Academic literature on the topic 'Mistake (Law) – European Union countries'
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Journal articles on the topic "Mistake (Law) – European Union countries"
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Goniewicz, Krzysztof, Amir Khorram-Manesh, Attila J. Hertelendy, Mariusz Goniewicz, Katarzyna Naylor, and Frederick M. Burkle. "Current Response and Management Decisions of the European Union to the COVID-19 Outbreak: A Review." Sustainability 12, no. 9 (May 8, 2020): 3838. http://dx.doi.org/10.3390/su12093838.
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COVID-19 has proven to be a formidable challenge for many countries in the European Union to manage effectively. The European Union has implemented numerous strategies to face emerging issues. Member States have adopted measures such as the closure of borders and significant limitations on the mobility of people to mitigate the spread of the virus. An unprecedented crisis coordination effort between Member States has facilitated the ability to purchase equipment, personal protective equipment, and other medical supplies. Attention has also been focused on providing substantive money for research to find a vaccine and promote effective treatment therapies. Financial support has been made available to protect worker salaries and businesses to help facilitate a return to a functional economy. Lessons learned to date from COVID-19 in the European Union are many; the current crisis highlights the need to think about future pandemics from a population-based management approach and apply outside the box critical thinking. Due to the complexity, intensity, and frequency of complex disasters, global leaders in healthcare, government, and business will need to pivot from siloed approaches to decision-making to embrace multidisciplinary and transdisciplinary levels of cooperation. This cooperation requires courage and leadership to recognize that changes are necessary to avoid making the same mistakes we have planned countless times on avoiding. This study focuses on the European Union’s initial response to the COVID-19 pandemic, starting with how the European Union first learned and processed the global information arising out of China, followed by the incremental population-based medicine/management decisions made that currently are defining the European Union’s capacity and capability. The capacity to organize, deliver, and monitor care to a specific clinical population under a population-based management target includes strict social distancing strategies, contact testing and tracing, testing for the virus antigen and its antibodies, isolation, and treatment modalities such as new mitigating medications, and finally, a vaccine.
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POTAPOVA, Oleksandra. "INTERNATIONAL EXPERIENCE OF FORMATION OF THE EDUCATION SYSTEM IN THE CONDITIONS OF DECENTRALIZATION OF POWER." Dnipro Academy of Continuing Education Herald. Series: Public Management and Administration, Vol. 1 No. 2 (2022) (August 31, 2022): 37–42. http://dx.doi.org/10.54891/2786-6998-2022-1-6.
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The article examines aspects of the international experience of education system formation in conditions of decentralization of power in countries such as France, Poland, the Czech Republic, and the USA. It was determined that Ukraine must quickly and with the least losses overcome the shortcomings of the post-Soviet education management system in order to create a competitive national education system, therefore, studying the experience of countries around the world, analyzing mistakes and successes in reforming the education system in conditions of decentralization of power are necessary to successfully overcome all difficulties in the future development of the national education system. It was concluded that educational systems within the European Union remain unique in each country with a different degree of centralization or decentralization of management and financing of education, therefore it is necessary to find a rational «golden mean» in each of these systems and apply it in Ukraine in conditions of decentralization authorities. The impact of the democratization of education management on increasing the autonomy and level of socialization of educational institutions is determined. The concepts of «democratization» and «decentralization» are highlighted and the influence of these processes on the conditions of functioning of schools, stimulation of creative activity of teams and management is determined. The experience of some countries was studied, which shows that a strong legal state, which supports the principle of equality of all before the law, should be a guarantor of democratic rights in various spheres of social life, and first of all, in quality education. The article also focuses on the main areas of decentralization of educational institution management. Ways to improve the quality and practical significance of education a on the study of the experience of modernization and modification of the education system of the countries of the world and the application of these approaches in the future in the institutions of domestic education, which will contribute to the creation of conditions for deepening the knowledge of education seekers, improving the quality of educational services, socio-economic development country, ensuring the growth of Ukraine’s competitiveness, as well as the creation of new jobs with higher requirements for knowledge and skills. re proposed, based.
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Economou, Athina, and Iacovos N. Psarianos. "Revisiting Okun’s Law in European Union countries." Journal of Economic Studies 43, no. 2 (May 9, 2016): 275–87. http://dx.doi.org/10.1108/jes-05-2013-0063.
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Purpose – The purpose of this paper is to examine Okun’s Law in European countries by distinguishing between the transitory and the permanent effects of output changes upon unemployment and by examining the effect of labor market protection policies upon Okun’s coefficients. Design/methodology/approach – Quarterly data for 13 European Union countries, from the second quarter of 1993 until the first quarter of 2014, are used. Panel data techniques and Mundlak decomposition models are estimated. Findings – Okun’s Law is robust to alternative specifications. The effect of output changes to unemployment rates is weaker for countries with increased labor market protection expenditures and it is more persistent for countries with low labor market protection. Originality/value – The paper provides evidence that the permanent effect of output changes upon unemployment rates is quantitatively larger than the transitory impact. In addition, it provides evidence that increased labor market protection mitigates the adverse effects of a decrease in output growth rate upon unemployment.
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Kavelaars, Peter. "The foreign countries of the European Union." EC Tax Review 16, Issue 6 (December 1, 2007): 268–73. http://dx.doi.org/10.54648/ecta2007044.
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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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Lubis, Syaravina. "Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations." Journal of Law Science 4, no. 1 (January 30, 2022): 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
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The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
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Rodríguez-Gulías, María Jesús, Vítor Manuel de Sousa Gabriel, and David Rodeiro-Pazos. "Effects of governance on entrepreneurship: European Union vs non-European Union." Competitiveness Review: An International Business Journal 28, no. 1 (January 15, 2018): 43–57. http://dx.doi.org/10.1108/cr-06-2016-0035.
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Purpose The purpose of this paper is to analyse the effect of six governance indicators on the rate of creation of new companies between countries that are members of the European Union (EU) and those that are not. H1 states that the various dimensions of governance help to explain the immediate creation of new businesses in European and non-European countries. H2 states that the various dimensions of governance help to explain the deferred creation of new businesses in European and non-European countries. Design/methodology/approach The paper uses two types of analyses: firstly, univariate analysis, which is a descriptive statistics of the dependent, independent and control variables, and the results of a t-test; and secondly, multivariate analysis, which estimates using the fixed-effects estimator under the specifications previously raised for the subsample of 28 EU countries and for the subsample of 103 non-EU countries during the period 2004-2014. Findings The results show that the variables of governance are not significantly higher in the EU, although the density of the enterprises is. Within the governance indicators, government effectiveness is significant in the EU. The results obtained for the EU confirmed H1and H2, with a significant positive effect of government effectiveness on entrepreneurship, while the other governance variables were not significant in the EU subsample. The results obtained for non-EU countries suggest no significant immediate effects (H1) and a slightly significant delayed effect of rule of law on the entrepreneurship (H2) concerned. Research limitations/implications Future research in this area could consider introducing another regional division or other types of methodology as variables affect models. Practical implications Governance can be defined as the ability of a government and its public institutions to provide services and design, and implement rules, which is a factor that affects the creation of new companies. However, the effect of governance could differ depending on the country and its economic environment. This paper analyses the effect of six governance indicators on the rate of creation of new companies considering two different geographic regions as countries are presumably heterogeneous. Therefore, these results indicate that the effect of governance variables on entrepreneurship differs according to the region. Social implications The effect of governance variables on entrepreneurship according to the region is also known. Originality/value This study applied panel data analysis to two samples of countries during the period 2004-2014, one formed by 28 countries of the EU and the other by 103 non-EU countries. No other paper considers this number of countries for this period. To assess the impact of governance on the creation of new companies, this paper considered the existence of immediate and deferred effects of governance on entrepreneurship.
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Schutte, Camilo B. "Spain Tribunal Constitucional on the European Constitution. Declaration of 13 December 2004." European Constitutional Law Review 1, no. 2 (May 19, 2005): 281–92. http://dx.doi.org/10.1017/s1574019605002816.
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When thinking about the integration of the European sovereign states in the European Union, one does not need to be a euro-sceptic to perceive a big fish devouring little fish. Of course, the individuality of the different countries is assured in the European Union. Article I-5(1) of the European Constitution establishes that the Union shall respect their national identities inherent in their fundamental structures, political and constitutional, and their essential state functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. Europe is to be ‘United in diversity’. Yet, however considerate the Union may be of the various European countries, unity can exist only by the grace of all member states' loyally fulfilling their European obligations.
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Křepelka, Filip. "Dominance of English in the European Union and in European Law." Studies in Logic, Grammar and Rhetoric 38, no. 1 (September 1, 2014): 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Bianco, Giuseppe. "European Unions Investment Agreements and Public Debt." European Business Law Review 28, Issue 2 (April 1, 2017): 119–33. http://dx.doi.org/10.54648/eulr2017010.
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The on-going global financial crisis has hit Europe in an especially significant manner. With the legal vacuum surrounding sovereign debt restructurings, Bilateral Investment Treaties (BITs) and Free Trade Agreements (FTAs) signed by European countries can provide grounds for litigation in future debt crises. The sovereign debt crisis in the heart of the Eurozone has materialized such dangers, and has had an impact on the European Union’s strategy as an actor in international investment. The problems experienced by Argentina before the ICSID have made European countries more aware of the potential hidden in their BITs. This has in turn led to a careful drafting of the CETA and the TTIP, and potentially of all the other major FTAs to follow.
Dissertations / Theses on the topic "Mistake (Law) – European Union countries"
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Shi, Feng. "Principles of European Union water law." Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
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Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Fee, Emma. "'A Europe without dividing lines': the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile?" Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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BARANSKI, Marcin. "Constitutional pluralism in the European Union : a critical reassessment." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.
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Defence date: 26 July 2021Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)
The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
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CERAN, Olga. "Cross-border child relocation : national law in a united Europe." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
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Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
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Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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KARAGIANNIS, Yannis. "Preference heterogeneity and equilibrium institutions: The case of European competition policy." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.
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Defence date: 21 December 2007Examining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
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SCHOLTES, Julian. "The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism." Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.
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Defence date: 21 January 2022Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)
‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
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Liang, Zheng Yun. "The enviromental principles of the European Union." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120095.
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Li, Qian. "European Union normative approaches to enviromental governance." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120096.
Full textBooks on the topic "Mistake (Law) – European Union countries"
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Ruth, Sefton-Green, ed. Mistake, fraud and duties to inform in European contract law. Cambridge, UK: Cambridge University Press, 2005.
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European Union law. 2nd ed. Milton Park, Abingdon, Oxon: Routledge, 2010.
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1969-, Humphreys Matthew James, ed. European Union law. 6th ed. Oxford: Oxford University Press, 2010.
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European Union law. Cambridge, United Kingdom: Cambridge University Press, 2015.
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European Union law. 3rd ed. London: LexisNexis UK, 2003.
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(Firm), Routledge, ed. European Union law. 6th ed. London: Routledge-Cavendish, 2009.
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(Firm), Routledge, ed. European Union law. 6th ed. London: Routledge-Cavendish, 2009.
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Cuthbert, Mike. European Union law. 5th ed. London: Cavendish, 2003.
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Davies, Karen. Understanding European Union law. 3rd ed. New York, NY: Routledge, 2007.
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Understanding European Union law. 2nd ed. Milton Park, Abingdon, Oxon: Routledge, 2011.
Find full textBook chapters on the topic "Mistake (Law) – European Union countries"
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Inan, Nurkut, and Gamze Öz. "Turkish Competition Law and the Impact of the Customs Union Decision." In Turkey and Central and Eastern European Countries in Transition, 259–67. London: Palgrave Macmillan UK, 2001. http://dx.doi.org/10.1007/978-0-333-97800-9_12.
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Matthes, Claudia-Y. "Safeguarding Democracy and the Rule of Law by Civil Society Actors? The Case of Poland." In Palgrave Studies in European Union Politics, 263–81. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_11.
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Abstract A growing body of literature examines the EU’s reactions to illiberal trends in ECE countries. These studies predominantly focus on political instruments such as Article 7 and the Commission’s new rule of law mechanism, and there is a broad consensus on the view that these tools are too weak to combat breaches of liberal principles. This chapter therefore explores the potential of alternative strategies, namely the involvement of civil society actors in backsliding countries. By looking at the Polish case, it explores how much Polish civil society interacts with the European institutions in order to address violations of the rule of law and which strategies these actors unfold. It examines whether this cooperation may help to safeguard democracy in a bottom-up manner. The overall goal of the chapter is to investigate how much the EU’s instruments against democratic backsliding could and should be accompanied effectively by strategies aiming at collaboration with liberal forces within the backsliding member states.
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Tomini, Luca, and Seda Gürkan. "Contesting the EU, Contesting Democracy and Rule of Law in Europe. Conceptual Suggestions for Future Research." In Palgrave Studies in European Union Politics, 285–300. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_12.
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Abstract In ECE countries, democratisation and Europeanisation seemed to exist in a mutually reinforcing relationship and both concepts provided the main analytical lenses for studying these states. In the light of recent illiberal and anti-EU politics, two different concepts have started to receive increasing scholarly attention, namely the concepts of de-Europeanisation and autocratisation. Their exact meaning, however, remains unclear and the causal link between these specific processes and the rule of law has largely remained understudied. Against this backdrop, this chapter first summarises the state-of-the-art research on autocratisation and de-Europeanisation, and then examines the interaction and causal link between these two phenomena in times of declining democracies in Europe and rule of law problems.
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Naef, Tobias. "The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union." In European Yearbook of International Economic Law, 115–230. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_3.
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AbstractThe right to data protection in Article 8 CFR has an extraterritorial dimension, which requires continuous protection for personal data that is essentially equivalent to the protection guaranteed within the EU. This right to continuous protection of personal data is an unwritten constituent part of the right to data protection in Article 8 CFR. Primary Union law in Article 16(2) TFEU instructs the European Parliament and the Council to establish rules relating to the protection of individuals regarding the processing of their personal data. This mandate also extends to the extraterritorial dimension of the right to data protection. Accordingly, Chapter V GDPR sets out the system for the transfer of personal data from the EU to third countries. The first section of this chapter defines the legal concept of “data transfers” and introduces the three legal mechanisms for the transfer of personal data in Chapter V GDPR (Sect. 3.1). The following sections address the three legal mechanism and their role in guaranteeing the right to continuous protection for personal data. Each section entails a fundamental rights analysis for the transfer of personal data on the basis of a legal mechanism in Chapter V GDPR. The second section is dedicated to data transfers based on adequacy decisions for third countries following Article 45 GDPR (Sect. 3.2). The third section is dedicated to data transfers based on the instruments providing appropriate safeguards in Article 46 GDPR such as standard data protection clauses and binding corporate rules (BCRs) (Sect. 3.3). Finally, the fourth section is dedicated to data transfers subject to contract-based and consent-based derogations in Article 49 GDPR (Sect. 3.4).
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Ranaldi, Valentina. "The Role of the European Border and Coast Guard Agency (Frontex) in the Management of the External Borders of the European Union: The Cooperation Agreements with the Western Balkans Countries." In Regional Law Review, 157–68. Belgrade ; Hungary ; Osijek: Institute of Comparative Law ; University of Pécs Faculty of Law ; Josip Juraj Strossmayer University of Osijek, Faculty of Law, 2020. http://dx.doi.org/10.18485/iup_rlr.2020.ch12.
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Vargas Vasserot, Carlos. "Social Enterprises in the European Union: Gradual Recognition of Their Importance and Models of Legal Regulation." In The International Handbook of Social Enterprise Law, 27–45. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_3.
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AbstractThis chapter addresses social enterprises as a special corporate category, which in some European jurisdictions, and increasingly so after their promotion by the European Union, are provided with a specific legal framework to promote and encourage their development. The paper begins with a brief compilation of the several social enterprise concepts developed by economic doctrines both in the United States and Europe, which reveal a great diversity of approaches. This is followed by an analysis of the various documents published by the European Union, showing the increasing recognition of this business phenomenon, from the publication of the Social Business Initiative in 2011 to the recent Action Plan for the Social Economy in 2021. Finally, the results obtained from the analysis of the different European legal systems are presented, and three main models of legal regulation of social enterprises are distinguished, namely, the use of the social cooperative form, enactment of a special law, and integration into a social economy law. The chapter concludes with a table comparing the essential aspects of the regulation of social enterprises in 14 European 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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Horspool, Margot, Matthew Humphreys, and Michael Wells-Greco. "17. EU relations with third states and international organisations." In European Union Law, 621–38. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870586.003.0017.
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This chapter considers the EU’s relationship with third countries and international organisations. It discusses the legal basis and competence for the EU’s external action and offers examples of how the EU exercises this competence. This is followed by an overview of the types of agreements the EU enters into with third countries with a discussion on the treaty arrangements with Switzerland, the EEA (Norway, Iceland and Liechtenstein) and the UK. It then considers the EU’s relationship with a selection of international organisations.
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Hartley, Trevor. "Agreements with Third Countries." In The Foundations of European Union Law, 173–200. Oxford University Press, 2010. http://dx.doi.org/10.1093/he/9780199566754.003.0204.
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"Protection in Third Countries." In ‘Protection’ in European Union Asylum Law, 196–239. Brill | Nijhoff, 2020. http://dx.doi.org/10.1163/9789004430396_006.
Full textConference papers on the topic "Mistake (Law) – European Union countries"
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Yumagulova, E. R., A. A. Norekyan, and E. V. Yumadilova. "KEY ASPECTS OF THE NEW FOREST STRATEGY OF THE EUROPEAN UNION AND THE RUSSIAN FEDERATION." In webinar. Nizhnevartovsk State University, 2020. http://dx.doi.org/10.36906/es-2020/05.
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The paper describes problem features of deforestation and solutions in the EU countries and Russian Federation. The effectiveness of the EU policy and law in the field of forestry is supported by the steady growth of forest area for more than 60 years. Forest complex of Russia is in a major crisis now. Wood recourses insecurity of planned export performance of the timber industry complex and internal consumption is the main mistake of the Development Strategy for the Forestry Complex of the Russian Federation until 2030.
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Macerinskiene, Irena. "INTANGIBLES ASSESSMENT IN EUROPEAN UNION COUNTRIES." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b24/s7.050.
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Montvilaite, Kristina. "ASSESSMENT OF FOREIGN DIRECT INVESTMENT CONVERGENCE POSSIBILITIES IN THE COUNTRIES OF THE EUROPEAN UNION." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b22/s6.009.
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Zemguliene, Jolanta. "THE PRODUCTIVITY SPILLOVERS AS THE SOURCE OF ECONOMIC GROWTH � AN EMPIRICAL ANALYSIS WITH EUROPEAN UNION COUNTRIES� DATA." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b23/s7.084.
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Karluk, S. Rıdvan. "EU Enlargement to the Balkans: Membership Perspective to the Balkan Countries." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01163.
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After the dispersion of the Soviet Union, the European Union embarked upon an intense relationship with the Central and Eastern European Countries. The transition into capital market and democratization of these countries had been supported by the Ministers of Foreign Affairs at the beginning of 1989 before the collapse of the Soviet Union System. The European Agreements were signed between the EU and Hungary, Poland, and Czechoslovakia on December 16th, 1991. 10 Central and Eastern Europe Countries became the members of the EU on May 1st, 2004. With the accession of Bulgaria and Romania into the EU on January 1st, 2007, the number of the EU member countries reached up to 27, and finally extending to 28 with the membership of Croatia to the EU on July 1st, 2013. Removing the Western Balkan States, Serbia, Montenegro, Albania, and Bosnia and Herzegovina from the scope of external relations, the EU included these countries in the enlargement process in 2005.The European Commission has determined 2014 enlargement policy priorities as dealing with the fundamentals on preferential basis. In this context, the developments in the Balkans will be closely monitored within the scope of a new approach giving priority to the superiority of law. The enlargement process of the EU towards the Balkans and whether or not the Western Balkan States will join the Union will be analyzed.
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Niftiyev, Ibrahim. "A comparison of institutional quality in the South Caucasus." In The European Union’s Contention in the Reshaping Global Economy. Szeged: Szegedi Tudományegyetem Gazdaságtudományi Kar, 2022. http://dx.doi.org/10.14232/eucrge.2022.9.
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Much has happened in the three countries of the South Caucasus-namely, Azerbaijan, Georgia, and Armenia-since the collapse of the Soviet Union. Political events, institutional reforms, and economic development have resulted in greater economic welfare in these countries after the painful transition period of the 1990s. However, it remains to be seen whether they have achieved any solid results or whether they still have much to accomplish. While the answer is ambiguous, each country has followed a different political, geopolitical, economic, and institutional path and achieved different economic outcomes despite their close geographical proximity to each other. This paper compares the available data on economic and institutional quality in Azerbaijan, Georgia, and Armenia to portray the overall situation in terms of changes in institutional patterns. Then, special attention is given to Azerbaijan, as the country is considered to be oil-rich and thus resource-dependent. A comparative perspective on institutional quality suggests that Georgia has been a leading country in terms of institutions and effective bureaucracy-building, despite having lower economic indicators compared to Azerbaijan. Moreover, while Armenia is positioned between Georgia and Azerbaijan in terms of institutional quality, its economic growth is similar to Georgia's. Lastly, institutional variables (e.g., control of corruption, rule of law, and government effectiveness, and human rights) in Azerbaijan are negatively correlated with oil-related variables. This result aligns with the natural resource curse and Dutch disease theories, which posit that oil boom periods in mineral-rich countries are associated with a deterioration in institutional quality, thereby leading to slower growth. Also, the results are important to build up analytical frameworks to address the Dutch disease or resource curse studies in the case of Azerbaijan in a comparative manner with oil-poor countries even if the scope is limited to the South Caucasian former Soviet Union countries.
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Silovs, Mihails, and Olga Dmitrijeva. "Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union." In 22nd International Scientific Conference. “Economic Science for Rural Development 2021”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2021. http://dx.doi.org/10.22616/esrd.2021.55.052.
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The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.
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Bublienė, Raimonda. "Internationalization and Multiple Discrimination: the Case of Employment Regulation." In Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.061.
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The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.
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Saule, Murat. "PROPRIETARY METHODS OF THE PROPRIETARY RIGHTS PROTECTION IN THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN AND COUNTRIES OF THE EUROPEAN UNION: COMPARATIVE LEGAL ANALYSIS." In 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.078.
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Karluk, S. Rıdvan. "Eurasian Customs Union and Turkey’s Membership." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01343.
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Leaders of Russia, Belarus, and Kazakhstan which are the countries of disintegrated Soviet Union signed an agreement in order to establish a Union named Eurasian Economic Union on the date of 29 May 2014. With this attempt Russia wants to protect its former penetration on former Soviet geography by providing economic integration. Positive messages upon the membership of Turkey to Eurasia Economic Union were given at Eurasia Economic Union meeting which was held in Ankara in January mid-2015 and hosted by Andrey Karlov, Ambassador of Russia. Nursultan Nazarbayev, who is the pioneer of this idea, has stressed that Turkey should be a member of the Community several times before now. The idea of Sergey Markov, who is the point man of Putin as “Turkey should enter Eurasia Union not European Union, it can gain strength in this way”, is void within the scope of international agreements which Turkey signed with European Union and of the rules of WTO. Erdoğan, Prime Minister of the relevant term said Putin that “Take Turkey into Shanghai Cooperation Organization and ease our difficulty”; in Russian- Turkey peak held on 23 November 2013 in St. Petersburg province of Russia. This explanation is not possible in terms of international law. Explanation of Zeybekçi, Minister of Economy as “Eurasia Customs Union is a must for Turkey. We have to be there” is not realistic. In our paper we will deal and explain why Turkey cannot enter Eurasia Customs Union and why an axial dislocation cannot occur in Turkey.