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Journal articles on the topic 'Law enforcement – European Union countries'
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1
Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich, and Aleksey Valerievich Sereda. "The EU law and the law of third countries: problems of interaction." SHS Web of Conferences 118 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Stauber, Péter, and Detlef Schröder. "CEPOL’s External Action: Evolution and Outlook." Belügyi Szemle 70, no. 1. ksz. (March 17, 2022): 138–47. http://dx.doi.org/10.38146/bsz.spec.2022.1.8.
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This article aims to present the evolution and further perspectives of the external action by the European Union Agency for Law Enforcement Training (CEPOL). By analysing the legal background in light of the subsequent mandates of the Agency and against various policy documents, the authors demonstrate the impressive evolution of the past 20 years, both in terms of volume and quality, that has made CEPOL a key player in the European Union’s internal-external security nexus. The Agency has managed to engage nearly all countries in the EU’s proximity on the one hand by concluding cooperation instruments, on the other hand by managing dedicated capacity-building projects. Via all these means, the European law enforcement culture is spread among partner countries’ law enforcement communities. CEPOL is thus actively contributing to the high level of internal security of the European Union, serving its primary customers, i.e. the EU Member States, and well beyond the borders of the Union.
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Perepolkin, S. M. "Legal Status of European Union Agency for Law Enforcement Cooperation (Europol)." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 270–74. http://dx.doi.org/10.24144/2788-6018.2021.03.50.
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The success of Ukraine's strategic course towards full membership in the European Union depends on many factors, in particular, on establishing effective cooperation with the Member States of the European Union and its bodies in the field of prevention and counteraction to various manifestations of organized crime. Among the various agencies of the European Union, European Union Agency for Law Enforcement Cooperation (Europol) performs the largest amount of work in this field. In this regard, the article analyzes the history of Europol from its inception as an international intergovernmental organization (European Police Office) to its current state - an independent European Union Agency for Law Enforcement Cooperation (Europol). To disclose the legal status of Europol, the focus is on the purpose and objectives of its creation, the types of crimes against which Europol’s work is directed, the competence of Europol, which covers more than forty forms of criminal activity, the structure of internal bodies, the normative legal bases of Europol’s interaction with the Member States and other agencies of the European Union, third countries (strategic cooperation agreements and operational cooperation agreements) and international organizations, the genesis of the normative legal bases for relations between Europol and Ukraine. According to the results of the study, the history of the formation of the European Union Agency for Law Enforcement Cooperation (Europol) is proposed to be divided into two stages: 1. Europol as an international intergovernmental organization of the Contracting Parties to the Convention on the establishment of a European Police Office of 26 July 1995; 2. Europol as the European Union Agency for Law Enforcement Cooperation (Europol). At each stage of Europol's formation, its legal status also changed. At the present stage of Europol's work, its legal status is determined by the Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol).
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Chovancová, Katarína. "Enforcement of Arbitral Awards in the New Countries of the European Union." European Review of Private Law 16, Issue 6 (December 1, 2008): 995–1007. http://dx.doi.org/10.54648/erpl2008073.
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Abstract: In a five–part, broad legal study, the author has analyzed the enforcement of foreign and domestic arbitral awards in three European countries – the Czech Republic, Slovakia, and Croatia – two of which have already entered the European Union successfully. The goal of the study has been to familiarize the professional legal public as well as independent readers not only with the legal regulation of enforcement of arbitral awards in the aforementioned countries, but with the real practice of national enforcement courts as well. Furthermore, the author has focused on providing the reader with a comparative insight into the enforcement of arbitral awards in all three European states in its entire complexity. Finally, evaluating the current specifi c position of Croatia as a country that still has not acceded to the European Union, the author introduced an explanation of various reasons for including Croatia in the submitted study. Résumé: L’auteur a analysé, dans une étude en 5 parties au spectre juridique large, l’exécution des sentences arbitrales étrangères et nationales dans trois pays européens – la République Tchèque, la Slovaquie et la Croatie – deux d’entre eux ayant déjà rejoint avec succès l’Union Européenne. L’objet de cette étude a été de familiariser autant les juristes professionnels que les lecteurs indépendants non seulement avec la règlementation de l’exécution des sentences arbitrales dans les pays susmentionnés mais aussi avec la pratique effective des tribunaux nationaux d’exécution. De plus, l’auteur s’est concentré à donner au lecteur dans toute sa complexité le point de vue comparatif vis–à–vis de l’exécution de sentences arbitrales dans les trois pays européens. Enfi n, évaluant la situation actuelle spécifi que de la Croatie en tant que pays n’ayant pas encore approché l’Union Européenne, l’auteur a présenté une explication des différentes raisons l’ayant amené à inclure la Croatie dans l’étude soumise. Zusammenfassung: In einer in fünf Teilen aufgebauten rechtswissenschaftlichen Untersuchung hat der Autor die Vollstreckung von ausländischen und nationalen Schiedsentscheidungen in drei europäischen Ländern (Tschechien, Slowakei und Kroatien), von denen zwei als Mitglieder der Europäischen Union aufgenommen sind, untersucht. Das Ziel dieser Untersuchung ist, die professionale juristische Öffentlichkeit sowie auch andere Interessierte nicht nur mit den Regelung der Vollstreckung von Schiedsentscheidungen in den genannten Ländern vertraut zu machen, sondern auch mit der Praxis der nationalen Vollstreckungsgerichte in diesen Ländern. Darüber hinaus beabsichtigt der Autor, den Lesern einen rechtsvergleichenden Überblick über die gesamte Komplexität der Vollstreckung von Schiedsentscheidungen in diesen drei europäischen Ländern zu geben. Abschließend begründet der Autor, warum es angemessen ist, die Rechtslage in Kroatien in dieser Untersuchung darzustellen, trotz der derzeitigen besondern Stellung Kroatiens als nicht Mitgliedstaat der Europäischen Union.
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Ishchenko, Ivan, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi, and Iryna Tsareva. "European experience of preventive activities performed by law enforcement agencies: administrative aspect and theoretical-legal aspect." Cuestiones Políticas 40, no. 75 (December 29, 2022): 263–73. http://dx.doi.org/10.46398/cuestpol.4075.17.
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The aim of the research was to reveal the peculiarities of preventive activities carried out by law enforcement agencies in the countries of the European Union. Attention is paid to the known methods of preventive work carried out by the police of different countries, which make it possible to prevent crimes and arrest criminals when they are still preparing to commit a crime. In this regard, models of preventive activities used in continental European countries are described. The methodological basis of the research is presented in comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. In the conclusions attention is paid to the peculiarities of prevention applied by individual members of the European Union, in particular, the policy of prevention by the Polish police, in terms of recidivism of persons who have already committed crimes. This policy is developed by borrowing from the European experience, because in some countries the emphasis is on extending the powers of police officers, in others - on maximum interaction with the society involved to help implement some police functions.
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Löhnig, Martin. "Unification of law in the field of family law – roads and dead-end-roads." International and Comparative Law Review 12, no. 2 (December 1, 2012): 101–12. http://dx.doi.org/10.1515/iclr-2016-0089.
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Abstract Article deals with the problem of the harmonisation and unification of the family law in the European Union as the consequence of the building the single European Space. Th e main claim of the author is that a speedy unification of substantive family law, particularly one that is decreed by European institutions, would lead to loss on national and regional legal culture, what accorfing the author can’t be justified. Th e alternative is a close cooperation of individual European cultural groups or neighboring countries and the unification of the conflict of laws provisions and of the law of jurisdiction of the courts as well as by enacting regulations on (mutual) recognition and enforcement of court decision.
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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova, and Yuri Bokov. "Liability for Violation of Environmental Legislation in the EU." European Energy and Environmental Law Review 30, Issue 1 (March 1, 2021): 9–19. http://dx.doi.org/10.54648/eelr2021002.
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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Guterres, Iva. "Enforcing Environmental Policy – the role of the European Union." UNIO – EU Law Journal 8, no. 1 (December 31, 2022): 32–52. http://dx.doi.org/10.21814/unio.8.1.4522.
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The concerns regarding climate change are on the top of government agendas worldwide, and a global response is urgently required given the climate events that countries all over the world are facing. The European Union (EU) is at the forefront, assuming the leadership in environmental policy with several legal initiatives underway, which have culminated in the promulgation of the European Climate Law and the presentation of the proposed Directive of a Carbon Border Adjustment Mechanism (CBAM). Nonetheless, the EU struggles with difficulties regarding the effectiveness of legal measures, in particular carbon leakage problems. Carbon leakage problems prevail globally as production shifts to countries with less stringent climate regulations, avoiding costs in countries with high emission charges. A resolution regarding the implementation of the CBAM was passed by the European Parliament in March 2021. On the 14th of July 2021, the EU presented 13 policy measures aiming to reduce its GHG emissions by 55% by 2030. On the 22nd of June 2022 the European Parliament voted to adopt the regulation about CBAM. As the EU has played a unique and strong role in climate policy enforcement, the aim of this article is to present this policy option, in the light of the oncoming CBAM. Therefore, the ‘EU climate club’ is imposing coercive environmental tax policies on other countries.
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Zębek, Elżbieta Małgorzata. "Environmental Management of ISO 14001 System Enforcement in EU Countries." Review of European and Comparative Law 44, no. 1 (February 19, 2021): 53–80. http://dx.doi.org/10.31743/recl.9958.
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The European Union International Organization for Standardization management system for the environment (ISO 14001) is established by European Commission Regulation 1221/2009. This legislates a voluntary system where organizations can register in a community eco-management and audit scheme. In the literature, this standard is recognized as an instrument of international environmental protection law, introduced by soft law regulations. ISO 14001 has been implemented by many global and European organizations, and it strives to improve the quality of their environmental resources.
It was considered that the ISO 14001 eco-management and audit scheme enforced protection of environment in EU countries by imposing the obligation to implement appropriate legal regulations in this area. This article aims is determine what legal solutions in chosen UE countries enable the effective implementation of ISO 14001 and what positive effects it has on the state of the environment in these countries.
The results demonstrated that the number of certified organizations is increasing despite the many difficulties and costs of implementing and organizing required environmental protection areas. The implementation of ISO 14001 was described using the example of Poland and Italy compared to other EU countries. The uptake identifies improved environmental quality, and this is confirmed by indicators of decreasing gas emissions and increasing waste recycling which improve global air, soil and water quality. The higher implementation index of the ISO 14001 standard in Italy translates into higher environmental quality indicators in this country than in Poland.
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(Bodescu) Cotoc, Corina-Narcisa, Maria Nițu, Mircea Constantin Șcheau, and Adeline-Cristina Cozma. "Efficiency of Money Laundering Countermeasures: Case Studies from European Union Member States." Risks 9, no. 6 (June 17, 2021): 120. http://dx.doi.org/10.3390/risks9060120.
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The aim of this study is to present the trends and effectiveness of money laundering countermeasures from the perspective of a number of suspicious transactions reported to the Financial Intelligence Units (FIUs), a number of analysis results submitted to law enforcement authorities, and the typologies of cases in European Union Member States. In order to determine the impact of the joint effort in the fight against money laundering, we used descriptive statistics to process the data and case studies from annual reports of the European FIUs for 2018 and 2019. The results of our study highlight the increase in the number of suspicious transactions notices, as well as in their quality level. There is an increasing tendency towards information exchange between European Union countries regarding the suspicion of money laundering, but there is no stable trend for referring cases to law enforcement and other responsible institutions. Based on the available data, it can be concluded that the EU anti money laundering measures are efficient, but further steps are needed to achieve higher international coordination and cooperation.
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Dekhanova, Natalia G. "Law enforcement practice in the EU in the field of labor migration." Issues of Ethnopolitics, no. 3 (2020): 50–58. http://dx.doi.org/10.28995/2658-7041-2020-3-50-58.
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The article analyzes the regulatory framework. establishing the sta- tus of citizens of the countries of the European Union (EU). The author identifies problems that can become an obstacle in the process of unification of the law regulating labor of migrants in the EU countries. The study identified and analyzed the main problems faced by migrants from EU countries, in particular, migration registration, registration as an individual entrepreneur, access to services in the financial and credit sector and many other areas of activity of labor migrants. The author uses an integrated approach to considering the problems of mi- gration, economic and social nature. A proposal was made on the further development of partnerships between EU member states in the context of a pandemic and the introduction of severe restrictions.
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Mikelėnas, Valentinas, and Rasa Zaščiurinskaitė. "Quantification of Harm and the Damages Directive: Implementation in CEE Countries." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 111–31. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.6.
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Quantification of harm is regarded as one of the most significant obstacles for the full compensation of harm and development of private enforcement within the European Union, including CEE Member States. Consequently, the Damages Directive establishes general rules and requirements for the quantification of harm, such as a rebuttable presumption of harm in case of cartels, the power of national courts to estimate harm as well as others, which closely interact with the principle of full compensation emphasized by the case-law of the European Union and directly established in the Damages Directive. The main focus of this paper is the effectiveness of the rules on the quantification of harm in general, and how these rules will contribute to the development of private antitrust enforcement in CEE Member States. Therefore, one of the issues to be discussed in the paper is the analysis of how, and to what extent specific rules and requirements for the quantification of harm have been transposed into the national legislation of CEE Member States. As certain CEE national jurisdictions have had certain rules for the quantification of harm already before the implementation of the Damages Directive, the paper analyses how effective these rules have been, and how much they have contributed to the development of private antitrust enforcement of those CEE national jurisdictions. Previous experience of those CEE Member States in applying specific rules for the quantification of harm is important, in order to assess the possible impact of the newly introduced rules on the quantification of harm and on private antitrust enforcement in general in other CEE Member States. The rules for the quantification of harm will not enhance private antitrust enforcement on their own, however, their effective application by national courts together with other rules under the Damages Directive should contribute to a quicker development of private enforcement in CEE Members States.
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Voronko, Oleksii. "APPLICATION OF ASTRENT UNDER THE LEGISLATION OF CERTAIN COUNTRIES OF THE EUROPEAN UNION AND RUSSIA." Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi, no. 8 (December 26, 2019): 127–34. http://dx.doi.org/10.33098/2078-6670.2019.8.20.127-134.
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Purpose. The purpose of the article is to study the content and comparative analysis of the mechanisms for the use of asthma in France, the Benelux countries, Germany, Italy, Portugal, Russia, as well as its regulation by EU legislation. Method. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The study used the principles of objectivity and integrity, as well as general scientific, special legal and philosophical methods of scientific knowledge: induction, deduction, analysis, synthesis. Comparative, functional and legal. Results: The study found that an asthma was a means of influencing a debtor to fulfill his obligations voluntarily. This remedy is based on the idea that the prospect of paying a higher sum than that arising from the obligation should force the debtor to execute the decision without delay. Over time, the use of astringent has proven to be particularly effective in enforcing binding decisions and in taking action to secure a claim or evidence. An asterant is an indirect way of enforcing a judgment and acts as an influence or pressure on the obliged party to enforce the court decision. In this case, the payment of the asthma does not release the debtor from the obligation, which is confirmed by the executive document. Scientific novelty. Analyzing the international experience, it is argued that it is advisable to use the astringent procedure in the Ukrainian civil law. Practical significance. The results of the study can be used in law-enforcement and law-enforcement activities in the investigation of crimes related to financial misconduct.
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Putri, Komang Audina Permana. "Indonesian Government’s Strategies on Obtaining Market Access of Wood Products in EU Countries with Forest Law Enforcement, Governance and Trade - Voluntary Partnership Agreement (FLEGT-VPA) (2007-2016)." Nation State Journal of International Studies 3, no. 2 (December 31, 2020): 113–28. http://dx.doi.org/10.24076/nsjis.2020v3i2.335.
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Forestry has played an important role in Indonesia's economic development. Forestry and related products contribute approximately 3.5 per cent to Indonesia’s GDP and contribute to the livelihoods of 15 million Indonesian people. Major importer countries of Indonesian wood products comprise to several countries including European Union (EU). However, Indonesia export on wood product activities has significant challenge on the legality of forestry and related products. Illegal logging issues in Indonesia have become Indonesia’s major historical problem around the forestry industries. This is related to the issues that most of the wood products produced by the Indonesian timber industry are derived from illegal timber so that buyers from European Union countries are forced to reject the import of these wood products. Thus, the purpose of this article is to analyze Indonesian government strategy to obtain woods market in EU. Following by the issues, Indonesia need to reform the certification system and also the policy reforms to adjust the EU standard regulation. That is why Indonesian government began to cooperate with the European Union through the FLEGT-VPA program.
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Mancano, Leandro. "Trust Thy Neighbour? Compliance and Proximity to the EU through the Lens of Extradition." Yearbook of European Law 40 (January 1, 2021): 475–514. http://dx.doi.org/10.1093/yel/yeab012.
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Abstract The principle of mutual trust between Member States is key to the functioning of European Union (EU) law. Rooted in sincere cooperation and equality of the Union’s States, that principle is premised on compliance with shared values, interests, and rules. This fosters close cooperation in many areas, such as law enforcement, as exemplified by the European Arrest Warrant Framework Decision (EAW FD). Outside the Union, the presumption is that the principle of mutual trust does not apply. This seems confirmed by the case law on the extradition of EU citizens, with the EU Court of Justice (ECJ) prioritizing intra-EU cooperation over forced transfer of Union nationals to the requesting third countries. As the EU has developed a sophisticated network of relationships with its partners, and neighbours especially, the question arises as to when, if at all, third countries can be trusted, and when that trust can be challenged. By using the benchmark of EU membership as the standard of legal proximity, this article analyses the EU’s relationship with some of its neighbours in cases of extradition. The article creates an analytical framework to tackle unanswered questions around mutual trust and cooperation in criminal matters, and to read into the future of the legal relationship between the EU and some third countries.
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Kliuiev, Oleksandr, Оlena Agapova, Ella Simakova-Yefremian, and Oleksandr Snigerov. "The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law." Access to Justice in Eastern Europe 4, no. 4 (October 31, 2021): 104–15. http://dx.doi.org/10.33327/ajee-18-4.4-n000087.
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In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.
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D, El Chami, and El Moujabber M. "Saving the Sustainability of the European Union, Fighting Terrorism." European Scientific Journal, ESJ 14, no. 17 (June 30, 2018): 149. http://dx.doi.org/10.19044/esj.2018.v14n17p149.
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Albeit the absence of an agreement on the definition, terrorism as studied in this literature has a complex nature and diverse factors that are involved. Furthermore, dealing with terrorism has become the centrepiece of foreign policies of many countries worldwide. The European Union has a long history of fighting terrorism. Yet, the current terrorism threats have shaken the bases of the Union. According to the authors’ assessment and evaluation, terrorism in Europe, in the aftermath of the Second World War, occurs due to the unsustainable foreign policies of the EU member states. To save the European Union and to fight terrorism, the authors suggest a framework based on four complementary headlines: i) Education, ii) Social justice and human rights, iii) Law enforcement, and iv) Sustainable common defence policy. A prerequisite to the success of this framework is a revision of the Europe-transatlantic relations to address the imbalance in the EU relations with USA.
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Туренко, Д. В. "Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries." Law and Safety 80, no. 1 (March 19, 2021): 173–79. http://dx.doi.org/10.32631/pb.2021.1.24.
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The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. The basic provisions, norms and differences of legal regulation of the application of coercive measures of medical nature in the legislation of certain foreign countries have been established. The implementation of international legal acts into national criminal, criminal procedural and other legislation has been analyzed. Based on the results of the research, the author has formulated a number of propositions and recommendations for the introduction into the legislative technique of Ukraine. Besides, the author has studied national theoretical issues of criminal law and criminal proceedings, as well as applied issues in this area of the research within law-enforcement activities of pre-trial investigation and inquiry agencies, prosecutor’s office and, in particular, procedural commissioners of pre-trial investigation. The scientific views of individual scholars and representatives of scientific schools on the researched issues have been also considered, and the relevant author’s opinions have been expressed. The author has characterized joint law-enforcement activities, problematic issues of law enforcement agencies and psychiatric medical institutions during the pre-trial investigation of criminal proceedings of this category, problematic issues and the existing system for providing psychiatric care to insane persons, as well as certain areas of cooperation in criminal and judicial proceedings. According to the results of the study, the author has suggested a number of propositions and recommendations for improving the theory of criminal law and criminal proceedings, law-enforcement activity and current criminal and criminal procedural legislation of Ukraine.
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Verhagen, Gijs. "The Compliance and Dispute Settlement System of the European Energy Community." Legal Issues of Economic Integration 46, Issue 2 (May 1, 2019): 149–60. http://dx.doi.org/10.54648/leie2019009.
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This article assesses the compliance, enforcement and dispute settlement procedure of the Energy Community (EnC). The EnC is an international organization composed of the European Union (EU) and several (South-)East European states, whose main goal is to integrate and harmonize the energy sector of the non-EU member countries with the energy sector of the EU by (among others) offering the prospects of easier access to foreign investments. This however requires implementation by those countries of the mandated rules as set by the EnC, which in practice are similar to the same rules and laws that are required within the EU itself. The implementation of these rules has been proven to be lacking, prompting active compliance enforcement by the Energy Community Secretariat, the permanent body tasked with monitoring compliance. For this, the EnC has a dispute settlement system which is highly diplomatic of nature, and which is most often already effective at enforcing compliance simply by negotiation. However, this dispute settlement system is still seen as lacking a few aspects, such as real sanctions, that would make it more effective at enforcing compliance of the rules of the EnC.
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Frowein, Jochen A. "The Transformation of Constitutional Law through the European Convention on Human Rights." Israel Law Review 41, no. 3 (2008): 489–99. http://dx.doi.org/10.1017/s0021223700000339.
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Only five years after the end of the Second World War terminating the complete disregard for human rights in one of the important European countries and in the occupied territories, the governments of European countries agreed on a European Bill of Rights and took the first steps toward collective enforcement of certain rights of the Universal Declaration, adopted by the General Assembly of the United Nations in 1948. Evidently the Convention was a response to the totalitarian ideologies prevailing in national socialism but also to the communist ideology and practice governing the Soviet Union and the European countries behind the iron wall. Was the Convention intended to be more than a response and clarification of the fundamental principles which were well recognized in the constitutional structure of the free European states? If this is the case it should have had an impact on the legal system of member states.How far that impact would go was certainly not foreseen in 1950 or 1953 when the Convention came into force. By hindsight we may say that the establishment of the European Commission of Human Rights and the European Court of Human Rights as judicial organs to enforce the Convention had something that is called “List der Vernunft” in German, a certain rule of reason, not fully understood by the drafters.
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Cherniei, Volodymyr, Serhii Cherniavskyi, Alexander Dzhuzha, and Viktoria Babanina. "Combating credit fraud: experience of Ukraine and some other European Countries." Revista Amazonia Investiga 10, no. 42 (July 30, 2021): 93–102. http://dx.doi.org/10.34069/ai/2021.42.06.9.
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The article is devoted to the study of the peculiarities of combating fraud in the field of finance, in particular, combating crimes in the field of lending. The experience of Ukrainian law enforcement agencies in combating credit fraud has been studied. The experience of some European Union countries in combating financial fraud is analyzed. To achieve the goal of the paper a set of general scientific and special methods was used, such as method of system-structural analysis, dogmatic (formal-logical), historical, general sociological, comparative-legal method and others. It is concluded in the article that the rules of criminal law of Ukraine establish more severe penalties for some crimes compared to EU countries. For example, this applies to crimes in the field of money laundering. On the other hand, some offenses that do not qualify as crimes in Ukraine are recognized as criminal offenses in the EU. For example, this applies to abuses in the field of insurance. According to the results of the study, the solution of some important issues is proposed such as improvement of the current legislation in the field of credit and financial relations, adaptation of the legislation of Ukraine to international norms and standards in the system of credit and financial relations.
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Chudinovskikh, M. "Regulation of Telework in BRICS: Lessons from the Pandemic." BRICS Law Journal 9, no. 2 (July 14, 2022): 72–93. http://dx.doi.org/10.21684/2412-2343-2022-9-2-72-93.
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The COVID-19 outbreak forced many employers worldwide to organize remote workplaces and introduce new technologies of labor organization in order to protect employees from the threat of disease. After the pandemic is over, it is reasonable to anticipate an increase in telework. The legal framework of telework continues to evolve unevenly in different countries around the world. The BRICS countries lag behind the United States and the European Union in terms of the legal regulation of telework, and they lack the necessary statistical data collection. The integration of the BRICS countries calls for the development of unified approaches to the legal status of teleworkers. The creation of new jobs in the conditions of the pandemic requires the development of the regulatory framework, analysis of innovative experience and assessment of law enforcement. This article systematizes the approaches of Russian and world scientists to the major issues of telework regulation, including: the conceptual apparatus, the advantages and disadvantages of remote employment, the analysis of legislative initiatives of the BRICS countries in the context of a pandemic and the allocation of best practices, the features of concluding, changing and terminating an employment contract, determining the rights and obligations of teleworkers, the implementation of the right to social partnership, and ensuring labor protection, safety and well-being. The findings of the analysis lead to the conclusion that in order to achieve decent work in digital economy, the BRICS countries need to design a general approach to the regulation of telework for similar to the approach taken by the European Union, and to upgrade existing legislation.
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Kozhevnikov, Оleg A., and Marina V. Chudinovskikh. "Regulation of telework in Russia and foreign countries." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 563–83. http://dx.doi.org/10.21638/spbu14.2020.303.
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The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.
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Chetverikov, A. O. "From the European Health Community to the European Health Union: The Project of the Supranational Health and Research Organization of the European Countries and its Historical Destiny." Lex Russica, no. 6 (July 5, 2021): 138–53. http://dx.doi.org/10.17803/1729-5920.2021.175.6.138-153.
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The paper examines the little-known pages of the legal regulation of international integration in Europe: the project of the creation in the middle of the 20th century of the European Health Community (EHC) and its relationship to the current project for the establishment of the European Health Union. The introduction examines the reasons for the ineffective response of the modern European Union (EU) to the global coronavirus pandemic, mainly due to the lack of European institutions, in contrast to the economy and a number of other spheres of public life, supranational powers in the field of health.The first section analyzes the main provisions of the draft EHC presented by the French Government in 1952 and became the subject of an international "preparatory conference" with the participation of 16 European countries at the end of the same year. The author gives special attention to the legal consolidation in the EHC draft founding treaty of "sanitary activities" (prevention and counteraction of various types of diseases); "cultural provisions" dedicated to the collection of information, the development of scientific research and education in the field of health; provisions on the creation of a common therapeutic and research infrastructure of the EHC; the political and legal nature of the EHC as a supranational organization with restrictions in its favor of the sovereign rights of the participating states.The second section describes and evaluates the domestic, foreign, and economic factors that prevented the creation of the EHC.The final section examines the impact of the EHC on the law-making and law-enforcement activities of the modern EU, and compares the legal model of the EHC with the model of the European Health Union, which was established in the end of 2020. There are also proposals for using the experience of European integration in the field of healthcare for the development of integration processes in a similar field between Russia and other former Soviet republics, including the creation of common medical and research centers under the auspices of the Union State of Russia and Belarus and (or) the Eurasian Economic Union, equipped with mega-science facilities (synchrotrons, etc.), other advanced infrastructure of scientific theoretical and scientific applied nature.
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Belskaia, E. I. "Free Trade Agreements is EU Court Decisions: Overcoming Fragmentation and Correlation with the Primary Law of European Union." Rossijskoe pravosudie 1 (December 25, 2020): 37–49. http://dx.doi.org/10.37399/issn2072-909x.2021.1.37-49.
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Free trade agreements between the EU and third countries are used as of one of the tools of creation of a domestic market and foreign policy. This article discusses the practical aspects of the enforcement of such agreements by the Court of the EU and the possibility of their direct action, as well as the interpretation of these agreements and their relationship with the obligations of the EU member states under primary law. The most effective way to overcome all possible contradictions is the consistent and consistent application of this rules by the Court of Justice of the EU.
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Joireman, Sandra F. "External Conditionalities and Institutional Change." East European Politics and Societies: and Cultures 30, no. 2 (July 3, 2015): 315–31. http://dx.doi.org/10.1177/0888325415593631.
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Kosovo is one of several Western Balkan countries that are part of the next round of accession to the EU. Like Bosnia, Serbia, and Croatia, it is also a country in which the history of conflict is recent and the benefits of EU membership ought to be a strong economic and political enticement to meet the standards necessary for membership. Yet, instead of major transformation of the post-conflict society towards democratization, economic development, and a robust human rights regime, the prospect of European Union membership appears to be leading to superficial legal changes without enforcement. This article investigates the tensions between internal challenges to legal change and external pressures for reform, adding to the literature on the decoupling of Europeanization and domestic change in candidate countries. A short analysis of one policy area, women’s property rights, illuminates the gaps between legal change and enforcement processes. The article also considers how and when a change in law can lead to social change. It is argued here that legal change in response to EU conditionalities may begin superficially, but creates an opportunity for collective action that can eventually lead to democratic change and a more robust enforcement of law.
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Movchan, Roman, Oleksandr Dudorov, Andrii Vozniuk, Vitalii Areshonkov, and Yuriy Lutsenko. "Combating commodity smuggling in Ukraine: in search of the optimal legislative model." Revista Amazonia Investiga 10, no. 47 (December 17, 2021): 142–51. http://dx.doi.org/10.34069/ai/2021.47.11.14.
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The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.
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López-Rodríguez, Ana Mercedes. "The Sun Behind the Clouds? Enforcement of Renewable Energy Awards in the EU." Transnational Environmental Law 8, no. 02 (June 7, 2019): 279–302. http://dx.doi.org/10.1017/s204710251900013x.
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AbstractA number of European Union (EU) countries have undertaken thorough reforms in the renewable energy sector over the past years. The regulatory changes have triggered a wave of claims from low-carbon investors asserting that the reforms have diminished or exhausted the economic viability of their investments. Unlike local investors, who typically take legal action before domestic courts, foreign investors have filed arbitration claims in accordance with the Energy Charter Treaty, notably against Spain, Italy, Bulgaria, and the Czech Republic, resulting in several awards of damages. However, recent developments in EU state aid law seem to restrict the ability of investors to obtain compensation. This article argues that such developments may undermine renewable energy policy, because arbitration enhances the regulatory stability and predictability which low-carbon investments require only if arbitral awards can be enforced effectively. The article examines the different scenarios that may arise out of the interplay between EU law and investment arbitration in the EU and concludes that the European Commission's arguable redrawing of the boundaries of state aid rules to encompass investment arbitration, combined with the EU's general quest to replace investment arbitration with alternative mechanisms of adjudication, may jeopardize climate change mitigation policies.
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Chernadchuk, T. O., and V. O. Berezovska. "THE POLICY OF THE EUROPEAN UNION ON THE FIGHT AGAINST TERRORISM: THE ANALYSIS OF THE EUROPEAN UNION LEGISLATION AND SOME NATIONAL ANTITERRORISM PROGRAMMES." Constitutional State, no. 48 (December 19, 2022): 66–76. http://dx.doi.org/10.18524/2411-2054.2022.48.267964.
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Terrorist attacks strike not only the victims, their friends and families, but also the fundamental principles of the European Union. The choice of the topic of the article is caused by the fact that today the European Union recognizes money laundering, terrorist financing and international terrorism as some of the main threats to its financial system and citizens’ security. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. The methodological basis of the work consists of both general scientific and special methods of scientific knowledge. The EU legislation in the sphere of counter-terrorism was investigated using the analytical method, the method of abstraction gave an opportunity to assess the general current state of legal regulation of the fight against terrorism. The use of the comparative legal approach made it possible to analyze the national antiterrorist programmes of chosen European countries. The logical legal method was applied when formulating conclusions and proposals. The article deals with the issues related to the legal aspects of the fight against international terrorism. The paper investigates the steps taken by the European Union, i.e., the adoption of resolutions and strategies, the signing of treaties, the creation of institutions that function with the purpose to combat and prevent terrorist attacks, which are the constituents of the general concept of the antiterrorist system. The authors indicate the most important treaty provisions and institutions as well as their development and influence on the system of the fight against terrorism by the European Union. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. It has been investigated that the external activities of the EU include the support of countries in improving their judicial systems and the potential of law enforcement authorities as well as the integration of European antiterrorist legislation into their security strategies. In the studied countries, the systematic approach to the fight against terrorism is clearly visible.
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Vlahek, Ana, and Klemen Podobnik. "Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 147–75. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.8.
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The article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. It presents (draft) implementing legislation of CEE countries from the perspective of their general rules on limitation, and the problems the Member States have faced in the process of transposing the Directive into their national legal systems. Within that, focus is placed upon the analysis of the types of limitation periods, their length and their suspension or interruption. In addition, the authors present the effects of the new limitation regime on the balance between the interests of the claimants and of the defendants, as well as on the relation between public and private antitrust enforcement.
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Brandariz, José A., and Cristina Fernández-Bessa. "A Changing and Multi-scalar EU Borderscape: The Expansion of Asylum and the Normalisation of the Deportation of EU and EFTA Citizens." International Journal for Crime, Justice and Social Democracy 9, no. 3 (August 5, 2020): 21–33. http://dx.doi.org/10.5204/ijcjsd.v9i3.1587.
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The sorting of individuals is one critical function performed by migration law. These legal regulations are based on dichotomies, such as separating irregular migrants from regular migrants. However, through the multi-scalar management of human mobility, the conflicting coexistence of national and supranational interests decentres these legal binaries. Therefore, migration law devices sort newcomers in a more complex way, giving shape to multilayered and unstable hierarchies of otherness. Using Spain as a case study on migration control changes, this paper addresses the role that migration law enforcement institutions play in cementing and eroding these legal categories. First, it analyses the consequences of the so-called ‘migration crisis’ in enlarging a European asylum system that, until recently, seemingly rests on few countries. Second, it examines the increasing normalisation of the forced return of European Union (EU) (and European Free Trade Association [EFTA]) nationals, which undermine a critical prerogative of the EU citizenship status.
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Frantsuz, A. J., and Y. K. Tupichenko. "ORGANISATIONAL AND LEGAL BASIS OF PRIVATE DETECTIVES IN POLAND AN UKRAINE." Legal Bulletin 76, no. 6 (December 15, 2022): 54–59. http://dx.doi.org/10.31732/2708-339x-2022-06-54-59.
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institutional crisis, destruction of anti-corruption legislation and loss of trust in law enforcement agencies - stimulates the development of non-governmental organizations and the emergence of individuals, protect private property, ensure personal safety, protect the lives and health of citizens. These include security agencies, bodyguards and private detectives. The lack of legal regulation of detective activity in Ukraine is a very big legal problem that separates us from the modern European world. The desire of the current government to maintain control over law enforcement agencies and the weak implementation of law enforcement and investigative activities - contributes to the active development of crime in Ukraine. This forces Ukrainian scientists and lawyers to study international experience for the effective implementation of the institute of detective work, in accordance with current international law. The activities of private detectives in European countries - is ensured by the right of citizens of these countries to protect their constitutional rights. Also, in the territory of the European Union, the activities of private detectives are legal and clearly spelled out in law. Legal regulation of private detective work is a very difficult issue. It is difficult to create adequate legal conditions when it comes to the authority of some people - to obtain information about third parties without their consent and knowledge. Therefore, the legislator of a modern European country must find a fine line between personal freedom, the right to privacy and the minimum rights of a person engaged in private detective work. This is necessary for the detective to be able to perform his duties efficiently and reliably. Today in Ukraine there are no laws that would clearly regulate private detective work. However, services that show signs of private detective work are still provided by individuals and agencies. If you look at the sections of ads on the Internet, you can find many suggestions for the provision of detective services.
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Zębek, Elżbieta. "Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 356–73. http://dx.doi.org/10.21638/spbu14.2021.207.
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This article analyzes issues in criminal environmental law in Poland, the Czech Republic and Germany, which implemented the provisions of the European Commission Directive 2008/99/EC. The provisions of this directive changed the scope of protection of environmental resources in these countries’ penal codes to varying extents. These three countries have been relatively successful in comprehensively implementing criminal directive provisions. This included changes in the special protection of Natura 2000 sites and ozone depleting substances. Legal systems are generally based on prevention and risk assessment, and the basic conditions of criminal responsibility for environmental crimes include “significant damage, causing damage to the health of another or animals and plants, damage to other property and also water, air, soil and environmental components which have significant value”. Additional aspects include environmental damage over larger areas and restoration costs. However, the greatest current problem is the vague definition of conditions of criminal responsibility, which makes it difficult to enforce legislation. The following postulates de lege ferenda were formulated: clarify the premises for offenses against the environment, specify the costs of remedying environmental damage, define critical emission standards for environmental crime, as well as specify activities in protected areas that threaten objects. This article emphasizes that an increased and better definition of the conditions of criminal responsibility for environmental crimes enacted by EU countries may contribute to more effective enforcement of infringements of environmental protection law.
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Rajabiun, Reza. "Strategic Considerations in the Emergence of Private Action Rights." World Competition 32, Issue 3 (September 1, 2009): 409–34. http://dx.doi.org/10.54648/woco2009038.
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The design of mechanisms for the enforcement of rules regarding anticompetitive practices has been the subject of considerable controversy in both developed and developing countries. Public competition authorities have advantages in terms of scale economies and coordination of competing policy objectives. Private rights of action enhance the capacity of legal regimes to generate information and deter collusive agreements and exclusionary practices. Private enforcement also increases the transaction costs of regulatory capture. Given these differences, mixed regimes are likely to be superior to purely public or private arrangements. However, most national jurisdictions grant exclusive authority to public agencies and prosecutors. This article explores the puzzling resistance to the development of mixed competition enforcement regimes by studying recent attempts in the European Union (EU) to enhance private rights of access. The analysis suggests that decentralization of enforcement rights limits the capacity of a government to employ competition rules as an instrument of strategic trade policy. Evidence from EU illustrates that tensions between domestic and international policy considerations can generate distinctive paths of procedural development.
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Drechsler, Laura. "Comparing LED and GDPR Adequacy: One Standard Two Systems." Global Privacy Law Review 1, Issue 2 (June 1, 2020): 93–103. http://dx.doi.org/10.54648/gplr2020081.
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The 2015 Schrems decision established that for an adequacy decision authorizing personal data transfers from the European Union (EU) to a third country, that third country has to have a level of protection of fundamental rights and freedoms ‘essentially equivalent’ to that in the EU. Since May 2018, the European Commission (Commission) has the exclusive competence not only to assess third countries for an adequacy decision in relation to the General Data Protection Regulation (GDPR) but also in relation to the Law Enforcement Directive (LED). However, so far, no LED adequacy decision has been adopted. The absence of any LED adequacy decisions and the presence of GDPR adequacy decisions (the latest concerning Japan) invites a comparative analysis of adequacy decisions under both EU instruments, also to assess whether GDPR adequacy decisions could serve as orientation for the adequacy assessment under the LED as suggested by the Commission. Having conducted this comparison, I argue that actually LED adequacy decision would have to be properly separated from GDPR adequacy decisions, as even though they aim to achieve the same standard of essential equivalence, their system of protection for issues connected to the processing of personal data in a law enforcement context differs. Adequacy decisions, law enforcement, LED, international personal data transfers, fundamental rights, standard of essential equivalence, GDPR
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Bakutin, Yevhen. "Analysis of European and national experience performance of police enforcement activities." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 328–32. http://dx.doi.org/10.36695/2219-5521.1.2020.65.
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The article reflects the experience of European countries, where much has been done to transform the police into an effective state institution, which enjoys the trust and respect of citizens. The basic organizational and legal foundations of the police - one of the oldest and inalienable components of world civilization, the conceptual justification of the reliable protection of individuals, society and the state from criminal attacks, the rule of law, public safety are considered.
Formulating the purpose of the article. The use of technical means of fixing offenses is one of the essential elements of a highly developed society. At the same time, Ukraine is actively pursuing its foreign policy towards accession to the European Union. That is why the integration intentions of our state necessitate the systematic improvement of the use of technical means of fixing offenses. Resolving objections and conflicts requires the proper regulation of the procedure for bringing the offender to justice, which, in turn, requires comprehensive scientific studies of these problems.
Technological advances have led to new challenges for human rights, as legal regulation tends to regulate existing legal relationships and does not account for the emergence of new forms. A striking example of this is the geometric progression of the use of technical means of fixing offenses by the police in compliance with public order.
According to the analysis of the law enforcement practice of the use of technical means, quite often leads to strong objections between citizens and representatives of authorized state bodies, which need their resolution and resolution. This is especially the case for the use of technical means of fixing offenses for the purpose of counteracting offenses, and also when using these technical means as evidence.
Police activity is one of the foundations for the promotion and development of pan-European values. However, in order for it to be effective, it is essential that the police respect human rights, the rule of law and the principles of democracy - otherwise these pan-European values will be threatened.
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Benčina, Jože, and Anja Mrđa Kovačič. "The Factor Model of Decentralization and Quality of Governance in European Union." Central European Public Administration Review 11, no. 3-4 (May 9, 2014): 57–82. http://dx.doi.org/10.17573/ipar.2013.3-4.a03.
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This paper presents a selection of 43 variables collected from various sources, which are used to describe the concepts of decentralization and quality of governance in the EU countries. Decentralization is analyzed from two aspects, fiscal and political, while the quality of governance is, along with certain real indicators, measured in particular with the opinions of citizens. The aim of the research was to determine the factor structure of selected variables and provide guidelines for using best practices in exploratory factor analysis. The exploratory factor analysis classified the selected variables into three factors of fiscal decentralization (Fiscal decentralization, Fiscal centralization and Government expenditure), three factors of political decentralization (Centripetalism, Regional governance, Federalism) and three factors of quality of governance (Quality of European institutions, Quality of national institutions and Enforcement of EU law). Despite the small population observed, the factors showed quite good characteristics and provided a good starting point for further research. In this manner, it was shown that despite a small population, it is possible to develop factor models of suitable quality by using exploratory factor analysis in the sense of best practices.
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Gruni, Giovanni. "Labor Standards in the eu-South Korea Free Trade Agreement." Korean Journal of International and Comparative Law 5, no. 1 (June 7, 2017): 100–121. http://dx.doi.org/10.1163/22134484-12340081.
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The European Union (eu) includes clauses on labor rights in free trade agreements with partner countries. One of these clauses was added to the Free Trade Agreement between the eu and South Korea. This article looks at the clause as an attempt of the eu to include labor rights in international trade law. The argument of the article is that the labor clause does include several innovative features which entrench the presence of labor law in international trade agreements. However, the clause remains mainly about political cooperation and struggles to define enforceable legal obligations on states. This is so because of the exceptions in the first part of the clause, the vagueness of the labor rights obligations and the lack of an enforcement mechanism.
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Nawafleh, Abdullah S. "Contribution of Business Law Reform to Economic Development: Lessons from the Middle East." European Business Law Review 23, Issue 2 (March 1, 2012): 309–28. http://dx.doi.org/10.54648/eulr2012017.
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This paper explores whether business law reforms in Arab countries have contributed to their economic development, business legal environment and integration into the international market. Using Jordan as an example, it explores the role of law in economic development in the region. The analysis finds that the Jordanian legal reform has led the country to participate in international markets, by incorporating international legal norms into its own legislation. This legislative reform has also contributed to economic development, allowing Jordan to join the World Trade Organization and enter into Free Trade Agreements, such as those with the United States and the European Union. In addition, the paper shows that other Arab countries, such as Saudi Arabia, that reformed their business regulations led them to join the World Trade Organization and to be ranked amongst the top 25 countries worldwide on their business ease. In contrast, other Arab countries which lack law and its enforcement have been reported to be the worst places in the Middle East to do business. As a result this paper suggests that the Arab Middle Eastern countries should continue in reforming their legal system to make it less rigid for business, to create more jobs, increase productivity and ultimately achieve economic growth.
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Gyulavári, Tamás, and Gábor Kártyás. "Effective international enforcement of employee rights? Challenging Hungarian ‘unorthodox’ laws." European Labour Law Journal 9, no. 2 (March 20, 2018): 116–43. http://dx.doi.org/10.1177/2031952518763826.
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International courts have become a crucial element of protecting employee rights in recent decades. The ‘unorthodox’ 1 measures of the Hungarian Orbán government have provided a unique opportunity to test the effectiveness of international courts, since these national measures have been defying various legal principles in general, but in particular in the field of employment, since acquiring a two-thirds parliamentary majority in 2010. The article analyses the most important of these employment laws, their objectives, problematic legal nature and the responses of the Hungarian Constitutional Court (hereinafter CC), the Court of Justice of the European Union (hereinafter CJEU), and the European Court of Human Rights (hereinafter ECtHR). 2 Are these national and international courts able to ensure effective protection against such policies when they adversely affect workers’ fundamental rights, and if so, on what legal basis? Conclusions regarding unorthodox employment laws, such as termination without cause, the compulsory retirement of judges, a retroactive 98% tax on severance pay, and/or the nationalisation of private pension funds, might be useful to other countries with similar legislative tendencies. The article focuses on the question of whether international courts are able to block and efficiently remedy such national measures and tendencies in employment law.
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Lihter, Pavel L. "Planned obsolescence: legal aspects of counteraction." Pravovedenie 62, no. 3 (2018): 518–30. http://dx.doi.org/10.21638/spbu25.2018.306.
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Modern society faces new challenges due to the development of technology, economy, level of consumption. The article deals with the legal aspects of counteraction to the strategy of unscrupulous manufacturers for deliberate programming of technical defects of the goods, leading to the need to replace it immediately at the end of the warranty period. This strategy has significant implications for public health, social and environmental security. The objectives of the work are studying the actual problems of planned obsolescence of products, the search for its essence, principles and features. The author identifies legislative and law enforcement practice formed by the European Union and different countries in this area. The analysis of law in other countries allows to state the tendency of shift of emphasis from private law methods of protection of consumer and social rights to public law methods, to wider use of a number of coercive instruments. Rethinking the balance of private, public and public interests led to the author’s proposal to develop a holistic concept of legal regulation of civil law relations. As a result of the article, the directions for improving various branches of law in order to counteract the planned obsolescence of goods are proposed.
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Belikova, Ksenia Michailovna. "Theoretical and practical aspects of legal qualification of virtual property in Russia and abroad." Юридические исследования, no. 7 (July 2021): 1–28. http://dx.doi.org/10.25136/2409-7136.2021.7.35869.
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The subject of this research is the theoretical and practical aspects of legal qualification of virtual property – digital online objects (cryptocurrencies, game property, user accounts, etc.) in Russia and abroad. Virtual property is viewed through the prism of the concept of “asset” / “economic asset”, established in the national and foreign legislation and doctrine. Real right to game objects in online games are considered through the lens of John Locke’s labor theory of property (acquisition), M. Radin’s theory of personality, theories of utilitarianism (deterrence of negative behavior and economic efficiency), law enforcement practices and legislation (South Korea, China, etc.). Real right to online accounts (Google, Yahoo etc.) are examined in the context of allowability of transferring personal and business accounts from the perspective of property and conventional law. The relevance, theoretical and practical importance of this research is are substantiated by supplementing the tangible objects of proprietary right with digital, created in modern reality with the use of digital technologies (cryptocurrencies, tokens, etc.), which requires clarification of their legal regime in the context of the effective legislation of the Russian Federation and foreign countries, ideas for its amendment, and law enforcement practice. The author concludes that the legal doctrine of a number of countries, distinguishing tangible and intangible, virtual objects (game objects, user accounts) recognized the existence and legal status of virtual property (Hong Kong, European Union, South Korea, Russian Federation, Taiwan), qualifying it as the analogue of digital information and content; legally - movable (Taiwan) or other (Russian Federation) property; property (the European Court of Human Rights) or utilitarian (mandatory) digital (Russian Federation) rights; economically – virtual (financial, in form of future income), and material (in form of commercial ties, domain names, etc.) assets (the European Court of Human Rights, Russian Federation).
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Goncharova, Alina, Svitlana Fursa, Valentina Chuikova, Olga Danylenko, and Nataliia Hlushchenko. "Research of the experience of legal regulation and use of European inheritance certificates of the regulation on succession." Linguistics and Culture Review 5, S3 (October 22, 2021): 554–73. http://dx.doi.org/10.21744/lingcure.v5ns3.1553.
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The article reveals the problems of inheritance with a foreign element. In the modern world without borders, people change their residence, own real estate, keep bank accounts, and possess other property in different countries. This cannot but have consequences for succession. This, in turn, can create some difficulties, cause disputes between the heirs, and will undoubtedly affect the costs of registration of the inheritance. Another common problem is that a will made in one country may not have legal effect in another country where it must be executed. These and many other issues could not remain unresolved at the level of the European Union. A unified approach to solving many inheritance issues was found through the adoption of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on the jurisdiction, applicable law, recognition, and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. This provision came into effect on August 17, 2015, and applies to cases of inheritance arising after this date. Inheritance cases are formalized by one competent authority (court or other instance) in one state.
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Kozachenko, Oleksandr I., Volodymyr Zarosylo, Mykola O. Gelemei, Mykhailo I. Stankovych, and Mykola M. Yatsun. "International cooperation in conducting procedural actions during the pre-trial investigation in the countries of the European Union and perspectives of its use in Ukraine." Linguistics and Culture Review 5, S4 (November 29, 2021): 2041–50. http://dx.doi.org/10.21744/lingcure.v5ns4.1868.
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The article analyzes some areas of cooperation between law enforcement agencies of the European Union in the field of pre-trial investigation. Particular attention is paid to the European Arrest Warrant and its application. Ukraine aspiring to become a member of the EU must take into account all issues related to the issuance and execution of these warrants. Particular attention is paid to the analysis of more specific problems related to criminal-executive criteria for the perception of life imprisonment as subspecies of imprisonment for a certain period; systemic content ratio of general penitentiary norms, which determine the legal status of convicts sentenced to life imprisonment, and special ones, which should reproduce peculiarities of regime requirements of penitentiary institutions of different security levels (in particular, medium and maximum). It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based on a certain criterion) into norms of general and special significance, which in turn should be divided into the following subtypes. Moreover, the EU countries do not yet have the appropriate practice in the application of these warrants.
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Білявець, Сергій. "PECULIARITIES OF POLICE PROFESSIONAL TRAINING IN THE EUROPEAN UNION (END OF THE XX - BEGINNING OF THE XXI CENTURY." Збірник наукових праць Національної академії Державної прикордонної служби України. Серія: педагогічні науки 24, no. 1 (April 26, 2021): 17–29. http://dx.doi.org/10.32453/pedzbirnyk.v24i1.627.
Full textAbstract:
The article presents the results of the analysis of regulatory and scientific sources, which reveal the features of police training for EU countries at the end of the 20th and the beginning of the 21st centuries. It was found that the integration of European states in the second half of the 20th century and the first decade of the 21st century contributed to the fact that the system of police training was changing in accordance with the changes in the political and socio-economic situation in individual EU countries and in the Community as a whole. The police training system itself is part of the integration processes within the framework of the integration of the EU law enforcement and police systems. Features such as the practical orientation of training, its continuous nature, and its close relationship to practice are characteristic of all police training institutions in EU countries. At the same time, EU countries are ambivalent about the innovations proposed by the 1999 Bologna Convention.
States with established educational systems (Austria, Belgium, Cyprus, Denmark, France, Germany, Luxembourg, Malta, the Netherlands, Portugal, Sweden, and the United Kingdom) are more conservative and less inclined to abandon their own educational standards, unlike Eastern European states that pursue radical reform policies, including reforms in police training. In police education programs, a significant number of hours are devoted to the development of skills and abilities to work with scientific and technological means, which are extremely widely used in police work in foreign countries. It was also found that police officers are thoroughly and comprehensively prepared for close interaction of national services, both through Interpol and directly with each other. At conferences, symposiums, seminars, exchanges of experience and delegations, increased attention is certainly given to police training.
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Wilk, Dariusz. "FORENSIC DATABASES IN POLAND. LEGAL ISSUES RELATED TO RIGHT TO THE PROTECTION OF PERSONAL DATA AND RIGHT TO PRIVACY." Criminalistics and Forensics, no. 66 (2021): 285–305. http://dx.doi.org/10.33994/kndise.2021.66.23.
Full textAbstract:
Forensic databases are crucial resources in criminal justice systems, which allow for detection and identification of offenders. General Data Protection Regulation and Police Directive about processing of personal data were enacted in the European Union in 2016, which implied changes in national law and policy in processing genetic and biometric data by law enforcements. Therefore, current development of DNA and fingerprint databases in Poland were revealed and compared to other European countries. Changes in the law related to processing of genetic and biometric data were analysed. Issues related to the distinction between different categories of data subject and retention time of personal data were especially commented in the view of right to the protection of personal data and right to privacy.
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Pertsev, R. "INTERNATIONAL EXPERIENCE IN ANTI-THEFT OF CATALYTIC CONVERTERS INSTALLED IN CARS." Archives of Criminology and Forensic Sciences 3 (October 3, 2021): 65–71. http://dx.doi.org/10.32353/acfs.3.2021.06.
Full textAbstract:
Recently, there has been increase in the number of property crimes in the world, including theft of external car parts.
The number of thefts of catalytic converters installed in cars of various brands has sharply increased due to a significant increase in the value of precious metals such as platinum, palladium and rhodium. The reason for a sharp increase in the number of crimes of this particular car part is small amounts of the mentioned precious metals in the catalytic convertors.
The purpose of this article is to consider this problem faced by law enforcement and legislative bodies in many countries and to propose certain ways for its solution.
The article provides an overview of the situation with thefts of catalytic converters in the countries of the European Union, the United States and Israel. Detailed reasons for the occurrence of this problem are provided, as well as measures to protect a car from the theft are suggested.
Possible legislative and investigative-forensic actions to prevent this type of crime are considered:
- law enforcement agencies investigating this type of crime should clearly understand that we are not talking about isolated, unrelated cases, but about well-planned actions of criminal groups.
- increase in control over purchase and sale of metal carried out without accounting and corresponding documentation and amendments to the administrative procedural code also require strengthening.
- applying a special forensic marking on parts, including on a catalytic converter, will allow to track its location and provide full information to law enforcement agencies from which vehicle it was stolen in the event of its theft.
- inspection and examination by a forensic expert of vehicles and other physical evidence left by criminals at crime scenes for criminals’ fingerprints and DNA profiles will help to significantly increase the detection rate of this type of crime.
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Pan, Zhenxi. "A comparative study of blocking laws between China and EU." BCP Business & Management 27 (September 6, 2022): 260–72. http://dx.doi.org/10.54691/bcpbm.v27i.1970.
Full textAbstract:
In recent years, the United States has frequently imposed sub-economic sanctions on other countries, which has seriously disrupted the regular order of the world economic and trade market. Since the Trump administration took office, China has gradually become the target of the United States, and the economic and trade friction between China and the United States has been constant. To counter the long-arm jurisdiction of the United States, China's Ministry of Commerce issued the Blocking Measures with Chinese characteristics on January 9, 2021. Its legislative model draws lessons from the European Union Blocking Law and adopts the combination of public enforcement mechanisms and private law relief mechanisms. As the legislative experience of China's blocking law is a little insufficient, the construction of the blocking law system still needs to be improved. Therefore, this paper selects the currently mature EU blocking law as the reference object, aiming to further enhance the system of China's blocking law by drawing on its legislative practice experience. This paper sorts out the legislative process of EU blocking law and analyzes its three major defects: weak enforcement, no clear criteria for violating the obligation of "prohibition of compliance" and insufficient punishment. Then, by combing the legislative process of China's blocking law, comparing and analyzing the institutional differences between China and Europe, and referring to the defects of the EU blocking law system, it summarizes the shortcomings of China's blocking law in four aspects: legal effect, the scope of application, exemption system and punishment measures, and takes them as China's blocking measures.
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Kolben, Kevin. "A Supply Chain Approach to Trade and Labor Provisions." Politics and Governance 5, no. 4 (December 14, 2017): 60–68. http://dx.doi.org/10.17645/pag.v5i4.1088.
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As labor provisions in trade agreements have become increasingly ubiquitous, there remain questions about whether or not these provisions have been effective in improving working conditions in trading partner countries. Through an analysis of sample labor provisions in United States and European Union free trade agreements, this paper shows that both approaches, albeit using different methods, aim primarily to improve <em>de jure</em> labor law and <em>de facto</em> enforcement of that law by government regulatory institutions. This paper argues that instead, labor provisions ought to be grounded in a supply chain approach. A supply chain approach shifts the focus from impacting <em>de jure</em> and <em>de facto</em> labor law as administered by the state though sanctions or dialogue, and towards context specific, experimental, and coordinated private and public regulatory interventions that operate in key export industries that are implicated in trading partners’ supply chains. It does so in part by recognizing the potential regulatory power of consumer citizenship.
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Myers, Rodd, Rebecca L. Rutt, Constance McDermott, Ahmad Maryudi, Emmanuel Acheampong, Marisa Camargo, and Hoàng Cầm. "Imposing legality: hegemony and resistance under the EU Forest Law Enforcement, Governance, and Trade (FLEGT) initiative." Journal of Political Ecology 27, no. 1 (March 28, 2020): 125–49. http://dx.doi.org/10.2458/v27i1.23208.
Full textAbstract:
Timber legality trade restrictions and verification are a bundle of contemporary mechanisms triggered by global concerns about forest degradation and deforestation. The European Union Forest Law Enforcement, Governance and Trade initiative is a significant effort to not only screen out illegal timber and wood products from the EU, but also support trading partner countries to improve their legality definitions and verification processes. But by using bilateral agreements (Voluntary Partnership Agreements) as a key mechanism, the EU legitimizes trade partner nation-states as the authority to decide what is legal. We engage in a theoretical debate about the complexities of the meaning of legality, and then analyze empirical data collected from interviews in Ghana, Indonesia, Vietnam and Europe with policy, civil society and industry actors to understand how different actors understand legality. We find hegemonic notions of Westphalian statehood at the core of 'global' notions of legality and often contrast with local understandings of legality. Non-state actors understand these hegemonic notions of legality as imposed upon them and part of a colonial legacy. Further, notions of legality that fail to conform with hegemonic understandings are readily framed by nation-states as immoral or criminal. We emphasize the importance of understanding these framings to elucidate the embedded assumptions about what comprises legality within assemblages of global actors.Key words: FLEGT, timber legality, hegemony, power, globalization