To see the other types of publications on this topic, follow the link: International law and municipal law – European Union countries.
Journal articles on the topic 'International law and municipal law – European Union countries'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'International law and municipal law – European Union countries.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Kiss, Emőke, Dániel Balla, and András Donát Kovács. "Characteristics of Climate Concern—Attitudes and Personal Actions—A Case Study of Hungarian Settlements." Sustainability 14, no. 9 (April 24, 2022): 5138. http://dx.doi.org/10.3390/su14095138.
Full textAbstract:
This article discusses one of the most important social factors of climate protection: climate concern. Most research in this area focuses on North America and Western Europe or presents international comparative statistics. Our work is innovative because we have designated a lesser-known post-socialist region in East-Central Europe as a sample area, and we intend to conduct in-depth analyses at the municipal level. Our study describes the second largest city in Hungary, Debrecen, and its agglomeration. Based on a questionnaire survey in 2020 (N = 512), we examined opinion factors, and we have presented features consistent with or different from the findings in the relevant literature. In the statistical analysis, chi-square tests and binary logistic regressions were applied to reveal significant differences between the responses of different types of respondents. As response variables, we used the questions about general concerns regarding air pollution, knowledge about climate change, beliefs about tackling, perceived threat, behavioural responses, personal actions, and demography. We found that the concern about air pollution and a feeling of threat to respondents’ life was mainly affected by the degree of climate concern. We conclude that the knowledge of local communities on climate change has increased, and risk perception has improved. Still, there is no clear relationship between the level of concern and climate-conscious behaviour. The findings provide ideas for promoting local climate management and awareness-raising in the European Union or other countries.
2
Kiss, Emőke, Dániel Balla, and András Donát Kovács. "Characteristics of Climate Concern—Attitudes and Personal Actions—A Case Study of Hungarian Settlements." Sustainability 14, no. 9 (April 24, 2022): 5138. http://dx.doi.org/10.3390/su14095138.
Full textAbstract:
This article discusses one of the most important social factors of climate protection: climate concern. Most research in this area focuses on North America and Western Europe or presents international comparative statistics. Our work is innovative because we have designated a lesser-known post-socialist region in East-Central Europe as a sample area, and we intend to conduct in-depth analyses at the municipal level. Our study describes the second largest city in Hungary, Debrecen, and its agglomeration. Based on a questionnaire survey in 2020 (N = 512), we examined opinion factors, and we have presented features consistent with or different from the findings in the relevant literature. In the statistical analysis, chi-square tests and binary logistic regressions were applied to reveal significant differences between the responses of different types of respondents. As response variables, we used the questions about general concerns regarding air pollution, knowledge about climate change, beliefs about tackling, perceived threat, behavioural responses, personal actions, and demography. We found that the concern about air pollution and a feeling of threat to respondents’ life was mainly affected by the degree of climate concern. We conclude that the knowledge of local communities on climate change has increased, and risk perception has improved. Still, there is no clear relationship between the level of concern and climate-conscious behaviour. The findings provide ideas for promoting local climate management and awareness-raising in the European Union or other countries.
3
Kiss, Emőke, Dániel Balla, and András Donát Kovács. "Characteristics of Climate Concern—Attitudes and Personal Actions—A Case Study of Hungarian Settlements." Sustainability 14, no. 9 (April 24, 2022): 5138. http://dx.doi.org/10.3390/su14095138.
Full textAbstract:
This article discusses one of the most important social factors of climate protection: climate concern. Most research in this area focuses on North America and Western Europe or presents international comparative statistics. Our work is innovative because we have designated a lesser-known post-socialist region in East-Central Europe as a sample area, and we intend to conduct in-depth analyses at the municipal level. Our study describes the second largest city in Hungary, Debrecen, and its agglomeration. Based on a questionnaire survey in 2020 (N = 512), we examined opinion factors, and we have presented features consistent with or different from the findings in the relevant literature. In the statistical analysis, chi-square tests and binary logistic regressions were applied to reveal significant differences between the responses of different types of respondents. As response variables, we used the questions about general concerns regarding air pollution, knowledge about climate change, beliefs about tackling, perceived threat, behavioural responses, personal actions, and demography. We found that the concern about air pollution and a feeling of threat to respondents’ life was mainly affected by the degree of climate concern. We conclude that the knowledge of local communities on climate change has increased, and risk perception has improved. Still, there is no clear relationship between the level of concern and climate-conscious behaviour. The findings provide ideas for promoting local climate management and awareness-raising in the European Union or other countries.
4
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.
Full textAbstract:
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.
5
Nijaz, Musić. "FRAMEWORK FOCAL CONTACTS IN EUROPEAN PRIVATE INTERNATIONAL LAW AND EUROPEAN UNION PRIVATE INTERNATIONAL LAW." Journal Human Research in Rehabilitation 6, no. 1 (April 2016): 57–63. http://dx.doi.org/10.21554/hrr.041609.
Full textAbstract:
The paper describes the role and representation of framework focus contacts in private international law, and their function in collision regulation on determining the binding law in private law with an element of foreignness.The introduction provides a brief overview on the division of focus contacts and their representation in collision regulations in the contemporary private international law. It also lays out various solutions for the application of collision regulations in national legislations in certain European countries, such as: Austria, Germany, Switzerland, Poland, Italy, Macedonia, Slovenia, as well as the solutions offered by the European Union regulations and international conventions.
6
Lubis, Syaravina. "Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations." Journal of Law Science 4, no. 1 (January 30, 2022): 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
Full textAbstract:
The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
7
Křepelka, Filip. "Dominance of English in the European Union and in European Law." Studies in Logic, Grammar and Rhetoric 38, no. 1 (September 1, 2014): 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
Full textAbstract:
Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
8
Medović, Vladimir. "Stabilization and association treaties in the law of the European Union." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 3–10. http://dx.doi.org/10.5937/gakv0402003m.
Full textAbstract:
The European Communities did not cease to exist after the foundation of the European Union by the Treaty of Mastricht in 1992. In fact, they act as pillars on which the European Union stands, together with the Police and Judicial Cooperation in Criminal Matters and Common Foreign and Security Policy. The European Union does not have the status of a legal entity or a capacity to enter into treaties with third countries or international organization. In both foreign and domestic proceedings it relies upon the institutions and instruments of the European Communities. The European Communities are autonomous in relation to the European Union and act in accordance with the rules contained in the foundation Treaties, which, however, make a constituent part of the Treaty on European Union. The foundation Treaties of the European Communities provide for a possibility for the Communities to enter into international treaties with third countries or international organizations. Stabilization and Association Treaties belong to the category of Association Treaties defined in Article 310 of the Treaty on European Union. Considering that these treaties regulate certain fields which belong to competence of the member states, the member states are usually parties to these treaties along with the European Communities. International treaties entered into between the European Communities and third countries are binding upon the Community institutions and upon member states. International treaties entered in this way are considered a part of Community law. Member states are bound to recognize such effects to these treaties as are provided in the Community law itself.
9
Starkowski, Dariusz, and Paweł Bardziński. "Process analysis transit of municipal waste. Part I - International provisions of law." Ochrona Srodowiska i Zasobów Naturalnych 28, no. 2 (June 27, 2017): 28–35. http://dx.doi.org/10.1515/oszn-2017-0010.
Full textAbstract:
Abstract One of the crucial reasons of the system changes of waste management in our legal system in Poland was a need to implement solutions and mechanisms that are applied in the European Union. At the European Union law level, a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives constitutes a basic legal document described in this part of the article. The essential idea of the quoted directive is creating legal measures, promotion of eliminating waste production and treating it as a source instead. Achievement of these assumptions requires providing segregation at source and recycling of the main waste streams above all. It is necessary to encourage this action and support the reuse of products and waste utilization. Indicated international legal instruments are of primary importance for internal rules, which shall be constructed in a way that enables the achievement of goals determined by the EU law. Legal-organizational internal systems associated with the management of waste have undergone substantial changes from 2010. National legal provisions will be presented in the second part of the article.
10
Zimmer, Reingard. "Living wages in international and European law." Transfer: European Review of Labour and Research 25, no. 3 (August 2019): 285–99. http://dx.doi.org/10.1177/1024258919873831.
Full textAbstract:
A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the right to a living wage, which should be at least 60 per cent of the net average wage. The Charter is legally binding for EU institutions, agencies and other bodies. Member States are bound only to the extent that the material scope of the relevant EU laws has been opened, which is the case when EU law is implemented or when obligations arising out of specific Union legislation are required for the relevant subject area, as will be explained in the article. In purely national situations nevertheless, values laid down in international law have to be observed when interpreting national laws.
11
Forni, Federico. "Diplomatic Protection in EU Law: What’s New under the Sun?" Hague Journal of Diplomacy 9, no. 2 (March 31, 2014): 150–75. http://dx.doi.org/10.1163/1871191x-12341274.
Full textAbstract:
Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.
12
Bianco, Giuseppe. "European Unions Investment Agreements and Public Debt." European Business Law Review 28, Issue 2 (April 1, 2017): 119–33. http://dx.doi.org/10.54648/eulr2017010.
Full textAbstract:
The on-going global financial crisis has hit Europe in an especially significant manner. With the legal vacuum surrounding sovereign debt restructurings, Bilateral Investment Treaties (BITs) and Free Trade Agreements (FTAs) signed by European countries can provide grounds for litigation in future debt crises. The sovereign debt crisis in the heart of the Eurozone has materialized such dangers, and has had an impact on the European Union’s strategy as an actor in international investment. The problems experienced by Argentina before the ICSID have made European countries more aware of the potential hidden in their BITs. This has in turn led to a careful drafting of the CETA and the TTIP, and potentially of all the other major FTAs to follow.
13
Debat, Olivier, and Flora Sicard. "The EU and Third Countries: Any New Tax Opportunities Under Association Agreements?" Intertax 45, Issue 5 (May 1, 2017): 402–10. http://dx.doi.org/10.54648/taxi2017032.
Full textAbstract:
Further to the SECIL judgment (C-464/14) delivered by the European Court of Justice (ECJ) in November 2016, this article explores how Association Agreements (AAs) concluded by the European Union (EU) with third countries connect with EU primary law, especially the Treaty on the Functioning of the European Union (TFEU), and discusses their possible implications in tax matters. It investigates the consequences of the variations in purpose and wording of such international instruments and identifies opportunities, uncertainties, shortcomings and potentialities deriving therefrom.
14
A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina, and Yerik B. Akhmetov. "Modern features of law institutions of the European Union." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 1 (August 2020): 441–58. http://dx.doi.org/10.3280/riss2020-001026.
Full textAbstract:
The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
15
Varga, András. "Rule of law in the 21st century." Bratislava Law Review 3, no. 1 (June 30, 2019): 163–69. http://dx.doi.org/10.46282/blr.2019.3.1.141.
Full textAbstract:
Rule of law is one of the core principles of constitutions and also the essential value of the European Union. Still, rule of law does not have a unanimous understanding either in the academic sphere or in the jurisprudence of the countries. The paper explains some theories on rule of law, then it considers how the doctrine prevails in the praxis of the Venice Commission and in the wording of the Treaty on the European Union. The paper concludes that interpretation of international fora involves the meaning of rule of law in a national level, even though the base of interpretation is unclear.
16
Lazarenko, Mykola. "Systematization of private international law in Ukraine and foreign countries: present state and tendencies." Ukrainian Journal of International Law 3 (September 30, 2020): 122–28. http://dx.doi.org/10.36952/uail.2020.3.122-128.
Full textAbstract:
Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.
17
Guild, Elspeth. "EU Citizens, Foreign Family Members and European Union Law." European Journal of Migration and Law 21, no. 3 (August 7, 2019): 358–73. http://dx.doi.org/10.1163/15718166-12340055.
Full textAbstract:
Abstract While international human rights law enshrines family life as a cornerstone of society, when it intersects with migration, issues and problems arise in countries where migration is high on the political agenda. This is true in a number of EU states. Both EU law and European human rights commitments, however, require states to provide for family reunification subject to a margin of discretion to the state. While family reunification for refugees and beneficiaries of international protection has been at the top of some political agendas in Europe, this article looks at family reunification (generally known as family reunion) for another group—nationals of the Member States. In particular it poses two questions: do EU Member States accept their own nationals to come back to their home state with third country national family members they have acquired while abroad? Secondly, to what extent do EU Member States discriminate against their own nationals in comparison with the generous EU rules of family reunion for nationals of other Member States who have exercised a free movement right in their country. This article is based on reports by experts from all EU Member States in light of the 2014 judgment in O & B (C-456/12) by the Court of Justice of the European Union.
18
Ates, Leyla, Moran Harari, and Markus Meinzer. "Positive Spillovers in International Corporate Taxation and the European Union." Intertax 48, Issue 4 (April 1, 2020): 389–402. http://dx.doi.org/10.54648/taxi2020035.
Full textAbstract:
The international spillover effects of specific domestic policies and practices have been subjected to increasing scrutiny from a range of international organizations, academia, and civil institutions with tax policy and practice both central in this discussion. Nevertheless, the extant international tax spillover analyses explore a limited set of spillover pathways or indicators that have been criticized in the literature for not being sufficiently inclusive. The focus of this article is on a newly launched index that includes a comprehensive set of plausible pathways in which spillovers occur. The Corporate TaxHaven Index (CTHI) explores twenty key tax spillover indicators under five categories and assesses sixty-four countries’ tax systems in order to identify policies that should be considered for corporate tax reform to mitigate cross-border tax spillovers. This article particularly aims to highlight international corporate tax spillover pathways in the European Union Member States’ domestic tax laws, regulations and documented administrative practices but limits its scope to domestic tax rules that dispense with positive spillovers. Finally, it analyses Member States’ current performance and concludes with recommendations for future tax reforms in the European Union. Tax spillovers, Corporate Tax Haven Index, transparency rules, public accountability, country by country reporting, mandatory disclosure rules, tax rulings, extractive contracts, anti-avoidance rules, controlled foreign company rules, deduction limitation.
19
Vrbaski, Lazar. "Flying into the Unknown: The UKs Air Transport Relations with the European Union and Third Countries Following Brexit." Air and Space Law 41, Issue 6 (November 1, 2016): 421–44. http://dx.doi.org/10.54648/aila2016033.
Full textAbstract:
The UK’s withdrawal from the European Union following the results of the referendum held on 23 June 2016 leaves a lot of uncertainty for the future in many areas and particularly air transport due to its high degree of regulation and international nature. Almost every area of air transport is affected – from access to the internal aviation market and external aviation policy to air traffic management within the Single European Sky. Solutions to the UK’s air transport relations with its strategic partners are likely to depend on the form of its partnership with the European Union. The focus of negotiations is therefore likely to be on modelling a relationship with the European Union that would take into account both the desires to retain access to the liberalized air services market and maintain close cooperation between strategic partners, and an appreciation of the UK’s new geopolitical self-determination. The European Common Aviation Area, Euro-Mediterranean Aviation Agreement, European Economic Area and the European Union-Switzerland agreements are all useful models, but come with advantages and disadvantages, and it would appear that the unique position of the UK requires a tailored solution. This article analyses some of the key issues of concern to the UK aviation industry and ways in which these could be addressed so as to provide some ‘food for thought’ in the pursuit of the best model for cooperation.
20
Perepolkin, S. M. "Legal Status of European Union Agency for Law Enforcement Cooperation (Europol)." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 270–74. http://dx.doi.org/10.24144/2788-6018.2021.03.50.
Full textAbstract:
The success of Ukraine's strategic course towards full membership in the European Union depends on many factors, in particular, on establishing effective cooperation with the Member States of the European Union and its bodies in the field of prevention and counteraction to various manifestations of organized crime. Among the various agencies of the European Union, European Union Agency for Law Enforcement Cooperation (Europol) performs the largest amount of work in this field. In this regard, the article analyzes the history of Europol from its inception as an international intergovernmental organization (European Police Office) to its current state - an independent European Union Agency for Law Enforcement Cooperation (Europol). To disclose the legal status of Europol, the focus is on the purpose and objectives of its creation, the types of crimes against which Europol’s work is directed, the competence of Europol, which covers more than forty forms of criminal activity, the structure of internal bodies, the normative legal bases of Europol’s interaction with the Member States and other agencies of the European Union, third countries (strategic cooperation agreements and operational cooperation agreements) and international organizations, the genesis of the normative legal bases for relations between Europol and Ukraine. According to the results of the study, the history of the formation of the European Union Agency for Law Enforcement Cooperation (Europol) is proposed to be divided into two stages: 1. Europol as an international intergovernmental organization of the Contracting Parties to the Convention on the establishment of a European Police Office of 26 July 1995; 2. Europol as the European Union Agency for Law Enforcement Cooperation (Europol). At each stage of Europol's formation, its legal status also changed. At the present stage of Europol's work, its legal status is determined by the Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol).
21
Mbila, Augustus. "Implementation of East African Community Law by Partner States: A review of relevant laws." Strathmore Law Review 5, no. 1 (August 1, 2020): 111–38. http://dx.doi.org/10.52907/slr.v5i1.120.
Full textAbstract:
On 30 November 1999, the Heads of State of the East African Community met in Arusha, Tanzania, and concluded the Treaty for the establishment of the East African Community. The Treaty came into force on 7 July 2000. The founding members of this Community were Kenya, Uganda, and Tanzania. Rwanda and Burundi acceded to the Treaty in 2007 while South Sudan acceded to the Treaty in 2016. While the treaty has the potential of promoting unity among the partner states, this is threatened by the fact that it fails to address how Partner States should implement it. A critical analysis of the jurisprudence from the East African Court of Justice and those of the Court of Justice of the European Union shows that community law is an autonomous legal order in which Partner States have accepted to cede part of their sovereignty to the community. Therefore, community law, unlike international law which houses it, has primacy over the municipal law of the Partner States, notwithstanding their constitutional philosophies. This paper seeks to examine how East African Community Law is implemented by partner states by reviewing the EAC Treaty, the decisions of the East African Court of Justice and the municipal laws of partner states. Decisions of the Court of Justice of the European Union on the implementation of European Union Law by Partner States of the European Union are discussed as lessons to be learnt in the East African Community.
22
Ponomareva, Karina. "Tax Law of the Eurasian Economic Union: Substance and Ways of Using of the European Experience." EC Tax Review 25, Issue 2 (April 1, 2016): 94–108. http://dx.doi.org/10.54648/ecta2016010.
Full textAbstract:
The study considers principal features of the Treaty on Eurasian Economic Union (hereinafter – EAEU) in the light of modern international tax law, its legal nature, its place and functions in the regulation of Eurasian integration. The study describes the main features of tax law under the EAEU Treaty as the foundation treaty of two kinds: establishing international organization for integration (EAEU) and the economic and legal space (the Customs Union and the Common economic space). The important aspect of the proposal is the comparative study of development of tax law in the EAEU and the European Union (EU) as a model of integration which has already shown great results during decades. The objective of this study is to provide an evaluation of development of tax law in EAEU in comparison with EU. The EAEU and the European Union have incomparable historical experience: ten and sixty years respectively. We suppose that some elements of EAEU are similar to EU, and namely the next ones: the unity of institutional structure; aims of vanguard countries correspond to basic direction of development of the whole Union; there is a possibility for rearguard countries to join vanguard countries in case they are ready to carry out extra obligations. The scope of the study is closely connected to the following evaluation problems: tax sovereignty; the effects of the major recent tax policy initiatives for the Union and Member States; ways of tax harmonization in the EAEU and the role of the Court of the EAEU (with using of experience of the European Court of Justice in the area of European tax law); ways of absorbing the enlargement of the EAEU.
23
Kuner, Christopher. "The European Union and the Search for an International Data Protection Framework." Groningen Journal of International Law 2, no. 2 (December 5, 2014): 55. http://dx.doi.org/10.21827/5a86a82b67dab.
Full textAbstract:
The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of the Court of Justice of the European Union (CJEU) have reaffirmed the autonomous nature of EU law and the primacy of EU fundamental rights law. The tension between initiatives to create a global data protection framework and the assertion of EU data protection law raises questions about how the EU can best promote data protection on a global level, and about the EU’s responsibilities to third countries that have adopted its system of data protection.
24
Fikfak, Veronika. "Kadi and the Role of the Court of Justice of the European Union in the International Legal Order." Cambridge Yearbook of European Legal Studies 15 (2013): 587–617. http://dx.doi.org/10.1017/s1528887000003177.
Full textAbstract:
AbstractThis chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision inKadiand the forthcomingKadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU’s approach is analysed by identifying the characteristics of review adopted by it as a ‘constitutional court of a municipal legal order’. In this context, the chapter reveals how the CJEU’s review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot’s desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do inKadi IIis adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.
25
Vargas-Brand, Isué Natalia. "Uniform Rules for European Contract Law? A Critical Assessment." European Review of Private Law 24, Issue 6 (December 1, 2016): 1245–50. http://dx.doi.org/10.54648/erpl2016072.
Full textAbstract:
The international conference ‘Uniform rules for European Contract Law? A critical assessment’ was organized by the IE University and IE Center for European Studies under the direction of Prof. Francisco de Elizalde on 23 and 24 June 2016. A group of leading academics in this field ‒ coming from different countries and legal cultures ‒ attended a conference in Segovia (Spain), on the occasion of the 30 anniversary of Spain’s incorporation into the European Economic Community (EEC)/European Union (EU), to discuss and analysed the current need for uniform rules in European Contract Law.
26
Wilson, Kerianne. "Gone With the Wind?: The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World." Air and Space Law 41, Issue 3 (May 1, 2016): 229–64. http://dx.doi.org/10.54648/aila2016019.
Full textAbstract:
Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
27
Andenas, Mads, and Duncan Fairgrieve. "Misfeasance in Public Office, Governmental Liability, and European Influences." International and Comparative Law Quarterly 51, no. 4 (October 2002): 757–80. http://dx.doi.org/10.1093/iclq/51.4.757.
Full textAbstract:
The protection offered to individuals by remedies in public law and tort law is developing in all jurisdictions. The past few years have witnessed an increasingly important European dimension to the tort liability of public authorities. European Union law and European Human Rights law have added to the constitutional protection of tort claims against public authorities already established as a matter of domestic law in many European countries.
28
Oosterhof, Albert. "Legal Aspects of the EU Enlargement Negotiations." Leiden Journal of International Law 7, no. 2 (1994): 73–84. http://dx.doi.org/10.1017/s0922156500002983.
Full textAbstract:
The recently concluded enlargement negotiations between the European Union and four applicant countries -Austria, Sweden, Finland and Norway-have so far been the last in a series of intensive negotiating efforts since the conclusion of the Treaty on the European Union (EU), the Agreement on the European Economic Area (EEA), the European Agreements with the Central and Eastern European countries and the conclusion of the Uruguay Round.
29
Lee, Bo Yeon. "Subsidiary Protection of the European Union and the Case Law of the Court of Justice of the European Union." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, no. 1 (June 30, 2022): 169–200. http://dx.doi.org/10.34267/cblj.2022.33.1.169.
Full textAbstract:
Complementary (or subsidiary) protection refers to the international protection provided outside the system of the Geneva Convention. Refugees who cannot return to their home countries due to violence or inhumane treatment but does not fall into the the legal definition of the Convention may be granted complementary protection status. Korea provides the humanitarian residence permit as a complementary protection. However, the Refugee Act has a few provisions on a humanitarian stay permit. This article examines subsidiary protection in the European Union which established the Qualification Directive (QD) and the case law of the Court of Justice of the European Union (CJEU) regarding the Directive.
The QD provides refugee and subsidiary protection as a form of international protection. The objective of the Directive is to introduce the unified standards for determining who qualifies as a refugee or as a person eligible for subsidiary protection, and the content of international protection.
Additionally, it was intended to equalize the legal status of subsidiary protection to refugee. The CJEU confirmed that the goal of the QD is to provide adequate protection to those who meet the requirements for international protection. The CJEU did not overlook the independent characters of the Directive, while taking into account the interpretation of other international treaties and the ECtHR.
The Korean humanitarian residence permit system is not sufficient to fully revive the intent of complementary protection. To accomplish the purpose of international protection, it is required to draw clear rules regarding a humanitarian residence permit in the Refugee Act. It is also necessary to present clear requirements and application procedures for the permit, and to guarantee the status of humanitarian residents.
30
Smit, Daniël S. "EU Freedoms, Non-EU Countries and Company Taxation: An Overview and Future Prospect." EC Tax Review 21, Issue 5 (October 1, 2012): 233–47. http://dx.doi.org/10.54648/ecta2012024.
Full textAbstract:
Practice shows that the Member States of the European Union maintain a diversified range of economic relations with non-EU Member States. A large number of non-EU-based enterprises are carrying on business in the European Union. Conversely, numerous EU-based enterprises are also carrying on business outside the territory of the Union. Accordingly, trade and investment between Member States and non-Member States is nowadays similarly promoted by abolishing or reducing tax or other obstacles to international flows of goods, services and/or investment between the Member States and third countries. One may recall in this regard the large number of economic integration agreements which the Union has concluded over the past decades with countries all around the world, such as countries in Eastern Europe, the Euro-Mediterranean countries and the African, Caribbean and Pacific states and which, to a greater or lesser extent, provide for liberalization of trade and investment between the Union and the respective non-Member State. The Treaty on the Functioning of the European Union itself also provides for a substantial degree of economic openness vis-à-vis third countries, particularly by means of the Treaty provisions relating to the free movement of capital. It is this unique legal relationship between the EU Member States vis-à-vis the rest of the world that this article takes as a starting point. It examines and assesses the extent to which the impact on Member States' corporate income tax systems of the liberalization provisions included in the above instruments is similar, or should be similar, to the impact that the free movement provisions included in the Treaty have on Member States' corporate income tax systems in an intra-Union context.
31
Schütze, Robert. "EU Development Policy: Constitutional and Legislative Foundation(s)." Cambridge Yearbook of European Legal Studies 15 (2013): 699–717. http://dx.doi.org/10.1017/s1528887000003219.
Full textAbstract:
Abstract The Union’s constitutional regime for development policy has traditionally progressed alongside two parallel tracks. In addition to a general regime for all developing countries, there exists a special regime for African, Caribbean and Pacific Countries (ACP countries). The Union’s general development policy originated as a flanking policy within the Common Commercial Policy. This trade-centricity was only relativised by the insertion of an express development aid competence in 1992. The Union’s development cooperation competence can today be found in Article 209 of the Treaty on the Functioning of the European Union (TFEU) and allows the Union to adopt legislative acts or conclude international agreements to reduce poverty within developing countries. By contrast, the Union’s special development regime has had a very different constitutional source. It stemmed from the ‘colonial’ association to the Union (qua its Member States) of certain dependent ‘oversees countries and territories’ for which the 1957 Treaty of Rome had provided a limited development competence. Once these countries gained independence in the 1960s, however, the Union had to transfer this special regime to its contractual association competence under Article 217 TFEU. The association regime for ACP countries has itself undergone a number of significant changes with the transition from the Lomé Convention(s) to the Cotonou Agreement.
32
Puetz, Achim. "‘Extraterritoriality’ in European Law: Airfreight and Beyond." Air and Space Law 46, Issue 6 (November 1, 2021): 763–84. http://dx.doi.org/10.54648/aila2021048.
Full textAbstract:
Air carriers operate, almost by definition, in an international environment. Under air services agreements (ASAs) concluded by European Union (EU) Member States with third countries, with or without the involvement of European institutions, many non-EU airlines offer flights to or from the Union. However, the correlative increase in competition has not only positive effects, e.g., a wider offer and more advantageous flight rates. The fact that the obligations imposed on – and, in general, the conditions applicable to – non-European carriers in their respective countries of origin are different from those that weigh on European airlines leads to situations in which EU and non-EU carriers do not compete on equivalent terms. Furthermore, anticompetitive behaviour on the part of the airlines cannot be ruled out. The question then is whether and to which extent European legislation is applicable to non-EU carriers, both in terms of competition law and sector-specific regulations. The present article aims at reviewing the current state of ‘extraterritorial’ application of European law, mainly from an antitrust perspective, and it does so on the basis of a thorough analysis of a case currently pending before the General Court (GC), where the jurisdiction of the Commission has been challenged precisely for sanctioning non-EU carriers for acts performed outside the Common Market. Carriage by Air, Competition law, Jurisdiction, Extraterritorial Application of European Law, Air Services Agreements
33
Lingaitienė, Olga, Aurelija Burinskienė, and Vida Davidavičienė. "Case Study of Municipal Waste and Its Reliance on Reverse Logistics in European Countries." Sustainability 14, no. 3 (February 5, 2022): 1809. http://dx.doi.org/10.3390/su14031809.
Full textAbstract:
The authors have examined municipal waste, its components and their integration with reverse logistics processes. Background: The theoretical part begins with a definition of municipal waste. Later, the integration between municipal waste and reverse logistics is provided, including presentation of the hierarchy of qualitative methods and models. Methods: The authors constructed a correlation matrix and applied a dynamic regression model to identify that the level of municipal waste impacts recycling of biowaste which demands reverse logistics. Results: The authors provided a dynamic regression model which could be applied for forecasting the size of recycled municipal waste into biowaste indicated in European Union countries. Conclusions: The variety of components in municipal waste prevents the increase of the recycling rates and has to be changed to ones that have higher recycling rates.
34
Bordaš, Bernadet. "Legal status of the citizens of third countries in the European Union." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 319–50. http://dx.doi.org/10.5937/gakv0606319b.
Full textAbstract:
The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.
35
Galella, Patricio. "The No Drawback Rule in EU Preferential Agreements." Global Trade and Customs Journal 18, Issue 1 (January 1, 2023): 31–36. http://dx.doi.org/10.54648/gtcj2023003.
Full textAbstract:
Drawback is a tool available to countries to promote their exports but also a measure that harms trade liberalization. This article argues that the no drawback rule in European Union preferential agreements does not apply when the exemption or reduction of duties derives from an EUR.1 or an origin declaration in application of that agreement. On the other hand, this reasoning cannot always be extended when the exemption of duties derives from the application of an inward processing regime. Therefore, an operator in the European Union will find more convenient and smoother to establish trade relations with operators located in countries with which the European Union has concluded preferential trade agreements. no drawback, origin, inward processing regime, preferential treatment, Approved Exporter, EUR.1
36
Morschbach, Francesca. "Third Country PNR Mechanisms After the CJEU’s Schrems II Judgment." Air and Space Law 48, Issue 1 (January 1, 2023): 91–112. http://dx.doi.org/10.54648/aila2023012.
Full textAbstract:
The article illustrates how the Court of Justice of the European Union (CJEU)’s Schrems II judgment solidified the European court’s approach to European Union (EU) data protection and the issues of data collection and transfer outside EU borders. The judgment rebalances how to arrange the issues containing the collection of private information and the risk to the public without surveillance. Thus, invalidating previously used EU-Third Country data sharing frameworks. Included in this are the Passenger Name Records (PNR), which are used in day-to-day mechanisms of the air industry when sharing bulk data sets with other countries to provide crucial information for anti-terrorism with border protection agencies. Not only does it protect national security, but makes flying safer. Though the EU argues it cannot sacrifice the integrity of individual data autonomy. Due to the Schrems II judgment, most other countries will be unable to pass new EU standards, and data transfer has to be judged on a case-by-case basis, which when looking at the international air industry is unfeasible. By exploring the Schrems II judgment, this article will analyze the third-country data transfer mechanisms and the impact the judgment had on third countries. Air law, PNR, CJEU, Schrems II, Privacy Shield, national security, European Data Protection, data transfer mechanisms, GDPR, Standard Contractual Clauses (SCC)
37
Zielke, Rainer. "Anti-avoidance Legislation of Scandinavian Countries with Reference to the 2014 Corporate Income Tax Burden of the Thirty-Four OECD Member States: Denmark, Finland, Norway and Sweden Compared." Intertax 41, Issue 12 (December 1, 2013): 682–92. http://dx.doi.org/10.54648/taxi2013066.
Full textAbstract:
Despite continuous instability in the European Union, Scandinavian countries exhibit continuously economic growth and stability. Three ( Denmark, Norway and Sweden) are not in the Eurozone and one (Norway) is only a European Economic Area Member State. In the article 'Transfer Pricing Planning with Accuracy and Control' (see intertax, issue October 2013, pp.542-550) the author had outlined the importance of transfer pricing planning in international tax planning. As the advantages and strategies of international tax planning with regard to antiavoidance legislation in Scandinavian countries had not been investigated so far, this is now done in detail - with reference to the corporate 2014 income tax burden of the thirty-four OECD Member States.
38
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.
Full textAbstract:
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.
39
Vermeer-Künzli, Annemarieke. "WHERE THE LAW BECOMES IRRELEVANT: CONSULAR ASSISTANCE AND THE EUROPEAN UNION." International and Comparative Law Quarterly 60, no. 4 (October 2011): 965–95. http://dx.doi.org/10.1017/s0020589311000455.
Full textAbstract:
AbstractIn recent years, the European Union (‘eu’) has taken a number of initiatives with a view to co-ordinating consular assistance in third countries. Not only have EU citizens an entitlement to consular assistance by any EU Member State in the absence of a representation of their own, but EU Member States themselves are encouraged to co-operate by means of the Lead State Concept and other forms of co-operation. While this may seem relatively unproblematic from the perspective of the EU, it is very difficult to reconcile with general international law. The various EU agreements in this area have no application to third States: some do not have legally binding form and even those that do only apply to the parties to the treaties, ie EU Member States. This article will present the situation, analyse its complexities and offer some reflections on the global application and desirability of the regime created by the EU.
40
Blétière, Emmanuel Raingeard de la, and Daniel Gutmann. "CC(C)TB and International Taxation." EC Tax Review 26, Issue 5 (September 1, 2017): 233–45. http://dx.doi.org/10.54648/ecta2017026.
Full textAbstract:
On 25 October 2016, the European Commission released two proposals: one on a Common Corporate Tax Base (COM (2016) 685 Final.) (‘the CCTB Draft’) and one on a Common Consolidated Corporate Tax Base (COM (2016) 683 Final.) (‘the CCCTB Draft’). If these draft directives (‘the CC(C)TB Drafts’) were to be adopted, they would significantly change the tax landscape for companies operating throughout the European Union as well as for companies which are established in a third country but perform activities within the EU. The goal of this article is not to provide for an overall description of the features of the CCTB and the CCCTB Drafts. It is rather to give an overview of the main provisions containing a cross-border element and to assess to what extent these new instruments may possibly collide, not only with EU primary law, but also with bilateral (or even multilateral) conventions on double taxation. As a matter of fact, the CC(C)TB drafts do not only cope with the definition of new base rules for taxation of corporations acting within the European Union. Many corporations established in the European Union have branches and subsidiaries in other EU Member States as well as in third countries. Conversely, many corporations established outside the European Union perform their activities on the European market through branches and subsidiaries. It is therefore clear that by changing the rules applying to the definition of corporate income and to cross-border activities, the CC(C)TB Directives would indirectly impact the tax burden of multinational enterprises. Besides, important provisions contained in the CC(C)TB drafts apply explicitly to income which have their source outside the European Union. The question how these new European territoriality rules will coexist with international tax treaties is therefore crucial to assess the impact of the harmonization process within the European Union. The relationship between CC(C)TB and international taxation is however a very complex matter to study, as it raises both general questions regarding the interaction between different sources of normativity (treaties vs directives; treaties vs fundamental freedoms; directives vs fundamental freedoms) and very technical questions linked to the way the proposed provisions are worded. Potential problems of incompatibility are all the more numerous as one of the major feature of CCTB and CCCTB consists in the enactment of new rules regarding territoriality and tax avoidance, which may worsen the taxpayer’s situation compared to existing rules (even compared with the anti-tax avoidance directive). Provisions affecting international taxation are spread in different sections of the CCTB and CCCTB drafts, with the effect that a coherent vision of the global impact of these drafts on international taxation is not easy to unveil. This complexity of the topic explains why the authors of this article consider that a necessary preliminary step in the study consists in displaying, in a first section, a broad overview of the relationships between the CC(C)TB Drafts and the EU and international legal orders. This will provide an opportunity to assess how these draft directives interact, not only with fundamental freedoms, but also with double taxation treaties. The authors will refer to those principles throughout the article, when potential conflicts are identified. A second section will be devoted to the scope of the CC(C)TB Drafts and to the analysis of their impact on situations involving a third country. The goal of this section will be to determine to what extent corporations which are either established in a third country or perform their activities in such a country are actually covered by the provisions of the draft directives. The third section will provide more details on the territoriality rules which are laid down by
41
Weerth, Carsten. "The Role of Customs Administrations in Preparation of Regional Integration in the European Union." Global Trade and Customs Journal 5, Issue 1 (January 1, 2010): 13–28. http://dx.doi.org/10.54648/gtcj2010002.
Full textAbstract:
The national customs services of the twenty-seven EU Member States are playing a crucial role for the preparation of the admission of further states to the European Union (EU) by helping to build structures and teach the EU Customs Law in order to enable candidate states to apply the acquis communautaire. The so-called ‘twinning’ is an important and practical approach to facilitate the transfer of knowledge about EU Customs Law to candidate countries. This article explains the legal basis and also shows the practical limitations and problems of the twinning projects in EU Customs Law. It also shows the benefits of the new EU Customs Blueprints for a uniform capacity building of candidate countries.
42
Kishore, Pallavi. "The Role of Consumer Protection in the Relations Between Asia and the European Union." Global Trade and Customs Journal 14, Issue 11/12 (December 1, 2019): 537–52. http://dx.doi.org/10.54648/gtcj2019066.
Full textAbstract:
This article examines the functioning of the European Union’s (EU’s) consumer protection law in an incident in which the EU banned Asian shrimps in order to protect its consumers and aims to answer the following questions: 1. Are the EU’s actions in compliance with its own law and the law of the World Trade Organization (WTO)? 2. What is the impact of these actions on international trade and on the EU’s trading partners especially if they are developing countries? The most important consequence of this incident is its restrictive impact on international trade and/or the use of consumer protection as a tool for protectionism. In this particular incident, it does appear that the EU’s actions could have been held to have violated WTO law had the Asian developing countries brought a case against the EU. The article will conclude by examining the impact of the EU’s actions on its relations with Asia.
43
Gstrein, Oskar J. "European AI Regulation: Brussels Effect versus Human Dignity?" Zeitschrift für europarechtliche Studien 25, no. 4 (2022): 755–72. http://dx.doi.org/10.5771/1435-439x-2022-4-755.
Full textAbstract:
The European Commission proposal for a legal framework to comprehensively regulate Artificial Intelligence (AI) came after years of public consultation and deliberation. Most prominently the AI High Level Expert Group (AI HLEG) prepared ethical guidelines and policy recommendations since 2018. While countries such as China and the United States, or international organisations such as the Council of Europe work on legal frameworks to regulate the development and use of AI, the European Commission’s proposal (AI Act or AIA) presented on 21 April 2021 seems to put the Union in the most powerful position to establish regulatory standards with global relevance for a key emerging technology. After shortly summarising the origin, context and main characteristics of the prospective regulation, this article explores whether the ‘Brussels Effect’ will manifest in ground-breaking AI regulation, or whether the Union and its Member States run the risk of hastily adopting an incapable legal framework for a technology whose effects on society are still insufficiently understood. Furthermore, it remains open whether the proposed AIA integrates with existing and emerging legal frameworks, potentially watering down the commitment of the EU to protect human rights and human dignity.
44
Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
Full textAbstract:
The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
45
Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
Full textAbstract:
The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
46
Beiter, Klaus D., Terence Karran, and Kwadwo Appiagyei-Atua. "Academic Freedom and Its Protection in the Law of European States." European Journal of Comparative Law and Governance 3, no. 3 (August 28, 2016): 254–345. http://dx.doi.org/10.1163/22134514-00303001.
Full textAbstract:
Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.
47
Słapczyński, Tomasz. "Refugees, migrants and stateless persons in international law." ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 22, no. 2 (July 3, 2018): 45–50. http://dx.doi.org/10.5604/01.3001.0012.4824.
Full textAbstract:
In the paper the author attempts to describe the issue of refugees as a very important problem in international law, a problem which generates profits e.g. a rise in human capital, as well as losses e.g. costs, for the countries involved. The balance depends on the policy of a given country, whether this country is able to capitalize on the human capital or whether it is only counting costs. Sometimes obligations resulting from international law are not sufficient to convince societies that accepting refugees is the right decision. The paper will focus on how, with appropriate legislative tools, the united world can help people who are in danger. The author will also pose a question whether enough is being done, or whether the scope and methods currently in use should be amended. The paper discusses the issue of refugees from the perspective of various organizations involved i.e. global institutions like UNHCR, European Union institutions, non-government organizations (NGOs) and contains a review of relevant legal acts such as the Treaty of Lisbon, the Geneva Convention etc. The author also touches upon the practical side of the refugee policy execution in various countries.
48
Danilović, Nemanja. "Regional international organizations with a special focus on the European Union." Megatrend revija 18, no. 4 (2021): 233–50. http://dx.doi.org/10.5937/megrev2104233d.
Full textAbstract:
After studying international organizations, we may freely say that their international legal personality is undeniable, while their role in international law and international relations is of great importance. For that reason, this paper is dedicated to one type of such organizations - to regional organizations, that is, to the European Union as one of the most important international organizations of the kind. Although the European Union was created with the goal of connecting and integrating European countries and its nations, today it plays one of the leading roles in world politics. The paper follows the concept and types of regional international organizations, as well as emergence, development, characteristics, values and goals, and the institutionalism of the European Union. Today, undeniably, the European Union plays one of the leading roles in international political, economic, strategic, geopolitical, cultural and social relations.
49
Martínez San Millán, Carmen. "The cooperation agreements within the belt and road initiative: The european common commercial policy at crossroads." Cuadernos Europeos de Deusto, no. 03 (January 28, 2022): 51–69. http://dx.doi.org/10.18543/ced-03-2022pp51-69.
Full textAbstract:
To carry out Chinese investments in third countries under the Belt and Road Initiative, the China is currently concluding numerous cooperation agreements called Memorandums of Understanding with its objective States, including European Union Member States. These Memorandums of Understanding are international agreements, but not international treaties as such, which implies that these documents may not lead to rights and obligations under International Law. However, every Memorandum of Understanding signed between China and a European Member States should be interpreted in accordance with European Law. The problem is that Member States are presumably violating different instruments of this legal framework as well as the European Union Common Commercial Policy, which is an exclusive competence of this international organization, if we interpret that these cooperation agreements are masking free trade agreements. This paper aims to analyse this possible interpretation and its consequences for the European Union, as these agreements entail a weakening of the European trade and investment power and put the European Common Commercial Policy at crossroads.
Received: 10 May 2021Accepted: 05 November 2021
50
Ismayilzada, Tofig. "The European Union's Cooperation With Third Countries: Turkey And Libya." Jurnal Kajian Pemerintah: Journal of Government, Social and Politics 8, no. 2 (December 13, 2022): 65–75. http://dx.doi.org/10.25299/jkp.2022.vol8(2).11148.
Full textAbstract:
The European Union has recently been an attractive destination for asylum seekers and migrants. Despite the deadly migration routes, the migration crisis has proved that asylum seekers and migrants are willing to enter European Union territory. The flow of irregular migration to the European Union peaked in 2015. The intensity of migration movement over such a short period raised concerns about internal and external security. At the same time, due to the migration crisis, the European Union intensified its cooperation with third countries on the migration issue. This article first explores the concept of international cooperation on migration and assesses if the selected case studies have any common characteristics to the concept. Second, the paper studies the effectiveness of the European Union's cooperation with Turkey and Libya, which emerged due to the migration crisis. Additionally, the paper provides data to test the effectiveness of cooperation with third countries. The cooperation with Turkey and Libya was an essential tool for the European Union to control its Mediterranean borders. When the consensus was reached, the number of irregular arrivals significantly decreased.