-01001005.
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European nature conservation law with its habitats assessment as demanded by Article 6 of the 1992 Habitats Directive is recently being regarded as rigid, rather static and not fully updated with modern sustainability and climate change demands. As a consequence nature conservation law is said to be not always capable to facilitate sustainable development. A balancing of both ecology and socio-economic interests rather than a singular ecological criteria assessment might give way to sustainable combinations of land use in or nearby nature reserves. While previous authors call for updating and restructuring the Habitats Directive, this paper argues that the EU legislative framework, consisting of European treaty law with its environmental law principles as well as the wording of Article 6 itself, already offers adequate opportunities to re-interpret the EU nature conservation directives within the context of sustainable land use, thus giving way to a less dogmatic approach entirely in line with modern sustainable development demands.
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Natalii, Malysheva. „Development of the Environmental legislation in Ukraine after coming into force of the Association Agreement“. Yearly journal of scientific articles “Pravova derzhava”, Nr. 31 (2020): 222–31. http://dx.doi.org/10.33663/0869-2491-2020-31-222-231.
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After the full entry into force on 01.09.2017 of the EU – Ukraine Association Agreement one of the main tasks of its implementation was to align Ukraine's national legislation with EU law. The Agreement itself, as well as the annexes thereto, set out both the directions of this process and the specific provisions of EU acts (directives and regulations) to align with national legislation of Ukraine and timeframes of these actions. An important area of harmonization in the context of the Association Agreement’s obligations is environmental protection; its main vectors are set out in Chapter 6 "Environment" of Section V "Economic and Sectorial Cooperation" (Art. 360–366) and in Annexes XXX and XXI to the relevant Chapter 6. In total, following the Annex XXX, Ukraine has to adapt its legislation to the provisions of 26 EU directives and 3 regulations. Since that time both successes in Ukraine's implementation of the EU environmental acquis, as well as weaknesses, problems and difficulties in way to bring the legislation into compliance were revealed. Positive impact on implementation of the Agreement’s requirements was, in particular, the creation of bilateral and national mechanisms for monitoring the implementation of the Agreement, both at the institutional, organizational, legal and procedural levels, for analyze the implementation of Ukraine's commitments on a permanent or periodic basis. Among the main problems which arise during bringing to compliance are the following: lack/insufficiency of a systematic approach in the harmonization process, failure to take into account strategic guidelines and perspective development of EU environmental law, on the one hand, and features of the Ukrainian legal system, on the other hand; attempting to formally transpose EU law without proper link to national environmental law. Finally, there are many environmental issues, the regulation of which is inert to the factors of harmonization with EU law, but is important for domestic national regulation. Unfortunately, in recent years, these aspects of the development of environmental legislation of Ukraine have been constantly neglected, and all legislative activity in the environmental field has been fully focused on bringing the legislation in line with the requirements of the Association Agreement.
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Shulga, Ievgenii, Volodymyr Kurylo, Inna Gyrenko und Serhii Savych. „Legal Regulation of Energy Safety in Ukraine and the European Union: Problems and Perspective“. European Journal of Sustainable Development 8, Nr. 3 (01.10.2019): 439. http://dx.doi.org/10.14207/ejsd.2019.v8n3p439.
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Nowadays in Ukraine there is no single view on understanding of the strategy of development of energy safety, which profoundly and negatively affected the general state of national safety of the country. The purpose of the article is to analyze the current state of legal security of energy safety in Ukraine, check it for compliance with its obligations under the Association Agreement with the EU and other EU acts that proclaim the standards in the field of energy safety. This paper refers to the experience of the EU energy safety legislation. Furthemore, this study provides analysis of Ukrainian legislation in this field, draws attention to the existing conflicts and gaps, emphasizing the need to optimize legislation of Ukraine's energy safety according to the EU standards. Keywords: energy safety, energy law, the EU energy safety, energy safety of Ukraine, legislation of energy safety, adaptation of Ukrainian energy legislation to the EU standards.
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Johansen, Elise. „The EU Influence on Norwegian Domestic Legislation for the Protection of the Arctic Marine Environment“. International Journal of Marine and Coastal Law 33, Nr. 2 (05.03.2018): 415–35. http://dx.doi.org/10.1163/15718085-13320006.
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Abstract In the last several decades, the European Union (EU) has demonstrated its intention to play an important role in supporting Arctic cooperation and helping to meet the challenges now facing the region. Norway, one of the five Arctic coastal states, and the EU have cooperated closely in this regard, particularly through the Agreement on the European Economic Area (EEA Agreement). This article examines how Norway’s domestic legislation applicable to its Arctic marine areas has been influenced by the development of EU environmental legislation. Specifically, this paper provides a discussion and analysis of the relevant Norwegian laws and mechanisms used to regulate how EU environmental legislation has been incorporated into Norway’s domestic legislation through the EEA Agreement.
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Kutsevych, Maksym, Olena Yara, Liudmyla Golovko und Volodymyr Terpeliuk. „Sustainable Approaches to Waste Management: Regulatory and Financial Instruments“. European Journal of Sustainable Development 9, Nr. 2 (01.06.2020): 163–71. http://dx.doi.org/10.14207/ejsd.2020.v9n2p163.
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with the provisions and principles of EU waste policy and development of suggestions for improvement of Ukrainian law. The article provide an overview of EU waste legislation, main EU investment policy and its contributions to municipalities in the area of solid municipal waste management. The ways of ecological modernization of the management of solid municipal waste were investigated. Proposals for implementation of experience of EU member states, which has proved itself in practice, were made. Keywords: EU waste management, EU law, adaptation of Ukrainian legislation to EU standards, financial instruments
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Materniak, Dariusz. „Prevention of Industrial Accidents in the EU Legislation“. Journal of Vasyl Stefanyk Precarpathian National University 5, Nr. 2 (23.08.2018): 218–22. http://dx.doi.org/10.15330/jpnu.5.2.218-222.
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The development of civilization and technology is associated with the growing risks to the natural environment, primarily from the risks posed by industrial plants that use hazardous substances or production processes in process of production. The experience of the last few decades shows that such failures cause serious damage to the environment and material or human losses. To prevent such accidents and limit their possible consequences, legal regulations known as Seveso Directives have been developed within the European Union. They were adopted also in Poland as a EU member
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Maliuha, Lesia Yuriivna. „ADAPTATION OF UKRAINIAN SOCIAL LEGISLATION TO THE LEGISLATION OF EU: CURRENT STATE AND TRENDS IN DEVELOPMENT“. Law Bulletin 9 (2019): 120–29. http://dx.doi.org/10.32850/2414-4207.2019-9.16.
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Kovaleva, Natalia N., und Rinat R. Faiskhanov. „The Application of the Historical Experience to the Solution of Challenging Issues of Control over Weapon Circulation“. Administrative law and procedure 10 (08.10.2020): 58–61. http://dx.doi.org/10.18572/2071-1166-2020-10-58-61.
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This work is an analysis of methods for solving the problem of illicit trafficking in weapons used in the Russian state during the period of the entire historical development of the institution of the licensing system. Characteristic features of these methods are distinguished and described. The authors traces the formation in the Russian Federation of a licensing system in the field of arms trafficking. Particular attention is focused on the features and effectiveness of legal regulation of the fight against illicit arms trafficking. The views on the provisions of the current rules of administrative legislation governing the responsibility for violation of the rules of storage, carrying or destruction of weapons and ammunition to it are stated. Also proposed are additions to administrative legislation that, in the opinion of the authors, are capable of reducing the number of cases when civilian weapons become illegal and, as a result, can be used further for criminal purposes.
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Mazur, Grzegorz, und Jakub Banach. „V4 & Development Co-operation Policy“. Open Political Science 4, Nr. 1 (01.01.2021): 180–93. http://dx.doi.org/10.1515/openps-2021-0017.
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Abstract The accession of the Visegrad Group (V4) countries to the European Union has triggered their active participation in assistance to less developed countries. Since joining the EU, the analyzed countries have developed ODA legislation and an institutional framework and increased financing in development co-operation. Being a member of the EU and DAC, all V4 countries also have their legal and financial obligations in the area of development co-operation. The shared experience of those countries in creating and implementing their development policy gives reason to investigate their aid systems, development policy challenges and implementation of their commitments as a group of donors. The aims of the paper are to identify main development trends of the V4 countries’ development policies as well as to investigate the implementation of their development commitments taken at a global and EU level. This has allowed to define the main challenges for V4 countries in delivering efficient development assistance to other developing countries in the future, such as improvements in institutional systems, transparent and clearly defined legislation as well as substantial increase of financing transferred by V4 to ODA.
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Bogdan, V. V., E. V. Chernykh und R. W. Khalin. „CONSEQUENCES OF BRexIT FOR CONSUMERS AND LEGISLATION FOR THE PROTECTION OF CONSUMERS 'RIGHTS IN GREAT BRITAIN“. Proceedings of the Southwest State University 22, Nr. 1 (28.02.2018): 204–10. http://dx.doi.org/10.21869/2223-1560-2018-22-1-204-210.
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This article considers one of the topical issues of the development of legislation on consumer rights protection in the European Union countries in connection with Great Britain’s withdrawal from EU. European legislation on the protection of consumer rights has a number of features since all participants at the very beginning of the EU’s existence pledged to share responsibility for enacting legislation that protects consumer rights. The authors dwell on the problems of consumer rights protection in the UK, the consolidation of the legislation on consumer rights protection, and the models for building relations between the UK and EU: British membership in the European Economic Area (EEA); relations only within the framework of the World Trade Organization (WTO); cooperation, built on individual terms. In the study, the authors used analytical and formal-legal methods, the method of abstraction which made it possible to formulate conclusions on the conducted research. The authors come to the conclusion that there are strong relations between the rules of the Institute for the Protection of Consumer Rights of Great Britain and the legislation of the EU, so no major changes are currently expected. The Law "On the Rights of Consumers" not only introduced colossal changes in the national English legislation, but also summarized various aspects of consumer legislation in one legislative act. Such consolidation of consumer law in the UK has proved to be one of the most complex and promising legislative acts within the EU. Currently, it is difficult to predict the consequences of the UK’s exit from the EU for consumers and business, not knowing the scenario of the development of transitional or future relations with the EU. Undoubtedly, the next two years of the transition period will be difficult, since the decisions will be made by 27 EU countries without the participation of Great Britain.
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Barancová, Helena. „EU Adhesion of the Slovak Republic and the Development of Employment Legislation“. Transition Studies Review 13, Nr. 1 (Mai 2006): 9–12. http://dx.doi.org/10.1007/s11300-006-0078-z.
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Adijāne, Iveta. „ASYLUM PROCEDURE IN LATVIA - A PART OF COMMON EUROPEAN ASYLUM SYSTEM“. BORDER SECURITY AND MANAGEMENT 2, Nr. 7 (05.07.2018): 7. http://dx.doi.org/10.17770/bsm.v2i7.3494.
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The Common European Asylum System (CEAS) conditions apply to Latvia. Development of the Common European Asylum System impacts Latvian legislation and has an effect on the work of judicial institutions. Any European Union scale change affects Latvia. Common European Asylum System conditions in Latvia are being met by direct implementation of the EU instructions. Well-considered position and evaluation of CEAS conditions according to Latvian interests is necessary. Goal of this article is to review demands of the Common European Asylum System towards the member states as well as concordance of the Latvian asylum procedure with conditions of the Common European Asylum System. Objectives of this research is to examine development of legislation in the EU and Latvia, to analyse and compare current legislation of the asylum procedure in the EU member states as well as to analyse impact of CEAS towards the asylum procedure in Latvia. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in the EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of the asylum procedure and determine interconnections in the asylum procedure time frame between legislation and practical instances in EU countries.
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van Middelkoop, L. „Sustainable Urban Development, the Dutch Method: Best Practice for the European Integrated Approach?“ Journal for European Environmental & Planning Law 7, Nr. 1 (2010): 1–23. http://dx.doi.org/10.1163/161372710x12676263561719.
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AbstractAn important European environmental policy aim is to create “sustainable cities”. The aim of this article is to explore the possible tensions between environmental measures and urban spatial planning law that can arise in creating such sustainable cities and examine opportunities for integrated sustainable urban planning. The policy document discussed in this article is the European Thematic Strategy on Urban Development of 2006. This Strategy promotes an integrated approach as the tool to achieve sustainable urban development, with the implementation of existing EU environmental legislation as its outer boundary. However, no specific EU legislation has been adopted or is foreseen thereon. The EU merely intends to offer support and guidance to the Member States. But will such a policy suffice to reach the aim? Are not clearer (legislative) parameters needed? Within the EU several “best practices” to the integrated approach are being developed by the Member States. This article highlights the Dutch approach to integrated urban development that could be seen as such a best practice. Particularly relevant in urban (re)development projects are the Dutch 'Interim Act City and Environment approach', the legal Framework for Air Quality in the Dutch Environmental Management Act and the 'Crisis and Recovery Act'. These instruments show chances for integrated urban (re)development. But some points of attention remain even in the Dutch approach, such as the guarantee that the ecological aspect of sustainability must not come off worse. Is EU legislation needed to address these points of attention or will national (or local) action do?
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Golovko, Liudmyla, Olena Yara, Maksym Kutsevych und Tamara Hubanova. „Environmental Policy Integration in Ukraine and the EU“. European Journal of Sustainable Development 8, Nr. 3 (01.10.2019): 221. http://dx.doi.org/10.14207/ejsd.2019.v8n3p221.
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The purpose of our scholarly work is to explore actual problems of harmonization of legislation of Ukraine in the sphere of environmental policy integration with EU law and development of proposals for the improvement of Ukrainian legislation. The state of environmental policy integration in Ukraine was assessed. Government strategies, programmes, concepts and plans in Ukraine and EU were analyzed. Based on comparison analysis differences and common problems of environmental policy integration in Ukraine and EU member states were determined and recommendations on the measures to be taken to ensure better integration of environmental policies in sectoral policies in Ukraine were made. Keywords: environmental policy integration, sustainable development, strategic environmental assessment
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Kondratenko, Vitalii, Olena Okopnyk, Linda Ziganto und Aleksy Kwilinski. „Innovation Development of Public Administration: Management and Legislation Features“. Marketing and Management of Innovations, Nr. 1 (2020): 87–94. http://dx.doi.org/10.21272/mmi.2020.1-06.
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The paper deals with the analysis of the impact of public administration on the innovation development. With purposes to identify the main scientific directions of analysis among the scientific community, the authors did the bibliometric study. For the reviews, the authors selected 1167 papers which indexing in Scopus. For the visualising the findings of bibliometric analysis, the VOSviewer was used. The results allow allocating 10 clusters of scientific directions which analysed the issues of innovations and public administrations. The first most significant clusters could «innovation» analysed the efficiency of the public administration through the effectiveness of innovation implementation. The second clusters connected with the government innovation policy and located close to the first clusters. The third cluster «public administration» involved 40 items and 4699 links. The scientists with Italian and American affiliations had the most significant shares of papers. At the same time, the European funding allocated the most significant share of financing such research. The hypothesis of the investigation was checking the linking between levels of innovation development and countries’ rating on the efficiency of public administration using the correlation analysis and least square model. For the checking hypothesis, the authors used the software EViews11. The authors analysed the Worldwide Governance Indicators as the base indicators for the assessment of public administration efficiency. For the analysis, the authors used data for EU countries and Ukraine. As Ukraine has started the integration process, the Ukrainian policy should be synchronised with the EU. The findings proved the correlation between variables. Thus, the increasing of government efficiency and the rule of law lead to increasing by 0,094 and 0,043 points the level of innovation development of the country corresponding. At the same time, the increasing regulation policy provoke the increase of innovation development by 0,08 points. The less impact had the variables as follows: sustainability competitiveness of the country and volume of expenditure on research and development. After analysis of the empirical data, the reviews of the management and legal instruments was done. Considering the EU experience, the authors identified the system of tools which lead to increasing of public administration efficiency as follows: legislation on property rights, anti-corruption directives, digitalisation of government authorities at all levels. For the future investigation, the time and range of the countries should be extended. Keywords governance, management, law, property right, innovation.
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Callréus, Torbjörn. „The New EU Legislation on Pharmacovigilance and Changing Models for Drug Development“. Drug Safety 34, Nr. 6 (Juni 2011): 529–30. http://dx.doi.org/10.2165/11592380-000000000-00000.
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Tarasova, E. V. „MAIN DIRECTIONS OF EU LEGISLATION DEVELOPMENT IN THE FIELD OF PESTICIDES REGULATION“. Toxicological Review, Nr. 3 (24.06.2020): 41–52. http://dx.doi.org/10.36946/0869-7922-2020-3-41-52.
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The article provides an overview of the main directions of development of EU legislation in the field of pesticides regulation. Special attention is paid to the problems of neonicotinoids, glyphosate, endocrine disruptors, and food quality control for the content of residual amounts of pesticides.
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Jarašius, Gytis. „ALTERNATIVE INVESTMENT FUNDS: REGULATION, CHARACTERISTICS AND DEVELOPMENT IN LITHUANIA“. Ekonomika 91, Nr. 1 (01.01.2012): 157–72. http://dx.doi.org/10.15388/ekon.2012.0.901.
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This article deals with the operations of alternative investment funds (AIF) and their legislation in Lithuania. Currently, the AIF registered in Lithuania face difficulties, since the majority of them are not able to attract investors and are forced to discontinue their operations. Nevertheless, the size of the AIF capital in Lithuania is consistently growing and contributes to the increasing share of capital among all investment funds. The legislation of AIF on the global scale before the financial and economic crisis in 2008 was rather weak; nevertheless,currently this trend is changing, a new legislation is put in place in the EU and USA in order to tighten AIF legislation and to limit their operations. However, AIF registered in Lithuania are rather small; therefore, this trend will not have a significant influence on Lithuania.
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Zdravkovic, Dusan, und Snezana Vasic. „The development of environmental management system in Serbia and Montenegro as part of the EU accession“. Ekonomski anali 44, Nr. 161 (2004): 101–21. http://dx.doi.org/10.2298/eka0461101z.
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Environmental protection is one of the top priorities of the EU. The EU regulates this area both within the Union and internationally. Also, the regulations concerning environmental protection in the EU to a certain extent exceed the national level. The EU environmental legislation imposes a number of challenges to membership candidates. Legal heritage of the EU is very extensive, complex and costly, and environmental problems are much more important in the EU membership candidates than in the member states. Therefore, it is of great importance for transitional countries such as Serbia and Montenegro to participate in the EU Stabilization and Association Process as well as in the WTO accession process.
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Boiko, Viktor, Mykola Vasylenko und Serhii Kukharenko. „Cybersecurity in the EU and Member States: Genesis and Issues of its Enhancing“. Information Security of the Person, Society and State, Nr. 27 (2019): 57–69. http://dx.doi.org/10.51369/2707-7276-2019-3-6.
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The article deals with the issues of establishing cybersecurity in the EU and its member-states at the legislative level as viewed from the point of a systematic approach. The authors identified problematic aspects of improving cybersecurity quality and conditions. They analyzed the impact of the EU member states legislation on cy-bersecurity. The article as well considers the process of ICT development and pre-sents the ways of creating new challenges by means of new technologies. Key words: cybersecurity, cyber resilience, regulatory instruments, EU legislation, innovations.
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Kadrimi, Leonard, und Arber Gjeta. „The Codification of the Transport Legislation in Albania under EU Integration Process: Is It an Italian Model?“ Journal of International Cooperation and Development 2, Nr. 2 (10.11.2019): 110. http://dx.doi.org/10.36941/jicd-2019-0016.
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In recent decades the process of EU integration has driven the Albanian legislation development. The adoption of legislation in line with the acquis was often made not through real legislative process but as a need of implementation of EU regulations and directives, with the assistance of EU experts. This process not only has offered the best models of legislation but, it has also taken into account the specifics of the Albanian legal system. Through this paper we aim to provide an overview of the implementation of acquis in the field of transport law, and also offer an insight on how Albania has regulated the sector based on international conventions, EU legislation and foreign models like the case of Italy. On one hand Albania has adopted Codes for the regulation of railway, air and maritime transport and on the other hand there are laws that regulate road transport. These Codes are to be considered as an exhaustive of their field of competence, following the patterns of Italian legislation, but yet there are evidences that these Codes are far away from being considered as autonomous within the legal system. However, there is still a lack of secondary legislation that finds its origin in these codes. For the purposes of this paper we will take in consideration the approval and the entry into force of the Maritime and Air Codes and their alignment with the EU legislation and international conventions.
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Finta, István. „The Planned Legal Regulation of The Eu’s Post-2020 Development Policy – or An Assassination Against the Countryside“. European Countryside 11, Nr. 1 (01.03.2019): 162–77. http://dx.doi.org/10.2478/euco-2019-0010.
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Abstract The European Union is a representative and guardian of fundamental values that secure the guarantees of the democratic functioning of the Member States. One of the core values of the European Union and of democracy is the rule of law, which includes, inter alia, the compliance of any interference with the law and the primacy of higher laws. The basic question is whether these core values are binding on the EU legislator itself as well? In this context, further questions can be raised such as whether the territorial approach inherent in Article 174 of the Treaty, which is the basis of the European Union’s operation, to what extent it prevails in EU law? How the countryside, as a territorial unit deserving particular attention, does appear in legislation and in EU development policy? Does the legislator strive to enforce the fundamental goals set out in the Treaty – such as strengthening cohesion, mitigating territorial differences? The paper seeks to address these issues primarily on the basis of an assessment of the EU draft legislation for the post-2020 period.
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Meshcheryakova, Ol'ga M. „Development of banking standards control in the EU: problems and prospects“. Vestnik of Kostroma State University, Nr. 3 (2019): 162–66. http://dx.doi.org/10.34216/1998-0817-2019-25-3-162-166.
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The article is devoted to the study of banking standards in the European Union. The article examines the unified mechanisms of the banking standards control in the European Union. The author considers mechanisms for harmonising the legislation of the EU member states and international regulatory mechanisms of banking standards, Basel III. The article analyses the measures of legal regulation aimed at protecting the banking system of the European Union.
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Berezovska, I. „IMPACT OF THE ASSOCIATION AGREEMENT WITH THE EU ON THE DEVELOPMENT OF FOOD LAW IN UKRAINE“. ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS, Nr. 131 (2017): 60–67. http://dx.doi.org/10.17721/apmv.2017.131.0.60-67.
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The article notes that after signing the Association Agreement and launching free trade area between Ukraine and the EU, a new stage in the development of Ukrainian food law has begun. It is characterized by the increased impact of European Union law on the legal regulation of this sphere. The provisions of Chapter 4 “Sanitary and phytosanitary measures” of the basic for the FTA Ukraine-EU Title IV of the Association Agreement ”Trade and Trade-related Matters”, which serve as a legal basis for harmonization of Ukrainian legislation with EU food legislation were analyzed. The ways of Ukrainian food law development are proved to be determined by the Strategy for the implementation of Chapter IV, Section 4 of the Association Agreement. The measures envisaged by the Strategy covering almost all areas of public health, animal health and phytosanitary regulations have been analyzed. The European food and phytosanitary law is found out to cover the territory of Ukraine as a result of the implementation of measures provided for in the Association Agreement and the above Strategy. It was emphasized that the scale of the obligations undertaken by Ukraine to harmonize the food legislation requires prompt and qualified organizational work by the Ukrainian competent authorities.
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Butyrska, Iryna. „Functioning of government institutions and development of processes in the political space of the European Union“. Історико-політичні проблеми сучасного світу, Nr. 39 (16.06.2019): 32–40. http://dx.doi.org/10.31861/mhpi2019.39.32-40.
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The author analyzes the political space of the EU as an environment of functioning of political objects and development of political processes, a system of political differences, which strengthen the political hierarchy in the organization and the differentiation of political positions. Legislation adopted at the supranational level should be implemented by member-states or, if it is a directive, converted into national legislation. It is proved that the political and institutional structure of the hierarchy in the EU is relatively weak; it is based not on the independence of European authority, but on selective and overly conditioned transfer of authority of States to supranational institutions; part of national sovereignty is delegated to the States, although the States are sovereign within the EU; national sovereignty is limited to a certain extent and this is a serious obstacle that prevents the development of the authority vertical in the EU. The author emphasizes that this leads to failures in compliance with the rules of hierarchical subordination. Negotiations and cooperation of EU institutions are more organized than at the state level, which indicates the EU as a «Treaty order» or «competitive order». After all, the functioning of the European Single Market creates a pressure of competition on economic entities and on States with their political and economic regimes. The author believes that the solution of problems depends on the clarity of decisions and actions of the EU, which should become more open to political competition. This will promote innovation, highlight developments with the EU and enable citizens to decide who rules in the EU and take sides in the political debate. Institutional reforms have already changed the EU to a more competitive political institution. This approach should take the main place in the development of the EU policy, at least in the short term.
Keywords: European Union, political space, political process, European authority institutions.
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Lukasevych-Krutnyk, Iryna. „The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union“. Journal of the National Academy of Legal Sciences of Ukraine 27, Nr. 2 (28.06.2020): 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.
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The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines
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Buday, Š. „Development trends in land market prices in Slovakia“. Agricultural Economics (Zemědělská ekonomika) 51, No. 5 (20.02.2012): 207–11. http://dx.doi.org/10.17221/5096-agricecon.
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After the accession to the EU, there is a necessity to develop the land market in Slovakia. The achievement of the following conditions is necessary: settlement of estates in lands and unification of the law of real property in the areas of ownership, utilization, change of the land type, soil conservation, land use planning and building multiple-function agriculture with the legislation of the market economy countries as well as its harmonization with the EU legal regulations. It is also necessary to develop an official network to follow transactions on the land market, a regular update of data and their evaluation.
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Kim, Doo Su. „Development of Legislation and General Principles on the Environmental Protection of the EU“. Journal of international area studies 15, Nr. 2 (31.07.2011): 93. http://dx.doi.org/10.18327/jias.2011.07.15.2.93.
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Iefremova, Iryna, Iryna Lomakina und Nataliia Obiiukh. „Groundwater Protection as an Essential Component of Water Management in the European Union in the Light of Modern Integration Processes: Legal Aspects of the Problem“. European Journal of Sustainable Development 8, Nr. 3 (01.10.2019): 354. http://dx.doi.org/10.14207/ejsd.2019.v8n3p354.
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In the context of exacerbation of environmental problems that are global in nature, it is necessary to assess the opportunities and development prospects of environmental policy not only at the international level, but also at the regional European level. In this regard, the focus of our article is to consider the problem of protecting groundwater as a strategic natural resource and to analyze the practice of applying European directives on water quality and protection of groundwater in EU countries. In the EU, the basic legal framework for water protection is defined in the Water Framework Directive that determines the need to develop monitoring programs and basin water management plans to improve the quality of water in the EU by the member states. However, taking into account the fact that groundwater, especially drinking artesian water, is vulnerable to pollution, improvement of the legal groundwater protection system and the search for rational groundwater protection practices implemented in the EU countries are vitally necessary. Therefore, the paper aims to explore the ways of EU legislation development in the field of water resources protection, identifying the main areas of groundwater protection and analyzing the legal means used in certain EU countries, in particular, Austria, Germany, as well as identifying priorities and objectives for Ukraine on the way to integration into the system of European water legislation. Keywords: EU legislation, groundwater, groundwater pollution, groundwater use, water management, water protection.
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Kádár, Tamás. „Equality bodies“. International Journal of Discrimination and the Law 18, Nr. 2-3 (Juni 2018): 144–62. http://dx.doi.org/10.1177/1358229118799231.
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The Treaty of Amsterdam and the subsequent adoption in 2000 of the so-called Race Directive was a genuine paradigm shift in European equal treatment legislation and practice. One of the major developments resulting from this Treaty change and new Directive was the introduction of a requirement for all European Union (EU) Member States to set up bodies for the promotion of equal treatment, first on the ground of race and ethnic origin, later extended to the ground of gender. This article analyses the emergence of these bodies – equality bodies – in EU Member States and candidate countries and the role they play in promoting equality and the implementation and monitoring of EU equal treatment legislation. It argues that equality bodies have a significant potential to contribute to more equal societies and they have proved to be effective agents of change. They do so, among others, by contributing to relevant case law in front of the Court of Justice of the EU leading to the further development and clarification of EU and national equal treatment legislation. The article also looks at the challenges experienced by equality bodies in different European countries as factors that influence and might limit their potential and contribution. To conclude, the article examines the necessary conditions for equality bodies to effectively contribute to the implementation of EU legislation and the achievement of substantive equality and it assesses whether current standards for equality bodies can guarantee these conditions.
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Berezovska, I. „Reforming of legislation on the residues of veterinary medicinal products in foodstuffs of animal origin as a component of Ukraine food security“. Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 22, Nr. 100 (23.12.2020): 108–15. http://dx.doi.org/10.32718/nvlvet10019.
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It is known that the food security of the state, aimed at providing the population with quality and healthy food, is an important component of economic security. Recent developments in the world and national security challenges posed by the Covid-19 virus pandemic necessitate a reassessment of approaches to the legal regulation of issues that significantly affect human health. Today, the reform of the relevant national legislation on FAR residues in food requires a systematic and holistic approach and the definition of its priorities in such a way as to promote food safety and the development of domestic business. The article is devoted to the analysis of the current Ukraine legislation concerning regulation of residues of veterinary medicinal products in foodstuffs of animal origin. It was shown that the formation of such legislation was due to the development of international trade, including the fulfilment of the European Union requirements for the safety of foodstuffs imported into its market. At the same time, the conclusion of the Association Agreement and the introduction of a Free trade zone with the EU was a significant impetus to the reforming of national legislation on residues. The analysis of EU regulations, which serves as a legal basis for the residues control at the EU level, was carried out. It is noted that today in the Ukrainian legislation, despite the introduction of annual national plans for state monitoring of residues of veterinary medicinal products and contaminants in live animals and unprocessed foodstuffs of animal origin, there are a number of gaps that require urgent legislative regulation. It was proved that the completion of the reform of the national legislation on residues will contribute to improving safety of domestic foodstuffs, and therefore, will have important positive consequences not only for the development of trade with the EU, but primarily for the food security of Ukraine and the protection of the health of Ukrainian citizens.
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Kulyk, O. I. „LEGAL BASIS OF THE EUROPEAN UNION INFLUENCE ON THE VIRTUAL ASSETS MARKET“. Economics and Law, Nr. 1 (15.04.2021): 71–79. http://dx.doi.org/10.15407/econlaw.2021.01.071.
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The article analyses the legal basis of the European Union (EU) influence on the virtual assets market. It was found that the current EU legislation on the virtual assets is still full of legal gaps and does not ensure proper market regulation because of the early stage of its development. The absence of a unanimous position regarding the virtual assets market regulation forces the EU Member States to apply their own, sometimes contradictory, approaches to market regulation. It disaffirms the basic principles of the European Singe Market functioning, in particular the free movement of goods and services. It was found that according to the current EU legislation, virtual assets may be qualified as payment tokens, investment tokens and utility tokens. Payment tokens may be considered as electronic money or funds. They are covered by the Directive (EU) 2009/110 and the Directive (EU) 2015/2366. For the purposes of anti-money laundering, virtual assets may also be classified as virtual currencies under the Directive (EU) 2018/843. Investment tokens may be qualified as transferable securities or other financial instruments and will therefore fall within the scope of the Directive (EU) 2014/65. Utility tokens are not covered by EU legislation for now. Instead of merely addressing issues and challenges of virtual assets, the European Commission took a broader approach to the future development of the virtual assets market in the EU, and adopted on 24.09.2020 a new Digital Finance Package. At the core of the mentioned Digital Finance Package are the legislative proposals for an EU regulatory framework on virtual assets. This includes the proposal for a Regulation on Markets in Crypto-assets (MiCA) which is designed to provide a comprehensive bespoke regulatory framework for virtual assets in the EU. It was substantiated that MiCA is an ambitious EU legislative project that responds to an urgent policy need. However, further substantial revision of its detailed provisions will be necessary to provide a comprehensive regulatory framework of the EU influence on the virtual assets market.
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Hrynchyshyn, Yaroslav. „Preventive Restructuring as a New Trend of Insolvency Legislation“. Accounting and Finance, Nr. 2(92) (2021): 51–60. http://dx.doi.org/10.33146/2307-9878-2021-2(92)-51-60.
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The need to harmonize corporate insolvency legislation has led to the adoption by the European Union of the relevant regulations – the Recommendation on a New Approach to Business Failure and Insolvency and the Directive 2019/1023 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency). The purpose of the article is to reveal the essence of preventive restructuring, to assess the main differences in the definition of preventive restructuring in accordance with the provisions of the EU Directive and the Code of Ukraine on bankruptcy procedures. In this work, preventive restructuring is considered as the main tool for timely prevention of bankruptcy, the implementation of which in the EU member states has significant differences. An overview of the provisions of EU regulations on preventive restructuring and the process of their implementation in the member states was done. A comparative analysis of the EU directive on the mechanisms of preventive restructuring and certain provisions of the Code of Ukraine on bankruptcy procedures related to reorganization prior to the commencement of bankruptcy proceedings was carried out. It was found that the Code lacks such principles as early appeal, protection of new financing, taking into account the peculiarities of small and medium-sized businesses. Differences in the use of other principles were also identified. Ukrainian legislation encourages debtors to liquidate their business rather than to carry out financial restructuring. Taken into account the European vector of development, today Ukraine has a real chance to improve insolvency legislation based on the provisions of the EU Directive.
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Vlahek, Ana. „Development of Consumer Collective Redress in the EU: a Light at the End of the Tunnel?“ Baltic Yearbook of International Law Online 18, Nr. 1 (13.12.2019): 134–68. http://dx.doi.org/10.1163/22115897_01801_009.
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The development of collective redress in the EU started in the 1980s and first resulted in adoption of legislation on collective injunctive and declaratory relief for the protection of specific interests, in particular consumer interests, and later focused on expanding the rules in other areas of law as well as accompanying them with rules on collective compensatory redress. As in recent years ever more mass harm cases without a proper procedural framework for tackling them have been detected, the EU has intensified its collective redress regulation activities, in particular with a view to safeguarding consumers’ interests. Although collective redress as such is generally perceived as a common feature of modern European judicial systems, the EU institutions have been tackling how best to regulate it in the European legal environment. They have produced a plethora of rather uncontrollable acts with different effects and scope of application that have introduced different and at times ambiguous definitions and concepts without enough valuable interpretation and insight into the reasons behind them. Referring to insufficient ms reaction to the 2013 Recommendation, in 2018 the Commission drafted a new, binding regime for consumer collective redress that may well require prudent ms that have already introduced compensatory collective redress to amend their recently adopted legislation. The paper presents the development of (consumer) collective redress in the EU by analysing four stages of legislative activity at the EU level and the principles and solutions of the relevant acts adopted within them.
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Nasu, Hitoshi. „The Legal Quagmire of Civilian Protection in Peacekeeping under Japan’s New Security Legislation“. Journal of International Peacekeeping 20, Nr. 1-2 (08.12.2016): 37–48. http://dx.doi.org/10.1163/18754112-02001004.
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Japan’s new security legislation, enacted on 30 September 2015 and came into force on 29 March 2016, has expanded the scope in which the Japanese Self-Defence Forces (sdf) personnel can use weapons while engaging in a peacekeeping mission. Among other changes, it authorises the sdf to use weapons in order to protect civilians (civilian protection mandate) or to come to the aid of geographically distant units (“come-to-the-aid” mandate). While this policy itself deserves approbation, its implementation by the sdf in peacekeeping operations under the new security legislation requires careful consideration. This article examines the legal quagmire they will encounter due to the recent jurisprudential development and associated debate regarding the regulation of the use of force in peacekeeping under international law and the circumstances where legal obligations may arise to use force in order to protect civilians. It concludes by suggesting the need for Japan to form its own legal position in relation to each of the debatable legal issues and to develop national rules of engagement for each peacekeeping operation they participate in with a view to effectively communicating its legal position in operational terms to its forces.
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Henttonen, Pekka. „Changing Finnish Archival Legislation: Substantial Changes in the Shadow of EU Regulations“. Atlanti 28, Nr. 2 (12.11.2018): 53–59. http://dx.doi.org/10.33700/2670-451x.28.2.53-59(2018).
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The article discusses development of Finnish Archival Acts (1939, 1981, and 1994) and the forthcoming legislation that is currently being drafted. The acts have traditionally defined the position of the National Archives in the society and given it the power decide about permanent retention and to instruct and guide public records creators. The new legislation will weaken the status of the National Archives essentially. It will also bring terminological confusion and break current appraisal practices. The paper is based on literary sources.
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Pisarczyk, Łukasz. „Influence of EU law on Collective Labour Law in Poland (Institutions at the National Level)“. Studia Iuridica 71 (20.11.2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5827.
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Although the competences of the EU in the field of industrial relations are limited, European standards concerning collective labour law have significantly affected domestic legal systems, including Polish law. EU legislation forced a reconstruction of a model of collective representation of employee interests. Polish law shifted from single- to double-channel representation with trade unions and employee councils (involved in information and consultation procedures). Under the influence of EU law the Polish legislator has established a number of collective procedures aimed at the protection of employee interests (e.g. collective redundancies, transfer of undertaking). As a rule, they reflect basic protective standards determined at the European level. There are, however, some lesser problems that weaken the effect intended by EU legislation. Nonetheless, implementation of European standards has contributed to the development of industrial relations and protection of workers.
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Horodyskyy, Ivan, Andriy Borko und Mariia Sirotkina. „ADAPTATION OF UKRAINIAN CORPORATE LEGISLATION TO EUROPEAN STANDARDS“. Baltic Journal of Economic Studies 7, Nr. 3 (25.06.2021): 56–64. http://dx.doi.org/10.30525/2256-0742/2021-7-3-56-64.
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Defining the European vector of development of Ukraine in the model of international cooperation as a priority involves the use of European standards in the field of law. This is impossible without careful adaptation work to bring the domestic legal system in line with the system that exists in the countries of the European Union. Recent changes in legislation have been long-awaited and have been a breakthrough in the corporate and financial sectors. The authors aim to carry out a comprehensive analysis of Ukrainian corporate law by comparing the political governance of Eastern Europe, economic and political aspects of the current situation, problems of corporate governance and ways to solve them, and the current stages of adaptation of corporate law in its transformation to the EU’s norms. In February 2018, the European Commission proposed to consider 2025 a possible date for the accession of Serbia and Montenegro, which means recognizing these countries as the first league in the Balkans, even in case the EU Council does not approve this date. The second league was set by the Council in June 2018, when 2019 was marked as a possible conditional date for the opening of accession negotiations with Albania and Macedonia. While the third league is for the accession of Bosnia and Kosovo, for which no date has been set. Negotiations with Turkey have been suspended. For comparison, if we take into account both political and economic indicators, Ukraine is approximately equal to the Balkan states of the second league. The prospect of EU membership has been recognized as the strongest external factor in domestic political change in the countries surrounding the EU. In accordance with the requirements of the Association Agreement with the EU on corporate law (EU Directives No. 2001/34/EC, No. 2003/71/EC, No. 2004/109/EC, No. 2007/14/EC, No. 2007/36/EC, No. 2012/30/ ЕС, No. 2013/34/ЕС, Recommendations of the European Commission No. 2005/162/ЕС and No. 2004/913/ЕС) the Law of Ukraine No. 2210-VIII, the Law of Ukraine “On Limited Liability and Additional Liability Companies” dated February 06, 2018 No. 2275-VIII, amendments to the Laws of Ukraine №514-VI, “On Securities and Stock Market”, “On Business Associations”, the Economic Code of Ukraine, the Civil Code of Ukraine, the Criminal Procedural Code of Ukraine and other laws were made and came into force on July 1, 2021 in the Law of Ukraine No. 738-IX. European integration transformation of Ukrainian legislation in the context of protection of shareholders’ rights was manifested through the implementation of Directive 2004/25/EC in the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Doing Business and Attracting Investments by Issuers of Securities” dated March 23, 2017 No. 1983-VIII and the Law of Ukraine No. 514-VI. Ukraine’s economy has not yet recovered from the negative effects of the global financial crisis of 2008, the political coup, the national crisis of 2015, the current crisis caused by the COVID-19 pandemic. This situation shows declining dynamics, and changes in Ukrainian legislation are offset, not showing real effect. The harmonization of Ukrainian legislation is complicated by the unwillingness of Ukraine’s business environment to comply with EU rules. Analyzing the activities of the JSC, the dynamics of the securities market, stock market and the transformation of Ukrainian legislation, the initiatives of certain branches of government, we can say that Ukraine is moving in the right direction but not fast enough and forms a country with a real market economy. Therefore, we can conclude that the adaptation of Ukrainian corporate law to EU legislation should be carried out not only in relation to existing EU directives but in accordance with general trends and prospects for the development of European corporate law.
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Morina, Burim. „ANALYSIS OF STATISTICAL INDICATORS FOR TOURISM DEVELOPMENT IN THE REPUBLIC OF KOSOVO“. Knowledge International Journal 26, Nr. 6 (18.03.2019): 1657–64. http://dx.doi.org/10.35120/kij26061657m.
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The paper analyzes the statistical indicators for the development of tourism in the Republic of Kosovo. The development of tourism in Kosovo has already been completed and approximated to legislation harmonized with that of the EU and responsible institutions have been built for the administration and practical implementation of tourism, both at central and local level.
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Холопова, Елена, und Виталия Масальская. „BIOLOGICAL WEAPONS AS A THREAT TO RUSSIA'S NATIONAL SECURITY“. Rule-of-law state: theory and practice 16, Nr. 2 (01.02.2020): 112–22. http://dx.doi.org/10.33184/pravgos-2020.2.10.
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The urgent task of the Russian Federation at the present stage is to counter the growing threats of using weapons of mass destruction, including biological weapons, in accordance with the “The Fundamentals of the State Policy of the Russian Federation in the Field of Chemical and Biological Security for the Period up to 2025 and beyond”. The adopted “Federal Scientific and Technical Program for the Development of Genetic Technologies for 2019-2027” defines the need to develop an appropriate regulatory framework for ensuring the safe use of genetic engineering methods that allow the creation of a new generation of biological weapons that can be used for various purposes, which is a hidden threat to Russia's national security. Aim: to prove that biological weapons pose a threat to Russia's national security, so it is necessary to develop special areas of protection against their use. Methods: the authors use the analysis of international documents, legislation of the Russian Federation, theoretical provisions on the problems of biological weapons, biotechnologies, including their generalization, comparison, critical assessments of experts. Results: the possibilities of using various types of biological weapons against the Russian Federation created abroad on the basis of the latest achievements in the field of genomics, proteomics, genetic engineering of pathogens, ecopathogens, as well as organic and inorganic chemistry, indicate the need to develop a national targeted program to counter biological weapons in the main priority areas. Strengthening the national security of the Russian Federation is determined by the creation of the latest biotechnologies for countering biological weapons.