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1
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.
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Keighley, Tom. "Accession to the European Union 2001–2010." Nursing Ethics 19, no. 1 (June 14, 2011): 160–66. http://dx.doi.org/10.1177/0969733011404587.
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Since 2001, the Commission of the European Union has instigated Peer Reviews to help countries preparing to accede to the European Union. Added to this has been the provision of workshops and individual expert inputs. This article recounts the experiences of the author in this process. It focuses on how a single directive has revealed major ethical challenges for nurses, their national associations and state governments as they seek to implement the changes required. In particular a sub-agenda has emerged relating to general education, access to higher education and the position of women in these countries. The ethical challenges include freedom to practice and creation of competent authorities to provide proper oversight of the health care professions. In 2011, the directive is being reviewed and this article offers arguments for its continuation, even in an unreformed state.
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Kitsak, Taras, and Andrii-Vitalii Klym. "Implementation of the customs policy of Ukraine amid improvement of its regulatory and legal support." Democratic governance 30, no. 2 (December 31, 2022): 131–43. http://dx.doi.org/10.23939/dg2022.02.131.
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Statement of the problem. The current stage of Ukrainian society development requires introduction of absolutely new approaches to ensuring the national security of the country. To enable the adequate response to the challenges in today’s life, it is necessary to re-assess the approaches to the customs policy and improvement of its regulatory and legal support, to guarantee efficient governmental regulation of the customs procedures and further European integration of Ukraine. Currently, administration in the area of customs policy is underdeveloped and requires updates to be in line with the realities of our time as well as the standards and regulations of the European Union. In particular, the public administration system in Ukraine does not meet the needs of the country in terms of the comprehensive reformation in various areas of the governmental policy and the European standards. Hence, it is necessary to outline and study the challenges existing in the area of customs policy and its regulatory and legal support, as well as identify the ways to address this issue. Analysis of the latest researches and publications. The customs policy implementation challenges have been researched by many scientists studying this multifaceted issue. It is worth mentioning the works of M. Bilukha, O. Hodovanets, T. Ye- fymenko, I. Kveliashvili [3], L. Kyida, O. Kolomoiets [5], V. Martyniuk, T. Mykytenko, Mosiakina, V. Pashko, V. Khomutynnik, N. Shevchenko and many others. They convey the nature and specifics of the customs policy of Ukraine and management of the same, determine the role of the customs in the system of public authorities, detail the special aspects of customs control. Addressing the previously untouched points of the general problem. The subject of the research is the in-depth study of Ukraine’s customs policy implementation amid improvement of its regulatory and legal support, with due regards to the European integration ambitions of Ukraine. Presentation of the basic research material. The customs policy of Ukraine is both complex and comprehensive, being one of the key components in the system of public administration of the foreign economic activity. It features clearly definedinstitutional support, customs policy implementation methods, mechanisms and directions. Generally, customs policy should be reviewed both as a narrow and a broad phenomenon. In the first case, it is characterized by the subjects of its implementation, and in the second one, the national economic interests. These approaches to interpretation of the nature of the specified category are equivalent. The customs policy is most powerful if it is implemented in the context of efficient governmental control of all the social processes. The legal regulation aimed at governing the external economic relations, defending the interests of the domestic manufacturers, coordinating and regulating the external trade structure, and generally strengthening the country’s economic securityplays a huge role. In addition, it is important to dwell on the customs control because it ensures efficiency and effectiveness of the customs transactions in the researched area. Adoption of the Law of Ukraine «On customs control of Ukraine» is the way to systematize the legal regulations in the area of customs policy and bring them in line with the international norms and standards. Misalignment of the legal regulations governing customs control and various areas of its implementation is one of the key obstacles on the way to efficient customs clearanceprocedures in our time. Another big challenge in the area of customs policy is incongruity between the Ukrainian legal regulatory basis and the key provisions of the European legislation. Considering importance of maintaining the European integration ties for Ukraine, the legislative basis of the country has to be greatly unified and brought in line with the European Union standards. Implementation of the customs policy of Ukraine amid improvement of its regulatory and legal support has to be based on unification of the customs legislation owing toupdate of the separateprovisions of the regulatory framework; execution of the governmental operations in the area of customs policy within the competence of the State Customs Service of Ukraine; facilitation of joint activity underway fulfillment of the international agreements; supervision over customs authority employees’ strict abidance by the laws of Ukraine in conformity with the relevant law enforcement activity and the national security of the country; introduction of the legislative support procedures on the joint borders with the European countries and implementation of the same amid stabilization and maintenance of the efficient interstate relations of the parties. Conclusions. As an essential component of the country’s economic policy, customs policy requires a thorough study in terms of the particular relations in the customs area. Ultimately, it is important to focus on the regulatory and legal support and improvement of the same, which is gaining weight amid the European integration goals of Ukraine. Apart from the above, it is necessary to address the challenges in the customs control area and substantiate adoption of the special Law of Ukraine “On customs control of Ukraine.” Unification of the regulatory and legal support in the customs clearance area will not only improve the work of the public authorities in the customs control area, but also speed up the European integration processes that have already started in Ukraine and have become objective and irreversible.
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Pukeliene, Violeta, and Austeja Kažemekaityte. "TAX BEHAVIOUR: ASSESSMENT OF TAX COMPLIANCE IN EUROPEAN UNION COUNTRIES." Ekonomika 95, no. 2 (October 3, 2016): 30–56. http://dx.doi.org/10.15388/ekon.2016.2.10123.
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The aim of this paper is to assess the impact of the selected tax behaviour determinants for the overall tax (non) compliance in European Union countries for a period from 2003 to 2014. Firstly, the literature on tax behaviour is analysed through the viewpoint of behavioural economics and the systemisation of the main determinants is provided. Secondly, selected tax behaviour determinants for the analysis are presented, hypotheses raised and models formed. Research suggests that tax morale, socio-cultural determinants and the relationship between tax authority and taxpayers have an overall significant impact on tax behaviour in European Union countries. Nevertheless, the effect from different determinants varies greatly across regions and countries.
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Martirosyan, Diana G. "LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW." SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no. 1 (2022): 121–31. http://dx.doi.org/10.26653/2076-4650-2022-1-09.
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The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.
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Skauradszun, Dominik. "Legal Protection against Decisions of the Single Resolution Board pursuant to Article 85 Single Resolution Mechanism Regulation." European Company and Financial Law Review 15, no. 1 (June 13, 2018): 123–47. http://dx.doi.org/10.1515/ecfr-2018-0005.
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The Single Resolution Board is a powerful authority in the European Union – perhaps even one of the most powerful. The system for legal protection against decisions of the Single Resolution Board based on Article 85 of the Regulation (EU) No 06/2014 is complex. The competent Appeal Panel has rejected more than 80 percent of all cases up to now and decided that the large majority of all appeals were not even admissible. Nevertheless, the legal literature on legal protection against decisions of the Single Resolution Board is minimal. As far as can be seen, no in-depth examination of the appeal procedure has been published yet. Case law of the General Court is not (yet) available. This study examines Article 85 of the Single Resolution Mechanism Regulation and presents an interpretation of the legal protection system that balances the interests of credit institutions as well as the interests of the European financial market and the European taxpayers in a powerful European resolution authority. The results are summarised in 10 theses at the end of this paper for further discussion.
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Franusz, Anna. "POLICE DUTIES IN PROCEEDINGS CONCERNING FAMILY MATTERS OF MINORS UNDER SELECTED EU AND INTERNATIONAL LAW (WITH PARTICULAR REFERENCE TO CASES OF CHILD ABDUCTION)." PRZEGLĄD POLICYJNY 138, no. 2 (August 27, 2020): 109–20. http://dx.doi.org/10.5604/01.3001.0014.3670.
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The interests of children are of paramount importance, therefore it is sometimes necessary for the authorities to interfere in matters relating to their custody, when a child is likely to have been wrongfully removed or retained in breach of the rights of custody attributed to a person, an institution or any other body (child abduction). Therefore a number of international and European Union legal acts impose on national legislators the obligation to introduce mechanisms involving central authorities into cooperation with each other and promoting cooperation amongst the competent authorities in their respective states to make proper discoveries to secure the prompt return of children. For this purpose, the Law of 26 January 2018 on the exercise of certain acts of the central authority in family matters relating to legal transactions under European Union law and international agreements was adopted. Pursuant to its provisions, Police offi cers shall, by virtue of their specifi c powers, assist the central authority and the courts on matters relating to the abduction of minors abroad. Their role is mainly linked to providing the authorities with relevant information, assisting the probation offi cer, and searching the place where the minor is presumed to be living.
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Savchenko, M. "Integration of Ukraine into European Union securities market." Galic'kij ekonomičnij visnik 69, no. 2 (2021): 168–78. http://dx.doi.org/10.33108/galicianvisnyk_tntu2021.02.168.
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The paper deals with the main parameters of the Ukrainian securities market at the current stage, identifies its functioning problems, gives a set of measures for the effective implementation of Ukraine's desire to integrate the national stock market into the European Union. Compared with the stock markets of the EU countries, the domestic securities market is underdeveloped, poorly regulated and illiquid, therefore there is the need to develop it and implement the European legislative initiatives. The paper covers the basic laws in the field of legal regulation of the Ukrainian and EU securities market. The investigation includes the results of the research of the current experience in leading European countries in terms of capitalization of the largest stock exchanges in Europe. The classification of 5 largest European stock exchanges is given and the influence of COVID-19 virus on their activity is analyzed. The main trends in the field of securities investment market of the largest stock exchanges in Europe and Ukraine are led. While examining statistical data concerning the capitalization of European stock exchanges in comparison with the PFTS of Ukraine in 2019, the LSE (London Stock Exchange) ranks 1st with €3.86 bn., 2nd place is taken by Euronext – €3.4 bn., 3rd place by Deutsche Börse having capitalization volume at the level of €1.9 bn., and PFTS Ukraine – €0.17 bn., which indicates that Ukrainian securities market is insufficiently elaborated. Nowadays, the Ukrainian securities market repeats European historical development trends, and at this stage it largely depends on the directions of development that international stock markets can take. Changes in European securities markets are extremely rapid and require competent response from regulatory structures. The rapid development of the European stock market, accompanied by the emergence of advanced technologies in the field of securities and new financial instruments, make it necessary to monitor all the changes and innovations that happen in the Ukrainian securities market in order to develop more effective recommendations for improving its functioning and regulation. In addition, integration with the European Union requires deeper and more radical reforms of the domestic state administration, macroeconomic regulation, property relations, and anti-corruption policy. Only a large-scale and complete reform will enable progressive renewal and effective, socially responsible integration into the EU countries, taking into account national interests.
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Krutova, Ērika. "THE IMPACT OF BORDERLESS AREA ON THE POLICE INTERNATIONAL COOPERATION." BORDER SECURITY AND MANAGEMENT 1, no. 6 (May 10, 2016): 71. http://dx.doi.org/10.17770/bsm.v1i6.1710.
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In 2007 after signing the Treaty of Lisbon cooperation among police and other competent law enforcement offices became the official European policy, although the denial of inner borders started already in 1985. Since that time it is radically changed the legal basis of police cooperation.In spite of the fact that the denial of inner borders has started police cooperation, now due to terroristic acts taking place directly in European Union discussions on resumption of borders happen more often. The aim of this article is to start the discussion why interstate police cooperation is still ineffective. The task of this article is to pay the attention to those normative and legal acts in different levels makes cross-border cooperation difficult, not simple and easy. A legal act comes into force but there is no a competent official who is ready to apply it. Thus the fulfilment of all formal demands takes place while the practical realisation lags far behind. While the European Union develops secure, free and legal environment widens several criminal authority powers, it still does not work on gaining the expected result. There is a small number of articles and publications on law offices cooperation tools as it is a very specific field. The author comes to the conclusion that without examining new tools there is no possibility to apply them correctly and effectively. Police departments’ different understanding and law enforcement offices’ traditional work methods embarrass the application of new and effective cooperation tools.
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Palojoki, Sari, Kaija Saranto, and Lasse Lehtonen. "Reporting medical device safety incidents to regulatory authorities: An analysis and classification of technology-induced errors." Health Informatics Journal 25, no. 3 (July 27, 2017): 731–40. http://dx.doi.org/10.1177/1460458217720400.
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The European Union Medical Device Directive 2007/47/EC1 defines software with a medical purpose as a medical device. The implementation of health information technology suffers from patient safety problems that require effective post-market surveillance. The purpose of this study was to review, classify and discuss the incident data submitted to a nationwide database of the Finnish National Competent Authority with other forms of data. We analysed incident reports submitted to the authority database by users of electronic health records from 2010 to 2015. We identified 138 valid reports. Adverse events associated with electronic health record vulnerabilities, clustered around certain error types, cause serious harm and occur in all types of healthcare settings. The low rate of reported incidents raises questions about not only the challenges associated with medical software oversight but also the obstacles for reporting.
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O'Donovan, Joan Lockwood. "Political Authority and European Community: The Challenge of the Christian Political Tradition." Scottish Journal of Theology 47, no. 1 (February 1994): 1–18. http://dx.doi.org/10.1017/s0036930600045610.
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Today the whole of Europe, East and West, is caught up in the search for new political and economic structures, sadly, along violent and atavistic as well as peaceful and constructive paths. In the West the fulcrum of change is the halting movement of countries toward economic and political ‘integration’ within the European Community. The issue of what form, or forms, the Community should take (whether federal, confederal, or more loosely associative) is understandably divisive, for its resolution will determine the political shape, not only of the member states, but also of those western European countries (should there be any eventually) that remain either outside the Community or only partially integrated in it. Moreover, it will decisively influence the political and economic aspirations and possibilities of the Community's eastern European neighbours, and even of their Soviet or ex-Soviet neighbours. Thus are we justified in viewing the fate of the European Community as the fate of Europe. Consequendy, it is a task of theoretical and practical moment to attempt to grasp the civilisational meaning of the projected European union with the help of some points of reference from western Europe's past and present.
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López Insua, Belén. "LÍMITES AL DERECHO DE ASISTENCIA SANITARIA TRANSFRONTERIZA Y PRINCIPIO DE PROPORCIONALIDAD TRAS LA SENTENCIA DEL TJUE DE 23 DE SEPTIEMBRE DE 2020." E-REVISTA INTERNACIONAL DE LA PROTECCION SOCIAL 5, no. 2 (2020): 374–99. http://dx.doi.org/10.12795/e-rips.2020.i02.17.
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Health protection is one of the fundamental pillars of the European Union and of the process of social-democratic constitutionalism. The achievement of a Community health care system is now more than ever one of the great challenges for the European community. In spite of these objectives, the European Union has adopted a logic that relies more on an interventionist model than on simple coordination, rather than on a harmonised system for all Member States. Unfortunately, this particular cooperative pluralism has made each of the Community countries competent and responsible for the coordination rules laid down by the Union. In this sense, Directive 2011/24/EU is set as the reference standard to guarantee the right of all European citizens to receive safe and quality healthcare, both in the public sphere and in the private sphere of another Member State. The aim is to guarantee the freedom of movement and movement of persons without damaging health. Today, the right to health care is a fundamental social right of a primary nature, which is linked to the right to life and dignity.
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Piątek, Wojciech. "The right to an effective remedy in European law: significance, content and interaction." China-EU Law Journal 6, no. 3-4 (September 2019): 163–74. http://dx.doi.org/10.1007/s12689-019-00086-3.
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Abstract One of the basic rights and a general principle of the European Union is the right to an effective remedy. In the paper is presented the basis of the right to an effective remedy derived from the first paragraph of Article 47. The right could be realized only before a tribunal which is an extraordinary public authority competent to adjudicate civil, criminal and administrative cases. The effectiveness of a remedy manifests itself in the sense of preventing the alleged violation of law or its continuation, or in providing adequate redress for any violation that had already occurred. The standard of the right to an effective remedy is fulfilled in all EU Member States differently. As an example in the paper was presented interactions between above mentioned standards and polish legal system in the area of administrative judiciary.
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Stojanović, Boban, Zorana Kostić, and Vladan Vučić. "Alignment with EU Regulations in the Field of the Competition Policy and System of State Aid in Western Balkan Countries." Economic Themes 59, no. 2 (June 1, 2021): 173–91. http://dx.doi.org/10.2478/ethemes-2021-0010.
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Abstract The underying idea behand the foundation of the European Union is a single, integrated and competitive market. The future of the entire Western Balkans region (Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia) lies within the European Union. The main purpose of this paper is to explore the multiplicative effects of the alignment of European Union regulations with the competition policy in Western Balkan countries. In addition, the paper is designed to highlight the specific issues, challenges in this field, and provides an overview of empirical trends. A combination of qualitative and quantitative approach proposes methodological framework which recognizes different economic environments and regulatory frameworks. By comparing selected economic indicators related to competiton authorities (number of staff in the national authorities, annual budget of the national authorities, number of prohibited agreements, abuse of dominant position, notification of concentrations, opinions), the authors give a reliable basis for comparative progress analysis in this filed. Using multi-criteria optimization as a key method, as well as network and input-output display, the obtained results suggest country whose competition authority is efficient frontier. The significance of this research stems from the current debate whether the harmonized competition policy should speed up and facilitate the process of the accession of new member states to the European Union.
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Grieco, Joseph M. "The Maastricht Treaty, Economic and Monetary Union and the neo-realist research programme." Review of International Studies 21, no. 1 (January 1995): 21–40. http://dx.doi.org/10.1017/s0260210500117504.
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With the Treaty on European Union, or the Maastricht Treaty, into force in November 1993, the member-states of the European Community (EC) appeared to be embarking on a far-reaching enterprise to enhance the authority of Community institutions. Continuing a process that had begun with the Single European Act (SEA), into force in 1987, Maastricht increased the powers of the European Parliament. It established mechanisms whereby EC countries were to seek to improve policy coordination in such diverse areas as social affairs, high technology, border controls, immigration, and anti-crime efforts. It committed the EC members to work toward the establishment of a common foreign and security policy. Most importantly, it laid out a path and timetable for qualified EC members to achieve Economic and Monetary Union (EMU) by the end of the 1990s.
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Scott, Benjamyn I. "Open Skies for Unmanned Aircraft in Europe: An Outlier or a New Approach?" Air and Space Law 46, Issue 1 (January 1, 2021): 57–80. http://dx.doi.org/10.54648/aila2021003.
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Commission Implementing Regulation 2019/947 and Commission Delegated Regulation 2019/945 contain, inter alia, the detailed rules and procedures for the operation of unmanned aircraft. The rules were developed by the European Union Aviation Safety Agency with the goal of ensuring a high level of safety for all unmanned operations as the number one priority. The two regulations, in addition to providing safety-based rules rooted within the European aviation safety acquis, can also be seen as a set of rules providing access to the single European sky for both EU and third-country operators. This article will analyse the relevant access to the airspace articles in both regulations in order to show how they facilitate unmanned aircraft operations; how they deviate from the typical modus operandi of manned aviation rules; and what the wider consequences are for both manned and unmanned aviation. Unmanned Aircraft, Access to the Single European Sky, Open, Specific and Certified Category, Competent Authority, Cabotage, Tenth Freedom of the Air
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CRISTE, Adina, and Iulia LUPU. "A Comparative Analysis of Macroprudential Policy across Euro Area Candidate Countries." Applied Finance and Accounting 7, no. 1 (February 23, 2021): 10. http://dx.doi.org/10.11114/afa.v7i1.5150.
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Concerns to setting an appropriate overall macroprudential policy framework have taken shape at local, regional, and global level since the onset of the global financial crisis. At regional level, a particular case is that of the European Union, given the national-supranational relationship specific to this economic region. The article aims to identify the macroprudential policy condition of the Euro Area candidate countries, by using an index built on some criteria that describe on the one hand, the capacity of macroprudential policy governance and the “activism” of macroprudential authority, and, on the other hand, the degree of compliance with the European Systemic Risk Board (ESRB) recommendations for national macroprudential authorities, given that the countries under review are member states of the European Union. Our findings show that the Euro Area candidate countries have quite different macroprudential policy features, both in terms of its governance and in terms of the “convergence” towards ESRB recommendations. Although the analysis should be extended by adding other relevant criteria, we can assert that it offers an overview of the potential role of the national macroprudential policy as a shock-absorber instrument in the perspective of a future accession to the Euro Area.
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Kopacz, Marta. "GLOSA DO WYROKU NACZELNEGO SĄDU ADMINISTRACYJNEGO Z DNIA 26 SIERPNIA 2014 R., SYGN. AKT I OSK 170/13* [ODNOŚNIE DO OCENY FORMALNEJ SKARGI NA CZYNNOŚĆ Z ZAKRESU ADMINISTRACJI PUBLICZNEJ DOTYCZĄCEJ UPRAWNIEŃ LUB OBOWIĄZKÓW WYNIKAJĄCYCH Z PRZEPISÓW PRAWA]." Civitas et Lex 9, no. 1 (March 31, 2016): 35–40. http://dx.doi.org/10.31648/cetl.2294.
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The assessment of formal complaint is discussed in this comment. It concerns the activities ofthe public administration of entitlements or obligations under the law. It was pointed out that filethe claim against such action must be preceded by a summons of the competent authority to removea breach of the law. It was noted, there is no regulation process, that could be applied in the caseof a referral of this summons to the incompetent authority to his diagnosis, in the domestic legalorder. The analysis of legal regulations, which could be relevant in such situation was done in thispaper. The reference made by the Court in its judgment to rule contained in Art. 15 of the EuropeanCode of Good Administration, was rated correct. That argument was way out of the realization ofthis case, under Art. 41 of the Charter of Fundamental Rights of the European Union, the rightto good administration.
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Kellerer, Jan D., Matthias Rohringer, and Daniela Deufert. "Factors influencing nursing competence of registered nurses in the European Union: A scoping review." Journal of Nursing Education and Practice 13, no. 1 (September 13, 2022): 6. http://dx.doi.org/10.5430/jnep.v13n1p6.
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Background and objective: In the countries of the European Union, more than three million registered nurses take responsibility for health care in various acute- and long-term settings. The development of nursing competence and its continuous evaluation are part of the European strategy to ensure high-quality health care. Transnational standards in the education of nurses intend to ensure the advancement of competent nurses. However, competence is a multifactorial construct that does not solely rely on formal qualifications. Experience, contextual conditions, knowledge and skills as well as values, norms and rules are defined as critical components of competence. Thus, the aim of this scoping review was to identify factors that influence the nursing competence of RNs in countries of the European Union.Methods: A scoping review following the guidelines of Joanna Briggs Institute was conducted. Quantitative studies assessing nursing competence by psychometrically tested instruments and exploring respective influence factors were searched in electronically databases (Cochrane Library, CINAHL, Medline, DOAJ, ERIC, Academic Search Elite, PsycInfo, PsycArticles, CareLit). Extracted study results were deductively structured with reference to theoretically reasonable factors of competence. Results: A total of sixteen studies were included in this scoping review. Most studies were conducted in Northern European countries. Experience (operationalized as age and years of working as a registered nurse), professional nursing context, type of nursing education, non-formal acquisition of nursing-specific knowledge as well as experiencing workplace autonomy, high quality of care and empowerment all influence the competence of registered nurses.Conclusions: For most European countries, there are neither scientific data on nursing competence nor on its influencing factors available. Our findings emphasize the importance of considering factors that influence nursing competence in the course of systemic policy-making on nursing development as well as on organizational nursing governance. We strongly suggest the conduct of longitudinal studies in further countries of the European Union to gain further insights on nursing competence and to explore the impact of its influencing factors.
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Horoshkova, Lidiia, Vladimir Volkov, and Ivan Karbivnychyi. "Method of searching of parties parity at public-private partnership." University Economic Bulletin, no. 38 (July 3, 2018): 40–47. http://dx.doi.org/10.31470/2306-546x-2018-38-40-47.
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In work the analysis of experience realization reforming administratively-territorial device and decentralization of management in the European countries is carried out. The comparisons of different models of decentralization of authority are carried out. The features of administrative-territorial transformations in the countries - members of EU are investigated which have resulted in positive and negative results. Is shown, that the European practice demonstrates a growing role of local self-management in system of public authority and opportunity of effective delimitation of powers of bodies of the executive authority and local self-management in nation-wide and territorial management. Is established, that in the majority of the countries of Europe at local and regional levels practically all to the competence, except for competent of nation-wide meaning(importance), belong to powers of bodies of local self-management. Is established, that in the countries of Europe the tendency to integration of administrative - territorial units of a base level is traced which answers a level of communities in Ukraine and also decentralization and reforming of functional powers in system administratively - territorial device. The carried out comparative analysis of powers of administrative-territorial units in the different countries, structure and features of formation of the incomes of local bodies self-management. On the basis of the carried out(spent) analysis the carried out offers concerning formation of the Ukrainian model of decentralization. Is proved, that for reception of positive results of decentralization of authority in Ukraine it is necessary simultaneously to take into account such aspects: introduction of mechanisms of wide attraction of the members of territorial communities to participation in management; to develop communities as public corporations on own resources; to ensure w ide scope of local self-management, to expand their jurisdiction on territory outside the occupied items; the decentralization of powers can be accompanied by decentralization of budget resources.
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Horoshkova, Lidiia, Vladimir Volkov, and Roman Karbivnychyi. "Decentralization of society as national trend." University Economic Bulletin, no. 38 (July 3, 2018): 89–97. http://dx.doi.org/10.31470/2306-546x-2018-38-89-97.
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In work the analysis of experience realization reforming administratively-territorial device and decentralization of management in the European countries is carried out. The comparisons of different models of decentralization of authority are carried out. The features of administrative-territorial transformations in the countries - members of EU are investigated which have resulted in positive and negative results. Is shown, that the European practice demonstrates a growing role of local self-management in system of public authority and opportunity of effective delimitation of powers of bodies of the executive authority and local self-management in nation-wide and territorial management. Is established, that in the majority of the countries of Europe at local and regional levels practically all to the competence, except for competent of nation-wide meaning(importance), belong to powers of bodies of local self-management. Is established, that in the countries of Europe the tendency to integration of administrative - territorial units of a base level is traced which answers a level of communities in Ukraine and also decentralization and reforming of functional powers in system administratively - territorial device. The carried out comparative analysis of powers of administrative-territorial units in the different countries, structure and features of formation of the incomes of local bodies self-management. On the basis of the carried out(spent) analysis the carried out offers concerning formation of the Ukrainian model of decentralization. Is proved, that for reception of positive results of decentralization of authority in Ukraine it is necessary simultaneously to take into account such aspects: introduction of mechanisms of wide attraction of the members of territorial communities to participation in management; to develop communities as public corporations on own resources; to ensure wide scope of local self-management, to expand their jurisdiction on territory outside the occupied items; the decentralization of powers can be accompanied by decentralization of budget resources.
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Busiah, Kanetee, Aleksandr Peet, Gianluca Tornese, Naomi Weintrob, John Schulga, Rasha T. Hamza, Berthold Koletzko, Rob Ross Russell, Arthur Felice, and Leena Patel. "The 2021 European Training Requirements in Paediatric Endocrinology and Diabetes." Hormone Research in Paediatrics 94, no. 11-12 (2021): 441–47. http://dx.doi.org/10.1159/000520073.
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The aims of the 2021 European Training Requirements (ETR) in Paediatric Endocrinology and Diabetes (PED) are to (1) provide standards to harmonize training programmes in PED between different European countries, (2) establish clearly defined standards of knowledge and skills required to practice PED at the tertiary care level, (3) foster the development of a network of competent tertiary care centres for PED in Europe and globally, and (4) improve the quality of care for children and adolescents requiring PED services. This ETR in PED specifies the requirements for training institutions, trainers, and trainees. It also provides the detailed syllabus/core content that trainees are expected to achieve in order to become competent independent clinicians in PED. References to consensus guidelines produced and/or endorsed by ESPE are included. The target users are trainees in PED, trainers, and all involved with quality assurance and accreditation. The process to develop and approve this 2021 ETR has been rigorous and involved trainees and consultants in paediatric and adult Endocrinology, ESPE (Syllabus Task Force, Education and Training Committee, Council), European Academy of Paediatrics (Tertiary Care Council, Assembly), European Board of Paediatrics, and Union of European Medical Specialists. Implementing the ETR will complement professional regulatory requirements for postgraduate training in PED in different countries and allow harmonizing standards across Europe. ETR is publicly available at www.eurospe.org/education/education-training-syllabus and at https://www.uems.eu/__data/assets/pdf_file/0007/133990/UEMS-2021.17-European-Training-Requirement-in-Paediatric-Endocrinology.pdf.
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Wilms, Anna Lena, and Roman Seer. "Tax Transparency in the European Union Regarding Country by Country Reporting (BEPS Action 13)." EC Tax Review 25, Issue 5/6 (November 1, 2016): 325–34. http://dx.doi.org/10.54648/ecta2016032.
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One goal of the fight against aggressive tax planning is to improve tax transparency of the globalized activities of Multinational Entities (MNE). The OECD Action Plan No. 13 does not only recommend a unilateral implementation of a Country-by-Country- Reporting (CbCR), but also an additional implementation package composed of a Multilateral Competent Authority Agreement (MCAA) and bilateral agreements. In line with the Organisation for Economic Co-operation and Development (OECD) tax policy the European Union (EU) has already amended again the Council Directive 2011/16/EU (hereinafter ‘DAC 1’) by the Council Directive 2016/881/EU of 25 May 2016 (so-called DAC 4) implementing the OECD-CbCR-standard also on the EU-level. However, this action will respect, in general, the international tax secrecy (see Article 16 paragraph 4 DAC 1) as well as the business secrets of Article 17 paragraph 4 DAC 1. Furthermore, the EU commission has issued a proposal for a Directive amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches, COM (2016) 198 of 12 April 2016 (so-called Report on Income Tax Information – RITI). In contrast to DAC 4, the RITI will make the CbCR data public. This article will ask for legal consistency, a mismatch of legislative competence and the protection of business interests during the CbCR process.
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Bezliudnyi, Roman, and Vita Bezliudna. "FOREIGN LANGUAGE TRAINING OF STUDENT YOUTH IN THE EUROPEAN UNION: ANALYSIS OF SOME RESEARCHES." Psychological and Pedagogical Problems of Modern School, no. 2(6) (December 21, 2021): 105–11. http://dx.doi.org/10.31499/2706-6258.2(6).2021.247629.
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The article presents a theoretical generalization of the researches on the problem of foreign language training of student youth in the European Union. Today in the institutions of higher education of Ukraine there is a tendency to intensify the foreign language training of each applicant for higher education. Among the many aspects in the content of education, foreign language training of higher education in Ukraine focuses on itself special attention. At the same time, it was found out that currently in Ukraine there is a complex multi-level contradiction of the following nature: The European Union prepares graduates of schools that speak a foreign language at the B2 level, and Ukrainian pedagogical higher education institutions graduate students who do not speak a foreign language at the B2 level; Ukrainian schools require from students B2 level which their teachers do not have, and therefore, in a sense, Ukrainian students may be more competent than their teachers, which is unacceptable. The analysis of foreign language training of student youth in the European Union allowed the authors to identify the achievements and features of foreign language training of student youth in some European countries in order to outline the required by the domestic education system trends in foreign language training at higher education institutions. The authors of the article analyzed the professional training of future foreign language teachers in such European countries: Germany, Poland, Slovakia, France, Italy. It was found out that such training is thoroughly researched by Ukrainian comparative scientists and is gradually introduced into the domestic system of higher education.But taking into account such tasks, problems and challenges facing Europe and Ukraine in the field of foreign language education, as well as permanent forms of cooperation within the Bologna Process, the prospects for further research the authors see in a deeper study of the process of reforming foreign language education, which brings obvious benefits to Ukrainian higher education.
Keywords: foreign language education; foreign language training; student youth; European Union countries; higher education; foreign language; institutions of higher education; Ukraine.
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STAFFORD, JAMES. "THE ALTERNATIVE TO PERPETUAL PEACE: BRITAIN, IRELAND AND THE CASE FOR UNION IN FRIEDRICH GENTZ'SHISTORISCHES JOURNAL, 1799–1800." Modern Intellectual History 13, no. 1 (November 23, 2015): 63–91. http://dx.doi.org/10.1017/s1479244315000475.
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The British–Irish Union of 1801 remains a significant and controversial moment in the histories of both countries, but understandings of its genesis are restricted inscope. This article seeks to place the Union in a new historical context: the crisis of the European states system that accompanied the French Revolution. It considers the position held by the Union in the critique of Kant's famous essay on “Perpetual Peace” (1795) advanced by one of his most influential students, the publicist and state official Friedrich Gentz (1764–1832). Gentz argued that the consolidation of the British state offered a model for the regeneration of European society. Only unitary forms of sovereign authority could exercise the responsible political agency required for the restoration of peace in the wake of the Revolution. The decline of small states and composite polities supported the durable civil liberty and commercial development necessary to mankind's moral development in history.
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Denny, J., and J. McLauchlin. "Human Listeria monocytogenes infections in Europe - an opportunity for improved European surveillance." Eurosurveillance 13, no. 13 (March 27, 2008): 9–10. http://dx.doi.org/10.2807/ese.13.13.08082-en.
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The 2006 Community Summary Report from the European Food Safety Authority (EFSA) and the European Centre for Disease Prevention and Control (ECDC) was published recently with the latest trends and figures on the occurrence of zoonotic infections and agents, antimicrobial resistance and foodborne outbreaks in the then 25 European Union (EU) Member States and five non-EU countries. This article seeks to expand further upon reports of human listeriosis (Listeria monocytogenes infections) and changes in the epidemiology of this disease, in order to inform of important developments as they relate to an opportunity for the establishment of a formalised listeriosis surveillance network in Europe.
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Andreev, Andrey L., and Nina M. Malinovskaya. "Technology Assessment Principles and Prospects: European Union Experience." Vestnik MEI 1, no. 1 (2021): 100–107. http://dx.doi.org/10.24160/1993-6982-2021-1-100-107.
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The authors of the article, who were among the participants to the IV European Conference on Technology Assessment held in November 2019 in Bratislava, set a goal not only to inform the readers about its results, but also to draw the attention of our engineers, scientists and educationists to the interdisciplinary problem of technology assessment. Technology assessment principles were considered from the viewpoint of the fundamental documents adopted by world leaders and characterizing the policy of developed countries in the field of science and technology. The Good Governance Principles implied the participation of various stakeholders in decision-making; however, there arises a problem about the competence of these parties. Since 2011, technology assessment institutional and organizational principles are being actively developed in the European Union: financial and educational programs, forums and meetings, publications, and establishment of special research organizations. Conferences on technology assessment have been held since 2013. The forum participants also touched another key issue – how to digitize the indicators characterizing the extent to which the supported development goals have been achieved. Discussion of the consequences of already developed and applied technologies with an unpredictable benefit-to-harm ratio has been recognized to be an outdated form of assessment. Collaboration has become the key word that sets the tone. Nonetheless, the transition to a new model, in which the right to vote will be given to the public members united with incorruptible competent scientists-experts, will not be an easy and conflict-free process. The Russian academic and engineering community is gradually joining the pan-European movement; however, the teaching of social and humanitarian disciplines still remains the only form for technology assessment institutionalization in our country. There are proposals to set up a laboratory for social expertise of technological projects at the MPEI Department of Philosophy, Political Science and Sociology, which could also act as a crowdsourcing platform uniting researchers in the sociology of technology.
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Verba-Sydor, O., and U. Vorobel. "FORMAL SEPARATION AS A CONDITION FOR THE DISSOLUTION OF MARRIAGE IN THE LEGISLATION OF EUROPEAN UNION MEMBER STATES (DENMARK, IRELAND AND ITALY)." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 20–24. http://dx.doi.org/10.17721/1728-2195/2019/4.111-4.
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The institution of separation legislative provisions of those EU member states that have chosen a separation legal regulation model, according to which the direct dependence of divorce on separation is recognized. It means that the spouse who wishes to dissolve the marriage must be in a state of separation issued by competent authority decision for some time (formal separation). Such EU member states as Denmark, Ireland, Italy have chosen the defined model for legal regulation of separation. Based on this study, the characteristic features of this model for legal regulation of separation are highlighted, namely: the main purpose of the separation institute in the legislation of these states is to provide spouses with time to decide on the future for their marriage: either divorce or reconciliation; a separate residence regime may be established by a decision of the competent authority (court, prosecutor, public administration) by mutual agreement or at the request of one of the spouses, despite the objections of the other; the existence of a clear list of grounds in the legislation to establish separation on the application of one of the spouses; the existence of any consequences of the individual residence regime is linked to the determination of the fault of one or both spouses in the establishment of a separate residence regime on one or another basis; separation would result in the termination of the marital property regime, the termination of the marriage contract, except for the provisions re- lating to the separate residence regime, and the termination of the paternity presumption. Although this model for legal regulation of separation is still relevant, the trend toward the simplification of legal regulation of divorce proceed- ings, has led to the complete rejection of separation as one of the prerequisites for divorce (in the event of mutual consent of the spouses to the termination of marriage) or reduction of spouse's stay in separation.
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DE KNEGT, L. V., S. M. PIRES, and T. HALD. "Attributing foodborne salmonellosis in humans to animal reservoirs in the European Union using a multi-country stochastic model." Epidemiology and Infection 143, no. 6 (August 1, 2014): 1175–86. http://dx.doi.org/10.1017/s0950268814001903.
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SUMMARYA Bayesian modelling approach comparing the occurrence ofSalmonellaserovars in animals and humans was used to attribute salmonellosis cases to broilers, turkeys, pigs, laying hens, travel and outbreaks in 24 European Union countries.Salmonelladata for animals and humans, covering the period from 2007 to 2009, were mainly obtained from studies and reports published by the European Food Safety Authority. Availability of food sources for consumption was derived from trade and production data from the European Statistical Office. Results showed layers as the most important reservoir of human salmonellosis in Europe, with 42·4% (7 903 000 cases, 95% credibility interval 4 181 000–14 510 000) of cases, 95·9% of which was caused byS. Enteritidis. In Finland and Sweden, most cases were travel-related, while in most other countries the main sources were related to the laying hen or pig reservoir, highlighting differences in the epidemiology ofSalmonella, surveillance focus and eating habits across the European Union.
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T. Renz, Hartmut, Ingrid Kalisch, Sandra Pfister, Stuart Axford, and George M. Williams, Jr. "ESMA opinion on structured retail products – good practices for product governance arrangements." Journal of Investment Compliance 15, no. 4 (October 28, 2014): 19–24. http://dx.doi.org/10.1108/joic-09-2014-0043.
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Purpose – To explain the practices that ESMA (European Securities and Markets Authority) recommends for investment firms and national competent authorities to implement when it comes to structured retail products (SRPs), in order to ensure sound product governance arrangements and the consistency of supervisory practices needed for adequate investor protection across the European Union. Design/methodology/approach – Lists the ESMA guidelines for the general organization of product governance arrangements, breaks down the aspects manufacturers should consider in the making of their SRPs, highlights the need to understand the target market, explains the appropriate structure of the distributor’s and manufacturer’s distribution strategy, details how manufacturers establish a SRP’s value, recommends how investment firms deal with SRPs on the secondary market, and explains how manufacturers review the performance of their SRPs. Findings – The competent authorities are still focusing on improving and enforcing investor protection. This ESMA opinion is just one example of how product governance structures and arrangements should be developed and implemented by everyone involved. It will be important to attend carefully to what MiFID 2 (Markets in Financial Instruments Directive 2) product governance requirements bring regarding investor protection in addition to the described ESMA opinion, which is based on MiFID 1. Originality/value – Practical guidance from experienced finance lawyers.
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Zaets, Svetlana V., and Filipp Yu Kushnarev. "Poland in the European Union: history and modernity." Socialʹnye i gumanitarnye znania 8, no. 3 (September 24, 2022): 274. http://dx.doi.org/10.18255/2412-6519-2022-3-274-287.
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The article shows the dynamics of the development of relations between Poland and the European Union from the early 1990s to the present day. The history of the entry of the Polish state into the European community, the political and socio-economic consequences of this event is analyzed. The facts testifying to the initial polarization of society in relation to EU membership between the conservative-nationalist party «PiS» and the liberal-democratic «Civic Platform» are presented. The topical issue related to the supremacy of European legislation over the Constitution of the Republic of Poland, the attitude of the ruling party and the population of the country to it is considered. The authors of the article conducted a study on the attitude of Poles to membership in the European Union and concluded that most of them highly appreciate the role of their state in the EU, enjoy the benefits of European citizenship and see themselves as Europeans. Attention is drawn to the fact that the developed countries of the West do not perceive Poland as an equal member of the European Community, and it does not feel like such, because in terms of most economic indicators, the country initially lagged behind generally accepted indicators and is forced to receive financial assistance. The authors briefly touched upon the current events in Ukraine and the reaction of the Polish government in the context of the European Union. As a result, at the moment a picture is being created that Poland is in the wake of the EU's anti-Russian policy and sees its role in «saving the world from Russian expansion». Perhaps, by such participation in the Russian-Ukrainian conflict, it seeks to compensate for its secondary position in the European Union and increase its authority in the international arena.
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Sychenko, Elena V. "Measures taken in the European Union to protect workers during the pandemic." Russian Journal of Labour & Law 12 (2022): 37–44. http://dx.doi.org/10.21638/spbu32.2022.103.
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This article examines EU initiatives prompted by the need to protect the labor market and working citizens in member states, and measures taken at the national level in Germany and France. The EU’s involvement in ensuring protection of workers’ rights in pandemic circumstances has been limited to formulating recommendations to countries and financial assis-tance, as well as prioritizing the social element in European Union policies. This paper examines the Support to mitigate Unemployment Risks in an Emergency instrument developed by the EU in 2020 and the draft directive on an adequate minimum wage in the EU published at the height of the pandemic in autumn 2020. A review of measures in Germany and France focuses on a mechanism to reduce working hours during the period of economic activity restrictions by placing most costs on the state. In Germany, this is the Kurzarbeit (reduced working hours) program. In France, this is the transfer to reduced working hours with the permission of the administrative authority, in the case of lost wages caused by the temporary closure of the company or part of it, or reduction of working hours below the statutory working hours. The author concludes that the rapid economic and labor market recovery in these countries is, among other things, due to the financing of the wages lost due to wage restraint from the state budget. It is of interest to further study the foreign experience of implementing reduced working hours programs for possible use in Russia.
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Muharremi, Robert. "The Role of the United Nations and the European Union in the Privatization of Kosovo's Socially-Owned Enterprises." German Law Journal 14, no. 7 (July 1, 2013): 889–925. http://dx.doi.org/10.1017/s2071832200002066.
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The privatization of Kosovo's socially owned property and enterprises differs significantly from privatization programs undertaken in other countries, especially in Eastern and South-Eastern Europe when they transitioned from communism to democracy and free market systems. What is unique about Kosovo's privatization program is that it was designed and implemented under the authority of the United Nations at a time when Kosovo was directly administered by the United Nations. It is perhaps so far the only privatization program that was initiated and implemented by the United Nations under Chapter VII of the United Nations Charter. Various other international organizations, such as the European Union, played a significant role in this process as part of their responsibilities in the administration of Kosovo. An obvious question is what the United Nations would have to do with privatization in the context of territorial administration under Chapter VII of the United Nations Charter and if the United Nation's authority to administer Kosovo would include the authority to privatize property, the legal nature of which was unclear even when it was developed in former Yugoslavia. The discussion of these and other legal questions and controversies which are related to the privatization process in Kosovo are the main subject of this article, with a focus on the role of the United Nations and the European Union in this process.
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JENSON, JANE. "Modernising the European Social Paradigm: Social Investments and Social Entrepreneurs." Journal of Social Policy 46, no. 1 (July 21, 2016): 31–47. http://dx.doi.org/10.1017/s0047279416000428.
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AbstractPolicy perspectives of the European Union as well as those of member states currently link the concepts of social investment and social entrepreneurship in order to advocate both where and how to intervene. The argument of this article is that the explicit linking of these two notions, by policy-makers at several different levels and scales of authority, constitutes an emerging policy paradigm. The article identifies three characteristics of any paradigm, including that a policy paradigm must provide a perspective on the maintenance of the well-being of both society and individuals. Despite variation across countries and levels of authority (a characteristic of any paradigm) policy communities proffer the quasi-concepts of social investment and social entrepreneurship in combination as the appropriate ways to govern financing and the delivery of social investments. Therefore, social enterprises are targeted to receive public financing in order to deliver social investments in activation (training, employability, job support and wage supplements) as well as childcare. Reliance on this assemblage is documented across scales from the local through the national, transnational and international.
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CHERKASOV, ALEXANDER I. "MULTI–LEVEL GOVERNANCE IN THE EUROPEAN UNION: FEATURES AND PERSPECTIVES." Proceedings of the Institute of State and Law of the RAS 14, no. 5 (December 12, 2019): 196–218. http://dx.doi.org/10.35427/2073-4522-2019-14-5-cherkasov.
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The system of multi-level governance is being established in the countries — members of the European Union, within the framework of which there is considerable redistribution of authority between the main levels of power. These levels — supranational, national and subnational — are becoming increasingly interdependent, and there is the lack of unambiguous domination of a single particular level of power or an institute.The decision-making mechanism within the multi-level governance system is sufficiently fragmented. It is consensus — based and involves participation of not only formal state institutions but also of different non-governmental structures connected with the civil society. Finally, we have a new system of mutual relations between the state and the society with borders becoming more transparent.There are two major dimensions of the multi-level governance being described in the scientific literature — the "vertical", based on the interaction of three power levels mentioned above, and the "horizontal", involving the dynamic interaction of state and non-governmental structures, with the activities of the latter being often of a network origin. Mutual relations of the power levels in the European Union are complex and dialectical. The subnational level begins to play an increasingly important role, and this role is no longer necessarily mediated by governments of the corresponding countries, i.e. by the national level. Subnational authorities are active on the European arena through their representative offices and channels of communication available to them. Meanwhile many European states failed so far to create more or less strong regions able to perform significant powers and to serve as real limiters to the powers of their national governments.With consideration of asymmetry typical for the territorial organization of public power in the European Union and the growing economic and political crisis the perspectives of the multi-level governance seem to be rather vague. The ideologists of the corresponding concept managed only to give a new interpretation of the decision-making process in the European Union, but they failed to describe clearly enough the mechanisms of further development of the European integration.
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Szabó, Lilla Petronella, and Gabriella Szabó. "Attack of the critics." Journal of Language and Politics 21, no. 2 (January 21, 2022): 255–76. http://dx.doi.org/10.1075/jlp.21068.sza.
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Abstract This paper presents a case study of Hungarian Prime Minister Viktor Orbán’s delegitimisation discourse on the European Union in the context of the Covid-19 pandemic. We focused on how the EU and its member states were depicted metaphorically in PM Orbán’s weekly radio interviews. Relying on the discourse dynamics approach, we identified the metaphorical expressions the PM used to legitimise the crisis management of the Hungarian government and delegitimise critical comment from international voices in the context of the European Union. Our results showed that supranational bodies were depicted as authority figures and this image was reinforced by the use of particular verbal motifs. Rhetorical ambiguity was also found regarding Western Europe, whereas the notion of friendship was propagated when referring to the relationship between Hungary and the Visegrád countries Czechia, Poland, and Slovakia.
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Busłowska, Anna. "Realization of the Aims of Sustainable Development in “Strategy for the Social and Economic Growth of Eastern Poland by 2020”." Oeconomia Copernicana 5, no. 1 (March 31, 2014): 43–60. http://dx.doi.org/10.12775/oec.2014.003.
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The realization of the idea of the sustainable development is a direction of development of many countries in the world, also in the European Union. It is possible to find examples of such action in the structural policy conducted by the EU. It is directed at deliberate and intentional activity of the official authority aiming at the harmonious development of EU regions. In particular it is regarding eastern regions of Poland which are reporting wide financial support from the budget of the European Union for social, economic and ecological growth. Particular directions of that growth contains “Strategy for the social and economic growth of Eastern Poland by 2020”. The purpose of this article is to evaluate (using available statistical data) the implementation of development goals in eastern Polish regions contained in the Strategy in the context of sustainable development.
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POPEL, Sergii, and Oksana YAKOVENKO. "ANALYSIS OF SECURITY RISKS BASED ON THE INFORMATION PROVIDED IN THE GENERAL DECLARATION OF ARRIVAL IN THE EUROPEAN UNION." Herald of Khmelnytskyi National University. Economic sciences 312, no. 6(1) (December 29, 2022): 146–51. http://dx.doi.org/10.31891/2307-5740-2022-312-6(1)-20.
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The purpose of the article is to study the experience of European countries regarding the peculiarities of security risk analysis based on the information provided in the general declaration of arrival and to develop proposals for bringing domestic customs legislation closer to the legislation of the European Union. The article analyzes the features of security risk analysis based on the information provided in the general declaration of arrival in the European Union. The regulatory and legal bases for the use of the general declaration of arrival in European countries have been determined. The parties responsible for submitting preliminary data to the customs authorities, the deadlines for submitting the general declaration of arrival and the amount of data that must be submitted to the customs authority, depending on the type of transport on which the goods will be imported into the customs territory of the EU, were found. It was found that the data are specified in the general declaration arrival, the so-called “security notices”, which are submitted to border customs before the import of goods into the customs territory of the European Union, enable customs authorities to carry out a risk analysis, primarily with the aim of determining the degree of security and the appropriate way of conducting customs control. Studied the procedure for assessing security risks based on the information submitted in the general declaration of arrival in the European Union and was differences with a similar procedure in Ukraine were found. Analyzed the actions of the customs authorities regarding the analysis of security risks based on the information submitted in the general declaration of arrival, actions in the event of changes to the previous notification, cases in which: submission of additional information may be required, a ban on the loading of goods
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Matysek-Jędrych, Anna. "Institutional Arrangement for Macroproprudential Policy – On Differences Across the EU Countries." Comparative Economic Research. Central and Eastern Europe 21, no. 2 (October 2, 2018): 37–49. http://dx.doi.org/10.2478/cer-2018-0010.
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There is a growing consensus among both economists‑academics and policymakers that there was at least one missing element of the financial safety net during the Global Financial Crisis. This element, which will probably improve financial stability (or protect against financial instability), is the macroprudential orientation in regulatory and supervisory frameworks. The main scope of the paper is the institutional dimensions of macroprudential policy. The principal purpose of the paper is to identify and assess, on a comparative, cross‑EU‑country basis, existing practices and developments in structuring a new dimension of the financial stability policy, i.e., a macroprudential one. The paper builds on existing theoretical considerations and the author’s own empirical survey of country practices in applying a macroprudential framework. A comparative, cross‑country analysis and a comparison of different sub‑indices and overall index values are the basis for verifying hypotheses and empirically disentangling the institutional differences between macroprudential policy regimes in European Union countries. The paper sheds light on recent trends in macroprudential policy governance and qualitative aspects (democratic accountability and transparency), with special attention to the position of a central bank across the European Union countries. The conducted research is a basis for constructing ratings of macroprudential authority accountability and transparency across the EU countries, which gives an indication of the overall quality of the institutional arrangements.
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MARENICHENKO, Valerii, and Natalia VOLOKITINA. "VECTORS OF STATE REGULATION OF COMPETENT APPROACH IN THE EDUCATION SYSTEM OF UKRAINE FROM THE PERSPECTIVE OF JOINING THE EUROPE." Dnipro Academy of Continuing Education Herald. Series: Public Management and Administration, Vol. 1 No. 2 (2022) (August 31, 2022): 27–31. http://dx.doi.org/10.54891/2786-6998-2022-1-4.
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The main idea of the competence approach is the formation of education system depending on proposed requirements of society, that is, on the expected result. The content of key competencies includes not only knowledge, but also the willingness to apply knowledge in various situations. Thus, the competence approach allows in the process of education to form a person’s readiness and ability to independently and responsibly solve professional and personal problems related to the ability to acquire and qualitatively use knowledge, applying it in real situations, to develop flexibility, mobility, which contributes to self-development and self-realization personality. Nevertheless, the reality is that in practice, the implementation of the competence approach in the education system acquires, to a greater extent, only a declarative character. In addition, there are large differences in the application of the approach in our country and the countries of the European Union. This indicates the need to find modern vectors of state regulation of the competence approach in education system of Ukraine based on European practices, taking into account our prospects for joining the European Union. The purpose of the article is to study Ukrainian and European ways of implementing the competence approach in the education system. The methodological basis of the research is the methods of logical generalization, systematic analysis and synthesis. The article examines the evolution of the concept of «competence» in education. The key ideas of the competence approach are defined, in particular, the importance of the influence on the development of competences not only of education, but also of family, friends, work, politics, religion, etc. is analyzed. It is the entire set of influencing factors that forms the system of value orientations that become the basis for formation of new competencies. The competence approach is characterized in a systematized form, based on the mission of education. The mechanisms of implementation of the competence approach in education system were studied, in particular, through measures to determine the own achievements of both teachers and students of education. The key positions of the Framework Program of Key Competences for Lifelong Learning by the European Parliament and the Council of the European Union are highlighted. Based on this, the main vectors of the development of the competence approach in the European Union were formed. As a result of the conducted research, it is proposed to start work on a comprehensive state program for the development of key competencies at all levels of education, including both children’s and adult education, which should be based on the requirements of social development, the European integration vector and Ukrainian traditions.
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SEREBRENNIKOVA, Anna V., Tatjana F. MINYASEVA, Nagima S. KALA, Alexei A. MALINOVSKY, Victoria M. MALINOVSKAYA, and Serhii V. GRYNCHAK. "Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1405. http://dx.doi.org/10.14505/jarle.v11.4(50).37.
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Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.