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1
Olaniyi, Eunice Omolola. „Towards EU 2020: An Outlook of SECA Regulations Implementation in the BSR“. Baltic Journal of European Studies 7, Nr. 2 (01.10.2017): 182–207. http://dx.doi.org/10.1515/bjes-2017-0016.
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Abstract The clean shipping concept emerged in a bid to make maritime transportation green and environmentally friendly. This mandate is being accomplished through improved conducts, actions and technology in the maritime industry. One of such measures was the creation of the Sulphur Emission Control Areas (SECA) in 2005 and 2012 to reduce the rate of sulphur emissions from shipping. Sustainable growth—an EU 2020 priority—is strategically linked to the SECA regulation in that it promotes resource efficiency, greener environment and a competitive economy. Thus, the International Maritime Organisation (IMO) and, as adopted by the European Parliament (EP), SECA regulation stipulated that from 2015 all ships in SECA are under the obligation to use low sulphur marine fuel that must not exceed 0.1% (IMO, 2011). This regulation has incited rigorous arguments on the economic disadvantage it would subject affected maritime stakeholders who are made to comply with stringent regulation their counterparts in non-SECA are not subjected to. Two years of 0.1% sulphur regulations have witnessed many changes in the maritime industry and most of the first responses were realised with vessels that ply along the Baltic Sea. This work presents an account of European maritime industry’s approaches towards SECA regulations and the stakeholders’ thoughts on the economic impact of SECA. This contribution brings a clearer picture to the status quo as well as highlighting a needed future focus.
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Gruszczyńska, Agnieszka. „O zabijaniu — uśmiercanie zwierząt przeznaczonych do celów gospodarczych w świetle przepisów rozporządzenia Rady WE nr 1099/2009 oraz regulacji krajowych“. Przegląd Prawa i Administracji 108 (26.06.2017): 103–13. http://dx.doi.org/10.19195/0137-1134.108.8.
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ON TAKING LIFE — THE KILLING OF ANIMALS DESTINED FOR COMMERCIAL USE IN THE LIGHT OF THE COUNCIL REGULATION EC NO. 1099/2009 AND DOMESTIC REGULATIONSLegal articles aiming to protect animals from pain and suffering during killing process constitute one of the key areas of humanitarian animal protection regulations. Within the EU law, the Council Regulation EC No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing constitutes the main act regulating this area Official Journal L 303 of 18.11.2009, pp. 1–30. The member countries have pledged to apply the said Regulation as of January 1, 2013. In order to assure its proper implementation it is necessary to introduce the EU regulations into domestic legislature, while simultaneously revoking the overlapping or conflicting domestic regulations. To date 15.12.2018, Poland has failed to fulfil the above obligation, while the application and interpretation of the EU and domestic regulations remain contentious. This results in the need to verify each particular case with regard to the applicable regulations by an entity responsible for commercial animal slaughter or by asupervisory body, which negatively impacts on the animal protection.In March 2016 the Minister of Agriculture and Rural Development presented adraft of an amendment to the Animal Protection Act for public consultation and settlement, whose aim is to implement the above-mentioned regulations. However, the proposed solutions evoke many questions and substantial doubts, while at the same time in the project implementation activities are lacking.The implementation of regulations ensuring proper application of the 1099/2009 Regulation should be considered crucial to guarantee the correct standards of protection of animals at the time of killing.
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Green, James IJ. „The impact of medical device regulation on hospital doctors who prescribe and manufacture custom-made devices“. British Journal of Hospital Medicine 81, Nr. 12 (02.12.2020): 1–6. http://dx.doi.org/10.12968/hmed.2020.0596.
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The 1990s saw the implementation of three European directives that aimed to standardise medical device legislation. EU regulations replace and repeal these directives, to improve the safety, effectiveness and traceability of medical devices. This article discusses the implications of the Regulation (EU) 2017/745 (Medical Device Regulation) for hospital doctors who prescribe and manufacture custom-made medical devices.
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Hossain, Kamrul. „The EU ban on the import of seal products and the WTO regulations: neglected human rights of the Arctic indigenous peoples?“ Polar Record 49, Nr. 2 (28.03.2012): 154–66. http://dx.doi.org/10.1017/s0032247412000174.
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ABSTRACTThe EU ban on the import and commercialising of seals and seal products in the EU market, has attracted intense attention in recent years. As seal products mostly originate from outside the EU, it is argued that the EU action has been discriminatory and hence contrary to the WTO regulations. Canada and Norway have been critical of the EU regulation and have initiated dispute settlement procedures within the WTO since most of the products that enter into the internal market are mainly from these countries. The ban also provoked anger within the Inuit and other indigenous communities, mainly from Canada and Greenland. Although the EU regulation provides an exception for Inuit and indigenous hunts and the subsequent commercialisation of resulting products into the internal market, the exception suffers from clarity and lacks proper implementation procedures. The regulation is predicted to lead to the ultimate disappearance of the seal market in the EU, which directly affects the Inuit and other indigenous peoples engaged in sealing activities. They may lose their means of subsistence. While analysing the critical issues concerning the EU and the WTO regulations and its exceptions, the article focuses on the human rights perspective of the Arctic indigenous peoples affected by the EU ban.
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Rudik, Oleksandr. „Better regulation in the EU and its member states: experience for Ukraine“. Public administration and local government, Nr. 4(43) (25.12.2019): 20–30. http://dx.doi.org/10.33287/101903.
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The article examines the experience of better regulation in the EU and its member states. The European Union and the 28 EU member states show a strong political commitment towards regulatory reform. In the European Union, regulatory policy has progressed under the better regulation agenda and played a crucial role in shaping the current regulatory processes. At the same time, all EU member states have adopted an explicit policy to promote the quality of regulations. To this end, the author analyses the key findings of the Organization for Economic Cooperation and Development (OECD) 2019 report «Better Regulation Practices across the European Union». In the report the OECD has analysed the application of all 28 EU member states’ regulatory management tools to EU-made laws and regulations. The article also gives examples of the best regulatory practices of the EU member states such as Austria, Belgium, Croatia, Germany, Ireland, Italy, Malta, the Netherlands, Slovakia, Sweden, the United Kingdom. The article concludes that the experience of the EU and its member states in developing and implementing a better regulation policy, in particular the better regulation agenda, is beneficial for Ukraine. In this regard, the article highlights the following legislative and institutional components of this experience: stakeholder engagement in the process of policymaking and regulatory policy implementation by automatically publishing of draft regulatory acts and accompanying impact assessments on the specially designed interactive government portal; highlighting the preliminary and final stages of regulatory impact assessment of all regulations, except for deregulatory and low-cost measures, thereby taking into account stakeholder comments; regular and systematic conduct of ex ante and ex-post evaluation of laws and regulations on the basis of a specially developed sound evidence-based methodology; conducting of regulatory impact assessment and stakeholder engagement during the process of EU directives transposition into member states’ national legislation; introduction of systematic regulatory oversight and quality control of regulatory management tools, which should cover not only regulatory impact assessment practice but also stakeholder engagement.
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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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Pędziwiatr, Ewelina. „Contingency theory in the EU projects context“. Zeszyty Naukowe Wyższej Szkoły Humanitas Zarządzanie 19, Nr. 2 (30.06.2018): 171–80. http://dx.doi.org/10.5604/01.3001.0012.2046.
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The article analyzes the possibility of implementation of contingency theory in EU project management. Author presents the evolution of the understanding of contin¬gency theory and how researches defined contingencies described as factorts that influ¬ence the management process. Article presents the specific contingencies for EU projects management in the context of 2014 – 2020 EU budget regulations. Paper discuss the be¬nefits and the barriers of the implementation of the contingency theory in EU projects management.
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Martins, Joana, Diogo Cruz und Vitor Vasconcelos. „The Nagoya Protocol and Its Implications on the EU Atlantic Area Countries“. Journal of Marine Science and Engineering 8, Nr. 2 (03.02.2020): 92. http://dx.doi.org/10.3390/jmse8020092.
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The Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilization came into force in October 2014. In the European Union (EU), new legislation had to be developed in order to apply the mandatory elements of the Protocol, namely, the Regulation (EU) Nº 511/2014 (ABS Regulation) and the Implementing Regulation (EU) 2015/1866, laying down detailed rules for the implementation of Regulation ABS with regard to the register of collection, monitor user compliance, and best practices. As a consequence, EU countries had to develop their own legislation in order to implement the Nagoya Protocol (NP), as well as the EU regulations. One important fact that distinguishes the national legislation of the EU countries is that some countries choose to control access to genetic resources (GR), while others do not apply access measures. The Atlantic Area countries in the EU share an attractive coastline with regard to the potential of their GR. In addition, the microalgae industry has been identified as a business sector with high potential. Therefore, it is important for GR users to be informed about the existing regulations and the national differences that may occur within EU countries. In this article, the origins and main content of the Nagoya Protocol are described, together with their implications at the EU level and particularly in the countries of the Atlantic Area region. As a result, a decision framework is proposed in order to support the GR users among this region.
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Radwanowicz-Wanczewska, Joanna. „Implementation of New EU Directives Coordinating the Procedures for Awarding Public Contracts in European Union Member States: The Example of Poland“. Studies in Logic, Grammar and Rhetoric 65, Nr. 1 (01.12.2020): 133–54. http://dx.doi.org/10.2478/slgr-2020-0052.
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Abstract This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect.
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Zębek, Elżbieta Małgorzata. „Environmental Management of ISO 14001 System Enforcement in EU Countries“. Review of European and Comparative Law 44, Nr. 1 (19.02.2021): 53–80. http://dx.doi.org/10.31743/recl.9958.
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The European Union International Organization for Standardization management system for the environment (ISO 14001) is established by European Commission Regulation 1221/2009. This legislates a voluntary system where organizations can register in a community eco-management and audit scheme. In the literature, this standard is recognized as an instrument of international environmental protection law, introduced by soft law regulations. ISO 14001 has been implemented by many global and European organizations, and it strives to improve the quality of their environmental resources.
It was considered that the ISO 14001 eco-management and audit scheme enforced protection of environment in EU countries by imposing the obligation to implement appropriate legal regulations in this area. This article aims is determine what legal solutions in chosen UE countries enable the effective implementation of ISO 14001 and what positive effects it has on the state of the environment in these countries.
The results demonstrated that the number of certified organizations is increasing despite the many difficulties and costs of implementing and organizing required environmental protection areas. The implementation of ISO 14001 was described using the example of Poland and Italy compared to other EU countries. The uptake identifies improved environmental quality, and this is confirmed by indicators of decreasing gas emissions and increasing waste recycling which improve global air, soil and water quality. The higher implementation index of the ISO 14001 standard in Italy translates into higher environmental quality indicators in this country than in Poland.
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Chugunov, Daniil. „The EU energy law implementation within the Serbin sustainable development policy“. SHS Web of Conferences 94 (2021): 03003. http://dx.doi.org/10.1051/shsconf/20219403003.
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The states implementing the European Union (“EU”) law in the spheres of energy and sustainable development within the frameworks of the Energy Community (“EC”) are faced with a crucial lack of time otherwise needed to harmonise their legislation. Issues surrounding the difficulties of interpreting the provisprovis of various directives, regulations and current implementation practice have proven to be notable barriers. Companies such as Serbian vertically integrated undertaking (“VIU”) Yugorosgas (“YRG”) and transmission system operator (“TSO”) YugorosgasTransport (“YRGT”) are obliged to make changes to local regulations and their organizational structure, from which they are encencencing great difficulties. There are often situations when companies, government agencies and institutions of international organizations hold very different attitudes and stances towards the application of a certain law. These legal deficiencies and inconsistencies in the positions of various parties can lead to disruptions in the activities of the largest energy companies engaged in gas supply and other important functions in the energy sector, as well as to significant economic expenses - Serbian (at least) national sustainable development becomes threatened. At the same time, we recoginize the importance of the law implementation.
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Zasadzień, Michał, und Zofia Nowrot. „Improvement of the Process of Implementation of New Product for European Market - Case Study“. Management Systems in Production Engineering 24, Nr. 4 (01.12.2016): 259–63. http://dx.doi.org/10.2478/mspe-07-04-2016.
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Abstract An inseparable element of intelligent processes is the effective use of knowledge gained from external sources and the ability to change under the influence of external factors. An example of this can be found in the process of introducing a new construction product to the EU market. It has to react to the ever-changing EU legislature and the national regulations that adapt to it. The frequently asked questions from manufacturers and importers indicate the necessity of creating a procedure that would allow for precisely explaining what the algorithm of the process looks like and what criteria must be met to introduce the new product into the construction product market. The complexity and multitude of regulations as well as the language barrier also cause other complications with the understanding of the process procedure of conduct. The graphical presentation of the algorithm should facilitate following the path of conduct in the case of introducing a new construction product into the EU market. The graphical form should allow for intuitive movement in the process and can constitute a basis for creating an interactive form.
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Šiková, Zuzana. „Implementation of Directive 2011/61/Eu of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers Into Czech Legal System“. Financial Law Review, Nr. 21 (1) (2021): 47–61. http://dx.doi.org/10.4467/22996834flr.21.004.13287.
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This contribution deals with the implementation of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 into Czech legal system. The main aim of the contribution is to confirm or disprove the hypothesis that entity in Section 15 of Act no. 240/2013 Coll, on Investment Companies and Investment Funds, as amended, is an alternative fund according to the Directive 2011/61/EU and that Directive 2011/61/EU was not transposed in Czech Republic properly. Author used to confirm or disprove above mentioned hypothesis scientific methods, especially comparison, induction and deduction. This contribution also looks at the Directive 2011/61/EU evaluation of its effectiveness and possible development of regulation in this area.
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Leśkiewicz, Katarzyna. „Wpływ unijnej polityki klimatyczno-energetycznej oraz handlowej na realizację trwale zrównoważonej gospodarki leśnej – aspekty prawne“. Studia Iuridica Lublinensia 29, Nr. 2 (21.06.2020): 69. http://dx.doi.org/10.17951/sil.2020.29.2.69-81.
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<p>The subject of considerations are the legal aspects of the influence of the EU climate and energy framework and trade policy on implementation of permanently sustainable forestry. Even though forestry belongs to the competences of Member States and there is no formal establishment of common forest policy in the TFEU, the new LULUCF Regulation and provisions of regulations regarding prevention of illegal timber trade prove that there is an ongoing process of subjecting forestry to the competencies of the European Union to a growing extent as well as reducing the area left to Member States. It must be stated that the platform for expansion of EU regulations on Member States’ forestry in terms of land use and timber trade – acts adopted within the trade policy and climate and energy framework – is the principle of sustainable development that derives from international legislation and is also included in the Constitution of the Republic of Poland. This principle is also the foundation for development of the beginnings of common forest policy that emerges at the verge of EU policies.</p>
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Davydenko, Hanna. „Influence of integration processes on harmonization of Ukraine and EU standards“. Herald of Ternopil National Economic University, Nr. 3(93) (07.07.2019): 62–73. http://dx.doi.org/10.35774/visnyk2019.03.062.
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Introduction. Following the signing of the Association Agreement between Ukraine and the EU, Ukraine faces the problem in trade with the EU, as it was expected that the main obstacle would be non-tariff restrictions. The lifting of tariff barriers for domestic producers should help to increase exports to EU countries, but unfortunately for most manufacturers in almost all fields of activity this proved to be an unachievable goal, as the Ukrainian producer immediately faced the problem of non-conformity of the goods with various diversified technical regulations in the EU. Thus, the purpose of the work was to study the importance of maintaining the competitiveness of domestic producers in international markets, namely the interaction of public administration and market self-regulation at national, regional and sectoral levels. As the Agreement on Conformity Assessment and Adoption of Standards is important for Ukrainian manufacturers, new Laws of Ukraine «On Standardization», «On Metrology and Metrological Activity» and «On Technical Regulations and Conformity Assessment» were adopted. Development Strategy system of technical regulation was approved for the purpose of their implementation, and more than 80 regulatory acts have been developed and adopted. The purpose of the article is to look for mechanisms of public administration to implement the standards of the European Union, as well as to harmonize and adapt Ukrainian legislation to EU quality policy. Methods of research. Using theoretical and methodological provisions, priority directions of implementation and harmonization of European standards for Ukraine are considered: standardization and certification of products, as well as directions of development of the mechanism of state regulation of activation of the import potential of domestic enterprises. In addition, the HACCP Food Standards Systems were considered. The following standards are currently recognized: BRC Technical Standard, Dutch HACCP Standard, International Standard for Auditing Food Suppliers, International Food Standard (IFS), SQF 2000 Standard for Food Safety and Quality. Results. It can be argued that standards to which some Ukrainian exporters are currently not adapted are becoming a major obstacle to trade liberalization with the EU. And despite the fact that the Laws of Ukraine «On Standardization», «On Metrology and Metrological Activity» and «On Technical Regulations and Conformity Assessment», important for Ukrainian manufacturers, were adopted. The Strategy of development of the technical regulation system was approved for the purpose of the laws implementation together with other developed 80 regulatory acts. The issue of further harmonization is extremely important and urgent as it will allow domestic producers to sell their products covered by the Agreement on the EU market without additional conformity assessment procedures. Discussion. Further studies should address the development of public administration mechanisms and the problems of implementing European standards in the Ukrainian economy, and ensure the development of a significant number of Ukrainian economic sectors. And, most importantly, the effective development of the social infrastructure of the village should be ensured and the foundation for the proper economic level of its inhabitants should be created.
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Sarfo-Adu, Gordon Kofi. „Navigating Through the Maze: Practical Constraints in the Implementation of Forest Regulations (FLEGT) in Ghana“. Environmental Management and Sustainable Development 10, Nr. 2 (25.02.2021): 31. http://dx.doi.org/10.5296/emsd.v10i2.18360.
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The European Union Forest Law Enforcement on Governance and Trade (EU-FLEGT) Action Plan seeks to promote widespread sustainable forest management and relies largely on transnational actors and international law in its operationalization. The EU FLEGT sets out EU custom regulation through Voluntary Partnership Agreements (VPAs) which is a bilateral agreement between the EU and wood exporting countries with instruments aimed at promoting sustainable practices within the forest resources value chain. Ghana became a signatory to the FLEGT VPA since 2007, as part of the process, it is required to use technology to track timber logging from source to point of export. Issues of networks and inter-agency collaboration and dealing with human elements remain crucial in ensuring effective operationalization. Adopting a qualitative case study design as well as theories and concepts from the public policy implementation literature, this study examines the implementation vagaries of the FLEGT VPA in Ghana. Although the VPA is a laudable idea of using Information Technology (IT) in effectively tracking timber to its original source to ascertain legality or otherwise of the timber, the needed IT infrastructure and resources have not matched up with the goal. Additionally, the VPA implementation is expensive and has come with additional cost to the implementers, The study further observes that the increasing ‘red flags’ that are raised on the Ghana Wood Tracking System is a blend of technical errors emanating from negligence or capacity challenges and human manipulation. This calls for regular consultations and workshops with relevant stakeholders in order to assess which skills are deficient and a need to beef up through on-the-job training. The domestic market and trading activities tend to fuel demand for illegal timber hence a constraint to the full realization of the VPA objective. The study makes policy suggestions on how to address these implementation challenges.
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Green, James I. J. „Medical Device Regulation: Requirements for Dental Professionals Who Prescribe and Manufacture Custom-Made Devices“. Primary Dental Journal 10, Nr. 1 (März 2021): 64–88. http://dx.doi.org/10.1177/2050168420980980.
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A custom-made device (CMD) is a medical device intended for the sole use of a particular patient. In a dental setting, CMDs include prosthodontic devices, orthodontic appliances, bruxism splints, speech prostheses and devices for the treatment of obstructive sleep apnoea, trauma prevention and orthognathic surgery facilitation (arch bars and interocclusal wafers). Since 1993, the production and provision of CMDs have been subject to European Union (EU) Directive 93/42/EEC (Medical Device Directive, MDD) given effect in the UK by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618), and its subsequent amendments. Regulation (EU) 2017/745 (Medical Device Regulation, EU MDR) replaces the MDD and the other EU Directive pertaining to Medical Devices, Council Directive 90/385/EEC (Active Implantable Medical Device Directive, AIMDD). The EU MDR was published on 5 April 2017, came into force on 25 May 2017 and, following a three-year transition period was due to be fully implemented and repeal the MDD on 26 May 2020, but was deferred until 26 May 2021 due to the coronavirus disease 2019 (COVID-19) pandemic. In the UK, in preparation for the country’s planned departure from the EU, the EU MDR, with necessary amendments, was transposed into UK law (Medical Devices (Amendment etc.) (EU Exit) Regulations 2019, UK MDR). The UK left the Union on 31 January 2020 and entered a transition period that ended on 31 December 2020, meaning that, from 1 January 2021, dental professionals in Great Britain who prescribe and manufacture CMDs are mandated to do so in accordance with the new legislation while Northern Ireland remains in line with the EU legislation and implementation date. This paper sets out the requirements that relate to the production and provision of CMDs in a UK dental setting.
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Loose, Reinhard, Michael Wucherer, Michael Walz und Ralf Adamus. „The new radiation protection framework since 2019 – Implementation in Germany and comparison of some aspects in seven European countries“. RöFo - Fortschritte auf dem Gebiet der Röntgenstrahlen und der bildgebenden Verfahren 192, Nr. 11 (14.04.2020): 1036–45. http://dx.doi.org/10.1055/a-1137-0096.
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Purpose The implementation of EU Directive 2013/59 EURATOM (EU-BSS) of 2014 led to a reorganization of radiation protection legislation in Germany in the form of a new radiation protection law Strahlenschutzgesetz (StrlSchG) of 2017 and a new radiation protection ordinance Strahlenschutzverordnung (StrlSchV) of 2018. For application of ionizing radiation in medicine these changes affect radiology, nuclear medicine and radiotherapy. A comparison between the old and the new legal system analyses changes that are relevant for diagnostic and interventional radiology. For the important new regulation of unintended exposures, a comparison is made with the implementation of Art. 63 EU-BSS in 7 European countries. Material and methods The provisions of the Röntgenverordnung (RöV) and the old Strahlenschutzverordnung (StrlSchV alt), which were valid until 2018, are compared with the new legislation of StrlSchG and StrlSchV for changes in radiation protection for patients, the population and occupational radiation protection of staff members. The occupational dose limit of the eye lens was reduced. The reduction by a factor of 7.5 results in new requirements for radiation protection equipment. New requirements in teleradiology are compared with the previous regulation, as well as the necessary involvement of medical physics experts (MPE) in high dose procedures, such as CT and fluoroscopic interventions. The regulation for unintended exposures of the German StrlSchV are analyzed in terms of their reporting criteria. Results The principles of medical radiation protection in Germany have not changed as a result of the new radiation protection legislation from 2019 onwards. However, there are a number of changes and new requirements that must be considered and implemented. Important points are e. g. new regulations on teleradiology, early detection of diseases in asymptomatic individuals and reporting of unintended exposure of patients. As all new regulations are no longer found in only one single regulation, both knowledge of the StrlSchG and the StrlSchV are necessary. Key points: Citation Format
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Rogalska, Beata. „Prompt implementation of the right to deduct input tax in light of EU regulations“. Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych 3, Nr. 283 (31.03.2020): 9–15. http://dx.doi.org/10.5604/01.3001.0014.0630.
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In a situation where the taxpayer [resp. person taxable] holds an invoice prior to submittal of the return/statement for the settlement period in which the tax obligation occurred on the part of the contracting party, the term laid down in Article 178 (a) of Directive 112 has been met. Whilst the holding of an invoice is the only formal requirement, the notion of ‘holding’ ought to be interpreted in a manner compliant with its colloquial understanding. In turn, ‘holding’ is not equal in meaning to ‘receiving’/‘receipt’. In the event that an economic event has occurred and the taxpayer is capable of giving evidence for it, as he holds the invoice at the moment the tax settlement is made in the return/ statement, there are no grounds that would be legitimate under the EU laws for arguing that the taxpayer must shift his vested right to have the input tax deducted to the subsequent month, being the months in which he receives the invoice. The rule of prompt implementation of the right to deduct input tax should be taken into account. If the national regulations provide for shifting the above-specified moment through formulating any additional conditions are contrary to Directive 112. It is therefore apparent that Article 86, clause 10 (b), item 1 of the Polish Value-Added-Tax Act of 11th March 2004 is not in agreement with Article 178 (s) of Directive 112 as the former sets forth a condition that is not provided in the said EU regulation–namely, the right to have the output tax reduced by the input tax only as part of the settlement for the month in which the taxpayer receives the invoice.
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Nerudová, Danuše. „Societas Europaea – tax and legal aspects“. Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 53, Nr. 6 (2005): 119–28. http://dx.doi.org/10.11118/actaun200553060119.
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The paper deals with the introduction of the new EU legal form of corporation – Societas Europaea (SE) and its tax and legal aspects. It identifies the basic legal regulations and possible ways of SE establishment. The paper tries to analyse all the changes of the directives in the area of taxation connected with SE implementation. It points out that even though the SE means the simplification in the area of company law, the problems connected with taxation still continue, because of the lack of common regulation and correct implementation. As a result in the area of taxation SE is facing the same problems as any other company. The paper further discusses the possible solutions and suggests that common consolidated tax base for the SE could increase not only the effectiveness and competitiveness of the companies themselves but also of the EU in worldwide.
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Sprycha, Andrzej. „Processing Personal Data by the Police in the Light of Changes in EU Law“. Internal Security 9, Nr. 2 (09.07.2018): 229–37. http://dx.doi.org/10.5604/01.3001.0012.1715.
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In implementing their statutory tasks the Police can acquire a whole range of personal information, including sensitive data. This usually has a direct relation with combating crime. Therefore, such powers might be implemented without the knowledge and consent of persons to whom the information (data) concerns. Because police activities cause serious and profound intrusion into the sphere of a person’s private life, whose protection is guaranteed by the Constitution, they must be carried out within the limits strictly permitted by law. When discussing national regulations in force which control the issue of personal data protection, one must also take into consideration EU regulations. First of all the European Parliament and Council Regulation (EU) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and the European Parliament and Council Directive (EU) 2016/680 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data. This directive, commonly known as the police directive, constitutes regulations on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection and prosecution of criminal offences and execution of penalties. The national legislator faces a difficult task of implementation of the above-mentioned European legal acts, all the more so because the choice of particular solutions, to be adopted in their transposition to the legislative and implementing provisions, still remains an open issue. The adopted solutions ought to, on the one hand, ensure coherence with national regulations that implement them, on the other hand, they ought to cause the appropriate adjustment of the Polish law regulations to their requirements. The article presents the normative contents and remarks regarding appropriate, consistent with EU law processing of personal data by the Police.
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Joamets, Kristi, und Muy Seo ngouv. „A Child’s Right to Be Heard and Be Represented in the Criminal Procedure: A Comparative Analysis of Estonian and Cambodian Law to CRC“. Baltic Journal of European Studies 9, Nr. 4 (01.12.2019): 127–49. http://dx.doi.org/10.1515/bjes-2019-0040.
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Abstract This paper analyses the legal and practical implementation of the right to be heard and be represented of children in criminal proceedings, both in the framework of the United Nations Convention on the Rights of the Child (CRC) and in the context of Estonian and Cambodian legal systems. Estonia has been chosen as a model state of EU by which also the EU principles are reflected. Particularly, this paper provides a comparative analysis of the implementation of a child’s right to be heard and be represented in Estonia and Cambodia by examining the legal standards concerning children’s right to be heard and be represented enshrined under the CRC together with the regulations and policies of each respective country, and, to a smaller extent, how the principles of the CRC are reflected in EU law and policies. Examples of actual practices in Estonia and Cambodia are discussed to understand whether both countries are compliant with the principles of the CRC. This paper suggests that Estonia and Cambodia both acknowledge their human rights obligations regarding children’s rights, and their legal regulations and policies are in accordance with the CRC principles. However, there remain gaps in the implementation of these policies and regulations in both countries. This view is justified by the analysis of the performance of judicial professionals, including judicial police, lawyers, prosecutors and judges. While critically analyzing the challenges, this article also suggests changes to address the problem.
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Ranchordas, Sofia. „Experimental Regulations for AI: Sandboxes for Morals and Mores“. Morals & Machines 1, Nr. 1 (2021): 86–100. http://dx.doi.org/10.5771/2747-5174-2021-1-86.
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Recent EU legislative and policy initiatives aim to offer flexible, innovation-friendly, and future-proof regulatory frameworks. Key examples are the EU Coordinated Plan on AI and the recently published EU AI Regulation Proposal which refer to the importance of experimenting with regulatory sandboxes so as to balance innovation in AI against its potential risks. Originally developed in the Fintech sector, regulatory sandboxes create a test bed for a selected number of innovative projects, by waiving otherwise applicable rules, guiding compliance, or customizing enforcement. Despite the burgeoning literature on regulatory sandboxes and the regulation of AI, the legal, methodological, and ethical challenges of these anticipatory or, at times, adaptive regulatory frameworks have remained understudied. This exploratory article delves into the some of the benefits and intricacies of allowing for experimental instruments in the context of the regulation of AI. This article’s contribution is twofold: first, it contextualizes the adoption of regulatory sandboxes in the broader discussion on experimental approaches to regulation; second, it offers a reflection on the steps ahead for the design and implementation of AI regulatory sandboxes.
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Ranchordas, Sofia. „Experimental Regulations for AI: Sandboxes for Morals and Mores“. Morals & Machines 1, Nr. 1 (2021): 88–102. http://dx.doi.org/10.5771/2747-5174-2021-1-88.
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Recent EU legislative and policy initiatives aim to offer flexible, innovation-friendly, and future-proof regulatory frameworks. Key examples are the EU Coordinated Plan on AI and the recently published EU AI Regulation Proposal which refer to the importance of experimenting with regulatory sandboxes so as to balance innovation in AI against its potential risks. Originally developed in the Fintech sector, regulatory sandboxes create a test bed for a selected number of innovative projects, by waiving otherwise applicable rules, guiding compliance, or customizing enforcement. Despite the burgeoning literature on regulatory sandboxes and the regulation of AI, the legal, methodological, and ethical challenges of these anticipatory or, at times, adaptive regulatory frameworks have remained understudied. This exploratory article delves into the some of the benefits and intricacies of allowing for experimental instruments in the context of the regulation of AI. This article’s contribution is twofold: first, it contextualizes the adoption of regulatory sandboxes in the broader discussion on experimental approaches to regulation; second, it offers a reflection on the steps ahead for the design and implementation of AI regulatory sandboxes.
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Ranchordas, Sofia. „Experimental Regulations for AI: Sandboxes for Morals and Mores“. Morals & Machines 1, Nr. 1 (2021): 86–100. http://dx.doi.org/10.5771/2747-5182-2021-1-86.
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Recent EU legislative and policy initiatives aim to offer flexible, innovation-friendly, and future-proof regulatory frameworks. Key examples are the EU Coordinated Plan on AI and the recently published EU AI Regulation Proposal which refer to the importance of experimenting with regulatory sandboxes so as to balance innovation in AI against its potential risks. Originally developed in the Fintech sector, regulatory sandboxes create a test bed for a selected number of innovative projects, by waiving otherwise applicable rules, guiding compliance, or customizing enforcement. Despite the burgeoning literature on regulatory sandboxes and the regulation of AI, the legal, methodological, and ethical challenges of these anticipatory or, at times, adaptive regulatory frameworks have remained understudied. This exploratory article delves into the some of the benefits and intricacies of allowing for experimental instruments in the context of the regulation of AI. This article’s contribution is twofold: first, it contextualizes the adoption of regulatory sandboxes in the broader discussion on experimental approaches to regulation; second, it offers a reflection on the steps ahead for the design and implementation of AI regulatory sandboxes.
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Ranchordas, Sofia. „Experimental Regulations for AI: Sandboxes for Morals and Mores“. Morals & Machines 1, Nr. 1 (2021): 88–102. http://dx.doi.org/10.5771/2747-5182-2021-1-88.
Der volle Inhalt der QuelleAnnotation:
Recent EU legislative and policy initiatives aim to offer flexible, innovation-friendly, and future-proof regulatory frameworks. Key examples are the EU Coordinated Plan on AI and the recently published EU AI Regulation Proposal which refer to the importance of experimenting with regulatory sandboxes so as to balance innovation in AI against its potential risks. Originally developed in the Fintech sector, regulatory sandboxes create a test bed for a selected number of innovative projects, by waiving otherwise applicable rules, guiding compliance, or customizing enforcement. Despite the burgeoning literature on regulatory sandboxes and the regulation of AI, the legal, methodological, and ethical challenges of these anticipatory or, at times, adaptive regulatory frameworks have remained understudied. This exploratory article delves into the some of the benefits and intricacies of allowing for experimental instruments in the context of the regulation of AI. This article’s contribution is twofold: first, it contextualizes the adoption of regulatory sandboxes in the broader discussion on experimental approaches to regulation; second, it offers a reflection on the steps ahead for the design and implementation of AI regulatory sandboxes.
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Meads, Richard, und Lorenzo Allio. „A “Win-Win-Win” Scenario – Reaping the Benefits of an EU Law on Administrative Procedure“. European Journal of Risk Regulation 5, Nr. 1 (März 2014): 87–92. http://dx.doi.org/10.1017/s1867299x00003007.
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A Law on Administrative Procedure (LAP) is an essential institutional feature of democratic and effective governments. It is a general law on executive law-making, setting out how laws and regulations should be made. The need for a LAP at EU-level is growing – to counter the EU's legitimacy deficit and to make the regulatory process more predictable and robust. At the same time, the EU regulatory “machine” faces new challenges and pressures, as it seeks to implement highly complex (risk management) regulation. Greater regulatory effectiveness depends on more transparency, evidence quality standards and participation. As such, an EU LAP appears to be the natural culmination of the EU Smart Regulation agenda. Since the European Parliament in 2013 called for the Commission to adopt a LAP-related legislative proposal, the debate has gained in visibility and political salience. This article makes the case for an EU LAP for the EU institutions, citizens and businesses – provided the Law enshrines the four key principles of good administration (transparency and consistency; public participation; public record; and accountability); it establishes clear and legally binding procedural standards; and it covers as a principle also rule-making and adjudication decisions by all EU institutions and bodies involved in the preparation, adoption, implementation and repeal of secondary legislation.
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Ostojic-Andric, D., S. Aleksic, S. Hristov, Z. Novakovic, M. M. Petrovic, D. Niksic und N. Stanisic. „Serbia in the implementation of SEUROP standard for beef carcass classification: Legislation, parametars and evaluation criteria: Part A“. Biotehnologija u stocarstvu 28, Nr. 1 (2012): 47–58. http://dx.doi.org/10.2298/bah1201047o.
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Agriculture of the Republic of Serbia is going through significant reforms in legislation and agricultural policy, during this EU preaccession period, in order to comply to one of the most important EU policies - Common Agricultural Policy (CAP). The potential and tradition of Serbia in production of beef, on one hand and EU market needs on the other, impose the need for timely preparations from the legislative and technological aspect and human resources. Present study gives the review of major legislative regulations and main parameters of SEUROP beef classification system in sense of definition, presentation and categorization of carcass, as well as criteria in conformation evaluation and fat cover of the carcass.
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McHale, Jean V. „Health law, Brexit and medical devices: A question of legal regulation and patient safety“. Medical Law International 18, Nr. 2-3 (Juni 2018): 195–215. http://dx.doi.org/10.1177/0968533218807255.
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Brexit is already posing many major challenges for those concerned with health and social care. This article explores one area, that of the regulation of medical devices which has been fundamentally underpinned by EU law and asks what Brexit means for future regulation in the United Kingdom. This article begins by outlining the importance of ensuring standards of quality and safety for medical devices and the consequences if things go wrong. The second section of the article outlines the current EU regulation of medical devices. It explores questions such as the role of the notified bodies, the problems of lack of central regulation and the role of vigilance processes. The third section explores the options for medical device regulation post Brexit in the light of the ongoing reform of the law in this area and the implementation of new EU Regulations. It considers the prospects for reciprocity and for alignment in the future. The article concludes by arguing that, while the new system for regulation of medical devices in the EU is not perfect, it nonetheless provides an important opportunity for restructuring device regulation and providing greater opportunities for facilitating safety. It is important to ensure that, as far as possible, we do not lose such an opportunity at domestic level post Brexit.
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Živojinović, Sonja. „Preparation of Serbia for implementation of Chapter 22 in the field of regional policy“. Ekonomski signali 15, Nr. 2 (2020): 131–43. http://dx.doi.org/10.5937/ekonsig2002131q.
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Regional policy is the EU's main instrument for investing in sustainable and inclusive economic growth. Member States are responsible for its implementation, which requires adequate administrative capacity and sound financial management. When Serbia becomes a member of the EU, it will have at its disposal many times more funds from the EU structural funds than the ones it currently receives, and for the use of which it must prepare before joining the Union. Member States must respect EU law when selecting and implementing projects, in areas related to regional policy and Structural Instruments. Member States must also establish the institutional framework, organizational arrangements and necessary organizational arrangements to prepare supporting documents. This implies the establishment of all structures at the national and regional level required by EU regulations and standards. This Chapter 22 has a double meaning: it is important in itself, because through the negotiations on this Chapter it must be proven that we are in the mood to establish good and sufficient capacities for the use of EU Cohesion Policy. At the same time, Serbia is thus preparing to be an equal participant in the Union's Cohesion Policy, as well as all other member states.
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Popescu, Felix-Angel. „LEGAL REGULATIONS REGARDING THE IMPACT EVALUATION METHODOLOGY OF STRUCTURAL AND COHESION FUNDS“. Agora International Journal of Juridical Sciences 13, Nr. 2 (21.01.2020): 89–94. http://dx.doi.org/10.15837/aijjs.v13i2.3804.
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Establishing a legislative framework for addressing an appropriate methodology for assessing the impact of Structural and Cohesion funds, in all 3 evaluation phases (ex-ante, intermediate and ex-post), is necessary both for users of these funds (the resort ministry, the intermediary bodies, the final beneficiaries – from an EU Member State) as well as for researchers on this topic. The stage of the knowledge in the field of the impact of these funds on each EU Member State economy narrows when the effects of the implementation of projects at regional, county and urban - rural level are discussed.
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Aras Kramar, Slađana. „Nasljednopravna stvar s prekograničnim elementom i nadležnost u okviru Uredbe (EU) br. 650/2012 o nasljeđivanju“. Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, Nr. 1 (2020): 89–108. http://dx.doi.org/10.30925/zpfsr.41.1.4.
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After four years since Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of successions and on the creation of a European Certificate of Succession has been implemented, in the paper certain theoretical, as well as implementationpractical issues will be analysed and discussed, based on the results of an empirical study on the implementation of the Regulation in Croatia and Slovenia during May – September 2019. The aim of the research is to detect and analyse the deficiencies of the existing normative regulation and problems in the implementation of the Regulation through the analysis of the normative framework of the Regulation, as well as European and national, Croatian and Slovenian implementing regulations and the experience of three groups of Croatian and Slovenian practitioners (judges, notaries, attorneys-at-law). After introductory remarks on the subject matter and methodology of the research, in the paper the succession matter with a cross-border element, the material scope of the Regulation and its relation to other European regulations are determined. Then follows the part of the paper on the principle of the unity of the estate, in which certain issues with situations of the existence of property constituting the estate in third states are discussed, especially in neighbouring post-Yugoslav states. Within the fourth part of the paper on the jurisdiction, the issues of determining the habitual residence in practice, the challenges faced by the competent authorities in determining jurisdiction based on that link are analysed and discussed, as well as specific issues with the agreement on the choice-of-court. Challenging situations of double lis pendens in Member States are also discussed, as a consequence of the duty of a competent authority in some Member States, such as Croatia and Slovenia, to initiate succession proceedings ex officio if immovable property is located in its territory. The final part of the paper contains a summary synthesis of the main research results, as well as some reflections on the coherent implementation of the Regulation in Croatia and Slovenia, and consequently in other Member States.
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Gaveika, Artūrs. „SCHENGEN ACQUIS AND ITS IMPLEMENTATION IN LATVIA“. BORDER SECURITY AND MANAGEMENT 3, Nr. 8 (20.10.2020): 100–112. http://dx.doi.org/10.17770/bsm.v3i8.5363.
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Latvia joined the Schengen area in 2007 and has already passed three Schengen evaluations. The novelty of the article is aimed at analysis of Schengen Acquis implementation in Latvia and offer suggestions on its further implementation development. The aim of the study is to develop and propose suggestions on Schengen Acquis content improvement and its judicial systematisation development. The research tasks are to investigate the current EU and national normative regulations, legal practices, the conclusions of Latvian and foreign law researchers by using analytical, historical and comparative methods. The improvement of the national normative regulation was started long before Latvia's accession to the Schengen area. The further development of the Schengen acquis is important from the point of view of the right to free movement of persons and from the point of view of ensuring public security in the face of today's challenges related to terrorism, international crime, uncontrolled migration and the spread of disease. The main achievement of the research is that the author has defined the main areas of Schengen Acquis development.
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Gaveika, Artūrs. „SCHENGEN ACQUIS AND ITS IMPLEMENTATION IN LATVIA“. BORDER SECURITY AND MANAGEMENT 3, Nr. 8 (20.10.2020): 100–112. http://dx.doi.org/10.17770/bsm.v3i8.5363.
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Latvia joined the Schengen area in 2007 and has already passed three Schengen evaluations. The novelty of the article is aimed at analysis of Schengen Acquis implementation in Latvia and offer suggestions on its further implementation development. The aim of the study is to develop and propose suggestions on Schengen Acquis content improvement and its judicial systematisation development. The research tasks are to investigate the current EU and national normative regulations, legal practices, the conclusions of Latvian and foreign law researchers by using analytical, historical and comparative methods. The improvement of the national normative regulation was started long before Latvia's accession to the Schengen area. The further development of the Schengen acquis is important from the point of view of the right to free movement of persons and from the point of view of ensuring public security in the face of today's challenges related to terrorism, international crime, uncontrolled migration and the spread of disease. The main achievement of the research is that the author has defined the main areas of Schengen Acquis development.
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Dolgen, D. „Legal aspects of sea water quality: Turkish and EU directives“. Water Science and Technology 51, Nr. 11 (01.06.2005): 45–52. http://dx.doi.org/10.2166/wst.2005.0389.
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This paper primarily addresses underlying laws and regulations related to protection of the coastal environment and examines their implementation. In this context, Directive 76/160/EEC which is the leading directive on the quality of bathing water and its revision, i.e. Commission Proposal COM (2000) 860 Final, is investigated particularly and criticized on technical and scientific manner; and similar and dissimilar issues between the Community Directives and Turkish Laws are evaluated. The conducted study reveals that although the Turkish legislation in the field of water quality is largely in line with the acquis, further efforts are also needed with respect to implementation in order to achieve full harmonization.
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Cave, Emma. „EU Clinical Trials Regulation 2014: Fetter or facilitator?“ Medical Law International 18, Nr. 2-3 (Juni 2018): 179–94. http://dx.doi.org/10.1177/0968533218799535.
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European Union (EU) Clinical Trials Regulation 536/2014, expected to come into force in 2019, provides for a streamlined single EU application for cross-border clinical trials and enhanced transparency of results. The status of the Regulation in post-Brexit UK is uncertain. Matters of regulatory alignment will be covered by agreements on the future EU-UK relationship. In the short term, implementation of the Regulation in the United Kingdom depends on the Brexit model and timing of the Regulation’s implementation. The EU (Withdrawal) Act will convert EU law into UK law, including the vast array of EU life sciences regulation. However, the Regulation is likely to be implemented after the United Kingdom leaves the EU, but within the transition period. If the United Kingdom is not part of the legal framework governing clinical trials in the EU, then the United Kingdom will still need to comply with the global framework set out in the International Council on Harmonisation if it wants to be part of trials of medicinal products for which marketing authorization will be sought for licensing in the European Economic Area. This article extols the virtues of harmonization with the EU and attempts to counter some of the media focus on the advantages of a deregulated bespoke approach.
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Kormányos, Szilvia. „Hungary’s correspondence with the EU regulations regarding liquid bio fuels“. Acta Agraria Debreceniensis, Nr. 29 (28.07.2008): 119–28. http://dx.doi.org/10.34101/actaagrar/29/2976.
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During the recent years researchers from different countries have found that our environment is at risk. It has been recognised by the leaders of the member countries and they have made decisions together concerning environmental protection in several agreements, contracts. Unfortunately, these decisions have been weakened and adumbrated on numerous occasions by certain interests.However, the energetic exploitation of the biomass has been supported by the economic and social changes of the previous years, more specifically, that of the bio fuels. The significant increase in the price of the traditional energy sources, the import dependency of the countries, the foreseeable exhaustion of the resources, the changes occurred due to joining the EU are all such problems that facilitates the application of bio fuels, as a good solution.Our country decided to modify the then existed bio fuel component rate of 2% to 5.75% which has to be achieved by 2010. Since then, in March 2007 it has been expanded to 10% until 2020 (concerning energy content). This decision was taken knowing that this year (2006) the bio fuel rate has been 0.5%. However, the rate of 2% has not been achieved even in the EU. One can understand that the implementation cannot be fulfilled without significant political decisions and support. The main reason for this is that the price of bio fuels is not competitive with the present fossil-origin energy prices in Hungary. So in 2007 several regulations were modified. The most important one is perhaps the regulation of the revenue tax, which caused the successful tax-differentiation concerning bio fuels in more member states between 2007 and 2008. Its essence is that the revenue tax is not decreased, but if the fuel does not contain a bio fuel component of 4.4 bulking percentage per litre, „punishment” tax has to be paid. Moreover, on behalf of the implementation, regulations concerning bio fuels and bio fuel components are improvingAt present the production and the application of bio fuels without any support are not economical yet. That is why it is important to emphasize the support policy of our country. After joining the Union, the new members can receive some shares from the direct disbursements, but only a tan increasing rate, we can achieve the 100% in 2013, though there is an opportunity for national contribution. Energy plants produced in agriculture receive separate supplementary support which is an advantageous opportunity for the farmers of the sector. Bio fuels cannot only be supported through agriculture, of course, but by research development, investment etc.All in all, it can be concluded that Hungary seeks to fulfil the EU responsibilities taken and by this, to contribute to the maintenance of the sustainable progress, decrease of environmental pollution and the import dependency of energy sources.
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Jaromir Siroky, Katarina Magdechova, Petr Nachtigall, Stephan Schroder und Pavlina Siroka. „Implementation System of Technical Specification for Interoperability for the Rolling Stocks“. Communications - Scientific letters of the University of Zilina 22, Nr. 3 (08.07.2020): 59–67. http://dx.doi.org/10.26552/com.c.2020.3.59-67.
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In the paper, the present state of scientific knowledge in authorising the types of railway vehicles in Slovakia and abroad is analysed by the authors. The aim of the authorisation of the types of railway vehicles is to take into account the interests of the whole society in the field of transport in the manufacturing of these vehicles or their import from abroad. These interests mainly include a greater security of transport, as well as a greater quality, reliability and lifespan of railway vehicles. The authors also analyse the Commission Recommendation 2014/897/EU of 5 December 2014 on matters related to the placing in service and use of structural subsystems and vehicles under Directives 2008/57/EC and 2004/49/EC of the European Parliament and of the Council, which should contain instructions related to the matters in question. At the same time, it is necessary to take into account Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union, and Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on the railway safety. In addition to ensuring the applicability of interoperability regulations (new directives, regulations, decisions, recommendations, etc.), the aim of this paper is to present a methodology of authorising the types of railway vehicles and a software model (SW) of authorising the types of railway vehicles, with European legislation as a possible tool to speed up and simplify the entire process. The paper is concluded by three types of authorisation processes for different railway vehicles and their accessories, comparing the length and complexity of processing using the standard authorisation process and using the SW tool proposed.
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Witkowska, Marta. „Przezwyciężanie kryzysu w procesie integracji europejskiej poprzez zmiany regulacji dotyczących udziału obywateli UE w podejmowaniu i realizacji decyzji“. Przegląd Europejski, Nr. 1-2015 (28.06.2015): 64–95. http://dx.doi.org/10.31338/1641-2478pe.1.15.3.
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The main purpose of this paper is to analyse the impact of citizen participation-enabling mechanisms in the EU decision-making process on the legitimacy of the Union. The inquiry measures and categorises participation in the EU, utilising the analytic instruments developed in existing theoretical approaches. The research problem is the evaluation of conditions created in the EU for active participation in the public life for their potential of overcoming the crisis in the European integration process. The aim of the study has been accomplished in two stages. First, the legislative process in the EU has been presented, with law-making and implementation phases distinguished. Second, the different kinds of participation in the EU have been categorised and their intensity described. The categorisation is adapted from the distinction made by W. Tegtmeier. The author is testing the hypothesis that the multitude of modes of engaging citizens in the decision making process in the EU confirms the Union’s legitimacy. She concludes that citizen participation in the decision-making at the EU level could potentially positively contribute to the process of overcoming the crisis of democracy in the EU.
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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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KORNIEVSKYI, Serhii. „Historical Retrospective of the Formation of European Regional Development Policy“. Public administration and local government 47, Nr. 4 (20.12.2020): 23–32. http://dx.doi.org/10.33287/102064.
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The article notes that in EU countries, regional development, especially policies and regulations of regional development, has been constantly evolving and adapting to meet the needs of structural changes in countries, EU policies and the requirements of the regions themselves. However, the experience of forming and implementing regional policy in different countries had some differences. There is a significant amount of work devoted to the study of this experience, highlighting certain historical periods of its formation. Nevertheless, in the vast majority of scientific research the periodization is based on either economic factors (policy transformation associated with changing goals, economic and financial mechanisms of its implementation), or political and legal factors (transformation of principles, ideologies of regional policy, creating a legal basis for it implementation). There is a need to generalize these approaches to provide stages in the evolution of regional development policy in European countries.
The aim of the article is to study the historical stages of the formation of regional development policy in European countries, to propose a generalized periodization of the evolution of policy.
Having analyzed the economic, legal and institutional principles of formation and development of European regional development policy, the author provides the main stages of policy development.
It is noted that the expansion of competencies of institutional structures formed the basis for the formation and development of a common EU regional policy, there are seven stages in the evolution of EU regional policy instruments, the institutional form of which later became the EU Framework Programs.
The periodization of regional policy formation on the basis of the adoption of basic EU regulations is proposed. Based on the generalization of these approaches, the evolution of EU regional policy is given. The conclusion on actualization of necessity of use of experience of formation and realization of regional policy of EU in domestic practice is made.
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Ding, Qing, Xiuying Liang, Haihong Chen, Meng Liu und Jie Yang. „Study on Policy and Standard System of LED Lighting Industry in EU“. E3S Web of Conferences 194 (2020): 02016. http://dx.doi.org/10.1051/e3sconf/202019402016.
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This paper introduces the policy measures, regulations and standard systems of the LED lighting industry in EU, and analyzes the role of the EU’s policy measures in promoting the level of its LED lightning technologies and accelerating the industry development, as well as the positive significance of the EU’s standards and regulations in standardizing and leading the promotion and application of LED lighting products, realization of economic and social benefits, amongst others. In this paper, it is suggested that China should further enlarge policy-based support for promotion and application of key LED lighting technologies and products, enrich and improve the standard system, strengthen the implementation of standards, and set up a benign feedback mechanism for evaluation of standards.
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Sjenicic, Marta, und Marko Milenkovic. „Legal reforms in the field of public health and the accession of the Republic of Serbia to the European Union - a review of regulatory standards“. Srpski arhiv za celokupno lekarstvo 147, Nr. 7-8 (2019): 506–12. http://dx.doi.org/10.2298/sarh19050482s.
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Accession to the European Union (EU) is a comprehensive process of reforms and harmonization of legislation with EU regulations, which must be accompanied by the implementation of EU standards. Although the EU competencies in the field of health care are limited, and health law does not represent a large part of the EU legislation, harmonization and further reforms are needed in a number of areas. The main focus of this paper is the negotiation Chapter 28 within the EU accession process, which covers a number of thematic areas in the field of public health encompassing various legislative and strategic acts of the EU. At the moment, the EU has still not opened the negotiations in this field with Serbia. In order to introduce health professionals in Serbia to current developments, the paper analyzes the most important aspects of alignment with EU legislation and the need for further regulatory reforms.
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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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Walenia, Alina. „Ethical Standards in the Process of Counteracting Financial Abuse with Regard to EU Budget Funds. The Case of Poland“. Annales. Etyka w Życiu Gospodarczym 21, Nr. 2 (02.07.2018): 73–86. http://dx.doi.org/10.18778/1899-2226.21.2.05.
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In accordance with the binding regulations of the EU law, each institution participating in the EU funds management process has in place relevant procedures preventing fraud and corruption and discouraging people from taking such actions. Managing institutions that work in cooperation with organisations which participate in the implementation of EU funds ensures the operation of an effective fraud risk management system and the implementation of effective anti‑fraud means which are designed to protect the financial interests of the European Union. The ethical norms and principles implemented in institutions which coordinate the process of EU funds management are of great importance for the process of reducing fraud related to EU funds. It was confirmed with the results of research carried out that clearly defined standards of employee conduct and determining procedures in the management and control system were the most important factors mitigating the irregularities. A special place was reserved for complying with the norms of ethical conduct and honesty by the employees of institutions managing the EU funds and development of a Code of Ethics which describes the conduct of the employees of institutions participating in the EU funds management process. The anti‑fraud procedures presented herein stem from EU law and are applicable in Poland.
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Matuszak, Łukasz, und Ewa Różańska. „Towards 2014/95/EU directive compliance: the case of Poland“. Sustainability Accounting, Management and Policy Journal 12, Nr. 5 (13.05.2021): 1052–76. http://dx.doi.org/10.1108/sampj-02-2020-0042.
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Purpose This study aims to investigate the differences in the extent of non-financial disclosure (NFD) across companies listed on the Warsaw Stock Exchange over the period surrounding the implementation of the Directive 2014/95/EU. Design/methodology/approach The sample comprising 134 selected companies. Content analysis and a disclosure index were used to measure the level of NFD. Non-financial reporting practices in the two years before (2015) and one year after (2017) the implementation of the Directive were compared. Findings The results highlight that there is already a high level of compliance with the European Union’s regulation. The extent of the NFD across different thematic aspects in reporting media increased significantly between 2015 and 2017 in particular in human rights and anti-corruption. The Directive had the largest impact on those firms with previously low levels of NFD and led to more homogeneity of NFD across different industries. Originality/value The study contributes to the understanding of the impact of the Directive on the NFD practices by European Union companies. The research has important implications for policymakers because it revealed that mandatory regulations form a crucial instrument in improving the harmonization of NFD. The research suggests that, due to the Directive, stakeholders should be provided with more comprehensive information that they need in their decision-making process.
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Kriger, A. M. „Role of European Securities and Markets Authority in the EU OTC Derivatives Legal Regulation“. Russian Journal of Legal Studies 4, Nr. 3 (15.09.2017): 105–11. http://dx.doi.org/10.17816/rjls18294.
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The work is dedicated to the legal regulation of the European Securities and Markets Authority (ESMA) and its activities in the field of derivatives regulation. Purpose of the research is to analyze the ESMA’s structure and its legal practice. The article describes the reasons of the World financial crisis of 2007-2009 and its impact on the EU economy. One of the issues that presumably provoked the crisis was abusive derivatives contracts concluded in the West. The Commission proposed a new financial markets regulation in the EU which suggested creation of a supervisory authority. The proposal was followed by setting up of ESMA in 2011. The Authority specializes in drafting of the EU legislation in the field of its competence, supervises financial markets, inspects the operation of counterparties and post-trading activities such as central clearing, reporting to trade repositories etc. Furthermore ESMA ensures financial markets stability and transparency, as well as unhampered economic relations and protection from economic downturns. The author relies on comparative, historical and analytical methods. The work was carried out on the basis of legislative sources (the EU regulations and directives) and academic writings of Russian and Western scholars. ESMA has significantly contributed to the implementation of the OTC derivatives reform in the EU. The Authority has to a high degree impacted elaboration of the European legislation dedicated to the successful operation of the financial markets. The research covers the OTC derivatives regulation in the EU and ESMA activities. This theme hasn’t been properly examined in Russian academic writings and therefore draws certain scientific attention.
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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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Preisner, Michał, Elena Neverova-Dziopak und Zbigniew Kowalewski. „An Analytical Review of Different Approaches to Wastewater Discharge Standards with Particular Emphasis on Nutrients“. Environmental Management 66, Nr. 4 (12.08.2020): 694–708. http://dx.doi.org/10.1007/s00267-020-01344-y.
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Abstract Despite the implementation of strict legal standards concerning nutrient loads within wastewater discharges in all European Union (EU) Member States it was not possible to achieve good ecological and chemical water status by 2015 in all EU countries. The main reasons for this situation are the imperfections of the legislation tools regarding the standardization of wastewater quality and the methodology of determining the conditions for wastewater introduction into receivers. The study aims to review and analyze the currently existing in various countries legal regulations setting the standards for wastewater discharged into receivers, which were intended for surface water protection and eutrophication mitigation. Besides the EU effluent standards, the regional and national regulations in chosen EU Member States (e.g., Germany, Sweden, and Denmark) have been reviewed. Moreover, the Helsinki Commission recommendations for signatory countries within the Baltic Sea catchment and the approaches for wastewater quality standardization in non-EU countries (e.g., Russia, Belarus, Switzerland, China, USA, Canada, and Dubai) were assessed. The analysis of the reviewed legal regulations allowed to diversify the methodological approaches for setting effluent quality standards in different regions and countries and to assess the effectiveness of existing legal tools in the field of eutrophication mitigation with the consideration of the environmental and economic reasonability. The results suggest that the receiver-oriented policies used among others in Switzerland and China are the most reasonable in terms of eutrophication mitigation.
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Michałowska, Kinga, und Karol Magoń. „Patients’ genetic data protection in Polish law and EU law – selected issues“. Medicine, Law & Society 11, Nr. 1 (25.04.2018): 29–46. http://dx.doi.org/10.18690/2463-7955.11.1.29-46.(2018).
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The article entitled “Patients’ genetic data protection in Polish law and EU law – selected issues” presents issues related to the protection of patients' rights and focuses on the legal basis for genetic testing and genetic data protection. Based on a comparison of regulations of international law and regulations on genetic tests introduced in foreign legal systems, the text analyzes the assumptions for the draft of the Polish act on genetic tests performed for health purposes. It presents the patient's consent to testing, the scope of information provided to the patient, the right to disclose research results to related persons and the protection of genetic data. In reference to the regulations set out in other acts, it was noted that they do not guarantee the protection of information obtained as a result of research. Due to the particular nature of genetic data, they require increased protection, which can be guaranteed through implementation of the Act on Genetic Research. In the final part, authors presented the most important achievements of the judicature of European Court of Human Rights in the field of genetic data protection.