Relevant bibliographies by topics / Administrative law – European Union countries

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Administrative law – European Union countries'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Administrative law – European Union countries"

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Jakab, Radomír. "The Influence of EU Law on Public Administration in New Member States." Public Governance, Administration and Finances Law Review 5, no. 1 (2020): 48–61. http://dx.doi.org/10.53116/pgaflr.2020.1.3.

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The membership of Central and Eastern European countries in the European Union has influenced the development of almost all branches of law, including administrative law. The paper analyses the influence of European Union law on the fundamental object of interest of administrative law within new member states – on public administration and its laws. In this context, the influence on laws governing the organisation of public administration, laws governing the activities and tasks of public administration as well as laws governing processes in public administration will be assessed.
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Krausenboeck, Maria. "DER RENEUAL MODEL DRAFT FOR AN ADMINISTRATIVE PROCEDURE LAW – BACKGROUNDS AND CURRENT SITUATION." Administrative law and process, no. 3(26) (2019): 72–76. http://dx.doi.org/10.17721/2227-796x.2019.3.04.

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The paper focuses on administrative law reform within the European Union and raises this problem in the Central Asia countries: as EU advances with its codification and structuring on the existing principles and institutions, the countries of Central Asia start from scratch. A group of academics within the Research Network on European Administrative Law (ReNEUAL), starting with comparative law method, tries to use national administrative procedural laws, case law and principles of the administrative procedure of the European and national courts, as well as the relevant soft law, especially the “Ombudsprudence” aims, taking into account new communication technologies, at developing a relevant draft law. In its independent work between 2009 to 2014 the ReNEUAL network specified the constitutional principles for administrative procedures, naming proposed draft “self-administration law”. It deals with institutions, bodies, offices and agencies of the European Union in their relations with the public as well as various cross-cutting issues: rules on the consequences of procedural errors, use of undefined legal terms, optimization of the rules for complex processes. European Parliament’s legal committee made some reference to the ReNEUAL draft and also sought advice from members of the network. Later draft from Parliament, seen as less ambitious, stays within the basis of the currently applicable EU treaties, whereby the ReNEUAL draft would sometimes require changes to the treaty. The proposed ReNEUAL builds transparent basis for exercising human and citizen rights, helps ensure transparency and consistency of the EU administrative institutions. It could also serve as a catalyst for the reform of national administrative procedural laws. The European Commission not convinced that EU administrative law could be summarized in a single legal document, asked for a cost-benefit analysis and impact assessment and publicly consulted on the codification of EU administrative procedure from 15.12.2017 to 09.03.2018, publishing results in July 2018.
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Hetman, Yevhen A., Viacheslav S. Politanskyі, and Kateryna O. Hetman. "Global experience in implementing electronic administrative services." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 79–87. http://dx.doi.org/10.37635/jnalsu.28(1).2021.79-87.

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One of the factors for the development of civil society in democratically developed countries is an effective, wellfunctioning institution for providing administrative electronic services. Despite the intensity and wide scope of research covering various aspects of providing electronic administrative services to the population, many issues in this area remain quite debatable, as well as understudied, which conditioned the relevance of the study. The study is aimed at investigating the specific features of implementing electronic administrative services in the practice of countries with the most developed e-government mechanisms. In the study of the problem, a set of general scientific and special methods of cognition was used, in particular, the leading methods were: dialectical, comparative legal, analysis, synthesis, interpretation. The study analysed criteria for evaluating electronic administrative services in the leading countries of the European Union and the United States. The study examines the basic electronic administrative services for citizens in online mode provided in the countries of the European Commonwealth. The study examines the global experience of implementing electronic administrative services in such countries as: USA; France; Great Britain; Germany; Estonia and Sweden. The author’s approach to defining the concept of electronic administrative services is formulated, based on a personal interpretation of this concept from the standpoint of general theoretical analysis. It is concluded that one of the best ways to encourage the provision of administrative services in electronic form in the countries of the European Union is to standardise their provision – the development of clear organisational and technical-technological rules and requirements, and their main position is that the provision of services through electronic means of communication should complement, and not replace other communication channels
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Davinić, Marko, and Vuk Cucić. "Europeanization of General Administrative Procedure in Serbia." Review of Central and East European Law 46, no. 2 (May 27, 2021): 153–78. http://dx.doi.org/10.1163/15730352-bja10045.

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Abstract Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies of European influence in the drafting process. Two main shortcomings thereof were the false deregulation and debureaucratization of gapa and the ‘one-size-fits-all’ approach applied in all the countries of the Western Balkan region, in spite of inherent differences in their legal systems. The purpose of the criticism given in the paper is to avoid the same issues in the future, during the process of harmonization of Serbian law with the acquis communautaire.
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Martirosyan, Diana G. "LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW." SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no. 1 (2022): 121–31. http://dx.doi.org/10.26653/2076-4650-2022-1-09.

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The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.
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Ishchenko, Ivan, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi, and Iryna Tsareva. "European experience of preventive activities performed by law enforcement agencies: administrative aspect and theoretical-legal aspect." Cuestiones Políticas 40, no. 75 (December 29, 2022): 263–73. http://dx.doi.org/10.46398/cuestpol.4075.17.

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The aim of the research was to reveal the peculiarities of preventive activities carried out by law enforcement agencies in the countries of the European Union. Attention is paid to the known methods of preventive work carried out by the police of different countries, which make it possible to prevent crimes and arrest criminals when they are still preparing to commit a crime. In this regard, models of preventive activities used in continental European countries are described. The methodological basis of the research is presented in comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. In the conclusions attention is paid to the peculiarities of prevention applied by individual members of the European Union, in particular, the policy of prevention by the Polish police, in terms of recidivism of persons who have already committed crimes. This policy is developed by borrowing from the European experience, because in some countries the emphasis is on extending the powers of police officers, in others - on maximum interaction with the society involved to help implement some police functions.
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Jeretina, Urša. "Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (June 1, 2016): 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.

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Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.
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Arana García, Estanislao. "ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION: TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE." Administrative law and process, no. 2(25) (2019): 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.

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Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary to: 1) analysis the creative solutions of the agencies courts; 2) verify the performance of agencies through the information provided by themselves; 3) discuss the judicial decisions from a scientific perspective. This process has been implemented through direct contact with experts and professional actively involved at these European administrative courts. Results. EU law is haphazardly creating a system of administrative review that is in many cases a pre-condition to judicial review. This system is most evidently manifesting itself in the application of EU law by administrative agencies. For this purpose, some of the EU’s most important agencies have created specialised bodies known as boards of appeal. These objective and independent bodies have the power to review the decisions of the agency they form part on based on both questions of law and fact. The paper aims to establish a critical vision of the role that new judicial forms are developing and the importance of to reach a specialized criterion for solving technically increasingly complex issues. Conclusions. The board-of-appeal model has proven a successful one as it offers parties a low-cost and effective way of having their complaints resolved without having to go to the European Union Court of Justice. Lastly, there appears to be a need for the European Union to, as it is currently doing with administrative procedure, establish a common set of rules for this emerging remedy for reviewing European administrative acts.
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Huang, Xiaoqing. "Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information: EU Data Protection Rules and Cases." Intertax 46, Issue 3 (March 1, 2018): 225–39. http://dx.doi.org/10.54648/taxi2018024.

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With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying the interrelationships between rules in EU Directives regarding administrative administration and those regarding data protection. Moreover, relevant Court of Justice of the European Union (CJEU) case law will be discussed in light of the afore-mentioned rules, highlighting the insufficiencies of prevailing AEOI legislation in ensuring proportionality and taxpayer protection in third countries. Finally, the newly adopted General Data Protection Regulation will be assessed.
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.

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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Dissertations / Theses on the topic "Administrative law – European Union countries"

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Bao, Yong Liang. "Meeting the challenge of EU enlargement : approximation of Environmental legislation." Thesis, University of Macau, 2005. http://umaclib3.umac.mo/record=b2185450.

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Van, Waeyenberge Arnaud. "Les nouveaux instruments juridiques de la gouvernance européenne." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209759.

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Cette recherche doctorale part de l’hypothèse générale selon laquelle la méthode communautaire classique serait concurrencée dans les faits par de nouveaux instruments juridiques qui, loin de constituer des initiatives isolées, participent d’un modèle alternatif de gouvernance communautaire qui la transforme en profondeur.

Afin d’identifier les caractéristiques, les contours et les nouvelles formes de normativités de ce modèle alternatif, cette recherche a adopté une approche pragmatique de l’étude droit et étudie empiriquement et systématiquement six politiques publiques européennes :la stratégie européenne pour l’emploi (SEE) et la Méthode Ouverte de Coordination (MOC), le programme européen REACH; la politique européenne de l’eau; la politique comptable européenne; la politique de régulation des services financiers; et la lutte contre le réchauffement climatique et le marché européen du carbone. Ces politiques publiques sont étudiées au moyen d’une approche par les instruments d’action publique qui s’inspire de la démarche et des recherches effectuées par Michel Foucault sur la « gouvernementalité ».

Cette analyse nous aura permis de démontrer que la transformation de la méthode communautaire classique se constate à au moins trois niveaux. Au niveau des acteurs, on assiste à un renforcement de la place des acteurs privés et de la société civile dans les politiques publiques étudiées. La transformation de l’action publique européenne réside également dans l’utilisation abondante de nouveaux instruments d’action publique - plus techniques que politiques et plus incitatifs que contraignants (du type benchmarking) - qui impliquent systématiquement une collaboration entre acteurs publics et privés à différents niveaux du processus décisionnel (coproduction normative). Enfin le mode de sanction est devenu une « contrainte par l’image » reposant sur la figure du « mauvais élève de la classe » véhiculée principalement par des publications de classements basées sur une classification des bonnes pratiques. Corrélativement, cette transformation se constate également dans les phases d’élaboration, d’exécution et de contrôle du droit de l’Union européenne.

Une fois les caractéristiques et les contours de ce modèle alternatif dessinés sur base des politiques publiques étudiées, cette recherche s’est ensuite tournée vers une présentation des discours (politiques et juridiques) et écoles de pensées (Law and Economics / New Public Management / Démocratie délibérative / Expérimentalisme démocratique) permettant de justifier son existence et, par là, de fonder sa légitimité. Enfin, si ce nouveau modèle peut prétendre à une certaine légitimité ou nécessité et s’il n’apparaît pas envisageable de revenir en arrière, sa non-concordance avec le traité est problématique. En effet, ce modèle pose une série de questions relatives au manque de contrôle sur l’activité des institutions de l’Union et à la sauvegarde de l’ordre juridique constitutionnel européen. Plus précisément, l’étude de la question de la protection juridictionnelle effective et du respect du principe de l’équilibre des pouvoirs permet d’identifier un certains nombre d’écueils et de proposer des suggestions d’amélioration pragmatique du modèle décisionnel européen au regard des nouveaux instruments juridiques de la gouvernance européenne.

The starting point of my doctoral research is that the Classic Community Method, as described in the Lisbon Treaty, does not enable one to understand the manner in which law is currently produced in the European Union. I claim that the Community Method is in fact challenged and transformed by new legal instruments that, far from being isolated initiatives, are part of an alternative model of governance.

My research adopts a programmatic approach as to identify the features, contours and new forms of normativity of this alternative model. It studies empirically and systematically six European public policies through “an approach by instruments” inspired in the writings of Michel Foucault on "governmentality”.

This analysis shows that the transformation of the Classic Community method occurs at least at three levels. First, there is a strengthening of the role of private actors and civil society in policy making. Second, the transformation of European public action also lies in the abundant use of new policy instruments - rather technical and political incentives than binding rules (benchmarking) - that involve a systematic collaboration between public and private actors at different levels of decision-making (co-regulation). Third, control and sanctions rely greatly on a “constrained by image” system based primarily on publications of rankings and classifications of good practices.

After I present the features and contours of this alternative model, my research analyzes the political and legal discourses, as well as the schools of thought (Law and Economics / New Public Management / Deliberative Democracy / Democratic Experimentalism), that justify its existence and, therefore, its legitimacy.

Finally, my doctoral work rises the question about the lack of control over these regulatory activities and brings to light the safeguards that should be taken by the European Court of Justice to respect European Union’s Constitutional law


Doctorat en Sciences juridiques
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Barani, Luca. "Cour européenne de justice et les limites de son autonomie supranationale." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210478.

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La thèse effectue une revue de la littérature scientifique sur la Cour dans le processus d’intégration juridique, en classant les différentes positions selon qu’ils définissent le rôle de la Cour comme réactif ou pro-actif. En faisant cette revue de la littérature, cinq facteurs sont mis en exergue pour ce qui concerne la problématique de l’autonomie de la Cour, qui feront l’objet d’une analyse approfondie dans la suite de la thèse :

I) Limites inhérentes à l’interprétation juridique des Traités tels qu’ils se retrouvent dans les règles institutionnalisées du raisonnement de la Cour ;

II) L’interaction, au niveau européen, entre la Cour et les autres institutions ;

III) Les pressions et les stratégies d’influence des Etats membres vis-à-vis de la Cour comme agent de leurs préférences ;

IV) La dépendance structurelle de la Cour supranationale vis-à-vis ses interlocuteurs judiciaires au niveau national ;

V) Le degré d’obéissance que les appareils administratifs et exécutifs des Etats membres démontrent vis-à-vis la jurisprudence de la Cour.

Par rapport à ces facteurs, et leur importance relative dans la détermination de la ligne d’action de la Cour de Justice, la thèse évalue les changements et les défis auxquels est soumise la fonction de la Cour de justice au niveau de l’Union européenne, en particulier par rapport à l’environnement de plus en plus critique ou évolue la trajectoire jurisprudentielle de la Cour par rapport aux acteurs politiques et juridiques, l’érosion du caractère sui generis du droit communautaire dans le contexte du droit international, le rôle de plus en plus affiché des cours nationales, et le contexte institutionnel dans lequel se trouve à agir cette juridiction.
Doctorat en Sciences politiques et sociales
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Shi, Feng. "Principles of European Union water law." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.

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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.

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Defence date: 14 March 2022
Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Fee, Emma. "'A Europe without dividing lines': the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile?" Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.

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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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BARANSKI, Marcin. "Constitutional pluralism in the European Union : a critical reassessment." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.

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Defence date: 26 July 2021
Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)
The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
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CERAN, Olga. "Cross-border child relocation : national law in a united Europe." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.

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Defence date: 17 March 2022
Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.

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Defence date: 27 April 2021
Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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KARAGIANNIS, Yannis. "Preference heterogeneity and equilibrium institutions: The case of European competition policy." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.

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Defence date: 21 December 2007
Examining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
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Books on the topic "Administrative law – European Union countries"

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Law, Academy of European, ed. EU administrative law. 2nd ed. Oxford: Oxford University Press, 2012.

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Chiti, Edoardo, and Bernardo Giorgio Mattarella. Global administrative law and EU administrative law: Relationships, legal issues and comparison. Heidelberg: Springer, 2011.

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C, Rowe Gerard, and Türk Alexander, eds. Administrative law and policy of the European Union. Oxford: Oxford University Press, 2011.

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The European composite administration. Cambridge, [UK]: Intersentia, 2011.

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Chiti, Edoardo, and Bernardo Giorgio Mattarella. Global administrative law and EU administrative law: Relationships, legal issues and comparison. Heidelberg: Springer, 2011.

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Herwig, Hofmann, and Türk Alexander, eds. Legal challenges in EU administrative law: Towards an integrated administration. Cheltenham, UK: Edward Elgar, 2009.

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Herwig, Hofmann, and Türk Alexander, eds. Legal challenges in EU administrative law: Towards an integrated administration. Cheltenham, UK: Edward Elgar, 2009.

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The foundations of European Community law: An introduction to the constitutional and administrative law of the European Community. 4th ed. Oxford: Oxford University Press, 1998.

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The foundations of European Community law: An introduction to the constitutional and administrative law of the European Community. 5th ed. Oxford: Oxford University Press, 2003.

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Hartley, Trevor C. The foundations of European Community law: An introduction to the constitutional and administrative law of the European Community. 6th ed. Oxford: Oxford University Press, 2007.

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Book chapters on the topic "Administrative law – European Union countries"

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Alder, John. "The European Union." In Constitutional and Administrative Law, 209–32. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-47492-6_10.

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Alder, John, and Keith Syrett. "The European Union." In Constitutional and Administrative Law, 223–54. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60907-6_10.

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Ryan, Mark, and Steve Foster. "The European Union." In Unlocking Constitutional and Administrative Law, 437–62. 5th ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003262138-15.

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Barnett, Hilaire. "European Union Law and National Law." In Constitutional & Administrative Law, 185–217. Twelfth edition. | Abingdon, Oxon [UK] ; New York : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315458373-11.

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Barnett, Hilaire. "European Union Law and National Law." In Constitutional & Administrative Law, 196–222. 13th edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429322686-9.

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Alder, John. "The UK Constitution and the European Union." In Constitutional and Administrative Law, 139–62. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-15077-9_7.

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Barnett, Hilaire. "Structures and Institutions of the European Union." In Constitutional & Administrative Law, 155–84. Twelfth edition. | Abingdon, Oxon [UK] ; New York : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315458373-10.

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Barnett, Hilaire. "Structures and Institutions of the European Union." In Constitutional & Administrative Law, 155–95. 13th edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429322686-8.

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Lanceiro, Rui. "The Review of Compliance with the Aarhus Convention of the European Union." In Global Administrative Law and EU Administrative Law, 359–82. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-20264-3_17.

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Eliantonio, Mariolina, and Matthijs van Wolferen. "The plea of illegality in European Union law." In Indirect Judicial Review in Administrative Law, 219–40. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003164302-12.

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Conference papers on the topic "Administrative law – European Union countries"

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Beutel, Jochen, Edmunds Broks, Arnis Buka, and Christoph Schewe. "Setting Aside National Rules that Conflict EU law: How Simmenthal Works in Germany and in Latvia?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.

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At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.
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Kamber, Krešimir, and Lana Kovačić Markić. "ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.

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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Silvestru, Ramona camelia, Lavinia Nemes, and Catalin ionut Silvestru. "CHALLENGES AND OPPORTUNITIES IN KNOWLEDGE SHARING IN E-LEARNING PROGRAMS FOR PUBLIC ADMINISTRATION." In eLSE 2014. Editura Universitatii Nationale de Aparare "Carol I", 2014. http://dx.doi.org/10.12753/2066-026x-14-212.

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The G20 Moscow summit from 2013 highlighted the fact that human resource development remained a major priority for developing countries, especially low-income countries, with important impact on the priorities of other low income countries. When discussing about the current global economic development, about increasing economic competitiveness and reducing economic risks of global crises, we take also into consideration the role that governments and their staff can play in ensuring the adequate implementation of the various policy measures. In order for the government staff to perform at high levels of competence both in high and low income countries, especially in G20 members (Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, the Republic of Korea, Mexico, Russia, Saudi Arabia, South Africa, Turkey, the United Kingdom, the United States of America plus the European Union member states), we consider that continuous education / lifelong learning would be crucial in providing an enabling environment, with e-learning holding a key position, as it enables people, civil servants to deal with future challenges raised by knowledge and information society. In the framework of the technological, normative and procedural evolutions that influence how the staff from public administrations works and possible openness towards e-learning programs, while aware of the various pedagogic, administrative and economic factors that provide incentives as well as drawbacks in using e-learning in providing training to civil servants, we are interested in analyzing e-learning programs developed and used for public administration staff from several G20 states. Our analysis will be focused on assessing the dimensions of the e-learning systems, variety of courses via e-learning platforms, methodologies used in e-learning, possible limitations and challenges in providing e-learning programs to civil servants in several G20 states. The analysis will be conducted using public information available from national agencies with responsibilities in providing such trainings in various G20 states. Our recommendations are oriented towards stimulating the development of an enabling environment for improving inter-agencies and ministerial coordination by intervening at the levels of human resources from the government levels. In this respect, we promote a wider usage of electronic means in lifelong learning for the staff from public administrations and the sharing of information by electronic means aimed at ensuring further human resource development from the public administration. Moreover, we strongly consider that continuous human resource development in the public administration apparatus from the G20 states and knowledge sharing would provide adequate framework for ensuring that government priorities and policy coordination in order to achieve global economic stability, sustainable growth could be achieved, while also contributing to the development of knowledge and information society and economy.
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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.

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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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Macerinskiene, Irena. "INTANGIBLES ASSESSMENT IN EUROPEAN UNION COUNTRIES." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b24/s7.050.

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Montvilaite, Kristina. "ASSESSMENT OF FOREIGN DIRECT INVESTMENT CONVERGENCE POSSIBILITIES IN THE COUNTRIES OF THE EUROPEAN UNION." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b22/s6.009.

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Zemguliene, Jolanta. "THE PRODUCTIVITY SPILLOVERS AS THE SOURCE OF ECONOMIC GROWTH � AN EMPIRICAL ANALYSIS WITH EUROPEAN UNION COUNTRIES� DATA." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b23/s7.084.

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Ciornei, Laurenţiu, and Paula Munteanu. "Romanian Forest Sector Labor Force - Evolutions and Trends." In International Conference Innovative Business Management & Global Entrepreneurship. LUMEN Publishing, 2020. http://dx.doi.org/10.18662/lumproc/ibmage2020/32.

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As a trend of evolution, the labor force in the Romanian forestry sector is part of trajectory registered by the European Union, as a whole, because many of the member countries are still oriented on the traditional methods of administration, harvesting and processing. However, there are also developed countries with large forested areas (Finland, Sweden) that have embraced new technologies and adjusted management and production processes. This issue aimed, among other things, at reducing the number of people employed in the forestry sector. In Romania, increasing the number of the employees, based on the quantitative increase of jobs as result of the gross exploitation of resources, will slow down by adopting new technologies, reducing the consumption of natural resources, but also as an effect of economic shocks generated by the pandemic. For these reasons, according to our study, the low-skilled workforce will suffer, this being the most vulnerable category, as technological developments need employees with higher skills and abilities. Equally, the informal sector must be taken into account because it employs four times people more. Romania have to adopt those appropriate measures in order to help the incorporation of the labor force released from the forestry sector of resource exploitation into adjacent sustainable activities.
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Hadzhiyska, Adelina. "FOR THE "CIVIL CONFISCATION" OF ILLEGALLY ACQUIRED PROPERTY AND THE ENGEL CRITERIA." In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.284.

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This article aims to analyze civil confiscation in the context of the ECtHR's autonomous interpretation of the concept of "criminal charge". In this regard, the approved algorithm for verification is subjected and an assessment is made whether the so-called "civil confiscation" is criminal in nature. Attention is also paid to the legislative approach in settling this type of confiscation in accordance with the set minimum standards of European Union law.
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Yumagulova, E. R., A. A. Norekyan, and E. V. Yumadilova. "KEY ASPECTS OF THE NEW FOREST STRATEGY OF THE EUROPEAN UNION AND THE RUSSIAN FEDERATION." In webinar. Nizhnevartovsk State University, 2020. http://dx.doi.org/10.36906/es-2020/05.

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The paper describes problem features of deforestation and solutions in the EU countries and Russian Federation. The effectiveness of the EU policy and law in the field of forestry is supported by the steady growth of forest area for more than 60 years. Forest complex of Russia is in a major crisis now. Wood recourses insecurity of planned export performance of the timber industry complex and internal consumption is the main mistake of the Development Strategy for the Forestry Complex of the Russian Federation until 2030.
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Reports on the topic "Administrative law – European Union countries"

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Bourrier, Mathilde, Michael Deml, and Farnaz Mahdavian. Comparative report of the COVID-19 Pandemic Responses in Norway, Sweden, Germany, Switzerland and the United Kingdom. University of Stavanger, November 2022. http://dx.doi.org/10.31265/usps.254.

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The purpose of this report is to compare the risk communication strategies and public health mitigation measures implemented by Germany, Norway, Sweden, Switzerland, and the United Kingdom (UK) in 2020 in response to the COVID-19 pandemic based on publicly available documents. The report compares the country responses both in relation to one another and to the recommendations and guidance of the World Health Organization where available. The comparative report is an output of Work Package 1 from the research project PAN-FIGHT (Fighting pandemics with enhanced risk communication: Messages, compliance and vulnerability during the COVID-19 outbreak), which is financially supported by the Norwegian Research Council's extraordinary programme for corona research. PAN-FIGHT adopts a comparative approach which follows a “most different systems” variation as a logic of comparison guiding the research (Przeworski & Teune, 1970). The countries in this study include two EU member States (Sweden, Germany), one which was engaged in an exit process from the EU membership (the UK), and two non-European Union states, but both members of the European Free Trade Association (EFTA): Norway and Switzerland. Furthermore, Germany and Switzerland govern by the Continental European Federal administrative model, with a relatively weak central bureaucracy and strong subnational, decentralised institutions. Norway and Sweden adhere to the Scandinavian model—a unitary but fairly decentralised system with power bestowed to the local authorities. The United Kingdom applies the Anglo-Saxon model, characterized by New Public Management (NPM) and decentralised managerial practices (Einhorn & Logue, 2003; Kuhlmann & Wollmann, 2014; Petridou et al., 2019). In total, PAN-FIGHT is comprised of 5 Work Packages (WPs), which are research-, recommendation-, and practice-oriented. The WPs seek to respond to the following research questions and accomplish the following: WP1: What are the characteristics of governmental and public health authorities’ risk communication strategies in five European countries, both in comparison to each other and in relation to the official strategies proposed by WHO? WP2: To what extent and how does the general public’s understanding, induced by national risk communication, vary across five countries, in relation to factors such as social capital, age, gender, socio-economic status and household composition? WP3: Based on data generated in WP1 and WP2, what is the significance of being male or female in terms of individual susceptibility to risk communication and subsequent vulnerability during the COVID-19 outbreak? WP4: Based on insight and knowledge generated in WPs 1 and 2, what recommendations can we offer national and local governments and health institutions on enhancing their risk communication strategies to curb pandemic outbreaks? WP5: Enhance health risk communication strategies across five European countries based upon the knowledge and recommendations generated by WPs 1-4. Pre-pandemic preparedness characteristics All five countries had pandemic plans developed prior to 2020, which generally were specific to influenza pandemics but not to coronaviruses. All plans had been updated following the H1N1 pandemic (2009-2010). During the SARS (2003) and MERS (2012) outbreaks, both of which are coronaviruses, all five countries experienced few cases, with notably smaller impacts than the H1N1 epidemic (2009-2010). The UK had conducted several exercises (Exercise Cygnet in 2016, Exercise Cygnus in 2016, and Exercise Iris in 2018) to check their preparedness plans; the reports from these exercises concluded that there were gaps in preparedness for epidemic outbreaks. Germany also simulated an influenza pandemic exercise in 2007 called LÜKEX 07, to train cross-state and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007). In 2017 within the context of the G20, Germany ran a health emergency simulation exercise with WHO and World Bank representatives to prepare for potential future pandemics (Federal Ministry of Health et al., 2017). Prior to COVID-19, only the UK had expert groups, notably the Scientific Advisory Group for Emergencies (SAGE), that was tasked with providing advice during emergencies. It had been used in previous emergency events (not exclusively limited to health). In contrast, none of the other countries had a similar expert advisory group in place prior to the pandemic. COVID-19 waves in 2020 All five countries experienced two waves of infection in 2020. The first wave occurred during the first half of the year and peaked after March 2020. The second wave arrived during the final quarter. Norway consistently had the lowest number of SARS-CoV-2 infections per million. Germany’s counts were neither the lowest nor the highest. Sweden, Switzerland and the UK alternated in having the highest numbers per million throughout 2020. Implementation of measures to control the spread of infection In Germany, Switzerland and the UK, health policy is the responsibility of regional states, (Länders, cantons and nations, respectively). However, there was a strong initial centralized response in all five countries to mitigate the spread of infection. Later on, country responses varied in the degree to which they were centralized or decentralized. Risk communication In all countries, a large variety of communication channels were used (press briefings, websites, social media, interviews). Digital communication channels were used extensively. Artificial intelligence was used, for example chatbots and decision support systems. Dashboards were used to provide access to and communicate data.
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