Journal articles on the topic 'Judicial power – European Union countries'
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1
Arana García, Estanislao. "ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION: TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE." Administrative law and process, no. 2(25) (2019): 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.
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Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary to: 1) analysis the creative solutions of the agencies courts; 2) verify the performance of agencies through the information provided by themselves; 3) discuss the judicial decisions from a scientific perspective. This process has been implemented through direct contact with experts and professional actively involved at these European administrative courts. Results. EU law is haphazardly creating a system of administrative review that is in many cases a pre-condition to judicial review. This system is most evidently manifesting itself in the application of EU law by administrative agencies. For this purpose, some of the EU’s most important agencies have created specialised bodies known as boards of appeal. These objective and independent bodies have the power to review the decisions of the agency they form part on based on both questions of law and fact. The paper aims to establish a critical vision of the role that new judicial forms are developing and the importance of to reach a specialized criterion for solving technically increasingly complex issues. Conclusions. The board-of-appeal model has proven a successful one as it offers parties a low-cost and effective way of having their complaints resolved without having to go to the European Union Court of Justice. Lastly, there appears to be a need for the European Union to, as it is currently doing with administrative procedure, establish a common set of rules for this emerging remedy for reviewing European administrative acts.
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Parra Gómez, David. "Crisis of the Rule of Law in Europe: The Cases of Hungary, Poland and Spain." ATHENS JOURNAL OF LAW 7, no. 3 (July 1, 2021): 379–98. http://dx.doi.org/10.30958/ajl.7-3-6.
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Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.
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Grabowski, Radosław, and Ivan Halász. "Ewolucja węgierskiego modelu zarządzania sądownictwem i samorządu sędziowskiego na Węgrzech w latach 1989–2019." Przegląd Prawa i Administracji 119 (January 20, 2020): 171–80. http://dx.doi.org/10.19195/0137-1134.119.17.
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THE EVOLUTION OF THE HUNGARIAN MODEL OF JUDICIAL MANAGEMENT AND JUDICIAL SELF-GOVERNMENT IN HUNGARY IN THE YEARS 1989–2019The Hungarian constitutional system after 1989 was initially subject to evolutionary changes. The previously binding constitution was only amended, although in most countries of the region the new constitutions created new system concepts. This also concerned the organisation of the judiciary, which in Hungary for a long time remained under the influence of the doctrine formed in the time of the socialist state. Significant corrections in this respect did not take place until 1997, but the solutions and institutions created at that time — including judicial self-government — survived for only slightly more than a decade. The political parties that came to power in 2010 adopted a new Basic Law and made far-reaching transformations in the field of symbolism, constitutional principles and the system of constitutional organs. Both the scope of the changes and the way they were carried out provoked resistance from various environments, including judges, whose influence on the organisation of the judiciary and its functioning was significantly reduced. The dispute that occurred was the subject of debate throughout Europe, and the institutions of the Council of Europe and the European Union were involved in resolving it.
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Nykytchenko, N. "The legal status of a lawyer in the countries of the European Union." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 103–7. http://dx.doi.org/10.33531/farplss.2018.4.19.
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This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.
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Bilash, Oleksandr, and Nataliya Shelever. "Constitutional Principle of Justice in Ukraine in Its Genesis and Implementation in Practice." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 1 (July 21, 2022): 55–65. http://dx.doi.org/10.32084/tekapr.2021.14.1-6.
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The authors study the principle of justice in Ukraine, focusing on the problematic issue – the violation of the principle of justice in the administration of law. An example is the decision of the Constitutional Court of Ukraine of 27 October 2020 No. 13-r/2020 on the abolition of electronic declaration of officials, which led to a constitutional crisis in the country. To resolve the situation, the President of Ukraine submitted to the Verkhovna Rada of Ukraine a bill on the dissolution of the Constitutional Court of Ukraine and the annulment of the above-mentioned decision of the Constitutional Court of Ukraine. The situation in the country is of great concern, as Ukraine’s visafree regime with the European Union and Ukraine’s expected membership in the European Union are under threat. Corruption, long-term judicial reform, the constitutional crisis, violations of the principle of justice lead to the outflow of foreign investment from Ukraine, mass migration of Ukrainians to developed countries of the European Union. All these factors hinder the development of the state as independent and democratic. It is concluded that a necessary step for Ukraine’s European integration is not only the declaration, but first of all the implementation of the principle of justice by all branches of Ukrainian power.
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Mendelski, Martin. "The eu’s Pathological Power: The Failure of External Rule of Law Promotion in South Eastern Europe." Southeastern Europe 39, no. 3 (December 22, 2015): 318–46. http://dx.doi.org/10.1163/18763332-03903003.
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What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.
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Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.
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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.
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Nicolaides, Phedon. "Escape from the jurisdiction of the Court of Justice: A good reason to quit the European Union?" Maastricht Journal of European and Comparative Law 25, no. 1 (February 2018): 7–21. http://dx.doi.org/10.1177/1023263x18760550.
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One of the principal objectives of Brexit is to end the jurisdiction of the Court of Justice of the European Union (EU) over the UK. It raises the question whether the UK has ‘suffered’ more than other Member States from judicial action. To answer this question, this paper examines statistics on judicial action and finds that i) the UK has not been embroiled in more proceedings before the Court of Justice than other large Member States; ii) fewer proceedings have been initiated against it by the Commission than other larger or medium-size Member State; and iii) the UK has won relatively more cases than other large Member States. The paper also argues that in principle judicial bias towards integration is not necessarily harmful to the interests of a relatively open economy like that of the UK. This is because such an integrationist tendency would pry open other markets which would be beneficial to UK firms. In addition, the distortion-preventing powers of other EU institutions such as the European Commission also tend to favour pro-market countries like the UK. Lastly, the paper considers alternative dispute resolution arrangements identified by the UK and suggests that they are more likely to reduce legal certainty and delay effective enforcement than the present system based on the Court of Justice.
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Kholyavitska, K. S. "Foreign experience of decentralization of power and prospects for Ukraine." Collected Works of Uman National University of Horticulture 2, no. 99 (December 22, 2021): 94–103. http://dx.doi.org/10.31395/2415-8240-2021-99-2-94-103.
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The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.
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Chetverikov, A. O. "Immunity of States and International Organizations in the Court of Justice of the European Union Practice and its Significance in the Implementation of Megascience Projects." Lex Russica, no. 4 (April 24, 2021): 112–29. http://dx.doi.org/10.17803/1729-5920.2021.173.4.112-129.
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In recent years, Russia has invested significant assets in unique scientific facility of the “Megascience” class that are being built or are already operating on the territory of foreign countries, mainly member states of the European Union: the International Thermonuclear Research Reactor-ITER (France), the European X-ray Free Electron Laser-European XFEL, the Large Hadron Collider (Switzerland and France), etc.How reliable and safe are such investments in the context of the sanctions policy of the West, including the EU, against our country? To what extent are they protected by the principle of immunity of states and international organizations, which is generally recognized, but is not interpreted and applied in different legal systems? The paper considers these issues in the context of the development of the judicial practice of the supranational institution of the judicial power of the EU, namely the Court of Justice of the European Union and the concept of relative immunity (immunité relative) formulated herein.Having conducted a comparative legal review of the current state of the sources of law and doctrine on the issues of immunity of states and international organizations, the author analyses and evaluates the decisions of the EU Court of Justice and the legal positions of its attorneys General: — Mahamdia v. Algeria, 2012: for the first time ECJ formulates the concept of relative immunity in relation to states;— "Rina" and "Suprim" cases, 2020: EU Court clarifies the interpretation of the concept of acta iure imperii (acts of public authority), in respect of which states retain immunity in the EU, and extends its concept of relative immunity to international intergovernmental organizations.The final section deals with legal issues that yet to get a clear answer in the practice of the EU Court of Justice. In this regard, the author highlights possible directions of its evolution, and studies other recent decisions of the EU Court of Justice that may affect Russia’s national interests in the context of cooperation with EU member states in the scientific and technical sphere, including megascience, and in other areas.
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Miroshnikov, S. N. "Adaptation of Eastern Europe to the EU’s <i>Acquis Communautaire</i>: Poland and Hungary in 2004–2021." Bulletin of Kemerovo State University 24, no. 3 (June 15, 2022): 320–25. http://dx.doi.org/10.21603/2078-8975-2022-24-3-320-325.
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This article features the special position that Poland and Hungary demonstrate towards the national government institutions and civil rights. The research objective was to describe the internal transformation and adaptation processes of Hungarian and Polish societies to the European concept of acquis communautaire, as well as the tensions between these two countries and the older EU members. This special position can be explained by the growing sentiments of national pride and identity. The social and economic achievements that happened aſter the 1990s allowed these states to increase the quality of life, and their citizens are not willing to give up on their identity to accommodate the demands of the European Union. For instance, people of Poland and Hungary saw a certain threat to their identity in the pressure from Brussels to welcome migrants from the Middle East, whom they could not accept on the mental and religious levels. Another threat was the Brussels’ pursuit to make Poland and Hungary accept sexual minorities in a very short timeframe, despite the fact that this process took Western Europe several centuries. Considering that the church had a very negative attitude to both issues, certain political parties managed to seize the power. They suppressed the freedom of speech, denied the independence of the judicial power, and challenged Brussels.
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Reptova Novakova, Zuzana, and Laurent van der Maesen. "Editorial." International Journal of Social Quality 10, no. 2 (December 1, 2020): vii—xxi. http://dx.doi.org/10.3167/ijsq.2020.100202.
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Days after the European Union resolved a dispute with Poland and Hungary over a rule of law mechanism that threatened to halt the bloc’s €1.8tn budget and coronavirus recovery fund, the clash between the two sides is widening. Both countries saw opinions go against them in the EU’s top court yesterday. What began as a confrontation over democracy and the law, moreover, is fast becoming a culture war. . . . Despite having a liberal-minded urban youth, Poland and Hungary remain, overall, more socially conservative than many western European societies. For both ruling parties, appeals to family values are popular with their rural, older voter base. But evocations of traditional values also create a narrative that obscures the true nature of the showdown with Brussels and western EU members. This is over democracy and rule of law: judicial reforms, restrictions on media and erosions of checks and balances that help PiS and Fidesz to entrench themselves in power. Instead, the two parties can claim to be fighting back against alleged EU attempts to impose “alien” liberal values on unwilling societies. —Financial Times, 17 December 2020Over the past decade, the Hungarian leader has boasted of creating an “illiberal democracy” and has faced allegations of cronyism and corruption. Poland’s ruling Law and Justice (PiS) party has only been in power for five years but has also mounted an assault on judicial independence and rule of law in that time. —The Guardian, 9 December 2020Bearing this division over central values in mind, this special issue steps toward an exploration of the contested region that is Central and Eastern Europe (CEE), shedding light on some of the ongoing complex societal developments that make it noteworthy.
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von Bernstorff, Jochen, Olaf Kramer, Johannes Saurer, and Stefan Thomas. "Courts as Rhetorical Actors: A Rhetorical Analysis of Judicial Conflict Avoidance." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 81, no. 4 (2021): 1001–32. http://dx.doi.org/10.17104/0044-2348-2021-4-1001.
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The paper starts from the assumption that there is a body of case-law on the German, the European Union (EU) level, and on the international level that is characterised by strategies of judicial avoidance. Courts for various reasons sometimes avoid deciding the substantive legal issues advanced by the parties to a conflict or put before them as a legal question in advisoryproceedings. The phenomenon is multifaceted. It can be observed in different legal contexts, in different countries, and branches of the law. From this perspective judicial avoidance is an important, yet scholarly neglected, element of judicial practice. As the paper demonstrates, it can be detected and categorised by employing the analytical tools of rhetorical science. This namely involves insights resulting from rhetorical research on ‘avoidance strategies’ in various forms of human and organisational communication. The central hypothesis of this paper therefore is that courts can be found to employ a sophisticated toolkit of classical rhetorical practices in order to avoid in their decision a ruling on focal legal issues of a dispute. The crossjurisdictional set of rhetorical practices, which the article traces in the practice of various selected high profile courts, goes well beyond the emanations of classic Western separation of powers-doctrines of ‘judicial self-restraint’, ‘political questions’, or the ‘margin of appreciation’.
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Vadhanavisala, Onvara. "Democracy Towards Authoritarianism Under Illiberal Populist Leaders in Hungary and Poland." Central and Eastern European Review 13, no. 1 (December 1, 2019): 31–48. http://dx.doi.org/10.2478/caeer-2020-0002.
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Abstract A quarter of a century ago, the Soviet Union dissolved and the Cold War ended. Now the current political era involves a broad challenge to liberal democracy in the European Union. Central European countries such as the Czech Republic, Hungary, the Republic of Poland, and the Slovak Republic (‘the Visegrád Group’) joined the EU in 2004 with the hope that the post-Cold War era would be one of peace and stability in Europe, including (most importantly) the expansion of Europe’s democracy. A turning point came in 2014, however, when the Syrian refugee crisis hit the EU and caused a political ‘about face’. The European refugee and migrant crisis have strengthened right-wing populism among the European countries, including the Visegrád group. Obviously there are certainly similarities between the populist rhetoric of Hungary’s ruling party, Fidesz, and the Law and Justice party (known as PiS) which is governing the Republic of Poland. The two countries appear to be following the same path of becoming ‘illiberal democratic’ states. The templates of authoritarianism which both countries have adopted involve the following: the restriction of civil society and the independence of the media, control of the judiciary and the court system, together with the transformation of the constitutional framework and electoral law in order to consolidate power. This paper analyses two examples of authoritarian populist leaders: first, Viktor Orbán, the Prime Minister of Hungary of the Fidesz Party and, second, Jarosław Kaczyński, a leader of the Law and Justice Party (PiS) in Poland. A brief description of each is provided as a background for the discussion which follows.
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Rushiti, Ana. "The Impact of The Court Map in the Field of Advocacy." Indonesian Journal of Advocacy and Legal Services 4, no. 2 (September 30, 2022): 243–58. http://dx.doi.org/10.15294/ijals.v4i2.58446.
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The rule of law operates in accordance with the law, focusing on the equality of citizens before the law and the prohibition of the arbitrary power of the executive (Government). Justice reform is a mechanism that made it possible for citizens to increase their trust in justice. Justice reform was a mechanism that we had not heard before and it is important in this paper to mention the causes and consequences of justice reform by balancing them to understand its positive and negative sides. Judicial reform has mostly affected judges and prosecutors, but also lawyers in court cases as well and the public had an important role to denounce any judge or prosecutor who had given court decisions in violation of the law but also cases of corruption of judges or prosecutors. In this paper it is very important to address two very important principles sanctioned by the European Convention on Human Rights. the second is a trial within a reasonable time by analyzing court decisions and the importance of respecting deadlines by the courts for a speedy and effective justice. A new innovation taken from the countries of the European Union was the new court map that does not brought a few debates in our country and how the new court map will affect the economy of Albanians given that Albania is a developing country.
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Ольга Павлівна Рудницька. "LEGAL REFORMS IN UKRAINE AND POLAND: COMMON AND DISTINCTIVE FEATURES." Intermarum history policy culture, no. 5 (January 1, 2018): 341–51. http://dx.doi.org/10.35433/history.111825.
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The article investigates the processes of carrying out legal reforms in Ukraine and Poland, their comparative analysis is made. The author has studied Poland's experience in implementing legal reforms. It is found out that one of the most important factors influencing positive changes in this country is the separatedness of the Polish power from business. In addition, the fight against corruption has become one of the decisive factors for successful reforms. It is concluded that as a result of long-term reforms, in particular legal, Poland has become one of the most stable economies in Europe.It is determined that the creation of a civil society, the formation of Ukraine as a democratic, socially oriented, rule of law state, is impossible without legal reforms implementation. The author proves that Ukraine has made successful steps to bring up the national legislation closer to the EU legislation. It is stated that European integration for Ukraine is an opportunity to modernize the economy, attract foreign investments, overcome technological backwardness, create new jobs, increase the competitiveness of the domestic commodity producer, enter the world markets.The author has studied that the reform of the prosecutor's office is carried out in Ukraine and Poland at different legislative levels, which is related to a different legal status of these bodies. The reform of the judicial system of Ukraine is analysed, in particular, the transition to the tripartite system of courts, the formation of new higher specialized courts in the system of judicial system: the Supreme Court on Intellectual Property and the Supreme Anticorruption Court. The experience of the territorial communities functioning in Poland and Ukraine is studied, their main general and distinctive features are outlined.It is concluded that the legal reform in Ukraine should be conducted taking into account positive experience of the European Union countries, specifically, one of the closest western neighbors, Republic of Poland.
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Szuba, Tadeusz, and Danuta Sztuba. "Czwarta władza jako forma niewidzialnej ręki Adama Smitha na platformie mediów elektronicznych – jej natura, struktura i oczekiwana siła." Zarządzanie Mediami 8, no. 4 (2020): 323–45. http://dx.doi.org/10.4467/23540214zm.20.038.12642.
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Fourth Estate as the Form of Adam Smith's Invisible Hand on the Global Platform of Electronic Media - its Nature, Structure and Expected Power The article analyses the hypothetical Fourth Estate (the 4th Power) on the platform of modern, global electronic media. The entry assumption is that the engine of 4th Power is Adam Smith’s Invisible Hand (ASIH), but functioning not on the socio-economic platform, but on the platform of modern, global electronic media. This implied significant research phenomena, because two large scale processes have been spotted on this platform, which fulfil theoretical model of Invisible Hand as proposed by American philosopher Robert Nozick. The rank of success is confirmed by the fact, that nobody yet on socio-economic platform managed to point to real life symptoms of the Invisible Hand self-regulative activity. Platform of global electronic media has a much more IT nature, comparing to the economic/social platform. For this, applying the way of thinking of Nobel-awarded economist Friedrich Hayek, that the mechanism of the Invisible Hand is IT in nature, it has been assumed that it is an unconscious, chaotic, discontinuous, distributed, multi-threaded computational process, not on the platform of digital computers, but on the platform of minds of agents operating in modern media. This allowed us to propose description methodology based on GIS (Geographic Information Systems). The conclusion of the article is that the Fourth Estate inherits and manifests in very well visible way the Invisible Hand self-steering functions, on the media platform and even more. This sheds a whole new light on the problem of media management on a global scale, because state or corporate factors have to reckon with the fact that there is yet another “ruler” of great power. In addition, due to the global nature, in a situation where the Legislative, Judicial and Legislative Powers are distributed and limited to the area of countries or meta-nation structures like European Union, the Fourth Estate is on the best way to take over partial or total control over global media, as well as over local Legislative, Judicial and Executive authorities. This is to some extent confirmation of Robert Nozick hypothesis about “ultra-minimal state”.
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Szuba, Tadeusz, and Danuta Sztuba. "Czwarta władza jako forma niewidzialnej ręki Adama Smitha na platformie mediów elektronicznych – jej natura, struktura i oczekiwana siła." Zarządzanie Mediami 8, no. 4 (2020): 323–45. http://dx.doi.org/10.4467/23540214zm.20.038.12642.
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Fourth Estate as the Form of Adam Smith's Invisible Hand on the Global Platform of Electronic Media - its Nature, Structure and Expected Power The article analyses the hypothetical Fourth Estate (the 4th Power) on the platform of modern, global electronic media. The entry assumption is that the engine of 4th Power is Adam Smith’s Invisible Hand (ASIH), but functioning not on the socio-economic platform, but on the platform of modern, global electronic media. This implied significant research phenomena, because two large scale processes have been spotted on this platform, which fulfil theoretical model of Invisible Hand as proposed by American philosopher Robert Nozick. The rank of success is confirmed by the fact, that nobody yet on socio-economic platform managed to point to real life symptoms of the Invisible Hand self-regulative activity. Platform of global electronic media has a much more IT nature, comparing to the economic/social platform. For this, applying the way of thinking of Nobel-awarded economist Friedrich Hayek, that the mechanism of the Invisible Hand is IT in nature, it has been assumed that it is an unconscious, chaotic, discontinuous, distributed, multi-threaded computational process, not on the platform of digital computers, but on the platform of minds of agents operating in modern media. This allowed us to propose description methodology based on GIS (Geographic Information Systems). The conclusion of the article is that the Fourth Estate inherits and manifests in very well visible way the Invisible Hand self-steering functions, on the media platform and even more. This sheds a whole new light on the problem of media management on a global scale, because state or corporate factors have to reckon with the fact that there is yet another “ruler” of great power. In addition, due to the global nature, in a situation where the Legislative, Judicial and Legislative Powers are distributed and limited to the area of countries or meta-nation structures like European Union, the Fourth Estate is on the best way to take over partial or total control over global media, as well as over local Legislative, Judicial and Executive authorities. This is to some extent confirmation of Robert Nozick hypothesis about “ultra-minimal state”.
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Bulakh, T. M., O. A. Ivashchenko, and O. Ye Lytvyn. "The Evaluation of Investment Cooperation of Ukraine with EU Countries." Statistics of Ukraine 83, no. 4 (December 17, 2018): 50–56. http://dx.doi.org/10.31767/su.4(83)2018.04.06.
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The article investigates and evaluates the investment cooperation of Ukraine with the EU. The volume, structure and dynamics of investment flows between Ukraine and the European Union are analyzed. The main problems of cooperation between Ukraine and the EU are formed, in particular: the volume of foreign direct investment (FDI) in Ukraine from the EU is directed mainly to those sectors of the economy where it is possible quickly to make a profit (for example, in financial activities), while investment in priority sectors of the economy of Ukraine, aimed at a long-term growth, is insufficient. In addition, during the analysis of the investment market of Ukraine problematic aspects were found, such as: the existence of a tendency to invest in offshore zones, a low differentiation of foreign investors for donor countries and a sharp imbalance in the structure of FDI in the economy of Ukraine. The political instability, unpredictability of a state power, lack of independent judiciary (abuse of courts), corporate raiding, prosecution by tax authorities, shortcomings in the implementation of laws, delays and lack of transparency in VAT refund, corruption and the low level of property rights’ protection demonstrate the inability to build long-term plans with EU member states.
Measures are proposed to improve investment cooperation between Ukraine and the EU in the context of deepening European integration processes, as follow: 1) bringing the strategy of attracting foreign investment in accordance with the needs of the country; 2) providing European investors with the necessary system support (for example, in business registration, attracting personnel); 3) creating the necessary conditions for the further implementation of the liberalization of the legal framework for the free movement of FDI in accordance with EU rules; 4) close cooperation with FDI donor countries; 5) providing conditions for improvement of technical and technological conditions of domestic enterprises; 6) production intensification on an innovative basis, etc.
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Bator-Bryła, Monika Patrycja. "Prohibition of Discrimination on Grounds of Nationality in the Freedom of Movement of Persons within the EU in the Light of Case Law of the Court of Justice of the European Union." Review of European and Comparative Law 46, no. 3 (August 21, 2021): 189–218. http://dx.doi.org/10.31743/recl.12340.
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The subject of this article is to analyze the meaning of the prohibition of discrimination on grounds of nationality in the light of the provisions of primary and secondary European Union law and the case law of the Court of Justice of the European Union, which is inherent to the functioning of the internal market and EU citizenship.
The prohibition of discrimination on grounds of nationality is undoubtedly one of the main goals of the European Union[1] in the social and economic context, which was reflected in the localization of the matter in question in the primary law of the European Union[2], in secondary law and in the jurisprudence of the Court of Justice of the European Union (CJEU). The Treaty on European Union (TEU)[3] and the Treaty on the Functioning of the European Union (TFEU)[4] indicate equality as one of the EU values (Article 2 TEU), require it to be promoted and combat all discrimination (Articles 8 and 10 TFEU) and prohibit discrimination due to the criteria indicated therein (Articles 18 and 19 TFEU). In secondary law, this principle was expressed primarily in the Regulation of the European Parliament and of the Council No. 492/2011 on the free movement of workers within the Union and in art. 24 of Directive 2004/38/EC 2004 on the right of citizens of the Union and their relatives to move freely[5].
A special role in this area is played by the case law of the Court of Justice of the European Union (CJEU), which stated that all authorities of the Member States are obliged to refuse to apply a provision of national law that is contrary to the prohibition of discrimination on the grounds of citizenship (Article 18 TFEU)[6]. Moreover, national measures may be examined in the light of art. 18 TFEU, but only to the extent that they apply to situations not covered by specific non-discrimination provisions included in the Treaty[7].
The author puts forward the thesis that the analysis of CJEU jurisprudence reveals a visible dissonance between the application of national regulations of the Member States and the provisions of EU law in this matter, which significantly hinders the implementation of the principle of non-discrimination in practice. Discrepancies mainly occur in domestic legal acts due to the improper drafting of national legal provisions and / or their misinterpretation by national judicial or administrative authorities. It should be emphasized that the Member States are obliged to comply with EU law, which is not tantamount only to the obligation of state authorities to respect directly applicable acts, or to implement required regulations into internal law, but also the obligation to interpret and apply internal law in a manner that does not violate the requirement resulting from EU law[8]. Judicial and administrative authorities of the Member States should therefore interpret national law as far as possible, in line with EU law, because the limits of the pro-EU interpretation will be determined by the powers conferred by domestic law[9].
The study uses the legal-comparative method, consisting in a comparative analysis of the legal systems of the Member States and the European Union in the field of non-discrimination on the basis of nationality, rights and restrictions on the freedom of movement of authorized entities. Comparative verification of EU acts with the internal standards of individual EU Member States allows to reveal the degree of advancement of the implementation process of EU law provisions under the free movement of EU citizens and their family members in the discussed area in the legal systems of European Union Member States. The purpose of this analysis is to, inter alia, diagnose areas in which these countries have not implemented or improperly implemented EU regulations, or have misinterpreted them.
The second method used is the method of analyzing the jurisprudence of the Court of Justice of the European Union - the rulings of the CJEU constitute a significant part of the study. The case law in question covers the period from the establishment of the Treaties of Rome to the present day. The use of the latter obligated the author to apply the comparative method of judgments based on same or similar legal bases in similar circumstances from different stages of the evolution of the free movement of citizens of the European Union and their family members under the prohibition of discrimination on the basis of nationality.
[1] Cf. Olivier De Schutter, Links between migration and discrimination. A legal analysis of the situation in EU Member States (Brussels: European Commission, 2016), 102 and next; See also Brita Sundberg-Weitman, Discrimination on Grounds of Nationality. Free Movement of Workers and Freedom of Establishment under the EEC Treaty (Amsterdam, New York, Oxford: North-Holland Publishing Co., 1977).
[2] Erica Szyszczak, “Antidiscrimination Law in the European Union,” Fordham International Law Journal, no. 32 (2008): 635.
[3] The Treaty on European Union (consolidated version) OJ of the EU 2012, No. C 326/01.
[4] The Treaty on the Functioning of the European Union (consolidated version) OJ of the EU 2012, No. C 326/01.
[5] Directive of the European Parliament and of the Council No. 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No. 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (O.J.E.C. L 158, 30 April 2004).
[6] CJEU Judgement of 7 May 1998, Clean Car Autoservice GmbH p. Landeshauptmann von Wien, Case C-350/96, ECLI:EU:C:1998:205.
[7] CJEU Judgement of 18 June 2019, Republic of Austria v Federal Republic of Germany, Case C-591/17, ECLI:EU:C:2019:504, pt 41.
[8] Marek Górski, “Wpływ orzecznictwa Europejskiego Trybunału Sprawiedliwości na interpretację i stosowanie przepisów o ochronie środowiska,” in Wspólnotowe prawo ochrony środowiska i jego implementacja w Polsce trzy lata po akcesji, ed. Jerzy Jendrośka and Magdalena Bar (Wrocław: Centrum Prawa Ekologicznego Press, 2008), 31.
[9] Monika Niedźwiedź, “Stosowanie prawa wspólnotowego przez organy administracyjne,” Casus, no. 32 (October 2004): 6.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Odorige, Catherine. "The Shoppers; Venue Shopping, Asylum Shopping: A Resolution in EURODAC?" Central and Eastern European eDem and eGov Days 331 (July 12, 2018): 229–37. http://dx.doi.org/10.24989/ocg.v331.19.
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The term shopping used in reference to two strictly legal/politically somewhat related issues ‘Asylum shopping’ and ‘Venue shopping’, belong to two different spheres of actors. Asylum shopping is descriptive of the action of asylum seekers selectivity, in choice of member state where they perceive better social and welfare conditions. Venue shopping, a concept introduced by Guiraudon in 2000, explain the action of movement by member states in the European Union from venues of national jurisdiction, less amenable to their search for more restrictive migration policy to venues howbeit transnational like transit countries and EU institutions suitable for their policy perspectives. This they did for the primary purpose of avoiding adversary activities of non-state actors and the judicial scrutiny within their national sphere. Common European Asylum System (CEAS) the Dublin Directive and the EURODAC are spill-over in the European integration Project, commonly referred to as the Schengen acquis in the area of migration and integration of third country nationals. The three directives are the results of policy search to administer the entrance and residence of third country nationals especially in the area of irregular migration.
This paper seeks to examine the inter-relationship between the two actors to which the commercial term shopping describes, how an electronic regulation in EURODAC became a check to their ‘shopping.’ For the asylum seekers exposing their agency, for the member states reducing anxieties, and influenced the ceding of powers hitherto held by member states through (intergovernmental) negotiations to the EU (Supranational) and the impact of these policy measures in checking security challenges and sanitization of this angle of asylum administration in the EU.
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Keil, Soeren. "The Business of State Capture and the Rise of Authoritarianism in Kosovo, Macedonia, Montenegro and Serbia." Southeastern Europe 42, no. 1 (April 9, 2018): 59–82. http://dx.doi.org/10.1163/18763332-04201004.
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This paper will discuss the rise of authoritarian tendencies in the political systems of Kosovo, Macedonia, Montenegro and Serbia. In all four countries, certain parties and political elites have become entrenched in the political system, and have been able to enhance their grip on power, often beyond, and in some cases through, constitutional frameworks. It will discuss how forms of state capture have enabled political elites to position themselves in a situation in which they not only control the political decision-making institutions, but also exercise excessive influence on the economic and social systems of these systems in transitional states. By extending their networks of patronage, limiting political access for opponents, and holding strong control over media and the judiciary, these elites have been able to develop semi-authoritarian systems, which utilise democratic elections to confirm their long-term dominance, veiling them in a veneer of legitimacy. This rise of electoral authoritarianism – and in turn illiberal democracy – is not only linked to the political actions of certain parties and elites, but also results from the political, social and economic changes that the countries under investigation have faced in recent years. What is more, the so-called transformative power of eu integration has failed to hinder or deter the rise of these new authoritarian regimes. The paper will progress in three main steps: In the first part, a theoretical framework will be introduced, by focusing on theories of democratization and authoritarian back-sliding. In the second part, the four countries under investigation will be discussed in more detail, to highlight why there has been an increase in authoritarian practices across these four countries. This section will also discuss how these authoritarian tendencies play out in practice and how they have been undermining the consolidation of liberal democracy. Finally, in the conclusion it will be discussed what the European Union (eu) and other actors could do in order to support those forces that focus on democratic governance in these countries, and make the accession process truly transformative.
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Borovska, I. A., and A. V. Petrovskyi. "Implementation features of the court case management in the civil proceedings of Ukraine." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 68–74. http://dx.doi.org/10.24144/2788-6018.2022.06.13.
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The article is devoted to research of fundamental principles of the court case management, it’s entity and place in the civil justice principle system, interrelations with other principles of civil justice, as well as specific of implementation during the course of individual procedural procedures in civil proceedings.
The article considers doctrinal scientific approaches regarding the legal nature of principles of the court case management, as well as certain aspects of principle of the court case management understanding as one of the fundamental principles associated with the effectiveness of justice through compliance with standards of civil proceedings, developed for the European Union countries.
In the context of conducted research about legal nature understanding of court’s procedural activity during civil proceedings in the doctrine of civil procedural law regarding to assigning ability of attributing it to an independent principle of civil proceedings, the statement was defined: the principle of judicial leadership is a separate functional principle of civil proceedings, which is integrated with the norms of procedural law and in connection with other general principles, such as the principles of access to justice, the rule of law, as well as the sectoral principles of civil proceedings - adversarial, dispositivity, proportionality; their implementation with the goal of discretionary powers by the court within separate differentiated procedural procedures and, at the same time, in combination with other principles, to fulfill the goal of civil justice. To substantiate the above, the norms of the civil procedural legislation of Ukraine were analysed, in which the principle of judicial leadership finds its direct and indirect embodiment.
On the basic of theoretical research and national civil procedural legislation review, the scientific position regarding nature of principle of the court case management have been formulated by a following feature extraction. It has been determined that the principle of the court case management is characterised by the following features: 1) it’s in a inextricable interconnection with other principles of civil proceedings, such as proportionality, dispositiveness, adversarial; 2)it’s used as a implementation of principles of civil justice during the execution judicial discretion within the limits of certain differentiated procedural procedures; 3) regarding to functional principles of civil proceedings it reflects legislation realisation as the norm of direct regulatory action by defining the role of the court as civil procedural legal relations member during the civil proceedings - a combination of powers and procedural actions of the chairman in the court session and indirect realisation through the prism of combination with other principles of civil justice.
According to the results of the conducted research, respective conclusions have been formulated.
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KELEMEN, R. DANIEL. "The Limits of Judicial Power." Comparative Political Studies 34, no. 6 (August 2001): 622–50. http://dx.doi.org/10.1177/0010414001034006002.
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This article analyzes the politics of supranational dispute resolution, focusing on trade-environment disputes in the context of the European Union (EU) and General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO). The author analyzes how the interaction of political and legal pressures has influenced decision making by the European Court of Justice (ECJ) and by GATT/WTO panels in trade-environment disputes.
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Papastatis, Haralambos. "The modern legal status of the Mount Athos." Zbornik radova Vizantoloskog instituta, no. 41 (2004): 525–38. http://dx.doi.org/10.2298/zrvi0441525p.
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The peninsula of Athos in Chalkidiki became a center of organized monachal life in monasteries in the year 963, when with the initiative of the Byzantine emperor Nichephorus Phocas the Monastery of Great Laura was founded. Since that time Mount Athos (=MA) became the "Holy Mountain" and has attracted the moral and material support of the Byzantine emperors, various Orthodox countries and the flock till today. During this long period of more then one thousand years, MA was armed with a privileged legal status, the existence of which continues till now. The legal status of MA is based on three foundations: I. The law of the Hellenic Republic, II. The Public International Law, and III. The European Law. I. Fundamental significance for the status of MA have the provisions of article 105 of the Greek Constitution. Then is the Charter of MA, which is drawn up and voted by the Athonite monachal authorities and afterwards ratified by the Ecumenical Patriarchate of Constantinople and the Greek Parliament. The Charter is a law of superior formal force in comparison to the other laws. According to the Constitution and the Charter, MA has an ancient privileged status and is a self-governed part of the Greek State, whose sovereignty remains intact. Spiritually MA is under the direct jurisdiction of the Ecumenical Patriarchate, direct in the sense that the Ecumenical Patriarch is also the local bishop of MA The territory of the peninsula is exempt from expropriation and is divided among the twenty Athonite monasteries exclusively. The administrative power lies in self-administration of the first and the second degree. The first is exercised by the ruling twenty monasteries. This number may not be changed, nor may their position in the preeminence, nor towards their dependencies (skates, cells, hermitages). Nowadays all the monasteries are coenobitic, i.e. the monks share a common life and have no private property. The monasteries are administered by the abbot, the Elders' Assembly and the Brotherhood. Second degree administration is operated by: 1. the Holy Community. It is comprised by twenty monks members, each of whom represents one monastery, 2. the Holy Community's executive organ is the Hiera Epistassia, which comprises four monks drawn annually from four monasteries in rotation. The leader of the Hiera Epistassia is called the First (= Protos). The Hiera Epistassis also performs specific duties as police force, police court and municipality of Karyes, the capital town of MA The legislative power is in the hands of: 1. The Holy Community as far as concerns the Charter of MA, 2. the Extraordinary Biannual Twenty-Members Assembly, which draws up the regulative provisions, and 3. the Greek State, as far as concerns: a) the rights and the duties of the (civil) Governor of MA, b) the judicial power of the Athonite authorities, and c) the custom and taxation privileges granted by the State to MA The judicial power belongs to: 1. the monastic courts (the abbot with the Elders' Assembly), 2. the Holy Community, 3. the Hiera Epistassia, and 4. the Ecumenical Patriarchate. The observance of the regimes is in the spiritual field under the supreme supervision of the Patriarchate and in the administrative under the supervision of the State, which is also exclusively responsible for safeguarding public order and security. These responsibilities of the State are exercised through the (civil) Governor of MA, whose rights and duties are determined by common law. All persons leading a monastic life in MA acquire the Greek citizenship without further formalities, upon admission in a monastery as novices or monks. Also persons who are not Orthodox Christians or they are schismatic Orthodox are prohibited from dwelling in MA II. The first international treaty that recognized an international protection of the MA status was that of San Stefano (1878), but only for the Russian monks. The Treaty of Berlin (also 1878) recognized the same protection for all the monks who were not borne in the Ottoman empire. Its article n? 62,8 was as follows: "Les moines du Mont Athos, quel que soit leur pays d'origine, seront maintenus dans leurs possessions et avantages ant?rieurs et jouiront, sans aucune exception, d'une enti?re ?galit? de droits et prerogatives". This provision was repeated in the special treaties of S?vres (1920) and then in the protocol of the Treaty of Lausanne (1923). These treaties safeguarded the rights and the liberties of the non-Greek monastic communi ties in MA as follows: "La Gr?ce s'engage ? reconna?tre et maintenir les droits traditionnels et les libert?s, dont jouissent les communaut?s monastiques non grecques du Mont Athos d'apr?s les dispositions de l'article 62 du trait? de Berlin du 13 juillet 1878". The same provision has been repeated in the Legislative Decree of 29.9/30.10.1923 "On the Protection of Minorities in Greece", article 13. III. Because a lot of provisions of the MA law are opposite to the principles of the European Union (for example the clausura to women, the special license in order to visit the peninsula, the taxation and customs privileges etc.), Joint Declaration n? 4 concerns MA was included in the Final Act (1979) of the Agreement concerning the accession of the Hellenic Republic in the European Economic Community, now-a days European Union. According to this Declaration, recognizing that the special status granted to MA, as guaranteed by the Greek Constitution, is justified exclusively on grounds of a spiritual and religious nature, the Community will ensure that this status is taken into account in the application and subsequent preparation of pro visions of Community law, in particular in relation to customs franchise privileges, tax exemptions, and the right of establishment. .
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Bilohur, Vlada, and Roman Oleksenko. "THE EUROPEAN SPORT MODELS MANAGEMENT IN THE EUROPEAN UNION COUNTRIES EUROPEAN UNION." HUMANITIES STUDIES 90, no. 13 (2022): 59–68. http://dx.doi.org/10.26661/hst-2022-13-90-07.
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Monedero, Pablo José Abascal. "Family Laws in the European Union." Socialinė teorija, empirija, politika ir praktika 19 (September 16, 2019): 87–94. http://dx.doi.org/10.15388/stepp.2019.13.
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EU social policies should be complemented by contributing to a harmonious development of society, by reducing structural and regional imbalances, developing a balance between the a localized community and the national society, and improving the living standards of citizens and families of member states (Garrido 2002). Such important social policy principles as freedom and justice are addressed and represented in family laws in the EU regulations introduced during the period of 2000–2016. In this article, we studied the EU’s legal solutions in reference to national (Spain) laws on these matters: children and parental responsibility (adoption, child abduction, family benefits) and couples (matrimonial, regimes, prenuptial agreements, provisional measures). This legislation is necessary in the face of the proliferation of families whose members have different nationalities, and even in the mobilization of residences. Cooperation has intensified between national judicial authorities to ensure that legal decisions taken in one EU country are recognized and implemented in any other. This is highly important in civil cases, such as divorce, child custody, maintenance claims, or even bankruptcy and unpaid bills, when the individuals involved live in different countries. The development of family laws is one of the most important factors of family welfare in European countries.
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Mucha-Leszko, Bogumiła, and Katarzyna Twarowska. "The European Union As A Global Economic Power." Comparative Economic Research. Central and Eastern Europe 19, no. 3 (September 30, 2016): 27–44. http://dx.doi.org/10.1515/cer-2016-0019.
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The aim of this study is to evaluate the EU economic position in 1995–2014 as well as the prospective growth potential in the global dimension up to 2025. The subject of the research is real and projected data including: GDP growth rate, main growth factors (labour, labour productivity and Total Factor Productivity), and their input to GDP growth, as well as data showing public debts and budget deficits. The analysis was conducted for the years 1995–2014 and 2015–2025. The authors' basic conclusions are: 1) the technological and economic gap between the European Union and the United States has been deepening; 2) the increasing polarisation of world economic powers and low GDP growth in the European Union limit the EU’s chances of maintaining the position as the second centre in the world economy; 3) improving the situation in public finances in the European Union as compared to the US is a factor which could raise GDP growth rates in European countries, however, there are countries whose future is in doubt due to the dramatically poor state of public finances, such as Greece, Italy, Portugal or Ireland; 4) economic growth forecasts indicate a deepening of the economic gap between the largest EU countries and the US.
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Bobek, Michal, and David Kosař. "Global Solutions, Local Damages: A Critical Study in Judicial Councils in Central and Eastern Europe." German Law Journal 15, no. 7 (December 1, 2014): 1257–92. http://dx.doi.org/10.1017/s2071832200019362.
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Judicial independence appears on most laundry lists of all bodies or institutions engaged with the rule of law. It is considered an unqualified public good. As a result, all major players engaged in legal reform and building a rule of law have diverted significant resources to this issue. For instance, the United Nations created the office of Special Rapporteur on the Independence of Judges and Lawyers in 1994. The World Bank has been investing heavily in judicial reforms in Latin America and Asia. In Europe, the Council of Europe has been pushing for judicial independence and judicial reform throughout the continent. Additionally, the European Union included judicial independence among its core requirements for the accession countries. Both organizations, the European Union and the Council of Europe, then jointly encouraged legal and judicial reforms in Central and Eastern Europe (CEE). A number of non-governmental organizations have likewise paid considerable attention to this issue.
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Vermulst, Edwin, and Edwin Vermulst. "Judicial Review of Trade Remedy Determinations in Ten User Countries." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 195–99. http://dx.doi.org/10.54648/gtcj2012025.
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This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Vogiatzis, Nikos. "Exploring the European Council's Legal Accountability: Court of Justice and European Ombudsman." German Law Journal 14, no. 9 (September 1, 2013): 1661–86. http://dx.doi.org/10.1017/s2071832200002467.
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The purpose of this article is to explore the avenues for legal accountability vis-à-vis the European Council after the Treaty of Lisbon. This will be achieved through an assessment of the jurisdictional realms of, on the one hand, the Court of Justice of the European Union (CJEU), and on the other hand, the European Ombudsman, always in relation to the European Council. Legal accountability may be understood in this respect as the supervision of the observance of the European Union (EU) rule of law. The European Ombudsman is an EU body established by the Treaty of Maastricht; by virtue of Art. 228 of the Treaty on the Functioning of the European Union (TFEU), he or she has the power to investigate complaints of maladministration “in the activities of the Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the European Union acting in its judicial role.”
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HARBO, TOR-INGE. "Introducing Procedural Proportionality Review in European Law." Leiden Journal of International Law 30, no. 1 (December 13, 2016): 25–47. http://dx.doi.org/10.1017/s0922156516000662.
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AbstractProportionality review has emerged as a multi-purpose, best-practice standard for conflict resolution, and has for this reason been embraced by most constitutional systems worldwide. It is, however, difficult to escape the fact that proportionality review opens up room for judicial discretion. In European Union law, as well as European Convention on Human Rights law, this discretion has provided an activist judiciary with a most powerful tool for facilitating European integration through judicial adjudication. In a number of recent cases, this approach has been criticized. The critique raised reaches beyond the application of the proportionality principle in concrete cases. It also encompasses a critique of the proportionality principle as such, at least the conventional interpretation of the proportionality principle. This, in turn, raises questions concerning the concept of European law, its constitutional quest and even its very legitimacy. In this article the author discusses the legal and political implications of these challenges and proposes a revival of political power at the expense of judicial power. To this effect, the author introduces procedural proportionality review. Procedural proportionality review secures judicial deference, although not judicial abdication, in politically controversial and democratically legitimate cases.
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Moulis, Daniel, and Alistair Bridges. "Administrative and Judicial Review of Anti-dumping Measures in Australia." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 200–210. http://dx.doi.org/10.54648/gtcj2012026.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Lingchen, Pu. "Judicial Review of Anti-dumping Measures in China." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 237–39. http://dx.doi.org/10.54648/gtcj2012029.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Monteiro de Carvalho, Carol, and Andrea Weiss Balassiano. "Administrative and Judicial Review of Anti-dumping Determinations in Brazil." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 211–30. http://dx.doi.org/10.54648/gtcj2012027.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Bundjamin, Erry. "Judicial Review of Anti-dumping Determinations in Indonesia." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 257–62. http://dx.doi.org/10.54648/gtcj2012032.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Trendl, Thomas J. "Judicial Review of Anti-dumping Determinations in the United States." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 283–89. http://dx.doi.org/10.54648/gtcj2012035.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Vermulst, Edwin, and Edwin Vermulst. "Judicial Review of Anti-dumping Determinations in the EU." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 240–47. http://dx.doi.org/10.54648/gtcj2012030.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Seetharaman, Sampath. "Judicial Review of Anti-dumping Actions Country Study: India." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 248–56. http://dx.doi.org/10.54648/gtcj2012031.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
41
McIlroy, James. "Judicial Review of Anti-dumping Determinations in Canada." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 231–36. http://dx.doi.org/10.54648/gtcj2012028.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
42
Uruchurtu, Gustavo A. "Judicial Review of Anti-dumping Determinations in Mexico." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 263–74. http://dx.doi.org/10.54648/gtcj2012033.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
43
Brink, Gustav. "Anti-dumping and Judicial Review in South Africa: An Urgent Need for Change." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 275–82. http://dx.doi.org/10.54648/gtcj2012034.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Petersmann, Ernst-Ulrich. "The European Unions Cosmopolitan Foreign Policy Constitution and Its Disregard in Transatlantic Free Trade Agreements." European Foreign Affairs Review 21, Issue 4 (December 1, 2016): 449–68. http://dx.doi.org/10.54648/eerr2016039.
Full textAbstract:
The universal recognition of human rights promotes international ‘cosmopolitan law’ protecting rights and judicial remedies of citizens in ever more fields of international regulation. Yet, even though free trade agreements (FTAs) protecting rights and remedies of citizens have been uniquely successful in European integration, the European Union (EU)’s ‘cosmopolitan foreign policy mandate’ is increasingly disregarded in FTA negotiations with non-European countries. The EU’s transatlantic FTAs risk undermining fundamental rights and judicial remedies inside the EU. Citizens rightly challenge the interest group politics in designing transatlantic FTAs and the EU’s neglect for participatory and deliberative democracy in EU trade policies on regulating international markets.
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Medović, Vladimir. "Stabilization and association treaties in the law of the European Union." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 3–10. http://dx.doi.org/10.5937/gakv0402003m.
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.
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Grecu, Robert-Adrian. "Synchronization of Business Cycles in European Union Countries." Proceedings of the International Conference on Business Excellence 16, no. 1 (August 1, 2022): 217–28. http://dx.doi.org/10.2478/picbe-2022-0021.
Full textAbstract:
Abstract The COVID-19 pandemic has affected economic activity worldwide. Despite the progress made by vaccination campaigns, important uncertainties still linger amid persistent global value chains disruptions and the ongoing energy crisis. A proper understanding of the behavior of the economy is therefore essential for future policy decisions. While there are plenty of studies regarding business cycles, using various methods from univariate filters to more complex methods, less papers focus on large scale comparisons. In this paper, we provide an overview of business cycles in European Union countries. We use the Hodrick-Prescott filter in order to measure the cyclical component of the gross domestic product and the Bry-Boschan-Quarterly algorithm for further analysis, namely the duration and the amplitude of the business cycles. Our results show that their size in European Union countries varies from 2.7 to 6 years and their amplitude is between 1.6 and 5.6 percentage points. We show that in developed economies, business cycles are more stable. Furthermore, strong correlations in terms of business cycles are found in the case of certain groups of countries, such as the Baltic ones or Belgium, Austria and France. In the case of Romania, its business cycle is more similar to the one of Bulgaria, Croatia and Slovenia. These results could provide useful information for policymakers in terms of future policy decisions conditional on both the current state of the economy and its structural characteristics. Under these circumstances, support measures should also take into consideration such properties of the economy.
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Petkova, Bilyana. "The Notion of Consensus as a Route to Democratic Adjudication?" Cambridge Yearbook of European Legal Studies 14 (2012): 663–95. http://dx.doi.org/10.5235/152888712805580453.
Full textAbstract:
AbstractBuilding on the theory of democratic constitutionalism, I assess the political implications of the constitutional space formed by the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR) and national constitutional courts in Europe. Democratic constitutionalism helps situate the role of constitutional courts in stimulating a degree of consensus, necessary for governance of heterogeneous communities such as the United States and the European Union. Questions of legitimacy and confidence in the judiciary come to the fore. I examine a mechanism used by the US Supreme Court, the CJEU and the ECtHR alike to foster democratic constitutionalism: in order to confront challenges to judicial legitimacy and remain responsive to the extra-judicial environment, these courts rely on majoritarian trends, or consensus, inspired by, but not limited to, the constitutional law of federal states and member countries.
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Veebel, Viljar, and Raul Markus. "European Normative Power During Ukrainian-Russian Conflict." Baltic Journal of Law & Politics 11, no. 1 (June 1, 2018): 1–20. http://dx.doi.org/10.2478/bjlp-2018-0001.
Full textAbstract:
Abstract During last two decades the European Union as “normative power Europe” has been associated with the export of certain universal norms, rules and practices to the other countries. Rule of law, democracy, strong commitment to human rights and fundamental freedoms, and social justice — these principles form the core of the identity of the European Union. Relying on shared political, economic and cultural ties among member states, the EU has sought to promote these norms also in the neighbouring countries, including Russia. However, the outbreak of the violent conflict between Russia and Ukraine at the end of 2013 clearly demonstrates that the EU has failed in its efforts in Russia despite extensive mutual relations and comprehensive financial support provided by the EU. The aim of the current article is to analyse how consistent the EU has been in defending and promoting European values and norms in the international arena and with Russia during the Ukrainian-Russian conflict.
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Dickerson, Hollin K. "Judging the Judges: The State of Judicial Reform in Eastern Europe on the Eve of Accession." International Journal of Legal Information 32, no. 3 (2004): 539–81. http://dx.doi.org/10.1017/s073112650000442x.
Full textAbstract:
On May 1, 2004, ten new countries joined the European Union (EU), bringing the number of members from fifteen to a total of twenty-five. This expansion was the largest expansion ever undertaken by the EU, raising serious questions regarding the integration of different cultures, economies, political systems, and legal regimes into a very Westernized EU. These issues are further complicated by the fact that eight of the ten accession countries, namely Hungary, Poland, the Czech Republic, Slovakia, Slovenia, Estonia, Latvia, and Lithuania, are all Eastern European nations that have only been independent states since the fall of the Berlin Wall in 1989 and the subsequent disintegration of the Soviet Union in 1991. Still coping with the transition from socialism to capitalism and from oppression to democracy, each of these nations encountered unique challenges as they approached the date of formal EU accession.
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Vavrek, Roman, and Jana Chovancová. "Energy Performance of the European Union Countries in Terms of Reaching the European Energy Union Objectives." Energies 13, no. 20 (October 13, 2020): 5317. http://dx.doi.org/10.3390/en13205317.
Full textAbstract:
European energy policy, especially the project of the Energy Union, is one of the most rapidly developing areas of the EU, and one through which European institutions are obtaining gradually more extensive power over the performance of the national energy sectors. The paper focuses on an analysis of the energy performance of EU member states (MS) with regard to the priorities of the European Energy Union. For an assessment of the energy performance of EU countries, the Technique for Order of Preference by Similarity to Ideal Solution (TOPSIS) was chosen, using the Coefficient of Variation method (CV) as an objective method for determining the weights of eight input indicators, including CO2 intensity, electricity and gas price, energy productivity, energy dependence, consumption of renewables and research and development. The analysis for the period from 2008 to 2016 showed significant changes in the input indicators, which directly influenced the results of both methods mentioned above. Long-term differences between the best- and worst-rated countries are seen mainly in CO2 emissions, energy imports and total consumption of renewable energy sources. It is these aspects of comprehensive energy performance and their convergence at the level of EU countries that we believe should be addressed in the near future.