Journal articles on the topic 'European Union – Law and legislation – Ireland'
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1
Danel, Łukasz. "Prawno-konstytucyjne implikacje wystąpienia Wielkiej Brytanii z Unii Europejskiej – perspektywa brytyjska." Politeja 15, no. 54 (February 10, 2019): 163–73. http://dx.doi.org/10.12797/politeja.15.2018.54.11.
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Legal and Constitutional Implications of the United Kigdom’s Withdrawal From the European Union – the British PerspectiveThe article is dedicated to the issue of legal and constitutional implications of Brexit seen from the perspective of United Kingdom of Great Britain and Northern Ireland. The author advances a thesis that the withdrawal from the European Union will be the most complicated legal operation in the history of the British state as for more than 40 years United Kingdom has been a part of European Communities (today’s European Union) which affected greatly the British legal system. In order to prove the thesis the author analyses the political and legal discussion around the European Union (Withdrawal) Bill 2017‑2019 that is supposed to repeal the European Communities Act 1972 and transpose the existing EU Law into UK law. The bill is controversial – especially the provisions known as Henry VIII clauses that create special powers for the government to make secondary legislation.
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Mendzhul, M. V., and N. O. Davydova. "The mechanism of civil law regulation of property relations of partners in de facto unions." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 124–27. http://dx.doi.org/10.24144/2307-3322.2021.65.22.
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The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions there is a special legal mechanism (Sweden, Hungary, Slovenia, Croatia, Catalonia, Portugal, Scotland, Ireland and Finland).The provisions of the Lithuanian Civil Code on the regulation of de facto marital relations, as well as the legislation of Croatia, Sweden, Norway and other countries are analyzed. It was found that in Scotland, civil partnerships were allowed for same-sex couples back in 2005, and for people of the opposite sex only from June 30, 2021.It is substantiated that in the context of Europeanization of private law, the position on the need to amend the Family Code of Ukraine and introduce the term «de facto union» recommended by the Commission on European Family Law in the Principles of European Family Law on property rights, maintenance and succession of couples in de facto unions.It is proved that in the process of Europeanization of private law the institution of de facto union should be regulated by the norms of the Family Code of Ukraine, which, taking into account the recommendations of the Commission on European Family Law should be improved as follows: contract on selling a dwelling in which partners live, as well as household items, is made with the consent of both partners; to guarantee partners the right to file a claim to the court for consent to dispose of the property without the consent of the other partner; to guarantee the principle of freedom of contract between partners in de facto unions; establish the right to compensation for a significant contribution to the property (or business) or profession of another partner; guarantee the right of the partner to inherit equally with the spouses, etc.
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Suszycka-Jasch, Magdalena, and Hans-Christian Jasch. "The Participation of the German Länder in Formulating German EU-policy." German Law Journal 10, no. 9 (September 1, 2009): 1215–55. http://dx.doi.org/10.1017/s2071832200018113.
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On the 30 June 2009 the German Federal Constitutional Court (Bundesverfassungsgericht, FCC) has passed its long-awaited decision on the compatibility of the Act approving the Treaty of Lisbon and the accompanying legislation with the Basic law (Grundgesetz). The FCC's decision according to which the ratification law is compatible with the Basic law was greeted with relief by many German and European policy makers. It has removed another obstacle for the adoption of the Treaty of Lisbon in the European Union (EU), which still has to be ratified by Ireland, Poland and the Czech Republic, though. But also Germany's ratification still depends on the amendment of the accompanying “Act Extending and Strengthening the Rights of the Bundestag and the Bundesrat in European Union Matters” (“Extending Act”) which the FCC has declared incompatible with the Basic law insofar as the legislature, Bundestag and Bundesrat, have not been accorded sufficient rights of participation in European law-making and treaty amendment procedures. The FCC has therefore ruled that the Federal Republic of Germany's instrument of ratification of the Treaty of Lisbon may not be deposited as long as the constitutionally required legal elaboration of the parliamentary rights of participation has not entered into force. This puts pressure on German law-makers to amend the accompanying “Extending Act” possibly before the referendum in Ireland and before German elections in autumn 2009.
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Macmaoláin, Caoimhín. "An Unhealthy State: Using Legislation to Address Public Health Issues in Ireland." European Public Law 25, Issue 4 (December 1, 2019): 487–502. http://dx.doi.org/10.54648/euro2019027.
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Ireland has one of the least healthy populations in the European Union. It is amongst the very highest for rates of premature death, disability years and societal harm caused by poor diet and alcohol abuse. In response, the Irish Government has introduced two new laws. The first sets higher rates of taxation on sugar-sweetened drinks, as has been done elsewhere. The second, more controversially, restricts the marketing of alcohol in a variety of ways. The imposition of minimum unit pricing and the exertion of additional controls over advertising, sponsorship and branded clothing are all part of a range of measures designed to reduce alcohol misuse. Most significantly, a suite of compulsory health warnings have been proposed for labels. This has raised the ire of producers, retailers, and organizations opposed to protectionism. Noting the limitations placed on these schemes by international legal obligations, this report examines the problems and solutions available to contemporary legislators in Member States such as Ireland who seek the amelioration of public health issues through legislative and other controls.
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Babynina, Lyudmila. "POST-BREXIT: FROM INTEGRATION TO CONFRONTATION." Scientific and Analytical Herald of IE RAS 30, no. 6 (December 31, 2022): 24–31. http://dx.doi.org/10.15211/vestnikieran620222431.
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The article is devoted to the analysis of current relations between the European Union and the United Kingdom, as well as the possibilities for creating a closer partnership. The article considers three areas of mutual interest for the parties – the preservation of the EU regulatory framework in British law, cooperation in Northern Ireland and the development of trade relations. The author comes to the conclusion that the presence of objective prerequisites for the creation of a new integration format does not automatically lead to its implementation. On the contrary, the ruling elite of Britain is aimed at maximum distance from the EU rules, which is expressed, in particular, in the consistent change of the Union legislation preserved in national law and the desire to abolish specific regulation in Northern Ireland. Special attention is paid to the situation around the implementation of the Northern Ireland Protocol and the British bill, which cancels its effect unilaterally. The author concludes that instead of a unique integration format and the prosperity of the region, the parties may, in extreme cases, come to a state of trade war and exacerbate contradictions within Northern Ireland.
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O'Gorman, Roderic. "The Irish “Bail-Out” and Cuts to Social Protection Spending— the Case for a Right to a Subsistence Minimum in EU Law." German Law Journal 15, no. 4 (July 1, 2014): 569–97. http://dx.doi.org/10.1017/s2071832200019052.
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As part of the 2010 EU/IMF economic adjustment program or “bail-out,” the Irish Government was required to undertake billions of euros in cuts to social protection spending over a three-year period. These have been implemented in subsequent budgets, resulting in increased levels of poverty and social exclusion. In light of these impacts on social rights in Ireland and other Member States, this article argues that the outcome of such Union legislative measures should be subject to some degree of rights-based scrutiny. It examines how, in theHartz IVdecision, the German Constitutional Court ruled that an attempt by the German Government to pass legislation that significantly cut a range of social welfare benefits breached the fundamental right to a subsistence minimum under the German Basic Law. Drawing inspiration from the approach of the German Constitutional Court, the article argues that the two elements of the German Basic Law which grounded that decision—the right to human dignity (Article 1(1)) and the social state principle (Article 20(1))—are both present within the Union Treaties as a result of changes occasioned by the Lisbon Treaty. The article advocates that the European Court of Justice should discover such a right within Union law and use it as a tool to analyze the impact of future cuts mandated by Union institutions on the economically disadvantaged.
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O’Reilly, Brian. "The European Public Prosecutor’s Office: An institution built on sand?" Boolean: Snapshots of Doctoral Research at University College Cork, no. 2015 (January 1, 2015): 171–74. http://dx.doi.org/10.33178/boolean.2015.35.
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The European Union has traditionally had a limited role in the area of criminal justice enforcement. Many other areas of EU law involve detailed legislation and direct involvement, but in relation to criminal law the EU has thus far been limited to a coordinating and harmonising role. There are, for example, certain minimum standards set on the national definitions of some serious criminal offences, and an attempt has been made to harmonise the types and level of sanctions applicable to certain offences, but when it comes to actually prosecuting these crimes the Member States still reign supreme. In Ireland, the job of prosecuting criminal offences in the Courts falls ultimately on the Director of Public Prosecutions (DPP). This could be set to change, however, as a regulation is currently (slowly) working its way through the EU legislature that would set up a European Public Prosecutor’s Office (EPPO), which could effectively ...
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Gwoździewicz, Sylwia. "THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION." International Journal of New Economics and Social Sciences 1, no. 1 (June 30, 2015): 0. http://dx.doi.org/10.5604/01.3001.0010.3758.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
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Macmaoláin, Caoimhín. "Using European Union Legislation to Increase International Trade: The Potential for Public Bodies in Ireland to Make More of Product Quality Schemes." European Public Law 21, Issue 2 (May 1, 2015): 215–27. http://dx.doi.org/10.54648/euro2015011.
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De Mars, Sylvia, and Charlotte O’Brien. "Inevitably diminished: rights of frontier workers in Northern Ireland after Brexit." Northern Ireland Legal Quarterly 73, S2 (December 15, 2022): 119–47. http://dx.doi.org/10.53386/nilq.v73is2.1061.
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Brexit has exposed a fundamental weakness in the free movement legal architecture of the European Union (EU): a failure to map out the complexities arising from different configurations of frontier work, despite its prevalence – almost one third of article 45 (of the Treaty on the Functioning of the EU) workers commute across borders. However, EU legislation on free movement is generally written with those in mind who work and reside in a member state not of their own nationality, with frontier work an afterthought. Brexit has exposed the problems of this approach, especially at the EU land border on the island of Ireland. This article argues that there are frontier-work-sized ‘gaps’ in the Citizens’ Rights chapter of the United Kingdom/EU Withdrawal Agreement and weighs up the capacity of three potential sources to plug them: the Common Travel Area; the Trade and Cooperation Agreement; and the Protocol on Ireland/Northern Ireland. What emerges is a picture of a legislature at best ignoring or, at worst, not fully cognisant of the differences between and significance of various configurations of frontier work. The Withdrawal Agreement addresses some of these, but not others. Even those who successfully apply for and hold ‘frontier worker’ status post-Brexit risk losing or not being able to regain it – amounting to a ‘diminution’ of rights potentially contrary to the Protocol on Ireland/Northern Ireland’s article 2. These problems not only indicate shortcomings in drafting but also flag up a lesson for the EU: it is time to address the taxonomy of frontier workers and protect their rights so they do not slip through the cracks of EU free movement law.
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Demchuk, N., and R. Havric. "Legal responsibility for illegal crossing of the state border: foreign experience of legal regulation." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 137–40. http://dx.doi.org/10.24144/2788-6018.2022.01.25.
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In the scientific article, the authors conducted a study of foreign experience in prosecuting for illegal crossing of the state border under the laws of neighboring countries and the European Union. Based on the study, the authors concluded that according to foreign legislation on liability for illegal crossing of the state border, such acts are mostly criminal liability (especially post-Soviet states, except Ukraine, Belarus, Estonia and Moldova; the United Kingdom of Great Britain and Northern Ireland; Poland; France; Germany). However, the legislation of many European Union countries, including the Czech Republic, Slovakia and Estonia, provides for criminal liability only if there are aggravating circumstances when crossing the state border, providing for administrative liability for crossing the state border in other cases. Such circumstances are: use of force or threat of imminent use of force when crossing the state border, violation of the air border, ignoring the stop signal or order issued by a border guard official, crossing the border by a group of persons or a vehicle in a place not intended to cross the border, repeated offense while crossing the border, causing serious damage to health or life of a border guard official. Similarly, the legal regulation of legal liability for illegal crossing of the state border in Ukraine is an administrative offense, but in the presence of qualifying circumstances (illegal crossing of the state border to harm the interests of the state, as well as illegal crossing of the state border by a person prohibited entry into the territory of Ukraine, or representatives of units of the armed forces or other law enforcement agencies of the aggressor state) – a crime. Belarusian law provides for administrative liability for illegal crossing of the state border for the first time, and criminal liability for repeated offenses. States such as the Republic of Slovenia and the Republic of Moldova, whose legislation does not provide for criminal liability for illegal entry and illegal stay in the country, consider illegal crossing of the state border exclusively as an administrative offense.
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Brett Taylor, Robert, and Adelyn L. M. Wilson. "Legislating for a Post-Brexit Scotland: Scottish Parliamentary Scrutiny of UK Statutory Instruments on Retained EU Law." Edinburgh Law Review 27, no. 1 (January 2023): 34–63. http://dx.doi.org/10.3366/elr.2023.0809.
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The UK formally left the European Union (EU) on 31 January 2020, and entered a transition period until 31 December 2020 (“IP Completion Day”). Thereafter, EU law was no longer binding on the UK as an international source of law, and was replaced by a domestic equivalent, known as “retained EU law”. One of the questions which arose prior to IP Completion Day was how to correct retained EU law in advance of it taking effect, so that it would operate effectively and avoid a so-called “cliff-edge scenario”. Most of these corrections were made using delegated legislation by the UK Government. This was typically done with the consent of the devolved administrations where retained EU law included policy areas within the devolved competences of Scotland, Wales and Northern Ireland. In Scotland, new processes were introduced to provide the Scottish Parliament with an opportunity to approve such consent being given by the Scottish Government. The purpose of this article is to provide new analysis of the impact of this process and its significance for Scots law and Scottish parliamentary scrutiny, as well as to consider the extent to which the challenges observed with that process have been addressed by the successor process which has been in place since IP Completion Day.
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Cusack, Alan. "Addressing vulnerability in Ireland’s criminal justice system: A survey of recent statutory developments." International Journal of Evidence & Proof 24, no. 3 (May 6, 2020): 280–306. http://dx.doi.org/10.1177/1365712720922753.
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For over a quarter of century Ireland’s statutory special measures framework, as originally enacted by the Criminal Evidence Act 1992, remained largely unchanged, falling beyond the reformative gaze of successive Irish governments. This period of political inertia, however, came to an abrupt end in 2017 when Irish policymakers, motivated by developments at a European Union level, introduced two landmark legislative instruments which promised to reimagine the availability and diversity of Ireland’s store of statutory testimonial accommodations, namely the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017. By interrogating these newly-commenced instruments in light of the experience of crime victims with intellectual disabilities, this paper surveys the current procedural landscape governing the treatment of vulnerable crime victims in Ireland and is intended to go some way towards exposing the embedded evidential barriers which continue to prejudice efforts aimed at securing their best evidence in court.
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Barrett, Gavin. "Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European Union Treaties in Ireland & the Impact of Supreme Court Jurisprudence." European Constitutional Law Review 5, no. 1 (February 2009): 32–70. http://dx.doi.org/10.1017/s1574019609000327.
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Irish legal framework on European referendums – Case-law – Judicial activism – No appropriate legislative reaction – Essential scope or objectives test – Constitutional amendment necessary if test not met – Single Act – Pressure for referendum at each new treaty – Political implications – Positive and negative sides of referendums – Referendum-elites – Government sidelined – Equal access to broadcasting – Issues of equality – Diminished role of political parties
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Green, James I. J. "Medical Device Regulation: Requirements for Dental Professionals Who Prescribe and Manufacture Custom-Made Devices." Primary Dental Journal 10, no. 1 (March 2021): 64–88. http://dx.doi.org/10.1177/2050168420980980.
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A custom-made device (CMD) is a medical device intended for the sole use of a particular patient. In a dental setting, CMDs include prosthodontic devices, orthodontic appliances, bruxism splints, speech prostheses and devices for the treatment of obstructive sleep apnoea, trauma prevention and orthognathic surgery facilitation (arch bars and interocclusal wafers). Since 1993, the production and provision of CMDs have been subject to European Union (EU) Directive 93/42/EEC (Medical Device Directive, MDD) given effect in the UK by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618), and its subsequent amendments. Regulation (EU) 2017/745 (Medical Device Regulation, EU MDR) replaces the MDD and the other EU Directive pertaining to Medical Devices, Council Directive 90/385/EEC (Active Implantable Medical Device Directive, AIMDD). The EU MDR was published on 5 April 2017, came into force on 25 May 2017 and, following a three-year transition period was due to be fully implemented and repeal the MDD on 26 May 2020, but was deferred until 26 May 2021 due to the coronavirus disease 2019 (COVID-19) pandemic. In the UK, in preparation for the country’s planned departure from the EU, the EU MDR, with necessary amendments, was transposed into UK law (Medical Devices (Amendment etc.) (EU Exit) Regulations 2019, UK MDR). The UK left the Union on 31 January 2020 and entered a transition period that ended on 31 December 2020, meaning that, from 1 January 2021, dental professionals in Great Britain who prescribe and manufacture CMDs are mandated to do so in accordance with the new legislation while Northern Ireland remains in line with the EU legislation and implementation date. This paper sets out the requirements that relate to the production and provision of CMDs in a UK dental setting.
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G. Granmar, Claes. "A Reality Check of the Schrems Saga." Nordic Journal of European Law 4, no. 2 (December 30, 2021): 48–65. http://dx.doi.org/10.36969/njel.v4i2.23781.
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From an enforcement point of view, the revocation of the European Commission’s two adequacy decisions on the federal US system of data protection raises many questions regarding the interrelations between the EU data protection regime and the Union’s legal frameworks for data ‘transfers’. Whereas data uploaded in the Union was once upon a time wired over the Atlantic to be downloaded in the US and vice versa, data packets are nowadays often exchanged over various radio spectra. As online resources around the world can be used to store data, and the data is made available and retrieved from domains rather than ‘exported’ and ‘imported’, the idea that the EU data protection regime would no longer apply when data is ‘transferred’ from the Union easily leads astray. In fact, the location of data or data processing equipment is irrelevant for the applicability of EU law as its territorial scope is determined by the location of the data subjects or undertakings concerned. Whereas the EU legislation applies with regard to legal entities overseas with affiliated undertakings in the Union, the Union seeks to guarantee the EU data subjects an adequate level of protection also in cases of onward transfers of data to non-affiliated organisations and unwarranted interceptions. Furthermore, the European Commission promotes a level of protection in non-EU Member States that is essentially equivalent to that enjoyed under the EU data protection regime since the authorities and courts may refrain from applying EU law pursuant to private international law. However, the Cases which resulted in the revocation of the two adequacy decisions concerned an Austrian citizen filing complaints against an undertaking established in Ireland and its US parent company. Hence, it must be called into question whether the EU data protection regime should at all have been substituted by the US system irrespective of whether it provided an adequate level of data protection. An argument could be made that the adequacy decisions applied beyond the substantive scope of EU law, but that brings questions to fore about the competence of the Union to adopt such decisions. In addition, the procedural system introduced in the first Case regarding Mr. Schrems is rather problematic as it requires national authorities and courts to assess the validity of adequacy decisions. Besides the distortion of the right for national courts to request preliminary rulings into an obligation to do so, most data subject are reluctant to get involved in disputes about the entire legal regime. In many instances, the data subject may rather rely on her or his procedural rights as a consumer. In this article, a systematic analysis of these aspects of the EU privacy safeguards is provided.
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Solovei, A. "Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
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Green, James I. J. "Medical Device Regulations and custom-made device documentation: Ten frequently asked questions and their answers." Primary Dental Journal 11, no. 2 (June 2022): 22–31. http://dx.doi.org/10.1177/20501684221101472.
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Dental professionals who practice in the UK must follow the General Dental Council (GDC) Standards, one of which is to “find out about laws and regulations that affect your work and follow them”. Dental professionals manufacture custom-made devices (CMDs) and the legislation that governs these devices has changed. Medical devices manufactured within the European Union (EU) were previously subject to Council Directive 93/42/EEC (Medical Devices Directive [MDD]), which was given effect in UK law by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618 [UK MDR 2002]). Regulation (EU) 2017/745 (Medical Device Regulation [EU MDR]) was scheduled to replace the MDD on 26 May 2020, but this was postponed for one year due to the coronavirus (COVID-19) pandemic. In preparation for the UK’s departure from the EU, the EU MDR was largely transposed into The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (Statutory Instrument 2019/791 [UK MDR 2019]), which amended the UK MDR 2002, and was expected to come into effect on 1 January 2021 but a further amendment, The Medical Devices (Amendment etc.) (EU Exit) Regulations 2020 (Statutory Instrument 2020/1478 [UK MDR 2020]), removed these provisions. As of 1 January 2021, medical devices in Great Britain are subject to either the UK MDR 2002 (as amended) or the EU MDR (until 30 June 2023) while those in Northern Ireland must be manufactured in accordance with the EU MDR. This paper provides the answers to some key questions regarding the documentation that must be supplied with CMDs following these changes.
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Green, James I. J. "Medical Device Regulations and custom-made device documentation: Ten frequently asked questions and their answers." Primary Dental Journal 11, no. 2 (June 2022): 22–31. http://dx.doi.org/10.1177/20501684221101472.
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Dental professionals who practice in the UK must follow the General Dental Council (GDC) Standards, one of which is to “find out about laws and regulations that affect your work and follow them”. Dental professionals manufacture custom-made devices (CMDs) and the legislation that governs these devices has changed. Medical devices manufactured within the European Union (EU) were previously subject to Council Directive 93/42/EEC (Medical Devices Directive [MDD]), which was given effect in UK law by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618 [UK MDR 2002]). Regulation (EU) 2017/745 (Medical Device Regulation [EU MDR]) was scheduled to replace the MDD on 26 May 2020, but this was postponed for one year due to the coronavirus (COVID-19) pandemic. In preparation for the UK’s departure from the EU, the EU MDR was largely transposed into The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (Statutory Instrument 2019/791 [UK MDR 2019]), which amended the UK MDR 2002, and was expected to come into effect on 1 January 2021 but a further amendment, The Medical Devices (Amendment etc.) (EU Exit) Regulations 2020 (Statutory Instrument 2020/1478 [UK MDR 2020]), removed these provisions. As of 1 January 2021, medical devices in Great Britain are subject to either the UK MDR 2002 (as amended) or the EU MDR (until 30 June 2023) while those in Northern Ireland must be manufactured in accordance with the EU MDR. This paper provides the answers to some key questions regarding the documentation that must be supplied with CMDs following these changes.
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Duppati, Geeta Rani, Frank Scrimgeour, and Albert Sune. "Relevance of corporate boards in driving performance in the period that covers financial crisis." Corporate Governance: The International Journal of Business in Society 19, no. 2 (April 1, 2019): 321–38. http://dx.doi.org/10.1108/cg-11-2016-0204.
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Purpose This paper aims to examine the relevance of boards in driving firm level performance. For this purpose, it considers firms listed on Ireland and Spain stock exchanges for the period 2005 to 2014, over a period that includes the global financial crisis. Design/methodology/approach This study uses panel data regression analysis to analyse the effects of board characteristics on performance and also uses alternate model specifications to test the significance of robustness of relationships. Findings The impact of board size on performance is negative and significant for Irish and Spanish firms for the study period. In general, the board independence has a positive effect on the performance of Spanish firms for the complete study period and suggests consistency with the resource dependency theory. Research limitations/implications The analysis suggests that in general, the non-executive and the board size do not affect the corporate performance of Irish and Spanish firms during the financial crisis. The fixed effects model suggests positive effects of gender diversity on performance for Spanish firms, while the random effects indicates negative relationship between gender diversity and performance for Irish companies. Practical implications The evidence on the Spanish firms suggests that female representation on the boards may be critical during the financial crisis Social implications The quota legislation on female board representation in Spain is yielding superior results over the soft law approach by Irish firms during the times of financial crisis period. Originality/value This study contributes to the literature on the corporate governance practices and performance of two countries that were strongly affected by the crisis in the European Union. As governments increasingly contemplate board gender diversity policies, this study offers useful empirical insights on Spanish and Irish firms.
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Delfino, Rossella. "European Union Legislation and Actions." European Review of Contract Law 18, no. 4 (November 28, 2022): 303–8. http://dx.doi.org/10.1515/ercl-2022-2051.
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Irkliienko, Andrey. "A bicameral parliament in the context of forming constitutional democracy." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 136–39. http://dx.doi.org/10.36695/2219-5521.1.2020.26.
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The article analyzes peculiarities of formation of a two-house parliament in the conditions of constitutional democracy. It has been established that parliamentarism, which theoretical origins date back into the doctrines about folk and national sovereignty, is logically connected with the establishment of principles of the supremacy of law and democracy in society and the state, with the implementation of effective mechanisms to guarantee constitutional human rights, as well as with the formation of such institutions that would ensure the most complete and comprehensive conduction of its functions and meeting the needs of society.
Ukrainian parliamentarism has long-standing historical roots. Modern legal scholars consider that there are a few precursors of national parliamentarism. These are Viche democracy and feudal congresses in Kyievan Rus, Cossack councils and Cossack democracy in general, the activities of the Central Rada and even to some extent the “parliamentarism” of the Soviet era. However, the establishment and development of full-fledged national parliamentarism became possible only after Ukraine’s independence in 1991.
It has been summarized that nowadays, comprehensive outspread of the theory and practice of bicameralism should be recognized as one of the most distinctive tendencies of genesis of modern constitutionalism. In the last decades, many countries around the world, regardless their state form of government, have intensified processes of transition to a bicameral structure of a parliament. Even if in the early 70’s of XX century two-house parliaments functioned in 45 countries in the world, in 2008 their number reached 70. Yet, another ten more countries are preparing to switch to the bicameral structure of their parliaments.
Currently, two-house parliaments have ceased to be a tribute of historical traditions of constitutionalism or some “anomaly” of the state legal development of countries, which are united by one legal system. Bicameralism has become a daily political and legal phenomenon for a large number of population of our planet. These are the most economically developed countries of the world that have chosen such a system of parliamentarism at present. Therefore, out of fifteen countries that have the highest indicators of the gross domestic product in the world, only two, that is China and South Korea, have one-house national legislative bodies. It has been recapitulated that the European Union and its member states are gradually asserting bicameralism both in the constitutional theory and in practice. Particularly, two-house parliaments are successfully functioning in such unitary member states of the European Union as Austria, Ireland, Spain, Italy, Poland, Slovenia, Romania, France, the Czech Republic, Switzerland and others.
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Makhamataminovich, Makhamatov Mahmud. "FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION." American Journal of Political Science Law and Criminology 03, no. 01 (January 1, 2022): 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.
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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.
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Gallego, Gorka. "Waste Legislation in the European Union." European Energy and Environmental Law Review 10, Issue 12 (December 1, 2001): 342–50. http://dx.doi.org/10.54648/394999.
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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This first of the articles includes an overview of environmental policy and the law, and the definition of waste.
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Power, Susan. "Pringle v. Ireland (E.C.J.)." International Legal Materials 52, no. 3 (June 2013): 803–28. http://dx.doi.org/10.5305/intelegamate.52.3.0803.
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On November 27, 2012, the Court of Justice of the European Union (ECJ) issued a landmark decision on the question of the compatibility of the European Stability Mechanism Treaty with European Union law. The Court ruled on the following issues related to the permanent bailout fund: the validity of Decision 2011/199/EU adopted by the European Council to amend Article 136 of the Treaty on the Functioning of the European Union (TEFU) in accordance with the simplified revision procedures; whether the European Council exceeded its competence by using the simplified revision procedure under Article 48(6) of the Treaty on European Union (TEU) to establish the stability mechanism in violation of the treaties; the compatibility of the Treaty Establishing the European Stability Mechanism (ESM) with the treaties founding the European Union; and whether Decision 2011/199/EU encroached on the competence of the Union to coordinate economic and monetary policies of the Member States.
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Okuyucu-Ergün, Güne. "Anti-Corruption Legislation In Turkish Law." German Law Journal 8, no. 9 (September 1, 2007): 903–14. http://dx.doi.org/10.1017/s2071832200006040.
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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.
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Gallego, Gorka. "Waste Legislation in the European Union." European Energy and Environmental Law Review 11, Issue 1 (January 1, 2002): 8–15. http://dx.doi.org/10.54648/404904.
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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This second of the articles includes an examination of the transport of waste and liability for environmental damage together with some concluding observations.
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Syngellakis, Anna. "Enforcement of European union environmental legislation." European Environment 5, no. 5 (September 1995): 123–27. http://dx.doi.org/10.1002/eet.3320050502.
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Lähteenmäki-Uutela, Anu, Moona Rahikainen, María Teresa Camarena-Gómez, Jonna Piiparinen, Kristian Spilling, and Baoru Yang. "European Union legislation on macroalgae products." Aquaculture International 29, no. 2 (January 20, 2021): 487–509. http://dx.doi.org/10.1007/s10499-020-00633-x.
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AbstractMacroalgae-based products are increasing in demand also in Europe. In the European Union, each category of macroalgae-based products is regulated separately. We discuss EU legislation, including the law on medicinal products, foods including food supplements and food additives, feed and feed additives, cosmetics, packaging materials, fertilizers and biostimulants, as well as biofuels. Product safety and consumer protection are the priorities with any new products. Macroalgae products can be sold as traditional herbal medicines. The novel food regulation applies to macroalgae foods that have not previously been used as food, and organic macroalgae are a specific regulatory category. The maximum levels of heavy metals may be a barrier for macroalgae foods, feeds, and fertilizers. Getting health claims approved for foods based on macroalgae is demanding. In addition to the rules on products, the macroalgae business is strongly impacted by the elements of the general regulatory environment such as agricultural/aquacultural subsidies, maritime spatial planning and aquaculture licensing, public procurement criteria, tax schemes, and trade agreements.
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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich, and Aleksey Valerievich Sereda. "The EU law and the law of third countries: problems of interaction." SHS Web of Conferences 118 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Юсупова, Зиля. "THE IMPACT OF EUROPEAN UNION ENVIRONMENTAL POLICY ON THE FRENCH LEGISLATION ON ENVIRONMENTAL PROTECTION." Bulletin of the Institute of Law of the Bashkir State University 1, no. 1 (January 1, 2018): 84–90. http://dx.doi.org/10.33184/vest-law-bsu-2018.1.10.
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The development of legislation on environmental protection in France was significantly influenced by the legislation of the European Union. The close interaction of the legal development of its member states led to the formation of a uniform approach to the implementation of environmental activities. Within the framework of the European Community, and subsequently the European Union, seven sectoral environmental programs for the implementation of measures in the field of environmental protection were developed, which consistently replaced each other. The whole set of legal acts of the European Union and the principles of environmental legislation formed on their basis are reflected in the relevant constitutional law of France, namely the Environmental Charter, and in many other legal acts aimed at harmonizing national and European legislation.
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Korhecz, Tamas. "Regulatory activities of the European Union and other states in the international community: The tripartite relationship in the field of private international law." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 106–16. http://dx.doi.org/10.5937/gakv0404106k.
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The subject of the study above, is the relation between the legislation, the normative system of the European Union and European and other states, with or without membership in European Union, especially in the field of international private law. The author, as visiting professor of International Private Law Faculty of law in Szeged, Hungary, with his short presentation of some legal institutes of international private law, comparing the legislation and the case law of the European Unions and European Court and international private law in general with signed and ratified Conventions, Agreements and Contracts of European and non European states, with and without membership in European Union, trying to make conclusions and to point out the problem of the hierarchy of this law in its application.
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Vasylieva, Valentyna, and Anatolii Kostruba. "Corporate law in Ukraine within the framework of approaching the European Union standards." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.
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The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations.
Special attention has been given to define the legal nature of the corporation.
It is concluded that there is no established understanding of the above concepts in national legal science.
The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected.
The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law.
The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
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Herrmann, Christoph W. "Pringle V. Ireland. Case C-370/12." American Journal of International Law 107, no. 2 (April 2013): 410–16. http://dx.doi.org/10.5305/amerjintelaw.107.2.0410.
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In the judgment Pringle v. Ireland, the full Court of Justice of the European Union (Court or ECJ) upheld the validity of the decision of the European Council enabling the simplified amendment of the Treaty on the Functioning of the European Union(TFEU). In its Decision 2011/199/EU, the Council had provided for the establishment of a permanent European Stability Mechanism (ESM) by those member states of the European Union (Union or EU) that had adopted the euroas their common currency and legal tender. The Court also found in this judgment that those member states had not violated EU law by negotiating and concluding the Treaty Establishing the European Stability Mechanism (ESM Treaty). The Court based the latter finding on the long-awaited clarification of the scope and content of the TFEU’s “no-bailout clause” (Art. 125(1)), which had been the subject of intense controversies among legal scholars, in particular in Germany.
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Pankov, Yevhenii, Olha Filipshykh, and Dmytro Boichuk. "Problems of the environmental law of the European Union." Problems of Legality, no. 155 (December 20, 2021): 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Firdovsi Huseynov, Seymur. "DEVELOPMENT OF CONSUMER PROTECTION IN THE EUROPEAN UNION." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 276–79. http://dx.doi.org/10.36719/2663-4619/65/276-279.
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In modern times, the mass of use of non-cash payment and minimizing the shadow economy is the priority targets of the states. As a result, in recent years, states pay more attention to the protection of consumers. In turn, the European Union improves the legislation in the field of protection of consumers. It is useful to learn the dynamics of development of the European Union's legislation in this area and improving local legislation in the future. The article explores the development of the European Union's legislation and ECJ key cases in the field of protection of consumers' rights. Key words: consumer protection, European law, e-commerce, Tobacco case
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Redko, Andriy. "Ukraine – EU: Historical and Legal Analysis of European Integration." Journal of Vasyl Stefanyk Precarpathian National University 4, no. 3-4 (December 29, 2017): 95–102. http://dx.doi.org/10.15330/jpnu.4.3-4.95-102.
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This article analyzes the European integration of Ukraine in the context of the processes of integration and globalization. The main attention is paid to the European Union law and laws of Ukraine and the interaction between them. Two processes have been distinguished: the integration of the legislation in the European Union and the adaptation of the Ukrainian legislation to the EU legislation
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Lefeber, René. "Frontiers of International Law: Counteracting the Exercise of Extraterritorial Jurisdiction." Leiden Journal of International Law 10, no. 1 (March 1997): 1–7. http://dx.doi.org/10.1017/s0922156597000010.
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On 22 November 1996, the Council of the European Union adopted a framework regulation and agreed to joint action to ‘protect’ the interests of the European Union and its citizens against the extraterritorial application of legislation by non-member states. These measures were adopted in response to the extraterritorial application of certain measures by the United States, concerning trade with and investment in Cuba, as well as investment in Iran and Libya. These United States measures apply to all natural and legal persons irrespective of their nationality, residency, or place of activity. Thus, even nationals of a member state of the European Union residing and active in the European Union must comply with the United States measures. The enactment of this legislation marks a new episode in the on-going battle between the United States and the European Union over the frontiers of a state's (or an international organization's) jurisdiction to prescribe. This time, however, the European Union counteracted by the adoption of measures which can partly be characterized as retorsion measures and partly as countermeasures. The adoption of these measures by the European Union raises questions with respect to the legitimacy of the retorsion measures and the legality of the countermeasures.
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Abazi, Vigjilenca. "Whistleblowing in the European Union." Common Market Law Review 58, Issue 3 (June 1, 2021): 813–50. http://dx.doi.org/10.54648/cola2021051.
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The EU Whistleblower Directive, adopted in 2019, shifts whistleblowing in the European Union from a marginal issue to a world leading example of empowering public voices. What explains this shift? The EU Whistleblower Directive cannot be understood without an inquiry into its legislative background. The latter also sheds new light on EU law-making practice, particularly how public participation can have a considerable influence and how the Commission steers legislation, to abide by principles of conferral and subsidiarity, when primary law is silent on its legislative powers. Central in this article is the legal assessment of the EU Whistleblower Directive. The article, however, seeks to go a step further. Drawing on a range of incremental legal developments in whistleblowing, it offers the first sustained account of what it argues has become a field of law of its own – EU whistleblower law.
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Timofeyeva, Liliya. "EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME." European Historical Studies, no. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Schütze, Robert. "‘Delegated’ Legislation in the (new) European Union: A Constitutional Analysis." Modern Law Review 74, no. 5 (August 19, 2011): 661–93. http://dx.doi.org/10.1111/j.1468-2230.2011.00866.x.
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Crossman, Virginia. "Emergency legislation and agrarian disorder in Ireland, 1821–41." Irish Historical Studies 27, no. 108 (November 1991): 309–23. http://dx.doi.org/10.1017/s0021121400018009.
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The repeated use of special legislation to suppress popular disorder in Ireland and the failure to provide any permanent remedy has been a recurrent theme of Irish history. Introducing the Catholic relief bill in 1829, Robert Peel stressed the ‘melancholy fact’ that ‘for scarcely one year, during the period that has elapsed since the Union, has Ireland been governed by the ordinary course of the law’. Catholic emancipation proved no more of a panacea than the Union before it. Ireland, as J.L. Hammond once observed, was ruled under the ordinary law for only five years of the first half of the nineteenth century. Approaching the subject from a slightly different angle, Samuel Clark tells us that governments passed or renewed thirty-five coercion acts between the Union and the Famine. But although this state of affairs has occasioned much comment from historians it has been subjected to little systematic analysis. There has, for example, been no attempt to emulate for the earlier part of the century Townshend’s examination of British policy in response to political violence after 1848. Such a project cannot be attempted in a single article but it is hoped that a brief survey of repressive legislation in the years from 1821 to 1841, and a more detailed look at that aimed at agrarian disturbances will help to fill this historical lacuna.
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Spink, Paul, and Ross Petty. "Comparative Advertising in the European Union." International and Comparative Law Quarterly 47, no. 4 (October 1998): 855–76. http://dx.doi.org/10.1017/s0020589300062564.
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More than 20 years after the measure was first proposed, the European Union has finally succeeded in adopting a directive designed to harmonise disparate national laws relating to the use of comparative advertising in the single market.1 In this article the authors examine the background, rationale and substance of the new legislation, before considering its impact on the current UK law. With a view to the possibility that implementation may contribute to the transatlantic harmonisation of advertising law, the new regime is measured against the liberal benchmark of US case law and recent Federal Trade Commission policy.
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Giżewski, Michał. "Restrictions on Trading in Agricultural Land and European Union law." Studia Iuridica 71 (November 20, 2017): 51–60. http://dx.doi.org/10.5604/01.3001.0010.5813.
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30 April 2016 saw the entering into force of the Act of 14 April 2016 on the Suspension of Sale of Land of the Agricultural Property Stock of the State Treasury and on Amending Numerous Acts . The amendments pertained to, inter alia, the Act of 11 April 2003 on the Formation of the Agricultural System , and introduced a variety of alterations thereto, thus restricting significantly the freedom of trading in agricultural land. This article provides an analysis of conformity of Polish legislation with European Union legislation and also explains the liability of the State Treasury in case of violations of EU law.
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Pantazi, Tania. "Airline Bankruptcy and Consumer Protection in the European Union." Air and Space Law 35, Issue 6 (November 1, 2010): 409–21. http://dx.doi.org/10.54648/aila2010045.
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Airline bankruptcy is a common phenomenon in Europe, especially in the last decade. A sudden interruption of operations is often the result of air carrier’s financial problems or the revoking of its operating license. The liberalization of air transport industry in Europe, along with other factors, has contributed to the increase in the number of airline bankruptcies. Consumers facing airline bankruptcies, however, are not always protected, as there are cases in which passengers were stranded abroad or not compensated because of lack of assets. The existing legal framework of the European Community does not contain any specialized provision, although there is Community legislation on the monitoring of airline finances, travellers’ rights, and insolvency proceedings. This article examines the relevant legal instruments and discusses potential amendments to legislation, such as mandatory insurance or the creation of compensation funds, in order to provide consumers with effective protection against airline insolvency.
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Sudavicius, Bronius. "Budget law of the Republic of Lithuania under the influence of the European Union law." Annual Center Review, no. 14-15 (2022): 22–28. http://dx.doi.org/10.15290/acr.2021-2022.14-15.03.
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The article deals with the question of the impact of the European Union law on budget regulation in the law of the Republic of Lithuania after its accession to the European Union in 2004. The influence of the European Union law on the Lithuanian budget law is twofold - direct when the requirements of the relevant European Union legislation are transposed into national budget law, and indirect, when national budget law is changed during the harmonization of national tax laws with the requirements of the European Union law. As the article deals only with the aspects of direct impact, such questions, as harmonization of annual and medium-term budget planning, changes in the budget planning process, strengthening of fiscal discipline, the requirements of the Stability and Growth Pact and their implementation in national law are analysed in the article.
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Gramatskiy, Ernest. "European integration processes аnd private international law: certain aspects." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 357–61. http://dx.doi.org/10.36695/2219-5521.3.2020.65.
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Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.
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Gramatskiy, Ernest. "European integration processes аnd private international law: certain aspects." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 357–61. http://dx.doi.org/10.36695/2219-5521.3.2020.18.
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Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.
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Surkov, A. N., S. V. Melnik, and E. V. Chernykh. "THE LAW "ON CONSUMER RIGHTS" THE UK: RIGHTS, DUTIES, RESPONSIBILITY." Proceedings of the Southwest State University 22, no. 3 (June 28, 2018): 137–44. http://dx.doi.org/10.21869/2223-1560-2018-22-3-137-144.
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In this article, one of the most urgent topics of the development of legislation on consumer rights protection in the UK is being considered. UK legislation on the protection of consumer rights, especially in connection with the forthcoming withdrawal of Britain from the European Union has a number of features. The law "On the Rights of Consumers", adopted in 2015, made it possible to analyze and highlight a number of features in the field of consumer protection in the UK, namely, the allocation of absolutely new standards applicable to the new type of services-digital content. By researching this topic, the author shows the emerging contradictions between the legislation of the European Union and the United Kingdom in the field of consumer protection, where the UK, against the backdrop of Brexit, analyzing the new Directives adopted by the European Union to retain a single legal space tends to unify the norms of the law "On the Rights of Consumers".
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Regan, Eugene. "Ireland in Europe: A Legal Perspective." International Journal of Legal Information 29, no. 2 (2001): 219–31. http://dx.doi.org/10.1017/s0731126500009392.
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The Member States of the European Union have diverse legal traditions explained in part by the dichotomy of common law and civil law systems. Yet notwithstanding this diversity all Member States have adjusted to the new legal order created by the European Community in accepting the primacy of EC law and the legal principles establishing by the European Court of Justice. This paper examines briefly the Irish experience in making that adjustment.