Journal articles on the topic 'Judicial process – 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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Grigorieva, Tamara A., Svetlana P. Kazakova, Alena V. Kruzhalova, Regina V. Fomicheva, and Liliya G. Scherbakova. "Pandemic-Driven E-Justice in a Civil Process: Comparative Legal Analysis." Vestnik Tomskogo gosudarstvennogo universiteta, no. 472 (2021): 235–47. http://dx.doi.org/10.17223/15617793/472/28.
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The aim of the work is to identify gaps in the regulatory framework containing the rules and procedures for the actions of persons participating in the civil law process, in the presence of external factors, namely, during a pandemic, in order to improve procedural legislation based on the relevant experience of different countries. When conducting a study of legislation, judicial acts regulating the possibility of administering justice under quarantine conditions, general scientific methods of analysis, synthesis, generalization, forecasting, as well as specific scientific methods - comparative legal, formal logical, forecasting, were used. The regulatory framework, acts of courts regulating the issues of administering justice in conditions of self-isolation were analyzed. The features of the impact of the pandemic on judicial activities in Russia, in the Republic of Kazakhstan, in the European Union, as well as in the UK were revealed. Remote means of communication with the court were investigated, as well as consideration of a court case in a civil law process using the means of online interaction. In Russia, the pandemic, along with the use of electronic justice through the systems Moy Arbitr and Pravosudie, became an incentive for the introduction of online meetings in arbitration courts, various types of web conferences. In the Republic of Kazakhstan, quarantine measures became the reason for the greater use of the TrueConf service, the mobile courtroom. The European Union increased the interaction of courts in a distance format with the help of the European eJustice portal. The UK is distinguished by its progressive approach to the legislative settlement of the circumstances associated with remote proceedings. The tasks of electronic justice are set, which must be solved by Russia in an emergency situation. In conclusion, the authors infer that the pandemic had an impact on the introduction of new information technologies in the civil process. The technical component of e-justice is important, but it is impossible to ensure its implementation without fixing the procedural rules in the relevant codified sources. Despite the fact that the legal proceedings in Russia are at a high level and an example in this issue for other countries, it is necessary to refer to the experience of the Republic of Kazakhstan, where a special mobile application TrueConf was developed, which does not require stationary equipment and is more accessible to citizens without contacting specialists. As for the UK, in the authors' opinion, it is worth paying attention to the responsiveness of the legislature regarding the issues that need to be resolved in order to normalize the work of the judicial system in emergency situations during the pandemic.
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Sirotkina, Mariia, Olena Lomakina, and Olena Shkarnega. "TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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MÁRQUEZ CHAMIZO, ESPERANZA, and AUGUSTO PANSARD ANAYA. "Enforceability of the agreements reached in the European Union. Some reflections." Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no. 10 (July 1, 2014): 37–70. http://dx.doi.org/10.24310/rejie.2014.v0i10.7717.
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The legal system in Spain is undergoing a process of convergence with our neighboring countries in the European Union. Directive 52/2008 on mediation in civil and commercial matters has been recently transposed by the Law 5/2012, of July 6th. This is the first rule about civil and commercial mediation in the state level and it happens when mediation begin to be considered as an alternative to prosecution or via arbitration, as it involves a system of conflict resolution, that can help to get the right to judicial protection, keeping the Courts as a last resort andturning the citizen into active protagonist of the solution of their own conflict.This paper aims to analyze the questions about the mediation agreement in European Union, their enforceability and binding effects, the procedure to be followed or the effectiveness of the agreements reached therein.The gradual consolidation of mediation between legal operators involves reflection on the model adopted in our system, because this method has meant a great improvement in all Member States legal system. It is necessary to promote the culture of mediation to bring this institution to all sectors of society involved.
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Mrvić-Petrović, Nataša. "Right to compensation of damage arising from traffic accident in the legislation of the countries in transition." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 210–22. http://dx.doi.org/10.5937/gakv9907210m.
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By comparative analysis of the bases of liability for damages and the scope of the right to compensation for damages arising from traffic accidents existing in the legislation of the countries that are undergoing transition, the author reaches a conclusion that the process of overcoming the disadvantages of the former legislative solutions is going on slowly and that significant differences are noticed in respect of the level of protection of the injured person. In comparison to these jurisdictions, the present Yugoslav law, especially the solutions accepted in court practice, prove to be much more comprehensive. With the existing changes of the insurance law and with improved efficiency of the judicial protection, Yugoslav legislation could be more successfully adapted to the standards of the European Union.
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Kovács, Kriszta, and Kim Lane Scheppele. "The fragility of an independent judiciary: Lessons from Hungary and Poland—and the European Union." Communist and Post-Communist Studies 51, no. 3 (August 2, 2018): 189–200. http://dx.doi.org/10.1016/j.postcomstud.2018.07.005.
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When the European Union was founded, it was assumed that all Member States admitted as consolidated democracies would maintain their constitutional commitments. In recent years, Hungary and Poland have challenged this premise as elected autocratic governments in those countries have captured independent institutions and threatened long-term democracy. The judiciaries of these countries have been hard hit. In this paper, we trace what has happened to the judiciaries in Hungary and Poland, showing how first the constitutional courts and then the ordinary judiciary have been brought under the control of political forces so that there is no longer a separation of law and politics.We also explore why the European Union has so far not been able to stop this process. In the end, the European judiciary, particularly the Court of Justice, is attempting a rescue of national judiciaries, but the results are so far unclear.
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Vartovnik, O. M. "Implementation of the principles and values of EU law in the national legal systems of the states parties." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 357–62. http://dx.doi.org/10.24144/2307-3322.2021.64.65.
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The article considers the goals and process of formation of the European Union as a regional intergovernmental organization. The general concept of the values of the European Union in the light of the Lisbon Treaty is given. The role and place of the EU normative documents - the Charter of Fundamental Rights and the European Convention on Human Rights, in the formation of the fundamental values of the union are analyzed. The author notes that the basis of the values of the European Union is a set of fundamental human rights.The significance of the Copenhagen criteria for promoting the implementation of EU values by the state is analyzed. The Copenhagen Declaration identifies three sectors of requirements for a country aspiring to join the Community: the political sector, which requires the establishment and observance of the principles of democracy and the rule of human rights, and the economic sector, which requires fair competition. The third set of requirements is purely procedural and concerns the state’s obligation to adhere to the EU accession procedure.The author examines the state of implementation of the fundamental principles of the Union in the founding states on the example of the Federal Republic of Germany and the French Republic, as well as the implementation of Union values in countries that have recently become full members of the European Community. Thus, in Germa-ny and France today there is a fairly high level of implementation and compliance with the basic principles of the
European Union, while in Poland recently there are some problems with this. Thus, for the last 7 years, this state has violated the values of the EU in two categories at once - in the category of personal and political rights. In 2020, the number of legal grounds for abortion in the Republic of Poland was limited, violating the right to the integrity of the person and his or her inviolability, which is one of the core values of the European Union.Іn 2017, the European Commission filed a lawsuit against Poland in the European Court of Justice for violating the requirements of the EU Treaty regarding the principle of judicial independence.
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De Becker, E. "The (Possible) Role of the Right to Social Security in the EU Economic Monitoring Process." German Law Journal 17, no. 3 (June 1, 2016): 277–314. http://dx.doi.org/10.1017/s2071832200019787.
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The outbreak of the financial and economic crisis in 2008 had a severe impact on the member states of the European Union. Countries like Greece had to ask the Troika (the European Commission, the European Central Bank and the International Monetary Fund) for financial aid. In return, they were obliged to reduce public spending and, as a result, national social security systems were drastically reformed. Furthermore, the EU has exercised its competences to supervise national budgets more extensively, even for countries not applying for financial aid through the Country Specific Recommendations under the European Semester. Like the decisions providing financial support, these recommendations also touch upon member states' social security systems. Moreover, the actions of the EU seem to generate a tension between the social rights provisions in (inter)national human rights instruments and the EU economic monitoring process, hence creating a possible deficit at the level of the EU. The five collective complaints against Greece under the framework of the European Social Charter (Council of Europe) illustrate this tension. This Article investigates this tension further and provides insights in possible ways to close the gap between (inter)national social rights provisions and the EU economic monitoring process by looking at the right to social security in the EU legal order. In doing so, this Article scrutinizes the judicial safeguards available at EU level, namely the right to social security in the Charter of Fundamental Rights (CFEU) and the role of general principles of Union's law for the protection of fundamental rights. It will become clear that a lot of uncertainty still remains regarding the content and scope of the right to social security in the CFEU, as well as the enforceability of this provision in the EU economic monitoring process.
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Rojo Chacón, Araceli. "La Transposición al Derecho Nacional de la Directiva Europea 2010/64/UE en España, Francia, Bélgica y Luxemburgo: “Lost in transposition”." FITISPos International Journal 2 (April 24, 2015): 94–109. http://dx.doi.org/10.37536/fitispos-ij.2015.2.0.40.
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Resumen: En el contexto de la globalización, el número de procesos penales multilingües en la Unión Europea ha aumentado. Para afrontar este reto, el 20 de octubre de 2010, el Parlamento Europeo aprobó la Directiva 2010/64/UE sobre el derecho a la interpretación y traducción en los proceso penales. Agotado el plazo de transcripción, en este estudio se analizan las medidas adoptadas en España, Bélgica, Francia y Luxemburgo, centrándose en la principal novedad introducida por la Directiva: la creación de un registro de traductores e interpretes independientes. Para extraer mejores conclusiones, se compara la situación en estos cuatro países con el caso de Austria, donde los requisitos para actuar como traductor e interprete judicial fueron establecidos antes de la publicación de la Directiva. El objetivo principal de este articulo es destacar casos de buenas y malas prácticas y proponer nuevas iniciativas que puedan contribuir a mejorar la calidad de la traducción e interpretación en los procesos penales.Abstract: In a context of globalization, the number of multilingual criminal proceedings in the European Union is increasing. To deal with this challenge, on the 20th of October 2010, the European Parliament published the Directive 2010/64/UE on the right to interpretation and translation in criminal proceedings. Once the transposition deadline ended, the current study aims at analyzing the measures taken in Spain, Belgium, France and Luxemburg, focusing on the main innovation presented by the Directive: the creation of a register of independent translators and interpreters. For a better analysis, the situation in these four countries is compared to the case of Austria, where the requirements to act as judicial translator and interpreter had been established before the Directive. The main goal of the paper is to highlight cases of good and bad practices and to suggest new initiatives in order to improve the overall quality of translation and interpreting in criminal proceedings.
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Bruszt, Laszlo, and Nauro F. Campos. "Economic integration and state capacity." Journal of Institutional Economics 15, no. 3 (October 10, 2018): 449–68. http://dx.doi.org/10.1017/s1744137418000346.
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AbstractWe investigate whether and how economic integration increases state capacity. This important relationship has not been studied in detail so far. We put together a conceptual framework that highlights what we call the Montesquieu, Weber and Smith channels to guide our analysis. Each of these corresponds to a series of mechanisms in three distinct institutional arenas: judiciary, bureaucracy and competition policy. To test our framework, we introduce a new panel of institutional reform measures that allow us to investigate how changes in these three arenas interact with each other and what sequence of changes yields increases in state capacity. The yearly data set covers all the 17 candidate countries to join the European Union (EU) after the 1995 enlargement. Deep integration, we find, can induce broad institutional change by providing incentives for simultaneous change in core state institutions. Bureaucratic independence and judicial capacity seem to be the key engine of the process engendered by the prospect of EU membership. Yet early and abrupt removal of external anchors might generate significant backsliding, or reversals, in domestic institutional change.
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Adijāne, Iveta. "ASYLUM PROCEDURE IN LATVIA - A PART OF COMMON EUROPEAN ASYLUM SYSTEM." BORDER SECURITY AND MANAGEMENT 2, no. 7 (July 5, 2018): 7. http://dx.doi.org/10.17770/bsm.v2i7.3494.
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The Common European Asylum System (CEAS) conditions apply to Latvia. Development of the Common European Asylum System impacts Latvian legislation and has an effect on the work of judicial institutions. Any European Union scale change affects Latvia. Common European Asylum System conditions in Latvia are being met by direct implementation of the EU instructions. Well-considered position and evaluation of CEAS conditions according to Latvian interests is necessary. Goal of this article is to review demands of the Common European Asylum System towards the member states as well as concordance of the Latvian asylum procedure with conditions of the Common European Asylum System. Objectives of this research is to examine development of legislation in the EU and Latvia, to analyse and compare current legislation of the asylum procedure in the EU member states as well as to analyse impact of CEAS towards the asylum procedure in Latvia. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in the EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of the asylum procedure and determine interconnections in the asylum procedure time frame between legislation and practical instances in EU countries.
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Cerruti, Tanja. "The Political Criteria for Accession to the EU in the Experience of Croatia." European Public Law 20, Issue 4 (December 1, 2014): 771–98. http://dx.doi.org/10.54648/euro2014046.
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Croatia became the twenty-eighth member of the European Union following an intense preparation process that was heavily influenced by adherence to the so-called political criteria set for the fifth enlargement of the Union, but that were implicit also in previous phases. The additional conditions laid down in the criteria applied to the preparation process of the Western Balkan Countries reflecting the historical and political context of what was characterized, in the 1990s, by bloody ethnic conflicts. The strict application of the political criteria and the careful monitoring of their application by the European Institutions have spurred in Croatia a number of significant reforms, both at legislative and constitutional level, particularly concerning the judiciary. The outcome of the preparation process not only led to Croatia's accession to the EU, but also benefitted the Country itself. However, the management of this process and the overall EU scenario pose
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Yataganas, Xenophon, and George Tsebelis. "The Treaty of Nice, the Convention Draft and the Constitution for Europe Under a Veto Players Analysis." European Constitutional Law Review 1, no. 3 (October 2005): 429–51. http://dx.doi.org/10.1017/s1574019605004293.
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Triple majority for changing the status quo in Treaty of Nice (2001): qualified majority of weighted votes, majority of countries, qualified majority of the population. Convention proposal (2003): requirements from three to two by dropping the qualified majority of weighted votes and reducing the qualified majority threshold of the population from 62% to 60%. Important consequences for the political institutions of the Union: 1) facilitates political decision-making; 2) reduces relative weight of governments participating in the Council and increases the importance of the European Parliament; 3) reduces the role of the judiciary and bureaucracies in the Union in favor of the political process. Consequences of the Treaty establishing a Constitution for Europe signed in Rome 29 October 2004. Exactly in the middle between Nice and the European Convention.
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Vennikova, V. V. "Disputes in the sphere of social security: ways of prevention, essence and methods of resolution in the countries of the European Union." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.
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The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.
Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.
It was determined that a social model has developed in European countries, which is based on such values common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values also formed the basis of consideration and resolution of disputes in the field of social security. The listed values should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.
In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
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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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Kovalenko, I. "Some types of works posted on the internet, and the peculiarities of their protection by Ukrainian copyright compared to US law." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 181–85. http://dx.doi.org/10.24144/2307-3322.2022.70.26.
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The article deals with the peculiarities of protection against plagiarism of works posted on the Internet and the peculiarities of their protection by Ukrainian copyright compared with US legislation.
The ratio of features of the computer program as an object of copyright protection is analyzed. After all, the program derived from the algorithm and is in a sense, its equivalent. This means that some basic features of algorithms are inherent in programs. The program can also be considered as a means of implementing an algorithm, and as such, characterized by certain distinct features from which for the purposes of the program research as an object of copyright protection can be distinguished: unlike the algorithm, which is a sequence of logical-mathematical Transformation operations, the program contains a sequence of commands that describe the process of implementing an algorithm and provide control of this process. The objective form of expression of the program is its recording formalized language of simultaneous computers.
It is determined that the protection of computer programs by copyright norms, is a great theoretical and practical curiosity as the simplest and economical.
The jurisdictional and non-legal forms of protection of patent law are characterized, the main ways of protecting intellectual property rights are clarified. The emphasis on the judicial prohibition as a way of protecting intellectual property rights is analyzed by the international index of property rights, in particular the level of protection of intellectual property rights in Ukraine and in the United States. The fact of a low indicator of protection of intellectual property rights in our country is established compared to European countries. The main issues of protection of intellectual property rights in Ukraine are highlighted. It is emphasized the need to adapt national legislation to the legal system of the European Union. There are a number of international treaties regulating intellectual property relations at the international level. The European integration course of Ukraine indicates its desire to adapt their legal system to European standards, and therefore, concluding an Association Agreement with the EU, Ukraine has undertaken to harmonize its intellectual property legislation with European legislation. The provisions of a number of European legal acts regulating the issue of protecting intellectual property rights are given. Problems of collecting evidence base for violation of intellectual property rights remains open issues as a national judicial practice on this issue. It is necessary to create a specialized judiciary that would consider cases of violation of intellectual property rights, including on the Internet. It is necessary to enhance legal responsibility for violations in the field of intellectual property, in particular regarding the distribution of pirate products.
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Peruzzo, Katia. "European English and the translation of the Italian Code of Criminal Procedure." Between specialised texts and institutional contexts – competence and choice in legal translation 3, no. 1 (May 11, 2017): 5–19. http://dx.doi.org/10.1075/ttmc.3.1.02per.
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Abstract The English translation of the Italian Code of Criminal Procedure (Gialuz, Lupária, and Scarpa 2014) represents a step forward in fostering judicial and police cooperation in Europe. This is made possible by making the content of the Code accessible to a wide English-speaking audience. Given the informative purpose of the translation (Cao 2007), whose intended readers are mainly European citizens, the target language chosen by the translation team is European English, i.e. the English used in European Union texts, the international English used in Council of Europe texts, the English found in the translations of the Codes of Criminal Procedure of other European countries and the English used by law scholars (Scarpa, Peruzzo, and Pontrandolfo 2014). The European continent is a multidimensional and multilayered legal reality in which different languages co-exist and legal transplants and terminological transfers are commonplace. Based on such premises, however, the embeddedness of the Code of Criminal Procedure in the Italian legal system poses several translation difficulties, especially in the search for supranational/international English translation equivalents for terms that refer to nationally developed legal concepts. For these terms, established translation equivalents are not necessarily available. The aims of this paper are threefold: to describe the features of the interdisciplinary translation team consisting of ten members (linguists and lawyers), to lay out the peculiarities of the translation process in which professionals with a different background were involved, and to illustrate the methodology applied as regards terminological choices. To do so, a concrete example from the translated text will be provided to lay out the challenges faced and the solution adopted by the translation team.
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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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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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Frantsuz, A. J., and A. V. Yanovska. "THE PLACE OF MEDIATION IN THE SYSTEM OF WAYS OF PROTECTING THE RIGHTS OF BUSINESS ENTITIES." Legal Bulletin 94, no. 5 (October 27, 2022): 25–31. http://dx.doi.org/10.31732/2708-339x-2022-05-25-31.
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Today, mediation is one of the most popular alternative ways of resolving disputes (conflicts) in developed countries. It involves the participation of a mediator (mediator), who helps the parties to the conflict to establish a communication process, analyze the conflict situation so that the parties can choose a solution that will meet the interests and needs of both parties to the dispute.The relationship related to the conduct of mediation and the implementation of the agreements reached during it requires regulatory regulation, given the importance of both the procedure itself and its results. Regulation of the mediation procedure, determination of the rights and obligations of its participants, the rules of registration of agreements between the parties are the basis for achieving the goals of mediation and ensuring a balance between the institution of mediation and the legal system of the country. Therefore, every mediator and every lawyer who is involved in the mediation procedure as a consultant or representative of his client must have legal knowledge and knowledge of the ethical and regulatory principles of mediation. The need to introduce the institution of mediation has long been ripe in the domestic legal system, which is due to the inefficiency and imperfection of the judicial system of Ukraine and the low rate of execution of court decisions. Given the successful application of the institution of mediation in many countries and the course of harmonization of national legislation with the legislation of the European Union, on November 3, 2016, the parliament of Ukraine adopted in first reading the draft Law of Ukraine "On Mediation". For the Ukrainian legal system, the legislative initiative to introduce regulations on the institution of mediation is a very important step. Because in the absence of national legislation that determines the legal basis for the process of out-of-court settlement of disputes, the practical application of the institution of mediation was carried out only on the basis of established practice of the European Union. According to the draft Law of Ukraine "On Mediation", mediation is defined as an alternative (out-of-court) method of dispute resolution, by which two (or more) parties to a dispute try to reach an agreement to resolve their dispute within a structured process involving a mediator. A mediator is an independent mediator who helps the parties to resolve a dispute through mediation.
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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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Barakhvostov, P. A. "THE CAUCASIAN DIMENSION OF THE EASTERN PARTNERSHIP IN 2009-2016." MGIMO Review of International Relations, no. 4(49) (August 28, 2016): 199–208. http://dx.doi.org/10.24833/2071-8160-2016-4-49-199-208.
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The paper gives an in-depth analysis of the evolution of the EU policy towards the South Caucasus within the framework of the Eastern Partnership. It is amply demonstrated that in 2009-2016 the goal was a Europeanization as a creation of a favorable external environment for the European Union through a sweeping judiciary, economic and political transformation in the region carried out according to the European standards. Among the key objectives of the European Union policy is the maintenance of energy security by means of creating an alternative transport corridor for fossil fuels. The study underscores that the implementation of the Eastern Partnership in 2009-2013 revealed significant discrepancies in the speed and degree of Europeanization in the South Caucasus countries due to their socio-economic peculiarities. Such uneven transformation reflects the long-standing search for an optimum way of cooperation with the European Union. This complex multi-aspect and long-term process constitutes an integral part of the effort to grasp new national and regional identities made by post-Soviet states. The paper thoroughly analyses the distinctive features of the new EU foreign policy strategy characterized by a differentiated approach to each country. Instead of the former irreciprocal statement of prerequisites for cooperation, such an approach paves the way for meaningful bilateral dialogue between the partners and furthers integration just to the extent they are ready for. Yet, it is shown that this strategy preserved the faults of the former EU regional policy towards the post-Soviet space. They include inconsistency, vague objectives, and emphasis on the geopolitical confrontation with Russia. However, in order to promote the stable development of the region, the EU needs to rethink its foreign policy strategy and come up with a modernized framework of cooperation that would take into account the interests of all concerned parties, including the Russian Federation.
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Pawlak, Patryk. "The Unintentional Development of the EUs Security Governance beyond Borders." European Foreign Affairs Review 17, Special Issue (April 1, 2012): 87–107. http://dx.doi.org/10.54648/eerr2012016.
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New technologies for border control and surveillance are increasingly being applied in the field of justice and home affairs. The European Union (EU) has been particularly successful in promoting its approaches internationally despite the potentially negative impact of these technologies on civil liberties and fundamental freedoms. This article investigates why, despite a clear divergence between the EU's declarations and practice in balancing fundamental freedoms and security, the EU has faced little external criticism regarding its extraterritorial instruments. In the case of EU-US relations, the EU managed to optimize the outcome of the Passenger Name Record (PNR) negotiations by using the security-oriented US legislation as a pretext for advancing its own security-dominated agenda. At the same time, the EU managed to avoid criticism from the United States and international civil society regarding its flagship projects like the 'border package' or the creation of large-scale IT systems for collecting and processing personal information. In its relations with candidate countries, the EU has managed to escape criticism due to several factors: weak data protection institutions in those countries, different priorities set by the accession process, and rather weak civil society organizations (CSOs) dependent on EU funding. In the absence of external actors challenging the EU approach, recourse to the international judicial bodies is the last resort for taking action in this regard. This article argues that inconsistency and contradiction between the EU's various policy approaches has contributed to the unintentional development of an external governance model that maximizes the EU's position internationally.
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Szepelak, Katarzyna. "„Sprawa Sahary Zachodniej” – znaczenie instytucji sądowych Unii Europejskiej dla stosowania mechanizmu ocen skutków ochrony praw człowieka w sferze stosunków handlowych z państwami trzecimi." Przegląd europejski 1 (October 5, 2019): 163–85. http://dx.doi.org/10.5604/01.3001.0013.5180.
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Article presents the problem of applying human rights impact assessments by the EU institutions in the trade relations with the third countries and influence of case-law of judiciary institutions of European Union on the development of said instrument. For that purpose instrument of human rights impact assessments was presented along with the good practices regarding normative scope of assessments and desired methodology. Practical analysis of the instrument’s application were exemplified by the description of the EU-Morocco trade agreements influence on human rights of the people of Western Sahara. For that purpose author elaborates on the landmark case-law of the ECJ and EU GC in case of Front Polisario and examines the documents issued in the process of negotiation of the new trade deal within the EU and the Kingdom of Morocco.
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López Aguilar, Juan Fernando. "El caso de Polonia en la UE: retrocesos democráticos y del estado de derecho y «dilema de Copenague»." Teoría y Realidad Constitucional, no. 38 (July 1, 2016): 101. http://dx.doi.org/10.5944/trc.38.2016.18604.
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Durante las legislaturas europeas 2009-2014 y 2014-2019 la UE viene asistiendo al desafío planteado por los alarmantes signos de deterioro y retroceso de la democracia en la UE. No por casualidad esta tendencia ha coincidido con la inmersión de la Unión en la peor crisis de su historia, que arrancó en 2008 y ha venido en llamarse la «Gran Recesión» de la UE o la «glaciación» europea. Hungría ha sido durante este período el caso más paradigmático de las derivas antidemocráticas -restricciones del pluralismo político e informativo, de la independencia judicial y de la jurisdicción del TC- experimentadas por países de la UE. Pero, recientemente, Polonia ha dado muestras de un deterioro igualmente preocupante. Con todo no se trata, desgraciadamente, de casos aislados sino una tendencia cada vez más generalizada que ha recibido, según los contextos, el nombre de «putinización» u «orbanización» de Estados miembros de la UE. El presente artículo hace un recuento de los deterioros constitucionales sufridos por esos dos países y de las iniciativas que desde la UE se han puesto en marcha para seguir y dar respuesta a esos procesos. El artículo hace hincapié en los rasgos «antiliberales» o «iliberales» que caracterizan dichas democracias, así como los inherentes al auge del nacionalismo y la intolerancia y los discursos del odio, y los pone en relación con otros procesos históricos de erosión democrática en Europa, incidiendo en la dialéctica democracia vs populismo. El artículo plantea, asimismo, los conflictos que se derivan del denominado «dilema de Copenhague» y del auge de la extrema derecha a lo largo y ancho de la UE y se detiene en algunos casos como el de las restricciones de derechos a los refugiados en Dinamarca o de los retrocesos habidos en los últimos años en derechos y libertades públicas en España. El artículo concluye que los deterioros descritos están vinculados a la «gran ampliación», que supuso la adhesión a la UE de los países del Este, con el telón de fondo de una crisis económica y financiera devenida, en poco tiempo, en crisis social y de valores como consecuencia de las políticas de austeridad impuestas por un manejo insatisfactorio de la propia crisis. Ello ha redundado en una impugnación de la propia idea de construcción europea desde diversos frentes ideológicos. El artículo se detiene, finalmente, en la respuesta europea a las mencionadas derivas a través de una reivindicación de sus valores fundantes y de una protección reforzada de los mismos mediante la implementación de nuevos mecanismos que velen por la calidad democrática y del Estado de derecho en la UE como complemento de los procedimientos judiciales de tutela de los derechos fundamentales comunes a las tradiciones constitucionales comunes de los Estados miembros.During the European legislatures 2009-2014 and 2014-2019 the EU has witnessed the challenge posed by the alarming signs of deterioration and decline of democracy in the EU. Not by chance this trend has coincided with the immersion of the Union in the worst crisis in its history that began in 2008 and has been called the «Great Recession» of the EU or the European «glaciation». Over this period Hungary has been the best example of democratic backsliding in the EU but Poland has shown an equally worrying deterioration lately. Yet these are not, unfortunately, isolated cases but there is rather an increasingly widespread trend in Europe that has received, depending on the context, the name «putinization» or «orbanization». The present article recounts the constitutional deterioration experienced by those two countries and the initiatives that have been launched from the EU to follow-up and contest those processes. The article emphasizes the «anti-liberal » or «iliberal» features that characterize these democracies as well as those marks inherent to the rise of nationalism and intolerance and puts them in relation to other historical processes of democratic erosion in Europe, focusing on the dialectic democracy vs populism. The article also exposes the conflicts stemming from the so-called «Copenhagen dilemma» and the rise of the extreme right across the EU and stops in some concrete cases such as the restrictions on the rights of refugees in Denmark or the limitations which have occurred in recent years in the field of civil liberties in Spain. The article concludes that this deterioration is linked to the «great enlargement», which involved the accession to the EU of the Eastern European countries against the backdrop of a relentless financial and economic crisis that rapidly became in a social crisis and a truly crisis of values as a result of the austerity policies imposed by an unsatisfactory handling of the crisis itself. This has resulted in a challenge to the very idea of European integration coming from different ideological fronts. The article finally stops on the European response to the democratic backsliding described before by reaffirming its fundamental values and by enhancing their protection by implementing new mechanisms to ensure that the quality of democracy and the rule of law in the EU is improved complementing the national systems of judicial protection of fundamental rights legal common to the constitutional traditions of the EU Member States.
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Ahmeti, Dr Sc Skender, BSc Feste Gjonbalaj, BSc Ejona Blyta, and BSc Laura Lumezi. "Corruption and Economic Development." ILIRIA International Review 2, no. 1 (June 30, 2012): 91. http://dx.doi.org/10.21113/iir.v2i1.164.
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There is no sustainable economic development without a functioning rule of law. Besides sustainable economic policies like low interest rates, low inflation, low budget deficit, reasonable taxes and economic freedom for business development, the necessary ones for country’s economic growth are functioning of state institutions, support and development of reforms as well as successful fight against corruption.Corruption is a phenomena often encountered and spread in countries that have problems with rule of law as well as with judiciary system. Corruption manifestation is inevitable in circumstances when state institutions are weak. The phenomena is especially problematic in countries that go through transition periods since these countries are often characterized as nonefficient in fighting this phenomena1 . Countries in transition continue to have the image of countries with high level of corruption, which causes serious crisis from local opinion and continuous demand from international community due to the unsuccessful fight against this malevolence.World Bank considers corruption as the biggest obstacle in the fight for poverty eradication, since it undermines the rule of law, weakens state institutions and most of all it affects the poor. Politically, it undermines democracy and good governance, economic equal growth and development, as well as people’s trust in state institutions.Lately, several anti-corruption laws have been adopted in Kosovo, but they have not been implemented in practice and were not sufficient in fight against corruption. Kosovo’s long lasting dream of integrating in European Union, necessarily demands to built and functionalize anti-corruptive measures with priority, as a fundamental precondition for EU pre-accession process
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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.
Full textAbstract:
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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Antipova, Kseniia. "Methods of big data definition: Russian and foreign experience." Юридические исследования, no. 9 (September 2021): 143–57. http://dx.doi.org/10.25136/2409-7136.2021.9.36591.
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This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.
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Shelever, N. V. "FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF JUSTICE IN THE EXECUTION OF COURT DECISIONS." Actual problems of native jurisprudence 5, no. 5 (October 2021): 17–21. http://dx.doi.org/10.15421/392193.
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A fair court decision is the goal of justice. The meaning of justice is achieved only when the court decision is executed. Otherwise, the court decision remains only a sheet of paper. Execution of court decisions is the final stage of the court process, which has as its purpose the implementation of the court decision. That is, in the execution of a court decision, the principle of justice is implemented in practice. The state executive service is responsible for enforcing court decisions. In accordance with the Constitution of Ukraine, the state must ensure the execution of a court decision. In addition to the adoption of an act of justice, courts must exercise appropriate judicial control over its execution. The author also draws attention to the fact that in practice there is often a “formal” execution, as enforcement proceedings are closed for one reason or another, and there is no actual execution of the court decision. The European Court of Human Rights singles out another problematic issue in Ukraine – the long-term non-enforcement of national court decisions. After analyzing the work of the state executive service, the author came to the conclusion that the situation is quite complicated. Compared to European countries, the performance rate is low. Due to the legal nihilism of the citizens of Ukraine, it is quite difficult to enforce court decisions in our country. Since the execution of court decisions is a component of the right to a fair trial, the author summarizes the experience, proposals of state executors and analyzes the relevant problems. Among them there are such as low wages of employees of the state executive service, the lack of proper security for state executors in the execution of court decisions, the need to increase the staff in the state executive service. Proposes to expand the rights of state executors and take active measures to combat corruption in the courts. Inadequate cooperation of banks, police and other bodies with the state executive service is also a big problem in practice, which significantly complicates the work of state executors and slows down the execution of court decisions. Therefore, the author summarizes the proposals of state performers and sets them out in the proposed article. In connection with Ukraine’s desire to become a full member of the European Union, the need to study the experience of leading member states in order to implement it in domestic legislation is emphasized.
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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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Топић-Павковић, Бранка. "Aнализа степена испуњености Мастрихтских критеријума конвергенције у Босни и Херцеговини // The analysis of the Bosnia and Herzegovina’s level of compliance with the Maastricht convergence criteria." ACTA ECONOMICA 11, no. 18 (February 3, 2013): 337. http://dx.doi.org/10.7251/ace1318337t.
Full textAbstract:
Резиме: Идеја о формирању Европске монетарне уније (ЕМУ) произашла је из чињенице да монетарно интегрисање има значајне економске предности код снижавања трансакционих трошкова, веће транспарентности цијена и монетарну стабилност. Теорија оптималног валутног подручјa истиче позитивну везу високог степена конвергенције и постизања користи од интегрисања и вођења заједничке политике за земље чланице монетарне уније Мастрихтски критеријуми конвергенције подразумијевају да земља која улази у ЕМУ има релативно ниску инфлацију, стабилну валуту, низак ниво буџетског дефицита, одржив јавни дуг, као и релативно ниске каматне стопе. Прије стицања позиције кандидата за приступ у ЕМУ, Босна и Херцеговина мора постати чланом ЕУ, и испунити критеријуме за чланство који се односе на политичке, економске, административне и правосудне институције. Будући да су Мастрихтски критеријуми конвергенције прецизније дефинисани од осталих критеријума, у економској литератури често се користе као показатељ спремности земаља кандидата за приступ Е(М)У. Поред сагледавања теоријских и емпиријских сазнања о условима монетарног интегрисања, циљ овог рада је да, на основу компаративне анализе остварених економских перформанси БиХ и земаља региона, оцијенимо остварену конвергенцију и степен приближавања БиХ критеријумима конвергенције из Мастрихта. Резултати истраживања сугеришу да је за БиХ, након уласка у ЕУ, рационално рјешење постепен процес монетарне интеграције, који уз стабилну монетарну политику подразумијева ефикасно управљање јавним финансијама и опрезно управљање јавним дугом. Дугорочни циљ БиХ огледа се у достизању реалне конвергенције кроз повећање продуктивности и конкурентности.Summary: The idea of forming the European Monetary Union (EMU) derives from the fact that monetary integration has considerable economic advantages in lower transaction costs, greater price transparency and monetary stability. Аccording to the optimum currency area (OCA) theory, it is very important for member states to achieve high level of convergence in order to exploit advantages of integrating and conducting a common policy. Maastricht convergence criteria imply that a country that enters the European Monetary Union (EMU) has a relatively low inflation, a stable currency, low budget deficits, relatively low interest rates and sustainable public debt. Before gaining the position of candidates for EMU, Bosnia and Herzegovina has to become a member of the EU and to achieve the criteria for membership related to the development of political, economic, administrative and judicial institutions. Since the Maastricht convergence criteria are more precise than other criteria, in the economic literature are often used as an indicators of the readiness of the candidate countries to access the E(M)U. In addition to consideration of theoretical and empirical knowledge about the monetary integration, the main goal of this paper is to, using the comparative analysis of actual economic performance of BiH and the region, provides us with knowledge and assessment of BiH stage of compliance with the Maastricht convergence criteria. The results show that a rational solution for BiH, after joining the EU, is based on gradual process of monetary integration, with stable monetary policy, effective management of public finances and careful management of public debt. The long-term goal of BiH lies in achieving real convergence through increased productivity and competitiveness.
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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.
Full textAbstract:
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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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.
Full textAbstract:
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.
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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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.
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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.
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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.
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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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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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Szymańska, Agata. "Tax revenues in the European Union countries." Wiadomości Statystyczne. The Polish Statistician 62, no. 5 (May 26, 2017): 79–99. http://dx.doi.org/10.5604/01.3001.0014.0921.
Full textAbstract:
The aim of this paper is to analyse tax revenues and examine similarities of selected tax revenues (mainly VAT, CIT, PIT and excise duty) in the European Union countries. The analysis of the EU members concerns the period between 2003 (i.e. the year preceding the biggest enlargement of the EU) and 2012 (due to data completeness). Tax rates and the structure of tax revenues in the EU countries were compared and then the cluster analysis was applied to assess the similarity of tax revenues. The analysis suggests that the process of tax harmonization, which took place in the period considered, did not exert a significant impact on the similarity of the structure of tax revenues in the EU countries. The structure seems to be still determined by e.g. social, economic or historical factors, which influenced the tax systems creation in particular EU countries.
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Spáč, Samuel. "Recruiting European Judges in the Age of Judicial Self-Government." German Law Journal 19, no. 7 (December 1, 2018): 2077–104. http://dx.doi.org/10.1017/s2071832200023336.
Full textAbstract:
AbstractThrough the recruitment of judges — their selection and subsequent appointment – powerful actors control who enters the judicial ranks and under what circumstances. In this paper I address how are European judges recruited using examples from ten European countries, while paying special attention to the role of the judicial self-government in these processes. Indeed, there are differences between recruitment processes across Europe. In some countries, a central role in the judicial recruitment is played by judicial schools; elsewhere crucial powers belong to judicial councils and/or other bodies of judicial self-government; in the UK or Ireland some of these powers were vested in the hands of specialized bodies; whereas in other countries the process remains less formal with crucial powers resting in the hands of court presidents. Despite these differences, I choose to emphasize similarities recruitment processes share. They operate as funnels where the pool of candidates gradually decreases until only one (or few) remains and is eventually appointed. In order to assume judicial office one usually must (a) meet eligibility criteria, (b) get on selector's radar to be actively considered for the position, (c) get shortlisted for the position, (d) get selected, and (e) eventually appointed. Dividing the recruitment process into these stages, while paying attention to motivations of all involved actors, can help deepen our understanding of how judicial recruitment actually works and how formal and informal rules together shape the composition of judiciaries.