Relevant bibliographies by topics / Medical laws and legislation – European Union countries

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  2. Dissertations / Theses
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  4. Book chapters
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Academic literature on the topic 'Medical laws and legislation – European Union countries'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Medical laws and legislation – European Union countries"

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Busardò, Francesco Paolo, Matteo Gulino, Simona Napoletano, Simona Zaami, and Paola Frati. "The Evolution of Legislation in the Field of Medically Assisted Reproduction and Embryo Stem Cell Research in European Union Members." BioMed Research International 2014 (2014): 1–14. http://dx.doi.org/10.1155/2014/307160.

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Medically Assisted Reproduction (MAR), involving in vitro fertilisation (IVF), and research on embryos have created expectation to many people affected by infertility; at the same time it has generated a surplus of laws and ethical and social debates. Undoubtedly, MAR represents a rather new medical field and constant developments in medicine and new opportunities continue to defy the attempt to respond to those questions. In this paper, the authors reviewed the current legislation in the 28 EU member states trying to evaluate the different legislation paths adopted over the last 15 years and highlighting those EU countries with no specific legislation in place and MAR is covered by a general health Law and those countries in which there are no laws in this field but only “guidelines.” The second aim of this work has been to compare MAR legislation and embryo research in EU countries, which derive from different origins ranging from an extremely prohibitive approach versus a liberal one, going through a cautious regulatory approach.
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Čović, Ana. "The influence of judicial practice on the legislation in the sphere of LGBT community rights." Socioloski pregled 55, no. 3 (2021): 690–713. http://dx.doi.org/10.5937/socpreg55-32553.

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In the light of the announced adoption of the Law on Same-Sex Unions, the question arises whether the draft law is in accordance with the Constitution, especially after the announcements that the law will not be signed. Although the Constitution specifies that marriage is a union of a man and a woman, experts point out that in this case it is not a law on marriage and family, nor does it provide for the possibility of adoption of children by same-sex couples, but that it regulates property, health, pension and other legal relationships of same-sex partners living in the union. At the same time, many public figures have invited traditional religious communities to react in order to defend the "right to freedom and future of the people", emphasizing that contentious issues related to the regulation of mutual rights and obligations of same-sex couples could be resolved by amending the existing laws in those areas. In the countries where similar laws exist, case law has played a significant role, just as various medical and psychological associations. The European case law is not uniform, and cases often end before the European Court of Human Rights, while in the United States at the federal level, all anti-homosexual laws are repealed by a Supreme Court decision (Lawrence v. Texas, 539 U.S. 558 [2003]). Nevertheless, there is no single law in this area and the rights of same-sex couples vary from country to country. The paper will provide an overview of significant court decisions in this area in European countries, as well as the decisions of the US Supreme Court, which may lead us to think about the possible legal consequences of (non)adoption of the disputed Law on Same-Sex Unions, about procedures that could be initiated if partners decided to request judicial protection for the purpose of recognizing their guaranteed human rights, as well as the content and significance of such court judgments.
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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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Yankovyi, Mykola O., Hanna V. Foros, Hanna V. Zaiets, and Olena I. Pluzhnik. "Protection of Personal Information in the Medical Sphere of Social Relations." Cuestiones Políticas 38, Especial (October 25, 2020): 44–62. http://dx.doi.org/10.46398/cuestpol.38e.02.

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The purpose of the work was to identify the main legal parameters of modern information. As material sources of research at work, not only the Ukrainian regulations in the field of medical relations information are used, but also relevant innovations in the legal regulation of medical information relations, which are produced in the countries of the European Union. It is established that in the normative legal acts of Ukraine, unlike in European legislation, there is no division of information about an individual into general data and vulnerable personal data. The laws of Ukraine do not contain the notion of "public figure", whose limits of criticism, according to the European Court of Human Rights, are broader for an ordinary person. Among the main conclusions, it stands out that, in order to guarantee the freedoms and rights of citizens, it is necessary in the regulations to classify groups, lists of personal data and access to them based on the secret classification to avoid ambiguities. The materials in the article have practical value for graduates of higher education institutions of police and medical specialties, among others.
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Vilcu, Alexandra. "Tendencies of High-Skilled Migration coming from Romania. Favourable Legislation and Social Policies." European Journal of Social Sciences Education and Research 1, no. 1 (May 1, 2014): 65. http://dx.doi.org/10.26417/ejser.v1i1.p65-69.

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The external migration of a significant part of Romania's high-skilled population is a social phenomenon which became increasingly frequent starting from the 1990s, right after the fall of the communist regime. The basis for this phenomenon consists of several causes: globalization, the strengthening of international economic relations, and later on, Romania's adhesion to the European Union. Research has shown that of all high-skilled population, the professionals who emigrate more frequently consist of engineers, teachers, medical staff, scientific researchers, economists and architects. Besides, the chosen destinations have been variable throughout time. The first phase in time took place in the 1990s, when a large part of the high-skilled population chose to emigrate for professional purposes in countries such as The United States of America, Canada, Germany or Israel. The second important phase occurred after year 2000, when the focus was placed on EU countries, especially after Romania's integration. Apart from temporary unqualified migration, the number of high-skilled migrants and those who leave the country to continue their studies also soared. The chosen countries generally include Great Britain, Germany, Belgium, France and Austria. Given these differences in the tendencies of high-skilled migration, this paper will offer an insight on how the phenomenon evolved, and the factors that caused these variations in space and time. Most likely, some of the countries that were preferred have been facilitating the integration of high-skilled immigrants in society, as opposed to unqualified ones, through a selective set of laws and social policies which are meant to favour this social category. Therefore, we will discover and analyze various examples and benefits of legislation and social policies which offered social protection to high-skilledimmigrants in various countries. This paper is made and published under the aegis of the Research Institute for Quality of Life, Romanian Academy, as part of the programme co-funded by the European Union within the Operational Sectorial Programme for Human Resources Development, through the Project for Pluri and Interdisciplinarity in doctoral and post-doctoral programmes. Project code: POSDRU/159/1.5/S/141086
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Djukic-Dejanovic, Slavica, Dusica Lecic-Tosevski, Goran Mihajlovic, Milica Borovcanin, and Ivana Simic-Vukomanovic. "Pharmacotherapeutical possibilities in mental disorders: Current status in Serbia." Srpski arhiv za celokupno lekarstvo 139, suppl. 1 (2011): 10–13. http://dx.doi.org/10.2298/sarh11s1010d.

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The new therapeutical approaches have direct implications on living in order to accomplish remission, stop further progression of illnesses or improve the quality of life. The life expectancy has been increased up to10 years in the last 55 years, probably owing to the innovative drugs. The innovative drugs application in our everyday clinical practice should be analyzed, related to economical aspects and to the transitional status of a country, but also in the context of fears and misconceptions of therapists. The cost of therapy is not equal to the cost of prescribed drugs, however it also includes direct and indirect costs and medical and nonmedical burden. Countries in our region spend 4-7.3% of the total budget for antipsychotic drugs, while the costs in Serbia are about 1.5%. The new antipsychotics and the new formulations of the available antipsychotics in the treatment of schizophrenia are pharmacoeconomically justified. On the other side, the substance abuse needs other strategies, including new substitution treatments. In our country only methadone maintenance therapy is available. It is necessary to provide adequate legislation to improve the process of drug registration. In the European Union it takes from 0 to 400 days for a drug to be registered, but in Serbia the process last longer than 3 years. Important laws approved in 2006 and 2009, are only a part of the destigmatiazation of patients with mental disorders. Treatment guidelines also help in resolving these issues. Taking all of the above into consideration, the treatment of mental disorders with innovative drugs is financially justified, but still unreachable for patients in Serbia. The voice of the professionals should be heard in these matters in order to provide the adequate treatment of people with mental health problems.
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Monedero, Pablo José Abascal. "Family Laws in the European Union." Socialinė teorija, empirija, politika ir praktika 19 (September 16, 2019): 87–94. http://dx.doi.org/10.15388/stepp.2019.13.

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EU social policies should be complemented by contributing to a harmonious development of society, by reducing structural and regional imbalances, developing a balance between the a localized community and the national society, and improving the living standards of citizens and families of member states (Garrido 2002). Such important social policy principles as freedom and justice are addressed and represented in family laws in the EU regulations introduced during the period of 2000–2016. In this article, we studied the EU’s legal solutions in reference to national (Spain) laws on these matters: children and parental responsibility (adoption, child abduction, family benefits) and couples (matrimonial, regimes, prenuptial agreements, provisional measures). This legislation is necessary in the face of the proliferation of families whose members have different nationalities, and even in the mobilization of residences. Cooperation has intensified between national judicial authorities to ensure that legal decisions taken in one EU country are recognized and implemented in any other. This is highly important in civil cases, such as divorce, child custody, maintenance claims, or even bankruptcy and unpaid bills, when the individuals involved live in different countries. The development of family laws is one of the most important factors of family welfare in European countries.
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Jessurun d’Oliveira, Hans Ulrich. "Iberian Nationality Legislation and Sephardic Jews." European Constitutional Law Review 11, no. 01 (May 2015): 13–29. http://dx.doi.org/10.1017/s1574019615000036.

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Proposal to grant Spanish nationality to Sephardic Jews – History of Sephardic Jews in Iberia – Sephardim and the Portuguese nationality code – The EU and the nationality laws of the member states – Impact of Union law on the acquisition of Iberian nationalities by Sephardic Jews – European Convention on Nationality – Sephardim from third countries –Micheletti – Nottebohm
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Anderson, Leah Seppanen. "European Union Gender Regulations in the East: The Czech and Polish Accession Process." East European Politics and Societies: and Cultures 20, no. 1 (February 2006): 101–25. http://dx.doi.org/10.1177/0888325405284314.

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This article explains, first, why there was a uniform emergence of equal opportunities legislation across East Central European states in the late 1990s and early 2000s and, second, why the speed of adoption varied across countries. The author deviates from a traditional comparative focus on domestic factors and instead treats her two case studies—Poland and the Czech Republic—as part of an international system in which external actors can exert a simultaneous but differential effect on domestic policies. The author argues that the European Union (EU) accession process prompted equal opportunities legislation in both countries but domestic actors mediated this influence in different ways. In Poland, legislation was delayed due to an organized opposition to EU gender equity laws and its close ties to parties of the Right in government, two factors absent from the Czech case where laws passed earlier. The author also suggests that the EU's financial and political resources may enable it to reshape these domestic actors in the future.
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Adamiec, Danuta, Justyna Branna, Dobromir Dziewulak, Natalia Firlej, Kamila Groszkowska, Marta Karkowska, and Łukasz Żołądek. "Informacja na temat legislacji dotyczącej systemu cyberbezpieczeństwa w wybranych państwach Unii Europejskiej (Belgia, Czechy, Estonia, Francja, Holandia, Niemcy, Szwecja)." Zeszyty Prawnicze Biura Analiz Sejmowych 3, no. 71 (2021): 280–314. http://dx.doi.org/10.31268/zpbas.2021.61.

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The study presents information on the legislation on the cybersecurity system in selected European Union countries. The discussed laws in force in individual countries implement the NIS Directive concerning measures for a high common level of security of network and information systems across the Union. The NIS Directive specifies the institutions that should be established in all Member States; it regulates cooperation at the European level and imposes obligations in the field of network and information systems security, including the duty to adopt a national strategy on the security of network and information systems.
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Dissertations / Theses on the topic "Medical laws and legislation – European Union countries"

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ENRIGHT, Sarah Ryan. "Disability discrimination and the European Union : the impact of the framework employment directive 2000/78/EC." Doctoral thesis, European University Institute, 2005. http://hdl.handle.net/1814/5564.

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Award date: 1 December 2005
Supervisor: M. A. Moreau
In this thesis I propose to examine the effectiveness of the non-discrimination legislative framework now in place at the European level as a tool for achieving fairness and a decent standard of living for people with disabilities. With this aim in mind, the first section of the thesis will examine what factors led the Union to frame its work in the promotion of disability rights and how current anti-discrimination legislation emerged as a result. Section two goes on to examine the relationship between equality and disability and how the notion of equality can be applied to disability discrimination. Section three is dedicated to an analysis of the Framework Directive and its effectiveness in ensuring protection and rights for people with disabilities in the labour market. Finally section four examines the potential of the most innovative part of the Directive for people with disabilities, the concept of reasonable accommodation, which has been introduced to EU law for the first time by Article 5 of the Directive.
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Lu, Lu. "Anti-dumping actions against China : a comparison of European Community and Indian laws and policies." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b1951584.

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Thebaud, Edern. "Les produits-frontière dans la législation alimentaire de l'Union européenne: émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.

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Si le droit connaît les médicaments et les denrées alimentaires, il ne reconnaît pas les alicaments. Or, ces dernières années ont vu l’apparition et le développement, sur le marché de l’Union européenne, de « produits-frontière » c'est-à-dire de produits se trouvant à la frontière entre les médicaments et les aliments. Confrontées à un vaste conflit de qualification causé par l’ambivalence conceptuelle des « produits-frontière », les institutions de l’Union ont, au nom de la libre circulation des marchandises ainsi que de la nécessité d’une protection accrue des consommateurs et de la santé publique, entamé, dès le début des années 2000, une large harmonisation des dispositions nationales relatives à ces produits. Considérés comme aliments, leur nature particulière nécessite cependant une approche adaptative de la part du législateur européen. Cette nouvelle approche de l’aliment par le droit, favorable à la reconnaissance d’une santé alimentaire, tant convoitée par la société contemporaine, ne résout toutefois pas l’ambiguïté quant à la place à accorder aux « produits-frontière » dans le corpus juridique de l’Union européenne.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.

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La réalisation du marché intérieur européen par une meilleure intégration des marchés financiers est aujourd’hui devenue une réalité. L'objectif est toutefois loin d'être atteint en matière de crédit hypothécaire, nonobstant de nombreuses initiatives européennes. Compte tenu de ces difficultés et du postulat selon lequel il serait impossible d'harmoniser le droit des suretés immobilières en raison de leur ancrage culturel et national, une proposition alternative consistant dans la création d'une sûreté immobilière commune (euro-hypothèque), venant se superposer aux systèmes nationaux, a été formulée depuis un certain nombre d'années. La recherche analyse dans un premier temps la réalité du postulat précité à la lumière du droit comparé et conclut qu'en réalité, les différents systèmes trouvent non seulement leur origine dans un modèle identique, fondé sur le caractère accessoire de la sûreté, mais ont en outre connu une évolution similaire au cours de ces dernières années. Il apparaît que ce modèle constitue la meilleure base pour toute harmonisation européenne. Après avoir examiné l'interaction avec le droit international privé, sous l'angle de la protection du consommateur, et le droit européen, sous l'angle de la question de la compétence communautaire et du principe de subsidiarité, des pistes sont proposés pour opérer un rapprochement des législations nationales relatives au crédit hypothécaire. La proposition consiste à intégrer dans un seul instrument juridique contraignant (une directive européenne) les différentes propositions permettant d'opérer un rapprochement des législations nationales à trois niveaux :celui de la sûreté immobilière et de la publicité foncier, celui du contrat de prêt et enfin, celui relatif à la procédure de réalisation de l'immeuble.
Doctorat en droit
info:eu-repo/semantics/nonPublished
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Vannes, Viviane. "Concilier le droit à l'action collective et les autres droit fondamentaux: recours au principe de proportion." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210492.

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Concilier le droit à l'action collective et les autres droits fondamentaux :recours au principe de proportionnalité ?

Difficile équilibre entre efficacité du droit de grève et respect des autres droits fondamentaux

Viviane Vannes

L’objet de la thèse est de vérifier si le principe de proportionnalité, entouré de certains critères fixes et cohérents, permet au juge de justifier de manière plus rationnelle une décision portant sur l’exercice du droit de grève. La proportionnalité est en effet de plus en plus invoquée dans la matière des conflits collectifs du travail soit pour admettre son exercice soit pour le limiter voire le sanctionner.

La première partie de la thèse entend identifier le concept de proportionnalité: notion, champ d’application, critères, limites, avantages et inconvénients. Elle est, aujourd’hui, l’instrument de référence comme mode de résolution des conflits de droit, à un point tel qu’elle est érigée au rang des principes de droit. C’est, la raison pour laquelle nous avons voulu déterminer les tenants et aboutissants du concept. Son inconvénient majeur est de s’appuyer, le plus souvent, sur des critères subjectifs :le raisonnable en droit, l’éthique du comportement et la morale sociale. Nous avons, alors, recherché des critères plus objectifs qui seraient susceptibles d’écarter le risque de subjectivité du juge. Nous avons observé qu’en droit européen, la Cour de Justice apprécie la validité d’un acte communautaire ou d’une mesure nationale en vérifiant s’il répond des critères précis :l’aptitude de l’acte à atteindre l’objectif poursuivi, la nécessité de l’acte en vue de l’atteindre et la proportionnalité intrinsèque de l’acte analysée dans ses rapports à l’égard de son ou ses destinataires. Ces critères sont également appliqués par la Cour européenne des droits de l’homme dans la matière portant sur l’application de la Convention européenne des droits de l’homme et des libertés fondamentales. L’analyse de cette jurisprudence permet d’affirmer qu’ils présentent une meilleure cohérence et plus d’objectivité que le raisonnable en droit.

La deuxième partie de la thèse s’attache à fixer le statut du droit de grève en Belgique. Compte tenu de l’absence de réglementation générale belge, nous avons, d’abord, pris en considération le droit international et européen. Nous en avons retiré des lignes directives de l’exercice normal du droit de grève. L’analyse de la doctrine et de la jurisprudence belge a, ensuite, permis de fixer les éléments suivants du droit de grève :notion, contours, conditions d’existence, de légalité, de légitimité; compétence du juge du fond et des référés en cas de litige portant sur l’exercice du droit de grève.

La troisième partie de la thèse identifie, dans la matière des conflits collectifs du travail, les droits susceptibles d’être soumis au raisonnement de proportionnalité et ceux qui ne le sont pas. Car, la proportionnalité ne résout pas tous les conflits. Elle ne s’applique pas lorsqu’il s’agit de juger de la légalité de la grève, de sa régularité et dans les situations de grève spontanée déclenchée en réaction aux violations par l’employeur de ses propres obligations. Elle concerne celles où le juge est amené à juger de la légitimité du moment de sa mise en œuvre, des buts poursuivis ou des atteintes que ses modalités causent aux droits subjectifs d’autrui. C’est, alors, le conflit entre des droits de même valeur juridique qui met en œuvre le jugement de proportionnalité :droit de grève et droit de propriété et liberté d’industrie des employeurs ;droit au travail des travailleurs non grévistes ;liberté d’industrie des tiers en relation commerciale avec l’entreprise en grève, fournisseurs, clients, usagers, d’exercer leur commerce, leur industrie ;liberté d’aller et venir des usagers d’un service public.

Dans les situations où elle s’applique, la thèse propose d’inviter le juge à appliquer des critères précis pour juger de la proportionnalité de la grève. Les demandes actuelles du justiciable de rationalité et de compréhension de la décision de justice l’exigent. C’est, dans son application comme mode de résolution des conflits de droit, que notre questionnement est de savoir si, les critères contenus dans le principe de proportionnalité de droit communautaire de l’aptitude, de la nécessité et la proportionnalité de l’acte, peuvent fixer une ligne de conduite destinée à établir les règles de l’exercice normal de la grève ?La réponse donnée est, selon nous, positive.

La thèse n’entend nullement porter atteinte au droit de grève. Il appartient au socle des droits sociaux fondamentaux. La reconnaissance du droit de grève aux travailleurs ou à leurs organisations syndicales est l’un des attributs essentiels des régimes démocratiques. Il n’est donc pas question de remettre en cause un droit fondamental durement acquis. Toutefois, l’essence même d’une société démocratique repose sur le respect d’autres droits, l’intérêt général, la sécurité, la propriété, la liberté au travail, la liberté d’entreprendre. C’est la raison pour laquelle, la thèse s’attache à la difficile question de la conciliation entre, d’une part, droit de grève et efficacité de la grève et, d’autre part, droits d’autrui.


Doctorat en droit
info:eu-repo/semantics/nonPublished

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MAKARA, Kamila. "The development of patients' rights in cross-border health care and its impact on the member states of the European Union." Doctoral thesis, 2012. http://hdl.handle.net/1814/25201.

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Examining Board: Professor Marie-Ange Moreau, Lumière University Lyon 2, (EUI Supervisor); Professor Loïc Azoulai, European University Institute; Professor Achim Seifert, University of Jena; Professor Łukasz Pisarczyk, University of Warsaw.
Defence date: 17 November 2012
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The impact of the EU law on patients' rights in cross-border health care on national health care systems was subject to many fervent debates among European academics. For all the rhetoric of that debate, beneath it lies an attempt to delimit the boundaries of EU competences. These were determined by the Court’s interpretation of the Treaties. However, the recent development of patients' rights has escaped the boundaries of this interpretation and broadened the influence of patients' free movement rights into social fields. The primary concern is to answer the question about the cause which brought the Member States to give up their sovereignty for the sake of the internal market and about the effects of these sacrifices for the EU, the States and European citizens respectively. The detailed analysis of the development of EU law on cross-border health care proves that this system was an inescapable result of the decisions taken decades ago. Furthermore, by examining the different definitions and meanings of the European Social Model, the argument is explored that EU law on patients' rights, in its present form, can be considered to be not only a factor enriching the European Social Model but also an actual part of it. A new type of solidarity among the Member States and the citizens of the European Union exists, namely functional solidarity. The subject of cross-border health care has been analysed by academics in all possible ways. However, the points of view of the countries that only recently joined the Union are different to the points of view of the states that participated in the creation of the cross-border health care system. The aim of this thesis is to contribute to the debate by placing focus on the fact that there is a very important difference between the effects caused by the development of the cross-border health care systems in "Old” and "New” Member States. The thesis will describe the impact of EU law on cross-border health care in the national systems and the opposition raised against it. The objective of this work is specific. It aims to underline the difference in the impact of cross-border health care on "Old” and "New” Member States, as well as the different interests of these two groups of states in relation to EU health care policy. The intention is not only to give an empirical impression of the impact of European integration on the set-up of healthcare states, but also to explore the different tensions caused by the cross-border health care system and the different expectations of it. An attempt will be made to prove that the relation between the EU law and the national health care systems was built on two-way influence. Not only did the Member States alter their health care systems to accommodate the rules of the internal market, but that the system of co-ordination of social security also had to be adapted in order to fit the multiple national systems.
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STAVROULAKI, Theodosia. "Integrating healthcare quality concerns into a competition law analysis : mission impossible?" Doctoral thesis, 2017. http://hdl.handle.net/1814/49704.

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Defence date: 22 December 2017
Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-Wolfgang Micklitz, European University Institute; Dr. Okeoghene Odudu, University of Cambridge; Professor Daniel Sokol, Levin College of Law, University of Florida
Healthcare markets have started being created in Europe. Indeed, some European countries, such as the UK and the Netherlands, have started adopting the choice and competition model for healthcare delivery. Taking as a starting point that as health systems in Europe move towards market driven healthcare delivery, the application of competition law in these systems will increase, the goal of this doctoral thesis is (a) to identify some of the competition problems that may be raised in light of the reality that especially in hospital and medical markets the pursuit of competition and the pursuit of essential dimensions of healthcare quality may inevitably clash (b) to demonstrate that competition authorities would be unable to address some of these competition problems if they did not pose and address a fundamental question first: how should we define and assess quality in healthcare? How should we take healthcare quality into account in the context of a competition analysis? In delving into these questions, this doctoral thesis explores how the notion of healthcare quality is defined from antitrust, health policy and medicine perspectives and identifies three different models under which competition authorities may actually assess how a specific anticompetitive agreement or hospital merger may impact on healthcare quality. These are: (a) the US market approach under which competition authorities may define quality in healthcare strictly as choice, variety, competition and innovation (b) the European approach under which competition authorities may extend the notion of consumer welfare in healthcare so that it encompasses not only the notions of efficiency, choice and innovation, but also the wider objectives and values European health systems in fact pursue (c) the UK model under which competition authorities may cooperate with health authorities when they assess the impact of a specific transaction on healthcare quality. The thesis identifies the main merits and shortcomings of these models and emphasizes that what is crucial for the adoption of a holistic approach to healthcare quality is not only the model under which healthcare quality is actually integrated into a competition analysis but also competition authorities’ commitment to protect all dimensions of this notion.
Chapter IV ‘Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible’ of the PhD thesis draws upon an earlier version published as an article 'Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible' (2016) in the journal 'World competition'
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DA, COSTA LEITE BORGES Danielle. "European health systems and the internal market : towards new paradigms and values for the provision of health care services?" Doctoral thesis, 2013. http://hdl.handle.net/1814/30898.

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Defence date: 1 February 2013.
Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Christopher Newdick, University of Reading (External Co-Supervisor); Professor Claire Kilpatrick, European University Institute; Professor Vassilis Hatzopoulos, Visiting Professor at the College of Europe.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Using theories of distributive justice as its point of departure, this thesis deals with the tensions created by the application of the Internal Market rules to the provision of health care services within the European Union (EU). The main aim of the work is to analyse the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. Moreover, it also aims to contribute to a more comprehensive and balanced interpretation of the role of the provision of health services in the context of the Internal Market and European Union law. The analysis developed in this thesis is conducted using the specific issue of cross-border health care, which has been chosen to demonstrate how solid values guiding European health systems can be affected by EU law and libertarian ideas. The work is divided into six chapters. The first chapter is devoted to a literature review regarding the questions of the special moral importance of health care and of theories of distributive justice used to justify the allocation of this special good among individuals. The discussion about theories of distributive justice and health care also includes the argument concerning the role of the market in health care provision. The second chapter focuses on the development of social rights of citizenship and its relationship with the welfare state. This includes the analysis of the meaning of solidarity and the concepts of European citizenship, both at national and supranational levels. The third chapter concentrates on the provision of health services at the national level. It begins by presenting a historic overview of the development of welfare services in the field of health care in Europe. Then there is an explanation of the models for financing and delivery of health care as well as their guiding principles. The fourth chapter analyses the framework of health services provision at the European level. It includes the analysis of EU legislation, such as Treaty provisions and secondary legislation, as well as the jurisprudence of the European Court of Justice (ECJ) on health services, as for example, cross-border health care and competition law cases. The fifth chapter looks at human rights law and documents in the field of health, outlining their relationship with theories of distributive justice and the provision of health care. Finally, the last chapter identifies the new paradigms and values introduced by the Internal Market rules in the field of health care, outlining their relationship with a libertarian view of health care. This chapter also examines how these new paradigms and values affect the principles of universality, accessibility, equity and solidarity at the national level, drawing conclusions about the role of the European Union in the realm of health care.
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NANNERY, Aoife. "The 'conscience of Europe' in the European sovereign debt crisis : an analysis of the judgments of the European Court of Human Rights and the European Committee of Social Rights on austerity measures." Doctoral thesis, 2015. http://hdl.handle.net/1814/39046.

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Award date: 30 November 2015
Supervisor: Professor Claire Kilpatrick, European University Institute
This thesis is an analysis of judgments of the European Court of Human Rights and the European Committee of Social Rights arising from austerity measures in the European sovereign debt crisis. The thesis considers the protection afforded to socio-economic interests under the two systems, and how this protection has been tested by the challenges arising from the economic crisis. The first chapter is an analysis of the social Euro-crisis cases. Brought under Article 1 of Protocol 1 to the ECHR the measures enacted to reduce government spending were an alleged violation of the right to property. Almost all of the social Euro-crisis cases were held to be inadmissible by the Court, which cited the gravity of the economic crisis in the respondent states and the executive’s margin of appreciation in matters of social and economic policy. The second chapter places the social Euro-crisis cases in context temporally and thematically, in considering two previous lines of case law developed by Strasbourg: financial and economic stability, and emergency and exceptional circumstances. The ECtHR decisions focus on the severity of the crisis, determining that the margin of appreciation is broader in such circumstances. The ECtHR section concludes that it does not appear that the European sovereign debt crisis has seen Strasbourg develop any definitive crisis approach to ensure that Convention rights are protected in times of economic instability. The third chapter examines the case law generated by the European Committee of Social Rights during the same period. This section serves to act as a counterpart to the ECtHR section. The Committee emphasised that times of crisis require socio-economic rights to be protected, and finds many of the challenged austerity measures incompatible with the European Social Charter.
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SCOTT, David L. "Adjudication and enforcement of fundamental social and economic rights at European level." Doctoral thesis, 1991. http://hdl.handle.net/1814/5623.

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Books on the topic "Medical laws and legislation – European Union countries"

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Hervey, Tamara K., Anne-Maree Farrell, Mark L. Flear, and Thérèse Murphy. European law and new health technologies. Oxford, United Kingdom: Oxford University Press, 2013.

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Erika, Szyszczak, Neergaard Ulla, Krajewski Markus, and SpringerLink (Online service), eds. Health Care and EU Law. The Hague, The Netherlands: T.M.C.ASSER PRESS and the author, 2011.

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Bernhard, Maassen, and Whaite Robin, eds. In vitro diagnostic medical devices: Law and practice in five EU member states : France, Germany, Italy, Spain, and the United Kingdom. Dordrecht: Kluwer Academic Publishers, 1994.

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European Union health law: Treaties and legislation. Apeldoorn, The Netherlands: Maklu, 2012.

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Law of the European Union social chapter. Oxford: Hart Publishing, 1998.

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Pöttgen, Nicole. Medizinische Forschung und Datenschutz. Frankfurt am Main: P. Lang, 2008.

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Pöttgen, Nicole. Medizinische Forschung und Datenschutz. Frankfurt am Main: P. Lang, 2008.

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Mossialos, Elias. Health systems governance in Europe: The role of European Union law and policy. New York, N.Y: Cambridge University Press, 2010.

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Pamela, Meadows, and European Commission, eds. Beyond employment: Changes in work and the future of labour law in Europe. Oxford: Oxford University Press, 2001.

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New governance and the European employment strategy. New York, NY: Routledge, 2010.

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Book chapters on the topic "Medical laws and legislation – European Union countries"

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Malacka, Michal. "Sharia – Conflict of Law and Culture in the European Context." In Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno: Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.

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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.
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Broom, Donald M. "EU regulations and the current position of animal welfare." In The economics of farm animal welfare: theory, evidence and policy, 147–55. Wallingford: CABI, 2020. http://dx.doi.org/10.1079/9781786392312.0147.

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Abstract In most countries of the world, sustainability issues are viewed by the public as of increasing importance and animal welfare is perceived to be both a public good and a key aspect of these issues. European Union animal welfare policy and legislation on animal welfare has helped animals, has had much positive influence in the world and has improved the public image of the EU. Health is a key part of welfare and the one-health and one-welfare approaches emphasize that these terms mean the same for humans and non-humans. The animals that humans use are described as sentient beings in EU legislation. Scientific information about animal welfare, like that produced by EFSA, is used in the formulation of the wide range of EU animal welfare laws. The European Commission has an animal welfare strategy including the Animal Welfare Platform. However, most kinds of animals kept in the EU are not covered by legislation, and they are subject to some of the worst animal welfare problems, so a general animal welfare law and specific laws on several species are needed. Animal sentience and welfare should be mentioned, using accurate scientific terminology, in many trade-related laws as well as in animal-specific laws.
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Hajnal, Zsolt. "The Emergence of Member States’ Characteristics in European and National Consumer Law." In The Policies of the European Union from a Central European Perspective, 173–95. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_9.

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European legislation often has a significant impact on private laws in the Member States, especially consumer legislation. In the absence of national, strong consumer protection traditions, consumer protection legisla- tion in Central and Eastern European countries has been largely defined by European consumer law. In the chapter, I am looking for answers as to the specificities of these countries, their ability to enforce these in the EU’s main legislative trends, and how these countries have contributed to European Union consumer law.
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Karan, Ulaş. "The Impact of the Court of Justice of the European Union on the Turkish Legal System." In The Impact of the European Court of Justice on Neighbouring Countries, 115–40. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0006.

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This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.
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Elek, Balázs. "Criminal Judicial Cooperation from a Central and Eastern European Perspective." In The Policies of the European Union from a Central European Perspective, 259–79. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_13.

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Today, the European Union and EU law influence essentially all areas of the law in Member States. Criminal and criminal procedural law are no exception. The European Union can require Member States to criminalize certain defined behaviors, determine the opinion on criminal sanctions that will punish perpetrators, and oblige the states to apply measures in certain areas of criminal law and laws on criminal procedure. As such, the harmonization of substantive and procedural norms in the Member States’ criminal law falls in the EU’s scope of authority. After the accession of the countries of Central and Eastern Europe to the European Union, the harmonization of criminal and criminal procedural law throughout the European Union has been taken to a new level. There were also previously trust-based agreements on criminal co-operation between East and Central European countries, so mutual trust in EU cooperation was not entirely new in these countries. The harmonization has also been facilitated by the fact that there have historically been many similarities between Member States’ legal systems. One of the best examples of this is the habeas corpus principle. The harmonization of criminal procedure rules has already been developed with the countries of East and Central Europe. However, the case law of the European Court of Justice regularly shows that in former Western European countries there is a greater distrust of the legislation of the East-Central European countries and that the new East–Central Member States often approach a legal issue quite differently.
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Kozerska, Ewa, and Tomasz Scheffler. "State and Criminal Law of the East Central European Dictatorships." In Lectures on East Central European Legal History, 207–39. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ps.loecelh_9.

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The chapter is devoted to discussing constitutional and criminal law as it existed in selected countries of Central and Eastern Europe between 1944 and 1989 (Czechoslovakia, the German Democratic Republic, Romania, Hungary, and Poland). As a result of the great powers’ decisions, these countries came under the direct supervision of the Soviet Union and adopted totalitarian political solutions from it. This meant rejecting the idea of the tripartite division of power and affirming the primacy of the community (propaganda-wise: the state pursuing the interests of the working class) over the individual. As a result, regardless of whether the state was formally unitary or federal, power was shaped hierarchically, with full power belonging to the legislative body and the body appointing other organs of the state. However, the text constantly draws attention to the radical discrepancy between the content of the normative acts and the systemic practice in the states mentioned. In reality, real power was in the hands of the communist party leaders controlling society through an extensive administrative apparatus linked to the communist party structure, an apparatus of violence (police, army, prosecution, courts, prisons, and concentration and labor camps), a media monopoly, and direct management of the centrally controlled economy. From a doctrinal point of view, the abovementioned states were totalitarian regardless of the degree of use of violence during the period in question. Criminal law was an important tool for communist regimes’ implementation of the power monopoly. In the Stalinist period, there was a tendency in criminal law to move away from the classical school’s achievements. This was expressed, among other means, by emphasizing the importance of the concept of social danger and the marginalization of the idea of guilt for the construction of the concept of crime. After 1956, the classical achievements of the criminal law doctrine were gradually restored in individual countries, however – especially in special sections of the criminal codes – much emphasis was placed on penalizing acts that the communist regime a priori considered to be a threat to its existence. Thus, also in the field of criminal law, a difference was evident between the guarantees formally existing in the legislation and the criminal reality of the functioning of the state.
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Rossel, Lucia, Brigitte Unger, Jason Batchelor, and Jan van Koningsveld. "The Implications of Making Tax Crimes a Predicate Crime for Money Laundering in the EU." In Combating Fiscal Fraud and Empowering Regulators, 236–71. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198854722.003.0013.

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This chapter sheds light on the divergence of tax crimes and money laundering laws across Europe after the implementation of the 4th Anti Money Laundering Directive. Laws are a crucial part of the tax environment as they are one of the rules under which the tax ecosystem operates. Taxpayers should pay their taxes following the law, and tax experts should advise them within the realm of it. The chapter sees the 4th AMLD as a shock that put money laundering regulation inside the tax ecosystem, and the way that countries implement this in their regulation is the response to this shock; it uses an innovative comparative approach that involves the analysis of tax evasion through an empirical legal lens. The chapter includes a dataset built by the authors with the legislation of all European Union countries regarding tax crimes and money laundering, as well as other relevant legal variables.
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Donikë, Qerimi. "Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 52 Western Balkans: Western Balkans Perspectives on the Hague Principles." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0052.

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This chapter presents Western Balkans perspectives on the Hague Principles. The term ‘Western Balkans’ is used to denominate the countries of the Balkan peninsula which are not member of the European Union: Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Kosovo, and Serbia. The countries of the Western Balkans have had a rather troubled past and the beginning of this century found them (re)building their countries, including their legislation. Given the urgency of other areas of law, Private International Law (PIL) was not in the focus of most of these countries’ reforms, academia, or court practice until recently. Unlike the EU regulations and Hague Conventions, the Hague Principles are not listed among the ‘inspirations’ of any of the current draft laws in the region. Experts who helped in drafting the ongoing reforms, however, have testified to the vast collection of international instruments and PIL codifications of other European countries that were used as inspiration when preparing these drafts. These preparations might have included the Hague Principles as well.
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Miheș, Cristian Dumitru. "Romania: National Regulations in the Shadow of a Common Past." In Criminal Legal Studies : European Challenges and Central European Responses in the Criminal Science of the 21st Century, 125–55. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.evcs.cls_5.

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The rule of law is very difficult to enforce during periods of dictatorship or war. We can have a justice system that functions, as we had before 1989, but that system was confined to upholding the regime in power. Romania experienced a dictatorship for a very long period of time. In the first phase, there was a royal dictatorship from 1938, then a military one, followed by the communist regime until the end of 1989. Since 1945, Romania has been a part of the world where the communist system imposed by the Soviet Union left its mark on criminal justice. The authors of the 1968 Penal Code considered that code to have been adopted “with the purpose of solving uniformly the vast problematic of pre- venting and punishing the crimes.” In a practical regard, the entire legislation was a tool to ensure the success of the regime of communist oppression. In these circumstances, the events that took place in 1989 liberated the spirit of freedom; meanwhile, the consequences of those events took the citizens of the Central and East European countries by surprise, and they were unprepared for the struggle toward democracy and the rule of law. This was the case in Romania when, finally, in 2014, the process of enforcing all fundamental codes was established. In fact, the reform was deeper than the adoption of a new Penal Code, the Code of Criminal Procedure, and the Law on the Execution of Sentences, Educational Measures, and Judicial Measures during Criminal Proceedings. This study presents the main principles, legal institutions, and operational characteristics of the new laws.
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Conference papers on the topic "Medical laws and legislation – European Union countries"

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Sovova, Olga. "ERA OF DIGITIZATION: RE-DESIGNING PRIVACY PROTECTION IN HEALTH CARE." In NORDSCI International Conference Proceedings. Saima Consult Ltd, 2019. http://dx.doi.org/10.32008/nordsci2019/b2/v2/31.

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The paper examines the issue arising when delivering healthcare in the modern information society. Throughout the past decade, the Internet has seen a significant rise of the "Web 2.0" trend, which carried on its wings a health industry trend often referred to as "Health 2.0" or "Medicine 2.0". More recently, we have also witnessed the crowning of concepts such as Health Social Media, eHealth and mHealth. European Union as well as the national states develop strategies implementing new technologies for personal and medical data sharing, including the prescription of medicals as well as their validation through websites. Healthcare data privacy and security is one of the top challenges, healthcare providers face. The huge amount of data the medical care generates holds potential for researchers, providers, pharmaceutical companies as well as for doctors, who can use it to improve care or find new treatments and insights into disease. The key issue to examine is how to balance the competing interests of privacy and data-sharing and not exclude the patient as a holder and owner of the information. The paper addresses the issue of privacy protection in digitized healthcare, using the analysis of the legislation and case-law of the Czech Republic, stressing the demands for human rights and privacy protection of a member state of the European Union. The paper introduces several proposals for providers on how to re-design digital healthcare with respect to laws and patients´ rights. The paper concludes that even modern and digitized medicine is based not only on evidence and modern technologies but also on human interaction and face-to-face approach and trust between the doctor and patient.
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Mihai, Ioan cosmin. "STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS." In eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.

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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.
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Briza, Ilze, and Anita Pipere. "Clinical Training in Nursing Study Programs in Latvia and Europe." In 15th International Scientific Conference "Rural Environment. Education. Personality. (REEP)". Latvia University of Life Sciences and Technologies. Faculty of Engineering. Institute of Education and Home Economics, 2022. http://dx.doi.org/10.22616/reep.2022.15.001.

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As a result of the Bologna Process, European countries have been operating common basic requirements for nursing education (NE) programmes for several years. In 2021, reforms have also taken place in Latvia to ensure the effective development of professionals within higher education, who would become autonomous medical staff with a bachelor (Bch) education. Despite the different approaches of each European Union (EU) Member State to implementation of NE programmes, the unifying element is a scope of clinical training, which under EU legislation is at least half of the total scope of study programme. According to the research, these essential requirements have had a positive impact on the development of NE across Europe. Latvian higher education institutions (HEIs) have taken over the positive experience of Europe and have aligned the scope of clinical training with the requirements of regulatory enactments. A HEI has the right to organise clinical training at its discretion, thereby creating an unequal scope of this training in certain parts of the study programme. Some HEIs implement this process as internships, while others integrate it into study courses, supplementing the theoretical knowledge and practical skills acquired in simulation rooms with the acquisition of competencies in the clinical environment (CE). However, despite the organizational differences, the unifying element of these programmes remains the total scope of studies in the CE. The NE programmes in Europe also differ in the use of the term for clinical training. Notwithstanding the designation of this peculiar study form, it is always implemented in a CE. The presented research aims to look at the essence of clinical studies and the usability of the corresponding terms in a framework of study process in a CE, as well as to analyse the differences in the scope of this study form in Bch programmes in nursing in Latvia and Europe. The document analysis method, examining 17 research papers for their compliance with international regulatory enactments, shows that clinical training, nothwithstanding different terminology, is a key component of NE in a high-quality CE. The comparison of Bch’s level nursing studies (NS) at Vilnius University (Lithuania), Riga Stradiņš University (Latvia), Osnabrück University of Applied Sciences (Germany), University of Barcelona (Spain), and Daugavpils University (Latvia) indicates that they generally comply with internationally recognized requirements for the acquisition of the nursing profession.
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