Journal articles on the topic 'Civil law – european union countries – congresses'
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1
Křepelka, Filip. "Dominance of English in the European Union and in European Law." Studies in Logic, Grammar and Rhetoric 38, no. 1 (September 1, 2014): 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Hasanaj, Shkelzen. "Europeanization through Migration Policies: Legislative Comparison between Civil Law Systems and Common Law Systems." Academic Journal of Interdisciplinary Studies 7, no. 2 (July 1, 2018): 73–95. http://dx.doi.org/10.2478/ajis-2018-0049.
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Abstract Within the European Union there are several states that have implemented laws, often following different paradigms, to cope not only with the increase in migratory flows, but also to foster the integration and participation of the migrants themselves in socio-political and economic life. In recent decades, immigration into Europe has become a matter of primary and strategic importance for the definition of both internal policies and the external relations of the Union. The progressive settlement of substantial national and ethnic groups poses important economic, social and cultural challenges, to which the policies implemented have so far only partially responded. Guiding concepts like integration, assimilation and respect for diversity still struggle to find an adequate realization in the reception policies of the European states. In this regard, a real revolution in this area was the realization of the “common basic principles” of 2004, which made member states become aware of the respect for fundamental rights, non-discrimination and equal opportunities for all (Niessen,. Schibel, 2007), and it later became a mere “Common agenda for Integration”. In this context, we can recall the decision of the Council and of the European Parliament n.1983 / 2006 which proclaimed 2008 as the European Year of Intercultural Dialogue. With this research, we intend to analyze the regulations concerning the migration of European governments and how they have changed over time, paying particular attention to the activation of inclusion strategies in some European Union countries; at the same time, we intend to find a strategy for a possible cooperation in the management of migratory processes. The integration regulations launched in Italy, Germany, France and the United Kingdom will be examined from the 1940s to 2015 and a comparative study will be conducted between the Community policies and the policies of four countries chosen to highlight common features and divergences.
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Sauron, Jean-Luc. "Le rôle des États membres dans l’administration de l’Union européenne." Revue française d'administration publique 95, no. 1 (2000): 453–63. http://dx.doi.org/10.3406/rfap.2000.3412.
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The Role of Member States in the European Union Administration. The fact that relatively few civil servants work within the European Union is due to the application of Community law by Member States’ administrations under the supervision of the Community’s administration. National administrations have a role to play in the administration of the European Union during the negotiation, and in order to implement the EU legislation. Moreover, national administrations are an indispensable tool in ensuring effective integration of countries seeking to join the Union. This is why these candidate countries must reform their administrations and why all Member States must try to unify their ministerial structures as far as possible, in order to enhance the vertical application of Community law and to facilitate relations between States and between Member States and the Community’s administration.
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Tashian, Roman I., Bohdan P. Karnaukh, and Iryna O. Dzera. "Trends in the Development of Property Law: The Civil Law of Ukraine and the Experience of European Union Countries." Global Journal of Comparative Law 10, no. 1-2 (June 25, 2021): 91–104. http://dx.doi.org/10.1163/2211906x-10010008.
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Abstract The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.
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Lando, Ole. "Have the PECL Been a Success or a Failure?" European Review of Private Law 17, Issue 3 (June 1, 2009): 367–75. http://dx.doi.org/10.54648/erpl2009025.
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The article treats the impact of the Principles of European Contract Law (PECL), which were published in 2000 and 2003. They have had a considerable influence on law reforms in various European Countries, and has prompted the Commission of the EC to sponsor the bringing about of a Common Frame of Reference which is being prepared by the Study Group of a European Civil Code and other groups, and which is intended to operate as soft law. However, the author’s ambition that the PECL would bring about a binding European Civil Code of Contract applicable in the European Union and replacing the national laws will probably not be realised for a long time to come.
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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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Thiet, Tran Cong, and Vu Thi Duyen Thuy. "Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union." Studia Prawnicze KUL, no. 3 (September 28, 2021): 277–306. http://dx.doi.org/10.31743/sp.10660.
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In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance between economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environmental damage compensation in Vietnam.
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Zelentsov, Aleksandr B., and Viktor E. Gatsolati. "The Public Law Service of the State Registration of Civil Society Organizations." Administrative law and procedure 3 (March 10, 2022): 36–47. http://dx.doi.org/10.18572/2071-1166-2022-3-36-47.
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The article is devoted to the consideration of the theoretical and regulatory framework for the provision of public legal services for the state registration of civil society organizations during their establishment in Russia and in the member states of the European Union. A theoretical understanding of the concept of «civil society organization» is carried out and the types of these associations in our country are determined. The article reveals the relationship between the category of public law services and the concepts of public and state services. Analysis of individual provisions of the relevant legislative and other normative acts made it possible to identify shortcomings in the legal regulation of the provision of public legal services for state registration of civil society organizations in Russia and to formulate proposals for its improvement based on the experience of legal regulation of the legal relations in question in the countries of the European Union.
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Sosna, Alexandru, and Iuliana Gherman. "Protection of ownership in the Republic of Moldova, Ukraine, European Union. Comparative legal aspect." Supremacy of Law, no. 1 (January 2023): 73–86. http://dx.doi.org/10.52388/2345-1971.2022.e1.06.
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The paper deals with the problems of legal regulation of civil and legal protection of absolute civil rights in the Republic of the Moldova, Ukraine, as well as the European Union. Absolute civil rights, in particular, such as property rights, occupy an important place in the civil law system. These rights are fundamental not only to civil law, but also to the whole national legal system, because personal non-property rights are the basis of the vital activity of an individual, property rights, in particular property rights, are basic economic rights (rights intellectual property rights ensure the protection of literary, artistic, scientific and technical creative activity, and hereditary rights ensure effective civil succession). Therefore, a comprehensive scientific and legal general theoretical study of the whole range of issues concerning the grounds for the emergence of absolute civil rights, their place in the civil law system of Moldova, Ukraine and other countries, types of absolute civil rights in civil science, and their legislative consolidation is necessary and relevant. These surveys can be used in research, rule-making, educational activity.
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Economou, Athina, and Christos Kollias. "Terrorism and Political Self-Placement in European Union Countries." Peace Economics, Peace Science and Public Policy 21, no. 2 (April 1, 2015): 217–38. http://dx.doi.org/10.1515/peps-2014-0036.
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AbstractStudies have shown that citizens’ risk-perceptions and risk-assessment are affected by large scale terrorist acts. Reported evidence shows that individuals are often willing to trade-off civil liberties for enhanced security particularly as a post-terrorist attack reaction as well as adopting more conservative views. Within this strand of the literature, this paper examines whether terrorism and in particular mass-casualty terrorist attacks affect citizens’ political self-placement on the left-right scale of the political spectrum. To this effect the Eurobarometer surveys for 12 European Union countries are utilized and ordered logit models are employed for the period 1985–2010 with over 230,000 observations used in the estimations. On balance, the findings reported herein seem to be pointing to a shift in respondents’ self-positioning towards the right of the political spectrum.
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Ploszka, Adam. "Shrinking Space for Civil Society: A Case Study of Poland." European Public Law 26, Issue 4 (December 1, 2020): 941–60. http://dx.doi.org/10.54648/euro2020072.
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This article discusses the phenomenon of shrinking space for civil society organizations in Poland, a Member States of the European Union and Council of Europe. It describes the tools used by Polish public authorities to restrict the operational capacity of civil society and compares these tools with the applicable constitutional and human rights standards. The article’s summary presents recommendations concerning the methods of addressing this phenomenon in Poland, which are capable of being applied in a broader context of other countries of Central and Eastern Europe. human rights, ECHR, shrinking space, civil society
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Betlem, Gerrit. "Standing for Ecosystems—Going Dutch." Cambridge Law Journal 54, no. 1 (March 1995): 153–70. http://dx.doi.org/10.1017/s0008197300083197.
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Traditionally, common lawyers are used to examining other jurisdictions of their legal family as a source of inspiration for law reform or even as persuasive authority for the development of case law. Developments in continental civil law jurisdictions are less noted. However, particularly in the field of public law, English law is now being influenced by civil law concepts through the mediation of Community law.1 Product liability provides an example in private law of rules shared by the civil and common law jurisdictions of the European Union due to harmonisation by the Product Liability Directive. An important new area of non-contractual liability is environmental liability. Firmly established in the United States, liability for damage to the environment is increasingly being introduced in many countries around the world.3 In the European Union, the first step towards Community-wide legislation was taken in March 1993 with the publication of a Green Paper by the Commission.4 One of the many controversial aspects of a possible environmental liability regime is the issue of standing to sue.
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Mendzhul, M. V., and N. O. Davydova. "The mechanism of civil law regulation of property relations of partners in de facto unions." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 124–27. http://dx.doi.org/10.24144/2307-3322.2021.65.22.
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The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions there is a special legal mechanism (Sweden, Hungary, Slovenia, Croatia, Catalonia, Portugal, Scotland, Ireland and Finland).The provisions of the Lithuanian Civil Code on the regulation of de facto marital relations, as well as the legislation of Croatia, Sweden, Norway and other countries are analyzed. It was found that in Scotland, civil partnerships were allowed for same-sex couples back in 2005, and for people of the opposite sex only from June 30, 2021.It is substantiated that in the context of Europeanization of private law, the position on the need to amend the Family Code of Ukraine and introduce the term «de facto union» recommended by the Commission on European Family Law in the Principles of European Family Law on property rights, maintenance and succession of couples in de facto unions.It is proved that in the process of Europeanization of private law the institution of de facto union should be regulated by the norms of the Family Code of Ukraine, which, taking into account the recommendations of the Commission on European Family Law should be improved as follows: contract on selling a dwelling in which partners live, as well as household items, is made with the consent of both partners; to guarantee partners the right to file a claim to the court for consent to dispose of the property without the consent of the other partner; to guarantee the principle of freedom of contract between partners in de facto unions; establish the right to compensation for a significant contribution to the property (or business) or profession of another partner; guarantee the right of the partner to inherit equally with the spouses, etc.
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Krasniqi, Safet, Valton Shala, Rilind Hoti, and Armend Podvorica. "Cultural diversity, civil rights, and the status of foreigners in some European Union countries." Corporate Law and Governance Review 5, no. 2 (2023): 92–99. http://dx.doi.org/10.22495/clgrv5i2p10.
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The aim of the topic is the scientific and analytical treatment of European Union (EU) legal documents and their harmonization in the field of civil rights. This research article explains the cultural diversity in EU countries and the difficulties that court decisions have in dealing with individuals’ cases coming from countries outside the EU. As an example, we took the orders of the courts of the EU countries (Pacula, 2020) with special emphasis on Spanish and Moroccan citizens living in Spain (Mehdi, 2008), their problems with the law in force, and with respect to international standards. Our findings show that emigration to EU countries of citizens from countries outside the EU, among other things, also shows the existence of cultural differentiation. Whereas diversity is about the different cultural unification of the individual, it has a reluctance to accept these differentiations. Regarding mass immigration to EU countries, the guarantee and provision of basic rights and freedoms must be done through the harmonization of legal norms that are also related to the needs of multinational corporations for the workforce. The recognition and acceptance of the external judicial decision would also make possible the factual and legal acceptance of the existence of cultural diversity.
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Varul, Paul. "The Creation of New Estonian Private Law." European Review of Private Law 16, Issue 1 (February 1, 2008): 95–109. http://dx.doi.org/10.54648/erpl2008005.
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Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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Margolis, Justin. "When Jumbo Jets Share the Sky: Civil Aviation in the European Union and the United States of America." European Foreign Affairs Review 19, Issue 1 (February 1, 2014): 83–100. http://dx.doi.org/10.54648/eerr2014005.
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The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
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Vékás, Lajos. "Über die Privatrechtskodifikationen im kulturhistorischen Spiegel." osteuropa recht 69, no. 4 (2023): 420–29. http://dx.doi.org/10.5771/0030-6444-2023-4-420.
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The following article by Prof. Lajos Vékás deals with the historical backgrounds of European civil law codifications, as well as their range and impacts on nowadays’ societies. Firstly, the article characterizes the traits and values of private law codifications by applying the word “canon“, defined as a mandatory and fixed rule by comparing the accomplishment of renaissance art, that captured fundamental mediations of ancient art in a modernizing way with the accomplishment of private law codifications that have systematized the ancient rules of roman law. Secondly, the article highlights the challenges of a comprehensive and coherent codification of a civil code and its advantages over a casuistic unfixed rule of law, especially mentioning the influence of codifications on the demand of legislative, as well as judiciary action. Besides, the article concerns the impacts, as well as the range of a private law codification on social relations in general. Hereby, the author illustrates the similarities and differences between private law codifications and constitutions and their effects on the institutional development of societies in European countries. Moreover, the article emphasizes the key role of social life of private law codifications, by considering the civil law legislation, which sets the basic frame of social life while defining absolute rights, whereby the author compares the Hungarian civil code to other historically significant civil law codifications. Furthermore, the author emphasizes the essential role of civil codes by setting up unity and sovereignty to European states. In that context, the author also mentions the potential of the civil law harmonization attempts by the European Union to realize a gradual unification between the laws of European countries.
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Ates, Leyla, Moran Harari, and Markus Meinzer. "Positive Spillovers in International Corporate Taxation and the European Union." Intertax 48, Issue 4 (April 1, 2020): 389–402. http://dx.doi.org/10.54648/taxi2020035.
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The international spillover effects of specific domestic policies and practices have been subjected to increasing scrutiny from a range of international organizations, academia, and civil institutions with tax policy and practice both central in this discussion. Nevertheless, the extant international tax spillover analyses explore a limited set of spillover pathways or indicators that have been criticized in the literature for not being sufficiently inclusive. The focus of this article is on a newly launched index that includes a comprehensive set of plausible pathways in which spillovers occur. The Corporate TaxHaven Index (CTHI) explores twenty key tax spillover indicators under five categories and assesses sixty-four countries’ tax systems in order to identify policies that should be considered for corporate tax reform to mitigate cross-border tax spillovers. This article particularly aims to highlight international corporate tax spillover pathways in the European Union Member States’ domestic tax laws, regulations and documented administrative practices but limits its scope to domestic tax rules that dispense with positive spillovers. Finally, it analyses Member States’ current performance and concludes with recommendations for future tax reforms in the European Union. Tax spillovers, Corporate Tax Haven Index, transparency rules, public accountability, country by country reporting, mandatory disclosure rules, tax rulings, extractive contracts, anti-avoidance rules, controlled foreign company rules, deduction limitation.
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Basedow, Jürgen, Jan Dietze, Stefan Griller, Manuel Kellerbauer, Marcus Klamert, Luigi Malferrari, Tibor Scharf, Dominik Schnichels, Daniel Thym, and Jonathan Tomkin. "European integration: Quo vadis? A critical commentary on the PSPP judgment of the German Federal Constitutional Court of May 5, 2020." International Journal of Constitutional Law 19, no. 1 (January 1, 2021): 188–207. http://dx.doi.org/10.1093/icon/moab017.
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Abstract In its judgment of May 5, 2020, the Second Senate of the German Constitutional Court qualified for the first time a judgment of the Court of Justice of the European Union (CJEU)—C-493/17 Weiss—as “arbitrary from an objective perspective” and declared the underlying European Central Bank (ECB) decisions regarding the Public Sector Purchase Programme (PSPP) to be ultra vires. It requested the German Government and the German Parliament to take steps against the PSPP in its current form and to ensure that the ECB conducts a proportionality assessment of its PSPP. The judgment also prohibits the German Central Bank from participating, after a grace period of three months, in the implementation and execution of the ECB decisions at issue, unless the ECB assesses and substantiates that the measures provided for in its decisions satisfy the principle of proportionality. The present article, which was written by academics, lawyers, and civil servants from five countries, casts a critical eye on the judgment of the German Constitutional Court. It identifies significant shortcomings from both a German constitutional and a European Union perspective.
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Korneva, P. M. "Conflicting regulation of relations in the field of medical tourism: the experience of the European Union." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 364–69. http://dx.doi.org/10.24144/2307-3322.2021.65.66.
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The article is devoted to the study of the peculiarities of the conflict regulation of relations in the field of medical tourism in the European Union. The author analyzes the concept of «medical tourism» and other terms used to denote the phenomenon of travel of persons to foreign countries to receive medical services («cross-border healthcare», «medical tourism», «medical travel»). The article analyzes the regulation of the EU-member states and supra-national regulation of private law aspects in the field of medical tourism. In particular, the peculiarities of receiving medical care by citizens of the European Union, which are regulated with the Directive of the Euro-pean Council and the Parliament 2011/24 / EU on the application of patients’ rights in cross-border healthcare. The author concludes that the conflict regulation of medical tourism in the European Union is based on the general conflict rules on the conclusion and implementation of contracts in the field of services and insurance, as well as compensation for damage caused by improper performance of contracts or civil offenses (torts), resolving conflicts of jurisdiction, etc. Special conflict regulation of relations in the field of medical tourism in the European Union is not developed. At the same time, the author emphasizes the significant gaps in the conflict regulation of certain issues related to medical tourism, especially such debatable as cross-border surrogacy, organ transplantation, eutha-nasia and others. The author supports the view that for the countries of the European Union today in the context of medical tourism for the purpose of surrogacy in countries where such a procedure is legal, relevant today are issues of conflict regulation, such as determining the nationality of the child; recognition of paternity (origin of the child); recognition of birth certificates of a surrogate mother issued in other countries.
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Prytyka, Yurii D., Mykhailo M. Khomenko, and Ievgeniia A. Bulat. "The Reform of Civil Legislation on Legal Liability." Global Journal of Comparative Law 10, no. 1-2 (June 25, 2021): 105–22. http://dx.doi.org/10.1163/2211906x-10010009.
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Abstract The article is devoted to the research of the institute of civil liability through the prism of recoding of the civil legislation of Ukraine. Particular attention is paid to the experience of a number of European Union countries in reforming civil legislation. The study used the following methods: dialectical, formal and legal, comparative legal. In the process of future recoding of the civil legislation of Ukraine, it is proposed to focus the attention of the expert community on the following problems: defining a system of non-contractual obligations; overcoming the dominance of blanket norms in the main act of civil law; revision of fundamental approaches to terms of exemption from civil liability; full revision of the rules governing liability for breach of monetary obligations; the need to enshrine pre-contractual liability rules; the implementation of institution of collective redress in substantive civil law; rethinking of approaches to the regulation of conditioning obligations.
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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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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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Baklouti, Nizar, Frédéric Gautier, and François Aubert. "Effect of the legal system country of European commercial banks on the financial distress." International Journal of Accounting and Economics Studies 4, no. 2 (November 26, 2016): 168. http://dx.doi.org/10.14419/ijaes.v4i2.6839.
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This study examines the effect of the legal system on the governance of banks and hence on financial distress. We compare corporate governance to the legal system in 18 countries of the European Union to explain the relationship between financial distress and bank governance. Using a sample of 147 commercial banks, we find that the effect of the legal system really counts. The results also suggest that banks operating in common law and civil law countries tend the concentration of ownership and board size to the effect of increasing the likelihood of financial distress. This study contributes to research in the governance of enterprise to provide empirical evidence that the legal system has the power to influence the financial health of banks.
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Baklouti, Nizar, Frédéric Gautier, and François Aubert. "Effect of the legal system country of European commercial banks on the financial distress." International Journal of Accounting and Economics Studies 5, no. 1 (February 28, 2017): 40. http://dx.doi.org/10.14419/ijaes.v5i1.6558.
Full textAbstract:
This study examines the effect of the legal system on the governance of banks and hence on financial distress. We compare corporate governance to the legal system in 18 countries of the European Union to explain the relationship between financial distress and bank governance. Using a sample of 147 commercial banks, we find that the effect of the legal system really counts. The results also suggest that banks operating in common law and civil law countries tend the concentration of ownership and board size to the effect of increasing the likelihood of financial distress. This study contributes to research in the governance of enterprise to provide empirical evidence that the legal system has the power to influence the financial health of banks.
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MÁRQUEZ CHAMIZO, ESPERANZA, and AUGUSTO PANSARD ANAYA. "Enforceability of the agreements reached in the European Union. Some reflections." Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no. 10 (July 1, 2014): 37–70. http://dx.doi.org/10.24310/rejie.2014.v0i10.7717.
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The legal system in Spain is undergoing a process of convergence with our neighboring countries in the European Union. Directive 52/2008 on mediation in civil and commercial matters has been recently transposed by the Law 5/2012, of July 6th. This is the first rule about civil and commercial mediation in the state level and it happens when mediation begin to be considered as an alternative to prosecution or via arbitration, as it involves a system of conflict resolution, that can help to get the right to judicial protection, keeping the Courts as a last resort andturning the citizen into active protagonist of the solution of their own conflict.This paper aims to analyze the questions about the mediation agreement in European Union, their enforceability and binding effects, the procedure to be followed or the effectiveness of the agreements reached therein.The gradual consolidation of mediation between legal operators involves reflection on the model adopted in our system, because this method has meant a great improvement in all Member States legal system. It is necessary to promote the culture of mediation to bring this institution to all sectors of society involved.
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Goncharova, A. V. "European rules of liability for inherited debts experience for Ukraine." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 39–42. http://dx.doi.org/10.24144/2788-6018.2021.03.6.
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This research examines the procedure for establishing liability for inherited debts of the testator. It is noted that the inheritance law of some European countries is undergoing transformation. Discussions on the future of inheritance law in Europe have not yet been completed, and it remains to be seen whether it has begun at all. One of the key issues is the area of liability for inheritance debts, which is present in any system of inheritance law and occupies an important place.
The article highlights the main problems of European practice on the basis of Polish law and suggests that this may be the starting point for resolving this issue on a wider European scale. Modern problems are caused by the fact that most of the principles of settlement of inheritance law were borrowed from Roman private law. Daily practice shows that the solutions developed by the legislator are not always able to satisfy modern realities. Disputes over the settlement of inheritance relations are particularly noticeable in countries that have historically been part of the so-called Eastern bloc. In the light of the ever-growing demand for the unification of substantive law, inheritance in the European Union, as well as the entry into force of Regulation (EC) № 650/2012 of the European Union and the creation of a European Certificate of Inheritance, it is interesting to study. Debt inheritance research is currently lacking in a study by scholars.
We state the fact that inheritance law is a branch of civil law. In some countries, there is a principle that no one should maintain an inheritance against their own. Legislators create opportunities for potential heirs in different ways. Therefore, we propose to create a mechanism in legal systems that uphold the principle of universal succession, according to which the passive attitude to the inheritance of any heirs is equated to the submission of an application for acceptance of the inheritance. In fact, this is natural, as renunciation of inheritance is less common in practice than acceptance.
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Lukasevych-Krutnyk, Iryna. "The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 28, 2020): 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.
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The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines
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Alpa, Guido. "European Community Resolutions and the Codification of ‘Private Law’." European Review of Private Law 8, Issue 2 (June 1, 2000): 321–34. http://dx.doi.org/10.54648/268927.
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Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a real market hindrance, while uniform private law rules emerge as conditions precedent for the implementation of the single market. Projects directed towards the harmonisation of private law through codification have faced various criticisms. Alpa tries to address these. He notes first the trend towards convergence of (some aspects of) national laws that has been observed by comparative lawyers and the existence of unifying frameworks such as the constitutional law of the EU and the European Convention on Human Rights. He then briefly addresses three particular issues: (i) the problems allegedly created by the difference between common law and civil law structures, (ii) claims concerning value of legal pluralism and the undesirability of eliminating national cultural characteristics, and (iii) the argument that techniques of harmonisation other than the drafting of a Civil Code are more appropriate. The paper concludes with a note on issues of the drafting and structure of a possible future Code.
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Vadhanavisala, Onvara. "Democracy Towards Authoritarianism Under Illiberal Populist Leaders in Hungary and Poland." Central and Eastern European Review 13, no. 1 (December 1, 2019): 31–48. http://dx.doi.org/10.2478/caeer-2020-0002.
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Abstract A quarter of a century ago, the Soviet Union dissolved and the Cold War ended. Now the current political era involves a broad challenge to liberal democracy in the European Union. Central European countries such as the Czech Republic, Hungary, the Republic of Poland, and the Slovak Republic (‘the Visegrád Group’) joined the EU in 2004 with the hope that the post-Cold War era would be one of peace and stability in Europe, including (most importantly) the expansion of Europe’s democracy. A turning point came in 2014, however, when the Syrian refugee crisis hit the EU and caused a political ‘about face’. The European refugee and migrant crisis have strengthened right-wing populism among the European countries, including the Visegrád group. Obviously there are certainly similarities between the populist rhetoric of Hungary’s ruling party, Fidesz, and the Law and Justice party (known as PiS) which is governing the Republic of Poland. The two countries appear to be following the same path of becoming ‘illiberal democratic’ states. The templates of authoritarianism which both countries have adopted involve the following: the restriction of civil society and the independence of the media, control of the judiciary and the court system, together with the transformation of the constitutional framework and electoral law in order to consolidate power. This paper analyses two examples of authoritarian populist leaders: first, Viktor Orbán, the Prime Minister of Hungary of the Fidesz Party and, second, Jarosław Kaczyński, a leader of the Law and Justice Party (PiS) in Poland. A brief description of each is provided as a background for the discussion which follows.
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Beiter, Klaus D., Terence Karran, and Kwadwo Appiagyei-Atua. "Academic Freedom and Its Protection in the Law of European States." European Journal of Comparative Law and Governance 3, no. 3 (August 28, 2016): 254–345. http://dx.doi.org/10.1163/22134514-00303001.
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Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.
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Rasskazova, V. V. "Settlement and Release in European Legislation." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 61–68. http://dx.doi.org/10.32631/v.2020.2.05.
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Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice.
The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries.
According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release.
The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.
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Pano, Doriana. "Hybrid Democracies of the Western Balkans." Interdisciplinary Journal of Research and Development 10, no. 1 S1 (May 20, 2023): 59. http://dx.doi.org/10.56345/ijrdv10n1s109.
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The governance models of Western Balkan states are now based on a liberal democracy and the development of an open and free economy. In the early 2000s, the European Union was very active in the Western Balkans, strongly promoting democratic values for good governance and strengthening the implementation of the rule of law, democratizing state institutions, with the aim of creating a legal order to protect and respect human rights. Despite the engagement of European Union structures, it is now evident that in some countries of the Western Balkans, there are tendencies towards an authoritarian model of the state, away from a functional system for effective governance. The reasons are mainly due to internal factors and circumstances of the region. The international factor has consistently criticized these governance models being created in some Western Balkan countries, which take the form of hybrid democracies. This form of governance has already established its own status quo and is an approach that is resistant to change, both by international factors and by domestic governmental/political structures. The integration of Western Balkan states into Euro-Atlantic institutions, especially the European Union, remains the main topic of discussion for key leaders, not only within the region but also among the main leaders of the European Union member countries. Integration is a complex process that requires mutual cooperation. On the one hand, serious commitment is required from Western Balkan countries to meet the conditionality criteria, and on the other hand, the European Union must be willing to undertake concrete initiatives for their inclusion. These initiatives may also require reforms within the structures of the European Union. Diplomatically, initially, traditional bilateral relations were seen as the most reliable alternative to achieve Euro-Atlantic integration, which the Western Balkan countries aspire to so much. Despite numerous efforts, the Western Balkan countries now feel "fatigued" from the long wait, resulting from difficult conditions and technicalities. The governance of the region's countries is under constant pressure from bureaucracy and the weakness in decision-making of European Union institutions, as well as from the constraints and conditions applied over the years. This situation has led to an "internal upheaval" both within the political class and the civil society of Western Balkan countries. High-ranking political leaders of some Western Balkan countries have now taken joint political initiatives with regional significance. Based on the various developments in a complex region such as the Western Balkans, this paper aims to present the implications that may arise in the Euro-Atlantic integration process from the involvement of actors with different geo-strategic interests.
Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023
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Stonkus, Saulius. "Harmonization of Aviation Safety and Security Legal Regulation in the European Union: Impact on the Global Convergence of Aviation Law." Teisė 125 (December 30, 2022): 131–44. http://dx.doi.org/10.15388/teise.2022.125.8.
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This paper deals with civil aviation, which is highly international. Therefore, harmonization of regulation in this area on a global scale is inevitable, which means that aviation law requires an integrated approach. However, only slightly over half of the countries fully comply with the standards issued by the International Civil Aviation Organization for basic international aviation regulation, which poses a serious threat to aviation safety and security. In this respect, the integrative nature of the European Union offers us to look at the Union’s activities in the context of aviation regulation. The aim of this paper is to investigate the impact that the harmonization of civil aviation safety and security regulations in the EU has on the development of global aviation regulations. The paper provides a more detailed analysis of the beginning and further integration of the EU’s internal aviation market and the formation of the Union’s external policy in this area, which has played a key role in harmonizing the legal framework for aviation safety and security. The study revealed the preconditions for the harmonization of aviation safety and security rules in the European Union highlighted the essential features of this process and its impact on the convergence of aviation regulation on a wider scale (beyond the EU).
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Voronko, Oleksii. "APPLICATION OF ASTRENT UNDER THE LEGISLATION OF CERTAIN COUNTRIES OF THE EUROPEAN UNION AND RUSSIA." Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi, no. 8 (December 26, 2019): 127–34. http://dx.doi.org/10.33098/2078-6670.2019.8.20.127-134.
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Purpose. The purpose of the article is to study the content and comparative analysis of the mechanisms for the use of asthma in France, the Benelux countries, Germany, Italy, Portugal, Russia, as well as its regulation by EU legislation. Method. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The study used the principles of objectivity and integrity, as well as general scientific, special legal and philosophical methods of scientific knowledge: induction, deduction, analysis, synthesis. Comparative, functional and legal. Results: The study found that an asthma was a means of influencing a debtor to fulfill his obligations voluntarily. This remedy is based on the idea that the prospect of paying a higher sum than that arising from the obligation should force the debtor to execute the decision without delay. Over time, the use of astringent has proven to be particularly effective in enforcing binding decisions and in taking action to secure a claim or evidence. An asterant is an indirect way of enforcing a judgment and acts as an influence or pressure on the obliged party to enforce the court decision. In this case, the payment of the asthma does not release the debtor from the obligation, which is confirmed by the executive document. Scientific novelty. Analyzing the international experience, it is argued that it is advisable to use the astringent procedure in the Ukrainian civil law. Practical significance. The results of the study can be used in law-enforcement and law-enforcement activities in the investigation of crimes related to financial misconduct.
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Tkachuk, I. O. "TYPES OF DIRECTORS’ FIDUCIARY DUTIES IN COMMON LAW COUNTRIES." Constitutional State, no. 53 (April 15, 2024): 124–30. http://dx.doi.org/10.18524/2411-2054.2024.53.300727.
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The article seeks to explore the types of fiduciary duties assigned to a director of a legal entity in Common Law countries. It focuses on the essence, characteristics, and legal nature of the fiduciary duties and presents existing pieces of scientific research in this field, identifies specific features and provides the list of types of fiduciary duties in the Common Law countries. Ukraine’s integration in the European Union proves the need for significant amendments to Ukrainian laws in order to bring them into harmony with the EU laws. This creates preconditions for full-featured integration of the concept of company officials’ fiduciary duties in the national legal system. The profound exploration and research of fiduciary duties and, in particular, their types within English law may contribute to adaption of the Ukrainian company laws to the European Union standards, inter alia, when it comes to recodification of civil laws of Ukraine. The article seeks to explore the types of fiduciary duties assigned to a director of a legal entity in Common Law countries using analysis, analogy, deduction, induction, synthesis, legal and historical, systematic and functional, as well as comparative methods of cognition. It focuses on the essence, characteristics, and legal nature of the fiduciary duties and presents existing pieces of scientific research in this field, identifies specific features and provides the list of types of fiduciary duties in the Common Law countries. The analysis of the provisions of English laws has revealed that fiduciary duties in the Common Law countries are based on the institute of trust and depend on the nature of parties’ relations and duties. By virtue of the authority vested in a company director by law, the director often fulfills fiduciary duties in respect of their company. The key element underlying the director’s fiduciary duties is loyalty to the company. Despite the detailed regulation at the level of law and court precedents, there is no exhaustive classification of fiduciary duties by certain types. Therefore, it is feasible to introduce a classification of types of fiduciary duties in national legislation, which would facilitate the development of corporate governance. The existence of clear types of fiduciary duties would also allow for the introduction of liability for their breach.
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Fruscione, Alessandro. "Dual Use Items: A Whole New Export Regulation in the European Union." Global Trade and Customs Journal 17, Issue 3 (March 1, 2022): 136–40. http://dx.doi.org/10.54648/gtcj2022018.
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On 9 September 2021, Regulation (EU) no. 821/2021, of the European Parliament and of the Council, of 20 May 2021, relating to the control of exports, brokering, technical assistance, transit and transfer of dual-use items, i.e., all those products, including software and technologies, which can be used for both civil and military purposes, came into effect. The new Regulation has as its main objective (see in particular ‘Whereas (5)’ in the preamble to the Regulation) that of making the common system for the control of exports of dual-use items even more effective, to ensure compliance with the commitments and responsibilities of the Member States and of the Union, particularly in the fields of non-proliferation, regional peace, security and stability and respect for human rights and international humanitarian law. For these purposes, the definitions of ‘dual-use products’ and ‘exporter’ have been expanded and, moreover, a specific Article (8) is dedicated to the issue of technical assistance, which in the previous Regulation (428/2009) was covered exclusively in certain explanatory notes in the Annexes. The changes in this Regulation also concern the authorizations for the export from the European Union of ‘dual-use’ goods: a whole new ‘large project authorization’ (Article 2 (14) of the Regulation) has been created, which consists of an individual export authorization or a global export authorization granted to one specific exporter for a type or category of dual-use items, which may be valid for exports to one or more specific end-users in one or more specified third countries for the purpose of a specified large-scale project. This permission can relate to intra-group technology transfers and cryptography. Also with regard to the procedures for the export of dual-use items, the European Union decided to make use of the ‘Internal Compliance Programmes’, already present in other legislative sectors of the Union. Dual use export controls, authorizations, civil, military, technologies, compliance, exportation, controls, Regulation
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Pohribnyi, Serhii O., and Oleksii O. Kot. "Updating the Civil Code of Ukraine as a guarantee of effective interaction between the state and society." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 106–14. http://dx.doi.org/10.37635/jnalsu.28(1).2021.106-114.
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The study analyses the current provisions of the Civil Code of Ukraine and judicial practice, examines international acts of civil legislation. Considering the need to update civil legislation to the legislation of the European Union countries, as well as gradually approaching the recommendations of the European Union in the property sphere, it is concluded that Article 1 of the Civil Code of Ukraine should be modernised by moving the phrase “civil relations” to the end of this sentence, since civil relations are such relations that meet all the criteria defined in Part 1 of this article, that is, relations based on legal equality, free expression of will and property independence of their participants. Based on the analysis of the provisions of the Civil Code of Ukraine, it is proposed to replace such a feature as “property autonomy”, which should be inherent in all civil relations, with a more accurate phrase – “property insulation”. It is considered that the Civil Code of Ukraine should be designed both for relations in which their participants set the goal of making a profit, and for relations in which participants do not pursue such a goal. The study proves the need to restore the status of the Civil Code of Ukraine as a core act for all public relations with private law content. To implement the idea of the Civil Code of Ukraine as a core act for private law, attention is drawn to the need to review the mechanism for ensuring the status of the Civil Code of Ukraine as the main act of civil legislation of Ukraine. After all, the mechanism laid down in Part 2 Article 4 of the Civil Code of Ukraine turned out to be ineffective: the text of the Civil Code of Ukraine was amended by any laws without taking into account the specific features of the mechanism of civil law regulation of such relations. It is considered that at the stage of updating the civil legislation, it is necessary to return to consolidating the list of legal forms for creation of legal entities in the Civil Code of Ukraine and thus harmonise Ukrainian legislation with European approaches to regulating the institution of a legal entity, as well as a number of contracts that were forcibly excluded from the Civil Code of Ukraine in 2003 to develop and fill in the text of the Civil Code of Ukraine
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Barskyy, V. R., and D. Yu Dvornichenko. "HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS." Constitutional State, no. 42 (July 7, 2021): 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.
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The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.
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Zečević, Slobodan. "Contribution to discussions about existence of the constitutional law of the European Union." Arhiv za pravne i drustvene nauke 11, no. 1 (2023): 9–27. http://dx.doi.org/10.5937/adpn2301009z.
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In relation to the topic, the formal absence of a legal text called the constitution of the European Union is noticeable. Simple logic dictates the conclusion that in absence of European constitution, there is no constitutional law of the European Union. However, the reality is much more complex than it seems. The United Kingdom, for example, does not have a written act called a constitution, but instead several constitutional contents whose sources are in laws, legal practice and so-called constitutional customs. Germany also formally does not have a constitution, but a Fundamental Law that pursue a constitutional role. The term is not apparently so important but the status of the text. The constitution is a set of norms that are supreme, stable and difficult to change. It accords competences to the state bodies and guarantee essential civil rights and freedoms. The relevant question in this case is the existence of constitution and constitutional law of the European Union, not in a formal, but in an essential sense. The European Union does not have the characteristics of a unitary, but could it be considering as a federal state? In political-legal theory, opinions appeared that such a thing is impossible for the following reasons. As an example of the emergence of a federal state, the history of the United States of America is cited. According to the constitution of 1878, the US received competences in foreign affairs, defense, monetary policy, as well as in the field of protection of fundamental rights and freedoms. The European Union rested on the process of federalization in the economic area. The treaties establishing the Community and the Union have merged the national markets of the member states into one. Originally the European Communities did not have powers in foreign affairs, defense, security and justice. Only in 1993, with the Maastricht Treaty, the newly created European Union get the possibility to take decisions in the aforementioned areas, but even then federal mechanisms were not applied. The rule was unanimous decisions of represents of member states government reassemble in the Council of EU. The state sovereignty was preserved. For the obvious lack of authority at the supranational level, the European Union cannot currently be considered as a classic federal state. However, it can be observed as a sort of federal community, which was originally intended to evolves into something more than that. In a historical sense, this situation in itself is not new. It also appeared in the 19th century with the so-called emerging federal states such as the United States of America, the Swiss Confederation, Germany, Canada or Australia. However, the European Union is a permanent political-legal structure that has certain attributes of a federal state. The notion of a federal community, allows to take into account the essential role of the member states in such system of integration. The federal community as a permanent entity, rests on the contractual relationship that defines the common goals of its members. The aforementioned goals in practice change the internal conditions in the member states, but also their global political status. Several indications point to the federal nature of the European Union. The use of the term Union is not harmless. The founding fathers of the US Constitution of 1878, called their new created federal state Union in order to mark the difference with the previously existing Confederacy. The inspires of the European Union in the constitutive treaty emphasize that its main goal is to constantly create closer ties between European nations. This sentence indirectly indicates a strong, integrative, federal dynamic. In its legal practice, the Court of Justice does not ignore the initial international nature of constitutive treaties, but points to the following. The treaties establishing the Communities and the European Union represent the basis of an independent, hierarchically organized legal order, the kind that states have. As the highest legal act and source of law, they have a constitutional function. The law of the European Union is directly integrated into the law order of the member states and has primacy in relation with the national law. The legislative acts of European derivative law (regulations, directives, decisions) cannot contradict the provisions of the founding treaties. Like the Supreme Court in a federal state, the Court of Justice of the European Union control the compliance of legislative acts with constitutive treaties. The same principle applies in the field of international relations. An international agreement concluded by the European Union or its member states must be in accordance with the provisions of the founding treaties. Their constitutionality is checked by the Court of Justice. The Lisbon Treaty gave the European Union another federal distinction. It recognizes to the European Union a possession of legal personality, which means a full legal capacity to conclude international agreements with other countries and international organizations. The division of competences between the federal state and its members is for many the essence of the federalist legal order. The parallel existence of two levels of government imposes the need to clearly demarcate the fields of action of one and other authorities. In 2009 the Treaty of Lisbon established a principled delimitation of European and national competences. This is another step in the direction of federal legal regulation. The existence of European citizenship gives to the European Union one more federal characteristics. European citizens acquire rights and obligations parallel to those related to national citizenship. Opponents of such a solution were those who believed that the Union represents only an international organization. The founding treaties assign competences to the institutions of the Union, as well as guarantee basic human rights and freedoms. The legislation of the European Union determines the functioning of the member states and in many areas directly or indirectly governs the life of their citizens. Treaties establishing the European Union have in practice a constitutional role and value.
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Gaona Prieto, Rodrigo, Andrés De Castro, and José-Ignacio Antón. "Evaluation of a training program of African gendarmes' in Spain under the European Union GAR-SI Sahel project." Policing: An International Journal 45, no. 2 (February 2, 2022): 266–81. http://dx.doi.org/10.1108/pijpsm-06-2021-0082.
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PurposeThis article provides the first assessment of the training program of African gendarmes from the so-called Sahel countries in the Special Training Center of the Spanish Civil Guard in Spain. This action is part of the European Union GAR-SI Sahel project, embedded in the framework of the international cooperation of the European Union with Africa and aims to create effective counter-terrorism police tactical units in the area.Design/methodology/approachThe study exploits instructors' assessment on the evolution of the 167 participants over the program from 2017 to 2019 and the satisfaction of attendants with the training action, using 22 Likert-type items and an open question. It employs both quantitative tools (descriptive and inferential statistical methods and multivariate techniques) and qualitative methods (content analysis of participants' comments).FindingsThe research finds evidence of a high participants' performance according to trainers and large levels of satisfaction among participants. The authors also discuss the differences found by country of origin and rank of the gendarmes who participated in the trainings.Originality/valueThis study is the first to provide an evaluation of the police training actions embedded GAR-SI Sahel project, part of much larger initiative of cooperation of the European Union with Africa.
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Kovalenko, I. A. "Analysis of the harmonization of contract law Ukraine with the law of the European Union." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 181–85. http://dx.doi.org/10.24144/2307-3322.2023.78.1.29.
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The introduction of European norms into national legislation can cause certain problems and disagreements.The reasons that can lead to such disagreements, which are mentioned in the statement of the problem, are primarily cultural and historical differences. Countries have their own cultural and historical characteristics that affect their legal systems. European norms may not always take these differences into account, which may lead to differences in the interpretation and application of the law.The reason is the needs and peculiarities of the national economy, because each country has its own economic structure and needs. European norms may not take into account the specifics of the national economy, which may lead to disagreements and cause difficulties in the implementation of certain provisions.European norms may be formulated ambiguously or leave certain aspects uncertain. This can lead to differences in the interpretation and application of the law, as well as to different approaches in court decisions, which is legal ambiguity.Time constraints and the accelerated process of harmonization are also one of the reasons due to differences between Ukrainian and European law. The implementation of European norms can take place at a fast pace, which can make it difficult to adapt and ensure full compliance with national legislation. This can lead to ambiguities and inappropriateness in the legal system.And integration with European law can create challenges in ensuring a unified mechanism for control and dispute resolution. Differences in the interpretation and application of European norms can create problems in resolving disputes between the parties. Therefore, the lack of a single control mechanism is also a reason.Ukrainian contract law needs legislative adaptation. After all, the implementation of European norms requires significant changes in national legislation. This can cause difficulties and require time and resources to implement the necessary reforms.One of the reasons is the lack of full compliance. Ukraine may have difficulties in achieving full compliance with European norms due to various factors, such as backwardness in the development of the legal system, corruption, insufficient legal culture, etc. This can lead to unresolved issues and disagreements with European law.The next reason is the implementation of requirements and standards. Harmonization of contract law with European norms requires the introduction of new requirements and standards. This can be a challenge for government bodies, lawyers, courts and other participants of the legal system, who must familiarize themselves with the new rules, acquire the necessary skills and abilities to apply them.Harmonization of contract law to European standards may also require significant financial costs. This is due to the need for reforms, training of specialists, development and implementation of new laws and legal instruments. The government and other stakeholders must commit sufficient resources to ensure successful harmonization, which is a challenge.The reason for the discrepancy between domestic and European law is the interaction with other branches of law. Harmonization of contract law can affect other areas of law, such as economic, civil and labor law.Changes in one area may necessitate changes in the corresponding areas, which may cause complications and disagreements in their interaction.Harmonization of contract law requires broad public support and involvement. This means the need to inform citizens, businesses and other interested parties about the changes, hold consultations and take into account their opinions and suggestions. Support and involvement of society is needed. Despite these challenges, the harmonization of contract law of Ukraine with European law remains important and necessary. This will contribute to the creation of a single legal space, increased protection of the rights of citizens and enterprises, development of trade and investments, and improvement of justice.However, it is important to take into account the specificities and needs of the country when implementing European norms, ensuring a balance between global standards and national realities.
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Gvozdevičs, Andrejs. "Prasības nodrošinājuma iespējamie procesuālie risinājumi Latvijā: salīdzinājums ar Lietuvas, Igaunijas un Krievijas Federācijas pieredzi." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 16 (2020): 49–63. http://dx.doi.org/10.25143/socr.16.2020.1.049-063.
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Rakstā tiek analizēts prasības nodrošinājuma regulējums atsevišķās valstīs Eiropas Savienībā (Lietuvā, Igaunijā) un ārpus tās (Krievijā), salīdzinot prasības nodrošinājuma procesuālos risinājumus ar Latvijā spēkā esošo prasības nodrošinājuma tiesisko regulējumu, tādējādi izkristalizējot procesuālos problēmjautājumus un norādot uz nepieciešamību izdarīt grozījumus Latvijas Civilprocesa likumā [1]. The article analyses the regulation in some European Union countries (Lithuania, Estonia) and outside it (Russia), comparing procedural solutions of securing a claim with the legal regulation of securing a claim in Latvia, thus crystallizing procedural issues and pointing to the necessary amendments to the Civil Procedure Law of Latvia.
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Kivalova, T. S., and O. O. Bondaryuk. "Legal regulation of combating child abduction in international family law." Uzhhorod National University Herald. Series: Law 3, no. 81 (April 19, 2024): 245–50. http://dx.doi.org/10.24144/2307-3322.2024.81.3.36.
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The obligation of states in accordance with the Convention on the Civil and Legal Aspects of International Child Abduction to carry out the immediate return of the child is not always effectively implemented due to the procedural defects of the Convention [1], which is confirmed by the practice of its application at the international level. Based on the analysis of the rulings of the European Court of Human Rights, some procedural gaps of the Hague Convention of 1980 [4] are investigated and ways to solve them are proposed. Today, in the conditions of war, solving the issue of child abduction is an urgent necessity not only in Ukraine, but in many European countries. Every year, the statistics of child abduction crimes are increasing in all countries of the world. The issue of non-implementation of foreign court decisions by countries is one of the biggest problems today. In order to fulfill the obligations imposed by the Convention of 1980, the states are obliged to create competent bodies and adopt legislation corresponding to the norms of the Convention. Actualization of children’s rights in the modern world is becoming one of the key tasks of every country. Application of international documents regulating procedural issues of cross-border child abduction in the countries of the European Union as an example for other countries. Regulation of the situation that provoked the international abduction of children also by the norms of international procedural law as an additional set of measures aimed at the fastest return of the child to his usual life, a simplified and shortened procedure for obtaining the status quo. There is an exclusive opinion in the world that in the absence of crimes related to the abduction or trafficking of children, relations regarding the return of children should be regulated only at the international level by concluding international treaties.
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Didych, T., and A. Shevchenko. "European integration as the main direction of the external functions of Ukraine: a comparative legal analysis based on the experience of Hungary." Uzhhorod National University Herald. Series: Law 1, no. 79 (October 9, 2023): 35–39. http://dx.doi.org/10.24144/2307-3322.2023.79.1.5.
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This scientific article attempts to show the complexity of the European integration path using the example of Hungary. The first Hungarian stage was the Association Agreement signed by the European Community on November 13, 1991. The ratification process was long. Hungary ratified the agreement on December 13, 1993. The EU, declaring Hungary a candidate for the European Community, demanded a few economic and political reforms from it. In 1994, the Hungarian Parliament authorized the government to apply to the EU for Hungary’s admission as a full member of this organization, the Republic of Hungary becomes an associate member of the Union. In December 1997, the Council of Europe began negotiations on the accession of six countries, including Hungary, to the EU. However, the date of their final accession to the EU was constantly postponed by its leadership due to internal difficulties experienced by the European Union. A characteristic feature of the modern world development of countries is their activation of integration processes in Europe and the world. Even those countries that are not part of integration associations inevitably feel this influence. Recalling the last European territorial expansion, Ukraine became a direct neighbor of the EU. Which in time opens new opportunities for deepening cooperation with the latter. the integration of Ukraine into the European community, and subsequently its membership in the EU, does not mean the automatic creation and functioning of a new model of civil society and the rule of law in Ukraine as a whole. The main problem is the fact that Ukrainian citizens need to independently, with the help of external, international, as well as internal factors, build a model of domestic civil society with all its accompanying features and elements, thereby practically proving their commitment to the basic values of Europe, demonstrating readiness for real changes and reforms within our state. A step in this direction is also one of several still unresolved problems standing in the way of integration processes in Ukraine.
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Didych, T., and A. Shevchenko. "Comparative and legal aspects of cooperation between Ukraine and Hungary on the way to the EU." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 591–95. http://dx.doi.org/10.24144/2788-6018.2023.05.106.
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The main problem is the fact that Ukrainian citizens need to independently, with the help of external, international, as well as internal factors, build a model of domestic civil society with all its accompanying features and elements, thereby practically proving their commitment to the basic values of Europe, demonstrating readiness for real changes and reforms within our state. A step in this direction is also one of several still unresolved problems standing in the way of integration processes in Ukraine. A characteristic feature of the modern world development of countries is their activation of integration processes in Europe and the world. Even those countries that are not part of integration associations inevitably feel this influence. Recalling the last European territorial expansion, Ukraine became a direct neighbor of the EU. Which in time opens new opportunities for deepening cooperation with the latter. the integration of Ukraine into the European community, and subsequently its membership in the EU, does not mean the automatic creation and functioning of a new model of civil society and the rule of law in Ukraine as a whole. The first Hungarian stage was the Association Agreement signed by the European Community on November 13, 1991. The ratification process was long. Hungary ratified the agreement on December 13, 1993. The EU, declaring Hungary a candidate for the European Community, demanded a few economic and political reforms from it. In 1994, the Hungarian Parliament authorized the government to apply to the EU for Hungary's admission as a full member of this organization, the Republic of Hungary becomes an associate member of the Union. In December 1997, the Council of Europe began negotiations on the accession of six countries, including Hungary, to the EU. However, the date of their final accession to the EU was constantly postponed by its leadership due to internal difficulties experienced by the European Union. Using the example of Hungary, an attempt is made to show the complexity of the European integration path.
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Mohiqi, Mohammad Mustafa. "Data's Nature and Its Prevailing Right under Islamic Law." International Journal of Multicultural and Multireligious Understanding 10, no. 3 (March 15, 2023): 221. http://dx.doi.org/10.18415/ijmmu.v10i3.4559.
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Currently, data has acquired significant economic value due to the fast-paced development of information technology and data analysis. Due to the emergence of data as a key resource in the economy, the development of legal rules governing them has become increasingly important. Meanwhile, the protection of personal data is one of the civil rights of every individual, and their information should be appropriately protected. Under GDPR, personal data is protected in the European Union. There are still a number of countries, however, that do not have an independent law on data protection, or that have not yet finalized the draft law they have on data protection. Among the Islamic countries, Iran, Iraq, and Afghanistan lack comprehensive laws on the protection of personal data. Other Islamic countries with regulations concerning the protection of personal data can refer to Islamic jurisprudence for clarification if there is a gap in these laws. Thus, in this study, we discussed the nature of data in Islamic law and the laws governing it. Regarding this, it is noteworthy that data is considered property under Islamic law and is governed by ownership laws.
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Lubelska-Sazanów, Małgorzata. "The Wild Differences in Law when Trading in Wild Animals: a US and EU Perspective." American Journal of Trade and Policy 5, no. 2 (August 31, 2018): 39–48. http://dx.doi.org/10.18034/ajtp.v5i2.434.
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This paper aims to show the differences between a regular animal trade and trade in wildlife in the European Union (EU) and in the United States (USA/US). Although the ideas towards using the international sale of animals are similar in the US legal system and in the EU legal system, they have very different foundations. The European model aims for policy – neutral rules of private international law agreed on a multilateral basis, whereas the American approach uses unilateral rules of private international law based on a country’s own domestic interests. Even though there are still no binding international conflict of law rules that would apply to contracts between parties from the US and European countries, this problem could easily be solved in contract law by choosing the law applicable to the contract. However, though the conflict of law rules in the situation where one of the States of the USA is involved might be different in each case. That is the reason why the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was drafted. Unfortunately, the conclusion based on the material presented in the article is that CITES is not effective enough. Therefore, although the law on the sale of animals leads to similar solutions in USA and in EU, even though it is based on different legal systems (common law and civil law countries), it leads to totally different solutions concerning the law on wild animals.
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DZYUBENKO, I. "А. MAKARENKO'S IDEAS ON THE FORMATION OF PUPILS' CITIZENSHIP AND THEIR IMPLEMENTATION IN THE COUNTRIES OF THE EUROPEAN UNION." ТHE SOURCES OF PEDAGOGICAL SKILLS, no. 21 (March 9, 2018): 66–69. http://dx.doi.org/10.33989/2075-146x.2018.21.206048.
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The development of modern Ukraine as a legal, democratic, socially oriented state and the creation of a civil society is organically linked with the reform of the education system on a humanistic basis, the definition of a new strategy for education as a multicomponent and multi-vector system, which greatly shapes the future development of the Ukrainian state.At the current stage of Ukraine's development, the lack of civic consciousness of school youth, lack of awareness of the foundations of democratic citizenship, the importance and effectiveness of human rights institutions, the rule of law, and the role of youth in these processes are acutely felt. An important role is played by the question of the formation of a citizen, his civic culture, education in the legal, social and political fields. The problem of preserving the national pride and strengthening the patriotic sentiment of the student youth is acute.The purpose of the article is to consider the relevant domestic pedagogical experience and experience of leading democratic countries, in particular the European Union countries, about the effective process of forming the citizenship of a student as a civil society actress, a citizen-patriot of Ukraine, acting on the basis of national and European values.
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PETRUKHIN, M. V., and A. N. PETRUKHINA. "INSTITUTE OF THE FINANCIAL OMBUDSMAN IN RUSSIA AND THE EUROPEAN UNION COUNTRIES: THE ARGUMENTS “FOR” AND “AGAINST”." Herald of Civil Procedure 11, no. 1 (April 20, 2021): 208–24. http://dx.doi.org/10.24031/2226-0781-2021-11-1-208-224.
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The article is devoted to a new method of out-of-court dispute resolution for domestic law – the institution of financial ombudsman. The article explores the history of the institution; based on the analysis of the Federal Law of 4 June 2018 No. 123-ФЗ “On the Commissioner for the Rights of Consumers of Financial Services”, the author identified problems of the functioning of this institution in the Russian Federation (the absence in Russian legislation of the purpose of the financial ombudsman, the introduction of mandatory pre-trial settlement of the dispute by the financial ombudsman, the absence of the financial ombudsman’s right to reduce the amount of the penalty, the absence of the right to recover a fine in case of violation of the rights of a consumer of financial services, etc.), and also suggested ways to solve them. As possible vectors for the development of the institution under study, the researchers propose to expand the concept of a conflict of interest, establishing the same grounds for challenging a financial commissioner, which are established by civil procedural legislation for challenging a judge. And also, provide the financial ombudsman with the right to reduce the penalty charged to the financial organization, and provide the financial ombudsman with the right to collect a fine from the financial organization.