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1
Mangione, Gariella. "The European Dimension to the Constitution of the Republic of Italy." Comparative Law Review 28 (December 13, 2022): 411–34. http://dx.doi.org/10.12775/clr.2022.014.
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Italy was one of the countries that signed the Treaty of Rome in 1957, which created the European Economic Community. Despite initial resistance and the numerous difficulties encountered during subsequent years, the choice to commit to Europe was widely shared, becoming irreversibly embedded in the national consciousness. However, whilst other legal systems chose at various stages of their European journey to amend their constitutions by incorporating a European clause, this never happened in Italy. Italy did not change its Constitution as a result of joining the European Economic Community, and has not done so subsequently after becoming part of the European Union with the Maastricht Treaty, following the adoption of the Treaty of Lisbon, nor indeed at any subsequent stage in the process of European integration. It was only in 2001, with the reform of Title V of the Constitution involving changes in the allocation of powers between the state, the regions, and the local authorities, that the expression “Community law” was incorporated into the Constitution. Given the absence of a European clause, the relationship between the Italian Constitution and Europe has been shaped by the Constitutional Court. First and foremost, it interpreted Article 11 of the Constitution, which lays down a generic clause intended to enable the exercise of sovereign powers by international organizations, in such a manner as to bring the European project within its scope. The Constitutional Court developed its case law in its subsequent decisions, even though progress was at times hardfought, and in some cases marked by contradictions; Italy’s cohabitation with Europe was undoubtedly welcome, but this did not mean that it was painless.
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Hofmann, Mahulena, and Martin Faix. "Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 3 (June 26, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2767.
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Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The main reason for this was the dualist approach in regard to international law. Fundamental political and economic changes, such as the Velvet Revolution in Czechoslovakia, marked the end of the cold war and the beginning of a transition process. The changes in national legal orders have been accompanied by substantial modifications in the area of constitutional law, mostly resulting in the adoption of entirely new or radically modified constitutions. This is true also for the Czech Republic, Slovakia, Poland and the Russian Federation. One of the most remarkable common characteristics of the new constitutions of the CEE countries is the shift from a dualistic approach to a broad openness to international law. Despite this common feature the manifestation of this openness cannot be regarded as uniform – the methods used by states to deal with international law and to ensure the conformity of the domestic legal order with their international obligations vary. The common denominator of the constitutional orders under review is the fact that the rules of international law are considered to be a part of their national legal orders. General provisions concerning the relationship between national law and international law can be found in the Czech, Russian and Polish constitutions, but not in the Slovak constitution. The common feature of all four constitutional texts is that they take a clear position on the status of treaties, stipulating conditions (approval by parliament, promulgation, etc) under which a treaty or certain categories of treaties (eg as listed by Article 49 of the Czech Constitution) will be considered to be part of the national legal order, as well as the hierarchical status of treaties in the case of a conflict with national law. In all four countries under consideration, the rank of treaties lies between the level of the Constitution and that of ordinary parliamentary statutes. The situation is considerably different in regard to the role of customary international law: only the Russian Constitution includes not only treaties but also customary international law in the legal order. Nevertheless, Slovak, Czech and Polish constitutional provisions stipulate the commitment of the states to fulfil their obligations under international law, including customary international law. Even though legally binding, these provisions are not identical with general provisions incorporating certain categories of international law as stated above. The openness to international law is demonstrated also by the inclusion of provisions pursuant to which states can transfer certain powers to international organizations. (Such provisions were included in the constitutions of e.g. Slovakia, Poland and the Czech Republic in the context of their integration into the EU for the purpose of ensuring the direct application of Community law.) Thus, if considering the formal openness to international law, a high degree of willingness to open the domestic legal orders to international law can be discerned in the constitutional systems of the states under review. However, the extent of constitutional provisions on the relation of a particular state to international law does not necessarily strengthen its application in practice, as can be observed in the legal order of the Russian Federation. When determining the factual status of international law and its incorporation in the domestic legal orders of the CEE countries, the judicial practice of national courts is of great importance, in particular the judicial practice of constitutional courts. The question of the role of international law in the decisions of constitutional courts appears to be even more interesting because of the fact that implementation of constitutional jurisdiction belongs to one of the most important innovations of CEE transition countries after the end of the cold war. Their broad competencies in respect to international law can be seen as an additional indicator of the openness of their legal orders towards supranational legal rules. International law plays an important role not only as a subject of judicial review but also as a criterion of constitutionality applied in national procedures before the constitutional courts. The extensive jurisprudence of national constitutional courts based on international law is to a large extent characteristic of the CEE Countries. Their constitutional courts often rely on international law, especially human rights, when reviewing the constitutionality of domestic acts. This underlines the fact that general constitutional provisions on international law do not remain only a ‘dead letter.’ However, when demonstrating their openness towards international law, constitutional courts sometimes exceed the limits of their competences, as can be observed e.g. in the case of the Czech Constitutional Court. (Despite the fact that the changes introduced by the Constitution in 2001 caused it to lose the competence to use international law as a criterion for its decisions, the Court continued to base its decisions partly on international law.) Generally it can be argued that the acceptance of international law is remarkably high in the legal orders of the countries under review – in particular when taking into consideration the relatively short time which was needed not only to formally ensure the role of international law, but also to ensure its implementation in practice, most notably in the judicial practice of constitutional courts. This does not mean, however, that there are no difficulties which have to be solved in the future. The application of customary international law by national courts is an example of this. However, the opening of national legal systems of the formerly totalitarian states towards international law has undoubtedly had a positive influence on the process of their transformation towards the rule of law.
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Gotsova, Boryana. "The Gordian Knot of European Union Competence: Commercial Aspects of Intellectual Property After the Judgment in Case C-414/11Daiichi Sankyo." German Law Journal 15, no. 3 (May 1, 2014): 511–28. http://dx.doi.org/10.1017/s2071832200019027.
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The division of external competences between the European Union and the Member States is a long-standing object of contention for constitutional and practical reasons. The competence to negotiate and conclude international agreements in a given area has as many highly political implications as concrete policy-making ones. This tension is well illustrated by the field of the commercial aspects of intellectual property. Community, and later Union, competence over this area was established only gradually. After multiple Treaty revisions and legal disputes over competence, the Treaty of Lisbon now lists the field as one of the main elements of the Union's Common Commercial Policy (CCP). The CCP itself is one of the founding policies, dating back to the European Economic Community. It structures the Union's trade relations with third countries, encompassing bilateral and multilateral trade and tariff agreements, as well as unilateral trade defense measures such as anti-dumping and anti-subsidy instruments. Today, the Treaty of Lisbon expressly provides for exclusive Union competence over the CCP, codifying the case law of the Court of Justice.
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Alikaj, Valbona. "The Right Of Ownership In The European Law." European Scientific Journal, ESJ 12, no. 22 (August 30, 2016): 26. http://dx.doi.org/10.19044/esj.2016.v12n22p26.
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The paper is about the case of the right of ownership, the social function that the constitutions of some western countries recognize to this rights and the balance of this right with other public interests. The right of ownership has a great importance even in the European judicial order. The right of ownership has undergone many changes with the creation of a single European market, so that nowadays we could not talk about only one ownership category. Special attention will be dedicated to the article 17 of the EU Charter of Fundamental Rights according to which everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. The limitation of this right will be legislated toward the public interest and toward a fair compensation being paid in a good time. In its decisions, the European Court of Justice has stated that the property as a fundamental right is described not as an absolute right, for the European judge the social function has to do with the general interest that is the basis of each treaty, that is the free and full competition. The private property for the jurisprudence of the community is a fundamental right, but it could be limited due to the general economic interest that aim to be realised.
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Sobczyński, Marek. "Do we need state and what for? The role of the state in the modern World." Studia z Geografii Politycznej i Historycznej 8 (December 30, 2019): 13–28. http://dx.doi.org/10.18778/2300-0562.08.01.
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The state is subject of interest to many scientific disciplines: constitutional and international law, sociology, philosophy, administrative and political sciences, social psychology, economics, political and economic history, military sciences, regional studies and, of course, political geography and geopolitics. In the course of history, from ancient to modern times, the state was defined in very different ways.
The author comes out in his deliberations from the analysis of the elements that make up the various definitions of the state. Then he reviews the classification of functions that the modern state fulfills and analyzes the way in which they are implemented in various countries around the world, trying to answer the question, is the state necessary for citizens and for what?
Finally, the author draws attention to the frequent undertaking of the subject matter of the functioning of the state in the world’s belles-lettres in epic works and in dramas both in the past and nowadays.
The last issue raised in the paper is the analysis of the functioning of unrecognized countries, mainly European ones, and what are the consequences of their exclusion from the international community influencing the life of their inhabitants, economy and functioning of their societies.
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Hretsa, S. M. "Types of constitutional responsibilities of man and citizen in Ukraine and in the European Union." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 46–49. http://dx.doi.org/10.24144/2307-3322.2021.66.8.
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The article is devoted to the study of the range of responsibilities of man and citizen in Ukraine and the European Union, the formation of an approach to their classification. The following range of human responsibilities in the EU have been identified: equality between women and men in terms of pay; non-discrimination; respect for human dignity; receiving compulsory education; completion of compulsory school education. The following range of responsibilities of an EU citizen has been identified: to perform military service in relation to one of the EU member states; to be registered as conscripts in one of the EU member states. Such a range of human responsibilities has been established in Ukraine (strict observance of the Constitution of Ukraine and laws of Ukraine; non-encroachment on the rights and freedoms, honor and dignity of others; responsibilities in marriage and family; parents are obliged to maintain children until they reach adulthood adult children are obliged to take care of their disabled parents; to obtain a complete general secondary education; not to harm nature, cultural heritage; to compensate for damages; to pay taxes and fees in the manner and amount prescribed by law) and the duties of a citizen of Ukraine (protection of the Fatherland, independence and territorial integrity of Ukraine; respect for the state symbols of Ukraine). According to these criteria, the responsibilities of man and citizen are classified into the following groups: criterion "subject": 1) human responsibilities; 2) responsibilities of a citizen; by the criterion of "form of implementation": 1) individual; 2) collective; by the criterion of "content": 1) economic; 2) social; 3) cultural; 4) political; 5) others; according to the criterion of "source" of consolidation: 1) enshrined in the founding treaties of the EU; 2) enshrined in international (additional) EU agreements with international organizations and other countries; 3) enshrined in regulations, directives, recommendations; conclusions; 4) contained in the decision of the Court of Justice, the conclusions of the Court of Justice; 5) contained in the national legislation of the EU member states, third countries; 6) according to the criterion of the circle of subjects in relation to which they are assigned: 1) in relation to other people; 2) in relation to the world community; 3) in relation to future generations.
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Nikolic, Dusan. "Elements of judge-made law in Serbia and European Union." Zbornik Matice srpske za drustvene nauke, no. 126 (2009): 7–40. http://dx.doi.org/10.2298/zmsdn0926007n.
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Serbia has developed a legal system of state regulations of the European continental type. The majority of legally relevant relations are governed by norms in the form of laws and other general legal acts adopted by bodies of the legislative and executive branches of government. In accordance with the principle of division of power proclaimed by the constitution, courts are obliged to consistently apply general rules. Judges should apply the law, not create it. In other words, jurisprudence is not considered to be a formal source of law. However, in reality, courts have always played a much more significant role in the process of shaping the legal system. This role has ranged from a very broad interpretation of statutory rules to the creation of individual rules in order to fill legal lacunae, and even creating general legal rules. Evidence of this are the numerous examples from the history of Serbian law, which is briefly outlined in the following pages. The historical overview presents the role of courts in mediaeval Serbia, during the period of uprisings against the Turkish occupation (1804-1830), during the time of the creation of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia), and in the post-revolutionary period in socialist Yugoslavia. Particular emphasis is placed on the mixed legal system with elements of judge-made law developed on the territory of the Province of Vojvodina between the two World Wars. In the second part of the paper, the role of courts in the modern law of Serbia is discussed. In that context, mention is given to constitutional approaches, current trends and the informal influence of courts in the process of shaping the legal system. A few pages have been dedicated to the problems facing courts in Eastern European in the period of transition. This primarily relates to the implementation of the community acquis which is developing at an alarming speed with far-reaching consequences for legal, economic and social stability in many countries, as well as the European Union itself. The acceptance of high and often objective unachievable legal standards widens the gap between the normative and the actual. Legal insecurity rises, and with it, mistrust in state institutions, including the courts, which carry particular responsibility for the creation of a new legal environment. The concluding segment of the paper is devoted to the role of courts in a future European law. In that context, current trends in the European Union are presented. Special consideration is given to the broad competencies of the Court of Justice of the European Communities, which delve as far as creating legal rules. Changes taking place in Europe point to the need to reconsider traditional teachings on the division of power and redefine the position of courts.
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PÉREZ DE LAS HERAS, Beatriz, and Santiago LARRAZABAL BASAÑEZ. "Control presupuestario en la Unión Europea, reforma constitucional, ajuste de los presupuestos de las Administraciones Públicas y su impacto en el autogobierno vasco en el marco del Concierto Económico.(." RVAP 94, no. 94 (December 28, 2012): 136–76. http://dx.doi.org/10.47623/ivap-rvap.94.2012.04.
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LABURPENA: Azken bi urteotan, Europar Batasunak zenbait tresna eta neurri hartu ditu koordinazio ekonomikoa eta aurrekontuena indartzeari begira, batez ere eurogunea osatzen duten estatuen artean. Europako gobernantza ekonomikoaren esparru berriak politika eta kontularitza publiko nazionaletan sorrarazten duen inpaktua azalarazten du, eta, aldi berean, euroguneko herrialdeak hertsatu egiten ditu beraien aurrekontu-orekari eusteko konpromisoa bermatu dezatenmaila konstituzionalean. Artikulu honetan, lehenik eta behin, Europako gobernantza ekonomiko eta fiskala ardazten duten mekanismo nagusiak aztertzen dira, bai eta horrek estatu kide zenbaiten zuzenbide konstituzionalean sortzen duen inpaktua ere. Bigarrenik, zehatz-mehatz analizatzen da Espainiako aurrekontuen egonkortasunari buruzko araudi berria, batez ere alor horretako erreforma konstituzionalari dagokionez eta apirilaren 27ko 2/2012 Lege Organikoaren garapenari dagokionez (Aurrekontu-egonkortasunari eta Finantza-iraunkortasunari buruzko 2/2012 Lege Organikoa). Azkenik, aipamen espezifiko bat egiten zaio Espainiako araudi berria Euskal Autonomia Erkidegoan duen aplikazioari, bertako Kontzertu Ekonomikoaren esparruan. RESUMEN: En los dos últimos años, la Unión Europea (UE) ha adoptado diversos instrumentos y medidas dirigidos a reforzar la coordinación económica y presupuestaria, especialmente entre los Estados miembros de la zona euro. El nuevo marco de la gobernanza económica europea está desvelando su impacto en las políticas y cuentas públicas nacionales, al tiempo que compele a los países de la eurozona a sellar su compromiso de equilibrio presupuestario a nivel constitucional. El presente artículo analiza, en primer lugar, los principales mecanismos sobre las que pivota la nueva gobernanza económica y fiscal en Europa, así como su impacto en el Derecho constitucional de algunos Estados miembros. En segundo lugar, estudia detenidamente la nueva regulación de la estabilidad presupuestaria en España con especial atención a la reforma constitucional en la materia y a su desarrollo en la Ley Orgánica 2/2012, de 27 de abril, de Estabilidad Presupuestaria y Sostenibilidad Financiera. Finalmente, concluye con una referencia específica a la aplicación de la nueva normativa española a la Comunidad Autónoma Vasca en el marco de su Concierto Económico. ABSTRACT: During the last two years, the European Union (EU) has adopted several instruments and mesures aimed at reinforcing the economic and budgetary coordination, especially among the Eurozone Member States. The new framework of the European economic governance is showing its impact over the national policies and budgets, while it compels the Eurozone countries to commit at a constitutional level to the budgetary balance. This present article analyzes fistly the principal mechanisms which deal with the new fiscal and economic governance in Europe, together with its impact in the Constitutional Law of some Member States. Secondly, it thoroughly studies the new regulation about the budgetary estability in Spain with special attention to the Constitutional reform regarding the content and development of the Organic Act 2/2012 from April 27th, of Budgetary Stability and Financial Sostenibility. Lastly, it finishes with a specific reference to the application of the new Spanish normative to the Basque Autonomous Community in the framework of its Economic Framework.
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Bandžović, Sead. "The phenomenon of fragile states: Bosnia and Herzegovina." Historijski pogledi 4, no. 6 (November 15, 2021): 338–55. http://dx.doi.org/10.52259/historijskipogledi.2021.4.6.338.
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The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.
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Logvynenko, M. I., and A. E. Tsymbal. "Problems of decentralization reform implementation in Ukraine and ways to solve them." Legal horizons, no. 24 (2020): 23–28. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p23.
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The present article deals with the decentralization reform in Ukraine, definition of basic concepts, in particular, «decentralization», «local self-government», «territorial community» has been installed, on the European Charter of Local Self-Government, as a fundamental international normative document, proclaiming the foundations of decentralization has been focused attention, the main conceptual document in the field of decentralization reform at the national level has been defined, problematic issues of decentralization reform implementation in Ukraine has been isolated, in the absence of a proper mechanism of legal regulation has been focused attention, after all, the new administrative-territorial system is not prescribed in the Constitution of Ukraine, on the inconsistency of the publicly announced goals of decentralization reform with the real actions of the authorities within the reform, contradictions regarding the legal status of the prefect in the system of renewed local self-government mechanism, irrationality of association of some territorial communities, legal unregulation of land decentralization procedure has been focused attention, negative impact of the consolidation of settlements, optimization of the network of medical institutions on life in territorial communities has been installed, issues of land decentralization and its consequences for citizens has been analyzed, bring in line the mechanism of legal regulation of issues related to decentralization reform, including, make appropriate changes to the Basic Law, adopt the Law «On the Principles of Administrative and Territorial Organization of Ukraine» and other legal acts necessary for the implementation of the reform has been suggested, on the need to bring national legislation into line with the European system of legal regulation has been emphasized, on the need to learn the experience of foreign countries in the field of decentralization reform has been focused attention, the expediency of revising the mechanism of community formation, which should be objective and consistent with the principle of economic efficiency has been installed, prospects for further research on the topic of decentralization reform in Ukraine has been defined.
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Papastatis, Haralambos. "The modern legal status of the Mount Athos." Zbornik radova Vizantoloskog instituta, no. 41 (2004): 525–38. http://dx.doi.org/10.2298/zrvi0441525p.
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The peninsula of Athos in Chalkidiki became a center of organized monachal life in monasteries in the year 963, when with the initiative of the Byzantine emperor Nichephorus Phocas the Monastery of Great Laura was founded. Since that time Mount Athos (=MA) became the "Holy Mountain" and has attracted the moral and material support of the Byzantine emperors, various Orthodox countries and the flock till today. During this long period of more then one thousand years, MA was armed with a privileged legal status, the existence of which continues till now. The legal status of MA is based on three foundations: I. The law of the Hellenic Republic, II. The Public International Law, and III. The European Law. I. Fundamental significance for the status of MA have the provisions of article 105 of the Greek Constitution. Then is the Charter of MA, which is drawn up and voted by the Athonite monachal authorities and afterwards ratified by the Ecumenical Patriarchate of Constantinople and the Greek Parliament. The Charter is a law of superior formal force in comparison to the other laws. According to the Constitution and the Charter, MA has an ancient privileged status and is a self-governed part of the Greek State, whose sovereignty remains intact. Spiritually MA is under the direct jurisdiction of the Ecumenical Patriarchate, direct in the sense that the Ecumenical Patriarch is also the local bishop of MA The territory of the peninsula is exempt from expropriation and is divided among the twenty Athonite monasteries exclusively. The administrative power lies in self-administration of the first and the second degree. The first is exercised by the ruling twenty monasteries. This number may not be changed, nor may their position in the preeminence, nor towards their dependencies (skates, cells, hermitages). Nowadays all the monasteries are coenobitic, i.e. the monks share a common life and have no private property. The monasteries are administered by the abbot, the Elders' Assembly and the Brotherhood. Second degree administration is operated by: 1. the Holy Community. It is comprised by twenty monks members, each of whom represents one monastery, 2. the Holy Community's executive organ is the Hiera Epistassia, which comprises four monks drawn annually from four monasteries in rotation. The leader of the Hiera Epistassia is called the First (= Protos). The Hiera Epistassis also performs specific duties as police force, police court and municipality of Karyes, the capital town of MA The legislative power is in the hands of: 1. The Holy Community as far as concerns the Charter of MA, 2. the Extraordinary Biannual Twenty-Members Assembly, which draws up the regulative provisions, and 3. the Greek State, as far as concerns: a) the rights and the duties of the (civil) Governor of MA, b) the judicial power of the Athonite authorities, and c) the custom and taxation privileges granted by the State to MA The judicial power belongs to: 1. the monastic courts (the abbot with the Elders' Assembly), 2. the Holy Community, 3. the Hiera Epistassia, and 4. the Ecumenical Patriarchate. The observance of the regimes is in the spiritual field under the supreme supervision of the Patriarchate and in the administrative under the supervision of the State, which is also exclusively responsible for safeguarding public order and security. These responsibilities of the State are exercised through the (civil) Governor of MA, whose rights and duties are determined by common law. All persons leading a monastic life in MA acquire the Greek citizenship without further formalities, upon admission in a monastery as novices or monks. Also persons who are not Orthodox Christians or they are schismatic Orthodox are prohibited from dwelling in MA II. The first international treaty that recognized an international protection of the MA status was that of San Stefano (1878), but only for the Russian monks. The Treaty of Berlin (also 1878) recognized the same protection for all the monks who were not borne in the Ottoman empire. Its article n? 62,8 was as follows: "Les moines du Mont Athos, quel que soit leur pays d'origine, seront maintenus dans leurs possessions et avantages ant?rieurs et jouiront, sans aucune exception, d'une enti?re ?galit? de droits et prerogatives". This provision was repeated in the special treaties of S?vres (1920) and then in the protocol of the Treaty of Lausanne (1923). These treaties safeguarded the rights and the liberties of the non-Greek monastic communi ties in MA as follows: "La Gr?ce s'engage ? reconna?tre et maintenir les droits traditionnels et les libert?s, dont jouissent les communaut?s monastiques non grecques du Mont Athos d'apr?s les dispositions de l'article 62 du trait? de Berlin du 13 juillet 1878". The same provision has been repeated in the Legislative Decree of 29.9/30.10.1923 "On the Protection of Minorities in Greece", article 13. III. Because a lot of provisions of the MA law are opposite to the principles of the European Union (for example the clausura to women, the special license in order to visit the peninsula, the taxation and customs privileges etc.), Joint Declaration n? 4 concerns MA was included in the Final Act (1979) of the Agreement concerning the accession of the Hellenic Republic in the European Economic Community, now-a days European Union. According to this Declaration, recognizing that the special status granted to MA, as guaranteed by the Greek Constitution, is justified exclusively on grounds of a spiritual and religious nature, the Community will ensure that this status is taken into account in the application and subsequent preparation of pro visions of Community law, in particular in relation to customs franchise privileges, tax exemptions, and the right of establishment. .
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Notari, Márcio Bonini. "O princípio da sustentabilidade sob a ótica do transconstitucionalismo: uma análise no âmbito do recurso extraordinário nº 627.189 (STF)." Cadernos de Direito 20, no. 39 (December 19, 2021): 151–69. http://dx.doi.org/10.15600/2238-1228/cd.v20n39p151-169.
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RESUMO: O objetivo do presente trabalho é analisar o principio da sustentabilidade na jurisprudência do Supremo Tribunal Federal, a partir da perspectiva do transconstitucionalismo. O meio ambiente ecologicamente equilibrado vem objeto de inúmeros debates, em nível internacional, inclusive no campo econômico, acerca da necessidade de adoção de medidas internacionais que levem em considerações as questões ecológicas e sociais, a ponto de realizar o enquadramento legal dos países que lucram com a poluição e o desmatamento. No campo da exportação, a comunidade européia também vem avançando na restrição ambiental aos produtos importos fruto de desmatamento. No Brasil os retrocessos a questão ambiental são sentidos na exploração de madeira ilegal e na destruição e queimadas realizadas na Amazônia. Sendo assim, a hipótese a ser desenvolvida engloba o meio ambiente como direito humano e consituticional, previstos nas normativas de direitos humanos e nas constituições modernas, mas requer uma abertura de um dialgo constitucional, levando em consideração, entrelaçamento de novas ordens jurídicas multiplas (local, supranacional, internacional, extraestatal), na construção de novas pontes transconstitucionais. O trabalho desenvolveu, na primeira parte, o aporte teórico do transconstitucionalismo, a partir da metáfora grega de Cilas e Caribdis; buscou, delimitar os conceito e noções elementares da perspectiv transconstitucional. Buscou-se no segundo momento, analisar o princípio da sustentabilidade nas convenções internacionais de direitos humanos. Por fim, constatou-se que a ideia de sustentabilidade, a partir dos postulados do tranconstitucionalismo, ainda que de forma indireta vem ganhando presença no âmbito do Supremo Tribunal Federal, a partir da análise do Recurso Extraordinário (RE)nº 627.189/SP, em que foram aplicadas diversas normativas de ordem jurídicas diversas, num caso que envolveu ato de concessionária de energia elétrica na redução de eletromagnéticos prejudiciais a sáude e ambiente de trabalho. PALAVRAS-CHAVE: Direito Ambiental, desenvolvimento sustentável e transconstitucionalismo. ABSTRACT:The objective of the present work is to analyze the principle of sustainability in the jurisprudence of the Supreme Federal Court, from the perspective of transconstitucionalismo. The ecologically balanced environment has been the subject of numerous debates, internationally, including in the economic field, about the need to adopt international measures that take into account ecological and social issues, to the point of achieving the legal framework of countries that profit from pollution and deforestation. In the field of exports, the European community has also been advancing in the environmental restriction on imported products resulting from deforestation. In Brazil, the setbacks to the environmental issue are felt in the exploitation of illegal wood and in the destruction and burning carried out in the Amazon. Therefore, the hypothesis to be developed encompasses the environment as a human and constitutional right, as provided for in human rights regulations and in modern constitutions, but requires an opening of a constitutional dialogue, taking into account the interweaving of new multiple legal orders (local , supranational, international, extra-state), in the construction of new transconstitutional bridges. The work developed, in the first part, the theoretical contribution of transconstitutionalism, based on the Greek metaphor of Cilas and Caribdis; sought to delimit the concepts and elementary notions of the transconstitutional perspective. The second step was to analyze the principle of sustainability in international human rights conventions. Finally, it was found that the idea of sustainability, based on the postulates of tranconstitutionalism, albeit indirectly, has been gaining presence within the scope of the Supreme Federal Court, based on the analysis of Extraordinary Appeal (RE) No. 627.189 / SP, in that several different legal rules have been applied, in a case that involved an act of electric utility in the reduction of electromagnetic harmful to health and work environment. KEYWORDS: Environmental Law, sustainable development and transconstitutionalism
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Gylka, K. "Prospects for European Integration of the Republic of Moldova and the Constitutional Component." Scientific Research and Development. Economics of the Firm 10, no. 2 (August 6, 2021): 84–89. http://dx.doi.org/10.12737/2306-627x-2021-10-2-84-89.
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The European Union (EU) is an economic and political union of 28 European countries. The population is 508 million people, 24 official and working languages and about 150 regional and minority languages. The origins of the European Union come from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), consisting of six states in 1951 - Belgium, France, Germany, Italy, Luxembourg and the Netherlands. These countries came together to put an end to the wars that devastated the European continent, and they agreed to share control over the natural resources needed for war (coal and steel). The founding members of ECSC have determined that this European project will not only be developed in order to share resources or to prevent various conflicts in the region. Thus, the Rome Treaty of 1957 created the European Economic Community (EEC), which strengthened the political and economic relations between the six founding states. The relevance of the topic stems from their desire of peoples and countries to live better. The purpose of the study is to identify the internal and external development mechanisms of European countries and, on this basis, to formulate a model of economic, legislative and social development for individual countries. The results of the study provide a practical guideline for determining the vector of the direction of efforts of political, economic, legislative, humanitarian, etc.
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Brentford, Philip. "Constitutional Aspects of the Independence of the European Central Bank." International and Comparative Law Quarterly 47, no. 1 (January 1998): 75–116. http://dx.doi.org/10.1017/s0020589300061571.
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At the celebrations of the 40th anniversary of the signature of the Treaty of Rome 1957 on 26 March 1997, Romano Prodi, President of the Italian Council, said that, with the Maastricht Treaty “we are perfecting our common economic constitution”, and that this Treaty should not be seen simply as an “instrument for the introduction of the single currency, but also as the awakening of the European peoples to the necessity of setting limits on the action of governments”. This notion of constitution or of economic constitution has received much attention from European legal scholars within the ongoing debate on constitutionalism and constitutionalisation within the Community legal order. However, constitutionalisation presents us with semantic difficulties, as legal doctrine has to adapt itself to the specificity of Community law. The discussion is further complicated by the divergence of views on the subject of whether the Treaties are a constitution for Europe and, indeed, whether Europe needs a constitution. Before we consider what constitutionalisation signifies, the notion of a constitution and an economic constitution in Community law merit consideration.
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Lesia, Khudoiar. "The principle of equality in the programming documents of the three internationals of the twentieth century." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 160–69. http://dx.doi.org/10.33663/0869-2491-2020-31-160-169.
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Introduction. The features of the concepts of equality enshrined in the provisions of the programming documents of the Internationals in the perspective of the genesis of the concept of human rights are highlighted. The aim of the article. The content and peculiarities of conceptions of the principle of equality in the programming documents of the Communist, Socialist and Liberal Internationals are investigated and compared in order to determine the influence of the hierarchy of moral and legal values of a particular political community on the evolution of the concept and content of the principle of equality in European society in a certain period of time. Results. The program of the Communist International, adopted at the 45th meeting of the 6th Congress of the Communist International on September 1, 1928, clearly articulates the idea of equality between men and women, as well as the equality of all fighters for a socialist lifestyle, regardless of national, cultural, linguistic or racial differences , gender, or profession. On the other hand, this concept of equality applies only to the class of the proletariat, which fights for "a world-wide proletarian dictatorship and world communism." That is, the authors of the program advocated a class approach to understanding the principle of equality, whose effect was not to extend to other classes and strata of society except the proletariat. The concept of legal equality declared in the Comintern documents has the character of equality of results - a concept whose meaning is that society and the state must guarantee equality of people through the redistribution of wealth and status in order to achieve economic and social equality. Equality in this concept is the first and greatest value compared to freedom and justice. This kind of equality is called egalitarianism and is possible only if free competition, which underlies equality of opportunity, is restricted. The Socialist Declaration of Principles adopted in Stockholm in 1989 proclaimed freedom, justice, equality and solidarity as the basic principles of the Social Democrats. In particular, it was emphasized that the Social Democrats attach equal importance to these fundamental principles and understand their interdependence. Contrary to this view, liberals and conservatives favor individual liberty at the expense of justice and solidarity, while the Communists claim to have achieved equality and solidarity, but at the expense of freedom. The Manifesto of the Liberal International declared the concept of equality of opportunity, according to which each individual should be guaranteed equal chances to succeed in life, and focused primarily on the principle of freedom in accordance with the classical principles of liberalism. In particular, the following liberal principles were proclaimed: independence of thought; respect for the human personality and the family as the foundation of society; the state is only a tool of the community; it must not assume a power which is contrary to the fundamental rights of citizens and to the conditions necessary for a responsible and creative life, namely: personal freedom, guaranteed by the independence of the administration of law and justice; freedom of religion and freedom of conscience; freedom of speech and the press; freedom to associate or not to associate; free choice of classes; the possibility of full and varied training, according to ability and regardless of birth or means; the right to private property and the right to start a separate enterprise; free choice of consumers and the opportunity to take full advantage of the productivity of the soil and the human industry; protection against disease, unemployment, disability and old age; equality between men and women. These rights and conditions can only be guaranteed by true democracy. Сonclusions. Defining in the conception of the equality principle of the Communist, Socialist and Liberal Internationals of the twentieth century there is a balance between equality and freedom. In particular, the limits of freedom and, accordingly, the content of the concept of equality are largely determined by the hierarchy of moral and legal values of a particular political community over a period of time. It is also important to emphasize that the genesis of the concepts of the principle of equality in the programming documents of three influential international political organizations of the twentieth century was conditioned by a complex and contradictory process of becoming European democracy. The triumph of the social-democratic and liberal concept of equality and its consolidation in the constitutions of most European countries in the second half of the twentieth century contributed to the deep disappointment of the general public of the European community with the totalitarian and authoritarian forms of government and the socio-economic progress of states with democratic forms of government.
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Derzhaliuk, M. "Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 1)." Problems of World History, no. 18 (November 8, 2022): 144–86. http://dx.doi.org/10.46869/2707-6776-2022-18-7.
Full textAbstract:
The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP).
It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole.
The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly.
The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted.
Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions.
It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019.
It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.
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Derzhaliuk, M. "Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 2)." Problems of World History, no. 19 (October 27, 2022): 143–75. http://dx.doi.org/10.46869/10.46869/2707-6776-2022-19-9.
Full textAbstract:
The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP).
It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole.
The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly.
The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted.
Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions.
It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019.
It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.
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Peers, Steve. "Bosphorus – European Court of Human Rights." European Constitutional Law Review 2, no. 3 (October 2006): 443–55. http://dx.doi.org/10.1017/s1574019606004433.
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The position of human rights within the European Union legal order has been an issue since the early years of the original European Economic Community. For many years, the development of human rights as general principles of Community law was characterized by dialogue and debate between the Communities' Court of Justice on the one hand, and certain national constitutional courts on the other, as regards the protection of human rights recognized in national constitutions by the Community legal order. But in recent years, there has been a parallel dialogue between the Court of Justice and the European Court of Human Rights, as regards the Community legal order's protection of the rights guaranteed by the European Convention of Human Rights (ECHR).
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Чиркин, Вениамин, and Vyeniamin CHirkin. "GLOBALIZATION AND THE BASIC CHANGES OF MODERN CONSTITUTIONS." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18200.
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On the basis of a positive and contrasting comparison, as well as content analysis of new constitutions and fundamental amendments to them the changes in their content, which occur as a result of the modernization, integration and globalization are considered. Modernization and economic (in fact, the economic and political) integration of states leads to the creation of a new form of supranational public legal formation with a different quality of public authorities and supranational law (the most prominent example is the European Union), as globalization leads to the spread of the general regulations of constitutional development in new countries and peoples. The processes of internationalization of the constitutions, the new phenomenon of constitutional convergence, harmonization and antagonisms on a world scale are appeared. Constitutional globalization is seen as the most general direction of development of the constitutional law of the world countries. Modernization and economic integration of states often involves the adoption of the principal amendments to the Constitution, “the Basic Law”, or even the whole constitution in the Muslim fundamentalism countries, where such a document as the Constitution, previously was considered unacceptable and was replaced by the Quran and Sunnah. In the countries of totalitarian socialism the processes of convergence has occurred (on the aspects of regulation of economic relations), but there is no harmonization, there are antagonisms with the constitutional decision of the basic questions of social and political system. In the states — members of the European Union the traditional position of the State Sovereignty is revised, new views on the national and supranational authorities are appeared. The mutual influence of international, supranational (so far only in the EU) and constitutional law takes place.
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Slinko, T. M. "Сompetence of the Federal Constitutional Court of Germany and the Constitutional Court of Ukraine: comparative legal analysis." Uzhhorod National University Herald. Series: Law 2, no. 73 (December 15, 2022): 215–18. http://dx.doi.org/10.24144/2307-3322.2022.73.63.
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Reflections on «possible constitutions of Europe» can have two directions. On the one hand, one can wonder about the legal form of the European Union: the fact that it is no longer a confederation of states, but not yet a federal state, requires a legal classification, for which a new concept of Verfassungsverbund was created in Germany, that is, a constitutional union. On the other hand, the question arises as to which national constitutions, or which parts of these constitutions, or which individual norms of these constitutions are best used to build a constitutional order in Europe. Solving this issue is not only a classic mission of comparative jurisprudence, but also of the current law of the European Community, since Article 6 of the Treaty onthe European Union declares certain principles of the Western constitutional state «common to all member states» and orders to consider fundamental rights «arising from common constitutional traditions of member countries, as general principles of Community law». Within the framework of the second way of formulating the question, the following description refers to the experience gained during the use of elements of the German Constitution to build other European constitutions. In this article, we will conduct a comparative legal analysis of the powers of the Federal Constitutional Court of Germany and the Constitutional Court of Ukraine. The possibility of legal review guarantees the supremacy of the constitution by sanctioning theviolation of the law of the constitution by repealing the law. According to the experience accumulated so far, an autonomous and independent constitutional court with the possibility of a constitutional appeal is a good way to protect human rights. Constitutional courts have a part of each existing state monopoly, namely the power of parliament to make laws and the power of the supreme court to interpret and apply laws passed by parliament.
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Grimm, Dieter. "A Long Time Coming." German Law Journal 21, no. 5 (July 2020): 944–49. http://dx.doi.org/10.1017/glj.2020.55.
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The commentary, especially from abroad, on the Federal Constitutional Court’s judgment concerning the bond-buying programme undertaken by the European Central Bank (ECB) conveys the impression that something unimaginable has occurred. The German court has refused to follow the ruling of the Court of Justice of the European Union (CJEU), thereby setting “a bomb under the EU legal order.”1 Yet there is nothing new about the risk of conflict between the two courts. It came about when the Court of Justice of the European Union implicitly presumed, in 1963,2 and explicitly declared, in 1964,3 that European law takes precedence over domestic law, even over domestic constitutional law. This view was by no means without alternative, given that the Treaties of Rome do not address the precedence of Community law. The Member States involved in the dispute denied having agreed to any such precedence in the Treaties. Even the CJEU’s Advocate General was unable to find any basis in the Treaties for the precedence of European law.4 The CJEU derived the precedence of European law from the purpose of the European Economic Community.5 It argued that there could be no common market if each Member State applied and interpreted European law however it saw fit.
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Stadnyk, Mykola M., Serhii B. Chekhovych, Hanna S. Yermakova, Valeriy V. Kolyukh, and Ilkin S. Nurullaiev. "The Factors of Constitutional Support for the Rule of Law in the System of Public Authorities." WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT 18 (January 13, 2022): 182–90. http://dx.doi.org/10.37394/232015.2022.18.20.
Full textAbstract:
The article examines the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The aim of this study was to analyse the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The constitutional design provides for the creation of rational structures for the functioning of public authorities, which should ensure democratic standards, economic development, anti-corruption policy by implementing the principles of the rule of law. The study used data on indicators that describe the state of the rule of law (Rule of Law Index), democracy (Democracy Index) and corruption (Corruption Perceptions Index). Methods of graphical comparison, scattering diagrams, classification of countries by categories were used. A graphical model of the dependence of the rule of law on the development of democracy and perceptions of corruption for 25 European countries is built on the basis of these factors. It is proved that the studied indicators are dependent: countries with a high Rule of Law Index (high level of restrictions on the powers of government institutions, protection of fundamental rights, law enforcement, security) have a high Corruption Perceptions Index (high level of anti-corruption) and Democracy Index. It is concluded that it is necessary to develop the constitutional provision of the rule of law by strengthening democratic values, improving economic growth and competitiveness, increasing control over corruption. Further research should analyse the impact of rule of law factors in low- and middle-income countries.
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Appella, Andrea. "Constitutional Aspects of Opinion 1/94 of the ECJ Concerning the Wto Agreement." International and Comparative Law Quarterly 45, no. 2 (April 1996): 440–62. http://dx.doi.org/10.1017/s0020589300059091.
Full textAbstract:
The conclusion of the Uruguay Round and the establishment of the World Trade Organisation raised one of the most touchy issues of the European architecture, notably the division of powers between the Community and the member States in the field of international economic relations. The dispute was settled by the European Court of Justice in Opinion 1/94, which was delivered on 15 November 1994.1 Although more than a year has passed since its publication, there are still a number of good reasons to explore the findings of the Court in Opinion 1/94 from the point of view of the Community constitution.
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Alpa, Guido. "European Community Resolutions and the Codification of ‘Private Law’." European Review of Private Law 8, Issue 2 (June 1, 2000): 321–34. http://dx.doi.org/10.54648/268927.
Full textAbstract:
Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a real market hindrance, while uniform private law rules emerge as conditions precedent for the implementation of the single market. Projects directed towards the harmonisation of private law through codification have faced various criticisms. Alpa tries to address these. He notes first the trend towards convergence of (some aspects of) national laws that has been observed by comparative lawyers and the existence of unifying frameworks such as the constitutional law of the EU and the European Convention on Human Rights. He then briefly addresses three particular issues: (i) the problems allegedly created by the difference between common law and civil law structures, (ii) claims concerning value of legal pluralism and the undesirability of eliminating national cultural characteristics, and (iii) the argument that techniques of harmonisation other than the drafting of a Civil Code are more appropriate. The paper concludes with a note on issues of the drafting and structure of a possible future Code.
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Legrand, Pierre. "European Legal Systems are not Converging." International and Comparative Law Quarterly 45, no. 1 (January 1996): 52–81. http://dx.doi.org/10.1017/s0020589300058656.
Full textAbstract:
Since the late 1940s, economic considerations relating to the globalisation of world markets have led an ever larger group of Western European countries to unite in the quest for a supra-national legal order which, in time, generated the European Community. Most of these countries' legal orders claim allegiance to what anglophones are fond of labelling the “civli law” tradition,1although two common law jurisdictions joined the Community in the early 1970s. The European Community's early decision to promote economic integration (and, later, other types of integration) through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption ofnationalrules in all member States), a process of relentless “juridification”; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a “steering medium”.2This development was foreseeable: once the interaction among European legal systems had acted as a catalyst for the creation of a supra-system,3the need to achieve reciprocal compatibility between the infra-systems and the supra-system naturally fostered the development of an extended network of interconnections (such as regulations and directives) which eventually raised the question of further legal integration in the form of a common law of Europe.4
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Chyla, Łukasz. "Latest remarks on the democracy and rule of law in CEE countries." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 24 (September 24, 2018): 77–89. http://dx.doi.org/10.19195/1733-5779.24.6.
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Latest remarks on the democracy and rule of law in CEE countriesRecently, most of the Central and Eastern European CEE countries are going through a very serious crisis of rule of law and constitutional democracy — especially comparing to the EU “accession period”. The apparently successful transition process, adopting the constitutional democracy and the rule of law in CEE countries is now facing serious challenges. Despite the illusive ideological solidarity, common values and increasing harmonization of law within the European Community, a contrast between the image and the reality has become visible. It turned out that apparently democratically mature new members of the European Community are, in reality, functioning in the shadows of informal networks, political systems and local correlations — while rule-of-law institutions are often too weak or underdeveloped and continuously fail to limit the abuse of uncontrolled state power. Interestingly, early signs of such shallow Europeanisation of the CEE political and legal systems has been for long marginalized by European Community. The cause of the current state is of deeply structural character, and constitutes mostly a proof of failure of defectively carried out process of transformation. The aim of the article is to present some comparative perspective on the subject and discuss the potential reasons of backsliding of CEE legal and political systems.Aktualne uwagi na temat demokracji i rządów prawa w krajach Europy Środkowo-WschodniejW ostatnim czasie większość krajów Europy Środkowej i Wschodniej przechodzi bardzo poważny kryzys rządów prawa i demokracji konstytucyjnej, szczególnie w porównaniu z tzw. okresem akcesyjnym UE. Udany proces transformacji, przyjęcie demokracji konstytucyjnej i rządów prawa w krajach Europy Środkowo-Wschodniej stoi obecnie przed poważnymi wyzwaniami. Pomimo iluzorycznej ideologicznej solidarności, wspólnych wartości i rosnącej harmonizacji prawa we Wspólnocie Europejskiej, widoczny staje się kontrast między tym wyidealizowanym obrazem a rzeczywistością. Okazało się, że pozornie dojrzali demokratycznie nowi członkowie Wspólnoty Europejskiej funkcjonują w rzeczywistości w cieniu nieformalnej sieci powiązań, podczas gdy instytucje rządów prawa są często zbyt słabe lub słabo rozwinięte i ciągle nie udaje im się ograniczyć nadużycia niekontrolowanej władzy państwowej. Co ciekawe, wczesne oznaki tak płytkiej europeizacji systemów politycznych i prawnych w Europie Środkowo-Wschodniej były długo marginalizowane przez Wspólnotę Europejską. Przyczyna obecnego stanu ma głęboki charakter strukturalny i stanowi głównie dowód niepowodzenia błędnie przeprowadzonego procesu transformacji. Celem artykułu jest przedstawienie pewnej perspektywy porównawczej na ten temat i omówienie potencjalnych przyczyn „odwrotu” prawnego i politycznego systemów CEE.
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McMahon, Joseph A. "International Agricultural Trade Reform and Developing Countries: The Case of the European Community." International and Comparative Law Quarterly 47, no. 3 (July 1998): 632–46. http://dx.doi.org/10.1017/s0020589300062205.
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We are all aware that agriculture is important to developing countries as a source of income, employment and export earnings. To a far greater extent than in the OECD countries, agriculture it central to the economic performance of developing countries and the livelihood of their inhabitants. Rural societies in developing countries are directly dependent on the agricultural sector and urban dwellers rely on agriculture to provide food security and sustainable economic growth. Furthermore, many developing countries heavily rely on the export earnings or are highly dependent on food imports. Given the fact that the poorest and most threatened communities and countries are typically the most highly dependent, the resolution of pressing global agricultural policy and trade issues is critical to sustainable development and poverty alleviation.
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Tonry, Michael. "Parochialism in U.S. Sentencing Policy." Crime & Delinquency 45, no. 1 (January 1999): 48–65. http://dx.doi.org/10.1177/0011128799045001003.
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The import/export trade in sentencing and corrections innovations between the United States and Europe is unbalanced. Humane, cost-effective sanctions such as prosecutorial fines, community service orders, and day fines have proliferated across national boundaries in Europe, but U.S. borders have proved impermeable. By contrast, American symbolic policies and rhetoric (e.g., three strikes, boot camps, truth in sentencing) have been adopted in mild forms in some English-speaking countries, but other European countries have shown no interest. The European focus on effectiveness, moderation, and humanity results in large part from constitutional arrangements that insulate sentencing and corrections policies from partisan and populist politics.
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Schroder, Humberto Zúñiga. "Scope of the ‘Liberalization Program’ in the Andean Community." Global Journal of Comparative Law 2, no. 2 (2013): 194–214. http://dx.doi.org/10.1163/2211906x-00202004.
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Among efforts of community cooperation worldwide, the Andean Community in South America is a notable example. This sub-regional organisation aims to achieve social and economic cooperation among its Member Countries with a view to the gradual formation of a Latin American common market. To attain this objective, the Cartagena Agreement provides, among other measures, the possibility to implement a trade Liberalization Program, aimed at eliminating any restriction or levy that affects imports of products originating in the territory of any Member Country. This paper focuses on the analysis of that Program, and how it falls within the so-called ‘constitutional’ or ‘original’ sources of the Andean legal system. It also examines the attributions of the Andean Community General Secretariat to determine through an investigation procedure whether a particular measure constitutes a levy or restriction.
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Mardas, Dimitri. "Intra-Industry Trade in Manufactured Products Between the European Economic Community and the Eastern European Countries." Journal of World Trade 26, Issue 5 (October 1, 1992): 5–23. http://dx.doi.org/10.54648/trad1992028.
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Vilchyk, Tetyana, Oksana Shcherbanyuk, and Kornelia Wolk. "The concept and content of the constitutional principle of justice." Constitutional and legal academic studies, no. 1 (November 10, 2022): 59–68. http://dx.doi.org/10.24144/2663-5399.2022.1.07.
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This article aims to reveal the main models of implementation of the bar in the European Union and Central Asia. As some of European Union’s neighboring countries are about to embark on EU accession negotiations, they are looking to reform their justice systems to align them with EU standards.
The article provides a comparative legal characteristic of the organization models of the advocate self-government bodies in the European Union and Central Asia countries from the point of view of compliance with international standards of Bar's independence. The authors have identified typical violations of the independence of lawyers' self-government bodies by the executive bodies of state power in Central Asian countries, shown the degree of their influence on protecting human rights and freedoms, and formulated recommendations aimed at overcoming existing violations’.
Advocate self-government should be considered as a manifestation of the principle of independence of the Bar. Since the definition of "independence" is used in a narrow legal sense, it should be understood exclusively as a known measure of legal freedom, free discretion in actions within the boundaries outlined by law. With regard to the Bar, the term "independence" should be interpreted in the context of Recommendations Rec (2000) 21 to the Committee of Ministers to member states on the freedom of exercise of the profession of a lawyer as "freedom of the profession from any undue restrictions, influences, pressure, threats or interference, direct or indirect, from any side or for any reason.
By "independence of the Bar" we mean such a legal status of the bodies of the advocates' community, established by law, which allows them to autonomously and independently from improper interference solve issues of their internal organization, as well as other tasks defined in the law, that is, to exercise self-government.
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Flere, Sergej. "REGISTRATION OF RELIGIOUS COMMUNITIES IN EUROPEAN COUNTRIES." POLITICS AND RELIGION JOURNAL 4, no. 1 (June 1, 2010): 99–117. http://dx.doi.org/10.54561/prj0401099f.
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In the text regimes of religious community registration by statutory law in European countries is reviewed. Although freedom of religion is declared as a pricniple at the European level and individual constitutional provisions, varied obstacles to registering religious communities are set. They may reflect fear of abuse of religion or the intent to safeguard the hegemony of a traditionally entrenched religion. Some of these obstacles are historically entrenched, whereas in post-Communist countries they have been set during democrratic reconstruction. States differ in conditions for registration, in bodies competent to act upon such supplications, procedures in reviewing them and in practice. A trend toward reaching the standards set by the Europeaн Convention on Human Rights may be discerned. The major policies of the Venice Commission regarding religious liberty and a number of standard setting judgments by the European Court of Human Rights, regarding religious liberty, particularly within the registration of religious groups are reviewed in continuation. These policies and judgments ensue from a strict vision of individual and collective religious rights and may collide with traditional religious cultures favouring an entrenched church, within various confessional traditions in Europe. These opinions and judgments present a limited but important instrument of affirmation of religious liberty and suppressing state arbitrariness in the treatment of religious freedom, particularly of minority groups and beliefs. Problems of Orthodox cultures are stressed.
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Vargas-Brand, Isué Natalia. "Uniform Rules for European Contract Law? A Critical Assessment." European Review of Private Law 24, Issue 6 (December 1, 2016): 1245–50. http://dx.doi.org/10.54648/erpl2016072.
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The international conference ‘Uniform rules for European Contract Law? A critical assessment’ was organized by the IE University and IE Center for European Studies under the direction of Prof. Francisco de Elizalde on 23 and 24 June 2016. A group of leading academics in this field ‒ coming from different countries and legal cultures ‒ attended a conference in Segovia (Spain), on the occasion of the 30 anniversary of Spain’s incorporation into the European Economic Community (EEC)/European Union (EU), to discuss and analysed the current need for uniform rules in European Contract Law.
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Zielke, Rainer. "Anti-avoidance Legislation of Mayor EC Member Countries with Reference to the 2014 Corporate Income Tax Burden in the Thirty-Four OECD Member Countries: Germany, France, United Kingdom, and Italy Comp." EC Tax Review 23, Issue 2 (March 1, 2014): 102–15. http://dx.doi.org/10.54648/ecta2014011.
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Despite continuous instability in the European Community (EC) its mayor countries Germany, France, the United Kingdom, and Italy exhibit continuously economic growth and stability. According to the International Monetary Fund these European countries have - in this order - the highest gross domestic product in the European Community in 2012. In this article anti-avoidance legislation of - according to the gross domestic product - the four most important EC countries will be reviewed with reference to the tax differential to the thirty-four OECD Member Countries. The pivotal question is, therefore, to what extend can internal tax planning with mayor European countries be optimized by inclusion of anti-avoidance legislation. This article outlines the objectives and concepts of international tax planning with regard to anti-avoidance legislation and provides an overview of the concepts, laws and rules of anti-avoidance legislation in mayor EC Member Countries. After that the advantages and strategies of international tax planning with regard to anti-avoidance legislation in mayor EC Member Countries are deducted where an overview on anti-avoidance legislation of mayor EC Member Countries is provided - also with regard to new tax legislation - and locations for subsidiaries and for parent companies are reviewed. Finally, the concluding remarks are presented. Transfer pricing will not be reviewed here.
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Burdanova, Anna S. "Constitutional social rights in the countries of the European Union. Theoretical provisions and problems of implementation." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 3 (August 25, 2021): 329–39. http://dx.doi.org/10.18500/1994-2540-2021-21-3-329-339.
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Introduction. Social rights belong to the second generation of human rights and freedoms, they ensure social security, all-round development of the individual. They are widely represented in the national legislation of the countries of the European Union, primarily in the relevant legislation. However, the same cannot be said about constitutional law, which is associated with different approaches of legal scholars and proven practices in the legal regulation of the implementation of social guarantees in a particular state. The methodological basis of the work was formed by general scientific and special legal research methods. Theoretical analysis. In the scientific European literature there is no single approach to the definition of basic social rights, their essence, types, legal consequences. Moreover, there are fundamentally opposite points of view about the need for their recognition and consolidation at the constitutional level. Thus, the discussion is on in individual states and the European Union as a whole. In the legal doctrine of a number of countries, for example Germany, broad and narrow approaches are used to define social rights. At the same time, at the pan-European level, a broad approach is mainly used, which draws attention to the presence of social guarantees in the Constitutions and, accordingly, state target programs of a social orientation. Empirical analysis. In general, the Constitutions of the EU countries enshrine certain social rights, which may differ in the actual form of their expression in constitutional acts. This form depends on legal approaches, traditions, historical path, economic and political experience of the state. Meanwhile, the point of view about the need to recognize social rights at the highest level, despite the existing criticism, became decisive during their subsequent inclusion in the Charter of Fundamental Rights of the European Union. Results. The working document of the European Parliament distinguishes between three systems for integrating social rights into the Basic Law: liberal (for example, Austria), moderate (for example, Germany) and southern European (typical of Spain, Italy, Portugal, Greece). At the same time, the comparison shows that for the realization of the rights of the second and third generations, constitutional consolidation is not enough; a socio-political consensus is needed, reflected through the normative legal acts adopted by the legislative body. In the European Union, attempts are being made to expand social guarantees, which face the rejection of the concept of unification of social rights by individual member states.
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Bordaš, Bernadet. "Legal status of the citizens of third countries in the European Union." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 319–50. http://dx.doi.org/10.5937/gakv0606319b.
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The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.
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Nalyvaiko, Larysa, and Olha Chepik-Tregubenko. "Institute of constitutional complaint: foreign practice, domestic experience and prospects." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 7–15. http://dx.doi.org/10.31733/2078-3566-2020-2-7-15.
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The article deals with the problem of realization of the constitutional complaint in foreign countries and its peculiarities and further prospects in Ukraine. It is emphasised that the introduction of the constitutional complaint and the parallel implementation of the doctrine of amicable treatment of international law in the Constitutional Court will comprehensively promote the protection of citizens’ rights at national level and, as a result, can be an effective means of avoiding undue burden on the European Court of Human Rights. The most relevant directions for the constitutional complaint in Ukraine are identified: the intro-duction of a full constitutional complaint, but not a regulatory one which is in force today; inability to review the decision of the Court of Justice for a final judgement already enforced, etc. It is pointed out that the introduction of a normative model of constitutional complaint in Ukraine provoked a number of discussions regarding the full realization of the rights of the individual, but the situation in the state should be evaluated first and foremost. Various statistics on the constitutional complaint in Ukraine and in foreign countries are presented and analyzed. It is highlighted that given the complex political and economic situation in the coun-try and other factors, the implementation of the constitutional complaint institute should be moderate in nature and be gradual, elaborated and legally predicted by specialists. It is emphasised that the introduction of a complete model of constitutional complaint is an important direction of development of constitutional modernization in Ukraine which should move in parallel with political, social, economic reforms. With a view to the effective and transparent implementation of the constitutional complaint institute in Ukraine, the need for clarification of the provision of Article 78 on the grounds for issuing the interlocutory order, since the question remains as to what exactly should be referred to as the term “irre-versible consequences”; attention to the issue of meaningful filling of the concept of “public interest” (Part 2 of Article 77 of the Law of Ukraine “On the Constitutional Court of Ukraine”).
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Lubis, Syaravina. "Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations." Journal of Law Science 4, no. 1 (January 30, 2022): 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
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The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
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Alpa, Guido. "La codificazione del diritto dei consumatori. Aspetti di diritto comparato." ECONOMIA E DIRITTO DEL TERZIARIO, no. 1 (October 2009): 69–83. http://dx.doi.org/10.3280/ed2009-001003.
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- The constitutional dimension of consumer rights obtained definitive consecration with the approval of the Nice Charter in December 2000, made autonomous from the Constitution, in the form of the European Charter of Fundamental Rights and used not only as a political document, but also as a legal document, and with the approval of the European Constitution in October 2004, the latter subject to the ratification of all Member Countries. Among the aims of the Union, the European Charter of Fundamental Rights sets human dignity as the basic value (art.I-2) and states that the sustainable development of Europe is based on "balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress"(art.I-3). The Charter recognizes and guarantees the right of individuals to physical and mental integrity (art.II-63), reaffirmed in the form of health protection (art.II-95), respect for family life (art.II-67) and protection of personal data (art.II-68) and specifically provides "a high level of protection" for consumers (art.II-98). Consequentially, a distinction should be made between consumer claims which adhere to fundamental rights, recognized in the constitutions of the member countries, and emphasised in the European Charter, and the so-called "economic rights", which are placed on the same level of those rights referring to the "professional". The elevation of individual rights - as a "consumer" - to European constitutional level has a dual value: it binds the Community institutions and the Member States, but it also binds national courts. In this way, the Drittwirkung of the recognized and guaranteed principles may take place directly - and not only as a consequence - in the relations between individuals.
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BAUR, GEORGES S. "Square Pegs and Round Holes (Continued): Financial Market Surveillance Authorities and Internal Market Association." Cambridge Yearbook of European Legal Studies 22 (December 2020): 32–59. http://dx.doi.org/10.1017/cel.2020.10.
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AbstractAfter the financial crisis of 2008, the European Union (‘EU’) not only increased its substantial legislation regarding financial services, but also built up a strong and unified system of financial market supervision. In particular, central surveillance authorities were created. These were given far-reaching competences with regard to substituting dysfunctional national authorities or players in the financial services sector. The three European Economic Area (‘EEA’) and European Free Trade Association (‘EFTA’) States—Iceland, Liechtenstein, and Norway—participate in the EU's internal market through their membership of the EEA. In order to continue participating on an equal footing in the internal market for financial services and to honour their duty to maintain homogeneity, the EEA EFTA States also had to incorporate the new institutional setup regarding financial services supervision. This obligation, however, in particular relating to certain intrusive powers of the new surveillance authorities, collided with some constitutional reservations, above all of the two Nordic EEA EFTA States. This article will show how these conflicting aims could be merged into a system that on the one hand guarantees the unified overall approach needed for strengthened surveillance of the internal market for financial services, and on the other hand safeguards certain constitutional reservations of the EEA EFTA States. It also looks at how third countries that do not (fully) participate in the internal market, such as the United Kingdom and Switzerland, are likely to be treated in this context by the EU.
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Haase-Kromwijk, Bernadette, Frans du Pré, and Bernard Cohen. "Organ Transplantation and European Community Law: The Case of Non-Residents." Journal of Health Services Research & Policy 2, no. 3 (July 1997): 168–73. http://dx.doi.org/10.1177/135581969700200308.
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Objectives: The role of the European Union in influencing health care policies in member states is of increasing importance. The Eurotransplant Foundation is an organization which provides donor organs to the most suitable transplant recipients. It covers a region of five countries (Austria, Belgium, Germany, Luxembourg, The Netherlands). As there is a severe shortage of donor organs within its region, registration of so-called non-resident patients on the waiting lists aggravates this shortage. Could European Community law, especially rules on competition, limit Eurotransplant's freedom to introduce a restrictive policy on non-residents? If so, could participating transplant centres or patients initiate legal action against Eurotransplant to stop the execution of such a policy? Methods: Quantitative descriptive data on organ donation and use by the Eurotransplant Foundation during 1994 and 1995, by residents and non-residents. Analysis on basis of economic and legal framework. Results: Solidarity between potential donors and potential recipients is organized in a different manner in an organization such as Eurotransplant as compared to a national organization under national law. National regulations may introduce a restrictive policy for the acceptance of non-resident patients. Eurotransplant — as a matter of its own policy — has to consider international solidarity. The scope of the non-resident issue is dealt with, and it is explained why it is considered to be a problem. On the basis of a discussion of the economic and the legal framework for a non-resident policy, an answer to the question is suggested. Conclusion: It might be possible for Eurotransplant to introduce a restrictive policy on the admission of non-residents without violating the European Community Treaty.
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Cardwell, Michael. "The European Model of Agriculture and World Trade: Reconfiguring Domestic Support." Cambridge Yearbook of European Legal Studies 5 (2003): 77–103. http://dx.doi.org/10.1017/s1528887000004286.
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The level of support to agricultural producers in the Community has remained high notwithstanding the commitments imposed under the Uruguay Round Agreement on Agriculture (‘URAA’). Thus, according to the Organisation for Economic Co-operation and Development (‘OECD’), the ‘producer support estimate’ for the period 1986–1988 amounted to 44 per cent of gross farm receipts and the proportion rose marginally to 45 per cent in 1998. It may also be noted that, while the proportion in the case of the United States was approximately half that of the Community, the figure for 1998 was likewise not dissimilar from that for the period 1986–1988 (respectively 22 and 25 per cent). As a result, Cairns Group countries have felt able to direct strong criticism against the two great exporters of agricultural produce. This state of affairs was not unanticipated.
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Hasani, Enver. "The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo." Review of Central and East European Law 43, no. 3 (August 13, 2018): 274–313. http://dx.doi.org/10.1163/15730352-04303003.
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Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.
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Petrushenko, Yuriy, Fedir Zhuravka, Vladyslav Shapoval, Lyudmila Khomutenko, and Olena Zhuravka. "Sustainable socio-economic development and Rainbow Europe Index." Problems and Perspectives in Management 19, no. 4 (December 21, 2021): 408–21. http://dx.doi.org/10.21511/ppm.19(4).2021.33.
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The issues of recognizing the rights of the LGBTQ+ community around the world and developing appropriate anti-discrimination policies and laws are one of the main topics for discussion in the global agenda. This is due to the commitment of the world community to protect human rights and meet the needs of society. The paper aims to assess the relationship between socio-economic development indicators of some European countries and the Rainbow Europe Index. To find out how discrimination against the LGBTQ+ community affects various social and economic development indicators of some European countries, a data matrix was developed and the Spearman rank correlation coefficient was calculated. The obtained results confirmed a positive relationship between the Rainbow Europe Index and GDP per capita, the Human Development Index, the Corruption Index, and the Index of Happiness. Calculations have shown that the Rainbow Europe Index had a significant impact on these indicators. The study proved the dependence of indicators and demonstrated the need to provide freedoms and rights for LGBTQ+ affiliated members in Ukraine and other European countries. AcknowledgmentThis paper is published as a part of research projects “Convergence of economic and educational transformations in the digital society: modeling the impact on regional and national security” (No. 0121U109553) and “Reforming the lifelong learning system in Ukraine for the prevention of the labor emigration: a coopetition model of institutional partnership” (No. 0120U102001).
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Close, George. "The Legal, Economic and Administrative Adaptations of Central European Countries to the European Community. European Community Studies AssociationNormes Verlagsgeselbchaft. 1993. 126 pp. ISBN 3-7890-3174-x.DM.28]." International and Comparative Law Quarterly 43, no. 4 (October 1994): 971–72. http://dx.doi.org/10.1093/iclqaj/43.4.971.
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Hasanaj, Shkelzen. "Europeanization through Migration Policies: Legislative Comparison between Civil Law Systems and Common Law Systems." Academic Journal of Interdisciplinary Studies 7, no. 2 (July 1, 2018): 73–95. http://dx.doi.org/10.2478/ajis-2018-0049.
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Abstract Within the European Union there are several states that have implemented laws, often following different paradigms, to cope not only with the increase in migratory flows, but also to foster the integration and participation of the migrants themselves in socio-political and economic life. In recent decades, immigration into Europe has become a matter of primary and strategic importance for the definition of both internal policies and the external relations of the Union. The progressive settlement of substantial national and ethnic groups poses important economic, social and cultural challenges, to which the policies implemented have so far only partially responded. Guiding concepts like integration, assimilation and respect for diversity still struggle to find an adequate realization in the reception policies of the European states. In this regard, a real revolution in this area was the realization of the “common basic principles” of 2004, which made member states become aware of the respect for fundamental rights, non-discrimination and equal opportunities for all (Niessen,. Schibel, 2007), and it later became a mere “Common agenda for Integration”. In this context, we can recall the decision of the Council and of the European Parliament n.1983 / 2006 which proclaimed 2008 as the European Year of Intercultural Dialogue. With this research, we intend to analyze the regulations concerning the migration of European governments and how they have changed over time, paying particular attention to the activation of inclusion strategies in some European Union countries; at the same time, we intend to find a strategy for a possible cooperation in the management of migratory processes. The integration regulations launched in Italy, Germany, France and the United Kingdom will be examined from the 1940s to 2015 and a comparative study will be conducted between the Community policies and the policies of four countries chosen to highlight common features and divergences.
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Jakimko, Hanna Duszka. "The Importance of the Convergence of Legal Cultures for Modern Trends of Integration." European Journal of Interdisciplinary Studies 1, no. 1 (April 30, 2015): 110. http://dx.doi.org/10.26417/ejis.v1i1.p110-116.
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Reflections on the importance of cultural convergence and integration in the European countries of the region are still present in the social, economic and legal discourse. Converging trends, in most general terms, mean strengthening, consolidation and merging international political, economic and cultural cooperation. A contribution to this is given by processes widely discussed in the literature like globalization, economic liberalization and political, ideological and moral pluralism. The phenomenon of convergence applies to law as such. The above mentioned factors are fostering the convergence of law. However, one can indicate conditions shaping legal integration in a specific way. An adhesive joining the European legal culture tends to be a common legal tradition of states of the relevant cultural area, constitutional tradition, ethical values - humanity, freedom, justice and equality - defining the legal thinking and interpretation of the law. These considerations aim to illustrate the importance of the convergence of legal cultures to seek answers about the role and importance of law and changes in the way of understanding of the law within globalization and integration processes. For this purpose, the concept of globalization will be reconstructed as well as the idea of integration, culture and legal culture, and then described the impact of converging trends on the processes of creation, interpretation and application of the law.
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Ahmeti, Dr Sc Skender, BSc Feste Gjonbalaj, BSc Ejona Blyta, and BSc Laura Lumezi. "Corruption and Economic Development." ILIRIA International Review 2, no. 1 (June 30, 2012): 91. http://dx.doi.org/10.21113/iir.v2i1.164.
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There is no sustainable economic development without a functioning rule of law. Besides sustainable economic policies like low interest rates, low inflation, low budget deficit, reasonable taxes and economic freedom for business development, the necessary ones for country’s economic growth are functioning of state institutions, support and development of reforms as well as successful fight against corruption.Corruption is a phenomena often encountered and spread in countries that have problems with rule of law as well as with judiciary system. Corruption manifestation is inevitable in circumstances when state institutions are weak. The phenomena is especially problematic in countries that go through transition periods since these countries are often characterized as nonefficient in fighting this phenomena1 . Countries in transition continue to have the image of countries with high level of corruption, which causes serious crisis from local opinion and continuous demand from international community due to the unsuccessful fight against this malevolence.World Bank considers corruption as the biggest obstacle in the fight for poverty eradication, since it undermines the rule of law, weakens state institutions and most of all it affects the poor. Politically, it undermines democracy and good governance, economic equal growth and development, as well as people’s trust in state institutions.Lately, several anti-corruption laws have been adopted in Kosovo, but they have not been implemented in practice and were not sufficient in fight against corruption. Kosovo’s long lasting dream of integrating in European Union, necessarily demands to built and functionalize anti-corruptive measures with priority, as a fundamental precondition for EU pre-accession process
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Tymoshenko, Andrey A. "Binding Decisions of the European Court of Human Rights on the Transformation of Russian Legislation in the Era of Digitalization." Russian Journal of Legal Studies (Moscow) 9, no. 1 (April 12, 2022): 9–14. http://dx.doi.org/10.17816/rjls104798.
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On the basis of the analysis of the law enforcement practice of foreign countries and the doctrinal views of foreign researchers, this article examines the question behind national authorities trust in the broad interpretation by the European Court of Human Rights of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The challenges in the digital progress force legislators to pay increasing attention to the implementation of the interests of his own country, contrary to the approaches demonstrated in other countries. Implementing the road maps of socially significant projects is impossible due to the rejected priorities of Russias domestic policy.
The Constitutional Court of the Russian Federation has the legitimate right to defend the internal logic of the protectionist measures of the national authorities protecting the economic foundations of society, the priorities of its social policy, and the security of the state.
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Morin, Jacques-Yvan. "Droit et souveraineté à l'aube du XXIe siècle." Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988): 47–114. http://dx.doi.org/10.1017/s0069005800003143.
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SummaryThe author explores the relationship between the concept of sovereignty and international law. First, he examines this theme in its changing historical context, particularly the subordination of law to sovereignty by Hegel and the nineteenth-century positivists, and the various attempts by Kelsen and others in the twentieth century to assert the primacy of international law. He then examines the stress laid upon sovereignty as a means of obtaining a more just international economic order by states of the Third World. The implications of bilateral and multilateral agreements that grant broad powers to financial and economic international institutions are also examined to determine their impact upon the sovereignty of less developed countries. The author also examines the implications of the extensive practice of treaty-making and the adoption of rules and standards within a range of Specialized Agencies of the United Nations. He also traces the gradual development of the European Economic Community from free trade area to European union as envisaged by the Single European Act, under which the sovereignty of member states is steadily giving way. In the final analysis, the author concludes that sovereignty is a relative concept. It is not sovereignty itself which is impeding the development of a true community of states but rather the many economic, social, political, and psychological conflicts which impede the development of common values uniting the whole international community.