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1
Tofan, Mihaela, Mihaela Onofrei, and Anca-Florentina Vatamanu. "Fiscal Responsibility Legal Framework—New Paradigm for Fiscal Discipline in the EU." Risks 8, no. 3 (July 21, 2020): 79. http://dx.doi.org/10.3390/risks8030079.
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This paper aims at studying the legal aspects of the European Union (EU)’s fiscal policy, analyzing the statute of fiscal responsibility legal framework, the different measures undertaken in the last years with respect to European trends in fiscal governance and their implications for challenges in public finance sustainability. The research started from the presupposition that there is a lack of mechanisms capable of enforcing the area of public finance sustainability, and the implication of the events that created the economic conjuncture of recent years reveals that the solidity of public finances has reached an impasse and needs to be enhanced. The analyzed documents from the area of fiscal responsibility show formal respect for the legislative framework aimed at consolidating public finance sustainability and accentuate the need to use fiscal laws, independent institutions and mechanisms that put constraints on policymakers and determine them to spend more efficiently, invest more wisely, and obtain better results regarding public finance sustainability. We conclude that future policymaking processes need to consider the consolidation of independent fiscal institutions founded by Fiscal Responsibility Law framework, completed by fiscal rules and, therefore, need to redesign the fiscal risk management process.
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Vyklický, Martin, Petr Man, Rudolf Franz Heidu, and Radek Jurčík. "Qualification Requirements for Foreign Suppliers in Public Procurement – Evidence from the Czech Republic." DANUBE: Law and Economics Review 7, no. 1 (March 1, 2016): 19–39. http://dx.doi.org/10.1515/danb-2016-0002.
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Abstract Qualification requirements for foreign suppliers in Public Procurement (PP) are quite different in each European Union (EU) member state. The most complex requirements for foreign suppliers in the context of public purchases are included in the Czech PP law. The aim of this paper is to make an overview of the problem of qualification requirements for foreign suppliers in the PP law of the CR. Its sub-objectives are the identification and explanation of solutions to the problem in the PP legislation of neighboring countries of the CR that are also members of the EU. The methodological part of the contribution is based mainly on the analysis and critical evaluation of the current state of legal issues relating to the proof of qualification of foreign suppliers in PP orders of the CR; with examples of fairly extensive decision-making practices of the Office for the Protection of Competition and law courts, including the jurisprudence of the European Court of Justice. The paper highlights the unnecessary complexity of qualification requirements that, on purely formal grounds, inhibits submissions of tenders from potential foreign suppliers that would otherwise be able to submit a bid for a public contract without any problems whatsoever. The authors are using and applying a comparative-legal method in the context of the comparison of the PP legislation of neighboring countries of the CR that are also members of the EU. The case study of foreign suppliers bidding for above-threshold public tenders in the CR at the minimum legal requirements of the contracting authority (CA) for proof of qualification, the comparation study with selected EU countries or analysis of the development of the proportion of public contracts awarded to foreign suppliers in 2010–2014 shows that there is legislation uncertainty in EU PP law that should be reduced and simplified on an EC basis.
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Sobieski, Leszek. "E-HEALTH IN THE CONTEXT OF THE SUBSIDIARITY PRINCIPLE. COMMENTS AGAINST THE BACKGROUND OF POLISH LAW." Review of European and Comparative Law 35, no. 4 (June 16, 2019): 27–40. http://dx.doi.org/10.31743/recl.4808.
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In the article an attempt was made to present the assumptions of Polish legislative solutions concerning e-health in the context of one of the basic principles of European philosophical and legal thought – the principle of subsidiarity. The principle of subsidiarity, the essence of which is to leave it to the political communities to carry out tasks for which they can take responsibility, has been incorporated into the legislation of nation states and the European Union, determiningthe identity of European civilisation.
Article 5 of the Treaty on European Union and the Treaty on the Functioning of the European Union and the preamble to the Constitution of the Republic of Poland are an example of the translation of the subsidiarity principle into legal norms. Attention has been paid to the possibility of decentralising and delegating competences to lower levels of public authority in the field of health, using or amending the e-health legislation accordingly. Appropriate division of tasks and competences in the area of health care, taking into account the subsidiarity principle, can be observed at both national and EU level. European Union law recognises the autonomy of the Member States to define national health regulations. On the basis of selected national and EU regulations, a definition of e-health has been proposed, understood as a set of provisions within the health care system regulating the collection, processing of data and provision of health care services in order to identify and optimise the satisfaction of individual and collective health needs as well as to pursue an effective health policy by public authorities. The basic assumptions of key national and EU legal acts are also indicated. On the basis of the solutions adopted in the Act on Health Care Services Financed from Public Funds, the formal possibility of delegating and effective performance of tasks has been demonstrated in the field of health protection by local government units. New information and communication technologies provide the basis for a more complete implementation of the subsidiarity principle in health protection, as they enable the necessary knowledge on the collective and individual health needs at European, national and any other expected level – regional, population, age to be gathered and transferred. They are a tool, previously unavailable, for the precise identification of the needs of separated communities. On the other hand, new technologies can be a tool for communities to meet these needs to the extent that they are able to provide organisational and financial security. The combination of new information and communication technologies with the application of a systematic concept of tasks implementation based on the principle of subsidiarity will allow for a change in the model of health care in Poland.
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Prots, I. "Features of legal regulation of the financial system in the modern world." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 353–58. http://dx.doi.org/10.24144/2307-3322.2022.70.56.
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The article is devoted to the study of complex system analysis of the current state of the financial system and its elements. The current national financial legislation, by-laws and experience of forming the financial system in the European Union are considered. It is noted that the development and implementation of financial policy, the organization of sustainable and stable money circulation in the country is one of the important activities of the state. That is why the issue of the financial system has always, one way or another, been reflected in the constitutions, ie it was and remains one of the objects of legal regulation. As the world economy developed, the relevance and comprehensiveness of its legal regulation gradually increased, growing both in depth and breadth: on the one hand, the number of financial institutions and relations governed by the constitution and other sources of constitutional law increases, and on the other such regulation. In order to understand the points of contact between law and the financial system, the reasons, content and aspects of its legal regulation, it is necessary to try to formulate a general concept of finance and the financial system of the state and its structure. Only on the basis of the analysis of the essence and correlation of the named phenomena it is possible to determine the place and significance of finance in law. There is currently an urgent need for major legal changes regulation of financial and economic relations. Modern financial transformations have covered a wide range of public relations, as evidenced by changes in tax, budget, currency, insurance legislation, banking and credit reforms. However, the reality shows that the improvement of all management systems is taking place in a crisis caused by Russia’s military intervention in Ukraine’s internal affairs, in connection with which the need to use the experience of the European Union is particularly acute. This applies not only to fiscal policy, but also, in particular, issues of taxation, banking, building an effective financial management system, creating an effective structure of financial authorities.
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Fargas Mas, Lluís M. "Consequences of the Implementation of the CCCTB Regime on EU Member States Tax Collection: Will CCCTB Have a Dramatic or Only a Severe Effect on Public Finances?" Intertax 38, Issue 8/9 (August 1, 2010): 394–420. http://dx.doi.org/10.54648/taxi2010045.
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After some years of turbulence surrounding the Common Consolidated Corporate Tax Base proposal, the New European Union Commissioner mentioned in his first speech to the EU Parliament, at the beginning of the year, that one of his objectives was to implement the CCCTB regime ‘as soon as possible’. One of the most critical aspects of the future CCCTB directive is the apportionment formula to distribute the taxable base within the EU Member States and its effects to their tax collection. Currently, the Commission is, using external sources, working on the impact assessment of such implementation. This article, contrary to previous ones, proves, based on potential real cases, that the impact of the CCCTB implementation in MS tax collection would be very substantial and not precisely in incrementing their revenues which would further increase their budgets deficits. This article demonstrates that MS tax collection reduction would be very substantial, even in the order of 100% in certain cases, if CCCTB legislation would be enacted.
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Łacny, Justyna. "The Rule of Law Conditionality Under Regulation No 2092/2020—Is it all About the Money?" Hague Journal on the Rule of Law 13, no. 1 (April 2021): 79–105. http://dx.doi.org/10.1007/s40803-021-00154-6.
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AbstractSome say that the Union is built by moving from crisis to crisis. Crises in the last decade which affected the Union and its citizens concerned, inter alia, public finance (the financial crisis, 2008), migration (2014), public health (the COVID-19 pandemic, 2020) and the rule of law crisis (2018). This paper focus on the latter. It has been noted that some Member States have been happy to receive the benefits of EU membership, specifically the financial ones, while their commitment to European values, including the rule of law (Article 2 TEU), has been lacking. Since many instruments applied by EU institutions to improve this situation have proved rather insufficient, halting transfers of EU funds to these recalcitrant Member States has been touted as the way that might solve this crisis. Accordingly, a draft regulation was put on the table that authorised the EU institutions to suspend EU funds if a Member State is found to be in breach of the rule of law. This draft aimed to make the transfer of EU funds to the Member States conditional upon their continuous respect for the rule of law (and therefore became known as ‘the rule of law conditionality’). This paper comments on this draft as first proposed by the Commission in 2018 (Proposal for a regulation of the European Parliament and of the Council on the protection of the Union budget in the event of generalized gaps in the rule of law in the Member States [COM (2018) 324 final).], amended in 2019 by the European Parliament [European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324–C8-0178/2018–2018/0136(COD)); https://www.europarl.europa.eu/RegData/seance_pleniere/textes_adoptes/provisoire/2019/04-04/0349/P8_TA-PROV(2019)0349_EN.pdf. A draft version of these provisions was presented in von Bogdandy and Łacny (Suspension of EU funds for breaching the rule of law - µ a dose of tough love needed? European Policy Analysis 2020, No 2, p. 1–15, https://sieps.se/en/publications/2020/suspension-of-eu-funds/, 2020).], and finally adopted by the European Parliament and the Council as Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget [Hungary and Poland voted against it and it is expected that its validity will be challenged before the CJEU via an action for annulment (Article 263 TFEU).] (henceforth called ‘Regulation 2020/2092′). This Regulation, containing 29 recitals in the preamble and 10 articles, entered into force on 1 January 2021 (Article 10 Regulation 2020/2092.). In the conclusions of the European Council meeting in December 2020 it was however accepted that it will be applied only in relation to budgetary commitments starting under the new Multiannual Financial Framework (MFF) 2021–2027, including Next Generation EU [Conclusions of the European Council meeting, 10 and 11 December 2020, para I (2) (k) https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf.]. This paper provides the legal characteristics of rule of law conditionality established under Regulation 2020/2092 and aims to determine whether financial incentives can restore compliance with the rule of law in Member States. Or in other words, is it all about the money?
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Ginter, Carri, and Raul Narits. "The Perspective of a Small Member State to the Democratic Deficiency of the ESM." Review of Central and East European Law 38, no. 1 (2013): 54–76. http://dx.doi.org/10.1163/092598812x13274154887303.
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The adoption and ratification process of the Treaty establishing the European Stability Mechanism (ESM Treaty) has produced deep debates about this process and the European Union; about the (lack of a) link between the two; about democratic processes which allegedly have been short-circuited in the rush to a political/financial mechanism; about the rule of law and the rule of finance and expediency.Three decades ago, Estonia was part of a different constellation. Now, a part of the EU for the better part of the last decade, the debate about small versus large, about rules for all and procedures for some raise issues which touch not only Estonia; they are ones which can cross the borders into other economic associations and unions, such as the CIS or the Eurasian Economic Community (EAEC or EurAsEC).The authors of this article seek to address some issues regarding the democratic legitimacy of the ESM Treaty. Several of the legislative choices made in the ESM Treaty have passed without sufficient public debate or transparency. A thesis is presented here that some solutions adopted by the ESM Treaty have a dubious value in the context of EU law as well as in the progress of democratization of the EU. The article pinpoints a shift in the voting powers to the detriment of smaller Member States. Above all, the legal foundations of judicial review by the Court of Justice of the EU (CJEU) are questioned. The article reaches a generalized conclusion that deviation from the current decision processes and standards of democracy can be justifiable only if such a change is supported by the general public.
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Delponte, Ilaria, and Paolo Rosasco. "Sustainable mobility and economic sustainability: the case of the new trolleybus line in Genoa." Valori e Valutazioni 29 (January 2022): 57–78. http://dx.doi.org/10.48264/vvsiev-20212906.
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With over 3.5 billion people currently residing in major cities around the world, the issue of urban mobility is a current issue and is particularly important in European countries where over 75% of the population is concentrated in urban areas. Even today, many of the daily journeys depend on cars and other private motorized vehicles, with a strong impact in terms of air pollution, noise and climate change as in the European Union transport is responsible for a quarter of greenhouse gas emissions. Reducing private transport and making urban transport systems greener and more efficient therefore has important benefits: for the health, climate and prosperity of cities. New models of transport and urban accessibility, increasingly oriented towards environmental sustainability, must therefore be adopted; the choice of the transport solution must be made in relation to not only technical but also economic, social and environmental feasibility. Taking a cue from the Call issued in 2018 by the Ministry of Infrastructure and Transport for the selection of urban mobility proposals that can access the economic resources intended for the enhancement and implementation of rapid mass transport systems provided for by Law no. 232/2016, this contribution deals with the evaluation of three transport proposals hypothesized for the connection between the city center of Genoa (Brignole station) and the district of Prato, along the Bisagno Valley, developed according to the indications contained in the Urban Mobility Plan of the Municipality. In particular, a Cost-Benefit Analysis (CBA) is developed according to the indications given in the Notice and in the Guidelines of the Ministry of Infrastructure and Transport for the evaluation of investments in public works. The objective is to verify the applicability of the CBA tool for assessing the economic and financial sustainability of the solutions analyzed - also in relation to the indications given in the legislation, the transport scenarios configured and the reliability of the results obtained, for the the choice of the transport solution to be adopted. Con oltre 3,5 miliardi di persone che risiedono attualmente nelle grandi città del mondo, il tema della mobilità urbana è una questione attuale ed è particolarmente importante nei paesi europei dove nelle aree urbane si concentra oltre il 75% della popolazione. Ancora oggi, molti degli spostamenti quotidiani dipendono dalle auto e da altri veicoli motorizzati privati, con un forte impatto in termini di inquinamento atmosferico, sonoro e sul cambiamento climatico visto che nell’Unione europea i trasporti sono responsabili di un quarto delle emissioni di gas serra. Ridurre il trasporto privato e rendere i sistemi di trasporto urbani più ecologici e più efficienti presenta quindi dei vantaggi importanti: per la salute, il clima e la prosperità delle città. Nuovi modelli di trasporto e di accessibilità urbana, sempre più orientati verso la sostenibilità ambientale, devono quindi essere adottati; la scelta della soluzione trasportistica deve essere fatta in relazione alla fattibilità non solo tecnica ma anche economica, sociale ed ambientale. Prendendo spunto dal Bando emesso nel 2018 dal Ministero delle Infrastrutture e dei Trasporti per la selezione delle proposte di mobilità urbana che possono accedere alle risorse economiche destinate al potenziamento e alla realizzazione di sistemi di trasporto rapido di massa previste dalla Legge n. 232/2016, il presente contributo tratta della valutazione di tre proposte trasportistiche ipotizzate per il collegamento tra il centro della città di Genova (Stazione Brignole) e il quartiere di Prato, lungo la Val Bisagno, sviluppate secondo le indicazioni contenute nel Piano Urbano di Mobilità del Comune. In particolare è sviluppata l’Analisi Costi-Benefici (ACB) secondo le indicazioni riportate nel Bando e nelle Linee Guida del Ministero delle Infrastrutture e Trasporti per la valutazione degli investimenti in opere pubbliche. L’obiettivo è quello di verificare l’applicabilità dello strumento dell’ACB per la valutazione della sostenibilità economica e finanziaria delle soluzioni analizzate anche in relazione alle indicazioni riportate nella normativa, agli scenari trasportistici configurati e all’attendibilità dei risultati ottenuti, ai fini della scelta della soluzione trasportistica da adottare.
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Korytin, Denys. "Peculiarities of financial state support of small and medium enterprises in ukraine in modern conditions." Law and innovations, no. 4 (36) (December 15, 2021): 135–42. http://dx.doi.org/10.37772/2518-1718-2021-4(36)-20.
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Problem setting. The formation of state policy to support small and medium enterprises (hereinafter - SMEs) requires consideration of global developments in the direction of legal regulation and economic and managerial justification of certain forms of support. In addition, within the globalized market, as well as taking into account Ukraine's desire to approximate national legislation to EU law, it is not possible to create mechanisms to support SMEs without adapting to global standards, that is, mechanisms similar to conventional ones should be invented. Of course, international documents, including the European Charter for Small Enterprises, can be a guide. Analysis of resent researches and publications. Legal analysis of certain means of state support for small and medium enterprises was carried out by such scientists as N. M. Vnukova, S. V. Hlibko, A. M. Lyubchych, I. V. Podrez-Riapolova, A.T. Zavadska and others. At the same time, this paper will analyze the implementation of financial support for small and medium enterprises, taking into account current government programs. The target of research is to conduct a comprehensive analysis of financial support for small and medium enterprises provided by the state, represented by public authorities and local governments, taking into account the principles of European Union law and current national and international programs to support entrepreneurship in Ukraine. Article’s main body. One of the most popular and effective forms of support is state financial support for SMEs. It is noted that the support from the financial and credit system reflects, in fact, the financial and economic relations between the state and market actors on the redistribution of funds. The state program «5-7-9» offers partial compensation of the interest rate on the hryvnia loan in combination with the mechanism of partial credit guarantees to address the problem of lack of collateral and insufficient credit history. The program is implemented by the Ministry of Finance of Ukraine, the Foundation for Entrepreneurship Development (formerly the German-Ukrainian Foundation) through a network of partner banks in partnership with the Ministry of Economy and the Office for Small and Medium Enterprises to prevent, spread and eliminate COVID-19 disease caused by the crown virus SARS-CoV-2, and to prevent and overcome their effects. By analyzing the statistical information of the ten largest banks, it was found that there is no unity in the terms of lending, lending is not within a single program, but for individual loan products of banks, which may differ from each other. Conclusions and prospects of the development. Summarizing the above, it is possible to conclude that the current state policy to support SMEs is characterized by the presence of a significant network of funds. One of the most relevant of these is the provision of soft loans. At the same time, there is insufficient information support for the process of direct provision of this support. In view of this, it should be noted that in order to ensure the economic security of the state, these forms should be used through a system of state bodies and organizations, local governments and organizations that must exist in reality, and electronic (virtual) portals for services should operate in additions to the real ones.
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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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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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Bree, Axel. "The Organisation of Waste Management in the European Union Member States." Journal for European Environmental & Planning Law 2, no. 6 (2005): 478–89. http://dx.doi.org/10.1163/187601005x00471.
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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
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Chalmers, Damian. "Private Power and Public Authority in European Union Law." Cambridge Yearbook of European Legal Studies 8 (2006): 59–94. http://dx.doi.org/10.5235/152888712802731151.
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European union law is currently undergoing a transformation as profound as that forged by the ‘1992’ project which prompted the article by Joseph Weiler of that name. If that project was an intensification and broadening of EC law making, this new transformation is altogether of a more subtle nature. On the one hand, there is a commitment to a drastic reduction in the number of EU laws on the statute book. About one third of Union legislation is to be repealed, recast, modified or simplified. Alongside this, one finds an expansion of pan–European norms. In 2003, the main European standardisation body, CEN, adopted 888 standards. This one year’s work equated to more than were adopted in the whole period prior to the end of 1992. One view might be that this is some ‘retreat by the state’. These types of norms are developed by private actors, and maybe a simple privatisation of the legislative process is taking place. This explanation is unconvincing, however. Studies in other fields have found private law making to be accompanied by more pervasive and further reaching forms of administrative intervention.
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Chalmers, Damian. "Private Power and Public Authority in European Union Law." Cambridge Yearbook of European Legal Studies 8 (2006): 59–94. http://dx.doi.org/10.1017/s1528887000004663.
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European union law is currently undergoing a transformation as profound as that forged by the ‘1992’ project which prompted the article by Joseph Weiler of that name. If that project was an intensification and broadening of EC law making, this new transformation is altogether of a more subtle nature. On the one hand, there is a commitment to a drastic reduction in the number of EU laws on the statute book. About one third of Union legislation is to be repealed, recast, modified or simplified. Alongside this, one finds an expansion of pan–European norms. In 2003, the main European standardisation body, CEN, adopted 888 standards. This one year’s work equated to more than were adopted in the whole period prior to the end of 1992. One view might be that this is some ‘retreat by the state’. These types of norms are developed by private actors, and maybe a simple privatisation of the legislative process is taking place. This explanation is unconvincing, however. Studies in other fields have found private law making to be accompanied by more pervasive and further reaching forms of administrative intervention.
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Vuongova, Andrea. "Limitation of public debt on the verge of financial crisis." Financial Law Review 20, no. 4 (2020): 105–17. http://dx.doi.org/10.4467/22996834flr.20.023.13095.
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The foretaste of the financial crisis raises the question of the functioning, application and enforcement of measures to ensure sound and sustainable public finances. The limitation of public debt was enshrined in law in the Czech legal system in 2017, and in April of this year one of the established fiscal rules was amended. The aim of this article is to critically analyze the adjustment of the public debt limitation that has been undertaken in the context of the current crisis caused by the spread of COVID-19. The introduction of the article will describe the European and Czech context of the limitation of public debt and setting budgetary responsibility. Subsequently, the article briefly summarizes the effects of the coronavirus crisis on the implementation of the state budget and, consequently, the justification for the legislative change of the set fiscal rule. The methods used in the article are mainly the method of literary research relevant sources, the method of description of the limitation of the public debt regulation in European union and in passages describing the current state of budgetary responsibility rules. Method of evaluation appears in the parts of the work evaluating the legislative adjustments to budgetary responsibility rules due to the coronavirus crises.
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Duttle, Thomas, Katharina Holzinger, Thomas Malang, Thomas Schäubli, Frank Schimmelfennig, and Thomas Winzen. "Opting out from European Union legislation: the differentiation of secondary law." Journal of European Public Policy 24, no. 3 (April 4, 2016): 406–28. http://dx.doi.org/10.1080/13501763.2016.1149206.
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Kashkarov, A. A., and A. A. Kashkarov. "CRIMINAL LAW PROTECTION OF THE STOCK MARKET IN THE STATES OF THE EUROPEAN UNION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 2 (2022): 147–51. http://dx.doi.org/10.37279/2413-1733-2021-7-2-147-151.
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The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.
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Kozień, Adam, and Natalia Kozłowska. "Harmonization and Deharmonization of Excise Duty in the European Union as Contemporary Challenges of the EU Tax Law." WSEAS TRANSACTIONS ON BUSINESS AND ECONOMICS 19 (March 17, 2022): 815–24. http://dx.doi.org/10.37394/23207.2022.19.71.
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In order to ensure the effective functioning of the EU internal market, in particular the exercise of its freedoms, it is necessary to harmonize indirect taxes at the level of European Union law. This harmonization also covers excise duty. At the same time, when analyzing the harmonization of excise duty in the EU Member States, certain gradually emerging differences can be noticed at the level of national legislation. As a consequence, it should be considered whether they are the beginning of deharmonization processes and strengthening the tax sovereignty of EU Member States, which may become a major challenge for the tax law of the European Union overtime. The article discusses the idea of indirect tax harmonization at the European Union level, indicates the specificity of the harmonization of excise duty, presents contemporary deharmonization tendencies of excise duty in European Union law, as well as presents contemporary challenges related to the issue of excise duty in European Union law. The analysis of this issue was based on the following research methods characteristic for legal sciences: theoretical-legal, formal-dogmatic, literature criticism and comparative-legal method. Using these methods, it was concluded that there are contemporary deharmonization tendencies in the field of excise tax which are connected with legal, political, economic, financial, social, cultural and ecological conditions. Moreover, it has been noted that although the de-harmonization tendency is not yet universal, it is slowly affecting the functioning of the common internal market in the European Union. The problem of excise duty de-harmonization noticed by the authors of this article is a challenge for common economic and legal turnover in the European Union. The aim of the article is to analyze the harmonization and deharmonization trends in excise duty from the perspective of the European Union law, as well as to identify challenges for the EU legislation in this area.
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Harden, Ian. "The Revision of Regulation 1049/2001 on Public Access to Documents." European Public Law 15, Issue 2 (May 1, 2009): 239–56. http://dx.doi.org/10.54648/euro2009018.
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Regulation 1049/2001 governs the fundamental right of citizens and residents of the European Union to have access to documents held by the EU institutions. Adopted at a political conjuncture favourable to transparency, it has proven itself to be an effective piece of legislation. The Commission has put forward proposals for revision of the Regulation. Some of the proposals are clearly justifiable, but others would represent a step backward for transparency, especially in the light of recent case law of the community courts. The European Parliament seems likely to put forward its own more ambitious plans in the run up to the 2009 European elections.
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Faeh, Andrea. "Obesity in Europe: The Strategy of the European Union from a Public Health Law Perspective." European Journal of Health Law 19, no. 1 (2012): 69–86. http://dx.doi.org/10.1163/157180912x615149.
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Abstract In 2007 the European Commission published a White Paper on a “Strategy on nutrition, overweight and obesity”, proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.
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Košovská, Iveta, Ivana Váryová, Alexandra Ferenczi Vaňová, and Renáta Krajčírová. "The Public Administration Accounting in the Light Public Finance Managements Reform and Changes of the New Accounting Directive of the European Parliament and the European Council." Acta Regionalia et Environmentalica 11, no. 2 (December 1, 2014): 71–75. http://dx.doi.org/10.1515/aree-2014-0012.
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Abstract The role of public administration accounting is to secure a database of relevant information essential for the management of public finances and need for presenting of operations results of our country within the European Union (EU). The accounting of public administration entities should provide a true and fair view on the assets and liabilities, as well as the financial situation and the use of public appropriations. After the entry of the Slovak Republic (SR) to the European Union (EU) the International Public Sector Accounting Standards began to be applied in our legislation. They provide a uniform basis for the data consolidation as well as more efficient information for the economic decisions of individual users
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Gaveika, Artūrs. "LEGAL PRINCIPLES OF THE CREATION OF THE INTERNAL AND EXTERNAL BORDER OF THE EUROPEAN UNION." Latgale National Economy Research 1, no. 4 (June 23, 2012): 113. http://dx.doi.org/10.17770/lner2012vol1.4.1827.
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The proposed theme is topical from the perspective of state and public security as well as the perspectives of the law enforcement institutions tasks in regard to the Schengen Area. Tasks of law enforcement institutions should be based on harmonized international legislation as well as the Latvian and the European Union legislation. Taking into account the socio–economic development level, the small size and quantity of the population in the Republic of Latvia, law enforcement institutions can not afford to tolerate any mistakes in the control of migration process. Such mistakes are not permissible since in 2012 Latvian law enforcement institutions will have to prove the Schengen evaluation committee the ability to implement the Schengen acquis requirements on free movement of persons. The research was done during 2007 and 2012. The research emphasizes the fact that further strengthening of the status of Latvia in the European Union and the Schengen Area is possible upon the improvement of legislation, harmonization of basic concepts in legislation and terminology, standardization of the practice of law according to uniform internationally accepted principles in the context of internal and external borders legislation.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Alonso, Patricia Dominguez, and Jose Antonio Moreno Molina. "Environmental Protection And Public Procurement." International Business & Economics Research Journal (IBER) 13, no. 8 (January 13, 2015): 1631. http://dx.doi.org/10.19030/iber.v13i8.9061.
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European Union law has decisively influenced the development and recent evolution of national legislation on environment and on public procurement. One of the most important objetives of European Directives on public procurement have been to introduce environmental protection. But the principles of objectivity, transparency, publicity and non discrimination must be respect in all cases. These principles constitute at present the foundation of all public rules on procurement and are characterized by their transversality as they cover and are manifest in all stages of the contract, preparation and performance.
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Pokrzywniak, Jakub. "Consumer protection under Polish private law." Pravovedenie 65, no. 2 (2021): 236–47. http://dx.doi.org/10.21638/spbu25.2021.207.
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This article discusses the provisions of Polish private law that grants protection to consumers. Particular attention is paid to contract law, but the impact of public law regulations for the provisions of civil law is also taken into consideration. The author presents a number of legal instruments used by Polish law in order to protect consumers in their dealings with merchants and analyzes the main features of consumer protection law in Poland. The influence of European legislation on Polish regulations is also discussed. It goes without saying that Polish consumer protection legislation has to be in line with EU directives. As is known, the protection of consumers plays an important role in EU legislation. The Polish lawmaker has the duty to implement European directives properly and timely into national law. Many Polish regulations regarding consumer protection seem to be a certain kind of translation of European directives. This is the simplest but probably the riskiest method of transposing EU law because it may lead to inconsistencies with national regulations. Although sometimes it seems to be forced by a tight timeline. At the same time, the general competence of the European Union for enacting consumer protection law as a part of civil law is lacking. This is due to the fact that the six founding Member States of the European Economic Union deemed law of contracts as part of the European Treaties to be redundant, since the legal systems of the states — founders of the Union, all based on Roman Law, should already provide a mutual understanding. It is obvious that the consumer needs protection in his/her dealings with merchants as he/she is a weaker party to the transaction. This weakness stems mainly from a lack of information and poor bargaining power. The consumer will never be a real partner in negotiations with a bank, a utility company or an airline.
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Bodnar, Tatyana V., Viktoria V. Reznikova, Nino B. Patsuriia, Valeria V. Radzyviliuk, and Iryna M. Kravets. "Accounting and financial reporting of economic entities: adaptation of Ukrainian legislation to the standards of the European Union." Law and Financial Markets Review 14, no. 1 (May 17, 2019): 22–28. http://dx.doi.org/10.1080/17521440.2019.1612629.
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Hrnčiříková, Miluše, and Lucia Valentová. "RECOGNITION OF SURNAMES IN CZECH LEGISLATION AND JUDICATURE." Review of European and Comparative Law 29, no. 2 (June 15, 2017): 9–32. http://dx.doi.org/10.31743/recl.4265.
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There are more thent 13 milion EU citizens livinig outside of the country of their nationality and the recognition of their legal status, incl . their names and surnames, is often essential for the maintenance of their personal and cultural identity . This article focuses on the allowed form and recognition of surnames of natural persons in the EU . This question will be examined within the Czech legal system, but the emphasis will be placed on the case-law of European courts that greatly affects and shapes this area of law in the EU member states . The regulation of surnames represents questions of the national, international and European law, as well as privat law, public law and primary and secondary Union law
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Stawiński, Michał. "Ewolucja celów polskiego prawa zamówień publicznych od okresu międzywojennego do współczesności." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 20 (September 20, 2017): 51–63. http://dx.doi.org/10.19195/1733-5779.20.4.
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The evolution of the objectives of Polish public procurement law from the interwar period to the present-dayThe article presents the evolution of the objectives of public procurement law in Poland from interwar period to present-day. Especially, the article shows an important influence of European Union legislation on the legal regulation of public procurement and its objectives.
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Raunio, Tapio. "Always One Step Behind? National Legislatures and the European Union." Government and Opposition 34, no. 2 (April 1999): 180–202. http://dx.doi.org/10.1111/j.1477-7053.1999.tb00477.x.
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NATIONAL PARLIAMENTS ARE CENTRAL ACTORS IN THE SCRUTINY AND implementation of European Union (EU) legislation. Member state legislatures provide a channel for incorporating public opinion into the governance of the Union. Their importance has become more evident during the 1990s as debate has focused on the democratic deficit and deparliamentarization of European governance.National parliaments are involved in EU decision-making in three ways: they 1) participate in national policy formulation on Union legislation; 2) monitor the behaviour of member state representatives in the Council of Ministers and the European Council; and 3) have functions specifically regulated in the treaties, such as ratification of treaty amendments and implementation of directives. The third function differs from the first two as the treaties impose rights and duties on the national parliaments, whereas there is no EU law on national policy formulation on Union legislation or on the scrutiny of ministers. During the 1996-97 Intergovernmental Conference (ICC) the member states saw no need for such European-level regulation. Thus it is up to each national parliament – within the limits set by member state constitutions and other constraints – to decide how it deals with the challenges brought by EU membership.
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Vojković, Goran, Neven Grubišić, and Lea Vojković. "Public and Private Ports in Croatian Law." PROMET - Traffic&Transportation 28, no. 3 (June 24, 2016): 215–24. http://dx.doi.org/10.7307/ptt.v28i3.1819.
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Existing classification of the Croatian seaports does not fit the level and meet the needs of the economic development of the Republic of Croatia, particularly after the Republic of Croatia joined the European Union. Equalizing public service offered by a port with the purpose of the port itself (general purpose – port open for public traffic, special purpose – port not open for public traffic) limits the economic development and aggravates the implementation of the basic market policies of the EU. Therefore, modernisation of the basic classification of ports in the Croatian legislation is suggested. Basic categorization of ports should be as follows: public service ports, private service ports and private ports for private needs of an entrepreneur.
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Otradnova, Olesia. "Principles of European Tort Law (PETL) and Their Impact on Approximation of Ukrainian Tort Law to European Standards." Studia Iuridica 71 (November 20, 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5824.
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Ukraine has chosen its way of development towards Europe, European values and respect for human dignity and human rights. The signing of the Association Agreement in 2014 obliged Ukraine to harmonize its legislation in priority spheres of life with the legislation of the European Union. But legislative approximation should touch not only upon the fields of public law, but private law too and, in particular, tort law. The main problem of tort law approximation is that there are no joint tort rules in the EU. All attempts to harmonize tort law stopped at the creation of acts of “soft law” – general non-binding rules and principles. One of the most significant examples is the PETL – the Principles of European Tort Law. The PETL show a modern understanding of torts, spell out the conditions of tort liability, as well as other relevant requirements. Ukrainian rules of tort law do provide protection of a victim’s violated rights, however some recommendations of the PETL, such as provisions governing the conditions of tort liability, the understanding of causation and fault should be taken into account when Ukrainian tort law is modernised.
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Kozych, I. V. "Criminal law policy in the field of protection of journalists: European experience." Actual problems of improving of current legislation of Ukraine, no. 59 (June 30, 2022): 122–31. http://dx.doi.org/10.15330/apiclu.59.122-131.
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In the article, the author pays attention to the study of the main trends of the legislation of the European Union regarding the prevention of offenses committed against journalists in the context of their implementation in domestic legislation. It was established that the protection of journalists was recognized as one of the basic priorities of the EU’s criminal law policy for 2022. Under current EU law, public authorities are required to protect freedom of expression and the safety of journalists by providing an appropriate legal environment, taking criminal offenses against journalists seriously, severely prosecuting those responsible for any attack, and ensuring proper investigation and follow-up, including the application of effective , proportionate and convincing sanctions.
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KAEDING, MICHAEL. "Determinants of Transposition Delay in the European Union." Journal of Public Policy 26, no. 3 (October 30, 2006): 229–53. http://dx.doi.org/10.1017/s0143814x06000547.
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Europeanization involves the transposition and implementation of European legislation in EU member states. Whereas EU policy implementation is explicitly recognized as the responsibility of the member states, the new emphasis on benchmarking recognizes that different implementation strategies can be beneficial, provided the outcome is appropriate. New data representing the full EU transport acquis from 1957 to 2004 and the national transposition instruments derived from data bases for Germany, Greece, the UK, Spain and the Netherlands show that only 39 per cent of the acquis was transposed in time. Why do member states not transpose EU directives on time? Logistic and multinomial logistic analysis explains this in terms of the level of complexity of EU directives; the use of national legal instruments that include considerable de facto veto players; and the shorter the transposition time set in the directive, the more delayed the transposition process.
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Harvey, Darren. "Federal Proportionality Review in EU Law: Whose Rights are they Anyway?" Nordic Journal of International Law 89, no. 3-4 (November 12, 2020): 303–26. http://dx.doi.org/10.1163/15718107-89030003.
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Abstract The principle of proportionality has always operated as a means of protecting individuals from excessive uses of public power. When situated alongside the principles of conferral and subsidiarity, proportionality also possesses a federal dimension. In this guise, the principle limits the intensity of EU intervention in order to protect national regulatory autonomy. This federal element of proportionality has featured in recent Court of Justice of the European Union (cjeu) cases. For example, Member States have challenged European Union (EU) legislation for imposing disproportionate social and economic costs in their particular States. This article considers whether individuals can similarly challenge EU legislation for disproportionately interfering with the regulatory autonomy of the Member States? Having considered this question from the perspective of US federalism, it is argued that individuals are actually articulating “Member States’ rights” in such cases. In so doing, attention is drawn to the question of whose rights and interests are really being articulated and balanced in these disputes.
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Křepelka, Filip. "Transformations of Directives into Regulations: Towards a More Uniform Administrative Law?" European Public Law 27, Issue 4 (December 1, 2021): 781–806. http://dx.doi.org/10.54648/euro2021038.
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In the last two decades, the European Union (EU) legislative institutions transformed dozens of directives into regulations. The General Data Protection Regulation (GDPR) is the most familiar, even to the general public. For various reasons, however, EU legal scholars discuss these transformations sporadically. Framework nature justified the existence of directives. However, EU directives gradually become detailed, narrowing the margin of appreciation exercised by the Member States. We suggest a favourable view of such expansion of uniform frameworks, ranked to the administrative/public law addressing various economic activities in most cases. Transformations reduce the complexity of directives and national law implementing them. Decreasing expenditures and lesser effort in implementation, increased transparency, streamlining of interpretation could result from these transformations. Preference for regulations can enhance both efficiency and legitimacy of supranational policies of the EU shattered with multiple crises. However, prevailing decentralized enforcement of EU law requiring supplementing national legislation together with the EU multilingualism resulting in discourses separated by language barriers limit the advantages of regulations as supranational statutes. At the moment, there is no consensus on the desirability of these transformations. Further discussion is needed. the European Union, Directives, Regulations, Legislation, Supranationality, Statutory law
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Bojar-Fijalkowski, Tomasz. "Reflections On Crossing The Boundaries Between Public And Private Law In Implementing The “European Green Deal."." Administrative and Environmental Law Review 2, no. 2 (December 31, 2021): 91–106. http://dx.doi.org/10.25041/aelr.v2i2.2397.
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Climate change brings new challenges to the world. With its high environmental standards, the European Union is one of the most active players in global climate action. We are currently witnessing an extremely rapid process of transforming the political doctrine of the European Union into hard-law standards legal system. The so-called "European Green Deal" implements ideas of sustainable development in the area of, among others, energy, waste, but also transport, construction and electronic equipment sectors. One of the instruments for implementing the "European Green Deal" is the "Circular Economy", which, using European Union law, profoundly interferes with the economic freedoms of entrepreneurs but also consumers. Observing these activities can be interesting, especially when viewed from a certain distance and critical perspective. This text is devoted to analysing selected regulations constituting the currently created "European Green Deal" and its agenda. It also aims to indicate regulations interference in the sphere of private law, which has not yet been so much the domain of environmental law. The author presents a hypothesis on a gradual transgression of the traditional boundary between public and private law or the blurring of that boundary in the case of recent environmental legislation of the European Union.The dogmatic-legal analysis applied to the currently binding regulations for a fuller understanding also requires the application of the historical-legal method to earlier regulations. Their joint application makes it possible to indicate the direction of the new law dedicated to implementing the newest environmental-legal doctrine of the European Union. The layout of the study was subordinated to this aim, as well as its structure. The study is based on national and international literature on business law, environmental law and administrative law. Legal status up to date as of 31.07.2021.
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Faeh, Andrea. "Giving Information on Medicinal Products to the General Public — In Search of a Definition to Safeguard the Patient." European Journal of Health Law 21, no. 2 (March 31, 2014): 176–95. http://dx.doi.org/10.1163/15718093-12341313.
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Abstract Information on medicinal products is vital for enabling patients to give informed consent to the use of a specific product. Within the European Union (eu) the debate about how much information about prescription-only medicinal products should be made available to patients has gone on for the past five years with no definite conclusion yet. This contribution assesses the current legislation and the ongoing debate in order to identify the challenges and the prospect of new legislation, and consider its potential implications for the scope for advertising and for patient safety.
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Ivanova, Albena. "The Impact of the Case-Law of the Court of Justice of the European Union in the Field of Public Procurement." International conference KNOWLEDGE-BASED ORGANIZATION 24, no. 2 (June 1, 2018): 189–93. http://dx.doi.org/10.1515/kbo-2018-0088.
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Abstract The article examines the case-law of the Court of Justice of the European Union on Public Procurement issues. On the one hand, the paper analyzes the control exercised by the Court in this area while the Member States implement the Public Procurement Directives by transposing them into national law or by administrative practice which is subject to judicial review. The Court's control is executed through the interpretation of provisions and through actions taken by the European Commission against Member States for breaches of EU law in the area of Public Procurement. On the other hand, in the references for a preliminary ruling, the Court of Justice of the EU defines some basic terms, such as 'public procurement' (at Union level), a contractor, a minimum threshold, etc., and affirms the key principles that must be respected for the fulfilment of Public Procurement objectives such as transparency, competition and equal treatment. The article aims to show the contribution of the case-law of the Court of Justice of the European Union to the development and uniform application of Public Procurement legislation in the Member States and facilitates the functioning of the Internal market
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Marczak, Jarosław, and Natalya Uvarova. "The Kazakhstan-European Union Partnership: Modernization of the Republic’s Financial System." DANUBE: Law and Economics Review 7, no. 4 (December 1, 2016): 229–41. http://dx.doi.org/10.1515/danb-2016-0015.
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Abstract This study examines the issue of the modernization of the Kazakh financial system considering the new, Enhanced Partnership and Cooperation Agreement with the European Union (EU) (January 19, 2015) and the Kazakh State program “Path to Europe, 2009–2011”. It describes new opportunities for the establishment of a long-term partnership and cooperation between Kazakhstan and the EU for the restructuring of Kazakhstan’s financial system and its convergence with international standards and European regulations. Specifically, this study covers the financial policy and the objectives of the Republic’s financial sector management; legislation regulating the financing activity of business entities, particularly its transparency and accessibility to foreign investors; contradictions between the legal framework of the state on financial relations and international standards, European directives, conventions, and recommendations; and the security of financing activities of European companies. This study employs general scientific methods (theoretical analysis and generalization, comparative legal, logical, etc.) and the functional approach.
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Kranenborg, Herke. "Access to documents and data protection in the European Union: On the public nature of personal data." Common Market Law Review 45, Issue 4 (August 1, 2008): 1079–114. http://dx.doi.org/10.54648/cola2008072.
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If one of the EU Institutions is asked by a citizen to disclose a document which contains personal data, a difficult and sensitive situation can arise. The person asking for the information invokes his or her right of access to documents, while the Institution is obliged to respect the right to data protection of the person to whom the information in the document relates. Two fundamental rights can lead to opposing claims. How this collision can be solved is the focus of this article. It appears that the current legislation in which the right to public access to documents (Regulation 1049/2001) and the right to data protection (Regulation 45/2001) are elaborated does not sufficiently address this possible collision. Although in November 2007 the Court of First Instance has clarified the legal framework to a certain extent, in the judgment in the so-called Bavarian Lager case, questions still remain. It is therefore argued that the legislation should be changed in this respect. Inspired by examples from national legislation and case law from the European Court of Justice as well as the European Court of Human Rights a concrete proposal is developed, which is timely since the Regulation on access to documents is currently under revision.
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Marco, GEMMER, and Bo XIAO. "Air Quality Legislation and Standards in the European Union: Background, Status and Public Participation." Advances in Climate Change Research 4, no. 1 (May 8, 2013): 50–59. http://dx.doi.org/10.3724/sp.j.1248.2013.00050.
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Dougan, Michael. "Addressing Issues of Protective Scope within the Francovich Right to Reparation." European Constitutional Law Review 13, no. 1 (February 15, 2017): 124–65. http://dx.doi.org/10.1017/s1574019616000390.
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EU Law – Member State liability in damages – Issues of protective scope about exactly which individuals/interests are protected – Conditions for Member State liability – Intention to confer rights criterion – Tendency towards a ‘checklist’ approach by the Court of Justice of the European Union – Potential implications for scope of Member State liability – Finding appropriate balance between protecting individuals and punishing public bodies – Example of free movement rights – Example of environmental legislation – Example of employment legislation
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Jędrzejczak, Maria. "Współpraca z obywatelami podczas wydawania aktów legislacji administracyjnej – perspektywa polska i unijna." Acta Iuridica Resoviensia 35, no. 4 (2021): 117–29. http://dx.doi.org/10.15584/actaires.2021.4.9.
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The study presents one of the forms of civic participation in issuing acts of administrative legislation, which is public consultation. This issue has received a lot of attention in the European Union law, by setting specific standards for conducting public consultations. These standards have been referred to the Polish legal system. The conclusions indicate that not all of them can be fully realized.
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Szymańska, Agata. "National fiscal frameworks in the post-crisis European Union." Equilibrium 13, no. 4 (December 31, 2018): 623–42. http://dx.doi.org/10.24136/eq.2018.030.
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Research background: The latest economic and financial crisis has seriously injured European Union Member States, affecting the condition of their public finances. In the face of the crisis, the EU made a special effort to increase the effectiveness of national fiscal frameworks, e.g. by improving the compliance with legislation. The post 2009 reforms were aimed at providing a solid economic foundation for the national fiscal frameworks, especially in the high-debt euro area countries.
Purpose of the article: The goal of this research is twofold. Firstly, it aims to provide an outline of the national fiscal governance in the EU. Secondly, the paper analyzes the changes in the core measures of fiscal governance in the EU between the crisis period and the year 2016 (due to the latest available data) and investigates the similarities in the progress made by the 28 EU countries in restoring balance in public finance.
Methods: To achieve the goal, the literature review and the analysis of core elements of national fiscal frameworks are provided. In the empirical section the grouping method for all 28 EU countries based on the Ward's agglomerative hierarchical clustering method is employed. The study uses data derived from the AMECO database (in the case of fiscal data) and the European Commission thematic data for quality indexes of particular elements of fiscal governance (numerical fiscal rules, medium-term budgetary frameworks and independent fiscal institutions).
Findings & Value added: This paper contributes to the literature by, on the one hand, attempting to analyze changes in main fiscal governance measures and, on the other hand, by assessing their link with public finance through employment of the agglomerative clustering method. Based on the results, the conclusion about the importance of the improvement in fiscal frameworks is provided. The analysis shows that countries with better national fiscal framework achieved better results in public finances regardless the macroeconomic conditions.
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Rastorhuiev, Oleksandr, Petro Makushev, Alla Pukhtetska, Andriy Hridochkin, and Irina Smaznova. "Protection of Human Rights and Freedoms in the Administrative Proceedings of the European Union." Hasanuddin Law Review 7, no. 3 (November 24, 2021): 210. http://dx.doi.org/10.20956/halrev.v7i3.3215.
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Since there is a problem of forming a system of modern doctrinal knowledge on protection in administrative proceedings by individuals of their rights violated in public relations, the topic under research becomes relevant. The justice in national administrative cases requires qualitative improvement taking into account European experience. The purpose of the research is to form a uniform judicial enforcement in the field of public relations, establish the rule of law, and provide fair justice. The methodological basis of this study is a set of general scientific (dialectical, analysis, and synthesis), as well as special legal (historical, comparative law, consideration and interpretation of legal norms, formal-logical) methods of scientific knowledge. The practical significance of the obtained results is that the formulated theoretical provisions, proposals and recommendations can be used: in research to conduct further research on the problems of administrative proceedings in Ukraine, ways and means of effective protection of subjective rights of individuals; in law-making for further improvement in accordance with European principles of national legislation; in the law enforcement practice of judges of administrative courts of Ukraine for consideration and resolution of public law disputes, in the protection of their rights in administrative judicial specialization by citizens and legal entities.
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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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Vivcharenko, O. A. "Constitutional And Legal, Protective Function Of Lands In Ukraine At The Present Stage." Actual problems of improving of current legislation of Ukraine, no. 54 (November 30, 2020): 67–74. http://dx.doi.org/10.15330/apiclu.54.67-74.
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The article is devoted to the legal regulation of public relations regarding land protection and its protection function, is based on the creation of a regulatory framework in Ukraine, which defines legal norms in the field of land rights, property and other land rights, based on European standards focused on priority of land protection. Formation and improvement of legal regulation of relations on land protection belongs to the priority areas of adaptation of Ukrainian legislation to European Union legislation, defined by the Law of Ukraine «On National Program of Adaptation of Ukrainian Legislation to European Union Legislation», which is designed to form and improve new regulation relations regarding land plots, ensuring responsibility and harmonization with the legislation at the present stage.
The legislation of Ukraine establishes the powers of the subjects of national security. The President of Ukraine, as the Supreme Commander-in-Chief of the Armed Forces of Ukraine, the Chairman of the National Security and Defense Council, exercises general leadership in the spheres of national security and defense of Ukraine. The Verkhovna Rada, within the powers provided by the Constitution of Ukraine, determines the principles of foreign and domestic policy, national security, forms the legal framework in this area, approves decisions on the imposition of state of emergency and martial law, mobilization, general structure, size of the Armed Forces of Ukraine and other military formations created to the laws of Ukraine.
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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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Silbermann, Eva L., and Riidiger Rubel. "Road Planning in Europe - a Case Study (Part I)." Journal for European Environmental & Planning Law 3, no. 6 (2006): 519–34. http://dx.doi.org/10.1163/187601006x00164.
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AbstractThe free movement of goods, persons and services — at once the base line and the guiding principle of our united Europe — would be unthinkable without an effective network of transport routes. The planning of a road is much more than simply a technical exercise. It incorporates political, economic, legal and ecological aspects and is increasingly influenced by European environmental legislation. As a result planning law is a highly complex subject in all the Member States of the European Union. For these reasons the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union has recently compiled a general report on national planning procedures in the EU. Particular emphasis was placed on the administrative and judicial process, the forms and evaluation of public involvement and the implementation of European environmental legislation such as the Habitats- and Birds-Directives' as well as the Directives on Ambient Air'. The report shows that the influence of Community law has led to a certain harmonisation in the decision-making process and increased the environmental awareness of the parties involved. Furthermore it provides an interesting insight in the different methods of acceleration and facilitation which have been tested by the Member States since the time-consuming nature of planning procedures is a major problem in all legal orders.