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1
Marchuk, M., and L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Mosakova, E. A., and K. Kizilova. "Labor market in the UK in digital era: The gender dimension." RUDN Journal of Sociology 21, no. 3 (September 17, 2021): 512–19. http://dx.doi.org/10.22363/2313-2272-2021-21-3-512-519.
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The article considers gender discrimination in the field of labor relations in the United Kingdom (UK) in the pre-covid period. In the past decades, the Western European countries have made the most significant progress in achieving gender equality in various fields, including labor relations, and became the world leader in this area. However, despite all the efforts of the international community, no country has achieved a full gender equality, and Great Britain is no exception. The authors argue that the British anti-discrimination legislation (before leaving the European Union) was based on international acts and conventions. For a long time, there were acts and laws prohibiting discrimination in the labor market, which seriously hindered the implementation of an effective anti-discrimination policy in the sphere of labor relations. It was not until 2010 that the law on equality was passed to replace all previous laws and regulations and to provide an exhaustive list of criteria for prohibiting discrimination. As a result, Great Britain began to develop a rather strict national anti-discrimination legislation in the field of labor relations. Thus, in the past decades, the UK has been achieving gender equality in the economic sphere at a faster pace than the average European Union country. The study shows a steady decline in the gender wage gap in the UK over the past two decades, which may be considered one of the countrys most significant achievements in fighting gender discrimination in the labor market. However, there is still a number of serious challenges: a relatively low female labor force participation and employment rate, a gender wage gap and income gap, horizontal and vertical segregation, a gender gap in postgraduate education, and a significant gender gap in time spent on family responsibilities. Age discrimination presents a special problem in the sphere of labor relations in Great Britain. In the European Union, the first laws prohibiting age discrimination were adopted only in the 2000s, and in the UK - in 2006. This problem still remains extremely acute for the labor market, since age discrimination in the UK ranks third among the most common grounds for discrimination - after gender and disability.
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Rushiti, Ana. "The Impact of The Court Map in the Field of Advocacy." Indonesian Journal of Advocacy and Legal Services 4, no. 2 (September 30, 2022): 243–58. http://dx.doi.org/10.15294/ijals.v4i2.58446.
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The rule of law operates in accordance with the law, focusing on the equality of citizens before the law and the prohibition of the arbitrary power of the executive (Government). Justice reform is a mechanism that made it possible for citizens to increase their trust in justice. Justice reform was a mechanism that we had not heard before and it is important in this paper to mention the causes and consequences of justice reform by balancing them to understand its positive and negative sides. Judicial reform has mostly affected judges and prosecutors, but also lawyers in court cases as well and the public had an important role to denounce any judge or prosecutor who had given court decisions in violation of the law but also cases of corruption of judges or prosecutors. In this paper it is very important to address two very important principles sanctioned by the European Convention on Human Rights. the second is a trial within a reasonable time by analyzing court decisions and the importance of respecting deadlines by the courts for a speedy and effective justice. A new innovation taken from the countries of the European Union was the new court map that does not brought a few debates in our country and how the new court map will affect the economy of Albanians given that Albania is a developing country.
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Stan, Ana-Maria. "De la separatism regional la centralizare: două proiecte legislative ale universitarilor clujeni privind reforma învățământului superior românesc după 1918." PLURAL. History, Culture, Society 9, no. 1 (May 28, 2021): 141–57. http://dx.doi.org/10.37710/plural.v9i1_7.
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After the Great War and the union of Bessarabia, Bukovina, Transylvania, and the Banat with the Old Kingdom, the reform of higher education and, implicitly, its transformation into a unitary and efficient system required a lot of efforts. A significant number of initiatives and projects were discussed by the Romanian academic circles, politicians, and by the broader public before the first law for the organization of universities in Greater Romania was adopted and implemented, in April 1932. This article is a case study, which focuses on two proposals put forward in the 1920s by some prominent professors of the University of Cluj. My research tries to clarify and enrich our knowledge regarding the various stages that preceded and shaped the 1932 higher education law. It highlights the similarities and differences between these projects, looking, in particular, at their most relevant and modern elements. The article could equally provide points of comparison for future analysis regarding the reconstruction of the educational systems in other Central or Eastern European countries, in the first half of the 20th century.
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POTAPOVA, Oleksandra. "INTERNATIONAL EXPERIENCE OF FORMATION OF THE EDUCATION SYSTEM IN THE CONDITIONS OF DECENTRALIZATION OF POWER." Dnipro Academy of Continuing Education Herald. Series: Public Management and Administration, Vol. 1 No. 2 (2022) (August 31, 2022): 37–42. http://dx.doi.org/10.54891/2786-6998-2022-1-6.
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The article examines aspects of the international experience of education system formation in conditions of decentralization of power in countries such as France, Poland, the Czech Republic, and the USA. It was determined that Ukraine must quickly and with the least losses overcome the shortcomings of the post-Soviet education management system in order to create a competitive national education system, therefore, studying the experience of countries around the world, analyzing mistakes and successes in reforming the education system in conditions of decentralization of power are necessary to successfully overcome all difficulties in the future development of the national education system. It was concluded that educational systems within the European Union remain unique in each country with a different degree of centralization or decentralization of management and financing of education, therefore it is necessary to find a rational «golden mean» in each of these systems and apply it in Ukraine in conditions of decentralization authorities. The impact of the democratization of education management on increasing the autonomy and level of socialization of educational institutions is determined. The concepts of «democratization» and «decentralization» are highlighted and the influence of these processes on the conditions of functioning of schools, stimulation of creative activity of teams and management is determined. The experience of some countries was studied, which shows that a strong legal state, which supports the principle of equality of all before the law, should be a guarantor of democratic rights in various spheres of social life, and first of all, in quality education. The article also focuses on the main areas of decentralization of educational institution management. Ways to improve the quality and practical significance of education a on the study of the experience of modernization and modification of the education system of the countries of the world and the application of these approaches in the future in the institutions of domestic education, which will contribute to the creation of conditions for deepening the knowledge of education seekers, improving the quality of educational services, socio-economic development country, ensuring the growth of Ukraine’s competitiveness, as well as the creation of new jobs with higher requirements for knowledge and skills. re proposed, based.
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Maslii, О., A. Vlasov, S. Polyashov, A. Chebotarev, and S. Litvinovsky. "LOGISTIC FEATURES OF THE ARMED FORCES OF UKRAINE IN MODERN CONDITIONS." Collection of scientific works of Odesa Military Academy 2, no. 14 (January 25, 2021): 178–86. http://dx.doi.org/10.37129/2313-7509.2020.14.2.178-186.
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The article summarizes the review and analytical work regarding the features of the formation and development of logistics support for the Armed Forces of Ukraine. Logistics is considered as a fundamental aspect of the fulfillment of the mission of the armed forces of our state in a crisis situation and peacetime. The development of Russian aggression in the east of Ukraine objectively led to an understanding of the immediate transition from the use of the crisis logistics model to the involvement of elements of the military logistics model, which is capable of functioning both in peacetime and during military operations. With the outbreak of war in the East, all-round supply was provided from the center to military units that were in positions and performed combat operations. In fact, in the first months of the announcement of the anti-terroristical operation in Ukraine and before the entry of Russian troops into the territory of our country, the leading structures only superficially (unsystematically) tried to restructure the logistics of crisis situations into a nationwide one. Ukraine seeks to maintain friendly relations with all countries of the world on the basis of international treaties concluded on the principles of equality, non-interference in internal affairs, respect for independence, sovereignty and territorial integrity. But for now, the armed conflict continues in Ukraine, which became the most European conflict after the end of World War II, in which Ukraine follows the defensive strategy. And this should become the basis for the formation of the logistic concept of the state armed forces. A conceptual analysis of the evolutionary development of military logistics showed that in the process of historical development of scientific approaches to waging war, intensive scientific and technological progress, military logistics changed and reformed, new logistics systems, innovative methods, models and tools for managing logistic support for troops. This process should continue on a scientific basis, taking into account the best world and own experience. In crisis situations, the population is primarily affected. Therefore, the wide-profile tasks of rescuing and assisting the civilian population (the victim, who is evacuated and remains in the territory with the affected infrastructure) in the crisis zone laid on military logistics. The formation and development of the logistic system of the Armed Forces of Ukraine should be carried out taking into account the peaceful, partnership policy of our state and NATO countries. As for the evolutionary development of the logistics support for the Ukrainian AF, military logistics should be developed on a scientific basis, taking into account the international experience of NATO countries and our own experience, and in crisis situations, military logistics should be entrusted with broad-profile tasks of helping civilians in the crisis zone, and its further development should be conducted in a comprehensively. Today, our country is creating a single effective logistics system for the Armed Forces of Ukraine, other military units and law enforcement agencies, both in peacetime and in wartime, which should operate in accordance with NATO standards and be able to cooperate with the armed forces of other states - members of NATO and the European Union. Therefore, the issue of military logistics, as one of the most important and basic components of military operations, is relevant and requires careful study. Keywords: logistics, features, military logistics, crisis situations logistics, the country's defense and security system, the Armed Forces of Ukraine, materials, material supply, material resources, international relations, reserves, supply.
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López Aguilar, Juan Fernando. "El caso de Polonia en la UE: retrocesos democráticos y del estado de derecho y «dilema de Copenague»." Teoría y Realidad Constitucional, no. 38 (July 1, 2016): 101. http://dx.doi.org/10.5944/trc.38.2016.18604.
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Durante las legislaturas europeas 2009-2014 y 2014-2019 la UE viene asistiendo al desafío planteado por los alarmantes signos de deterioro y retroceso de la democracia en la UE. No por casualidad esta tendencia ha coincidido con la inmersión de la Unión en la peor crisis de su historia, que arrancó en 2008 y ha venido en llamarse la «Gran Recesión» de la UE o la «glaciación» europea. Hungría ha sido durante este período el caso más paradigmático de las derivas antidemocráticas -restricciones del pluralismo político e informativo, de la independencia judicial y de la jurisdicción del TC- experimentadas por países de la UE. Pero, recientemente, Polonia ha dado muestras de un deterioro igualmente preocupante. Con todo no se trata, desgraciadamente, de casos aislados sino una tendencia cada vez más generalizada que ha recibido, según los contextos, el nombre de «putinización» u «orbanización» de Estados miembros de la UE. El presente artículo hace un recuento de los deterioros constitucionales sufridos por esos dos países y de las iniciativas que desde la UE se han puesto en marcha para seguir y dar respuesta a esos procesos. El artículo hace hincapié en los rasgos «antiliberales» o «iliberales» que caracterizan dichas democracias, así como los inherentes al auge del nacionalismo y la intolerancia y los discursos del odio, y los pone en relación con otros procesos históricos de erosión democrática en Europa, incidiendo en la dialéctica democracia vs populismo. El artículo plantea, asimismo, los conflictos que se derivan del denominado «dilema de Copenhague» y del auge de la extrema derecha a lo largo y ancho de la UE y se detiene en algunos casos como el de las restricciones de derechos a los refugiados en Dinamarca o de los retrocesos habidos en los últimos años en derechos y libertades públicas en España. El artículo concluye que los deterioros descritos están vinculados a la «gran ampliación», que supuso la adhesión a la UE de los países del Este, con el telón de fondo de una crisis económica y financiera devenida, en poco tiempo, en crisis social y de valores como consecuencia de las políticas de austeridad impuestas por un manejo insatisfactorio de la propia crisis. Ello ha redundado en una impugnación de la propia idea de construcción europea desde diversos frentes ideológicos. El artículo se detiene, finalmente, en la respuesta europea a las mencionadas derivas a través de una reivindicación de sus valores fundantes y de una protección reforzada de los mismos mediante la implementación de nuevos mecanismos que velen por la calidad democrática y del Estado de derecho en la UE como complemento de los procedimientos judiciales de tutela de los derechos fundamentales comunes a las tradiciones constitucionales comunes de los Estados miembros.During the European legislatures 2009-2014 and 2014-2019 the EU has witnessed the challenge posed by the alarming signs of deterioration and decline of democracy in the EU. Not by chance this trend has coincided with the immersion of the Union in the worst crisis in its history that began in 2008 and has been called the «Great Recession» of the EU or the European «glaciation». Over this period Hungary has been the best example of democratic backsliding in the EU but Poland has shown an equally worrying deterioration lately. Yet these are not, unfortunately, isolated cases but there is rather an increasingly widespread trend in Europe that has received, depending on the context, the name «putinization» or «orbanization». The present article recounts the constitutional deterioration experienced by those two countries and the initiatives that have been launched from the EU to follow-up and contest those processes. The article emphasizes the «anti-liberal » or «iliberal» features that characterize these democracies as well as those marks inherent to the rise of nationalism and intolerance and puts them in relation to other historical processes of democratic erosion in Europe, focusing on the dialectic democracy vs populism. The article also exposes the conflicts stemming from the so-called «Copenhagen dilemma» and the rise of the extreme right across the EU and stops in some concrete cases such as the restrictions on the rights of refugees in Denmark or the limitations which have occurred in recent years in the field of civil liberties in Spain. The article concludes that this deterioration is linked to the «great enlargement», which involved the accession to the EU of the Eastern European countries against the backdrop of a relentless financial and economic crisis that rapidly became in a social crisis and a truly crisis of values as a result of the austerity policies imposed by an unsatisfactory handling of the crisis itself. This has resulted in a challenge to the very idea of European integration coming from different ideological fronts. The article finally stops on the European response to the democratic backsliding described before by reaffirming its fundamental values and by enhancing their protection by implementing new mechanisms to ensure that the quality of democracy and the rule of law in the EU is improved complementing the national systems of judicial protection of fundamental rights legal common to the constitutional traditions of the EU Member States.
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Krošláková, Monika, and Radoslava Mečiar. "The Selected Aspects of Gender Equality in European Union." Studia commercialia Bratislavensia 5, no. 19 (December 1, 2012): 411–22. http://dx.doi.org/10.2478/v10151-012-0007-6.
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Abstract Despite the laws and regulations that should ensure equal gender treatment, women are still disadvantaged in all businesses and public sector. This discrimination is manifested particularly in the approach to jobs, financial evaluation, political nominations and opportunities of developing their abilities regardless of gender. The gender differences in work and public life remain even today the most visible evidence of inequality between men and women in our society. The gender equality is one of the fundamental principles of EU law and all its member countries committed to be in the compliance with it. This article reviews the current state of gender equality in EU.
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Stamatel, Janet P. "Money Matters: Dissecting the Relationship Between Gender Equality and Female Homicide Victimization Rates in the European Union." Feminist Criminology 13, no. 5 (September 16, 2016): 435–55. http://dx.doi.org/10.1177/1557085116667480.
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This study utilized a fairly new measure of gender equality from the European Union to dissect the relationship between gender-specific homicide victimization rates and different forms of gender equality across a sample of European countries. Results showed support for a curvilinear relationship between financial equality and female and male homicide victimization, providing support for amelioration and backlash theories, but no support for absolute economic marginalization. While there were some similarities between the female and male models, there were enough differences to warrant further investigations of gendered theories of violent victimization.
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Kádár, Tamás. "Equality bodies." International Journal of Discrimination and the Law 18, no. 2-3 (June 2018): 144–62. http://dx.doi.org/10.1177/1358229118799231.
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The Treaty of Amsterdam and the subsequent adoption in 2000 of the so-called Race Directive was a genuine paradigm shift in European equal treatment legislation and practice. One of the major developments resulting from this Treaty change and new Directive was the introduction of a requirement for all European Union (EU) Member States to set up bodies for the promotion of equal treatment, first on the ground of race and ethnic origin, later extended to the ground of gender. This article analyses the emergence of these bodies – equality bodies – in EU Member States and candidate countries and the role they play in promoting equality and the implementation and monitoring of EU equal treatment legislation. It argues that equality bodies have a significant potential to contribute to more equal societies and they have proved to be effective agents of change. They do so, among others, by contributing to relevant case law in front of the Court of Justice of the EU leading to the further development and clarification of EU and national equal treatment legislation. The article also looks at the challenges experienced by equality bodies in different European countries as factors that influence and might limit their potential and contribution. To conclude, the article examines the necessary conditions for equality bodies to effectively contribute to the implementation of EU legislation and the achievement of substantive equality and it assesses whether current standards for equality bodies can guarantee these conditions.
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O'Hare, Ursula. "Equality and Affirmative Action in International Human Rights Law and its Relevance to the European Union." International Journal of Discrimination and the Law 4, no. 1 (March 2000): 3–45. http://dx.doi.org/10.1177/135822910000400102.
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Human rights norms have played an increasingly important role in recent equality cases before the European Court of Justice, including the Marschall case on positive action. This paper aims to contribute to the positive action debate in Community law by exploring the meaning of the equality principle in human rights law and outlining the potential relevance of the human rights approach to affirmative action for the development of the equality principle in Community law. The paper suggests that the equality principle in human rights law, not only permits, but arguably may, in certain circumstances, require states to adopt affirmative action in fulfilment of their obligations to respect the equality principle. Human rights law thus represents a valuable resource upon which the Court could draw in developing the equality principle in Community law. Should the Court have regard to human rights law in framing the future scope of the equality principle in Community law this may result in a bolder approach to positive action in Community law than hitherto adopted by the Court. The paper, however, also recognises the limits of human rights law and concludes with an assessment of those steps which the international community may need to take if the Court is to be expected to draw upon human rights norms in informing its interpretation of Community equality law.
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Bianco, Giuseppe. "European Unions Investment Agreements and Public Debt." European Business Law Review 28, Issue 2 (April 1, 2017): 119–33. http://dx.doi.org/10.54648/eulr2017010.
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The on-going global financial crisis has hit Europe in an especially significant manner. With the legal vacuum surrounding sovereign debt restructurings, Bilateral Investment Treaties (BITs) and Free Trade Agreements (FTAs) signed by European countries can provide grounds for litigation in future debt crises. The sovereign debt crisis in the heart of the Eurozone has materialized such dangers, and has had an impact on the European Union’s strategy as an actor in international investment. The problems experienced by Argentina before the ICSID have made European countries more aware of the potential hidden in their BITs. This has in turn led to a careful drafting of the CETA and the TTIP, and potentially of all the other major FTAs to follow.
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Kuvaldin, Stanislav. "The Values of the EU and their Protection in the European Law." Contemporary Europe 100, no. 7 (December 31, 2020): 37–45. http://dx.doi.org/10.15211/soveurope720203745.
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Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.
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McKay, Sonia. "Does One Size Fit All? Trade Unions, Discrimination and Legal Regulation in the European Union." International Journal of Comparative Labour Law and Industrial Relations 27, Issue 2 (June 1, 2011): 165–87. http://dx.doi.org/10.54648/ijcl2011012.
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It is argued that accessing decent work and employment is among the most effective ways of integrating people and encouraging social cohesion, and it was within this framework of understanding that, just over ten years ago, two Directives were passed: Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in accessing employment and while in work and Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.1 The Equality Directives do more than simply locate equality issues within the workplace. They also place a particular responsibility on Member States to promote social dialogue between the social partners, employers, and trade unions to work towards the promotion of equality. This article considers the extent to which the directives have been successful in this regard through an examination of initiatives taken by Europe's trade unions to foster equal treatment. Based on a study of 130 such trade union initiatives in thirty-four European countries, selected on the basis of their significance or degree of innovation in relation to their specific country contexts, the article examines whether and in what way the principles enshrined in the directives have impact on the practices of Europe's trade unions while also considering whether their histories, geographies, policies, and practices together with their contexts of operation make the promotion of equality in all of the areas covered by the directives a challenge too far. This also at least raises the question as to whether a single framework for legal regulation can operate as an effective tool for the promotion of equality, in particular, given the responsibility of trade unions to their members, who, in periods of economic crisis, may focus on job protection measures to the exclusion of other policies.
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Kuplewatzky, Nicolaj. "Venezuela v. Council: The Standing of Third Countries Before the EU Courts." Global Trade and Customs Journal 16, Issue 5 (May 1, 2021): 203–8. http://dx.doi.org/10.54648/gtcj2021022.
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Venezuela v. Council is the first direct action before the Court of Justice of the European Union that will consider whether third countries may act as applicants to challenge acts of the European Union under the fourth paragraph of Article 263 TFEU. Specifically at issue in that case is the determination of ‘legal personality’ and ‘direct concern’. Both matters are threshold conditions for the question of admissibility of a case before the EU Courts. On 20 January 2021, Advocate General Hogan delivered his Opinion on the satisfaction of those conditions. Therein, he finds that Venezuela satisfies both the conditions for ‘legal personality’ and ‘direct effect’. This case note seeks to summarize and reflect on the Advocate General‘s assessment. Anti-Dumping, Significant Distortions, State Capitalism, European Commission, Constructed Normal Value, Third Country, Input Prices, China, Russia, Trade Defence
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Mancano, Leandro. "Trust Thy Neighbour? Compliance and Proximity to the EU through the Lens of Extradition." Yearbook of European Law 40 (January 1, 2021): 475–514. http://dx.doi.org/10.1093/yel/yeab012.
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Abstract The principle of mutual trust between Member States is key to the functioning of European Union (EU) law. Rooted in sincere cooperation and equality of the Union’s States, that principle is premised on compliance with shared values, interests, and rules. This fosters close cooperation in many areas, such as law enforcement, as exemplified by the European Arrest Warrant Framework Decision (EAW FD). Outside the Union, the presumption is that the principle of mutual trust does not apply. This seems confirmed by the case law on the extradition of EU citizens, with the EU Court of Justice (ECJ) prioritizing intra-EU cooperation over forced transfer of Union nationals to the requesting third countries. As the EU has developed a sophisticated network of relationships with its partners, and neighbours especially, the question arises as to when, if at all, third countries can be trusted, and when that trust can be challenged. By using the benchmark of EU membership as the standard of legal proximity, this article analyses the EU’s relationship with some of its neighbours in cases of extradition. The article creates an analytical framework to tackle unanswered questions around mutual trust and cooperation in criminal matters, and to read into the future of the legal relationship between the EU and some third countries.
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Talapina, Elvira V. "Gender equality in the context of digitalization: the european legal experience." Gosudarstvo i pravo, no. 5 (2022): 115. http://dx.doi.org/10.31857/s102694520016449-4.
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The principle of gender equality is closely linked to the right to non-discrimination, which has come into national legislations from international law. The evolution of the principle of equality from formal to substantive has been influenced by the Anglo-Saxon approach to European Union law, which focuses on equal treatment. In general, a fairly uniform model of anti-discrimination legislation has emerged worldwide. The digitalization process has brought with it new threats, and a number of countries have already identified a gender gap in access to technology. However, the greatest risks are posed by digital gender discrimination - direct or indirect discriminatory actions that are based on automatic decisions made by algorithms. Such decision-making cannot be described as technology-neutral, as the algorithm may reflect the prejudices of programmers. The discriminatory decisions made by algorithms will be consistent and systematic, which is much more dangerous than individual human decisions. The causes of digital discrimination lie in modelling and making predictive recommendations based on discriminatory data, and in training algorithms based on discriminatory data. To overcome this complex problem - from the legal point of view - it is necessary to enforce the rule of transparency of algorithms as well as the decisions they make. It is necessary to conduct an audit of the algorithms - a special evaluation of the algorithm for potential violations of human rights. Also, the possibility and procedure of using artificial intelligence for decision-making must be regulated by laws. Some artificial intelligence systems should be banned outright, while others should be strictly controlled. The Proposal for a European regulation on artificial intelligence amply demonstrates this.
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Doan, Kien Trung. "EU’s Legal Framework on Personal Income Tax and Suggestions for Asean to Protect The Rights of Taxpayers." Journal of Contemporary Sociological Issues 2, no. 2 (August 31, 2022): 92. http://dx.doi.org/10.19184/csi.v2i2.31448.
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The European Union (EU) has a complete and standard legal system, which is always the object of research and evaluation to learn for many countries. The EU comprises countries with an appropriate personal income tax system to ensure human rights. To ensure equality and human rights, and development in every member state, the EU seeks to harmonise personal income tax law, an area primarily of national jurisdiction. This article aims to study and evaluate some basic regulations that the EU has issued to create compatibility of the personal income tax law of the member states, better ensure human rights and promote the development of the Union. Based on the experiences of the EU, the article analyses some implications for the harmonisation of personal income tax law within the ASEAN from the perspective of international private law.
Keywords: Personal Income Tax, Legal Harmonisation, EU, ASEAN
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Ferran Vila, Susanna, Giorgia Miotto, and Josep Rom Rodríguez. "Cultural Sustainability and the SDGs: Strategies and Priorities in the European Union Countries." European Journal of Sustainable Development 10, no. 2 (June 1, 2021): 73–90. http://dx.doi.org/10.14207/ejsd.2021.v10n2p73.
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This research aims to analyze how the Sustainable Development Goals (SDGs) are included in the EU cultural policies and which are the priorities of the European Union (EU) in the cultural sustainability’s agenda. We performed a content analysis of the EU Countries’ cultural policies, evaluating the grade of inclusion of the SDGs. The conclusions show that the EU cultural policies, although not explicitly, include the SDGs in the definition of their strategies, policies, projects and actions. Specifically, eight of the seventeen SDGs are included in relation to the following interdisciplinary topics: Cultural and Natural Heritage (SDG11), Cultural Education (SDG 4), Cultural Diversity (SDG 4), Social Inclusion (SDG 10), Information Access (SDG 16), Cooperation with other institutions (SDG 17), Environment (SDG 13), Economic Growth (SDG 8) and Gender Equality (SDG 5). Topics’ priorities are generally commonly defined in the different EU countries.
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Goosey, Stuart. "The legality and morality of judicial retirement ages." International Journal of Discrimination and the Law 18, no. 4 (September 21, 2018): 197–217. http://dx.doi.org/10.1177/1358229118792332.
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The judicial retirement age in the United Kingdom, which requires judges to retire before they reach the age of 70, engages the age discrimination provisions of the Equal Treatment Framework Directive [2000/78/EC] and therefore is only lawful if it is shown to be a ‘objectively and reasonably justified by a legitimate aim’. This article argues that the judicial retirement age is justified and therefore lawful under European Union law. In support of this argument, I outline a pluralist theory of age discrimination that consists of principles that explain when age-differential treatment wrongs people and when that treatment is justified. The theory includes the following principles: equality of opportunity, social equality, autonomy, respect and efficiency. After considering these principles, I argue that the judicial retirement age in the United Kingdom is justified by advancing equality of opportunity and social equality by increasing the turnover of judges and therefore increasing the number of vacancies for younger people and under-represented groups.
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Brayson, Kimberley. "Gendered Rights on the European Stage: Do Marginalized Groups Find a ‘Voice’ in the European Court of Human Rights?" European Public Law 16, Issue 3 (September 1, 2010): 437–54. http://dx.doi.org/10.54648/euro2010030.
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This article examines the pursuit of gender equality rights before the European Court of Human Rights from a comparative perspective. Drawing on material from case reports from a number of European countries, this article investigates the application of Article 14 of the European Convention on Human Rights (the non-discrimination provision) to instances of gender discrimination. Using a theoretical framework of ‘intersectionality’, this article suggests that many cases that arguably have a gender component to them are not viewed as such by the European Court of Human Rights. Instead, they are treated as generic claims raising other civil or political rights and are thereby stripped of their important gender dimension. Two recent cases of the Court brought against Bulgaria (MC and Bevacqua) are, however, celebrated for a more gender specific analysis of the ‘private’ harms suffered by the victims in these cases.
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Timofeyeva, Liliya. "EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME." European Historical Studies, no. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Puetz, Achim. "‘Extraterritoriality’ in European Law: Airfreight and Beyond." Air and Space Law 46, Issue 6 (November 1, 2021): 763–84. http://dx.doi.org/10.54648/aila2021048.
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Air carriers operate, almost by definition, in an international environment. Under air services agreements (ASAs) concluded by European Union (EU) Member States with third countries, with or without the involvement of European institutions, many non-EU airlines offer flights to or from the Union. However, the correlative increase in competition has not only positive effects, e.g., a wider offer and more advantageous flight rates. The fact that the obligations imposed on – and, in general, the conditions applicable to – non-European carriers in their respective countries of origin are different from those that weigh on European airlines leads to situations in which EU and non-EU carriers do not compete on equivalent terms. Furthermore, anticompetitive behaviour on the part of the airlines cannot be ruled out. The question then is whether and to which extent European legislation is applicable to non-EU carriers, both in terms of competition law and sector-specific regulations. The present article aims at reviewing the current state of ‘extraterritorial’ application of European law, mainly from an antitrust perspective, and it does so on the basis of a thorough analysis of a case currently pending before the General Court (GC), where the jurisdiction of the Commission has been challenged precisely for sanctioning non-EU carriers for acts performed outside the Common Market. Carriage by Air, Competition law, Jurisdiction, Extraterritorial Application of European Law, Air Services Agreements
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Carlsen, Lars, and Rainer Bruggemann. "Inequalities in the European Union—A Partial Order Analysis of the Main Indicators." Sustainability 13, no. 11 (June 2, 2021): 6278. http://dx.doi.org/10.3390/su13116278.
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The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.
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Shyshka, Roman, Oleksandr Shyshka, Nataliia Shyshka, Anatolii Slipchenko, and Maxym Tkalych. "Updating Civil Legislation in Accordance with European Quality Standards." DIXI 24, no. 1 (December 24, 2021): 1–27. http://dx.doi.org/10.16925/2357-5891.2022.01.11.
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The article is devoted to the study of European quality standards of the law to promote the effectiveness of the work begun in Ukraine on updating the civil legislation. The ability to achieve this goal depends on the quality of the process. Such a process primarily contributes to the assertion of the absolute value of the human person, freedom, democracy, equality, and the priority of man over the state; improving the mechanisms of protection and proper protection of human rights and freedoms, their equality before the law and justice. The latter especially in the context of counteracting the spread of the COVID-19 pandemic, which has led the state of Ukraine (as well as other states) to take steps to limit or reduce human rights and, accordingly, is not always compatible with the rule of law. General and special methods of scientific knowledge were used in this study, namely methods: Analysis and synthesis, systems analysis, formal-logical and structural-functional, along with some empirical methods. The practical significance of the study is that the materials summarized in the research and the conclusions reached by the authors are relevant for foreign legislators, regarding bringing national legislation to global trends in private law and its compliance with the rule of law, including the principle of legal certainty and legitimate expectations. Based on the analysis of the European Court of Human Rights (ECHR) practice and other European Union requirements for the quality of law in Europe, the authors made several conclusions and recommendations on the process of updating the civil legislation of Ukraine.
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Josipović, Ivo. "Responsibility for war crimes before national courts in Croatia." International Review of the Red Cross 88, no. 861 (March 2006): 145–68. http://dx.doi.org/10.1017/s1816383106000099.
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This article analyses problems with which the Republic of Croatia, as a country in transition, has to contend during war crimes proceedings. A major characteristic of the recent wars waged on the territory of the former Yugoslavia is that war crimes were committed, though on a different scale, by all parties involved, irrespective of the political and other motives that prompted them to engage in armed conflict. Political unwillingness is the principal reason why national courts, including those in the Republic of Croatia, did not prosecute war crimes in accordance with internationally acceptable standards. The international community responded by setting up the International Criminal Tribunal for the former Yugoslavia (ICTY), the main objectives of which are to establish justice, render justice to victims and determine the historical truth. Implicitly, despite political and other opposition to its work, the ICTY is helping to define legal and ethical standards appropriate for a democratic society in the countries established on the territory of the former Yugoslavia. This is particularly important for the reason that all these countries aspire to membership of the European Union. The work of the ICTY, as well as proceedings before domestic courts, is therefore an important legal, political and moral catalyst on their way towards accession to the European Union. This is fully confirmed by the example of the Republic of Croatia.
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Peña-Sánchez, Antonio Rafael, José Ruiz-Chico, Mercedes Jiménez-García, and José Antonio López-Sánchez. "Tourism and the SDGs: An Analysis of Economic Growth, Decent Employment, and Gender Equality in the European Union (2009–2018)." Sustainability 12, no. 13 (July 7, 2020): 5480. http://dx.doi.org/10.3390/su12135480.
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In 2015, the United Nations (UN) approved the 2030 Agenda on Sustainable Development to improve the lives of countries and societies. The World Tourism Organization (UNWTO) incorporated the agenda into the tourism industry. This study has as its primary objective an exploratory analysis of tourism activity in the EU-28 countries over the decade 2009–2018 and its adaptation to the Sustainable Development Goals through the lens of employment. This study focuses on the goals of decent employment and economic growth (O8) and gender equality (O5). The results obtained suggest that, in general, the eastern countries of the EU-28 show better values for Sustainable Development Goal (SDG) (8) and SDG (5) with respect to both employment and the wage gap. However, these countries have lower GDP-weighted remunerations, which can become an opportunity to obtain higher shares of tourism activity within the EU. It is concluded that there is a need to reinforce the awareness of the fabric of the tourism business and for public administrations to favor stable and decent employment and a reduction in the current gender wage gap.
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Mbaku, John Mukum. "Constitutions and Citizenship: Lessons for African Countries." International and Comparative Law Review 17, no. 1 (June 1, 2017): 7–49. http://dx.doi.org/10.2478/iclr-2018-0001.
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Summary Since the colonial period in Africa, ruling elites have manipulated laws regulating citizenship to advance their political and economic interests. The European colonialists used citizenship laws to enhance their ability to maintain control over the colonies and minimize the ability of Africans to fight for independence. Many Africans believed that independence and the establishment of new institutional arrangements would allow them to develop a common national citizenship, one in which all the citizens of each country would have equality before the law and be granted equal opportunity for self-actualization within all parts of the country, regardless of their racial or ethnic affiliation. However, in the post-independence period, incumbent political elites have been acting like their colonial counterparts and have used citizenship laws to get rid of critical and opposing voices by depriving these people of their nationality. In 1996, for example, Zambia’s ruling political party, the Movement for Multi-Party Democracy (MMD), adopted a new constitution, which effectively stripped the country’s independence president, Kenneth Kaunda, of his Zambian citizenship and prevented him from challenging the MMD for leadership of the country. Similarly, in 2000, then president of Côte d’Ivoire, Henri Konan Bédié, changed the constitution and introduced a citizenship clause that effectively disqualified the candidacy of his main opposition, Alassane Ouattara. South Africa’s apartheid regime, on the other hand, introduced a racially-based multilayered citizenship system in which individuals of European origin were placed at the top, enjoying full citizenship rights, and Africans were relegated to the bottom with extremely attenuated citizenship rights. Some African groups were actually forced to lose their South African citizenship. Citizenship is a complex issue and one that citizens of a country must deal with. The paper suggests that in doing so, African countries must not allow citizenship to be defined by race, ethnicity, religion, or other ascriptive traits, but by allegiance or fidelity to a set of values or ideals (e.g., democracy, rule of law, equality before the law) that define the nation.
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Kerras, Hayet, Jorge Luis Sánchez-Navarro, Erasmo Isidro López-Becerra, and María Dolores de-Miguel Gómez. "The Impact of the Gender Digital Divide on Sustainable Development: Comparative Analysis between the European Union and the Maghreb." Sustainability 12, no. 8 (April 20, 2020): 3347. http://dx.doi.org/10.3390/su12083347.
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Today, the relationship between gender and information and communications technologies (ICTs) is a very important element in achieving sustainable development, since ICTs play a key role in attaining gender equality and empowering women by allowing access to important information and involving them as actors in social, economic and environmental development. This participation is closely linked to the degree of education, training and employability, and so women bring added value to the technology sector and not only to it, but also to all sectors associated with it, through their contribution to R&D and Innovation. The 17 goals adopted in Agenda 21 constitute a roadmap that aims to involve all actors and impose gender equality in each one of these goals. In this study, we compare the innovation and gender index of four Mediterranean countries (France, Spain, Morocco, and Algeria) and analyze how some indexes related with “the gender digital divide” affect the achievement of these sustainable development goals. It has been observed that Sustainable Development Goals (SDG) 2, 3, 4, 5, 8, 9 and 10 are the most influenced by ICT and the gender digital divide, and that none of the countries in our study have achieved them, although France and Spain present a moderate trend towards their achievement by 2030, and to support this statement, a multiple linear regression has been performed at a global level for the countries that have all of the indicators’ data available. The empirical results show that the gender digital divide has a negative effect on this accomplishment and that the technology disposition has a positive effect on them.
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Chudinovskikh, M., and N. Tonkikh. "Telework in BRICS: Legal, Gender and Cultural Aspects." BRICS Law Journal 7, no. 4 (December 20, 2020): 45–66. http://dx.doi.org/10.21684/2412-2343-2020-7-4-45-66.
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With the rapid development of digital technologies and globalization, telework is becoming increasingly common. For the BRICS countries, the formation of a modern legal regulation model for telework is of great importance. In drafting legislation, it is essential to take into account economic and cultural factors, as well as the need to ensure gender equality. This article presents an analysis of current trends in telework development in the BRICS countries. Its findings reveal various reasons for a growing need to regulate telework. For Brazil, the issue of ecology plays an important role; for China and India, the possibility of integration into the world economy; in Russia, the focus is still on the procedural issues concerning the conclusion and termination of employment contracts; in South Africa, the issue of ensuring not only gender equality, but also racial equality is acute. The analysis gives the authors grounds to conclude that the BRICS countries are still lagging behind the United States and the European Union in the area of telework labor law, despite its widespread prevalence. The BRICS countries do not yet produce the necessary statistics on the prevalence of telework. Issues relating to BRICS's deepening integration require the development of common approaches to regulating the work of teleworkers. The harmonization of legislation between Russia and China is of particular importance due to the territorial factor.
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Douglas, Julie, and Jane Parker. "The Role of Women’s Groups in New Zealand, UK and Canadian Trade Unions in Addressing Intersectional Interests." International Journal of Comparative Labour Law and Industrial Relations 26, Issue 3 (September 1, 2010): 295–319. http://dx.doi.org/10.54648/ijcl2010018.
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Trade union women’s groups (WGs) may be defined as collective mechanisms such as women’s committees, conferences, networks, caucuses, branches/locals and training courses located within the wider union setting (cf. independent, self-organized WGs). The study draws on national surveys of trade unions in the UK, Canada, and New Zealand to examine the role(s) played by WGs, particularly in terms of voicing and advancing diverse or intersectional interests. Diversity builds on the more or less stable identities on which ‘difference’ ideas of (gender) equality are premised. Intersectionality is defined here as recognition of a person or group’s membership in more than one marginalized group, and intersectional interests as (i) interests held by subgroups of women (e.g., ethnic minority women); (ii) interests which transcend gender but may have gendered impacts; and (iii) more traditionally conceived gender interests which emphasize women’s situation relative to that of men (i.e., ‘intra-’, ‘trans-’ and ‘inter-gender’ interests). We also examine the equality approaches that underpin these pursuits before considering how intra-WG, union, and wider contexts help account for similarities and differences in union WG foci in the three countries. Based on extant research and the study’s empirical findings, the concluding discussion considers the broad directions in which UK, Canadian and New Zealand WGs may be headed in terms of representing intersectional interests and what this may mean for internal cohesion and union revitalization.
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Sánchez, Angeles, and María Navarro. "Public Policies of Welfare State and Child Poverty in the European Union." Sustainability 13, no. 5 (March 3, 2021): 2725. http://dx.doi.org/10.3390/su13052725.
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Combating child poverty is desirable to ensure equality of opportunities across children, as well as fostering the sustainability of the societal well-being for future generations. This paper focuses on the study of child poverty in the 28 Member States of the European Union over the period 2008–2018. We analyse the relationship between child poverty and government social expenditure by controlling it with tax structure (ratio direct taxes over indirect taxes), economic growth and socio-demographic characteristics. For that, we rely on panel data methodology. This paper has verified that the effectiveness of the government social spending programmes to reduce child poverty also depends on the progressiveness of the country’s tax structure. Government spending on health and education programmes could be more effective in reducing child poverty in Member States with less progressive tax structure, provided they reached the average level of public spending for the whole of the European Union. By contrast, a positive relationship between child poverty and government social protection spending regardless of the tax structure of countries was found. In this case, the underlying forces that lead to less effectiveness of social protection programmes are also stronger in the less progressive Member States.
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Vujović, Ranka. "The status and rights of the child in the same-sex union: European law and practice." Pravni zapisi 13, no. 2 (2022): 675–96. http://dx.doi.org/10.5937/pravzap0-37326.
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Parental rights are obviously the most controversial issue in the legal regulation of same-sex unions. This is one of the challenges facing the Republic of Serbia at this moment and which needs to be comprehensively considered in order to meet the announced legal regulation of same-sex unions, and this work is directed towards that goal. The focus of the paper is not the discussion about how the sexual orientation of parents affects the quality of parenting and the well-being of children and whether the sexual identity of parents is an important factor in effective parenting. This work is the result of research on how in the European legal area, in the member states of the Council of Europe and the European Union, which have legally regulated same-sex unions, the principles of equality, the rule of law, and the best interests of the child are reflected on the legal position of children and the enjoyment of rights arising from family life. In addition to the various points of view presented in the legal literature, the paper presents key positions and the latest decisions of the European Court of Human Rights and the European Court of Justice, which have specific implications for the need to harmonize internal regulations and legal practice in the member states, and a critical review of jurisprudence is given of certain foreign courts of the highest rank in cases whose outcomes can significantly influence the change of doctrines in the judicial practice of those countries, but also as an inspiration to other legal systems.
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Strom, Martin. "European Union Competition Law Developments in the Aviation Sector: July to December 2019." Air and Space Law 45, Issue 2 (April 1, 2020): 103–42. http://dx.doi.org/10.54648/aila2020007.
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The second half of 2019 continues to highlight the rapidly-changing aviation sector, with a number of key developments. This article summarizes the main developments over the past six months and provides the reader with greater detail of each of these developments. The Competition and Markets Authority (the ‘CMA’) in the United Kingdom has launched an in-depth Phase 2 investigation into the proposed acquisition of Farelogix by Sabre, after rejecting the parties’ initial remedies. As part of the Phase 2 review, the CMA inquiry group has stated that it intends to review whether the CMA has jurisdiction to investigate the transaction. This type of jurisdictional assessment is not commonly undertaken during Phase 2 investigations. The Parties are accusing the CMA of merging the substantive assessment of whether the transaction would lead to a substantial lessening of competition, with the jurisdictional issue of whether the transaction is one which qualifies for review by the CMA. A number of the airline addressees of the European Commission’s (the ‘Commission’) air cargo cartel decision have argued their respective appeals against the re-adopted 2017 decision. This marks the latest development in the long-running saga, which started with the Commission carrying out a number of unannounced inspections in 2006 (so-called dawn raids) before reaching its first decision in 2010. Following a successful appeal of the 2010 decision, the Commission re-adopted its decision in 2017, which is the focus of the current appeals. The airlines have raised arguments based on, inter alia, lack of evidence, statute of limitation, equality of treatment, the role played by regulators outside of the European Economic Area (‘EEA’), etc. The recent collapse of the Thomas Cook Group has spurned a number of competitionrelated developments. The German competition regulator has cleared an acquisition by Signa of 106 branches as well as the online travel business of Thomas Cook. The German regulator similarly cleared a separate transaction by Anex Tour of the Bucher Reisen & Öger Tours business. The collapse also caused financial difficulties for Condor Airlines (part of the Thomas Cook Group), as it was forced to write off a number of claims against other group companies. This led Germany to grant temporary rescue aid of EUR 380m to the airline, which has subsequently been approved by the Commission. Aviation, airline, regulation, competition and anti-trust
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Fabbrini, Federico. "After the OMT Case: The Supremacy of EU Law as the Guarantee of the Equality of the Member States." German Law Journal 16, no. 4 (September 1, 2015): 1003–23. http://dx.doi.org/10.1017/s2071832200019970.
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This article analyzes the recent judgment of the European Court of Justice (ECJ) inGauweiler, answering the first preliminary reference ever by the German Constitutional Court (BVerfG), on the legality of the Outright Monetary Transaction (OMT) program of the European Central Bank (ECB). As the article explains, the ECJ rejected any possible claim of illegality of a key program devised by the ECB at the height of the Euro-crisis. However, because the BVerfG had defined the OMT program as ultra vires, and had threatened to strike it down if the ECJ did not reach the same result, the article defends the principle of the supremacy of European Union (EU) law, indicating that a possible nullification of the OMT program by the BVerfG would be clearly unlawful. To re-affirm the supremacy of EU law, the article argues that this principle is functional to ensure the equality of the member states before the law, preventing each country of the EU from cherry-picking which provisions of EU it likes or not. As the article suggests, respect of the principle of the supremacy of EU law – including by the BVerfG – is ultimately in the interest of every EU member state, including of Germany.
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Potestà, Michele. "Bilateral Investment Treaties and the European Union. Recent Developments in Arbitration and Before the ECJ." Law & Practice of International Courts and Tribunals 8, no. 2 (2009): 225–45. http://dx.doi.org/10.1163/157180309x451097.
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AbstractThe issue of the relationship between Bilateral Investment Treaties (BITs) and the EU legal order has recently attracted attention amongst scholars and practitioners in the field of international investment arbitration. Under a first perspective of the problem, the Arbitral Tribunal in Eastern Sugar B.V. v. The Czech Republic was confronted with the question of whether there was any room left for BITs between EU Member States. The Tribunal discussed the legal arguments advanced for and against the applicability of such "intra-EU BITs" between Member States. The issue, which is particularly relevant considering that there are currently more than 190 BITs concluded between EU Member States, will be analysed in the first part of this article. Under a second point of view of the problem, the European Court of Justice (ECJ) handed down two judgments on 3 March 2009 addressing incompatibilities with EC Law resulting from certain BITs entered into by Sweden and Austria with third countries. The second part of this article will deal with the consequences arising out of the Court's rulings with regard to existing and future BITs entered into by Member States with third countries.
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de Sousa, Constança Urbano. "The Protection of Displaced Persons from Ukraine in Portugal." European Journal of Migration and Law 24, no. 3 (September 12, 2022): 313–29. http://dx.doi.org/10.1163/15718166-12340131.
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Abstract The war in Ukraine has caused a massive influx of people seeking protection in the European Union and has led to the activation, for the first time, of the Temporary Protection Directive. Although this influx mainly affects neighbouring countries, such as Poland and Romania, Portugal triggered, as early as 1 March 2022, the national temporary protection regime, thus granting immediate protection to people who were arriving because of the war. This article analyses this temporary protection regime, as well as the measures adopted to allow the rapid integration of those displaced persons, such as simplifying the recognition of professional qualifications, essential for their access to the labour market. Being special measures that only benefit citizens affected by the war in Ukraine, their compatibility with the constitutional principle of equality is questioned, as other foreigners equally affected by war and violation of human rights are excluded.
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Parra Gómez, David. "Crisis of the Rule of Law in Europe: The Cases of Hungary, Poland and Spain." ATHENS JOURNAL OF LAW 7, no. 3 (July 1, 2021): 379–98. http://dx.doi.org/10.30958/ajl.7-3-6.
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Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.
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Kyrychenko, Yuriy, and Viktor Kyrychenko. "Constitutional regulation of the principle of equality of rights and freedoms of man and citizen in Ukraine and the countries of continental Europe: comparative legal analysis." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2021): 7–15. http://dx.doi.org/10.31733/2078-3566-2021-3-7-15.
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The article considers the principle of equality, which is discussed in Part 4 of Art. 13; st.st.21, 24; Part 2 of Art.38; Part 2 of Art.43; Part 1 of Art.51; Part 1 of Art.52; Part 1 of Art.71; Part 2 of Art. 129 of the Constitution of Ukraine and is mentioned in most constitutions of European states, and it is proved that it is not only a principle of constitutional law, but also one of the fundamental principles on which human rights and freedoms are exercised and their place in society and state is determined. It is noted that the terms «equality» and «equality», although used interchangeably to denote the full range of rights and freedoms, are not identical. Equality is a broader concept than equality and includes the latter. It is proved that in Art. 24 of the Constitution of Ukraine identifies three main aspects of this principle: 1) equality of citizens in rights; 2) equality of citizens before the law; 3) equality of rights of women and men, and it is emphasized that the state provides only legal, formal equality between people. That is, there is no and cannot be actual equality between people, because everyone differs in their individual abilities. Therefore, the analyzed principle legally justifies the actual inequality between people. It is substantiated that the provision, which is enshrined in Part 1 of Art. 24 of the Constitution of Ukraine guarantees only the equality of citizens before the law and their equal rights and freedoms. At the same time, there are examples that this principle applies to every person who is enshrined in the constitutions of continental Europe by the term «all», «all people» or a term meaning nationality (Belgians, Greeks, Spaniards, Luxembourgers, Monegasques). In this regard, it is proposed to replace the term «citizens» in the analyzed part with the term «all people», as well as to remove the word «constitutional» from the terminological phrase «constitutional rights and freedoms». It is emphasized that there can be no privileges or restrictions on the grounds listed in Part 2 of Art. 24 of the Constitution of Ukraine (eleven in total). The same and other similar features are enshrined in the constitutional market in 25 of the 42 European states belonging to the Romano-Germanic system of law. It is concluded that it is necessary to strengthen the wording of this part through the establishment of guarantees by the state. In Part 3 of Art. 24 of the Constitution of Ukraine reflected the provision, which separately emphasizes the equality of women's and men's rights through the consolidation of requirements, conditions and benefits, ie proposed a wording that does not have the vast majority of continental Europe. And therefore it is offered to state this part in other way. The expediency from the point of view of logic and legal technique, and also taking into account the constitutional practice of foreign countries and researches of domestic scientists of statement of Art. 24 of the Constitution of Ukraine in a new edition, which will give it the opportunity to have a more perfect look.
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Stoian, Andreea, Laura Obreja Brașoveanu, Iulian Brașoveanu, and Bogdan Dumitrescu. "A Framework to Assess Fiscal Vulnerability: Empirical Evidence for European Union Countries." Sustainability 10, no. 7 (July 16, 2018): 2482. http://dx.doi.org/10.3390/su10072482.
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Following the financial crisis of 2007 and the sovereign debt crisis in 2010 that affected the soundness and reduced the strength of public finance in European countries, there has been a growing interest in developing methodologies to the help assess and signal the vulnerability of fiscal policy. Therefore, the aim of this study is to develop a new framework (V-L-D) to assess fiscal vulnerability. V-L-D represents a new methodology on the measurement of fiscal vulnerability that relies on the assumption that vulnerability can occur even during calm times. In comparison with previous methodologies that studied fiscal vulnerability around crisis and fiscal distress times, our framework investigates fiscal vulnerability near fiscal adjustments episodes. Our methodology relies on two distinct indicators: one showing the vulnerabilities indicated by the level of the cyclically adjusted budget balance and distance-to-stability, and one showing the vulnerabilities pointed out through the changes of the cyclically adjusted budget balance and public debt. V-L-D is able to classify fiscal vulnerability into five distinct categories having scores from 0 (no fiscal vulnerability) to 4 (extreme fiscal vulnerability). Using annual data ranging over 1990–2013 for 28 European Union countries, we evidenced 310 episodes of fiscal vulnerability, out of which 128 episodes of low vulnerability, 94 of moderate, 62 of strong, and 26 of extreme fiscal vulnerability. We also found that over 2004–2013, Greece, Portugal, Romania, United Kingdom, Ireland, Spain, and Slovenia were the most fiscally vulnerable countries in the Union. United Kingdom and Greece went through the longest episodes of fiscal vulnerability, counting 12 and 11 consecutive years, respectively. We tested our framework’s effectiveness against the Excessive Deficit Procedure. We found that the overall performance is good: V-L-D assessed moderate fiscal vulnerability during the procedure, strong fiscal vulnerability in the first year when procedure was initiated, and extreme vulnerability one year before the initiation.
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Berbel, J., D. Viaggi, and B. Manos. "Estimating demand for irrigation water in European Mediterranean countries through MCDM models." Water Policy 11, no. 3 (June 1, 2009): 348–61. http://dx.doi.org/10.2166/wp.2009.043.
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This paper reports results from the European project WADI which evaluates the sustainability of the European irrigation sector under different policy scenarios. Results presented are based on the generation of farm level water demand curves through multicriteria mathematical programming models. The results are compared across regions and matched against a review of water pricing policies that were in place in various European Union member states and accession countries prior to the entering into force of the Water Framework Directive (WFD). The results emphasise the variability of behaviour of irrigated systems and the need for a more clear understanding of policy objectives before implementing any policy instrument. Once the objectives are clarified, economic models can contribute to understanding the appropriateness of different management strategies and to the effectiveness of different policy instruments.
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Martynov, Andrii. "Bifurcation in the Process of European Integration under the Influence of a Pandemic." European Historical Studies, no. 16 (2020): 19–30. http://dx.doi.org/10.17721/2524-048x.2020.16.2.
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The coronavirus pandemic has become the most serious challenge since the European Union’s existence. The challenge is complex. The first blow was struck on four freedoms: movement of capital, goods, labor and services. Discontinuing production under the influence of a pandemic will mean both insufficient supply and too low demand. Quarantine measures have split the Common Market into “national containers”. The monetary union is also facing a serious crisis before the pandemic. The next blow to European solidarity was the crisis with illegal migrants. The humanitarian crisis has benefited populists to intensify xenophobic sentiment and terrorist movements to send their killers to the EU. The pretext of left and right populism is wandering Europe. Security threats are real. The UK’s exit from the EU has created a deficit in the EU budget. Germany and France should increase their contributions proportionally. The Visegrad bloc countries oppose their greater financial responsibility. Austria does not agree with the single Eurozone budget. Polls in the spring of 2016 showed an increase in the position of European skeptics in France, Italy, Austria, the Netherlands, Germany, the Greek part of Cyprus, the Czech Republic and Hungary. Contemporary political discourse offers European optimistic and European pessimistic scenarios. The European Republic is decentralized (European regions), post-national, parliamentary-democratic and social. This concerns a possible shift from the United States of Europe project to the European Republic. The concept of republic is a common ideological and political heritage of Europe. A New Europe Demands New Political Thinking without Populism and Nationalism. The European Republic should be at the center of the triangle: liberalism (liberty), socialism (equality) and nationalism (brotherhood). The pessimistic scenario focuses on the fragmentation of the European Union. The basis of such fragmentation can be the project of European integration of different speeds.
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Sawinska, Zuzanna, Stanisław Świtek, Romana Głowicka-Wołoszyn, and Przemysław Łukasz Kowalczewski. "Agricultural Practice in Poland Before and After Mandatory IPM Implementation by the European Union." Sustainability 12, no. 3 (February 4, 2020): 1107. http://dx.doi.org/10.3390/su12031107.
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Integrated pest management (IPM), a worldwide agricultural strategy, contains methods to control or manage agricultural pests and diseases in a more efficient way, and consequently, to obtain better quality raw materials for food production. The engagement and practice of farmers play a key role in the success of this strategy. Since January 1, 2014, Poland and other European Union countries have been obligated to apply the principles of IPM. This paper shows the results of surveys conducted in 280 randomly selected farms the year before and the year following mandatory IPM implementation. The aim of this study was to gather information about farmers’ knowledge of IPM and the most commonly used plant protection methods. Our results show that law regulations do not significantly change agricultural practice. Among the non-chemical methods farmers most often comply with are: implementing the agrochemical calendar, sowing healthy material, destroying volunteer plants, rotating crop, applying balanced fertilizer, plowing stubble and preventing excess nitrogen. Integrated plant protection is not possible without proper knowledge of diseases. This factor needs improvement in Poland. The average Polish farmer lacks the knowledge about basic cereal diseases such as powdery mildew or brown rust, though larger farm operators tend to be more knowledgeable. The results of this survey demonstrate the necessity to provide informative farmer training campaigns to promote on-farm application of IPM and to improve the knowledge of disease issues.
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Sadomovskaya, M. E. "Legal Aspects of Combating Terrorism Financing and Money Laundering using Informal Money Transfer Systems in the European Union." Actual Problems of Russian Law 15, no. 7 (August 7, 2020): 169–79. http://dx.doi.org/10.17803/1994-1471.2020.116.7.169-179.
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Currently, in the European Union, in addition to traditional money transfer systems (bank transfers, Western Union, etc.), informal (alternative) systems have spread. The most famous and widespread is hawala, which originated in South Asia many centuries ago, long before the banking system, and is still the most familiar and convenient mechanism for transferring funds in several regions of North Africa and the Middle East. Hawala operates outside the regulated banking and financial sector primarily through a complex settlement system: there is no actual transfer of funds within this system. In most countries, hawala is not regulated by law and is not subject to government supervision. All these factors contribute to the increased risk of money laundering and terrorist financing (ML/TF risk). The paper examines the key characteristics of hawala, its types, circumstances that caused its spread, the features of the system’s functioning, and overviews the main measures of the European Union aimed at reducing the risk of ML / TF, which are a characteristic of hawala.
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Matveevskaya, Anna S., Sergei N. Pogodin, and Juntao Wang. "Problem of human rights violations during the migrant crisis in Europe." Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 37, no. 3 (2021): 508–15. http://dx.doi.org/10.21638/spbu17.2021.311.
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The aim of this study was to identify how Europe’s migrant crisis affected human rights in the European Union. It focuses on the observance of fundamental human rights in the context of migration. Violations directly related to migrants and refugees are considered. Human rights law is the most universal and general branch of law on which all other laws rely. The issue of observance of these rights becomes even more critical in regard to forced migration. While these rights are guaranteed to ‘all members of the human family’, there are conditions under which universally recognized human rights should be protected and justified with particular care. Obviously, inalienable human rights may easily be compromised when it comes to prisoners or refugees. Ensuring human rights in the European Union is based on a variety of international treaties, EU regulations and internal legislation of the member countries which have adopted high standards in the field of human rights protection. With regard to the right to asylum as an essential component of the human rights law, it can be stated that an unprecedented level of integration has enabled the EU to establish a pan-European asylum system based on the standards enshrined in the 1951 Geneva Convention and the 1967 Additional Protocol, as well as to gain considerable experience in dealing with migrants and refugees and ensuring their inalienable rights. In general, legislation in this area is constantly being improved and it reflects modern challenges and threats. The member countries of the European Union are on the way to developing a unified approach to migration policy and international protection issues. However, the asylum system is imperfect and has numerous gaps, which have been repeatedly mentioned by experts and members of the academic community even before the migrant crisis began.
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Cordos, Alexandru. "THE IMPORTANCE OF APPLYING THE GENDER EQUALITY PRINCIPLE AT INSTITUTIONAL LEVEL." Agora International Journal of Juridical Sciences 9, no. 1 (April 1, 2015): 23–30. http://dx.doi.org/10.15837/aijjs.v9i1.1865.
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Gender equality, as a fundamental principle of the European Union, is included in a series of legislative and non-legislative documents recommending a balanced participation of both genders in the drafting and adoption of major decisions in the political and social fields, as a vital component in the development of a real democracy and a decisive factor of economic growth.In terms of the degree of labour employment, gender equality is reflected in the need to promote equally women and men in the labour market, particularly in leading positions.According to the European Commission’s report, women in European countries are still underrepresented in leadership positions, although there has been some general progress. Compared to the situation recorded ten years ago, at EU level, there was an increase by 16% of women involved in politics and appointed to ministerial posts.The drafting of the first National Strategy on Equal Opportunities for Women and Men adopted by Government Decision no. 319/2006 approving the National Strategy on Equal Opportunities for Women and Men for the period 2006-2009 and of the General Action Plan for Implementing the National Strategy on Equal Opportunities for Women and Men for the period 2006-2009.This shows that women in Romania still experience gender discrimination, and this is true for areas of economy where women are the majority, as well as for those where men are the majority. The result is the emergence of occupational gender segregation, feminized occupational fields are generally lower paid. Although progress has been made both in the field of education and that of labour employment, women still have many obstacles to pass before achieving real equality.The efforts to be made in order to strengthen gender equality must address not only the improvement of legislation in the field of opportunity and gender equality, but also a change in attitudes and behaviours, in social structures, so as to allow women to develop their personality according to their own will and be actively involved in all areas of life.
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Brink, Gustav. "Appropriate Price Comparisons in Anti-dumping Investigations: Apples-to-Apples or Starking-to-Starking?" Global Trade and Customs Journal 8, Issue 5 (May 1, 2013): 122–30. http://dx.doi.org/10.54648/gtcj2013016.
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This article considers the facts before the World trade Organization (WTO) panel in China - Definitive anti-dumping duties on x-ray security inspection equipment from the European Union (China - X-rays) and how its findings require a more detailed domestic industry price analysis than currently employed in some countries. It proposes a methodology for the determination of both the price undercutting and the margin of injury and briefly explores how, if the price undercutting exercise has to be done in such considerable detail, the lesser duty rule can be applied with little additional burden.
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Naurin, Daniel, Elin Naurin, and Amy Alexander. "Gender Stereotyping and Chivalry in International Negotiations: A Survey Experiment in the Council of the European Union." International Organization 73, no. 2 (2019): 469–88. http://dx.doi.org/10.1017/s0020818319000043.
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AbstractGender stereotypes—stylized expectations of individuals’ traits and capabilities based on their gender—may affect the behavior of diplomats and the processes of international negotiations. In a survey experiment in the Council of the European Union, we find that female representatives behaving stereotypically weak and vulnerable may trigger a chivalry reaction among male representatives, increasing the likelihood that the men will agree to support a bargaining proposal from the women. The effect is conditional on the negotiators’ cultural background—the chivalry reaction is displayed mainly by diplomats from countries with relatively low levels of gender equality. Our study contributes to the research on nonstandard behavior in international relations, and in particular the expression and reception of emotions in diplomacy. We argue that gender stereotypes may have a moderating impact on decision making based on such intuitive cognitive processes. We also add to the broader negotiation literature, both by showing the pervasiveness of gender stereotyping, and by testing at the elite level the generalizability of claims regarding gender effects derived from laboratory experiments. Overall, our findings demonstrate the importance of bringing gender into the study of international negotiations, where it has been largely and surprisingly ignored.
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Al-Shammari, Karrar Imad Abdulsahib. "A Review of the Halal Poultry Slaughtering from Welfare and Legal Perspectives: Analysis of Research Results." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 11–27. http://dx.doi.org/10.17951/sil.2021.30.3.11-27.
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The subject of halal slaughtering is one of the most widely discussed issues of animal cruelty and animal welfare in the public sphere. The discrepancy in understanding the contemporary and religious laws pertaining to animal slaughtering does not fully publicize to Islamic and Muslim majority countries especially with respect to interpreting the use of stunning in animals. The electrical stunning is the cheapest, easiest, safest, and most suitable method for slaughtering that is widespread and developed. However, stunning on head of poultry before being slaughtered is a controversial aspect among the Islamic sects due to regulations of the European Union and some other countries. The current review highlights the instructions of halal slaughtering, legal legislation, and the effect of this global practice on poultry welfare and the quality of produced meat.
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Burinskienė, Aurelija, and Milena Seržantė. "Digitalisation as the Indicator of the Evidence of Sustainability in the European Union." Sustainability 14, no. 14 (July 8, 2022): 8371. http://dx.doi.org/10.3390/su14148371.
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Digitalisation provides access to an integrated network of information that can benefit society and businesses. However, the evidence of sustainability in business is less researched. In our paper, by building up the research approach, we address the relevant gap by investigating how sustainable development goals represent the interrelationship between digitalisation and sustainability. Such research is particularly important because understandings of digitalisation and sustainability determine how different actors, including business managers and policymakers, act in response to those imperatives to develop future employees skills starting from school age. Following a multi-method approach, we have combined our analysis into two steps examining the relationship between digitalisation and sustainability. Building digital networks, business managers and policy makers using digital means can create some unique opportunities to strategically address sustainable development challenges for the United Nations Targets (SDG) to ensure higher productivity, education, and an equality-oriented society. This point of view describes the potential of digitalisation for society and businesses of the future. The authors revise the links between digitalisation and sustainability in the European Union countries by using data available in Eurostat and UNECE public databases. The two-stage methodology for the identification of the relationship between ICT and sustainability is used in the paper and a linear regression model is applied. The results showed tiers with five SDGs, focusing on business, and all these tiers are fixed in the constructed equations for each SDG. The recommended solution is statistically valid and proves the novelty of this research. Among digitalisation indicators, only mobile-cellular subscriptions and fixed-broadband sub-basket prices in part do not affect researched sustainable development indicators.