Academic literature on the topic 'Competent authority – European Union countries'
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Journal articles on the topic "Competent authority – European Union countries"
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Mujuzi, Jamil Ddamulira. "Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights." European Journal of Crime, Criminal Law and Criminal Justice 24, no. 2-3 (June 26, 2016): 107–34. http://dx.doi.org/10.1163/15718174-24032088.
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Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.
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Andres, Pablo de, Laura Arranz-Aperte, and Juan Antonio Rodriguez-Sanz. "“Fit and proper” regulations in the banking industry: What we have learnt in the post-crisis years." Journal of Governance and Regulation 9, no. 3 (2020): 84–95. http://dx.doi.org/10.22495/jgrv9i3art6.
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In a highly influential paper, Bradford (2015) coined the term “Brussels effect” to describe the way the EU regulatory power is externalized to third countries via consumer markets. In this paper, we analyze whether there is a Brussels effect in the finance industry as well. To do so, we study the evolution and regulatory changes put in place in Europe after the financial crisis to ensure that directors in the banking industry are adequately qualified and competent to meet the expertise and education requirements (the “fit and proper” criteria). We find that, as a result of the latest financial crisis, stricter board requirements were paired with stricter controls from the banking supervisory authorities in Europe. We describe the post-crisis regulatory framework as being characterized by 1) a strong commitment to regulation of risk management, 2) a multilayered control system and 3) a harmonized system with a strong presence of national regulatory authorities. We conclude that the European Union – through European Banking Authority (EBA) and the European Single Supervisory Mechanism (SSM) – has become a standard setter for the banking industry promoting international financial standards and “hardening” the soft law recommendations with directives and binding technical standards as regulatory instruments.
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Spruijt, Pita, Paul Bergervoet, Robbin Westerhof, Merel Langelaar, and Marie-Cécile Ploy. "European Union One Health Country Visits as Driver to Combat on Antimicrobial Resistance." Infection Control & Hospital Epidemiology 41, S1 (October 2020): s222. http://dx.doi.org/10.1017/ice.2020.766.
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Background: In 2016, the European Union adopted unanimously Council Conclusions on the next steps to combat antimicrobial resistance under a One Health approach. To implement some of the provisions laid down in the Council Conclusions, a European Joint Action on Antimicrobial Resistance (AMR) and Healthcare-Associated Infections (HCAI) or EU-JAMRAI was set up, gathering 44 partners. Methods: As part of EU-JAMRAI, 13 participating European countries set up a country-to-country peer review system to evaluate each other’s national action plans (NAPs). This review system entailed a self-assessment, strengths–weaknesses–opportunities–threats (SWOT) analysis, and country visits. All steps were executed with representatives from both the human and the veterinary domains (One Health approach). Special attention was given to supervision and the way supervision can enhance the implementation of guidelines on AMR, both at the policy level and within healthcare institutions. Results: Despite differences in the stage of developing and implementing NAPs, all 13 countries are working on NAPs. In this process, country visits function as a moment to exchange best practices and to provide an outsider’s point of view. At the end of 2019, 13 country-to-country visits had taken place, resulting in tailor-made recommendations for each country. These recommendations were shared with the competent authority. An example is a country that used the recommendation to improve infection prevention as an immediate reason to get the topic on the agenda of the Ministry of Health. During the country visits, intersectoral participation was perceived as desirable, but in some cases it was challenging to arrange. For some highly relevant topics, it has been recognized that discussion should take place on a European level. Examples of such topics include supervision, infection prevention guidelines, funding, surveillance, and regular audits of antibiotic prescriptions for physicians including feedback loops. Conclusions: Peer review is a cooperative and friendly working method compared to common audits. The country visits function as an agenda setting tool to get or to keep AMR on the political agenda and presenting the most relevant topic(s) to address for each country.Funding: NoneDisclosures: None
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Goncharova, Alina, Svitlana Fursa, Valentina Chuikova, Olga Danylenko, and Nataliia Hlushchenko. "Research of the experience of legal regulation and use of European inheritance certificates of the regulation on succession." Linguistics and Culture Review 5, S3 (October 22, 2021): 554–73. http://dx.doi.org/10.21744/lingcure.v5ns3.1553.
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The article reveals the problems of inheritance with a foreign element. In the modern world without borders, people change their residence, own real estate, keep bank accounts, and possess other property in different countries. This cannot but have consequences for succession. This, in turn, can create some difficulties, cause disputes between the heirs, and will undoubtedly affect the costs of registration of the inheritance. Another common problem is that a will made in one country may not have legal effect in another country where it must be executed. These and many other issues could not remain unresolved at the level of the European Union. A unified approach to solving many inheritance issues was found through the adoption of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on the jurisdiction, applicable law, recognition, and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. This provision came into effect on August 17, 2015, and applies to cases of inheritance arising after this date. Inheritance cases are formalized by one competent authority (court or other instance) in one state.
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Yudina, O. "Forming the European Union Common External Energy Policy: Key Events and Results." World Economy and International Relations 65, no. 5 (2021): 39–48. http://dx.doi.org/10.20542/0131-2227-2021-65-5-39-48.
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Received 08.05.2020. Energy has always been of particular importance to the European Union. Meanwhile, up to the beginning of the 21st century, this area had been in exclusive competence of member states, with timid attempts of the European Commission (EC) to receive part of the powers in the energy sphere. The article is devoted to the issues of the EU common external energy policy development that was accompanied by a dichotomy of interests between the member-states, which hardly like the idea of the energy sector communitarisation, and the European Commission, which has been the main driver of supranationalisation of the energy sphere for a long period of time. The author characterizes the main achievements towards the EU common external energy policy, including the law regarding the export of energy to neighboring non-member countries through various organizations, such as the Energy Community, the Eastern Partnership, MEDREG, and launching of the European Energy Union (EEU) in 2015. Special attention is paid to external factors that facilitated the enhancement of the European Commission’s role in the energy sphere. The new era for the EU common external energy policy started in 2015 with the EEU and energy security as one of its priority, partly due to the gas crises and political tension between the European Union and Russia. It is noted that the EEU has facilitated the adoption of some EC’s legal proposals that could not be adopted for a long time, such as the mechanism of consultations on new intergovernmental contracts. In general, the creation of the Energy Union should certainly be seen as strengthening the supranational energy competences of the European Commission. It is concluded that the European Commission has made a significant progress towards a common external energy policy, strongly supported by the public opinion that the European Union should speak one voice with third countries. Despite the lack of legally supported competencies in energy for the EC, it gained authority in different directions of the EU energy policy development. Under these circumstances, the common energy market that has led to energy interdependent of the member states, forces them to cooperate at a supranational level. The author argues that third countries should clearly understand the dynamic and processes of communitarisation of the energy sphere and adopt their cooperation with the European Union based on this knowledge.
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TYRPENOU (Α.Ε.ΤΥΡΠΕΝΟΥ), A. E. "Safe foods for the European consumers." Journal of the Hellenic Veterinary Medical Society 59, no. 2 (November 21, 2017): 139. http://dx.doi.org/10.12681/jhvms.14955.
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The market internationalisation, free trading of products and the transport of services within and between the European Union Member States, more and more is based on their quality and integrity. In this particularly exigent environment, in markets that are rapidly altered with fast rythms and within the frames of an intensive worldwide competition, it is obvious the need for "quality". A term, which, in order to become reality, requires patience and insistence, collective efforts, systemisation and a spirit of collaboration. It should become a way of life I could say. But nothing could be done if personally ourselves, collectively and with collaboration, do not realise that the quality begins, continues, but never ends. Questions that are directly related to health, safety, environment, food and other factors come daily in the topicality. In order to be answered, industries and control laboratories should daily be in the position to prove their supremacy, their reliability and technical competence with the application of a suitable quality control system (QA/QC). With this assumption, from the moment that the European Union initiated the European Integrated Market, it became clear that the commercial barriers between the countries can be revoked, only when a country entrusts the quality of the trials of the other country or more generally it's "Quality Level". For all the above and because as much the measurements as the quality of foods considerably affect us, Community or National rules have been established in order to assure us that the controls are reliably executed to guarantee the quality of foods for our protection. In this framework, the European Union, following the entire process "from the farm to the fork" by applying internationally acceptable quality standards, very recently established the new legislation regime named "Hygiene Package". This legislation includes a series of regulations which are directly related to hygiene, control and food enterprises monitoring, in order to control the processes kept of the Hazard Analysis Critical Control Points (HACCP) (Regulation 852/2004), special hygiene rules for the food of animal origin (Regulation 853/2004), special rules for the organisation of official controls (Regulation 854/2004), general rules for the execution of official controls for food and feed trade (Regulation 882/2004) and finally the determination of general legislation principles for foods, the European Food Safety Authority (EFSA) and the food safety processes and traceability towards the human health protection (Regulation 178/2002). Coming to modern production and focusing to food production safety from the point of view of chemical residues (veterinary drugs and environmental pollutants), we find out that an enormous number of chemical exogenic agents of a varied activity often constitute the main cause of a complicated situation of a food deteriorated with chemical residues and their quality level reduction, which finally leads, not only to the reduction of consumers' confidence, but also to their final rejection. In this issue and after a series of food crises like that in old days with hormones as well as recently with BSE, dioxins and the detection of several other residues in animal and plant products exported from our country, but also recently with the Avian influenza, consumers' confidence was shaken. Thus, the European Union concluded to establish a new scientific institution to provide it with independent scientific advices on food safety issues in the whole length of the food chain. The outcome was, as it had been initially decided with the White Book on Food Safety, the establishment of the European Food Safety Authority (EFSA). Finally, in order the complete safeguard process of high quality foods to be concluded, of health and of good animal and plant management by taking suitable functioning measures of the internal market, the Rapid Alert System for Food and Feed (RASFF) was created. The aim of this system is to provide the Competent Authorities with an effective way of information exchange for the measures which should be taken in order to safeguard food safety.
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Zavhorodnia, V. M. "The origin and development of the European Union sports policy and law." SUMY HISTORICAL AND ARCHIVAL JOURNAL, no. 39 (2022): 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.
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The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.
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Esoimeme, Ehi Eric. "A comparative analysis of the prepaid card laws/regulations in Nigeria, the UK, the USA and India." Journal of Money Laundering Control 21, no. 4 (October 1, 2018): 481–93. http://dx.doi.org/10.1108/jmlc-03-2017-0010.
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Purpose This paper aims to compare the prepaid card laws/regulations in Nigeria, the UK, the USA and India with the aim of determining the best approach to regulating prepaid cards, that is the approach that promotes financial inclusion and also makes the product less attractive for money laundering. Design/methodology/approach This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research. Findings This paper makes the following findings and recommendations: Nigeria has the best approach to regulating providers of prepaid cards. Nigeria’s approach could foster financial inclusion and at the same time mitigate the money laundering risks associated with prepaid cards. Nigeria’s approach is not too strict like the Indian approach and it is not too relaxed like the UK and the USA approach. Operators, including mobile/telecommunications operators, wishing to operate money transfer schemes in Nigeria are allowed to do so with approval from the Central Bank of Nigeria and in strict conjunction with licensed deposit-taking banks or financial institutions. The UK, the USA and India are recommended to adopt Nigeria’s approach. The UK and the USA have the best approach to regulating agents of prepaid cards. Both countries require prepaid card providers to maintain a current list of agents and make it available to the relevant authorities upon request. The approach allows regulatory agencies to effectively monitor and supervise prepaid card agents. India and Nigeria are advised to clarify their approach regarding the regulation of prepaid card agents. The prepaid card laws/regulations of those countries should be modified to specify if the agent of a prepaid card provider is required to be licensed or registered by a competent authority or if the prepaid card provider (the principal) is required to maintain an updated list of agents which must be made accessible to a designated competent authority, when requested. The new changes will afford regulatory authorities the opportunity to effectively monitor and supervise prepaid card agents. India’s approach to thresholds would preclude most individuals in the intended target market from accessing basic financial products, as most people typically do not have residential addresses that could be confirmed by reference to formal documentation. India should adopt the “risk-based approach” and not the “wholesale de-risking approach”. Research limitations/implications Given their low-risk characteristics, closed-loop cards, specifically cards which do not allow reloads or withdrawals, remain outside the scope of this paper. Originality/value Although there have been researchers who adopted the comparative approach like Jean J Luyat and Will Cain, the comparative approach adopted by those researchers was not detailed enough and also was not aimed at seeking to answer the research question in Section 1 of this paper. Both writers focused on only the aspect of financial inclusion making the whole research a one-sided approach. Jean J Luyat focused on “how regulation had an impact on the development of prepaid cards in Japan and Europe”. He was able to discover that prepaid cards were growing rapidly in Japan but not gaining acceptance as a payment method in the European Union (EU) and France. He aligned such growth in Japan to different factors including regulation. He stated that Japan had a simple and flexible regulatory framework compared to the EU and France which have a complex regulatory system with strict prudential requirements. Nothing was said about the money laundering aspect of such regulation and neither was anything said about thresholds and other optional recommendations canvased by the Financial Action Task Force. The Electronic Money Directive referred to by Jean J Luyat has already been repealed and a second Electronic Money Directive is in place. A comparative approach is adopted in this research seeking to compare the approach in Nigeria with that of the UK, the USA and India. Each of these countries adopted different approaches. The results are to help answer the research question in Section 1 of this paper. The countries were selected on the basis of how strict their regulatory regime is. India’s regulatory regime is the strictest while the UK and the USA are the most lenient. Nigeria is caught in between strict/lenient.
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Bevz, Svitlana. "HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE: SOME LANDMARKS." Administrative law and process, no. 2 (29) (2020): 44–57. http://dx.doi.org/10.17721/2227-796x.2020.2.04.
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The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.
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Afonso, A. "Maladie hémorragique épizootique : évaluation de l'Autorité européenne de sécurité des aliments sur les risques d'introduction et de propagation en Europe." Revue d’élevage et de médecine vétérinaire des pays tropicaux 62, no. 2-4 (February 1, 2009): 157. http://dx.doi.org/10.19182/remvt.10065.
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Following a request from the European Commission, the European Food Safety Authority (EFSA) Panel on Animal Health and Welfare was asked to deliver a scientific opinion on the epizootic haemorrhagic disease (EHD). The mandate was composed of four terms of reference: i) the significance of the presence, origin and occurrence of EHD virus (EHDV) in susceptible species (specially livestock animals) in the European Union (EU) neighbouring countries; ii) the possibility of EHD spreading to and within the EU and persisting; iii) the role played by different vectors and the means to control them; and iv) the possible measures to control and eradicate the disease including surveillance, control of vectors, availability of suitable vaccines, and other elements. Under EFSA coordination, a working group of experts was invited to review the scientific knowledge available on EHD: its aetiology, the pathogenicity of the disease and epidemiology in different areas of the world. The review reported similarities of the disease with bluetongue, in particular concerning transmission. EHDV is transmitted by Culicoides vectors and it is possible that competent vectors for both diseases overlap. However, considerable knowledge gaps exist regarding factors that may influence vectorial capacity. Seven serotypes of EHDV are currently identified, from these only three (EHDV-2, 6 and 7) have been reported to cause clinical disease in cattle. Sheep may be infected but without clinical signs. EHD has been recognised as a serious disease in White-Tailed deer in North America. The Ibaraki strain (EHDV-2) caused serious outbreaks in Japan, and outbreaks of clinical disease have been reported from North Africa and West Asia in recent years. The similarity between recent EHD outbreaks in North Africa and West Asia, and bluetongue outbreaks at the end of the 1990s and the beginning of the 2000s constitutes a reason of concern. EFSA developed a risk assessment on the risk of introduction in the EU by taking in consideration three possible entrance pathways: i) via imported infectious animals; ii) via infectious vectors; and iii) other routes such as vaccines or germplasm. The risk of introduction by imported animals (wild or domestic, legal or illegal) was estimated by a simulation model based on the assumptions that the animal is: i) originated from an infected area; ii) infected prior to the movement; iii) in incubation or viraemic at the time of movement; and iv) in incubation or viraemic when introduced, which will depend not only on the probability of infection but also on the duration of the quarantine prior to entrance and the sensitivity of the test used. The risk assessment for the introduction by infectious vectors was a qualitative assessment. The consequence assessment, i.e. the risk of transmission to other animals/vectors after introduction/ exposure, was considered to depend on: i) the vector abundance in the considered area; ii) the viraemia duration; iii) the number of midges per animal (vector density); iv) the number of bites per animal and per day; and v) the probability that infection is transmitted from an infectious animal to a susceptible vector per bite. The risk was estimated by using a temperature dependent model for the basic reproduction number. Risk estimates were provided for the different pathways. The risk assessment models also helped appraise the value of possible control measures.
Dissertations / Theses on the topic "Competent authority – European Union countries"
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Dony, Marianne. "La responsabilité des pouvoirs publics en cas d'intervention dans une entreprise en difficulté." Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213118.
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SCHINK, Gertrud. "Kompetenzerweiterung im Handlungssystem der Europäischen Gemeinschaft : Eigendynamik und policy-entrepreneure : Eine Analyse am Beispiel von Bildung und Ausbildung." Doctoral thesis, 1992. http://hdl.handle.net/1814/4781.
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Defence date: 20 November 1992Examining Board: Prof. Dr. Bruno de Wittw, Rijsuniversiteit Limburg ; Prof. Dr. M. Rainer Lepsius (supervisor), Universität Heidelberg ; Prof. Dr. Giandomenico Majone, Europäisches Hochschulinstitut, Florenz ; Prof. Dr. Roger Morgan (co-supervisor), Europäisches Hochschulinstitut, Florenz ; Prof. Dr. Fritz W. Scharpf, Max-Planck Institut für Gesellschaftsforschung, Köln
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RICHMOND, Catherine. "Perspectives on law : system, authority and legitimacy in the European Union." Doctoral thesis, 2000. http://hdl.handle.net/1814/4758.
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Defence date: 16 October 2000Supervisor: M. La Torre ; Co-supervisor: F. Snyder ; Jury member: J. Weiler
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Books on the topic "Competent authority – European Union countries"
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service), SpringerLink (Online, ed. The Passivity of Law: Competence and Constitution in the European Court of Justice. Dordrecht: Springer Science+Business Media B.V., 2011.
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Individualism: An essay on the authority of the European Union. Oxford: Oxford University Press, 2008.
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Bogdan, Dolnicki, ed. Znaczenie orzecznictwa w systemie źródeł prawa: Prawo europejskie a prawo krajowe : XIII Niemiecko-Polskie Kolokwium Prawników Administratywistów; Rostock, 17-20 września 2003 roku : referaty i głosy w dyskusji. Bydgoszcz: "Branta", 2005.
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Division of powers in European Union law: The delimitation of internal competence between the EU and the member states. Austin [Tex.]: Wolters Kluwer Law & Business, 2009.
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Bollrath, Laura. Die Vertragsschlusskompetenz der Europäischen Gemeinschaft auf dem Gebiet der Gemeinsamen Handelspolitik. Baden-Baden: Nomos, 2008.
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Michael, Keating. The politics of modern Europe: The State and political authority in the major democracies. 2nd ed. Cheltenham, UK: E. Elgar, 1999.
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The politics of modern Europe: The state and political authority in the major democracies. Aldershot, Hants, England: E. Elgar, 1993.
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kultury, Czech Republic Ministerstvo, ed. Náboženství a veřejná moc v zemích Evropské unie: Sborník textů z konference = Religion and public authority in European Union Countries : conference proceedings. Praha: Ministerstvo kultury České republiky (Ministry of Culture of the Czech Republic), 2009.
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Integración regional y legitimidad democrática: Las competencias de los órganos regionales. Análisis comparado UE--SICA. San José, C.R: Editorial Jurídica Continental, 2013.
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Grenfell, Julian Grenfell, Simon Brown, and Great Britain: Parliament: House of Lords: European Union Committee. criminal law competence of the European Community: Report with evidence; 42nd report of Session 2005-06. Stationery Office, The, 2006.
Find full textBook chapters on the topic "Competent authority – European Union countries"
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McGrath, Eoin, and Petr Machalik. "The Regulatory Framework for CAR-T Cells in Europe: Current Status and Foreseeable Changes AND Centre Qualification by Competent Authorities and Manufacturers." In The EBMT/EHA CAR-T Cell Handbook, 191–98. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-94353-0_37.
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AbstractUnder current European Union regulations, CAR-T cell therapies fall under the advanced therapy medicinal products (ATMPs) framework. ATMPs represent a category of medicinal products defined in EU Regulation 1394/2007 and subdivided into four categories, of which autologous or allogeneic CAR-T cells, among other therapies, are considered gene therapy medicinal products (GTMPs). ATMPs are subject to a centralized evaluation framework whereby one authorization is valid for all countries in the EU led by the European Medicines Agency’s Committee for Advanced Therapies (CAT). The framework includes different regulatory pathways for bringing ATMPs from clinical trials to market authorization, and the regulatory pathway taken will depend on a product’s characteristics and the target patient population. In 2018, two chimeric antigen receptor (CAR) T cell therapies, Yescarta and Kymriah, completed their authorization process via the priority medicines PRIME scheme to Marketing Authorization (Detela and Lodge 2019).
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Hakelberg, Lukas. "Power in International Tax Politics." In The Hypocritical Hegemon, 25–48. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501748011.003.0002.
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This chapter develops a theory of power in international tax politics. This theory identifies market size and regulatory capacity as the decisive resources enabling governments to issue credible threats and inducements with a view toward making other governments do what they would not otherwise do. A lack of regulatory capacity explains why the European Union has not wielded the same power in negotiations over global tax policy as the United States despite the EU's similarly sized internal market. In fact, taxation remains an exclusive member state competence. Therefore, the European Commission has no administrative authority to impose penalties on third states or foreign firms not complying with tax good governance standards applicable within the union. At the same time, the principle of nondiscrimination enshrined in EU law prevents individual EU countries from passing sanctions against other member states abetting tax evasion and avoidance. Because of the lack of regulatory centralization in the EU, the US can act as a hegemon in international tax politics. Accordingly, US preferences determined by domestic politics decisively shape the content of global tax policy. The preferences of other governments merely affect the US administration's enforcement strategy.
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"Part B Commentary, 4 ESMA and Competent Authorities, Art.28: Data protection." In Market Abuse Regulation, edited by Ventoruzzo Marco. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198871095.003.0036.
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This chapter explores some special rules for the overall processing and transfer of personal data as detailed in Article 28. The exchange of information is part of the cooperation between the competent authorities, between a competent authority and the European Securities and Markets Authority (ESMA), or between a competent authority and authorities of third countries. The exchanged information may contain personal data; therefore, special provisions concerning the processing of this information are required. Article 28 obliges the competent authorities to carry out their duties specified in this Regulation in accordance with the GDPR (2016/679/EU). The ESMA is further obliged to comply with the Regulation (EU) 2018/1725 when personal data are processed. According to the last sentence of Article 28, personal data shall only be retained for a maximum of five years.
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Larsen, Signe Rehling. "State Transformation and Teleology." In The Constitutional Theory of the Federation and the European Union, 76–103. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198859260.003.0004.
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This chapter is concerned with the foundations and principles of public authority in the federation and the EU. The federation is a political association, but sovereignty is not at the heart of its public law. The federation is a dual political existence, and has a dual governmental structure composed of the institutions of the Union and of the Member States, neither of which can be explained by the theory of the state. The Union is not a new omni-competent ‘super-state’. Its powers are conferred and ‘functional’ because they are derived from achieving the aims of the Union (the federal telos). But the Member States are not states ‘in the classical sense’ either. Becoming a Member State entails a process of state transformation and constraints on the exercise of public authority. This process of state transformation is intertwined with the emergence of the constitutional regimes of the Member States.
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Tóth, András. "Central European Countries’ Competition Law Practice Contribution to the Development of EU Competition Law." In The Policies of the European Union from a Central European Perspective, 103–18. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_5.
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The case law of the Central European EU Member States has made important contributions to the development of EU competition law through preliminary rulings. First, restriction of competition ‘by object’ is an open category since the European Court of Justice’s judgment in the Hungarian insurance cartel: the competition authority or the court may also declare market conduct as anti-competitive by object if it is not yet characterized as having an anti-competitive object. Second, preliminary ruling questions referred from Central European countries have given the EU Court of Justice an opportunity to clarify the relationship between national and EU competition law.
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Zakharko, Andrii, and Oleksii Boiko. "THE STATUS OF IMPLEMENTATION OF THE CYBER CRIME CONVENTION IN EASTERN EUROPE." In Science, technology, and innovation: the experience of European countries and prospects for Ukraine. Publishing House “Baltija Publishing”, 2021. http://dx.doi.org/10.30525/978-9934-26-190-9-7.
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The monograph analyzes the status of reform of criminal procedure legislation of Ukraine and other Eastern European countries to implement the procedural provisions of the International Convention on Cybercrime in order to determine the procedural powers of pre-trial investigation authorities to collect electronic evidence. The relevance of the research topic is substantiated by statistical data on the rapid growth of the number of criminal offenses, the method of committing which is inextricably linked with the use of computers and computer data processing. The monograph consists a systematic analysis of the procedural powers of pre-trial investigation bodies which are provided for in the Convention on Cybercrime and aimed at increasing the effectiveness of pre-trial investigation bodies in documenting criminal activity, taking into account the specific form of factual data that need to be collected as evidence in these investigations. It is stated that the need to supplement the procedural powers of pre-trial investigation bodies in the investigation of computer crimes is determined by such factors as: technological ability to change, distort, modify and destroy electronic data quickly after using them in computer crimes; technological possibility of placing such electronic data outside the territorial jurisdictions of individual states and outside the location of continents, etc. It has been established that in order to ensure the effectiveness of pre-trial investigations into computer crimes, the powers of the prosecution need to be supplemented by the following procedural possibilities, provided for in the Cybercrime Convention: the possibility for the competent authority to issue an order for the urgent retention of certain computer data, including data on the movement of information stored by the computer system, in particular when there are grounds to believe that such computer data is particularly vulnerable to loss or modification; the obligation of the person who controls the relevant computer data to kept and maintain the integrity of such computer data for a certain period of time which is necessary to obtain permission from the competent authority to disclose such data; the obligation of the person who must keep such computer data on the order of the competent authority, to maintain the confidentiality of the fact of such procedures for a certain period; ensuring the possibility of urgent storage of data on the movement of information, regardless of the number of service providers involved in the transmission of such information; ensuring the possibility of urgent disclosure of information on the movement of information, to the competent authority. Such amount of information is sufficient to identify service providers and the route of the information`s transmission; search and seizure of computer data, etc. A systematic analysis of the criminal procedure legislation of Eastern European countries has shown that Ukraine’s neighbors have also not fully signed and ratified the procedural provisions of the Convention on Cybercrime. Only Hungary, Romania and the Republic of Bulgaria have secured the most effective powers of the analyzed states. In particular, the criminal procedure law of these states provides for such powers of the prosecution as: issuing a warrant for the urgent preservation of certain e-data; the person’s responsibility to maintain the integrity of stored e-data; seizure of data, computer system, part or medium; copying and saving a copy of such e-data; preserving the integrity of stored e-data; extracting e-data from a computer system, etc.
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Elek, Balázs. "Criminal Judicial Cooperation from a Central and Eastern European Perspective." In The Policies of the European Union from a Central European Perspective, 259–79. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_13.
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Today, the European Union and EU law influence essentially all areas of the law in Member States. Criminal and criminal procedural law are no exception. The European Union can require Member States to criminalize certain defined behaviors, determine the opinion on criminal sanctions that will punish perpetrators, and oblige the states to apply measures in certain areas of criminal law and laws on criminal procedure. As such, the harmonization of substantive and procedural norms in the Member States’ criminal law falls in the EU’s scope of authority. After the accession of the countries of Central and Eastern Europe to the European Union, the harmonization of criminal and criminal procedural law throughout the European Union has been taken to a new level. There were also previously trust-based agreements on criminal co-operation between East and Central European countries, so mutual trust in EU cooperation was not entirely new in these countries. The harmonization has also been facilitated by the fact that there have historically been many similarities between Member States’ legal systems. One of the best examples of this is the habeas corpus principle. The harmonization of criminal procedure rules has already been developed with the countries of East and Central Europe. However, the case law of the European Court of Justice regularly shows that in former Western European countries there is a greater distrust of the legislation of the East-Central European countries and that the new East–Central Member States often approach a legal issue quite differently.
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Scott, Joanne. "The External Influence of the Court of Justice of the European Union." In The Impact of the European Court of Justice on Neighbouring Countries, 16–37. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0002.
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This chapter explores aspects of Court of Justice of the European Union (CJEU) case law that highlight the role that this Court has played in enhancing the global reach of EU law and the influence of its own judgments abroad. It addresses two main themes. The first theme is concerned with the CJEU’s contribution in shaping the institutional arrangements established by international agreements concluded by the EU with its neighbouring countries, particularly as regards the role carved out for the CJEU within them. The CJEU has succeeded in enhancing its own role and interpretative authority within the framework of these agreements. The chapter argues that the CJEU has emerged as an agent of its own authority by jealously guarding its interpretative supremacy, as well as the autonomy of EU law. The second theme is concerned with CJEU case law addressing ‘global reach’ EU law. This includes EU law which is extraterritorial, or which gives rise to territorial extension. It also covers EU legislation, which serves as a catalyst for the ‘Brussels Effect’. It is argued that the CJEU has enhanced the external influence of EU law by interpreting broadly and upholding the lawfulness of global reach EU law. Taken together, these two themes exemplify the ways in which EU law, including CJEU judgments, can have influence in third countries. This analysis contributes to our understanding of why some judgments issued by the CJEU have proved to be particularly influential in third countries, as exemplified by the various chapters included in this volume.
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Thiele, Alexander. "Foreign-exchange operations of the ECB and exchange-rate policy." In The EU Law of Economic and Monetary Union. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198793748.003.0028.
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According to Article 127(1) TFEU, it is the core purpose of the European System of Central Banks (ESCB) (with the European Central Bank (ECB) at the top) to maintain price-stability within the European Monetary Union (EMU). It is this task that is usually referred to, where the ‘monetary mandate’ or the ‘monetary policy’ of the ECB is mentioned. However, though this monetary mandate is not only the most prominent but most certainly also the most disputed task of the ESCB–especially since the financial and euro crisis–it is by no means the only task transferred onto the ESCB (respectively the ECB) by the Member States. According to Article 127(2) TFEU, the basic tasks to be carried out by the ESCB in actual fact include the conduct of foreign-exchange operations and thus the ‘foreign policy’ relations of the euro area and the euro with other currency areas (mainly states) and currencies. When creating the EMU, however, it was highly disputed whether the ECB or the Council should be the competent authority to conduct or rather to decide on such operations.
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Ayre, Dave. "The changing landscape of local authority commissioning." In Local Authorities and the Social Determinants of Health, 177–96. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781447356233.003.0010.
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This chapter assesses the history of the relationship between public and private sectors and the extent to which the political and regulatory environment of governments and institutions such as the European Union (EU) can help or hinder the efforts of public bodies in seeking to deliver services that determine the health and quality of life for communities. The relationship of public and private sectors in the United Kingdom (UK) and the commissioning, procurement, and development of public–private partnerships is driven by the prevailing political and economic environment. However, rigorous academic research on the benefits of partnering to organisations, societies and between countries is limited. Evidence is needed to fill the policy vacuum. A bolder approach is necessary to work with public and private sectors to develop and implement successful partnering alternatives to the outsourcing of public services. The growing catalogue of outsourcing failures in construction, probation, rail franchising, health, and social care is creating an appetite for change, and the exit of the UK from the EU provides the opportunity.
Conference papers on the topic "Competent authority – European Union countries"
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Thompson, Trevor. "Laboratory Accreditation in Europe." In NCSL International Workshop & Symposium. NCSL International, 2012. http://dx.doi.org/10.51843/wsproceedings.2012.11.
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0.1 In recent years the attitude of the European Commission (EC) and of the Governments of the European countries, toward accreditation has changed such that it is now regarded as a national authority function, to be conducted in the absence of competition. Each European Union (EU)member state appoints a sole national accreditation body operating generally only within its national borders.0.2 Under the provisions of the European co-operation for Accreditation [2] Multi Lateral Agreement (EA MLA) [3] the European accreditation bodies now cooperate to ensure that laboratories are accredited by the accreditation body of the economy in which they are established. The European accreditation bodies do not compete in Europe and the work of any laboratory is assessed by the accreditation body local to the site concerned. This underpins the MLA by demonstrating the equivalence of the work of the accreditation bodies. It further ensures the growth and development of the accreditation bodies in the newer, smaller economies of the European Union.0.3 The author will explain the background, the legislation and the measures taken to serve the needs of laboratories including the multi-national laboratory owners and their customers. He will describe the benefits and the difficulties of implementing this regime and will include a brief discussion on “legal entities” as featured in the ISO/IEC 17000 series of accreditation standards as this often crucially affects the available choices for a European accreditation applicant.
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Ballı, Esra, and Gülçin Güreşçi Pehlivan. "Economic Effects of European Neighborhood Policy on Countries." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00777.
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After the fifth enlargement of European Union in 2004 and with the expansion of European Unions borders and new neighbors, it became one of the important policies to provide security, stability and prosperity, and develop relationship between neighborhood countries. Although, enlargement process provide some opportunities to the member states of European Union, it brings about some difficulties. The differences at the life standards, environment, public health, prevention and combating organized crime between European Union and neighbor countries caused to create new policies. European Neighborhood Policy was launched in 2004, and consists of 16 countries, namely: Israel, Jordan, Moldova, Morocco, The Palestinian Authority, Tunisia, Ukraine, Armenia, Azerbaijan, Egypt, Georgia, Lebanon, Algeria, Syria, Libya and Belarus. European Union and the partner country sign the Partnership and Cooperation Agreements or Association Agreements, and then the Agreement Action Plans are mutually adapted. Action Plans include privileged relationship, mutual commitment to common values, democracy and human rights, legal and market economy principles, good governance, sustainable development, energy and transportation policies. Within the framework of European Neighborhood Policy, the main aim is to arrange the relationship between the neighbors of European Union. In this study, economic effects of the European Neighborhood Policy will be examined for the relevant countries.
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Rudohradská, Simona, Regina Hučková, and Gabriela Dobrovičová. "PRESENT AND FUTURE - A PREVIEW STUDY OF FACEBOOK IN THE CONTEXT OF THE SUBMITTED PROPOSAL FOR DIGITAL MARKTES ACT." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22440.
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In this paper authors analyse a case of Facebook which was assessed by German competition authority – Bundeskartellamt. Facebook has been suspected of abusing its dominant position in the context of protection of personal data. This case was subsequently considered by the competent national judicial authorities, which finally referred the questions to the Court of Justice of the European Union (Oberlandesgericht Düsseldorf ) in case C-252/21. At the present stage of the proceedings are published exclusively Application and Request for preliminary ruling. The authors aim heads to examine the disputed action of platform in the context of the proposed Digital Markets Act and to confront them with the obligations imposed by this proposal for a regulation for new category of entities – so called- gatekeepers.
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Mihalech, Patrik, and Martina Košíková. "Cluster Analysis of the EU Banking Sector Based on EBA Risk Indicators." In EDAMBA 2021 : 24th International Scientific Conference for Doctoral Students and Post-Doctoral Scholars. University of Economics in Bratislava, 2022. http://dx.doi.org/10.53465/edamba.2021.9788022549301.306-316.
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Banking sector plays a key role in financial system of every developed country. To know possible weaknesses proper risk management is necessary. European Banking Authority (EBA) is the arterial institution in attempt to consolidate risk management among different countries of European Union. EBA discloses on quarterly basis various Key Risk Indicators (KRIs) for all EU member countries. The goal of this paper is to analyze chosen KRIs of all EU countries and based on distances and similarities among them, insert them into homogenous groups. The purpose of the analysis is to seek insights into different countries bank’s sector and finding similarities among them, which might not be visible at the first glance. For the research, both hierarchical and non- hierarchical cluster analysis were performed. Results show that we could observe four groups of states which could be, with a little generalization, labeled as eastern countries, southern countries, northern countries and middle and core countries of EU, based on analyzed KRIs.
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Beutel, Jochen, Edmunds Broks, Arnis Buka, and Christoph Schewe. "Setting Aside National Rules that Conflict EU law: How Simmenthal Works in Germany and in Latvia?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.
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At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.