Journal articles on the topic 'Abuse of rights – European Union countries'
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1
Carballedo, A., and M. Doyle. "Criteria for compulsory admission in some European countries." International Psychiatry 8, no. 3 (August 2011): 68–71. http://dx.doi.org/10.1192/s1749367600002617.
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Compulsory admission to mental health facilities is a controversial topic, as it impinges on personal liberty and the right to choose, and it carries the risk of abuse for political, social and other reasons (Gostin, 2000). However, involuntary admission can prevent harm to self and others, and assist people in attaining their right to health, which, due to their mental disorder, they are unable to manage voluntarily. Since the 1950s and 1960s, the delivery of mental health has shifted from a paternalistic emphasis on the need to treat those who are not able to look after themselves, to the rights of patients who have a mental illness. The Principles for the Protection of Persons with Mental Illness (‘the MI Principles’) adopted by the United Nations in 1991 play an important role in raising awareness about the human rights of people with mental health problems. They provide guidance on areas such as the procedures for involuntary admission to mental health facilities and standards of care (Knapp et al, 2007). Legal frameworks for involuntary placement of those who are mentally ill have been reformed in many European countries. Most regulate compulsory admission and treatment by special mental health laws. Only Greece, Spain, Italy and those member states of the European Union (EU) that joined in 2004 and 2007 have no separate laws (Dressing & Salize, 2004).
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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Shyrokykh, Karina. "Compromising on Values? Human Rights Pressure and Competing Interests of the European Union in the Former Soviet States." European Foreign Affairs Review 23, Issue 1 (February 1, 2018): 119–41. http://dx.doi.org/10.54648/eerr2018007.
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What influences the European Union’s (EU’s) policy towards human rights abuse in third countries? What effects do the EU’s punitive measures have on the subsequent human rights situation? In literature, there is no consensus about the effects of such an instrument; moreover, scholars often question the consistency of its application in regions where the EU has strong strategic interests. Utilizing time-series cross-section analysis of twelve former Soviet republics over two decades, the present article demonstrates that the severity of imposed measures is guided by the actual human rights situation, and the presence of competing interests does not determine their intensity. Additionally, coercive measures are shown to have a positive effect on the subsequent human rights situation. At the same time, competing interests of the EU prove able to undermine the instrument’s ex-ante credibility and, thereby, limit its potential impact.
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Goodey, Joanna. "Violence Against Women: Placing Evidence From a European Union–Wide Survey in a Policy Context." Journal of Interpersonal Violence 32, no. 12 (May 16, 2017): 1760–91. http://dx.doi.org/10.1177/0886260517698949.
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In the European Union, there continues to be a lack of comprehensive and comparable data on violence against women that can serve to inform policy. In response, the European Union Agency for Fundamental Rights (FRA), which undertakes primary data collection across all 28 EU Member States, published the first European Union–wide survey on violence against women in 2014, which interviewed 42,000 respondents. The findings, which show the extent of violence against women—ranging from intimate partner violence through to sexual harassment—can underpin a renewed policy response to violence at the level of the European Union, based on evidence. Having outlined the survey’s approach to data collection, including the methodological challenges of undertaking quantitative survey research across 28 countries, the article briefly describes some of the survey’s main findings and follows this by focusing on the realities of nonreporting to different services, which illustrates how the survey’s data can be usefully employed to inform policy and practical responses to abuse. The article does not adopt a standard academic journal format for reporting and discussing the analysis of data, but instead focuses on the EU policy backdrop that serves to contextualize the survey and its findings, and which underpins other articles in this special issue that draw in detail on FRA’s survey results with respect to specific manifestations of violence against women.
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Peake, Katrina, and Jeff Kenner. "‘Slaves to Fashion’ in Bangladesh and the EU: Promoting decent work?" European Labour Law Journal 11, no. 2 (March 16, 2020): 175–98. http://dx.doi.org/10.1177/2031952520911064.
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Workers producing garments in developing countries for European brands are often described as ‘slaves to fashion’. They are denied decent work, a core ILO objective and a UN Sustainable Development Goal (SDG). Instead, they are employed in unsafe factories prone to frequent deadly fires or building collapse, subject to anti-union discrimination and violence. The deprivation of their labour rights and poor working conditions might lead to the conclusion that they are in fact ‘modern slaves’, and thus modern slavery is fuelling the garment supply chain which is, in turn, propelled forwards by the fast fashion demands of European consumers. Modern slavery within supply chains can be tackled by brands and retailers, typically those seen as responsible for such abuse and it can be tackled through trade and development policies by actors such as the European Union (EU). In Bangladesh, the EU is the country’s largest trading partner in garments, and it has considerable leverage to improve labour rights, in doing so tackling modern slavery in the supply chain, utilising trade conditionality. The EU has to date lacked a policy focus on tackling modern slavery in its external relations, but with the adoption of the UN SDG 8 which combines elimination of modern slavery with decent work, there is scope for bringing about longstanding change. This paper argues for more normative interconnections between decent work and modern slavery in both national and EU external relations policies.
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Lu, Zichen. "Antitrust Regulation in the Field of IP of MNEs in the New Era: Starting with the Patent Tying Behaviour from the Perspective of Comparative Law." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 195–202. http://dx.doi.org/10.54097/ehss.v1i.661.
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With the vigorous development of patented technology, the problem of some large multinational enterprises implementing monopoly behaviour by abusing intellectual property rights such as patent tying is becoming more and more prominent. This has had a great impact on fair market competition, especially in those developing countries. Combined with the regulation of China’s Antitrust Law and other legal systems on this issue at the present stage, and based on the analysis of its imperfections, this paper explores the excellent achievements in international attempts such as the principle of the rationality of the United States and the comprehensive analysis method of the European Union. In the context of TRIPS, countries all over the world need to pay close attention to how to regulate the monopoly caused by the abuse of intellectual property rights, including patent tying. It is concluded that to better resist the monopoly of abusing intellectual property rights and develop the new driving force of a domestic innovative economy, China needs to start with the substantive concept and clarify the clear meaning, definition standards, and rank order of relevant legal concepts and systems. It also needs to up special authoritative law enforcement agencies to regulate the monopoly of multinational enterprises abusing intellectual property rights, innovate their punishment methods, strengthen the punishment, and better ensure fair market competition.
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Kirilenko, V. P., and G. V. Alekseev. "Problems of Harmonization of European and Russian Legislation on Defamation." Lex Russica 1, no. 9 (September 26, 2019): 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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Sanz-Barbero, Belén, Patricia López Pereira, Gregorio Barrio, and Carmen Vives-Cases. "Intimate partner violence against young women: prevalence and associated factors in Europe." Journal of Epidemiology and Community Health 72, no. 7 (March 8, 2018): 611–16. http://dx.doi.org/10.1136/jech-2017-209701.
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BackgroundThe magnitude of intimate partner violence (IPV) in young women is a source of increasing concern. The prevalence of IPV has not been analysed in Europe as a whole. The objective was to assess the prevalence and main characteristics of experiencing physical and/or sexual and psychological-only IPV among young women in the European Union and to identify individual and contextual associated risk factors.MethodsWe analysed a cross-sectional subsample of 5976 ever-partnered women aged 18–29 years from the European Union Agency for Fundamental Rights Violence Against Women Survey, 2012. The main outcomes were current physical and/or sexual IPV and lifetime psychological-only IPV. Risk factors were assessed by the prevalence ratio (PR) from multilevel Poisson regression models.ResultsCurrent prevalence of physical and/or sexual IPV was 6.1%, lifetime prevalence of psychological-only IPV was 28.7%. Having suffered physical and/or sexual abuse by an adult before age 15 was the strongest risk factor for IPV (PR: 2.9 for physical and/or sexual IPV, PR: 1.5 for psychological-only IPV). Other individual risk factors were: perceived major difficulties in living within their household income (PR: 2.6), having children (PR: 1.8) and age 18–24 years (PR: 1.5) for physical/sexual IPV and immigration background for psychological-only IPV (PR: 1.4). Living in countries with a higher prevalence of binge drinking or early school dropout was positively associated with IPV.ConclusionsFindings show that the fight against violence in young women should consider individual characteristics, childhood experiences of abuse and also structural interventions including reduction of alcohol consumption and improvement in the education-related indicators.
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Bulakh, T. M., O. A. Ivashchenko, and O. Ye Lytvyn. "The Evaluation of Investment Cooperation of Ukraine with EU Countries." Statistics of Ukraine 83, no. 4 (December 17, 2018): 50–56. http://dx.doi.org/10.31767/su.4(83)2018.04.06.
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The article investigates and evaluates the investment cooperation of Ukraine with the EU. The volume, structure and dynamics of investment flows between Ukraine and the European Union are analyzed. The main problems of cooperation between Ukraine and the EU are formed, in particular: the volume of foreign direct investment (FDI) in Ukraine from the EU is directed mainly to those sectors of the economy where it is possible quickly to make a profit (for example, in financial activities), while investment in priority sectors of the economy of Ukraine, aimed at a long-term growth, is insufficient. In addition, during the analysis of the investment market of Ukraine problematic aspects were found, such as: the existence of a tendency to invest in offshore zones, a low differentiation of foreign investors for donor countries and a sharp imbalance in the structure of FDI in the economy of Ukraine. The political instability, unpredictability of a state power, lack of independent judiciary (abuse of courts), corporate raiding, prosecution by tax authorities, shortcomings in the implementation of laws, delays and lack of transparency in VAT refund, corruption and the low level of property rights’ protection demonstrate the inability to build long-term plans with EU member states.
Measures are proposed to improve investment cooperation between Ukraine and the EU in the context of deepening European integration processes, as follow: 1) bringing the strategy of attracting foreign investment in accordance with the needs of the country; 2) providing European investors with the necessary system support (for example, in business registration, attracting personnel); 3) creating the necessary conditions for the further implementation of the liberalization of the legal framework for the free movement of FDI in accordance with EU rules; 4) close cooperation with FDI donor countries; 5) providing conditions for improvement of technical and technological conditions of domestic enterprises; 6) production intensification on an innovative basis, etc.
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Rojszczak, Marcin. "Compliance of Automatic Tax Fraud Detection Systems with the Right to Privacy Standards Based on the Polish Experience of the STIR System." Intertax 49, Issue 1 (January 1, 2021): 39–52. http://dx.doi.org/10.54648/taxi2021005.
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According to the EC estimates presented in November 2018, the so-called VAT gap amounted to approximately EUR 150 billion with organized crime groups largely responsible for its creation. Therefore, it is not surprising that states, while protecting their economic interests, are implementing new measures aimed at detecting and preventing tax crime. Poland is also pursuing this type of activity, and a number of innovative measures in the field of tax law have been introduced over the last few years. One such solution is the automatic system of analysing transaction data from financial institutions (System Teleinformatyczny Izby Rozliczeniowej, STIR). The way this system works – combining the collection of enormous sets of personal data including sensitive information with confidential analytics and composing reports for tax authorities and law enforcement purposes – must raise doubts as to its compliance with human rights standards. In terms of its operation, STIR resembles electronic surveillance systems in other EU Member States; the difference is that, instead of capturing telecommunications data, it aggregates bulk amounts of information on financial transactions. The purpose of this article is to discuss the regulations that establish the legal framework of STIR and to present recommendations on how to ensure its compliance with the privacy and data protection model functioning in the EU. Special attention will be paid to assessing the proportionality and quality of legal safeguards implemented to limit the risk of abuse of power according to standards established in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Conclusions drawn from this analysis are not only important from the perspective of the Polish legislature but are also relevant to other countries and EU institutions implementing systems similar to STIR that are interested in developing cooperation between Member States in the area of combatting tax fraud. Right to privacy, tax fraud, transaction network analysis, automated decision-making, VAT gap.
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Dadzie, Emmanuel Obed, and Ionela Gabriela Matei. "The Effects of Intellectual Property on Financial Integration in the European Union and Moldova Republic." Eastern European Journal for Regional Studies 7, no. 1 (June 2021): 70–91. http://dx.doi.org/10.53486/2537-6179.7-1.04.
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In order to encourage creative work and prevent possible abuses, the field of intellectual property must be well regulated; from a legislative point of view. This present era which is characterized by continuous technological progress is experiencing a boost in relevance of intellectual property; thereby becoming one of the key elements of industries. This has made players of markets to become aware of the need to ensure protection of intellectual property rights. Hence, financial integration is a key element which can be affected by intellectual property and the innovation process involved. This paper analyses the correlation between international financial integration and intellectual property. Also, the analysis focuses on European Union (EU) member countries and Moldova in assessing the effects of intellectual property and international financial integration. Fixed-effect panel estimation and the ordinary least squares model are used in the analysis. The analysis has been conducted over the last two decades to see the differences that intellectual property has had over financial integration over periods of time that have had extremely different economic oscillations. The results of this research provide an update on the analysis effects of intellectual property on international financial integration and it shows a negative relationship between them. Hence, this depicts that when intellectual property is carefully considered by firms and governmental institutions, it can be a major source of revenue for the stakeholders and the economy at large.
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Dadzie, Emmanuel Obed, and Ionela Gabriela Matei. "The Effects of Intellectual Property on Financial Integration in the European Union and Moldova Republic." Eastern European Journal for Regional Studies 7, no. 1 (June 2021): 70–91. http://dx.doi.org/10.53486/2537-6179.7-1.04.
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In order to encourage creative work and prevent possible abuses, the field of intellectual property must be well regulated; from a legislative point of view. This present era which is characterized by continuous technological progress is experiencing a boost in relevance of intellectual property; thereby becoming one of the key elements of industries. This has made players of markets to become aware of the need to ensure protection of intellectual property rights. Hence, financial integration is a key element which can be affected by intellectual property and the innovation process involved. This paper analyses the correlation between international financial integration and intellectual property. Also, the analysis focuses on European Union (EU) member countries and Moldova in assessing the effects of intellectual property and international financial integration. Fixed-effect panel estimation and the ordinary least squares model are used in the analysis. The analysis has been conducted over the last two decades to see the differences that intellectual property has had over financial integration over periods of time that have had extremely different economic oscillations. The results of this research provide an update on the analysis effects of intellectual property on international financial integration and it shows a negative relationship between them. Hence, this depicts that when intellectual property is carefully considered by firms and governmental institutions, it can be a major source of revenue for the stakeholders and the economy at large.
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Jashari, Ruzhdi. "Protection of Personal Data Requirement of Modern Times for the Functioning of the Security, Individual Freedoms and the Rule of Law." European Journal of Multidisciplinary Studies 5, no. 1 (May 19, 2017): 299. http://dx.doi.org/10.26417/ejms.v5i1.p299-305.
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Rule of law, human rights, freedoms, and security; are the three main pillars to the new trend of global developments, especially in the development of democratic values, where the protection of individual freedoms is among the fundamental principles that have data protection as the center point. In the years 2015-2016 we have seen the major cases of confrontation regarding the wiretapping to that point as the intervention even in the system of the "US election campaign by the Russian hackers", then sending of Macedonia to the "early elections, due to the extraction and publication of wiretaps by Zaev", the review of the "Safe Harbor" Agreement, of the EU and the US regarding the transfer of personal data during free "transatlantic" trade among EU and USA, etc. In this time of globalization, and developments of major movements is been said: "no home", "no time", "no limit", by digitized devices and social networks, privacy of the individual is excessively violated through abuse of personal data, personal security is violated and security of the systems vital to society. Therefore, this way, the national security of a country is been violated and endangered as well. Therefore, the development of institutions for protection of personal data, their independence and empowerment are of particular importance due to the vital interests of the country; where security, justice and freedom have a leading role in the development of a free and democratic society, where the individual human rights and freedoms, have a main place in modern developments of our time, in the society with the rule of law and the diversity of values. Freedoms and human rights, data and privacy protection; according to the European Convention of freedoms and human rights and the 108 Convention of the protection of personal data in automated processing, even though Kosovo has still not signed them. These rights are guaranteed by the constitution. On May 26, 2018 New Rules for the Protection of Personal Data of the EC and the European Union, will be no binding power for all EU countries. The entire legal measures of protection of personal data of the new Rules of PPD, should be forwarded to legislation interior PPD of EU member states and the EC and those who are already signatories to Convention 108 of PPD during the automatic processing of personal data. Among other things, we will give our assessments in question, where Kosovo really stands in this direction, with its commitment and aspirations for integration into European institutions and mechanisms.
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吳盈德, 吳盈德. "A Perspective on Corporate Social Responsibility in the Europe." 中正財經法學 20, no. 20 (January 2020): 1–70. http://dx.doi.org/10.53106/207873752020010020001.
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The European legislative and regulatory efforts for corporate accountability are broad in scope, encompassing a diversity of concerns for corporate transparency; the overall protection of human rights; the protection of animals and the physical environment; the rights of the consumer; the rights of the workers; and the impact of multinational firm operations on the local communities in efforts to generate shareholder wealth. A major legal issue with cases of corporate misbehavior on a global scale has been the rights of certain courts to hear corporate irresponsibility claims filed against companies which operate abroad. An outcome of the explosive growth of industry, the exploitation of poor countries with deficient critical infrastructures by multinational corporations has continued to plague society through blatant abuses of the physical environment as well as basic human rights. Nonetheless, poor countries continue to pursue financial investments from multinational corporations as well as from global sources of public aid. The European Union has endeavored to regulate such relationships in order to protect human rights and preserve the environment. This article provides an overview of corporate social responsibility in the European Union with a case study of the social and economic impact of the Royal Dutch Shell business activities and performance in the Niger Delta. The outcomes for European corporations who do not incorporate the principles of corporate social responsibility in their business structure and activities include lawsuits based upon claims of environmental degradation and socioeconomic exploitation. The integration of corporate social responsibility into the European corporate business practices and operations has a limited yet positive affect on the financial performance of the firm.歐盟對於企業問責制的立法規範可說是不遺餘力，涉及層面廣，包含對公司透明度的各種關注、人權全面保護、動物與實體環境的保護、消費者權利、勞工權利及跨國企業一心一意為股東創造財富的營運模式對於當地社區的影響。企業在世界各地的不當行為案例所引發的重大法律議題，長久以來的爭議，是特定法院是否有權審理海外公司因不負責任為由遭到控訴的案件。工業爆炸性成長的後果是跨國公司不斷利用關鍵基礎設施缺乏的貧窮國家，持續公然濫用自然環境和基本人權，為社會帶來紛擾與不安。儘管如此，貧窮國家仍繼續尋求跨國公司和全球公共援助來源的金融投資。歐盟一直努力規範這層關係，以便保護人權及保存環境資源。本文透過荷蘭皇家殼牌集團在尼日河三角洲的商業活動及表現，產生的社會經濟影響實際案例，概述歐盟的企業社會責任。未將企業社會責任原則納入旗下業務結構和活動的歐盟企業，面臨的後果包括以環保破壞與社會經濟剝削為基礎提起的訴訟。將企業社會責任原則併入歐盟企業實務營運會對企業的財務表現產生有限、卻正面積極的影響。
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Ponomareva, E. A. "The acts of the EU tax law and double tax treaties: the problems of correlation in establishing anti-tax avoidance rules." Law Enforcement Review 5, no. 4 (January 6, 2022): 175–86. http://dx.doi.org/10.52468/2542-1514.2021.5(4).175-186.
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The subject. The specifics of the functioning of tax systems and the risk of double taxation require a solution to the issue of whether tax competence can remain only at the national level. Modern cross-border tax relations operate within a multi-level system of legal regulation based on the norms of international, supranational and national lawThe difficulties of correlating these levels are rooted in the fact that, in accordance with international law, each State has the right to tax persons or transactions with which it has a sufficient connection. Different situations may occur when both countries believe that the taxpayer is their resident, or when each of them claims that the income was received in this state. States solve this problem both unilaterally with the help of national legislation, and on a bilateral basis with the help of a double tax treaty.With the adoption of the Action Plan aimed at combating the erosion of the tax base and the withdrawal of profits (hereinafter referred to as the BEPS plan) and the EU Council Directive 2016/1164 (ATAD), tax strategies for using gaps and inconsistencies in tax rules to artificially transfer profits to low-tax jurisdictions were limited.Purpose of the study. The article discusses possible scenarios arising from the interaction of tax agreements and acts of EU tax law. It is necessary to take into account the obligation of the Member States to eliminate inconsistencies between acts of national legislation and acts of EU law. Member States have committed to achieve this goal at the time of EU accession and, therefore, before the adoption of any secondary EU law.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of international and European legal literature. Structural and systemic methods are also the basis of the research.The main results. Due to the clear coordination between the European Union and the OECD of actions in terms of establishing common measures to combat tax evasion and focusing on the subjective element of assessing potential abuse situations, a new standard for combating tax evasion has been established.Сonclusions. The author comes to the conclusion that the priority of the EU law over DTTs has been established. However, Member States retain the right to establish their own tax regimes and enter into tax treaties, thereby creating conflicts in legal regulation. In order to be directly applicable, the norm of the treaty must be clearly and definitely formulated, as well as be unconditional and independent of any national implementation measures.National legislation provides measures to eliminate the legal multiple taxation only for its residents. On the other hand, with respect to tax agreements concluded with third countries, the predominance of one system over another depends on the specific scenario, and in some cases the result achieved is the result of interpretation of existing provisions. In particular, tax treaties should prevail only when concluded before a state joins the EU.
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Lenaerts, Annekatrien. "The General Principle of the Prohibition of Abuse of Rights: A Critical Position on Its Role in a Codified European Contract Law." European Review of Private Law 18, Issue 6 (December 1, 2010): 1121–54. http://dx.doi.org/10.54648/erpl2010082.
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Abstract: The principle of prohibition of abuse of rights aims to correct the application of a rule of law on the basis of standards such as good faith, fairness, and justice if, despite formal observance of the conditions of the rule, the objective of that rule has not been achieved. This principle amounts to a general principle of Union law. First, a common concept of abuse of rights exists in the legal traditions of the Member States. Second, the European Court of Justice (ECJ) has gradually built a Union concept of abuse of rights (Emsland-Stärke, Halifax, Kofoed). However, the general principle of prohibition of abuse of rights is not expressly incorporated into the codification projects on European contract law. This principle constitutes a specific application of the general duty of good faith and fair dealing in its limitative function. In principle, this approach is valid, more specifically from the perspective of the Civil Law traditions where the prohibition of abuse of rights is likewise considered as one of the applications of the more general and autonomous limitative function of good faith (e.g., Germany and the Netherlands). However, an express incorporation of the principle of prohibition of abuse of rights would be advisable from the perspective of the Civil Law traditions where the limitative function of good faith is not autonomous but exclusively linked to the general principle prohibiting the abuse of rights (e.g., Belgium and France). Such an incorporation would be in line with the recognition of a general principle of Union law prohibiting the abuse of rights.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Jain, Rajendra K. "India, the European Union and Human Rights." India Quarterly: A Journal of International Affairs 73, no. 4 (November 8, 2017): 411–29. http://dx.doi.org/10.1177/0974928417731640.
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Growing media attention and international criticism about human rights violations in the wake of the resurgence of insurgency led India to make major policy changes in its attitude towards human rights and begin to discuss human rights with the European Union for the first time in 1990. This article critically examines Indian perceptions of the EU’s approach towards human rights since the 1990s to the present. It evaluates Indian responses to the inclusion of human rights provisions in trade agreements and criticism of the ‘one size fits all’ model of the Europeans for the promotion of human rights. It explores the sources of Indian scepticism about the international human rights regime and criticism of Western countries’ selectivity in enforcing human rights. In the ultimate analysis, the responsibility for initiating and implementing the multitude of structural, economic, social and political reforms necessary to improve human rights implementation must be taken by Indians themselves. External players can only play a supportive role and their capacities to bring about fundamental change are necessarily limited.
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Piantavigna, Paolo. "Tax Abuse in European Union Law: A Theory." EC Tax Review 20, Issue 3 (June 1, 2011): 134–47. http://dx.doi.org/10.54648/ecta2011015.
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Tax abuse is a legal principle developed by the European Court of Justice (ECJ) that prevents a person from relying on a right in law where such reliance would constitute an abuse of that right. The case law demonstrates two circumstances when the principle has been applied or its potential applicability has been recognized: a person seeks to rely on a European legal right to circumvent or displace national law, and a person seeks to take advantage of a right in European law, but in a manner running contrary to its spirit. The ECJ is recognizing the full and proper construction of the European right upon which a person wishes to rely but prevents its use in any event. This principle of abuse sits alongside other developed principles of law that maintain fundamental rights already accepted in the legal systems of the Member States and in internationally recognized treaties. These general principles are not closed and include equality, proportionality, neutrality, and legal certainty. The main thrust of the application of fraus legis has been in relation to tax avoidance, but one might consider that this abuse of law or fraus legis principle has a potentially vast application in Community Law, both in tax harmonized and in tax non-harmonized areas.
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Vyacheslav, Bocharov A., Olga A. Fedotova, Marina V. Kakurina, Galia G. Mikhaleva, and Svetlana V. Novikova. "Protection of minor rights in Russia and European Union countries." Linguistics and Culture Review 5, S3 (November 14, 2021): 950–57. http://dx.doi.org/10.21744/lingcure.v5ns3.1688.
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The goal of the study is to develop the problem of minor rights and legitimate interest protection theoretically. Discussion: A comprehensive analysis of the system for protection the rights of this category of citizens was carried out to achieve this goal. At the same time, special attention is paid to the basic concepts and approaches used for the implementation of the studied legal relations in Russia and the EU countries. Result: they revealed the features of minor right protection system in the Russian Federation and some EU states.
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Ayata, Ali. "Human rights aspects of european foreign policy." New Trends and Issues Proceedings on Humanities and Social Sciences 2, no. 2 (January 12, 2016): 01–07. http://dx.doi.org/10.18844/prosoc.v2i2.406.
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The development policy of the European Union is a policy area that has developed rapidly, especially after the Cold War and the conflicts between Eastern countries. In the 1990s, the EU issued a development profile and started the human rights and democracy concepts into the Treaty of European Union officially as guiding principles in its foreign policy. Even before the importance of human rights and democracy in the founding treaties of the European Union was mentioned, strengthening the identity of the European Union could be brought at the international level from the start with respect for these criteria together, because these criteria were the grounds for the EU. The specific aim of this work is to consider the human rights dimension of EU development, cooperation and also some related policy issues and implementation problems in practice, which are considered in theoretical approaches in the study. It should be also noted that while the EU acts as an institution and also relief organization, it makes use of its own funds and budgets, not its Member States. Within this context, the activities of the Union to promote human rights could be interpreted as cultural imperialism.    Keywords: Human Rights, European Union, Foreign Policy, Cultural Imperialism.
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Máčaj, Adam. "Impact of European Union Tariff Preferences on International Human Rights Treaties." Slovak Yearbook of European Union Law 2 (December 31, 2022): 61–74. http://dx.doi.org/10.54869/syeul.2022.2.329.
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Tariff preferences of the EU seek to, inter alia, incentivize third countries through more beneficial scheme of preferences to act in accordance with international human rights standards and other values prioritized by the EU. The aim of this contribution is to assess whether this motivation has real impact on third countries as regards their approach to core international human rights treaties and provide answer to the question whether improved tariff preferences influenced conduct of those countries, as regards accession to the said treaties and expansion of their territorial applicability. Through this assessment, the research seeks to analyse impact the positive conditionality had on acceptance and ratification of human rights treaties by countries that have not showed previous inclination to ratifications without the prospect of obtaining tariff preferences by the EU. The central method is to consider the international human rights treaty ratification years of all states benefitting from the EU regime of tariff preferences. By comparing the time of ratifying the required human rights treaties, and the year in which the respective states became beneficiaries of tariff preferences, the study confirms that, safe for several specific cases, the states receiving tariff preferences had little to no new obligations in terms of ratifying human rights conventions they were previously not bound by.
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Faingold, Eduardo D. "Language rights in the European Union and the Treaty of Lisbon." Language Problems and Language Planning 39, no. 1 (September 3, 2015): 33–49. http://dx.doi.org/10.1075/lplp.39.1.02fai.
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This paper examines the linguistic obligations of the European Union and the language rights of its citizens as stated in the Treaty of Lisbon. As with the 2004 draft of the EU Constitution, the Treaty fails to address the language rights of minorities, including those seeking to secede from their own countries (e.g., Catalonia, Scotland) in their quest for political, cultural, and linguistic rights. De jure language rights for speakers of minority languages and a more pluralistic approach to language legislation are deemed necessary in the EU.
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PÂRGARU, Dragoș. "Human Rights in the context of Financial Market Abuse." Analele Universitării din București Drept - Forum Juridic 2022, no. 02 (September 29, 2022): 102–14. http://dx.doi.org/10.31178/aubd-fj.2022.2.06.
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In this article, the author reviews the European Union law regarding market abuse from a human rights perspective. Setting the foundation for the discussion from a historical perspective on the different legislative approaches on the issue of market abuse, the article continues with the ECHR’s and CJEU’s relevant case-law on the subject. Mainly, the right to a fair trial and the ne bis in idem rule are the fundamental rights that should be looked at closely when placing the market abuse regulations under scrutiny. Certain irregularities of the legislation are outlined. Also, the article tries to point out on which aspects improvements should be pursued.
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Burdanova, Anna S. "Constitutional social rights in the countries of the European Union. Theoretical provisions and problems of implementation." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 3 (August 25, 2021): 329–39. http://dx.doi.org/10.18500/1994-2540-2021-21-3-329-339.
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Introduction. Social rights belong to the second generation of human rights and freedoms, they ensure social security, all-round development of the individual. They are widely represented in the national legislation of the countries of the European Union, primarily in the relevant legislation. However, the same cannot be said about constitutional law, which is associated with different approaches of legal scholars and proven practices in the legal regulation of the implementation of social guarantees in a particular state. The methodological basis of the work was formed by general scientific and special legal research methods. Theoretical analysis. In the scientific European literature there is no single approach to the definition of basic social rights, their essence, types, legal consequences. Moreover, there are fundamentally opposite points of view about the need for their recognition and consolidation at the constitutional level. Thus, the discussion is on in individual states and the European Union as a whole. In the legal doctrine of a number of countries, for example Germany, broad and narrow approaches are used to define social rights. At the same time, at the pan-European level, a broad approach is mainly used, which draws attention to the presence of social guarantees in the Constitutions and, accordingly, state target programs of a social orientation. Empirical analysis. In general, the Constitutions of the EU countries enshrine certain social rights, which may differ in the actual form of their expression in constitutional acts. This form depends on legal approaches, traditions, historical path, economic and political experience of the state. Meanwhile, the point of view about the need to recognize social rights at the highest level, despite the existing criticism, became decisive during their subsequent inclusion in the Charter of Fundamental Rights of the European Union. Results. The working document of the European Parliament distinguishes between three systems for integrating social rights into the Basic Law: liberal (for example, Austria), moderate (for example, Germany) and southern European (typical of Spain, Italy, Portugal, Greece). At the same time, the comparison shows that for the realization of the rights of the second and third generations, constitutional consolidation is not enough; a socio-political consensus is needed, reflected through the normative legal acts adopted by the legislative body. In the European Union, attempts are being made to expand social guarantees, which face the rejection of the concept of unification of social rights by individual member states.
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Stankunas, Mindaugas, Mark Avery, Jutta Lindert, Ian Edwards, Mirko Di Rosa, Francisco Torres-Gonzalez, Elisabeth Ioannidi-Kapolou, Henrique Barros, and Joaquim Soares. "Healthcare and aging: do European Union countries differ?" International Journal of Health Care Quality Assurance 29, no. 8 (October 10, 2016): 895–906. http://dx.doi.org/10.1108/ijhcqa-09-2015-0110.
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Purpose The purpose of this paper is to evaluate socio-economic inequalities in the use, accessibility and satisfaction with health services amongst 60-84 year old people from seven European urban communities. Design/methodology/approach Data for this study were collected in 2009. The target population was people aged 60-84 years from Stuttgart (Germany), Athens (Greece), Ancona (Italy), Kaunas (Lithuania), Porto (Portugal), Granada (Spain) and Stockholm (Sweden). The total sample comprised 4,467 respondents with a mean response rate across these countries of 45.2 per cent. Findings The study demonstrated that the majority of respondents had contact with a health care provider within the last 12 months. The highest percentages were reported by respondents from Spain (97.8 per cent) and Portugal (97.7 per cent). The results suggest that 13.0 per cent of respondents had refrained from seeking care services. The highest rates were amongst seniors from Lithuania (24.0 per cent), Germany (16.2 per cent) and Portugal (15.4 per cent). Logistic regression suggests that seniors who refrained from seeking health care was statistically significant associated with those with higher levels of education (odds ratios (OR)=1.21; 95 per cent confidence intervals (CI)=1.01-1.25) and financial strain (OR=1.26; 95 per cent CI=1.16-1.37). Furthermore, the majority of respondents were satisfied with health care services. Originality/value The findings from the “Elder Abuse: a multinational prevalence survey” study indicate the existence of significant variations in use, accessibility and satisfaction with health services by country and for socio-economic factors related to organizing and financing of care systems.
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Büken, Nüket Örnek, and Erhan Büken. "Emerging Health Sector Problems Affecting Patient Rights in Turkey." Nursing Ethics 11, no. 6 (November 2004): 610–24. http://dx.doi.org/10.1191/0969733004ne742oa.
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It is accepted throughout the world today that a new approach is needed to health care, one that brings to the forefront the role of economic development. This situation has also increased the importance of the health care sector and health data have begun to take a significant place in countries’ development indicators. Health care services as a basic indicator of social and economic development in Turkey, as in the rest of the world, continue to gain in importance. However, there is a significant difference between health indicators for Turkey, which is a candidate for full membership of the European Union, and European Union countries.
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VAZ, Andréa Arruda, Marco Antônio Lima Berberi, and Tais Martins. "A Crise na União Europeia e os Impactos nos Princípios Fundamentais do Trabalho Diante da Flexibilização de Direitos pelos Estados-Membros em Contrariedade aos Preceitos do Direito Comunitário." REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, no. 12 (June 30, 2021): 343–56. http://dx.doi.org/10.19135/revista.consinter.00012.16.
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The research presents in a practical way the impacts of the crisis of 2008 and following years in Europe and the action of the economic block, to mitigate the crisis through austerity measures, which last to date. The search for a solution to the crisis that has plagued the European Union, the possible conflict with unavailable rights and the imposed need for flexibilization of rights, especially in labour law, deserves debate. The measures put forward by the member countries of the European Union to solve the economic crisis are also partly linked to the idea of the suppression of rights. For example, we mention the reduction of working hours, an increase in the retirement age, among other fundamental precepts inherent to the dignity of the human person, which have been made more flexible during the crisis. This article discuss the legality of these flexibilities in the face of the protection of fundamental human rights and European Community law, from the point of view of international law, of the Convention OIT, ONU, which have been ratified by the various countries of Europe. Over the years, the European Union has been going through a series of crises and consequent precarious labour law, one of the most recent and relevant, the UNITED KINGDOM’s withdrawal from the European Union through so-called Brexit.
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Cherneha, Vitalii, Iryna Hrytsai, Tetiana Tarasevych, Viktor Savchenko, and Hanna Krushelnytska. "Rights of a child born through the use of assisted reproductive technologies in the EU countries and Ukraine." Revista Amazonia Investiga 11, no. 53 (July 4, 2021): 101–10. http://dx.doi.org/10.34069/ai/2022.53.05.10.
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This article aims to identify the features of the European Union and Ukraine legislation on the rights of children born through reproductive technologies and the practice of its application. To achieve this goal, first of all, an analysis of an array of sources in the field of the rights of children born with the help of reproductive technologies was carried out. The paper compares the legislation and practice of the European Union and Ukraine regarding the rights of children born with the use of reproductive technologies, which was achieved through comparative law. The historical-legal method has made it possible to outline the changes that have taken place in the approaches to the rights of children born with the help of reproductive technologies in countries whose legislation and practice have been specially studied. The synthesis method was applied, which helped to form a comprehensive vision of the rights of children born with the help of reproductive technologies in the European Union and Ukraine countries. The direction of research on ensuring and guaranteeing the right to life of children born with the help of reproductive technologies is promising.
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Mutiara, Upik, and Romi Maulana. "PERLINDUNGAN DATA PRIBADI SEBAGAI BAGIAN DARI HAK ASASI MANUSIA ATAS PERLINDUNGAN DIRI PRIBADI." Indonesian Journal of Law and Policy Studies 1, no. 1 (May 31, 2020): 42. http://dx.doi.org/10.31000/ijlp.v1i1.2648.
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Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.
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Almakaeva, Anna, and Veronika Kostenko. "Portability of Pension Rights in the EurAsEC Countries and the European Union." Journal of Economic Sociology 15, no. 4 (2014): 53–67. http://dx.doi.org/10.17323/1726-3247-2014-4-53-67.
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Montagnani, Maria Lillà. "Astrazenecas Abuse of IPR-Related Procedures: A Hypothesis of Anti-Trust Offence, Abuse of Rights, and IPR Misuse." World Competition 34, Issue 2 (June 1, 2011): 245–59. http://dx.doi.org/10.54648/woco2011020.
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The General Court has recently upheld the AstraZeneca decision by ascertaining that AstraZeneca enforced fraudulently the procedure to obtain the Supplementary Protection Certificates (SPCs) connected to one of its patented drugs and misused the procedure governing the withdrawal of the related market authorizations. AstraZeneca manipulated these procedures and - since it held a dominant position - was deemed liable under Article 102 Treaty on the Functioning of the European Union (TFEU). However, enforcing fraudulently the procedure to obtain SPCs and misusing the procedure governing the withdrawal of market authorizations may qualify as offences even when firms do not hold market dominance insofar as the acts do not find any justification in the rationale underpinning the patent system. This behaviour may amount to conduct that harms the single market as it abuses both the intellectual property (IP)-related procedure and the underlying intellectual property right (IPR). This behaviour may also amount to conduct that, by falling outside the scope of a Community provision, distorts its purpose and abuses the underpinning right. The paper uses the discussion of AstraZeneca's behaviour from the European Union (EU) and US antitrust standpoint to explore the further offences that such behaviour may constitute.
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Kulynych, Olha, Oksana Kurylina, Nataliia Serdiuk, Serhii Bashlai, Olena Nesterenko, and Petro Trachuk. "Protection of Economic Rights in Eastern European Countries." WSEAS TRANSACTIONS ON BUSINESS AND ECONOMICS 18 (May 5, 2021): 803–14. http://dx.doi.org/10.37394/23207.2021.18.76.
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Current problems in the protection of economic rights in Eastern Europe (the impact of the oil industry on the environment and human health, discrimination in employment, including the abuse of the rights of migrant workers and women) determine the potential for economic development. This scientific article based on: qualitative and quantitative methodology; combination of comprehensive and systematic approaches; case method; analysis of statistical indicators. The aim of the research is to analyze the protection of economic rights in Eastern European countries and their negative impact on the lives of citizens. It has been found that in addition to unresolved issues of non-payment of salaries and discrimination against various social groups, these countries have new problems in the field of protection of intellectual property rights through the development of the digital economy. The legal system carefully and slowly integrates the practice of developed countries to provide guarantees for the most vulnerable (women, migrant workers). As a result, Eastern European countries are characterized by slow structural changes in the economy and an average level of GDP per capita. Discrimination, which is characterized by differences, is among the main problems. Discrimination does not ensure equal access for women to all spheres of public life. The revealed connection between gender equality and the economic well-being of the population proves the importance of protecting economic rights as a tool to ensure the formation of a socially oriented market economy. In Eastern European countries, there is no consistent concept of equality regardless of the social-economic characteristics of the citizen. Judicial practice remains quite cautious in sentencing and there are cases of return to formal equality.
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Sardelić, Julija. "The Exclusion of Roma and European Citizenship." Current History 120, no. 824 (March 1, 2021): 100–104. http://dx.doi.org/10.1525/curh.2021.120.824.100.
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Some 10-15 million members of the Roma minority live in Europe; an estimated 6 million are citizens of the European Union. It was not until the 1990s that European Union institutions began treating Roma as an ethnic minority deserving of human rights protections. Concerns about mass migration of Roma from Eastern European countries where they face severe discrimination was one of the reasons the EU included protections for Roma among the conditions that candidate countries had to meet to qualify for consideration in its most recent rounds of enlargement. Those EU efforts have overlooked similar discrimination and neglect in western member states.
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Vacca, Alessia. "The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?" Eesti ja soome-ugri keeleteaduse ajakiri. Journal of Estonian and Finno-Ugric Linguistics 2, no. 1 (June 17, 2011): 347–66. http://dx.doi.org/10.12697/jeful.2011.2.1.23.
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This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language
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Nykytchenko, N. "The legal status of a lawyer in the countries of the European Union." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 103–7. http://dx.doi.org/10.33531/farplss.2018.4.19.
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This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.
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Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Flere, Sergej. "REGISTRATION OF RELIGIOUS COMMUNITIES IN EUROPEAN COUNTRIES." POLITICS AND RELIGION JOURNAL 4, no. 1 (June 1, 2010): 99–117. http://dx.doi.org/10.54561/prj0401099f.
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In the text regimes of religious community registration by statutory law in European countries is reviewed. Although freedom of religion is declared as a pricniple at the European level and individual constitutional provisions, varied obstacles to registering religious communities are set. They may reflect fear of abuse of religion or the intent to safeguard the hegemony of a traditionally entrenched religion. Some of these obstacles are historically entrenched, whereas in post-Communist countries they have been set during democrratic reconstruction. States differ in conditions for registration, in bodies competent to act upon such supplications, procedures in reviewing them and in practice. A trend toward reaching the standards set by the Europeaн Convention on Human Rights may be discerned. The major policies of the Venice Commission regarding religious liberty and a number of standard setting judgments by the European Court of Human Rights, regarding religious liberty, particularly within the registration of religious groups are reviewed in continuation. These policies and judgments ensue from a strict vision of individual and collective religious rights and may collide with traditional religious cultures favouring an entrenched church, within various confessional traditions in Europe. These opinions and judgments present a limited but important instrument of affirmation of religious liberty and suppressing state arbitrariness in the treatment of religious freedom, particularly of minority groups and beliefs. Problems of Orthodox cultures are stressed.
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Novradova-Vasiliadi, S. M. "Experience in Improving Legislation on Working Hours in the European Union and Selected Countries." Actual Problems of Russian Law, no. 7 (July 1, 2018): 153–60. http://dx.doi.org/10.17803/1994-1471.2018.92.7.153-160.
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The article examines the legislation on working hours in the European Union. The author analyzes the fundamental acts regulating working hours within the European Union. Particular attention is given to the analysis of norms directly related to the working time regime enshrined in the European Social Charter, the Charter of the European Union and the Directive of the European Parliament and Council. The article carries out a comparative legal analysis, considers provisions for the regulation of the institution of working hours common for all Member States, which represent the minimum level of guarantees of workers' rights that each EU country must respect. The problems of regulation of labor legislation on working hours in the EU countries (cases of Germany and Greece) are studied. In addition to the standard working hours, the author identifies non-standard working time regimes in the labor legislation of the countries of the European Union. After studying the legislation on working hours of the EU countries, the author makes final conclusions.
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Jastisia, Mentari. "PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH." Yustitia 7, no. 2 (October 15, 2021): 148–58. http://dx.doi.org/10.31943/yustitia.v7i2.142.
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Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe
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Kovalenko, Tetiana. "Trademark registration in the European Union." Theory and Practice of Intellectual Property, no. 3 (August 9, 2022): 65–72. http://dx.doi.org/10.33731/32022.262625.
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Keywords: trademark, EU Regulation, EU trademark, European Union, Europeansystem of trademark protection
The developmentof economic integration of European countries has created the need to create asingle system of legal protection of trademarks, as it should contribute to the formationof a common market, the conditions of which are the possibility of competitionand free movement of goods and services in European countries. One of the legal instrumentsto meet these conditions is the trademark, which must be used in the EuropeanUnion. The creation of a common economic space in Europe has contradicted thenational laws of each of the member states of the European Union. Therefore, there isa need to create a single European system of trademark protection.According to the EU Regulation, one of the main functions of an EU trademark isto guarantee the origin of goods and services sold or provided to consumers under thattrademark. The EU trademark is unitary. As it is registered for all member states ofthe European Union through a single procedure, it acquires rights only if it is acceptedin all member states of the European Union. An EU trademark is acquired onlythrough registration, not use.
The EU regulation provides for the free movement of goods and services betweenmember states. Accordingly, the owner of an EU trademark cannot object to the use ofsuch a registered trademark in the European Union. Moreover, the EU regulation definesnot only the registration criteria, but also the examination procedure, includingthe possibility of objections to registration made by third parties, and the procedurefor filing claims for infringement of trademark rights.Either party may appeal the decision on the objection to the Board of Appeal ofthe European Union Intellectual Property Office. Thereafter, any issue can be appealedto the Court of Justice of the European Union, which can only annul orchange the decision.Once the EU trademark application has been published, the pre-emption holderhas three months to file an objection. Obtaining an EU trademark is essential for asuccessful brand protection strategy. Since its inception, the EU trademark systemhas become one of the most important tools available to both legal entities and individualswho want to effectively protect their trademark rights in Europe.
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Dannemann, Gerhard. "Constitutional Complaints: The European Perspective." International and Comparative Law Quarterly 43, no. 1 (January 1994): 142–53. http://dx.doi.org/10.1093/iclqaj/43.1.142.
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Until recently the judicial remedy of a constitutional complaint existed in very few European countries, but has now been introduced in a number of Central and Eastern European States. An increased awareness of human rights questions resulting from the abuse of State power by former regimes, combined with the room to manoeuvre provided by the radical change in the political and constitutional system, has led to the introduction or expansion of existing legal mechanisms for the protection of constitutional rights and freedoms in these countries. The following remarks are intended to give an overview of the main procedural questions relating to the nature and functioning of constitutional complaints, and to examine the extent to which Western European experience might be used in the development of constitutional complaint mechanisms in Central and Eastern Europe
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Al-Jaberi, Prof Dr Sattar Jabbar. "Iraq and the European Union towards a Strategic Partnership." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 220, no. 2 (November 8, 2018): 95–122. http://dx.doi.org/10.36473/ujhss.v220i2.487.
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The Iraq's relations with the European Union countries of the oldest and surest Iraq's foreign relations, in spite of the damage to those relationships during certain time periods, and sometimes degradation several considerations, they quickly return to normal, the importance of Iraq's strategy for European countries on the one hand, and interest in Iraq, the European its relations On the other hand .
The EU played an important role in Iraq in the era after 2003, through important political relations with the Iraqi government, and try to achieve a real partnership in the political, economic and cultural fields, and interested in EU areas of human rights, and civil society organizations, and strengthen the Iraqi security capacity and we will try in this Find the study of the positions of the European Union countries of Iraq, and then try the European Union and Iraq to establish a strategic partnership between them.
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TYRPENOU (Α.Ε.ΤΥΡΠΕΝΟΥ), A. E. "Enlargement of the European Union ... an historic opportunity." Journal of the Hellenic Veterinary Medical Society 57, no. 3 (November 29, 2017): 230. http://dx.doi.org/10.12681/jhvms.15045.
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Enlargement is one of the most powerful political tools of the European Union and the driving force which has helped in the transformation of the Central and East Europe. From the moment it was created in 1950 is continuously enlarging and has recendy inspired ambitious reformations for Turkey, Croatia and West Balkans. Its founder members call the people of Europe which put their ideas and unified their efforts. Since that time and according to the article 49 of the European Union, it has been grown up from the 6 initial states to 9, 10, 12, 15 and recently to 25. The process still goes on today with new candidate countries, such as Bulgaria and Romania and with accession negotiations with Turkey just as this country could meet the political criteria for accession and the respect of human rights. On completion of this phase the European citizens could live and work in an extended area beyond the Baltic Sea to the Black Sea and from Nicosia to Kiruna and could work under standard procedures in the biggest and without borders market of the world. Also, they will benefit from their neighbours, who have stable democracies and good market economies. It is a careful procedure for the transition of the countries involved, dispersing peace, stability, well being, democracy, human rights and a state of justice in the whole Europe. Further, when our children will become grownup, they will live in a European Union consisted of thirty or more states and with more than twenty languages, a unique polymorphic culture embracing more than 500.000.000 people.
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Márquez Lasso, Daniel E. "The concept of abuse in tax matters within European Union law." CUADERNOS DE DERECHO TRANSNACIONAL 13, no. 2 (September 10, 2021): 362–401. http://dx.doi.org/10.20318/cdt.2021.6263.
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The principle of prohibition of abuse of rights is applicable in fields as varied as the free movement of goods (judgment of 10 of January 1985, Association des Centres distributeurs Leclerc and Thouars Distribution, Case 229/83), freedom to provide services (judgment of 3 of February 1993, Veronica Omroep Organisatie, Case C‑148/91), public service contracts (judgment of 11 of December 2014, Azienda sanitaria locale n. 5 Spezzino and Others, Case C‑113/13), freedom of establishment (judgment of 9 of March 1999, Centros, Case C‑212/97), company law (judgment of 23 of March 2000, Diamantis, Case C‑373/97), social security (judgments of 2 of May 1996, Paletta, Case C‑206/94; of 6 of February 2018, Altun and Others, Case C‑359/16; and of 11 of July 2018, Commission v Belgium, Case C‑356/15), transport (judgment of 6 of April 2006, Agip Petroli, Case C‑456/04), social policy (judgment of 28 of July 2016, Kratzer, Case C‑423/15), restrictive measures (judgment of 21 of December 2011, Afrasiabi and Others, Case C‑72/11) and value added tax (judgment of 21 of February 2006, Halifax and Others, Case C‑255/02) and, in that sense, the EU principle of prohibition of abuse of law has been developing within the jurisprudence of the Court of Justice of the European Union since the mid-1970s, addressing it in multiple ways, not only in the face of different factual assumptions, which would be understandable and even necessary but, in its evolution, treating asymmetrically the handling of the requirements that must be met to reach the conclusion of the existence of practices abusive.
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Matveevskaya, Anna S., Sergei N. Pogodin, and Juntao Wang. "Problem of human rights violations during the migrant crisis in Europe." Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 37, no. 3 (2021): 508–15. http://dx.doi.org/10.21638/spbu17.2021.311.
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The aim of this study was to identify how Europe’s migrant crisis affected human rights in the European Union. It focuses on the observance of fundamental human rights in the context of migration. Violations directly related to migrants and refugees are considered. Human rights law is the most universal and general branch of law on which all other laws rely. The issue of observance of these rights becomes even more critical in regard to forced migration. While these rights are guaranteed to ‘all members of the human family’, there are conditions under which universally recognized human rights should be protected and justified with particular care. Obviously, inalienable human rights may easily be compromised when it comes to prisoners or refugees. Ensuring human rights in the European Union is based on a variety of international treaties, EU regulations and internal legislation of the member countries which have adopted high standards in the field of human rights protection. With regard to the right to asylum as an essential component of the human rights law, it can be stated that an unprecedented level of integration has enabled the EU to establish a pan-European asylum system based on the standards enshrined in the 1951 Geneva Convention and the 1967 Additional Protocol, as well as to gain considerable experience in dealing with migrants and refugees and ensuring their inalienable rights. In general, legislation in this area is constantly being improved and it reflects modern challenges and threats. The member countries of the European Union are on the way to developing a unified approach to migration policy and international protection issues. However, the asylum system is imperfect and has numerous gaps, which have been repeatedly mentioned by experts and members of the academic community even before the migrant crisis began.
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Szabó, Máté Csaba. "The Representation of Human Rights and Economic Positions in Cuba." Academic and Applied Research in Military and Public Management Science 12, no. 2 (December 31, 2013): 303–10. http://dx.doi.org/10.32565/aarms.2013.2.11.
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This article describes the more than a decade–long process, during which Cuba, having lost its economic stability, has been economically moving closer to EU countries that are investing more and more in tourism and other industries. Although in many areas a shift towards a market economy can be observed in Cuba, these measures have not been accompanied by political reforms and guarantees of basic human rights that are considered fundamental values in the European Union. The article introduces the efforts of the Cuban opposition and organizations over the last twenty years, and describes the steps, with which the European Union has supported and recognized those who are fighting for freedom and rights in Cuba. Through these actions the European Union makes it clear that besides improving economic relations, the EU emphasizes and monitors the political systems of its trading partners, expecting them to guarantee certain basic rights.
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Petersmann, Ernst-Ulrich. "The European Unions Cosmopolitan Foreign Policy Constitution and Its Disregard in Transatlantic Free Trade Agreements." European Foreign Affairs Review 21, Issue 4 (December 1, 2016): 449–68. http://dx.doi.org/10.54648/eerr2016039.
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The universal recognition of human rights promotes international ‘cosmopolitan law’ protecting rights and judicial remedies of citizens in ever more fields of international regulation. Yet, even though free trade agreements (FTAs) protecting rights and remedies of citizens have been uniquely successful in European integration, the European Union (EU)’s ‘cosmopolitan foreign policy mandate’ is increasingly disregarded in FTA negotiations with non-European countries. The EU’s transatlantic FTAs risk undermining fundamental rights and judicial remedies inside the EU. Citizens rightly challenge the interest group politics in designing transatlantic FTAs and the EU’s neglect for participatory and deliberative democracy in EU trade policies on regulating international markets.
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Saltnes, Johanne Døhlie. "Norm collision in the European Union’s external policies: The case of European Union sanctions towards Rwanda." Cooperation and Conflict 52, no. 4 (June 6, 2017): 553–70. http://dx.doi.org/10.1177/0010836717710528.
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The European Union (EU) is the world’s biggest donor of aid to developing countries. The provision of EU aid is conditional on respect for human rights and democratic principles in the recipient countries. This article questions to what extent norms always yield to interests in decisions over whether to sanction breaches of human rights and democracy. Building on a theory that allows the simultaneous consideration of different norms, the article suggests that rather than interests being the determining factor when the EU takes decisions on implementing sanctions, the weighing of various norms and the choice to follow one of them can explain why sanctions have been avoided in certain cases in Rwanda. The article shows that this weighing of different norms plays an important role in foreign policy decisions and can have concrete consequences with regard to sanctions. In so doing, it advances the literature on the EU’s global role by developing a theoretical account of the evaluation process and the ultimate decision to act in accordance with one norm in particular.