To see the other types of publications on this topic, follow the link: Civil procedure – European Union countries.
Journal articles on the topic 'Civil procedure – European Union countries'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Civil procedure – European Union countries.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
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.
Full textAbstract:
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.
2
Kupryashina, Elena A., Snezhana S. Khalimonenko, Aleksander A. Nasonov, Ekaterina A. Novikova, and Sergey F. Shumilin. "Extradition under the Legislation of the Russian Federation and Member States of the European Union." Cuestiones Políticas 37, no. 65 (August 2020): 93–102. http://dx.doi.org/10.46398/cuestpol.3865.07.
Full textAbstract:
The document analyzes the legislation of the Russian Federation and the member states of the European Union on extradition from the point of view of its compliance with the current European Convention on Extradition. It also makes proposals to improve the rules of the Criminal Procedure Code of the Russian Federation that regulates the extradition procedure. Methodologically, the work uses scientific methods of analysis and synthesis, as well as the historical, comparative method, all in an integrated approach. Among the conclusions, the fact that for the previous legal provisions to work, its consolidation only in the Code of Criminal Procedure of the Russian Federation is insufficient. The first step to put them into practice could be to discuss the issue of making the necessary amendments to the Convention on Legal Assistance and Legal Relations in Civil Matters, as well as in the Family and Criminal Affairs regulations of January 22, 1993, of which the countries of the European Convention on Extradition are parties.
3
Danielyan, A. S. "Electronic evidence in the civil procedure of foreign countries (on the example of the European Union, Switzerland, Ukraine)." Law Gazette of the Kuban State University, no. 3 (2021): 62–70. http://dx.doi.org/10.31429/20785836-13-3-62-70.
Full text
4
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.
Full textAbstract:
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.
5
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.
Full textAbstract:
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.
6
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.
Full textAbstract:
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.
7
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.
Full textAbstract:
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.
8
Stefanchuk, M. "The staff of the Public Prosecutor’s Office in Ukraine: in search of optimal ways of formation." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 246–52. http://dx.doi.org/10.24144/2307-3322.2021.68.43.
Full textAbstract:
It has been provided a comparative study of the national legal systems of some European Union member states with a high level of civil society confidence in the justice system, in terms of the formation of the prosecutor’s office as part of this system.
It has been stated that in order to substantiate the timeliness and demand for measures of the current stage of reforming the prosecutor’s office in Ukraine, the criterion of the level of civil society trust in the prosecutor’s office is set, which fully meets the European standard of functioning of this institution in a democratic society.
Taking into account the unsatisfactory state of functioning of the existing model of prosecution authorities in Ukraine, from the point of view of the level of support provided by society, there is a need to study the formation of prosecutors in foreign countries in order to gain successful experience in establishing this important institution in the state justice system.
It has been highlighted the peculiarities of the legal policy on determining the qualification requirements for candidates for the position of prosecutor, selection procedures and professional training of prosecutors in the Member States of the European Union with a high level of civil society trust in institutions that provide due justice.
It has been established that a high level of civil society trust to the justice system is, to a decisive extent, a projection of a certain legal policies of these states, aimed at methodological academic and special professional training of the judiciary staff, including prosecutors.
It is concluded that simplification of the procedure for selection and training of prosecutors may not always indicate its improvement, as only a systematic change in the special training of candidates for the position of prosecutor and further training of incumbent prosecutors, taking into account best practices, can contribute to high level their professional competence as a prerequisite for increasing the level of trust of civil society in the prosecutor’s office as an institution as a whole.
9
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.
Full textAbstract:
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.
10
Zwęgliński, Tomasz. "Polish Approach to Sharing Resources Deployable for the EU Civil Protection Mechanism." Internal Security 13, no. 1 (September 27, 2021): 143–58. http://dx.doi.org/10.5604/01.3001.0015.2905.
Full textAbstract:
Poles are highly aware of the fact that Polish civil protection assets are being deployed abroad in order to assist other disaster- and crisis-stricken countries around the world. Such a type of urgent assistance provided from one country to another in an emergency response situation is regulated and organised by the European Union. Poland, as a state participating in the EU international system, is very active in sharing its civil protection assets, such as in the Beirut explosion case in Lebanon (2020), and during forest fires in Sweden (2018). Using its civil protection resources to assist other countries poses a question on the potential influence of such activities on the homeland’s internal security. Solving the problem has to be preceded by answering the following question — How is the process of international civil protection deployment organised in Poland? Responding to this question required utilising such methods as a review and analysis of literature sources on the European dimension of civil protection, EU legal regulations, statistics, reports as well as Polish standard operating procedures and internal regulations on the national level and was the key method applied in the research. Furthermore, semi-formal interviews with Polish and EU experts were done. The findings prove that operational planning in the researched area is well organised, which significantly diminishes the identified risk for internal security.
11
Rose-Ackerman, Susan. "From Elections to Democracy in Central Europe: Public Participation and the Role of Civil Society." East European Politics and Societies: and Cultures 21, no. 1 (February 2007): 31–47. http://dx.doi.org/10.1177/0888325406297132.
Full textAbstract:
The new European Union member states in Eastern Europe do not have fully consolidated democracies. True, popularly elected legislatures are responsible for lawmaking, and citizens can challenge the case-by-case implementation of the law. But most statutes are not self-implementing. Before they can be put into effect, governments need to issue general regulations and guidelines that add specificity to the statutory scheme. At present, this type of government policy making often is not democratically accountable. Procedures inside government lack transparency and accountability, and organized civil society groups that are engaged in advocacy and oversight are few in number and often weakly institutionalized. The Central European experience has lessons for countries further to the east that are poorer and less democratic. Here, full-fledged public participation in the government rule making may not be feasible, but other aspects of the transition to democracy in Central Europe may provide relevant models—for instance, external pressure, government oversight institutions, and grassroots democracy.
12
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.
Full textAbstract:
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
13
Solovei, A. "Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
Full textAbstract:
In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
14
Grigorieva, Tamara A., Svetlana P. Kazakova, Alena V. Kruzhalova, Regina V. Fomicheva, and Liliya G. Scherbakova. "Pandemic-Driven E-Justice in a Civil Process: Comparative Legal Analysis." Vestnik Tomskogo gosudarstvennogo universiteta, no. 472 (2021): 235–47. http://dx.doi.org/10.17223/15617793/472/28.
Full textAbstract:
The aim of the work is to identify gaps in the regulatory framework containing the rules and procedures for the actions of persons participating in the civil law process, in the presence of external factors, namely, during a pandemic, in order to improve procedural legislation based on the relevant experience of different countries. When conducting a study of legislation, judicial acts regulating the possibility of administering justice under quarantine conditions, general scientific methods of analysis, synthesis, generalization, forecasting, as well as specific scientific methods - comparative legal, formal logical, forecasting, were used. The regulatory framework, acts of courts regulating the issues of administering justice in conditions of self-isolation were analyzed. The features of the impact of the pandemic on judicial activities in Russia, in the Republic of Kazakhstan, in the European Union, as well as in the UK were revealed. Remote means of communication with the court were investigated, as well as consideration of a court case in a civil law process using the means of online interaction. In Russia, the pandemic, along with the use of electronic justice through the systems Moy Arbitr and Pravosudie, became an incentive for the introduction of online meetings in arbitration courts, various types of web conferences. In the Republic of Kazakhstan, quarantine measures became the reason for the greater use of the TrueConf service, the mobile courtroom. The European Union increased the interaction of courts in a distance format with the help of the European eJustice portal. The UK is distinguished by its progressive approach to the legislative settlement of the circumstances associated with remote proceedings. The tasks of electronic justice are set, which must be solved by Russia in an emergency situation. In conclusion, the authors infer that the pandemic had an impact on the introduction of new information technologies in the civil process. The technical component of e-justice is important, but it is impossible to ensure its implementation without fixing the procedural rules in the relevant codified sources. Despite the fact that the legal proceedings in Russia are at a high level and an example in this issue for other countries, it is necessary to refer to the experience of the Republic of Kazakhstan, where a special mobile application TrueConf was developed, which does not require stationary equipment and is more accessible to citizens without contacting specialists. As for the UK, in the authors' opinion, it is worth paying attention to the responsiveness of the legislature regarding the issues that need to be resolved in order to normalize the work of the judicial system in emergency situations during the pandemic.
15
Dziemianowicz, Ryta, Aneta Kargol-Wasiluk, and Renata Budlewska. "Fiscal councils as an element of the concept of fiscal governance in the European Union member states." Equilibrium 11, no. 4 (December 31, 2016): 675. http://dx.doi.org/10.12775/equil.2016.030.
Full textAbstract:
Fiscal governance is defined as a combination of institutions, rules and norms that structure good governance in the area of fiscal policy. It can be named as the specific mechanism of coordination by using of tools such as: budgetary procedures (legislative fiscal rules), fiscal rules (numerical) and independent fiscal institutions/ fiscal councils. Fiscal governance focuses on how the fiscal policy is planned, approved, conducted and monitored, including the involvement of not only public bodies, but the business sector and civil society too. In this study, particular attention was paid to capturing the essence of the relationship between the qualitative elements of fiscal councils activity and its impact on stabilizing the public finances in the view of fiscal governance concept. During the last world crisis in the EU countries, an interest in establishing fiscal councils has increased. Before 2008 there were only seven institutions in the EU, while in 2014 there are already 19. The question is - are these institutions efficient in stabilizing public finances? Therefore, the main objective of the article is the assessment of the role of the fiscal councils in the coordination of the fiscal policy in the EU Member States. The conducted analysis verifies this role on the basis of theoretical deliberation of the current state of the art. The empirical research verifies fiscal councils’ dependence on fiscal balance of EU countries. Research was conducted on the basis of the European Commission, Eurostat and International Monetary Fund data sets.
16
Kovacek-Stanic, Gordana. "The principle of self-determination in the family law through history and today." Zbornik Matice srpske za drustvene nauke, no. 116-117 (2004): 159–78. http://dx.doi.org/10.2298/zmsdn0417159k.
Full textAbstract:
In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.
17
Chetverikov, A. O., and T. S. Zaplatina. "Migration and Legal Regulation of the Admission of Foreign Scientists to the EU to Conduct Scientific Research at European Mega-Science Facilities." Lex Russica, no. 1 (January 19, 2021): 135–47. http://dx.doi.org/10.17803/1729-5920.2021.170.1.135-147.
Full textAbstract:
In the context of the reform of migration legislation in Russia, proceeding from the Concept of State Migration Policy of the Russian Federation for 2019-2025 and the Strategy of Scientific and Technological Development of the Russian Federation in 2016, the paper examines the experience of the supranational legal system of the European Union to create a special procedure for the admission of scientists from countries outside the EU, for the purpose of conducting scientific research in EU megascience facilities (experimental reactors, particle colliders, the synchrotrons, etc.).The subject of the study is the provisions of Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016. "On the Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Research, Studies, Training, Voluntary Service, Pupil Exchange Schemes or Educational Projects and Au Paring" in the part relating to scientists ("Researchers" in the terminology of the Directive).Following the general characteristics (history of adoption, action in time, space and in the circle of persons, conceptual apparatus), the general and special conditions for admission of foreign scientists to the EU, the legal features of "admission agreements" with research organizations of the EU member States and migration documents (residence permits or visas for long-term stay), on the basis of which foreign scientists enter and engage in research activities in the EU, are considered.The final section specifies alternative legal mechanisms for the admission of foreign scientists to the EU — civil law and employment contracts (contracts), including within the framework of the application of EU legislation on the labor migration of highly skilled workers from third countries and the European blue card established by this legislation.
18
Vennikova, V. V. "Disputes in the sphere of social security: ways of prevention, essence and methods of resolution in the countries of the European Union." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.
Full textAbstract:
The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.
Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.
It was determined that a social model has developed in European countries, which is based on such values common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values also formed the basis of consideration and resolution of disputes in the field of social security. The listed values should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.
In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
19
Mendzhul, M. V. "Progress towards equality in the practice of the ECTHR and the partnership agreement in de facto alliances." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 171–75. http://dx.doi.org/10.24144/2307-3322.2021.66.45.
Full textAbstract:
The article examines the progress towards equality in the practice of the ECtHR and its significant impact on the partnership agreement in de facto alliances. It has been established that over the last thirty-five years, the approaches of the European Court of Human Rights to the issue of the right of same-sex partners to family life and its formal recognition have undergone significant changes. It was found that the issue of discrimination was the subject of a number of cases concerning various rights of homosexual unions.
It is substantiated that in the aspect of the right to formal recognition of same-sex partnerships by the state, the decision of the European Court of Human Rights in the case “Oliari and others v. Italy ». It was found that despite many years of case law of the European Court of Human Rights and the provisions of Council Regulation № 2016/1104, not all EU countries have provided legal certainty for same-sex couples, even in the form of civil partnerships (namely, Slovakia, Poland, Romania, Bulgaria, Latvia and Lithuania).
The French experience of regulating the procedure for concluding, essential conditions of a partnership agreement, as well as the procedure for its termination is studied.
It is substantiated that taking into account the European integration processes in Ukraine, reforming its private law according to European standards, our state, given the principle of equality and positive obligations under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms should guarantee partners in de facto unions sex legal certainty. In our opinion, it is optimal to amend the Central Committee of Ukraine and grant the right to conclude civil partnership agreements to persons regardless of the article. At the same time, the IC of Ukraine must maintain a heteronomous approach, ie guarantee the right to marry persons of the opposite sex, which fully complies with Art. 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Given that a partnership agreement can be an effective legal regulator of relations between individuals in de facto unions, it is worth borrowing the positive experience of France in improving Ukrainian legislation.
20
Čygas, Donatas, Vilma Jasiūnienė, and Mantas Bartkevičius. "ASSESSMENT OF SPECIAL PLANS AND TECHNICAL DESIGNS WITH REGARD TO TRAFFIC SAFETY." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 15, no. 4 (December 31, 2009): 411–18. http://dx.doi.org/10.3846/1392-3730.2009.15.411-418.
Full textAbstract:
Traffic safety situation in Lithuania, despite the progress made in 2008, is still not good enough compared to the other European Union countries. Therefore, Lithuania implements the traffic safety improvement measures affecting all the elements of the traffic safety system “Road user‐road‐vehicle”. In 2008 Lithuania started implementing the road safety audit procedure which substantially contributes to the improvement of safety situation on Lithuanian roads. This article gives the analysis of road safety audits of special plans and technical designs for road construction and reconstruction in Lithuania, makes the analysis of the main deficiencies of plans and designs and gives recommendations for their elimination. Santrauka Eismo saugumo situacija Lietuvoje, nepaisant 2008 m. pasiektos pažangos, vis dar yra nepakankamai gera, palyginti su kitomis Europos Sąjungos šalimis. Atsižvelgiant į tai, Lietuvoje įgyvendinamos eismo saugumo gerinimo priemonės, darančios įtaką visiems eismo saugumo sistemos „Eismo dalyvis–kelias–transporto priemonė“ elementams. Lietuvoje 2008 m. buvo pradėta taikyti kelių saugumo audito procedūra, kuri prisideda prie eismo saugumo gerinimo Lietuvos automobilių keliuose. Straipsnyje pateikta Lietuvoje atliktų specialiųjų planų ir automobilių kelių tiesimo bei rekonstrukcijos techninių projektų kelių saugumo auditų analizė, išanalizuoti pagrindiniai planų ir projektų trūkumai, pateiktos rekomendacijos jiems šalinti.
21
Jeretina, Urša. "Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (June 1, 2016): 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.
Full textAbstract:
Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.
22
Riabokon, Ievgen, Yevhen Fursa, Olha Tsybulska, Alina Goncharova, and Olena Kryzhevska. "The concept of non-contractual obligations in inheritance law: international legal experience." Revista Amazonia Investiga 10, no. 45 (October 29, 2021): 221–29. http://dx.doi.org/10.34069/ai/2021.45.09.22.
Full textAbstract:
The article is devoted to the study and analysis of such areas of civil law as non-contractual structures, within the inheritance law of individual European Union countries, the emergence, development and implementation of such structures in regulations governing the inheritance procedures of countries such as Poland, Czech Republic, Republic of Lithuania and the Republic of Latvia. The purpose of the study in the monograph is a comprehensive analysis of the nature and specifics of legal and doctrinal bases of regulation and practice of non-contractual constructions in the inheritance law of individual EU countries (Poland, Czech Republic, Lithuania, and Latvia). As a result of the study the concept of non-contractual constructions of inheritance law is formed in the work. The types of non-contractual constructions, first of all their dialectical classification, architecture and place in the system of inheritance law are singled out and analyzed. An analysis of their identification and separation in different states, depending on the legal family, traces the integrity of the fundamental structure of knowledge about the obligatory rights of the testator within the will, heirs and beneficiaries in their biocentric expression and in the context of social ties. Emphasis is placed on rethinking and solving some problems in inheritance law, from the point of view of new world realities.
23
Borovska, I. A., and A. V. Petrovskyi. "Implementation features of the court case management in the civil proceedings of Ukraine." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 68–74. http://dx.doi.org/10.24144/2788-6018.2022.06.13.
Full textAbstract:
The article is devoted to research of fundamental principles of the court case management, it’s entity and place in the civil justice principle system, interrelations with other principles of civil justice, as well as specific of implementation during the course of individual procedural procedures in civil proceedings.
The article considers doctrinal scientific approaches regarding the legal nature of principles of the court case management, as well as certain aspects of principle of the court case management understanding as one of the fundamental principles associated with the effectiveness of justice through compliance with standards of civil proceedings, developed for the European Union countries.
In the context of conducted research about legal nature understanding of court’s procedural activity during civil proceedings in the doctrine of civil procedural law regarding to assigning ability of attributing it to an independent principle of civil proceedings, the statement was defined: the principle of judicial leadership is a separate functional principle of civil proceedings, which is integrated with the norms of procedural law and in connection with other general principles, such as the principles of access to justice, the rule of law, as well as the sectoral principles of civil proceedings - adversarial, dispositivity, proportionality; their implementation with the goal of discretionary powers by the court within separate differentiated procedural procedures and, at the same time, in combination with other principles, to fulfill the goal of civil justice. To substantiate the above, the norms of the civil procedural legislation of Ukraine were analysed, in which the principle of judicial leadership finds its direct and indirect embodiment.
On the basic of theoretical research and national civil procedural legislation review, the scientific position regarding nature of principle of the court case management have been formulated by a following feature extraction. It has been determined that the principle of the court case management is characterised by the following features: 1) it’s in a inextricable interconnection with other principles of civil proceedings, such as proportionality, dispositiveness, adversarial; 2)it’s used as a implementation of principles of civil justice during the execution judicial discretion within the limits of certain differentiated procedural procedures; 3) regarding to functional principles of civil proceedings it reflects legislation realisation as the norm of direct regulatory action by defining the role of the court as civil procedural legal relations member during the civil proceedings - a combination of powers and procedural actions of the chairman in the court session and indirect realisation through the prism of combination with other principles of civil justice.
According to the results of the conducted research, respective conclusions have been formulated.
24
Domres, MD, Bernd D., AlBadi Rashid, MD, Jan Grundgeiger, MD, Stefan Gromer, MD, Tobias Kees, MD, Norman Hecker, and Hanno Peter. "European survey on decontamination in mass casualty incidents." American Journal of Disaster Medicine 4, no. 3 (May 1, 2009): 147–52. http://dx.doi.org/10.5055/ajdm.2009.0023.
Full textAbstract:
Objective: The goal of this study is to assess the European status in the case of mass casualties regarding legislation, responsibilities of ministries and organizations, education and training, material and equipment, and bottlenecks.Design: A questionnaire answered by 22 of 27 European Union member states and Croatia, Norway, and Switzerland. Results and recommendations of a European expert’s workshop on decontamination of victims of mass casualties.Setting: Ministries and responsible organizations of 22 European Union member states Croatia, Norway, and Switzerland.Subjects: Hazardous chemical agents are a global realistic risk. Therefore it is an important obligation to direct education, service activities and research towards priority concerns of prevention and response in case of an accidental or criminal liberation of toxic chemicals. The most effective procedures to save the life and health of contaminated persons are: (1) The decontamination of chemically contaminated casualties as soon as possible reduces both morbidity and mortality. (2) The removal of clothing as the first stage of the decontamination process reduces the amount of contamination by 75-85 percent. The decontamination in case of a mass casualty incident needs a high number of personnel, personal protection equipment (PPE), a decontamination unit, education and permanent training, and a management of command, communication, and coordination; all these in the shortest time of preparedness, reaction, and cross border nationally and internationally.1Interventions: During the German EU Council Presidency in the first 6 months of 2007 the Federal Ministry of the Interior held a 3 days seminar (Ahrweiler, February 22-24, 2007) on the “Decontamination of Casualties Involved in Incidents with Hazardous Chemical Materials—European Inventory and Perspectives.” The aim was to arrange an exchange of information and experience on the various systems in place in Europe which would be beneficial to all parties concerned. The seminar was organized by the Federal Office of Civil Protection and Disaster Assistance.Main outcome measure: (1) Results of a nine question enquiry, (2) results of four workgroups with the focus on medicine, organization, equipment, and education.Results: In most countries, the medical sector is the weakest part of the integrated approach. Decontamination has two goals: to decontaminate the casualties and to avoid secondary contamination of personnel, equipment, and institutions (hospitals). The most effective method for decontamination is to undress patients as soon as possible. The procedures for undressing, triage, basic life support, etc have to be evidence based by research. Cooperation between MS should be developed including transborder cooperation, designing modules in the framework of the EU Mechanism, and considering reinforcement between MS as precautionary measures, for example, for major international events. Interoperability of equipment is recommended and achievable. Need for European inventory of decontamination units. Need for national stockpiles of antidotes and drugs as well as logistics.Conclusions: The following recommendations were given to the EU Commission: Organize focused experts meetings on the above mentioned subjects. Promote common exercises. Collect and promote best practices by supporting research for evidence-based results. Promote crossborder cooperation and possibly preplanned reinforcements.
25
Smerichevskyi, Serhii, and Svitlana Gura. "STRATEGIC MECHANISMS OF REGULATING THE EUROPEAN INTEGRATION DEVELOPMENT OF AIR TRANSPORT IN UKRAINE." Green, Blue & Digital Economy Journal 2, no. 1 (March 29, 2021): 53–59. http://dx.doi.org/10.30525/2661-5169/2021-1-8.
Full textAbstract:
The purpose of the paper is to substantiate the strategic mechanisms for regulating the European integration development of air transport in Ukraine. Methodology. The study is based on the imperatives of European integration development of air transport of Ukraine, defined in the Association Agreement between the European Union and the European Atomic Energy Community and their member states, on the one part, and Ukraine, on the other part. Quantitative research is based on the analysis of the volume and structure of Ukraine’s foreign trade in air transport services, calculation of the export-import coverage ratio, determination of the share of transport and air transport services in aggregate services in total foreign trade, including with the EU. Results of the paper consist in assessing the impact of the external environment on the European integration development of the Ukrainian aviation transport. The conclusion was reached on its turbulence, complexity and contradiction, while the advantageous geographical location and strategic positions of Ukraine in the region were determined as the main favorable factors. The research also singles out the following negative signs of the external environment: declining competitiveness of the Russian-Asian lanes for domestic air carriers, localization of air services in connection with hostilities in the East of Ukraine; restriction of air traffic in the context of preventive measures to combat the spread of coronavirus infection; insufficient material and technical base: lack of funding, outdated technologies, low level of innovation, environmental friendliness, safety, insufficient quality of transport services, limited social benefits; aimed at ratification of the CAA Agreement between Ukraine and the EU, as well as the draft Aviation Transport Strategy of Ukraine. The present research also identified such negative effects of COVID-19 on the development of air transport, as: a significant decrease in air passenger transport services and airlines’ revenues, a decrease in the rating of world aviation, termination and bankruptcy of a number of airlines and airports due to air traffic restrictions. It determined the place of air transport services in the system of foreign economic trade in services with the EU countries, and developed measures to increase them. Practical implications consist in the elaboration of the main strategic guidelines for the development of aviation: introduction of a simplified procedure for implementing the provisions of EU legislation into the legislation of Ukraine; ensuring environmental safety and energy saving of civil aviation facilities; innovative renewal of aircraft fleet and reduction of their harmful impact on the environment through the introduction of the latest technologies; settlement of issues relating to the establishment of airport charges for the servicing of aircraft and passengers at Ukrainian airports; development of airport infrastructure; creation of multimodal cargo complexes; approximation of SAAU and European Commission requirements to certification systems in the areas of primary airworthiness, airworthiness maintenance and maintenance of aircraft and its components; expansion of Ukraine’s voluntary participation in the program of compensation and reduction of carbon dioxide emissions from international aviation within the CORSIA program, introduction of administrative procedures for monitoring emissions by operators of civil aircraft on international flights under the MRV standards. Value/originality. The present research substantiates strategic foundations of the institutional transformations of the development of aviation transport in the context of the European integration choice of Ukraine and the transition to monovectorality, elimination of defects of dependence on the trajectory of the preceding traffic and polyvectorality. It also proposes legal, policy, investment and infrastructure integration mechanisms.
26
Plink, Nikolay, Vera Semeoshenkova, Tatyana Eremina, Alexandra Ershova, and Ivan Mushket. "Improvement of Maritime Management as a Key Aspect of Sustainable Development and Blue Growth in the Russian Federation." Journal of Marine Science and Engineering 9, no. 11 (November 2, 2021): 1212. http://dx.doi.org/10.3390/jmse9111212.
Full textAbstract:
The conservation and sustainable use of oceans, seas and marine resources has been declared by the United Nations as one of 17 priority Sustainable Development Goals. At present, most of the maritime states are striving to improve the efficiency of their use of marine resources, including sea space. In particular, the European Union is implementing a number of projects related to the implementation of marine spatial planning (MSP) tools. The Baltic Sea is considered as a pilot region, where a pan-Baltic coordinated MSP plan has been developed to provide for sustainable development and blue growth in the marine and coastal economy. The Russian Federation is one of the Baltic countries, but the MSP procedure at the state level does not have institutional and regulatory support, which requires the elimination of gaps and additional development of the maritime management system. The laws of the organization and development of the general theory of management are used in this study. An Integrated Management Model for sustainable marine and coastal use is proposed as a tool for ensuring blue growth, including four interrelated elements (specific management functions), namely “Integrated Coastal Zone Management”, “Marine Spatial Planning”, “Management of Marine Macroregion” and “Ocean Governance”. Their functional content and interaction mechanisms are discussed in order to implement an integral approach to marine use. The vertical structure of the proposed integral model includes three levels corresponding to the federal and regional levels of government and the level of municipal self-governance. The use of the integral model should help accelerate the process of introducing and using MSP instruments in the process of strategic planning in the socio-economic development of the Russian coastal territories.
27
Khamidulina, Kh Kh, E. V. Tarasova, A. S. Proskurina, A. R. Egiazaryan, I. V. Zamkova, E. V. Dorofeeva, E. A. Rinchindorzhieva, S. A. Shvykina, and E. S. Petrova. "ON THE NEED FOR THE DEVELOPMENT OF HYGIENIC STANDARDS (MACs) IN THE WATER AND AIR OF THE WORKING AREA FOR PERFLUOROOCTANOIC ACID IN THE RUSSIAN FEDERATION." Toxicological Review, no. 5 (November 5, 2020): 21–31. http://dx.doi.org/10.36946/0869-7922-2020-5-21-31.
Full textAbstract:
Currently, perfluorooctanoic acid (PFOA) has no hygienic standards in the air of the working area and objects of the human environment in the Russian Federation. By the decision of the Stockholm Convention SC-9/12, PFOA, its salts and derivatives are included in Part I of Annex A of the Stockholm Convention on Persistent Organic Pollutants in 2019 (with exceptions for possible use). The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade included PFOA, its salts and derivatives in the list of potential candidates for inclusion in Annex III of the Rotterdam Convention at the next meeting COP10 in 2021. The use of this chemical on the territory of the Russian Federation entails water and air pollution. Industrial emissions and waste water from fluoropolymer production, thermal use of materials and products containing polytetrafluoroethylene, biological and atmospheric degradation of fluorotelomer alcohols, waste water from treatment facilities are the sources of the release of PFOA into the environment. Analysis of international databases has showed that PFOA is standardized in the air of the working area in Germany, Japan, and Switzerland. In the countries of the European Union, as well as the USA and Canada, the issue of PFOA standardizing in drinking water is being now actively under discuss. Taking into account the high toxicity and hazard of the substance and the serious concern of the civil society of the Russian Federation, the Federal Service for Supervision of Consumer Rights Protection and Human Wellbeing requested the Russian Register of Potentially Hazardous Chemical and Biological Substances to develop MACs for perfluorooctanoic acid in the air of the working area and water as soon as possible. The MACs for PFOA have been proposed using risk analysis: 0,005 mg/m3, aerosol, hazard class 1 – in the air of the working area and 0,0002 mg/L, the limiting hazard indicator – sanitary-toxicological, hazard class 1 – in the water.
28
Kanunnikov, A. A. "European Civil Society or Civil Society of the European Countries?" RUDN Journal of Political Science, no. 3 (December 15, 2016): 61–70. http://dx.doi.org/10.22363/2313-1438-2016-3-61-70.
Full textAbstract:
This article is devoted to the study of civil society in the European Union. It shows the existence of two terms - “European civil society” and “civil society in Europe”. There is a vagueness of the term “European civil society” because it does not disclose the principle of belonging to a “European civil society” - a socio-cultural or geographical. There is a doubt about the possibility of the application of the civil society concept developed to describe the realities at the level of the nation-state, to the description of the phenomenon at a transnational level, for example, in the case of the European Union. The article shows three periods of civil society participation in the European integration process. The article concludes that is premature to consider the European civil society as an autonomous social sphere, opposing the state.
29
Hlobenko, H. I. "Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 272–81. http://dx.doi.org/10.32631/v.2020.4.26.
Full textAbstract:
The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution.
The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition.
Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.
30
Gaćeša, Radmila. "European Union Convention on Common transit procedure." Bankarstvo 51, no. 2 (2022): 173–84. http://dx.doi.org/10.5937/bankarstvo2202173g.
Full textAbstract:
On February 1st 2016, the Republic of Serbia acquired the status of a full member of the European Union Convention on Common Transit Procedure, and joined the existing members: EU countries, EFTA countries, as well as individual members Turkey and the Republic of North Macedonia. In this way, Serbia put its particularly important geopolitical position in Europe, and its openness to support and acceptance of foreign direct investments, into the function of further dynamic improvement in the sphere of economy and overall economic development.
31
Wtosinska, A. "Harmonisation of civil procedure in the European Union." Адміністративне право і процес, no. 1 (15) (2016): 258–66.
Find full text
32
van Rhee, C. H. "Civil Procedure: A European Ius Commune?" European Review of Private Law 8, Issue 4 (December 1, 2000): 589–611. http://dx.doi.org/10.54648/315110.
Full textAbstract:
In many countries civil procedure is considered a subject hardly lending itself for scholarly investigation. To prove that this was not always the case, the present article starts by outlining the history of civil procedural law as an academic discipline. The outline shows that civil procedure was considered to be worthy of scholarly attention up to the period of codification. The situation changed after the laws of civil procedure in the various European countries had been codified. One of the reasons was the decline in significance of legal history and comparative law as a result of codification. The article subsequently discusses two questions of civil procedure particularly deserving academic study within the context of contemporary Europe. The questions are the following: 1) To what extent can the law of civil procedure be regarded as an international, European discipline? 2) What roles can legal history and comparative law play in shaping the future law of civil procedure?
33
Inga Jablonskaitė-Martinaitienė and Natalija Točickienė. "Procedure before the European Union Civil Service Tribunal: Specific aspects." International Comparative Jurisprudence 2, no. 1 (September 2016): 45–54. http://dx.doi.org/10.1016/j.icj.2016.05.002.
Full text
34
Taranenko, Hanna. "INTERNATIONAL ORGANIZATIONS CONTRIBUTING TO ELECTIONS OBSERVATION AS AN INSTRUMENT OF SECURING HUMAN RIGHTS." Politology bulletin, no. 82 (2019): 71–81. http://dx.doi.org/10.17721/2415-881x.2018.82.71-81.
Full textAbstract:
The purpose of this research is to investigate the role of international organizations in elections observation as an instrument of ensuring human rights. The objectives are to analyze the notions of democracy and human rights, democratization trends worldwide, current threats to human rights related to elections procedures and the role of international organizations as entities safeguarding human rights in the globalized world. In order to investigate this problem the researcher utilized such scientific methods as deduction and induction, historical and comparative method and the case study one. Historical and comparative methods were used to trace the evolution of international organizations’’ activities with regard to elections observation and compare various organizations’ pertinent processes and procedures. Case study method was used to collect and analyze qualitative data about international organizations’ activity related to elections observation and to define their role in ensuring human rights, in particular, freedom of expression. The notions of democracy and human rights, democratization trends worldwide, current threats to human rights related to elections procedures and the role of international organizations as entities safeguarding human rights in the globalized world were analyzed. As a result, it can be stated that in the increasingly globalized world there are various democratization trends. There are different visions and models of democracy, yet no single one can be considered optimal. It can be noted that international organizations play a significant role in elections observation as an instrument of ensuring human rights. The dynamic rhythm of global development helps to promote plurality of ideas, political ideologies and ethical values. It can be concluded that in this increasingly interconnected world democracy has the function of a mediator promoting understanding among countries, first of all, through the United Nations. Democracy as a type of political regime, i. e. type of relationship between the country leadership and the people cannot function effectively without active social groups and civil society organizations. The political context has to promote freedom of speech, independent media, rule of law, effective judiciary system and overall respect for human rights. Freedom of expression and political choices are among fundamental human rights guaranteed by democratic national and international laws. International organizations are among the most noteworthy entities on the world arena safeguarding human rights and free expression of people’s political will. International organizations are working actively in order to tackle current threats to human rights, in particular, freedom of expression and freedom of political will. To this end, the international and national organizations provide comprehensive electoral support. The United Nations, the European Union, the Organization for Security and Co-operation in Europe and the Council of Europe are actively engaged in providing electoral support and assist in holding objective and just elections worldwide, especially in transitioning countries. They play a key role in providing electoral support in accordance with the international organizations’ mission, bolstering democracy and safeguarding human rights. The role of international organizations in the globalized world as human rights protector continues to be vital and indispensable.
35
Taranenko, Hanna. "INTERNATIONAL ORGANIZATIONS CONTRIBUTING TO ELECTIONS OBSERVATION AS AN INSTRUMENT OF SECURING HUMAN RIGHTS." Politology bulletin, no. 82 (2019): 71–81. http://dx.doi.org/10.17721/2415-881x.2019.82.71-81.
Full textAbstract:
The purpose of this research is to investigate the role of international organizations in elections observation as an instrument of ensuring human rights. The objectives are to analyze the notions of democracy and human rights, democratization trends worldwide, current threats to human rights related to elections procedures and the role of international organizations as entities safeguarding human rights in the globalized world. In order to investigate this problem the researcher utilized such scientific methods as deduction and induction, historical and comparative method and the case study one. Historical and comparative methods were used to trace the evolution of international organizations’’ activities with regard to elections observation and compare various organizations’ pertinent processes and procedures. Case study method was used to collect and analyze qualitative data about international organizations’ activity related to elections observation and to define their role in ensuring human rights, in particular, freedom of expression. The notions of democracy and human rights, democratization trends worldwide, current threats to human rights related to elections procedures and the role of international organizations as entities safeguarding human rights in the globalized world were analyzed. As a result, it can be stated that in the increasingly globalized world there are various democratization trends. There are different visions and models of democracy, yet no single one can be considered optimal. It can be noted that international organizations play a significant role in elections observation as an instrument of ensuring human rights. The dynamic rhythm of global development helps to promote plurality of ideas, political ideologies and ethical values. It can be concluded that in this increasingly interconnected world democracy has the function of a mediator promoting understanding among countries, first of all, through the United Nations. Democracy as a type of political regime, i. e. type of relationship between the country leadership and the people cannot function effectively without active social groups and civil society organizations. The political context has to promote freedom of speech, independent media, rule of law, effective judiciary system and overall respect for human rights. Freedom of expression and political choices are among fundamental human rights guaranteed by democratic national and international laws. International organizations are among the most noteworthy entities on the world arena safeguarding human rights and free expression of people’s political will. International organizations are working actively in order to tackle current threats to human rights, in particular, freedom of expression and freedom of political will. To this end, the international and national organizations provide comprehensive electoral support. The United Nations, the European Union, the Organization for Security and Co-operation in Europe and the Council of Europe are actively engaged in providing electoral support and assist in holding objective and just elections worldwide, especially in transitioning countries. They play a key role in providing electoral support in accordance with the international organizations’ mission, bolstering democracy and safeguarding human rights. The role of international organizations in the globalized world as human rights protector continues to be vital and indispensable.
36
Dec, Pawel, and Piotr Masiukiewicz. "Models of Bankruptcy Procedures in European Union." Business and Management Horizons 3, no. 2 (December 1, 2016): 46. http://dx.doi.org/10.5296/bmh.v4i2.10275.
Full textAbstract:
This paper focuses on the analysis of comparative models bankruptcy in selected EU countries and the evaluation of the effectiveness of the insolvency proceedings. These models are quite similar in the countries concerned; also they give the opportunity to the many variants of the bankruptcy procedure. The main thesis of the article is—so far developed and applied models of bankruptcy are still insufficient and need to be improved and reorientation to a greater extent, particularly concerning the taking into account of weak signals from the business environment. The authors analyzed the relevant theories of the firm and its reference to bankruptcy, presented various models of insolvency procedures in selected EU member states, analyzed the so-called European Company for bankruptcy. Complementing the paper detailed research on the effectiveness of insolvency proceedings in many countries. Included in the text of the conclusions show the shortage of both in theory and in practice, a comprehensive solution to the problem of insolvency proceedings.
37
Gajić, S., and E. G. Ponomareva. "Accelerated expansion of NATO into the Balkans as a consequence of Euro-Atlantic Discord." MGIMO Review of International Relations 13, no. 2 (April 28, 2020): 70–93. http://dx.doi.org/10.24833/2071-8160-2020-2-71-70-93.
Full textAbstract:
The Balkans in general and post-Yugoslav countries in particular have been under significant geopolitical pressure of the political West since the end of the bipolar global order. From the beginning of the Yugoslav Civil War in 1991, followed by Western recognition of secessionist republics in 1992 and NATO attacks on Serbs in Bosnia-Herzegovina in 1994-1995 and on the Federal Republic of Yugoslavia in 1999, the US, NATO and EU have been actively involved in the Balkan crisis. It was in concordance with the logic of unipolarity, or the New World Order, proclaimed by George W.H. Bush, in which there is “no substitute for American leadership”.The year of 2008 marked the start of profound changes. The changes we are witnessing today are of the magnitude described by Paul Kennedy’s classic The Rise and Fall of the Great Powers. Georgia’s attack on South Ossetia crossed Russia’s red lines and exposed the latter’s ambitions to regain the superpower status; China symbolically showed the same ambition with the Olympics in Beijing; the crash of the US real-estate market triggered the global economic crisis; and the NATO-sponsored unilateral declaration of secession by Kosovo Albanians set a precedent and introduced uncertainty in international law and the entire system of United Nations. By the beginning of 2020, many problems had accumulated in the EU – against the background of the ongoing migration crisis, right-wing and nationalist movements became more active, and differences between members increased. Long before COVID-19, Brexit became a serious stress test for the economy and social structure of the European Union. Dramatic changes took place on the other side of the Atlantic too, resulting in the shocking victory of staunch anti-globalist Donald Trump. The rules established during the 1991-2008 unipolarity have thus been challenged. Subsequently, post-Cold War ideological consensus in the West has also been challenged even further by the growth of non-systemic political movements – many of them directed not only against the EU expansion, but also against the EU itself.The significance of all these events for the Balkans is somewhat surprising and paradoxical, as the mainstream forces that have been weakened in the West forcefully push for a stronger Atlantic integration of the remaining Balkan countries. At the height of the pandemic, on 27 March 2020 Northern Macedonia became the 30th member of the Alliance, having previously undergone a humiliating procedure of changing its own name for this purpose. Three years earlier, Montenegro was admitted to NATO, but its population did not have the opportunity to vote on this in a referendum. The negotiations between Belgrade and Pristina on ‘normalisation of relations’, continued pressures on the prerogatives of Republic Srpska, Croatian initiative for a new Intermarium and many other similar efforts are stages in the process of NATOisation of former Yugoslavia. Based on the analysis of a large body of narrative sources and recent literature, the article presents the main trends and possible prospects for developments in the Balkans, depending on the outcome of the ongoing ideological and political struggle within the West.
38
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.
Full textAbstract:
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.
39
Mykhailovych Ostapiak, Mykola. "European Small Claims Procedure in Slovakia." Societas et Iurisprudentia 9, no. 2 (July 2021): 114–35. http://dx.doi.org/10.31262/1339-5467/2021/9/2/114-135.
Full textAbstract:
The paper focuses on the peculiarities of the European Small Claims Procedure and the application of this mechanism in the Slovak Republic. The main provisions of the European Union Regulation (EC) No. 861/2007 (in full Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure), which introduces this procedure, are investigated, in particular the stages of consideration of the case from the submission of the application by the applicant to the execution of the court judgment and the possibility of appeal. Particular attention is paid to the provisions of the Contentious Civil Procedure Code of the Slovak Republic, which regulates the procedural actions during consideration of small cases, which are not regulated by the above-mentioned European Union Regulation (EC) No. 861/2007. The practical component is analysed on the basis of court cases considered by courts of the first instance in Slovakia. The problematic issues that arise during the application of the European Small Claims Procedure are highlighted.
40
Colfer, Barry. "The European Trade Union Confederation." socio.hu 9, Special Issue (June 16, 2020): 9–27. http://dx.doi.org/10.18030/socio.hu.2019en.9.
Full textAbstract:
The European Trade Union Confederation (ETUC) represents some 45 million trade union members from eighty-nine national trade union confederations and ten European Industry Federations from thirty-nine countries. In 2019, ETUC entered its forty-sixth year and marked its fourteenth quadrennial Congress in Vienna where delegates intervened to shape the work plan and direction of the organisation for the coming four years and to elect a new Executive Committee. This article takes stock of ETUC’s background and primary activities and considers whether ETUC enhances the power and influence of its members, despite the challenging environment in which trade unions in Europe reside in the 21st century. In so doing, the article assesses the strengths, weaknesses, opportunities and threats facing the organisation, which remains the largest civil society organisation in Europe.
41
Perederii, Oleksandr. "Legal procedure of the European Union: essential features and influence on the transformation of the legal procedure of Ukraine." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 50–56. http://dx.doi.org/10.36695/2219-5521.1.2021.08.
Full textAbstract:
In the article from the positions of general analysis author’s attempt was implemented by the characteristics of the Law Enforcementof the European Union. Analyzing the doctrinal approaches to the definition of the content of the category of «right-order» andtaking into account the legal position of the European Union, the meaningful features of the law and order of the European Union as aspecific variety of intergovernmental phenomena are determined.In particular, the system is proposed and the essence of the peculiarities of the law and order of the European Union: the lawenforcement agencies of the European Union reflects the specifics of the European regional political configuration at a specific stageof the development of the Alliance of European states; the law enforcement of the European Union is based on the ideologue about thepriority of ensuring the universal values of the Alliance; interstate integration nature of the law and order of the European Union; communicationcontent; the law and order of the European Union is inherent in the functional capacity to ensure the expansion of the Europeanlegal space and promote the extraterritorial action of European law; the ability of the EU Law Environment is to transform opera -tively and modify under the influence of global conditions and threats.Due to the presence of supranational regulatory potential, the law enforcement of the European Union is proposed to be conside -red as a cultural property of the European peoples of the general civilization. The influence of the Law Environment of the EuropeanUnion on the Law System of Ukraine is highlighted. It is substantiated that for the perception of the right order of the European Unionis a prerequisite for Ukraine’s acquisition of the status of a member of the European Union in the historical perspective. The accentuatedon the fact that among the range of factors that interfere with the innovative development of the legal system of Ukraine in accordancewith аcquis communautaire is the realities of a centuries-old domination of the Eastern Political and Legal Tradition. Accordingly, fundamentalimportance for Ukrainian society has the formation of a sustainable understanding of the advantages of the common futureof Ukraine and the European Union, which is based on the unity of goals and values, the efforts of priority provision of the rights andfreedoms of the person. Accordingly, overcoming political disputes in the system of national politics, ensuring civil harmony, developmentof a market economy, achievement of transparency in the activities of state institutions, laying a reliable foundation for the interactionof the state and the general population in the development of organizational and legal and managerial tools for solving the mostrelevant problems of building up the national statehood of Ukraine. considered as the conditions for the effective implementation of theLaw Enforcement of the European Union into national legal reality.
42
Wallerman, Anna. "Harmonization of Civil Procedure: Can the European Union Learn from Swiss Experiences?" European Review of Private Law 24, Issue 5 (October 1, 2016): 855–76. http://dx.doi.org/10.54648/erpl2016048.
Full textAbstract:
Until 2011, civil justice in both Switzerland and the European Union (EU) was decentralized. In 2011, after 150 years of debate, Switzerland finally took the step to unification by the entry into force of its first federal Zivilprozessordnung, whereas in the EU it is still debated if, how and to what extent civil procedure could be subject to harmonization. This article analyses the debate leading up to harmonization of civil procedure in Switzerland, comparing the arguments to those brought forward in the EU debate, and examines the legislative strategy employed by the Swiss legislature. It shows that the Swiss harmonization was brought about by practically oriented arguments, and that this pragmatism also characterized the legislative drafting process. It is argued that a similar development is conceivable within the EU, but that the price may be a general decrease in the level and quality of civil justice.
43
McCormick, John P. "Habermas, Supranational Democracy and the European Constitution." European Constitutional Law Review 2, no. 3 (October 2006): 398–423. http://dx.doi.org/10.1017/s1574019606003981.
Full textAbstract:
Habermas's normative vision – Strengths and deficiencies – European Union democracy as solution to global problems – Necessity of developing a European civil society – Normative ideal, functional mechanisms, empirical reexamination – Habermas's criticism of Euro-skeptics – Substance-through-procedure mode of social integration – Adequacy of procedural substance questioned – Empirical limits to Habermasian European Union democracy – ‘Multi-segmented governance’ in the European Union – Supranational redistribution? – Legal integration has not facilitated social integration – Scharpf, Weiler, Joerges, Schmitter – Habermas's Sozialstaat principles jeopardized on Union level – Structural obstacle to coordinated European social welfare policy – European politics will resemble Sektoralstaat – Participation, egalitarianism and accountability
44
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.
Full textAbstract:
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.
45
Derbisheva, O. A. "Problems of European civil proceedings." Law Нerald of Dagestan State University 39, no. 3 (2021): 123–26. http://dx.doi.org/10.21779/2224-0241-2021-39-3-123-126.
Full textAbstract:
. The topic of this article is devoted to the analysis of the problems of European civil proceedings. The author of this article has studied the theoretical foundations and regulatory framework related to this issue. The purpose of this work is to study the theoretical and practical aspects of European civil proceedings, identify existing problems and search for possible solutions. Methodological basis: The article discusses the main directions and branches of the branch of the European civil procedure. During the research, methods of observation, generalization, comparison, analysis were used. Results: In the course of the work, the system of European court proceedings in civil cases was studied. The conducted research has revealed the problems existing in the system of the European civil procedure. Research implications: The study of the directions and branches of the branch of the European civil procedure and the practice of its application can serve as a tool for improving the current domestic legislation, and identifying problems existing in foreign countries will help prevent the adoption of irrational and unnecessary legal acts.
46
Schwartze, Andreas. "Enforcement of Private Law: The Missing Link in the Process of European Harmonisation." European Review of Private Law 8, Issue 1 (March 1, 2000): 135–46. http://dx.doi.org/10.54648/264255.
Full textAbstract:
Civil procedure is a key element of any system of private law. Nevertheless in the European Union harmonisation of private law is dominated by directives concerning substantive rules while coordination of national procedural standards is lacking. Therefore significant differences in direct and indirect costs of judicial remedies remain throughout the internal market and are weakening the four freedoms. Because an escape to private arbitration is unwanted the projects to harmonise procedural standards in the field of private law should be pushed forward. Conventions on international rules of civil procedure, fragmented pieces of procedural 'directification' and the smoothening of technical problems is not enough. European Principles of Civil Procedure should be prepared as an option for individuals, courts and legislators and should in the first line be applied by a future European Union Court specialised in private law matters.
47
Adijāne, Iveta. "CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION." BORDER SECURITY AND MANAGEMENT 3, no. 8 (October 20, 2020): 54–63. http://dx.doi.org/10.17770/bsm.v3i8.5359.
Full textAbstract:
There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.
48
Adijāne, Iveta. "CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION." BORDER SECURITY AND MANAGEMENT 3, no. 8 (October 20, 2020): 54–63. http://dx.doi.org/10.17770/bsm.v3i8.5359.
Full textAbstract:
There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.
49
Kovalenko, Tetiana. "Trademark registration in the European Union." Theory and Practice of Intellectual Property, no. 3 (August 9, 2022): 65–72. http://dx.doi.org/10.33731/32022.262625.
Full textAbstract:
Keywords: trademark, EU Regulation, EU trademark, European Union, Europeansystem of trademark protection
The developmentof economic integration of European countries has created the need to create asingle system of legal protection of trademarks, as it should contribute to the formationof a common market, the conditions of which are the possibility of competitionand free movement of goods and services in European countries. One of the legal instrumentsto meet these conditions is the trademark, which must be used in the EuropeanUnion. The creation of a common economic space in Europe has contradicted thenational laws of each of the member states of the European Union. Therefore, there isa need to create a single European system of trademark protection.According to the EU Regulation, one of the main functions of an EU trademark isto guarantee the origin of goods and services sold or provided to consumers under thattrademark. The EU trademark is unitary. As it is registered for all member states ofthe European Union through a single procedure, it acquires rights only if it is acceptedin all member states of the European Union. An EU trademark is acquired onlythrough registration, not use.
The EU regulation provides for the free movement of goods and services betweenmember states. Accordingly, the owner of an EU trademark cannot object to the use ofsuch a registered trademark in the European Union. Moreover, the EU regulation definesnot only the registration criteria, but also the examination procedure, includingthe possibility of objections to registration made by third parties, and the procedurefor filing claims for infringement of trademark rights.Either party may appeal the decision on the objection to the Board of Appeal ofthe European Union Intellectual Property Office. Thereafter, any issue can be appealedto the Court of Justice of the European Union, which can only annul orchange the decision.Once the EU trademark application has been published, the pre-emption holderhas three months to file an objection. Obtaining an EU trademark is essential for asuccessful brand protection strategy. Since its inception, the EU trademark systemhas become one of the most important tools available to both legal entities and individualswho want to effectively protect their trademark rights in Europe.
50
Monedero, Pablo José Abascal. "Family Laws in the European Union." Socialinė teorija, empirija, politika ir praktika 19 (September 16, 2019): 87–94. http://dx.doi.org/10.15388/stepp.2019.13.
Full textAbstract:
EU social policies should be complemented by contributing to a harmonious development of society, by reducing structural and regional imbalances, developing a balance between the a localized community and the national society, and improving the living standards of citizens and families of member states (Garrido 2002). Such important social policy principles as freedom and justice are addressed and represented in family laws in the EU regulations introduced during the period of 2000–2016. In this article, we studied the EU’s legal solutions in reference to national (Spain) laws on these matters: children and parental responsibility (adoption, child abduction, family benefits) and couples (matrimonial, regimes, prenuptial agreements, provisional measures). This legislation is necessary in the face of the proliferation of families whose members have different nationalities, and even in the mobilization of residences. Cooperation has intensified between national judicial authorities to ensure that legal decisions taken in one EU country are recognized and implemented in any other. This is highly important in civil cases, such as divorce, child custody, maintenance claims, or even bankruptcy and unpaid bills, when the individuals involved live in different countries. The development of family laws is one of the most important factors of family welfare in European countries.