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1
Le Cacheux, Jacques. "The European Union Treaty: Mechanical Incident or Derailment on the Fast Track?" Tocqueville Review 14, no. 1 (January 1993): 167–82. http://dx.doi.org/10.3138/ttr.14.1.167.
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On February 7, 1992, the twelve leaders of the European Community (EC) countries met and solemnly signed the European Union Treaty --the so-called Maastricht Treaty. Earlier agreements amongst European states reinforcing their economic integration --such as the creation of the European Monetary System (EMS) in 1979 and the Single European Act, which, in 1986, provided for the dismantling of intra-EC borders and the completion of the European common market on January 1st, 1993. However the Maastricht Treaty was deemed to contain such radical amendments of the Community's founding treaties that it had to be submitted to ratification by the various national legislatures or constituencies.
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Maes, Ivo. "Economic thought at the European Commission and the creation of EMU (1957-1991)." HISTORY OF ECONOMIC THOUGHT AND POLICY, no. 2 (March 2011): 63–80. http://dx.doi.org/10.3280/spe2010-002004.
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To understand macroeconomic and monetary thought at the European Commission, two elements are crucial: firstly, the Rome Treaty, as it determined the mandate of the Commission and, secondly, the economic ideas in the different countries of the European Community, as economic thought at the Commission was to a large extent a synthesis and compromise of the main schools of thought in the Community. Initially, economic thought at the Commission was mainly a fusion of French and German ideas, with a certain predominance of French ideas. Later, Anglo-Saxon ideas would gain ground. At the beginning of the 1980s, the Commission's analytical framework became basically medium-term oriented, with an important role for supply-side and structural elements and a more cautious approach towards discretionary stabilisation policies. This facilitated the process of European integration, in the monetary area too, as consensus on stabilityoriented policies was a crucial condition for EMU. Over the years, the Commission has taken its role as guardian of the Treaties and initiator of Community policies very seriously, not least in the monetary area. It has always advocated a strengthening of economic policy coordination and monetary cooperation. In this paper, we first focus on the different schools which have been shaping economic thought at the Commission. This is followed by an analysis of the Rome Treaty, especially the monetary dimension. Thereafter, we go into the EMU process and the initiatives of the Commission to further European monetary integration. We will consider three broad periods: the early decades, the 1970s, and the Maastricht process.
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Zavalna, Zhanna, and Mykola Starynskyi. "CONTRACTUAL DELEGATION OF SOVEREIGNTY IN SUPRANATIONAL ENTITIES." Global Prosperity 2, no. 1 (July 25, 2021): 29–36. http://dx.doi.org/10.46489/gpj.2021-1-2-5.
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The article analyses the agreement basis for state sovereignty as established and implemented in the European Union. The research aims to study the agreement-based regulation used by the EU Member States to create a stable position of Ukraine on its way to becoming a member of the European Union. The research allowed finding out that the member states do not transfer their powers in their economic and social fields but only delegate them. The analysis of the treaties concerning the establishment and functioning of the European Union proves the existence of specific organisational and legal intervention measures that the countries agree to when joining the treaty union. The agreement-based rearrangement of powers between the EU and its member states lets the latter obtain their special legal personalities regarding the conclusion of agreements among themselves and at the same time preserve complete economic sovereignty in their relations with the countries that are not member states of the EU. When joining the European Union, its member states voluntarily and on a negotiable basis agree to certain restrictions and prohibitions binding in their economy. Furthermore, the EC Treaty provides for the improved protection of interests for the economic community as compared with the protection of national interests of the member states though it is not excluded that the latter can be taken into consideration when adopting the national laws of a member state to the EU legislation.
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Давлетгильдеев, Рустам, Rustam Davletgildeev, Ольга Сычева, and Olga Sycheva. "International and Legal Cooperation Development on Labour Migration Issues: from EurAsEC to Eurasian Economic Union." Journal of Russian Law 3, no. 6 (June 5, 2015): 0. http://dx.doi.org/10.12737/11444.
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This article is devoted to the analysis of international and legal cooperation in the area of labor migration in the Eurasian Economic Community and the Eurasian Economic Union. The authors study background for the creation and history of the Common Economic Space and the Customs Union, one of the main purposes of which is the creation and operation of a common labour market. The authors perform the analysis taking into account similarities and differences of legal regulation of the issue under consideration in the European Union, and make comparison. The authors point out to the continuity problems of labour migration legal regulation within the framework of the Eurasian Economic Union, including harmonization of legislation on labour migration of the Union’s member countries. The authors study the institutional system of the Eurasian Economic Community (Eurasian Economic Union) and powers of institutions in the field of labour migration, indicate the presence of special migration authorities in the EurAsEC and in the Eurasian Economic Union. Provisions of the Treaty on the Eurasian Economic Union devoted to labour migration are analyzed. The authors note the probability that the law harmonization function will be implemented in the Eurasian Economic Union not through model laws but through international treaties and decisions of the Union’s institutions. The authors assume that the Eurasian Economic Union will work out the desired integration model, based not only on political and economic interests, but which will take into account civilizational peculiarities of the Eurasian region.
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Herbert, Eti Best, and Fasilat Abimbola Olalere. "What Is Economic Globalization Without Trans-boundary Migration?" Global Trade and Customs Journal 15, Issue 10 (September 1, 2020): 493–503. http://dx.doi.org/10.54648/gtcj2020088.
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The world is often regarded as a global village or borderless globe where various countries freely interconnect and interrelate towards achieving a global goal. Globalization has occasioned international cooperation amongst States through the formation of several treaties and international organizations with economic objectives. This article evaluates the law and attitude of States and International organizations towards economically motivated trans-boundary migration. Particular reference is made to World Trade Organization(WTO), European Union(EU), African Union (AU), Economic Community of West African States (ECOWAS) and North American Free Trade Association(NAFTA). Findings reveal that the legal and institutional frameworks in support of trans-boundary economic migration are very weak, thereby allowing States’ interest to prevail over the globalization objectives. State practices are geared towards placement of several obstacles, such as imposing criminal sanctions, which limits trans-boundary economic migration. This prejudice is more obvious when the trade in service is a South-North movement of labour. These challenges have led to the irresistible conclusion that economic globalization is but a political fiction yet to take root in reality. It is further contended that, the puzzle of economic globalization cannot be completely fixed, except States fully embrace, accepte and liberalize the missing piece of trans-boundary migration. Globalization, Trans-boundary migration, Economic migration, South-North movement, Trade liberalization.
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Moçka, Ervis. "The Importance and Application of the Principle of Equal Treatment of Third Country Nationals in the EU." European Journal of Social Sciences Education and Research 1, no. 1 (May 1, 2014): 174. http://dx.doi.org/10.26417/ejser.v1i1.p174-178.
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The communitarization of immigration and asylum disciplines and the beginning of a common European Union policy in such areas will begin to create more favorable conditions for the integration of third country nationals who are legally resident, in the territory of the EU. The Tampere European Council of 1999 stressed the need to provide to nationals of third countries rights and obligations similar to those of EU nationals, in order to eliminate social, economic and cultural discrimination. This could be possible through the approximation of the legal status of third country nationals to that of EU nationals. To achieve this goal, there are adopted secondary norms of Community legislation on equal treatment for certain categories of citizens of third countries as refugees, the long-term residents, etc. Regulation EC No 859/2003 extended the effects of the provisions relating to the coordination of national social security regimes and to third country nationals. This European common policy took a new development with the Lisbon Treaty. One of the objectives of the common policy on immigration is the one which provides an equo treatment to third-country national who are legally resident in one of the Member States. This attitude finds concretization even to several articles of the European Charter of Fundamental Rights, which after the Lisbon Treaty has binding legal effects as it has the same legal value of the treaties. The Directive 2011/98/EU aims to establish a single procedure for third country nationals to obtain a combined permit for both residence and work, establishing a series of rights for third-country nationals who are legally resident in a Member State. This directive, in certain sectors, provides an equal treatment of third country nationals with those national. But the text of the directive provides also the cases when EU Member States may derogate from the application of the principle of equal treatment. This paper aims to analyze legal instruments adopted by the EU which recognize the principle of equal treatment of nationals of third countries with nationals, as well as the ways provided to implement this important principle.
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Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.
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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.
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Heuvelings, Charlotte C., Patrick F. Greve, Sophia G. de Vries, Benjamin Jelle Visser, Sabine Bélard, Saskia Janssen, Anne L. Cremers, et al. "Effectiveness of service models and organisational structures supporting tuberculosis identification and management in hard-to-reach populations in countries of low and medium tuberculosis incidence: a systematic review." BMJ Open 8, no. 9 (September 2018): e019642. http://dx.doi.org/10.1136/bmjopen-2017-019642.
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ObjectiveTo determine which service models and organisational structures are effective and cost-effective for delivering tuberculosis (TB) services to hard-to-reach populations.DesignEmbase and MEDLINE (1990–2017) were searched in order to update and extend the 2011 systematic review commissioned by National Institute for Health and Care Excellence (NICE), discussing interventions targeting service models and organisational structures for the identification and management of TB in hard-to-reach populations. The NICE and Cochrane Collaboration standards were followed.SettingEuropean Union, European Economic Area, European Union candidate countries and Organisation for Economic Co-operation and Development countries.ParticipantsHard-to-reach populations, including migrants, homeless people, drug users, prisoners, sex workers, people living with HIV and children within vulnerable and hard-to-reach populations.Primary and secondary outcome measuresEffectiveness and cost-effectiveness of the interventions.ResultsFrom the 19 720 citations found, five new studies were identified, in addition to the six discussed in the NICE review. Community health workers from the same migrant community, street teams and peers improved TB screening uptake by providing health education, promoting TB screening and organising contact tracing. Mobile TB clinics, specialised TB clinics and improved cooperation between healthcare services can be effective at identifying and treating active TB cases and are likely to be cost-effective. No difference in treatment outcome was detected when directly observed therapy was delivered at a health clinic or at a convenient location in the community.ConclusionsAlthough evidence is limited due to the lack of high-quality studies, interventions using peers and community health workers, mobile TB services, specialised TB clinics and improved cooperation between health services can be effective to control TB in hard-to-reach populations. Future studies should evaluate the (cost-)effectiveness of interventions on TB identification and management in hard-to-reach populations and countries should be urged to publish the outcomes of their TB control systems.PROSPERO registration numberCRD42015017865.
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Hretsa, S. M. "Types of constitutional responsibilities of man and citizen in Ukraine and in the European Union." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 46–49. http://dx.doi.org/10.24144/2307-3322.2021.66.8.
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The article is devoted to the study of the range of responsibilities of man and citizen in Ukraine and the European Union, the formation of an approach to their classification. The following range of human responsibilities in the EU have been identified: equality between women and men in terms of pay; non-discrimination; respect for human dignity; receiving compulsory education; completion of compulsory school education. The following range of responsibilities of an EU citizen has been identified: to perform military service in relation to one of the EU member states; to be registered as conscripts in one of the EU member states. Such a range of human responsibilities has been established in Ukraine (strict observance of the Constitution of Ukraine and laws of Ukraine; non-encroachment on the rights and freedoms, honor and dignity of others; responsibilities in marriage and family; parents are obliged to maintain children until they reach adulthood adult children are obliged to take care of their disabled parents; to obtain a complete general secondary education; not to harm nature, cultural heritage; to compensate for damages; to pay taxes and fees in the manner and amount prescribed by law) and the duties of a citizen of Ukraine (protection of the Fatherland, independence and territorial integrity of Ukraine; respect for the state symbols of Ukraine). According to these criteria, the responsibilities of man and citizen are classified into the following groups: criterion "subject": 1) human responsibilities; 2) responsibilities of a citizen; by the criterion of "form of implementation": 1) individual; 2) collective; by the criterion of "content": 1) economic; 2) social; 3) cultural; 4) political; 5) others; according to the criterion of "source" of consolidation: 1) enshrined in the founding treaties of the EU; 2) enshrined in international (additional) EU agreements with international organizations and other countries; 3) enshrined in regulations, directives, recommendations; conclusions; 4) contained in the decision of the Court of Justice, the conclusions of the Court of Justice; 5) contained in the national legislation of the EU member states, third countries; 6) according to the criterion of the circle of subjects in relation to which they are assigned: 1) in relation to other people; 2) in relation to the world community; 3) in relation to future generations.
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Medović, Vladimir. "Stabilization and association treaties in the law of the European Union." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 3–10. http://dx.doi.org/10.5937/gakv0402003m.
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The European Communities did not cease to exist after the foundation of the European Union by the Treaty of Mastricht in 1992. In fact, they act as pillars on which the European Union stands, together with the Police and Judicial Cooperation in Criminal Matters and Common Foreign and Security Policy. The European Union does not have the status of a legal entity or a capacity to enter into treaties with third countries or international organization. In both foreign and domestic proceedings it relies upon the institutions and instruments of the European Communities. The European Communities are autonomous in relation to the European Union and act in accordance with the rules contained in the foundation Treaties, which, however, make a constituent part of the Treaty on European Union. The foundation Treaties of the European Communities provide for a possibility for the Communities to enter into international treaties with third countries or international organizations. Stabilization and Association Treaties belong to the category of Association Treaties defined in Article 310 of the Treaty on European Union. Considering that these treaties regulate certain fields which belong to competence of the member states, the member states are usually parties to these treaties along with the European Communities. International treaties entered into between the European Communities and third countries are binding upon the Community institutions and upon member states. International treaties entered in this way are considered a part of Community law. Member states are bound to recognize such effects to these treaties as are provided in the Community law itself.
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Hofmann, Mahulena, and Martin Faix. "Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 3 (June 26, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2767.
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Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The main reason for this was the dualist approach in regard to international law. Fundamental political and economic changes, such as the Velvet Revolution in Czechoslovakia, marked the end of the cold war and the beginning of a transition process. The changes in national legal orders have been accompanied by substantial modifications in the area of constitutional law, mostly resulting in the adoption of entirely new or radically modified constitutions. This is true also for the Czech Republic, Slovakia, Poland and the Russian Federation. One of the most remarkable common characteristics of the new constitutions of the CEE countries is the shift from a dualistic approach to a broad openness to international law. Despite this common feature the manifestation of this openness cannot be regarded as uniform – the methods used by states to deal with international law and to ensure the conformity of the domestic legal order with their international obligations vary. The common denominator of the constitutional orders under review is the fact that the rules of international law are considered to be a part of their national legal orders. General provisions concerning the relationship between national law and international law can be found in the Czech, Russian and Polish constitutions, but not in the Slovak constitution. The common feature of all four constitutional texts is that they take a clear position on the status of treaties, stipulating conditions (approval by parliament, promulgation, etc) under which a treaty or certain categories of treaties (eg as listed by Article 49 of the Czech Constitution) will be considered to be part of the national legal order, as well as the hierarchical status of treaties in the case of a conflict with national law. In all four countries under consideration, the rank of treaties lies between the level of the Constitution and that of ordinary parliamentary statutes. The situation is considerably different in regard to the role of customary international law: only the Russian Constitution includes not only treaties but also customary international law in the legal order. Nevertheless, Slovak, Czech and Polish constitutional provisions stipulate the commitment of the states to fulfil their obligations under international law, including customary international law. Even though legally binding, these provisions are not identical with general provisions incorporating certain categories of international law as stated above. The openness to international law is demonstrated also by the inclusion of provisions pursuant to which states can transfer certain powers to international organizations. (Such provisions were included in the constitutions of e.g. Slovakia, Poland and the Czech Republic in the context of their integration into the EU for the purpose of ensuring the direct application of Community law.) Thus, if considering the formal openness to international law, a high degree of willingness to open the domestic legal orders to international law can be discerned in the constitutional systems of the states under review. However, the extent of constitutional provisions on the relation of a particular state to international law does not necessarily strengthen its application in practice, as can be observed in the legal order of the Russian Federation. When determining the factual status of international law and its incorporation in the domestic legal orders of the CEE countries, the judicial practice of national courts is of great importance, in particular the judicial practice of constitutional courts. The question of the role of international law in the decisions of constitutional courts appears to be even more interesting because of the fact that implementation of constitutional jurisdiction belongs to one of the most important innovations of CEE transition countries after the end of the cold war. Their broad competencies in respect to international law can be seen as an additional indicator of the openness of their legal orders towards supranational legal rules. International law plays an important role not only as a subject of judicial review but also as a criterion of constitutionality applied in national procedures before the constitutional courts. The extensive jurisprudence of national constitutional courts based on international law is to a large extent characteristic of the CEE Countries. Their constitutional courts often rely on international law, especially human rights, when reviewing the constitutionality of domestic acts. This underlines the fact that general constitutional provisions on international law do not remain only a ‘dead letter.’ However, when demonstrating their openness towards international law, constitutional courts sometimes exceed the limits of their competences, as can be observed e.g. in the case of the Czech Constitutional Court. (Despite the fact that the changes introduced by the Constitution in 2001 caused it to lose the competence to use international law as a criterion for its decisions, the Court continued to base its decisions partly on international law.) Generally it can be argued that the acceptance of international law is remarkably high in the legal orders of the countries under review – in particular when taking into consideration the relatively short time which was needed not only to formally ensure the role of international law, but also to ensure its implementation in practice, most notably in the judicial practice of constitutional courts. This does not mean, however, that there are no difficulties which have to be solved in the future. The application of customary international law by national courts is an example of this. However, the opening of national legal systems of the formerly totalitarian states towards international law has undoubtedly had a positive influence on the process of their transformation towards the rule of law.
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Papastatis, Haralambos. "The modern legal status of the Mount Athos." Zbornik radova Vizantoloskog instituta, no. 41 (2004): 525–38. http://dx.doi.org/10.2298/zrvi0441525p.
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The peninsula of Athos in Chalkidiki became a center of organized monachal life in monasteries in the year 963, when with the initiative of the Byzantine emperor Nichephorus Phocas the Monastery of Great Laura was founded. Since that time Mount Athos (=MA) became the "Holy Mountain" and has attracted the moral and material support of the Byzantine emperors, various Orthodox countries and the flock till today. During this long period of more then one thousand years, MA was armed with a privileged legal status, the existence of which continues till now. The legal status of MA is based on three foundations: I. The law of the Hellenic Republic, II. The Public International Law, and III. The European Law. I. Fundamental significance for the status of MA have the provisions of article 105 of the Greek Constitution. Then is the Charter of MA, which is drawn up and voted by the Athonite monachal authorities and afterwards ratified by the Ecumenical Patriarchate of Constantinople and the Greek Parliament. The Charter is a law of superior formal force in comparison to the other laws. According to the Constitution and the Charter, MA has an ancient privileged status and is a self-governed part of the Greek State, whose sovereignty remains intact. Spiritually MA is under the direct jurisdiction of the Ecumenical Patriarchate, direct in the sense that the Ecumenical Patriarch is also the local bishop of MA The territory of the peninsula is exempt from expropriation and is divided among the twenty Athonite monasteries exclusively. The administrative power lies in self-administration of the first and the second degree. The first is exercised by the ruling twenty monasteries. This number may not be changed, nor may their position in the preeminence, nor towards their dependencies (skates, cells, hermitages). Nowadays all the monasteries are coenobitic, i.e. the monks share a common life and have no private property. The monasteries are administered by the abbot, the Elders' Assembly and the Brotherhood. Second degree administration is operated by: 1. the Holy Community. It is comprised by twenty monks members, each of whom represents one monastery, 2. the Holy Community's executive organ is the Hiera Epistassia, which comprises four monks drawn annually from four monasteries in rotation. The leader of the Hiera Epistassia is called the First (= Protos). The Hiera Epistassis also performs specific duties as police force, police court and municipality of Karyes, the capital town of MA The legislative power is in the hands of: 1. The Holy Community as far as concerns the Charter of MA, 2. the Extraordinary Biannual Twenty-Members Assembly, which draws up the regulative provisions, and 3. the Greek State, as far as concerns: a) the rights and the duties of the (civil) Governor of MA, b) the judicial power of the Athonite authorities, and c) the custom and taxation privileges granted by the State to MA The judicial power belongs to: 1. the monastic courts (the abbot with the Elders' Assembly), 2. the Holy Community, 3. the Hiera Epistassia, and 4. the Ecumenical Patriarchate. The observance of the regimes is in the spiritual field under the supreme supervision of the Patriarchate and in the administrative under the supervision of the State, which is also exclusively responsible for safeguarding public order and security. These responsibilities of the State are exercised through the (civil) Governor of MA, whose rights and duties are determined by common law. All persons leading a monastic life in MA acquire the Greek citizenship without further formalities, upon admission in a monastery as novices or monks. Also persons who are not Orthodox Christians or they are schismatic Orthodox are prohibited from dwelling in MA II. The first international treaty that recognized an international protection of the MA status was that of San Stefano (1878), but only for the Russian monks. The Treaty of Berlin (also 1878) recognized the same protection for all the monks who were not borne in the Ottoman empire. Its article n? 62,8 was as follows: "Les moines du Mont Athos, quel que soit leur pays d'origine, seront maintenus dans leurs possessions et avantages ant?rieurs et jouiront, sans aucune exception, d'une enti?re ?galit? de droits et prerogatives". This provision was repeated in the special treaties of S?vres (1920) and then in the protocol of the Treaty of Lausanne (1923). These treaties safeguarded the rights and the liberties of the non-Greek monastic communi ties in MA as follows: "La Gr?ce s'engage ? reconna?tre et maintenir les droits traditionnels et les libert?s, dont jouissent les communaut?s monastiques non grecques du Mont Athos d'apr?s les dispositions de l'article 62 du trait? de Berlin du 13 juillet 1878". The same provision has been repeated in the Legislative Decree of 29.9/30.10.1923 "On the Protection of Minorities in Greece", article 13. III. Because a lot of provisions of the MA law are opposite to the principles of the European Union (for example the clausura to women, the special license in order to visit the peninsula, the taxation and customs privileges etc.), Joint Declaration n? 4 concerns MA was included in the Final Act (1979) of the Agreement concerning the accession of the Hellenic Republic in the European Economic Community, now-a days European Union. According to this Declaration, recognizing that the special status granted to MA, as guaranteed by the Greek Constitution, is justified exclusively on grounds of a spiritual and religious nature, the Community will ensure that this status is taken into account in the application and subsequent preparation of pro visions of Community law, in particular in relation to customs franchise privileges, tax exemptions, and the right of establishment. .
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Winzen, Thomas, and Frank Schimmelfennig. "Explaining differentiation in European Union treaties." European Union Politics 17, no. 4 (July 8, 2016): 616–37. http://dx.doi.org/10.1177/1465116516640386.
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Since the early 1990s, European integration has become increasingly differentiated. Analysing the conditions under which member states make use of the opportunity to opt out of, or exclude other countries from, European integration, we argue that different explanations apply to treaty and accession negotiations, respectively. Threatening to block deeper integration, member states with strong national identities secure differentiations in treaty reform. In enlargement, in turn, old member states fear economic disadvantages and low administrative capacity and therefore impose differentiation on poor newcomers. Opt-outs from treaty revisions are limited to the area of core state powers, whereas they also occur in the market in the context of enlargement.
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Topchiy, Vasyl, Maksym Zabarniy, and Nataliya Lugina. "APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS." Baltic Journal of Economic Studies 6, no. 3 (August 5, 2020): 166–70. http://dx.doi.org/10.30525/2256-0742/2020-6-3-166-170.
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A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.
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Wegner, Gerhard. "Overcoming Economic Nationalism: The “Invisible Hand” Solution of the European Union." Journal of Contextual Economics – Schmollers Jahrbuch 139, no. 2-4 (April 1, 2019): 421–36. http://dx.doi.org/10.3790/schm.139.2-4.421.
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After the First World War, a previously well-functioning economic order collapsed in Europe and the Western countries. Economic nationalism of the interwar period also changed the international economic order dramatically and became one issue of the Colloque Walter Lippmann. After the “half- and three quarters Western democracies” (Tooze 2015) of the period prior to World War I had turned into full democracies, they proved incapable of restoring the liberal pre-war economic order domestically and in international trade. Bilateral and multilateral trade negotiations failed, giving rise to a new debate on the prerequisites of an international economic order. I argue that decades later the European Union found a solution to that issue. Of key importance was the gradual constitutionalization of the European Treaties. I show that the trade liberalization prepared by the courts resembles a concept suggested by Jan Tumlir but defies application to non-EU countries. By transforming fundamental economic freedoms laid down in the European Treaties into subjective rights through jurisprudence of the European Court of Justice, the process of trade liberalization occurred in a non-politicized mode. The incompleteness and tardiness of creating a Common Market was the inevitable price for this success story. A withdrawal from this constitutionalization of basic economic freedoms, as proposed recently, for example, cannot be recommended. Their arguments are being examined. The reduction of the European Treaties would lead to a re-politicization of trade policy bearing unforeseeable consequences for free competition.
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Rial-Sebbag, Emmanuelle, and Anna Pigeon. "Regulation of Biobanks in France." Journal of Law, Medicine & Ethics 43, no. 4 (2015): 754–65. http://dx.doi.org/10.1111/jlme.12317.
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France, a country with nearly 66 million inhabitants, contributed greatly to the construction of the European Union (EU) as one of the founder states. In 1957, the treaties establishing the European Economic Community (EEC) and the European Atomic Energy Community (Euratom) were signed by Belgium, France, Germany, Italy, Luxembourg, and the Netherlands in Rome. Today, they are referred to as the “Treaties of Rome.” The French contribution to the EU has strongly influenced the political views on the development of Europe, notably pushing for a large contribution of member states to the decision making processes and to the orientation of the EU policies.
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Henckaerts, Jean-Marie. "The Protection of Human Rights in the European Union: Overview and Bibliography." International Journal of Legal Information 22, no. 3 (1994): 228–51. http://dx.doi.org/10.1017/s0731126500024938.
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The treaties establishing the European Communities (“EC”) are virtually silent on the protection of human rights. Some earlier, more ambitious plans for European integration, the European Defense Community and the draft Statute of a European Political Community, dealt with the issue to some extent. However, these plans had failed and the EC founding fathers wanted to confine the treaty to the bare necessities of an economic community. They probably also thought that as the scope of Community law was essentially limited to economic and technical issues, human rights problems would not occur. Judicial practice would prove the contrary.
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Eklof, Tony. "The Coming together of the Nations of Europe: Sources of Information." International Journal of Legal Information 29, no. 2 (2001): 355–59. http://dx.doi.org/10.1017/s073112650000946x.
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The title of this paper comes from the famous ‘Schuman Declaration’ of 1950, which signaled the placing of Franco-German production of coal and steel under a single High Authority. It is quite astonishing that from this humble beginning, evolved the European Union of today. The phrase takes on new relevance as the Treaty of Nice paves the way for the biggest single enlargement of the European Union. The current Treaty, completes the Intergovernmental Conference which began in February, 2000. The founding treaties, signed in Paris and Rome in 1951 and 1957 respectively, and the amending treaties, most notably the Treaty on European Union, (Maastricht), and the Treaty of Amsterdam, form the Constitution of the European Union. It is important to note that while the earlier treaties concentrated on economic integration, the later treaties have shifted towards political questions. Bibliographic references to the various treaties have become quite complicated because the Treaty of Amsterdam brought about a renumbering of the articles to both the Treaty on European Union (EU) and the Treaty establishing the European Community (EC).
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Jogarajan, Sunita. "A Multilateral Tax Treaty for ASEAN ― Lessons from the Andean, Caribbean, Nordic and South Asian Nations." Asian Journal of Comparative Law 6 (2011): 1–23. http://dx.doi.org/10.1017/s2194607800000521.
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AbstractASEAN member countries recently reiterated and renewed their commitment to creating the ASEAN Economic Community. Tax has a role to play in facilitating the creation of the AEC and ASEAN member countries have committed to completing the intra-ASEAN network of bilateral tax treaties in pursuit of this goal. This paper suggests that instead of continuing with the monumental task of agreeing individual bilateral tax treaties, ASEAN member countries should learn from the experience of other regional blocs and conclude a multilateral tax treaty. The conclusion of a multilateral tax treaty would address the general problems associated with bilateral tax treaties, strengthen ASEAN's presence in international tax relations and symbolise ASEAN's commitment to the creation of the AEC.
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Vanistendael, Frans. "Ability to Pay in European Community Law." EC Tax Review 23, Issue 3 (June 1, 2014): 121–34. http://dx.doi.org/10.54648/ecta2014013.
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After the financial and economic crisis the principle of the ability to pay has regained importance as a principle shaping the structure of income tax. This article deals with the question whether that principle has any role to play in the application of EU tax rules. It analyses whether there is a legal basis to apply this principle in EU law and the way in which this principle is applied in cross-border situations. The conclusion is that although ability to pay is part of the general principles of EU law, there is no clear legal basis in the treaties for the principle to be applied. The absence of this legal basis combined with the one country approach of the ECJ in discrimination cases results in an occasional and inconsistent application of the ability to pay principle.
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Vacca, Alessia. "The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?" Eesti ja soome-ugri keeleteaduse ajakiri. Journal of Estonian and Finno-Ugric Linguistics 2, no. 1 (June 17, 2011): 347–66. http://dx.doi.org/10.12697/jeful.2011.2.1.23.
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This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language
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Grimm, Dieter. "A Long Time Coming." German Law Journal 21, no. 5 (July 2020): 944–49. http://dx.doi.org/10.1017/glj.2020.55.
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The commentary, especially from abroad, on the Federal Constitutional Court’s judgment concerning the bond-buying programme undertaken by the European Central Bank (ECB) conveys the impression that something unimaginable has occurred. The German court has refused to follow the ruling of the Court of Justice of the European Union (CJEU), thereby setting “a bomb under the EU legal order.”1 Yet there is nothing new about the risk of conflict between the two courts. It came about when the Court of Justice of the European Union implicitly presumed, in 1963,2 and explicitly declared, in 1964,3 that European law takes precedence over domestic law, even over domestic constitutional law. This view was by no means without alternative, given that the Treaties of Rome do not address the precedence of Community law. The Member States involved in the dispute denied having agreed to any such precedence in the Treaties. Even the CJEU’s Advocate General was unable to find any basis in the Treaties for the precedence of European law.4 The CJEU derived the precedence of European law from the purpose of the European Economic Community.5 It argued that there could be no common market if each Member State applied and interpreted European law however it saw fit.
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Taha, Jad A. "The External Implied Competence of the European Union and the Impact of Bilateral Treaties on the Taxation of Cross-Border Savings." Intertax 38, Issue 3 (March 1, 2010): 153–62. http://dx.doi.org/10.54648/taxi2010016.
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As part of a ‘tax package’ aimed at combating harmful tax competition, the European Community (now European Union) implemented a legislative instrument to allow for the effective taxation of cross-border interest payments, known today as the ‘Savings Directive’. However, what remained unregulated was the structure of tax levies on cross-border payments made from Member States into territories that are not part of the European Community. As a result, the European Community expressed its need to establish bilateral tax treaties with non-member state third countries and territories associated with the United Kingdom and the Netherlands. This move has produced conflicting schools of thought. On the one hand, the European Community has an interest in maintaining common policies with respect to taxes levied on cross-border payments made within its internal market. On the other hand, its regulation of taxes levied on cross-border payments to third parties has arguably set a precedent for an ‘external implied competence’ on issues that its Directives already regulate within the internal market. This article introduces this interplay scenario and studies the general impact of these treaties on the taxation of cross-border savings.
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Bhattacharya, Purusottam. "Foreign Policy Coordination in the European Community." India Quarterly: A Journal of International Affairs 46, no. 1 (January 1990): 1–16. http://dx.doi.org/10.1177/097492849004600101.
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One of the corner stones of the European Economic Community since its inception in 1958 has been the concept of political cooperation among the member states. Despite its economic character the founding fathers envisaged an essentially political community to be brought about by greater functional cooperation through Community organs such as the Commission, the Council of Ministers and the European Parliament.1 Greater harmony was also to be brought about in the conduct of Member States' foreign relations and the Community was increasingly to speak with one voice in international affairs.2 Although the necessity to impart a more formal character to the process of consultations on foreign policy issues was felt during the decade following the establishment of the Community the first concrete steps in this regard were initiated only in 1969 which resulted in the so-called ‘Davignon Report’ in 1970.3 Following its recommendation for a common European diplomatic effort European Political Cooperation (EPC) was set up in 1970. The process which was to consist of foreign policy coordination among the Member States of the European Community was to be conducted outside the framework of the treaties establishing the Community and thus not to be governed by the decision-making rules that applied to the meetings of the EEC Council of Ministers.4
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Weiler, Joseph H. H. "Alternatives to Withdrawal from an International Organization: The Case of The European Economic Community." Israel Law Review 20, no. 2-3 (1985): 282–98. http://dx.doi.org/10.1017/s0021223700017659.
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The practice of omitting withdrawal clauses from the constituent treaties of many international organizations was highlighted by Nathan Feinberg in his article on “Unilateral Withdrawal from an International Organization”, acknowledged as “…the most thorough study of the subject”. In a detailed study of both State Practice and La Doctrine, Feinberg drew the conclusion that there exists no presumption in favour of the right of unilateral withdrawal, and that withdrawal is therefore permitted only if it is expressly provided for or can be inferred by implication.
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Kondonassis, A. J. "The European Economic Community: Thirty Years Later." Journal of Applied Business Research (JABR) 6, no. 1 (October 25, 2011): 1. http://dx.doi.org/10.19030/jabr.v6i1.6312.
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The European Economic Community has been in operation for about 30 years. During this period an increased economic cooperation has been attained but the goal of a truly integrated Europe has remained elusive. The Single European Act, which was ratified in 1987, represents a recommitment to an integrated Europe by 1992. It is premised on a number of changes and reforms. Above all the effectiveness of the new effort will depend on the achievement of social cohesion and supranationalism among the EEC countries.
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Sacco, Pier Luigi, Alex Arenas, and Manlio De Domenico. "The Resilience of the Multirelational Structure of Geopolitical Treaties is Critically Linked to Past Colonial World Order and Offshore Fiscal Havens." Complexity 2023 (January 7, 2023): 1–9. http://dx.doi.org/10.1155/2023/5280604.
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The governance of the political and economic world order builds on a complex architecture of international treaties at various geographical scales. In a historical phase of high institutional turbulence, assessing the stability of such architecture with respect to the unilateral defection of single countries and the breakdown of single treaties is important. We carry out this analysis on the whole global architecture and find that the countries with the highest disruption potential are mostly medium-small and micro countries. Political stability is highly dependent on many former colonial overseas territories that are today part of the global network of fiscal havens, as well as on emerging economies, mostly from South-East Asia. Economic stability depends on medium-sized European and African countries. Single global treaties have surprisingly less disruptive potential, with the major exception of the WTO. Our results suggest that the potential fragility of the world order seems to be more directly related to global inequality and fiscal injustice than commonly believed and that the legacy of the colonial world order is still strong in the current international relations scenario. In particular, vested interests related to tax avoidance seem to have a structural role in the political architecture of global governance.
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Alfiyah, Nur Inna, and Very Andrianingsih. "DAMPAK KRISIS EKONOMI YUNANI TERHADAP EUROPEAN ECONOMIC COMMUNITY (EEC)." PERFORMANCE: Jurnal Bisnis & Akuntansi 11, no. 1 (March 31, 2021): 55–62. http://dx.doi.org/10.24929/feb.v11i1.1318.
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Globalization is a phenomenon that cannot be separated from human life, where all international structures and orders change. Easy access to information, technology and the exchange of goods, services and ideology make globalization a very important part. Changing the structure and economic, political and social order at this time requires existing countries to adapt to all changes brought about by globalization. The birth of non-state actors in globalization then brought about its own changes, especially in the economic field. This study aims to explain how the impact of the Greek economic crisis on the European economic community. The method used in this research is a qualitative method with a descriptive approach. The results of this study indicate that the economic interdependence between European countries which has led to the birth of the European Economic Community (EEC) is very influential on one another. This can be seen from how the Greek crisis was able to change the economic policy order of member countries of the European Economic Community (EEC).
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Babic, Blagoje. "Economic relations between Slavic countries." Zbornik Matice srpske za drustvene nauke, no. 128 (2009): 7–19. http://dx.doi.org/10.2298/zmsdn0928007b.
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Economic relations between Slavic countries are a taboo topic. This is a reflection of divisions in Europe, which have also been transmitted to the Slavic world. Although the aspiration for Slav unification has existed for centuries, Slavic peoples have been a part of a single community only once - and even then not of their own choice - in the Eastern Block, which emerged from the division of Europe after the Second World War. The decomposition of the Eastern Bloc was followed by the decomposition of the Slavic world as well, which became more disunited than ever before. Changes that have been occurring in Europe - the incorporation into the European Union of several Slavic countries, the transformation of socio-economic systems in the Slavic countries and the global economic crisis - are driving the Slavic peoples toward a gathering on a new basis. The Slavic world is becoming the most promising emerging market in the world, for which the European Union is showing increasing interest. With the building of a pan-European energy infrastructure, which would also encompass all the Slavic countries, coupled with efforts toward creating a 'single European economic space' that would include both the European Union and Russia, all Slavic peoples will be united by common economic interests. Pan-European arrangements have as a consequence the development of economic relations among Slavic countries, bringing added benefit to their mutual political relations as well. Paradoxically, the European Union is accomplishing for the Slavic peoples what the Slavic peoples aren't able to accomplish for themselves.
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Brentford, Philip. "Constitutional Aspects of the Independence of the European Central Bank." International and Comparative Law Quarterly 47, no. 1 (January 1998): 75–116. http://dx.doi.org/10.1017/s0020589300061571.
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At the celebrations of the 40th anniversary of the signature of the Treaty of Rome 1957 on 26 March 1997, Romano Prodi, President of the Italian Council, said that, with the Maastricht Treaty “we are perfecting our common economic constitution”, and that this Treaty should not be seen simply as an “instrument for the introduction of the single currency, but also as the awakening of the European peoples to the necessity of setting limits on the action of governments”. This notion of constitution or of economic constitution has received much attention from European legal scholars within the ongoing debate on constitutionalism and constitutionalisation within the Community legal order. However, constitutionalisation presents us with semantic difficulties, as legal doctrine has to adapt itself to the specificity of Community law. The discussion is further complicated by the divergence of views on the subject of whether the Treaties are a constitution for Europe and, indeed, whether Europe needs a constitution. Before we consider what constitutionalisation signifies, the notion of a constitution and an economic constitution in Community law merit consideration.
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Adriaenssens, Niels, Robin Bruyndonckx, Ann Versporten, Niel Hens, Dominique L. Monnet, Geert Molenberghs, Herman Goossens, et al. "Consumption of quinolones in the community, European Union/European Economic Area, 1997–2017." Journal of Antimicrobial Chemotherapy 76, Supplement_2 (July 1, 2021): ii37—ii44. http://dx.doi.org/10.1093/jac/dkab176.
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Abstract Objectives Data on quinolone consumption in the community were collected from 30 EU/European Economic Area (EEA) countries over two decades. This article reviews temporal trends, seasonal variation, presence of change-points and changes in the composition of main subgroups of quinolones. Methods For the period 1997–2017, data on consumption of quinolones, i.e. ATC group J01M, in the community and aggregated at the level of the active substance, were collected using the WHO ATC/DDD methodology (ATC/DDD index 2019). Consumption was expressed in DDD per 1000 inhabitants per day and in packages per 1000 inhabitants per day. Quinolone consumption was analysed by subgroups based on pharmacokinetic profile, and presented as trends, seasonal variation, presence of change-points and compositional changes. Results In 2017, quinolone consumption in the community expressed in DDD per 1000 inhabitants per day varied by a factor of 8.2 between countries with the highest (Bulgaria) and the lowest (Norway) consumption. The second-generation quinolones accounted for >50% of quinolone consumption in most countries. Quinolone consumption significantly increased up to 2001, and did not change significantly afterwards. Seasonal variation increased significantly over time. Proportional consumption of third-generation quinolones significantly increased over time relative to that of second-generation quinolones, while proportional consumption of both third- and second-generation quinolones significantly increased relative to that of first-generation quinolones. Levofloxacin and moxifloxacin represented >40% of quinolone consumption in the community in southern EU/EEA countries. Conclusions Quinolone consumption in the community is no longer increasing in the EU/EEA, but its seasonal variation continues to increase significantly as is the proportion of quinolones to treat respiratory infections.
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Bruno, Francesco. "La tutela giuridica dell'ambiente marino tra diritto interno e internazionale." AGRICOLTURA ISTITUZIONI MERCATI, no. 1 (April 2009): 49–57. http://dx.doi.org/10.3280/aim2008-001004.
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- Actually sea fishing has such economic, social and ecological dimensions that it's in the middle of political debate. It may be considered an "integrated system" among national, european and international environmental policies. The necessity of protection of sea environment and of preserving biological resources has given an important role to the principle of precaution among sea fishing. The work is particularly focus on the analysis of the international Treaties about sea fishing - first of all the code of behaviour for a sustainable sea fishing - and analyses its repercussions on community policy about sea fishing. Key words: sea fishing, international Treaties, principle of precaution.
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Deng, Haoran, Tzuhan Lin, Zihao Ma, and Yixi Wang. "The impact of European Monetary Union on different countries within the EU." Highlights in Business, Economics and Management 2 (November 6, 2022): 255–62. http://dx.doi.org/10.54097/hbem.v2i.2371.
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The decision on the establishment of economic and Monetary Union will be regarded as a major event in the economic history of Europe. A stable European monetary structure will affect the future not only of the Member States of the Community, but also of the whole world. It is likely to serve as a guidepost for the economic policies of future members of the European Community, such as Austria, Sweden and Finland, as well as the emerging market economies of Central and Eastern Europe. These countries are looking forward to closer links with the European Community. Monetary union would also provide a currency for the European Community. The creation of economic and monetary union is a complex undertaking from both a technical and a political point of view. It requires a high degree of consistency between economic policy and performance. At the same time, it would greatly reduce the economic autonomy of participating countries. The traditional differences in the economic and monetary policies of the member states of the European Community also have different effects. Therefore, this paper mainly studies the influence of EMU on different EU countries by studying the EU's political ideology, historical and economic development, economic main body structure and cultures of different EU countries.
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Wabwile, Michael. "Implementing the Social and Economic Rights of Children in Developing Countries: The Place of International Assistance and Cooperation." International Journal of Children's Rights 18, no. 3 (2010): 355–85. http://dx.doi.org/10.1163/157181810x494308.
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AbstractIt is a common feature of the treaties on international protection of economic and social rights that all states, regardless of their resource capabilities, are invited to ratify these treaties. Although all developing countries except Somalia have ratified the Convention on the Rights of the Child, the macroeconomic conditions of systemic poverty and underdevelopment in these countries indicate that there are concerns as to whether and how such states can really perform their legal obligations and guarantee the fulfilment of the Convention's economic and social rights. This article examines the emerging patterns of recent state practice in this area, with a view to identifying the contribution of international cooperation and assistance in these processes. The gist of the discussion presented here is that despite their macro-economic disadvantages, developing countries can accelerate the processes of achieving full implementation of economic and social rights if they have access to appropriate arrangements for external technical and financial cooperation and assistance. In view of this, it is suggested that there may be a legal obligation on the part of the international community to render such assistance and cooperation.
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Versporten, Ann, Robin Bruyndonckx, Niels Adriaenssens, Niel Hens, Dominique L. Monnet, Geert Molenberghs, Herman Goossens, et al. "Consumption of cephalosporins in the community, European Union/European Economic Area, 1997–2017." Journal of Antimicrobial Chemotherapy 76, Supplement_2 (July 1, 2021): ii22—ii29. http://dx.doi.org/10.1093/jac/dkab174.
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Abstract Objectives Data on cephalosporin consumption in the community were collected from 30 EU/EEA countries over two decades. This article reviews temporal trends, seasonal variation, presence of change-points and changes in the composition of the main subgroups of cephalosporins. Methods For the period 1997–2017, data on consumption of cephalosporins (i.e. first-, second-, third- and fourth-generation cephalosporins; ATC subgroups J01DB, J01DC, J01DD and J01DE, respectively) in the community and aggregated at the level of the active substance, were collected using the WHO ATC/DDD methodology (ATC/DDD index 2019). Consumption was expressed in DDD per 1000 inhabitants per day and in packages per 1000 inhabitants per day. Cephalosporin consumption was analysed based on ATC-4 subgroup, and presented as trends, seasonal variation, presence of change-points and compositional changes. Results In 2017, cephalosporin consumption in the community expressed in DDD per 1000 inhabitants per day varied by a factor of 285 between countries with the highest (Greece) and the lowest (the Netherlands) consumption. Cephalosporin consumption did not change significantly between the first quarter of 1997 and the last quarter of 2017. Seasonal variation decreased significantly over time. Proportional consumption of second- and third-generation cephalosporins significantly increased over time compared with that of first-generation cephalosporins, and proportional consumption of fourth-generation cephalosporins significantly decreased compared with that of second- and third-generation cephalosporins. Conclusions Despite considerable variation between countries in the composition of cephalosporin consumption and trends over time, a significant shift towards consumption of more broad-spectrum cephalosporins in the community was observed across the EU/EEA during 1997–2017.
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Bruyndonckx, Robin, Niels Adriaenssens, Niel Hens, Ann Versporten, Dominique L. Monnet, Geert Molenberghs, Herman Goossens, et al. "Consumption of penicillins in the community, European Union/European Economic Area, 1997–2017." Journal of Antimicrobial Chemotherapy 76, Supplement_2 (July 1, 2021): ii14—ii21. http://dx.doi.org/10.1093/jac/dkab173.
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Abstract Objectives Data on consumption of penicillins in the community were collected from 30 EU/European Economic Area (EEA) countries over two decades. This article reviews temporal trends, seasonal variation, presence of change-points and changes in the composition of the main subgroups of penicillins. Methods For the period 1997–2017, data on consumption of penicillins, i.e. β-lactam antibacterials, penicillins (ATC group J01C), in the community aggregated at the level of the active substance, were collected using the WHO ATC/DDD methodology (ATC/DDD index 2019). Consumption was expressed in DDD per 1000 inhabitants per day and in packages per 1000 inhabitants per day. Consumption of penicillins was analysed based on ATC-4 subgroups, and presented as trends, seasonal variation, presence of change-points and compositional changes. Results In 2017, consumption of penicillins in the community expressed in DDD per 1000 inhabitants per day varied by a factor of 4.9 between countries with the highest (Spain) and the lowest (the Netherlands) consumption. An increase in consumption of penicillins, which was not statistically significant, was observed between 1997 and 2003 and up to 2010. A decrease, which was not statistically significant, was observed from 2010 onwards. Proportional consumption of combinations of penicillins, including β-lactamase inhibitors (J01CR) increased during 1997–2017, which coincided with a decrease in the proportional consumption of extended-spectrum penicillins (J01CA) and narrow-spectrum penicillins (J01CE). Conclusions Considerable variation in the patterns of consumption of penicillins was observed between EU/EEA countries. The consumption of penicillins in the EU/EEA community did not change significantly over time, while the proportional consumption of combinations of penicillins increased.
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Ustymenko, Volodymyr, and Alevtyna Sanchenko. "Ukraine’s experience and prospects of cross-border cooperation: Legal and economic parameters in the light of sustainable development." Észak-magyarországi Stratégiai Füzetek 18, no. 2 (2021): 44–53. http://dx.doi.org/10.32976/stratfuz.2021.34.
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The article provides a general overview of the course of forming Ukraine’s legal and policy basis for cross-border cooperation in connection with economic development. Specific attention is given to its cross-border cooperation with the neighbouring Eastern European countries in the frameworks of bilateral treaties, the Madrid Outline Convention and the EUUkraine Association Agreement. Their cooperation within four Euroregions, supported by the EU European Neighbourhood Instrument, is observed. The complex of cross-border cooperation advantages, shortcomings of their realisation and the current prospects for cross-border cooperation advancement in the light of sustainable development are characterised.
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Gylka, K. "Prospects for European Integration of the Republic of Moldova and the Constitutional Component." Scientific Research and Development. Economics of the Firm 10, no. 2 (August 6, 2021): 84–89. http://dx.doi.org/10.12737/2306-627x-2021-10-2-84-89.
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The European Union (EU) is an economic and political union of 28 European countries. The population is 508 million people, 24 official and working languages and about 150 regional and minority languages. The origins of the European Union come from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), consisting of six states in 1951 - Belgium, France, Germany, Italy, Luxembourg and the Netherlands. These countries came together to put an end to the wars that devastated the European continent, and they agreed to share control over the natural resources needed for war (coal and steel). The founding members of ECSC have determined that this European project will not only be developed in order to share resources or to prevent various conflicts in the region. Thus, the Rome Treaty of 1957 created the European Economic Community (EEC), which strengthened the political and economic relations between the six founding states. The relevance of the topic stems from their desire of peoples and countries to live better. The purpose of the study is to identify the internal and external development mechanisms of European countries and, on this basis, to formulate a model of economic, legislative and social development for individual countries. The results of the study provide a practical guideline for determining the vector of the direction of efforts of political, economic, legislative, humanitarian, etc.
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MECHI, Lorenzo. "From Recurring Reference to Identity Trait: the Emergence of Social Justice in the Political Discourse of the European Communities (1950-1986)." Journal of European Integration History 27, no. 2 (2021): 263–84. http://dx.doi.org/10.5771/0947-9511-2021-2-263.
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Although the ECSC and the EEC were originally endowed with a narrow social dimension, in the 1950s references to both Communities as promoters of social justice were rather common in the European Parliament, especially in the speeches of Christian Democratic and Socialist members. In the following years, the progressive implementation of the social legislation of the two treaties, the first discussions on the launch of a regional policy, and the signing of the first association agreements with third countries, contributed to further spreading the idea of a peculiar European sensitivity to solidarity, fairness and inclusion. Widely shared in the European Parliament from the late 1960s, the perception of the Community as a natural bearer of social justice soon began to also permeate the statements of the other institutions, and was then formalized by the Declaration on European Identity approved by the Copenhagen summit of December 1973. From that moment on, the idea of social justice as a guiding principle of the entire European project was echoed in all solemn occasions, to be finally inserted in the founding treaties in 1986 by the Single European Act.
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Caraffini, Paolo. "De Gaulle, the “Empty Chair Crisis” and the European Movement." Perspectives on Federalism 7, no. 2 (November 1, 2015): 163–89. http://dx.doi.org/10.1515/pof-2015-0014.
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Abstract European Movement International (EM) was founded in October 1948 after the Hague Congress held in May to coordinate the initiatives of the major European movements and political forces in favour of the unification of the Old Continent. The aim of this essay is to analyse EM’s stance in defence of the Community institutions established under the Treaties of Paris (1951) and Rome (1957), in the face of the so-called “empty chair crisis”. This crisis between the French government and the other Community partners was triggered by proposals made in March 1965 by the Commission of the European Economic Community, chaired by Walter Hallstein, which established a direct relationship between the renewal of the financial regulation of the Common Agricultural Policy, the shift towards a system of “own resources” (from agricultural levies and customs duties) and the strengthening of the European Parliament’s powers.
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Bevz, Svitlana. "HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE: SOME LANDMARKS." Administrative law and process, no. 2 (29) (2020): 44–57. http://dx.doi.org/10.17721/2227-796x.2020.2.04.
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The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.
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Bruyndonckx, Robin, Ana Hoxha, Chantal Quinten, Girma Minalu Ayele, Samuel Coenen, Ann Versporten, Niels Adriaenssens, et al. "Change-points in antibiotic consumption in the community, European Union/European Economic Area, 1997–2017." Journal of Antimicrobial Chemotherapy 76, Supplement_2 (July 1, 2021): ii68—ii78. http://dx.doi.org/10.1093/jac/dkab179.
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Abstract Objectives Surveillance of antibiotic consumption in the community is of utmost importance to inform and evaluate control strategies. Data on two decades of antibiotic consumption in the community were collected from 30 EU/European Economic Area (EEA) countries. This article reviews temporal trends and the presence of abrupt changes in subgroups of relevance in antimicrobial stewardship. Methods For the period 1997–2017, data on yearly antibiotic consumption in the community, aggregated at the level of the active substance, were collected using the WHO ATC classification and expressed in DDD (ATC/DDD index 2019) per 1000 inhabitants per day. We applied a range of non-linear mixed models to assess the presence of changes in the consumption of antibacterials for systemic use (ATC group J01) and eight antibiotic subgroups. Results For the majority of the studied groups, a country-specific change-point model provided the best fit. Depending on the antibiotic group/subgroup and on the country, change-points were spread out between 2000 and 2013. Conclusions Due to the heterogeneity in antibiotic consumption in the community across EU/EEA countries, a country-specific change-point model provided the better fit. Given the limitations of this model, our recommendation for the included countries is to carefully interpret the country-specific results presented in this article and to use the tutorial included in this series to conduct their own change-point analysis when evaluating the impact of changes in regulations, public awareness campaigns, and other national interventions to improve antibiotic consumption in the community.
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Pagliarini, Alexandre Coutinho, and Maria Fernanda Augustinhak Schumacker Haering Teixeira. "O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores." REVISTA INTERNACIONAL CONSINTER DE DIREITO 13, no. 13 (December 21, 2021): 469–80. http://dx.doi.org/10.19135/revista.consinter.00013.23.
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This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.
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Adriaenssens, Niels, Robin Bruyndonckx, Ann Versporten, Niel Hens, Dominique L. Monnet, Geert Molenberghs, Herman Goossens, et al. "Quality appraisal of antibiotic consumption in the community, European Union/European Economic Area, 2009 and 2017." Journal of Antimicrobial Chemotherapy 76, Supplement_2 (July 1, 2021): ii60—ii67. http://dx.doi.org/10.1093/jac/dkab178.
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Abstract Objectives The quality of antibiotic consumption in the community can be assessed using 12 drug-specific quality indicators (DSQIs) developed by the European Surveillance of Antimicrobial Consumption (ESAC) project. We compared quality in 2009 and 2017 in the EU/European Economic Area (EEA) and evaluated the impact of using different DDD values (ATC/DDD indices 2011 and 2019) for the 2009 quality assessment using these DSQIs and a joint scientific opinion (JSO) indicator. Methods We calculated the 12 DSQIs and the JSO indicator for 2017 and for 2009 for EU/EEA countries able to deliver values. For each of the indicators we grouped the 2017 and 2009 indicator values into four quartiles. To evaluate changes in quality between 2009 and 2017, we used the quartile distribution of the 2009 indicator values in 30 EU/EEA countries as benchmarks. In addition, we compared the quality assessment for 2009 using the ATC/DDD indices 2011 and 2019. Results In 2017, a difference in the quality of antibiotic consumption in the community between northern and southern EU/EEA countries remained, but also several eastern EU/EEA countries shifted towards lower quality. Quality of antibiotic consumption decreased between 2009 and 2017 in particular indicator values for penicillin, quinolone, relative β-lactam and broad- versus narrow-spectrum antibiotic consumption, and seasonal variation. Using different ATC/DDD indices did not substantially change countries’ ranking based on their DSQI values. Conclusions The quality of antibiotic consumption in the community as measured by the DSQIs further decreased between 2009 and 2017, especially in Southern and Eastern European countries. A continuous effort to improve antibiotic consumption is essential to reduce antibiotic consumption in general and the use of broad-spectrum antibiotics in particular.
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Szczepańska-Woszczyna, Katarzyna, Dainora Gedvilaitė, Joanicjusz Nazarko, Andrius Stasiukynas, and Aleš Rubina. "ASSESSMENT OF ECONOMIC CONVERGENCE AMONG COUNTRIES IN THE EUROPEAN UNION." Technological and Economic Development of Economy 28, no. 5 (November 7, 2022): 1572–88. http://dx.doi.org/10.3846/tede.2022.17518.
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The debate on the presence of economic benefits in the European Union (EU) is not over. The study responds unequivocally to this question, with the intensity of economic development in the countries that joined the European Union in 2004 and beyond twice as high as that of the countries that joined it this year, i.e. the EU’s old ones compared to the new ones; smoothness – 1.1 times and dynamics – 1.6 times. Another important trend for further development is that, as the level of economic development increases, its smoothness is diminishing. In respect of the context of the EP of all EU Members, it turned out that the higher intensity of enlargement was characterised by higher economic levels, with similar homogeneity and almost identical values for the dynamic indicator. The introduction to the article presents the context of the studies, i.e. two groups of EU Community countries are formed according to their level of economic development and the year of their accession to the Community, as well as a survey scheme. The literature review reveals the methods used to analyse the convergence of economic development in these countries, as members of the Community. The research methodology introduces the indicator of economic development of countries and provides a methodology for assessing its dynamics. The empirical part assesses the dynamics of economic development of both groups of countries and identifies trends in terms of convergence. The discussion section summarises the consolidation and destabilising factors in the EU and the importance of the study carried out in this context. The conclusions present the main results of the studies and outline their further directions. The results of the study can be used both in the EU and for the purpose-oriented decisions of its members on further economic development.
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Bruyndonckx, Robin, Niels Adriaenssens, Ann Versporten, Niel Hens, Dominique L. Monnet, Geert Molenberghs, Herman Goossens, et al. "Consumption of antibiotics in the community, European Union/European Economic Area, 1997–2017." Journal of Antimicrobial Chemotherapy 76, Supplement_2 (July 1, 2021): ii7—ii13. http://dx.doi.org/10.1093/jac/dkab172.
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Abstract Objectives Data on antibiotic consumption in the community were collected from 30 EU/EEA countries over two decades. This article reviews temporal trends, seasonal variation, presence of change-points and changes in the composition of the main antibiotic groups. Methods For the period 1997–2017, data on consumption of antibiotics, i.e. antibacterials for systemic use (ATC group J01), in the community, aggregated at the level of the active substance, were collected using the WHO ATC/DDD methodology (ATC/DDD index 2019). Consumption was expressed in DDD per 1000 inhabitants per day and in packages per 1000 inhabitants per day. Antibiotic consumption was analysed based on ATC-3 groups, and presented as trends, seasonal variation, presence of change-points and compositional changes. Results In 2017, antibiotic consumption in the community expressed in DDD per 1000 inhabitants per day varied by a factor 3.6 between countries with the highest (Greece) and the lowest (the Netherlands) consumption. Antibiotic consumption in the EU/EEA did not change significantly over time. Antibiotic consumption showed a significant seasonal variation, which decreased over time. The number of DDD per package significantly increased over time. The proportional consumption of sulphonamides and trimethoprim (J01E) relative to other groups significantly decreased over time, while the proportional consumption of other antibacterials (J01X) relative to other groups significantly increased over time. Conclusions Overall, antibiotic consumption in the community in the EU/EEA did not change during 1997–2017, while seasonal variation consistently decreased over time. The number of DDD per package increased during 1997–2017.
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Gowa, Joanne, and Raymond Hicks. "“Big” Treaties, Small Effects." World Politics 70, no. 2 (March 6, 2018): 165–93. http://dx.doi.org/10.1017/s0043887117000302.
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It seems obvious that agreements to cut tariffs will raise trade between their signatories. But recent studies show that some agreements widely considered to be landmarks in economic history had either a remarkably small impact on trade or none at all. Among those agreements are the Cobden-Chevalier Treaties and the long series of tariff accords concluded under the auspices of the GATT/WTO. Both sets of agreements cut import duties on many goods that applied to all trading partners entitled to most-favored-nation treatment, but neither increased aggregate trade between their members. This article examines the agreements concluded by the United States under the 1934 Reciprocal Trade Agreements Act (RTAA). The authors use an original data set that records changes in tariffs and US imports at the product-line level for each of the twenty-seven bilateral agreements. No comparable data exist either for the nineteenth-century trade network or for the postwar trade regime. The results show that the RTAA treaties failed to raise aggregate US imports from its treaty partners. They also show that these agreements did lead to a large and significant rise in US imports of specific products from specific countries. Because the same bargaining protocol that produced the RTAA agreements also governed the European treaty network and the GATT/WTO, the argument advanced in this article can also help to explain why neither treaty exerted a significant impact on aggregate trade between their signatories.
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Vasilkov, Zorančo, and Dragana B. Lazić. "Development of criminal jurisdiction of the European Union." Juridical Analytical Journal 16, no. 1 (November 13, 2021): 7–14. http://dx.doi.org/10.18287/1810-4088-2021-16-1-7-14.
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The criminal jurisdictions of the European Community and subsequently the European Union began to develop as subsidiary competencies aimed at protecting economic and industry policies established by the founding treaties. Their development has pointed to the necessity of using forced measures for the preventing abuse and countering criminal activities in the area of the customs union and the common market. This paper presents the gradual transfer of limited criminal jurisdictions from the jurisprudence of the European Court of Justice and communitarian law into the contractual competences of the European Union with an explicit legal basis after the entry into force of the Treaty of Lisbon. Using the teleological method, the method of the content analysis (of the legal norms) and the comparative method the paper emphasizes examples of using criminal jurisdictions within the framework of communitarian law, the delimitation of competencies between the EU and the EC, and the changes made by the Treaty of Lisbon in relation to the EU Treaty of Amsterdam. Amendments to the founding treaties have set the foundations for developing criminal jurisdictions into the supranational criminal law that through its norms would supplement national criminal justice systems in the areas of substantive criminal law and the law of criminal procedure.
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Донцов, Павел, and Pavel Dontsov. "IMPLEMENTATION OF BILATERAL AGREEMENTS WITH THE EUROPEAN UNION IN CANADA." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14276.
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International agreements concluded during various historical periods between Canada and the European Union, European communities, as well as acts of domestic law of Canada adopted for the implementation of relevant rules of the international law, are the subject of this research. The aim of the study was to define models for the implementation of bilateral agreements between Canada and the European Union, the forms of their implementation in domestic law, and classification of existing and void agreements. The methodology used in the study includes formal juridical and legal, historical research methods, and the method of comparative law analysis. The author draws the conclusion that Canada concluded bilateral agreements at all stages of the European integration development since the 1959 Treaty between the Government of Canada and the European atomic energy community on cooperation in the peaceful uses of atomic energy and treaties between Canada and the European Economic Community about common and high-quality wheat, concluded in 1962. Currently, there are about 40 bilateral agreements between Canada and the EU (Communities), mainly in the sphere of economic, customs and scientific cooperation, carried out by Canada through “indirect implementation”.
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Kolodko, Grzegorz W. "Economics and politics of the currency convergence: The case of Poland." Communist and Post-Communist Studies 50, no. 3 (June 30, 2017): 183–94. http://dx.doi.org/10.1016/j.postcomstud.2017.06.003.
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Of the 11 post-socialist states that have already become European Union members only five have joined the common currency Eurozone. The other six, including Poland, the region’s largest economy, have, pursuant to accession treaties, the right and obligation to adopt euro as their currency. They fail to exercise their right and meet their obligation, which has both causes and consequences. These are economic and political in nature and that is why there is no certainty about how the situation will evolve in future. However, from both of those perspectives, and especially for economic reasons, Eastern European EU members should join the Eurozone, as the resulting benefits, not only for Poland, significantly outweigh the conversion costs. Thus, new countries, especially Poland, adopting euro would have a positive impact on the European integration process, which is experiencing a serious structural, institutional and political crisis.