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1
Joppke, Christian. "Multiculturalism by Liberal Law." European Journal of Sociology 58, no. 1 (April 2017): 1–32. http://dx.doi.org/10.1017/s0003975617000017.
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AbstractThere has been much talk about the retreat or even death of multiculturalism. Much of this discussion confounds multiculturalism with explicit policy under that name. I argue in this paper that liberal law itself, in particular majority-constraining constitutional law, requires multiculturalism, understood as multiple ways of life that cannot and should not be contained by a state that is to be neutral about individuals’ ultimate values and commitments. The workings of legal multiculturalism are demonstrated through a comparison of benchmark jurisprudence on gays in America and Muslims in Europe. An interesting difference is that for Muslims, liberal law has also functioned as constraint, not only as resource, especially in the post-2001 period of heightened integration concerns.
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Barth, William. "Minority Rights, Multiculturalism and the Roma of Europe." Nordic Journal of International Law 76, no. 4 (2007): 363–406. http://dx.doi.org/10.1163/090273507x249200.
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AbstractIn this article, I review legal initiativaes to improve conditions for the Roma peoples who live in the states of Europe. The question is timely given the accession of Romania and Bulgaria to the European Union on 1 January 2007. Romania contains the largest concentration of the Roma population in Europe. My article uncovers a schism between political theory and international law on the question of minority rights. I distinguish how the conclusions of Will Kymlicka, one of the most prolific writers on the subject of multiculturalism in political theory, differ from the international jurisprudence that protects minority groups. In this essay, I analyse Kymlicka's claim that multicultural policies are contextually dependent, and an inappropriate subject for a common legal regime of international human rights treaties. To determine the implications of human rights jurisprudence for this normative claim, I also research court cases filed by the Roma under the European Framework Convention for the Protection of Minorities and the European Convention for the Protection of Human Rights and Fundamental Freedoms. I contrast the international treaties that protect minority groups from political theorist accounts of multiculturalism in three areas. First, my article discusses jurisdictional issues concerning whether the particular groups defined by minority rights, irrespective of their geographical location or contextual experience, are proper subjects for protection by a common rights regime. Next, I illustrate how cultural rights are distinguishable from traditional civil rights laws. Finally, I examine how the historic persecution of the Roma violates human rights standards that protect minorities. The Roma have a long and unique relationship with the European states, which serves to demonstrate whether or not a common regime of minority rights safeguards the cultural development of the Roma.
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Pardy, Maree, Juliet Rogers, and Nan Seuffert. "Perversion and Perpetration in Female Genital Mutilation Law: The Unmaking of Women as Bearers of Law." Social & Legal Studies 29, no. 2 (July 23, 2019): 273–93. http://dx.doi.org/10.1177/0964663919856681.
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Female genital cutting (FGC) or, more controversially, female genital mutilation, has motivated the implementation of legislation in many English-speaking countries, the product of emotive images and arguments that obscure the realities of the practices of FGC and the complexity of the role of the practitioner. In Australia, state and territory legislation was followed, in 2015, with a conviction in New South Wales highlighting the problem with laws that speak to fantasies of ‘mutilation’. This article analyses the positioning of Islamic women as victims of their culture, represented as performing their roles as vehicles for demonic possession, unable to authorize agency or law. Through a perverse framing of ‘mutilation’, and in the case through the interpretation of the term ‘mutilation’, practices of FGC as law performed by women are obscured, avoiding the challenge of a real multiculturalism that recognises lawful practices of migrant cultures in democratic countries.
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Szabó, Zsolt, and Herbert Küpper. "Legislation and Legislative Process in Eastern Europe." International Journal of Parliamentary Studies 1, no. 1 (April 26, 2021): 73–108. http://dx.doi.org/10.1163/26668912-bja10008.
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Abstract The study describes and systemises the constitutional requirements on legislation in Eastern Europe. The comparison reveals that the basic structures of the legislative process live up to the standards of the rule of law. The details, however, are quite frequently deficient or problematic. Laws requiring a qualified majority often cause structural problems, based on poor political culture, and the vague and contradictory regulatory framework. Other problems are a legacy of socialism, e.g. the instrumental perception of the law, or the immature separation of powers. However, the apparent homogeneity of the region and its structural problems that was typical of the socialist era, has given way to a stronger differentiation which often reflects differences that existed prior to the socialist dictatorship. This stronger differentiation concerns, i.a. the extent of executive law-making, the structure of parliament (mono- or bicameral), the majority requirement for the decisions in parliament, and the participation of the people in legislation. In the states that have joined the EU, the European criteria of the rule of law have had their effect, whereas the candidate states on the Wester Balkans are on the way of consolidating their legislative system. Further to the East, the rule of law becomes weaker and weaker.
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Efird, Jimmy. "Calls for Stricter Legislation and Fear in the European Immigrant Community: Reflections of the Public Charge Debate Ongoing in the United States Comment on "A Crisis of Humanitarianism: Refugees at the Gates of Europe"." International Journal of Health Policy and Management 9, no. 3 (November 2, 2019): 119–20. http://dx.doi.org/10.15171/ijhpm.2019.97.
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In the editorial, "A Crisis of Humanitarianism: Refugees at the Gates of Europe," Marianna Fotaki elegantly highlights the changing dynamics of governmental policy toward refugees, forced migrants into Europe and the move away from the principles of humanitarianism.1 The perceived threats to economy, security, and concerns of globalization and multiculturalism often are manifested as a "cry of wolf " about alleged health risks. This in effect has raised concerns of inadmissibility on health-related grounds and calls for stricter legislation for determining who is eligible for legal permanent residence, precipitated in part by the "public charge" debate occurring in the United States.2 As Marianna notes "anti-migration rhetoric is now a permanent fixture of European politics."
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Hammer, Yoav. "Multiculturalism and the Mass Media." Law & Ethics of Human Rights 1, no. 1 (January 1, 2007): 169–212. http://dx.doi.org/10.2202/1938-2545.1005.
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In light of the importance of culture for the autonomy, sense of identity, and self-respect of individuals, cultural minorities have a right that their cultures flourish. Since cultural minorities are frequently in a disadvantaged position in the cultural market-place, a commitment to equality implies that the state ought to take steps to assist these minorities in preserving their cultures. This Article examines the ways the mass media can assist cultural minorities in preserving their cultures. For instance, when the media present contents that relate to the cultures of minorities, individual members of the minority group are exposed to their culture; media designated for cultural groups facilitate dialogue between group members, thus enabling the cultural group to determine which parts of its culture to retain and which parts to change. With that said, contemporary media frequently provide insufficient cultural contents due to the influence of commercial operational logic. This Article examines why the motivation for profit leads to under-production of cultural materials for minorities and to insufficient inclusion of cultural minorities in the public discourse. It is argued that the inequality caused by the mediawhich provide minorities with too little of the cultural contents so pertinent to the realization of their right to culturemerits corrective intervention. The Article examines possible forms of State intervention with the media on behalf of cultural minorities, taking into consideration that such intervention is a sensitive issue, since it has ramifications concerning the scope of the freedom of the press. Accordingly, it is argued that the State ought to be permitted to create legislation which intervenes, mainly by means of subsidies and structural regulation, to improve the manner in which the media fulfill their roles in a multicultural democracy. In contrast, there should be sparse use of conditionality in the issue of licenses for media operators.
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Rubinstein, Amnon. "The Decline, but not Demise, of Multiculturalism." Israel Law Review 40, no. 3 (2007): 763–810. http://dx.doi.org/10.1017/s0021223700013558.
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This article discusses the decline of the multicultural doctrine that has governed Western political philosophy and practice in the last part of the 20thcentury. This decline is felt in the USA as well as in EU countries and manifests itself in new cultural restrictions on immigration policy, in stricter loyalty tests for immigrants who seek naturalization and in statutes regulating behavior in public places (such as the anti-veil acts in Europe) and proscribing deviant acts based on religious tradition (such as the American law criminalizing female genital circumcision). This decline is also accompanied by rethinking the theoretical foundations of the multicultural approach. This rethinking was accelerated by the onset of the Islamist—as distinct from Moslem—crisis, but started before the 9/11 events.The article surveys the state of multiculturalism in a number of Western countries and pays special attention to the cases of the USA, Britain, France, and the Netherlands. The case of Israel is discussed separately because of its unique features as a society plagued by a national conflict. In all these countries the principal issue is how to tolerate intolerant communities, how to treat religious communities whose tenets clash with the democratic and liberal values of the host country and how to balance the rights of the individual against the rights of the cultural group to which that individual belongs.The author challenges the notion that all cultures are entitled to equal treatment and excludes from this ambit cultures that clash with the values of democracy and human rights. The author denies the notion that consent of the sufferer validates such cultural practices and demonstrates this by referring to the former Hindu practice of Seti—burning a widow alive, with her consent. Such consent is irrevocable and is always subject that it was given under social and cultural duress.The main brunt of this article is that the norms of democracy, equality, and human rights are not a culture in the ordinary sense of the word, as they are distinct from all traditional cultures and are the result of an intellectual construct founded upon the autonomy of the individual and on a rejection of traditional culture. This is the reason why these liberal norms should supersede any custom, even when based on cultural tradition, when there is a clash between the two. When there is no such clash, a compromise solution ought to be reached resorting to traditional judicial means of balancing contradictory values.
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Flower, Joanna. "Negotiating European Legislation: The Services Directive." Cambridge Yearbook of European Legal Studies 9 (2007): 217–38. http://dx.doi.org/10.1017/s1528887000002809.
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The directive on Services in the Internal Market is one of the most controversial and disputed pieces of European legislation in recent years. Known in its infancy as the ‘Bolkestein’ Directive after Frits Bolkestein, the Internal Market Commissioner who first put forward the proposal on behalf of the Commission, and later in the run up to its adoption as the ‘Frankenstein’ Directive, it sparked mass protests across Europe and was even suggested by some as being the real reason why France voted against the draft Constitutional Treaty in 2005.
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Gallego, Gorka. "Waste Legislation in the European Union." European Energy and Environmental Law Review 10, Issue 12 (December 1, 2001): 342–50. http://dx.doi.org/10.54648/394999.
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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This first of the articles includes an overview of environmental policy and the law, and the definition of waste.
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Prugberger, Tamás, and Róbert Román. "Labour Law Protection of Executive Employees in Hungary and Western Europe." European Integration Studies 17, no. 2 (2021): 83–91. http://dx.doi.org/10.46941/2021.e2.83-91.
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This article examines a specific chapter of the Hungarian Labour Code, the regulation on executive employees. The study is comparative in nature and aims to reveal the difference between the old and the new legislation. It compares changes in past and current legislation and presents the solutions used in Western European labour law to achieve the most optimal regulation of the executive status. The study also looks at what solutions, should be adopted in the field of management regulation and what would be the tasks of the legislation that would bring about the updating of labour law provisions. Such a problem does not arise in the Western European legal literature, as in countries following the unique works council system this is prevented by the legal disclosure of the hierarchical chain of executive employees, and in dual systems the dual composition of works councils, where one side is occupied by members elected by subordinate employees from among their own circle, while the other side is provided by the upper level of executive employees by delegation from the employer.
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McGlynn, Clare. "EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?" Cambridge Yearbook of European Legal Studies 3 (2000): 279–99. http://dx.doi.org/10.1017/s1528887000003815.
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In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and ethnicity. While Article 13 was greeted with much acclaim, doubts were expressed as to whether or not binding measures would be forthcoming. As it has turned out, such pessimism was unwarranted and the Community has now adopted measures aimed at eliminating discrimination on all the grounds specified in Article 13. The adoption of these directives is, therefore, a highly significant expansion of the Community’s competence and ensures the continued development of the Community beyond its original purely economic focus.
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Thio, Li-ann. "Rule of Law, Religious Liberty, and Harmony." Journal of Law, Religion and State 5, no. 3 (November 22, 2017): 254–91. http://dx.doi.org/10.1163/22124810-00503004.
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This article examines the state of regulation of religion within Singapore, which is the world’s most religiously diverse country. It considers how fundamental principles of the rule of law, religious liberty and legal pluralism operate within the constitutional order predicated on communitarianism and accommodative secularism. While the rule of law seeks to vindicate a range of values which requires sameness and satisfies claims for inclusion, limits to it through exemptions and accommodative measures that multiculturalism and pluralism may prescribe can protect differences and satisfy claims to be left alone, outside the sphere of state govenance. Drawing from Singapore case law, legislation and executive policy, it interrogates the question of whether a policy of multicultural and legal pluralism protective of religious freedom can be reconciled with the rule of law, which in this context is closely associated with the quasi constitutional objective of preserving racial and religious harmony.
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Veinan, Marcus. "Conversion Therapy and its Compatibility with European Human Rights Law." Zeitschrift für europarechtliche Studien 25, no. 1 (2022): 141–70. http://dx.doi.org/10.5771/1435-439x-2022-1-141.
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Conversion therapy, which refers to a set of practices that aim to change or suppress the sexual orientation or gender identity of LGBTI people, causes harm to young European citizens. Notwithstanding, only three of 44 sovereign states in Europe have banned the practices. Moreover, the European organisations - the Council of Europe and European Union - have not taken sufficient action, although they have certain competences to adopt legislation in the field of LGBTI rights. In the absence of explicit legislation on conversion therapy, the article principally examines conversion therapy under European human rights law. More specifically, the article seeks to answer whether conversion therapy violates the individual rights of recipients and if individual rights grant providers a right to perform the practices under European human rights law. By extension, the article scrutinises whether a domestic ban on conversion therapy in European states can be justified considering the interests of states and providers. Finally, the article encompasses a normative assessment on the future regulation of conversion therapy in Europe.
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Lubbe-Wolff, G. "Efficient environmental legislation - on different philosophies of pollution control in Europe." Journal of Environmental Law 13, no. 1 (January 1, 2001): 79–87. http://dx.doi.org/10.1093/jel/13.1.79.
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Gallego, Gorka. "Waste Legislation in the European Union." European Energy and Environmental Law Review 11, Issue 1 (January 1, 2002): 8–15. http://dx.doi.org/10.54648/404904.
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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This second of the articles includes an examination of the transport of waste and liability for environmental damage together with some concluding observations.
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Piers, Maud. "Consumer Arbitration and European Private Law: A Seminal Consumer Arbitration Model Law for Europe." European Review of Private Law 21, Issue 1 (January 1, 2013): 247–88. http://dx.doi.org/10.54648/erpl2013008.
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Abstract: This article explores the way in which consumers could best resolve their disputes through arbitration. It focuses on arbitration and looks at how this works - or should work - within the legislative framework of the European Union. The essence of the consumer arbitration problem in Europe is that the existing arbitration laws (sensu latu) are aimed at regulating disputes between businesses. Consumer arbitration is generally not subject to a distinct set of rules. Most European Member States tend to ignore such distinctions in their legislation. Some have adopted specific rules regarding the consumer arbitration agreement. Oftentimes the same laws apply to both types of arbitration procedures. Consumer arbitration, however, serves a different purpose and has a different dynamic than business-to-business arbitration. This article departs from the basic assumption that also with regard to arbitration, rules that are tailored to the needs of Business-to- Business (828) relationships may not necessarily produce satisfactory results for the parties in a consumer arbitration. The aim of the proposed research is to draft a set of legal rules that delineates a workable and legitimate consumer arbitration in Europe that is sufficiently attuned to the standards of consumer protection required by the European Union legislation.
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Pinet, Geneviève. "The WHO European Program of Health Legislation and the Health for All Policy." American Journal of Law & Medicine 12, no. 3-4 (1986): 441–60. http://dx.doi.org/10.1017/s009885880000976x.
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AbstractThe purpose of this paper is to provide a comprehensive review of the work of the World Health Organization (WHO), begun a decade ago in Europe, in the field of health legislation. This program is the result of the interaction between two important factors: the trends in national health policy and legislation at the country level, and the implementation of the Health for All policy, which has been collectively adopted by the European Member States in various WHO fora.Health legislation has proved to be a valuable tool in supporting National Health Policies in European countries and a key element in international health activities. The paper will be presented in three main parts. The first examines the legislative implications of the Health for All policy and strategy. The second gives an overview of developments in health legislation in Europe, focusing on national achievements in three areas in which change is necessary to achieve Health for All: health care systems, the environment, and lifestyles. The third part gives an account of activities carried out by the Regional Office for Europe of WHO in the health legislation field, recalls the organization of the first WHO medium-term program in this field, and summarizes its four current subprograms on health policy, health situation, exchange of information, and training. The conclusion briefly outlines the prospects for further developments in Europe.
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Wright, Jessica, Sjef Gevers, Corrette Ploem, and Marcin Śliwka. "Regulating Tissue Research: Do We Need Additional Rules to Protect Research Participants?" European Journal of Health Law 17, no. 5 (2010): 455–69. http://dx.doi.org/10.1163/157180910x525295.
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AbstractThis article explores whether additional rules are needed for the regulation of tissue research in Europe. A human rights-based approach (referring to international documents and illustrative examples from national legislation) is taken to address the question: what is so special about tissue, in particular when compared to personal data? The existing regimes in Europe on data protection and clinical trials are presented and examined for their suitability to govern tissue research, taking into account the differences between data and tissue. Six recommendations are outlined, highlighting important points future legislation on tissue research must take into account.
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Choi, Chong Ju. "Product Origin and Anti-Dumping: Europe versus Japan and Korea." Journal of Interdisciplinary Economics 4, no. 4 (July 1992): 331–39. http://dx.doi.org/10.1177/02601079x9200400404.
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The purpose of this paper is to analyze from a law and economics perspective, two issues that have become increasingly prominent in Europe and East Asian relations. The first is that of product origin, and includes the issue of Japanese automobile “transplants” in Europe. The second is that of the European Community’s recent new legislation on “unfair” trading practices in services, which can also be seen as a type of anti-dumping policy towards services; a Korean company has been the first to suffer from this new legislation. In our paper, we focus on these two cases, one Japanese, and the other Korean, to better analyze the law and economics of future Europe-East Asian relations.
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Dąbrowska, Anna. "Influence of the Law of the Council of Europe on Substantive Administrative Law in Poland. Selected Issues." Studia Iuridica Lublinensia 29, no. 1 (March 29, 2020): 67. http://dx.doi.org/10.17951/sil.2020.29.1.67-83.
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<p>Legislative powers of the Council of Europe have a crucial impact on the domestic legal systems of the EU Member States including substantive administrative law, i.e. such an area of administrative law which defines rights and responsibilities of the public administration bodies and citizens. The legislation created by the Council of Europe’s bodies has a great impact on the areas of law which were earlier regarded as the exclusive responsibility of a given country. The Council of Europe has always been a major source of standard setting. This paper analyses selected areas of substantive administrative law taking into account hard law and soft law documents developed under the auspices of the Council of Europe.</p>
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Schnebel, Karin B. "Examination of multiculturalism in Europe (in the debate of the Basques) shown at Taylors “Politics of Recognition”." Archiv für Rechts- und Sozialphilosophie 98, no. 3 (2012): 360–76. http://dx.doi.org/10.25162/arsp-2012-0027.
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Zielińska, Eleonora. "Recent trends in abortion legislation in Eastern Europe, with particular reference to Poland." Criminal Law Forum 4, no. 1 (February 1993): 47–93. http://dx.doi.org/10.1007/bf01096024.
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Jendrośka, Jerzy. "Roots of Modern Environmental Law in Europe." Journal for European Environmental & Planning Law 18, no. 3 (July 26, 2021): 201–24. http://dx.doi.org/10.1163/18760104-18030004.
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Abstract The article provides a concise overview of the origins of modern environmental law in Europe based on general historical studies or the legal studies dealing with the history of environmental law in particular European regions or countries. It presents historical development of the two fundamental branches of environmental law, namely nature conservation and pollution control, first at the medieval times and then as a consequence of Industrial Revolution. The article presents the legal instruments and concepts invented in the past in the light of the instruments and concepts used in the current European legislation. In this context it attempts to show that some of the contemporary concepts and many of currently used legal instruments of environmental policy are not the modern invention and have the roots in some older concepts and instruments invented already long time ago in some national legislations in Europe. In conclusion the article claims that while the global challenges brought about by the climate change require politicians to seek a new, more comprehensive, approach to environmental policy and law – some lessons learned from the past experience may be useful.
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Pantazi, Tania. "Airline Bankruptcy and Consumer Protection in the European Union." Air and Space Law 35, Issue 6 (November 1, 2010): 409–21. http://dx.doi.org/10.54648/aila2010045.
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Airline bankruptcy is a common phenomenon in Europe, especially in the last decade. A sudden interruption of operations is often the result of air carrier’s financial problems or the revoking of its operating license. The liberalization of air transport industry in Europe, along with other factors, has contributed to the increase in the number of airline bankruptcies. Consumers facing airline bankruptcies, however, are not always protected, as there are cases in which passengers were stranded abroad or not compensated because of lack of assets. The existing legal framework of the European Community does not contain any specialized provision, although there is Community legislation on the monitoring of airline finances, travellers’ rights, and insolvency proceedings. This article examines the relevant legal instruments and discusses potential amendments to legislation, such as mandatory insurance or the creation of compensation funds, in order to provide consumers with effective protection against airline insolvency.
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Houben, Iris. "Public Service Obligations: Moral Counterbalance of Technical Liberalization Legislation?" European Review of Private Law 16, Issue 1 (February 1, 2008): 7–27. http://dx.doi.org/10.54648/erpl2008002.
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Abstract: Public service obligations have in first instance been developed as a side effect of the liberalization process which is going on within various, formerly mostly monopolistic, sectors in the EU. One may think of the energy sector, the telecommunication sector and the postal sector. The concept of the public service obligations has strongly gained influence in Europe as a reaction to, and in conjunction with, the technical liberalization legislation. This development is about searching for a balance between considerations based on market principles and considerations which have more to do with cohesion and social solidarity. Zusammenfassung: Öffentliche Dienstverpflichtungen haben sich zunächst als Nebeneffekt des Liberalisierungsprozesses, der sich innerhalb verschiedener, ehemals oft monopolistischer Sektoren in der EU abspielt, entwickelt. Als Beispiel lassen sich der Energiesektor, der Telekommunikationssektor und der Postsektor nennen. Europäische Richtlinien zwingen zur Liberalisierung dieser ehemals monopolistischen Märkte. Als Reaktion darauf und im Zusammenhang mit dieser technischen Liberalisierungsgesetzgebung hat das Modell der öffentlichen Dienstverpflichtung in Europa stark an Einfluss gewonnen. Bei dieser Entwicklung handelt es sich um die Suche nach einem Gleichgewicht zwischen marktbezogenen Überlegungen und Überlegungen, die sich eher auf Kohäsion und soziale Solidarität richten. Résumé: Les services de service public ont été élaborés pour faire contrepoids au processus de libéralisation qui a lieu dans différents secteurs, surtout de nature monopolistiques, de l’Union Européenne. L’ont peut penser au secteur de l’énergie, le secteur de la télécommunication et le secteur postal. Le concept d’obligations de service public constitue une réaction importante, en Europe, à la legislation de libéralisation technique. Ce développement constitue une recherché d’équilibre entre considerations basées sur les principes du marché et considerations qui concernent la cohesion et la solidarité sociale.
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Silbermann, Eva L., and Riidiger Rubel. "Road Planning in Europe - a Case Study (Part I)." Journal for European Environmental & Planning Law 3, no. 6 (2006): 519–34. http://dx.doi.org/10.1163/187601006x00164.
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AbstractThe free movement of goods, persons and services — at once the base line and the guiding principle of our united Europe — would be unthinkable without an effective network of transport routes. The planning of a road is much more than simply a technical exercise. It incorporates political, economic, legal and ecological aspects and is increasingly influenced by European environmental legislation. As a result planning law is a highly complex subject in all the Member States of the European Union. For these reasons the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union has recently compiled a general report on national planning procedures in the EU. Particular emphasis was placed on the administrative and judicial process, the forms and evaluation of public involvement and the implementation of European environmental legislation such as the Habitats- and Birds-Directives' as well as the Directives on Ambient Air'. The report shows that the influence of Community law has led to a certain harmonisation in the decision-making process and increased the environmental awareness of the parties involved. Furthermore it provides an interesting insight in the different methods of acceleration and facilitation which have been tested by the Member States since the time-consuming nature of planning procedures is a major problem in all legal orders.
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Topidi, Kyriaki. "Religious Pluralism and State- Centric Legal Spaces in Europe." European Yearbook of Minority Issues Online 18, no. 1 (June 1, 2021): 33–54. http://dx.doi.org/10.1163/22116117_01801003.
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Multiculturalism is continuously and relentlessly put to the test in the so- called West. The question as to whether religious or custom- based legal orders can or should be tolerated by liberal and democratic states is, however, by no means a new challenge. The present article uses as its starting point the case of religious legal pluralism in Greece, as exposed in recent European Court of Human Rights (ECtHR) case- law, in an attempt to explore the gaps and implications in the officially limited use of sharia in Western legal systems. More specifically, the discussion is linked to the findings of the ECtHR on the occasion of the recent Molla Sali v. Greece case to highlight and question how sharia has been evolving in the European legal landscape.
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van Schoubroeck, Caroline. "Traffic Accident Compensation in Belgium: An Example for Europe?" Maastricht Journal of European and Comparative Law 10, no. 2 (June 2003): 199–213. http://dx.doi.org/10.1177/1023263x0301000205.
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On June 10, 2002 the European Commission adopted a proposal for a new Motor Insurance Directive. One of the goals of this proposal is to ensure that pedestrians and cyclists are covered by the compulsory insurance of the vehicle involved in the accident. Examples of legislation which has already sought to do so includes the French law (Loi Badinter in France) and Swedish law. It may be less well-known that Article 29bis of the Belgian Act of 21 November 1989 on the insurance against civil liability regarding the use of motor vehicles is another example of national legislation providing such coverage, not only of pedestrians and cyclists but also of motor vehicle passengers themselves. Belgian law provides a specific compensation for bodily injury and death incurred by every victim of a traffic accident involving a motor vehicle, with the exception of the driver. This is so regardless of whether the driver or the victim is at fault or not. This paper gives a brief overview of the key features of this compensation regime and its subsequent statutory changes and places it within the context of the case law.
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Spencer, John R. "People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK." Cambridge Yearbook of European Legal Studies 11 (2009): 189–210. http://dx.doi.org/10.1017/s1528887000001580.
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Abstract This chapter examines the efforts in Europe and and the UK to deal with the problem of people-trafficking. As readers will see, it is in five Sections. The first sets the scene by explaining what ‘people-trafficking’ is, and outlining the history of international attempts to repress it and to relieve its human consequences. The second describes the recent legislative attempts to deal with it in Europe, and in particular, the EU Framework Decision of 2002. The third examines the UK legislation enacted with the aim—not entirely accurate, as we shall see—of implementing it. The fourth looks at the way the UK legislation is working. And the final section concludes with two general reflections. It is based on a study carried out in 2007 for ECLAN, the European Criminal Law Academic Network. Any reader who reaches the end with a thirst for further knowledge will find further refreshment in the book that resulted from the ECLAN study, which was published earlier this year.
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Driessen, Bart. "Fundamental Animal Rights in European Law." European Public Law 23, Issue 3 (August 1, 2017): 547–85. http://dx.doi.org/10.54648/euro2017032.
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Law is fundamentally anthropocentric. However, the philosophical and scientific assumptions underpinning this assume that animals lack any capacity for moral choices, identity or even sentience. In Europe there is a considerable body of animal welfare law, but the current standards of animal welfare legislation do not bridge the gap between those assumptions and scientific reality. This article explores the philosophical concepts underlying the status of animals in law in Europe and the United States and compares them to current biological science. The conclusion is drawn that there is a discrepancy between the assumptions underlying legal systems and recent biological findings. The article suggests that a modern legal approach to the relationship between man and sentient animals should depart from the idea that animals have certain fundamental rights. It then proposes an approach to fundamental rights for animals in Europe and argues why such an approach has to be treaty based.
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Kallweit, Dominik. "Towards a European Contract Law." Victoria University of Wellington Law Review 35, no. 2 (August 1, 2004): 269. http://dx.doi.org/10.26686/vuwlr.v35i2.5643.
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This article strongly supports the drafting and adoption of a uniform European contract code. The article discusses the ways in which the current legal diversity hampers international trade. This will take many years to implement, so in the interim, the author suggests that existing European Communities (EC) legislation should be reviewed, improved and clarified to remedy inconsistencies in European contract law. The author also argues that international private law in Europe should be further harmonised and European jurisdiction expanded.
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Rubel, Riidiger, and Eva I. Silbermann. "Road Planning in Europe - a Case Study (Part II)." Journal for European Environmental & Planning Law 4, no. 1 (2007): 17–22. http://dx.doi.org/10.1163/187601007x00370.
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AbstractThe following text contains the third and last section of the general report on national road planning procedures in the EU which originally was compiled as discussion paper for the 20th colloquium of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union.1 The first two sections examined the different administrative and judicial procedures applicable to road planning in the EU Member States. The following last section deals with the influence of EU environmental legislation (Fauna-Flora-Habitat, Bird Protection, Environmental Impact Assessment and Ambient Air Directives) on national planning decisions.
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Yamelska, H. Yu. "The legal nature of soft law acts of the Council of Europe." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 397–402. http://dx.doi.org/10.24144/2307-3322.2021.64.73.
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The article examines the effectiveness of soft law as a regulator of legal relations between the member states of the Council of Europe. Existing approaches to the definition of soft law are analyzed.Author proposes to separate from the traditional conception of international law as a system of universally binding norms developed by states, taking into account postmodern trends in the transformation of national legal systems. Soft law is recognized as a real form of modern international law that has legal consequences. The article appoints the sources that make up the soft law within the legal system of the Council of Europe.The influence of soft law acts of the Council of Europe bodies on the legislation of Ukraine is investigated. Pros-pects for the development of soft law in the research area are determined.The role of “soft law” acts is presented on the example of the acts of the Venice Commission (European Com-mission for Strengthening Democracy through Law) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which are specialized agencies of the Council of Europe.Examples of the impact of soft law acts of the Council of Europe on the national legal systems of the partici-pating countries are analyzed. Their axiological influence on the democratization of national legal systems and the formation of human-centered legal ideology in Europe has been determined. The article determines the orientation of the parliaments and governments of the member states of the Council of Europe on the acts of soft law of its bodies in the legislation. The place of soft law acts of the bodies of the Council of Europe in the system of sources of international and national law is considered through the prism of the sociological school of law.
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Kern, Katharina. "New Standards for the Chemical Quality of Water in Europe under the New Directive 2013/39/EU." Journal for European Environmental & Planning Law 11, no. 1 (2014): 31–48. http://dx.doi.org/10.1163/18760104-01101002.
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Directive 2013/39/EU amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy was adopted on 12 August 2013. It revises crucial rules on determining the chemical quality of surface water in Europe (e.g. identification of new harmful substances, updating of environmental quality standards, introduction of a new “watch list” mechanism) and establishes new standards for the protection of water in Europe. This paper explores the legal and factual background to the new legislation on protecting water quality in Europe and takes a critical look at its most important provisions.
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Anaboli, Panayota. "Customs Violations and Penalties in Europe: Harmonization on the Horizon?" Global Trade and Customs Journal 5, Issue 9 (September 1, 2010): 389–93. http://dx.doi.org/10.54648/gtcj2010046.
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Customs legislation is made exclusively at the EU level, while its enforcement is exclusively a function of the Member States. Despite differences in law enforcement structures, all EU Member States have the same responsibility to enforce EU legislation. Differences may therefore arise in the treatment of customs offences and their penalties at the Member State level, which may generate extra costs for companies operating in more than one Member State. In addition, it is not only the risk of financial loss, but there is also the risk that of a loss of good standing with customs (such as status as Authorized Economic Operator (AEO), for example), resulting in imports being subject to closer scrutiny and a correspondingly slower clearance process, thus increasing the cost of doing business. At the same time, Member States are seeing less revenue from imports as a result of the downturn and may seek other ways to generate new revenue. Hence, enforcement authorities may focus on finding noncompliance with customs regulations and assess additional duties and taxes. In both cases, compliance issues are growing more important than ever. It is therefore appropriate to consider recent developments such as the modernization of customs legislation, the introduction of electronic customs, and the Lisbon Treaty to address the need to harmonize customs penalties regimes. This requires an analysis of the question of customs penalties, briefly referring to previous attempts of harmonization, taking into account the new institutional and legislative context, and finally reflecting on possibilities for action under the Lisbon Treaty to achieve the approximation of the European customs penalties regime.
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Yousef, Katul. "Unique Hungarian way of cross-cultural management Through an example of a multinational company in the oil and gas industry." Journal of East European Management Studies 25, no. 3 (2020): 448–68. http://dx.doi.org/10.5771/0949-6181-2020-3-448.
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Multiculturalism is a new phenomenon in Central-East European countries and has a different meaning than in Western Europe. There are many historical and cultural differences within Europe, as the Eastern countries cannot duplicate the West regarding cross-cultural management, and so they have to make their own tailor-made strategy. The countries that later joined the EU have their own unique position in business in accordance with the Muslim countries. One of the biggest multinational company in Central-East Europe is able to make an entrance into the overruled oil industry successfully. Content analyses of the company published documents, websites are summarized in this current paper in order to highlight the uniqueness of their CCM.
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Tubić, Bojan. "International and European Norms on the Rule of Law from the Perspective of the Republic of Serbia." Central European Journal of Comparative Law 2, no. 1 (May 14, 2021): 229–44. http://dx.doi.org/10.47078/2021.1.229-244.
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This paper examines international and European norms concerning the principle of the rule of law and its implications for the Republic of Serbia’s legal order. There is no universally accepted definition of the rule of law, but some common elements can be found in international legislative acts and jurisprudence. The European Union and Council of Europe have substantial legislation on this issue; with their courts’ jurisprudence, they have a significant influence on their Member States’ comprehension of the rule of law principle. The Republic of Serbia has embraced the principle in its Constitution and developed it in its legislation. It will also accept and include European interpretations of the rule of law in its legislation and judicial and administrative practice by joining the European Union.
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Rivers, Julian. "The Secularisation of the British Constitution." Ecclesiastical Law Journal 14, no. 3 (August 22, 2012): 371–99. http://dx.doi.org/10.1017/s0956618x12000361.
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In recent years, the relationship between law and religion has been subject to increased scholarly interest. In part this is the result of new laws protecting religious liberty and non-discrimination, and it may be that overall levels of litigation have increased as well. In all this activity, there are signs that the relationship between law and religion is changing. While unable to address every matter of detail, this article seeks to identify the underlying themes and trends. It starts by suggesting that the constitutional settlement achieved by the end of the nineteenth century has often been overlooked, religion only appearing in the guise of inadequately theorised commitments to individual liberty and equality. The article then considers the role of multiculturalism in promoting recent legal changes. However, the new commitment to multiculturalism cannot explain a number of features of the law: the minimal impact of the Human Rights Act 1998, the uncertain effect of equality legislation, an apparent rise in litigation in established areas of law and religion, and some striking cases in which acts have been found to be unlawful in surprising ways. In contrast, the article proposes a new secularisation thesis. The law is coming to treat religions as merely recreational and trivial. This has the effect of reducing the significance of religion as a matter of conscience, as legal system and as a context for public service. As a way of managing the ever-deepening forms of religious diversity present within the United Kingdom, such a secularisation strategy is implausible.1
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Leleu, Yves-Henri. "Nécessité et Moyens d'une Harmonisation des Règles de Transmission Successorale en Europe." European Review of Private Law 6, Issue 2 (June 1, 1998): 159–93. http://dx.doi.org/10.54648/202940.
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The rules of succession have as their purpose the transfer of the ownership of the goods of the deceased to his successors and the determination of their obligations in relation to the payment of his debts. Closely linked with the law of property, this area of law has numerous national peculiarities which make it more difficult to settle matters of succession in cases with connections to several jurisdictions. Harmonisation at the European level is therefore desirable. The author describes the principle approaches to succession applied in the Member States to the European Union, in accordance with a bipartite division of the material - concerning respectively succession to the assets and to the debts of the deceased. He then sets out a theoretical model of an ideal regulation of succession, which would satisfy all the competing interests. This model could form the basis of a regulation of the matter common to all Member States. The choice of the method of harmonisation depends on its suitability to the law of succession. Among the methods available (substantive community law, case law of the European courts, spontaneous convergence of domestic legislation, multilateral treaties), a treaty creating a uniform law appears to be the best way forward. The states which conclude a treaty of this kind undertake to replace their former legislation with uniform rules, without allowing any reservations. Community law provides a legal framework favouring the conclusion of a treaty of this kind (Article 220, Treaty of Rome) and the American example of the Uniform Probate Code confirms that a project of this kind would have a good chance of success.
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Möllers, Thomas M. J. "European Directives on Civil Law The German Approach: Towards the Re-codification and New Foundation of Civil Law Principles." European Review of Private Law 10, Issue 6 (December 1, 2002): 777–98. http://dx.doi.org/10.54648/5114789.
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The harmonisation of law by means of directives is increasingly assuming the role of creating a common market in Europe, principally by means of civil and business law. This paper will briefly trace this legislation. In addition, the Reformed German Law of Obligations Act of 2002 (Schuldrechtsmodernisierungsgesetz) is to be examined, which reintegrates private law statutes into the German Civil Code. Numerous conventional civil law principles will have to be rationalised anew.
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Fluss, Sev S. "The Development of National Health Legislation in Europe: The Contribution of International Organizations." European Journal of Health Law 2, no. 3 (1995): 193–237. http://dx.doi.org/10.1163/157180995x00401.
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Basedow, Jürgen. "The renascence of uniform law: European contract law and its components." Legal Studies 18, no. 2 (June 1998): 121–45. http://dx.doi.org/10.1111/j.1748-121x.1998.tb00008.x.
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The general theme of this conference - legal change and legal scholarship across Europe - reflects a growing interest of British academic lawyers in the increasing European dimension of law. Indeed, the new dynamics of the unification movement is one of the most salient features of the legal development of the recent past. It has many aspects, including EC legislation and the drafting of restatements and of general principles of law, which I will shed some light upon in the first part of my paper. I will then venture an explanation for the renascence and the new appeal of the unification movement (section II) before turning to a more specific discussion of the hamonisation of private law in Europe (section III), the significance of general principles of law for its unification (section IV), and the restatements of contract law and their role in the process of integration (section V). For the sake of clarity, I should like to premise that harmonisation and unification, although technically having different meanings, will be used interchangeably here.
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Jones, Clifford A. "Private Antitrust Enforcement in Europe: A Policy Analysis and Reality Check." World Competition 27, Issue 1 (March 1, 2004): 13–24. http://dx.doi.org/10.54648/woco2004003.
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The right of individuals who have suffered loss from infringements of competition rules to bring private damages claims, long a mainstay of antitrust enforcement in the United States, is increasing in viability in the European Union as a result of judgments of the European Court of Justice, new legislation such as Regulation 1/2003, and numerous policy statements by the Commission and the European Parliament. Further remedies legislation may be forthcoming at EU or Member State level. However, some feel that private antitrust cases are undesirable from an economic and policy perspective and should be discouraged even as supplemental enforcement. This article argues that private enforcement has great value as a supplement to public enforcement and as the primary means of compensating victims of infringements whose interests are to be protected by national courts. Academic arguments against private enforcement based on misapplication of economic theory do not justify elimination or discouragement of private actions. The theoretical economic arguments presented in favour of such elimination or discouragement are weak, insufficient, and lack an observable basis in the real world.
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Vegter, J. B., and J. F. Dolan. "A Voluntary Filing System for Secured Financing Transactions in the European Union." European Review of Private Law 6, Issue 2 (June 1, 1998): 195–224. http://dx.doi.org/10.54648/202943.
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In this article the authors urge the adoption of a personal property security regime that rests on a system of voluntary submission by debtors to a filing system. Under the system, debtors seeking to secure borrowing with their personal property announce their election of the harmonized system in order to facilitate cross border asset based financing. The authors argue that the diverse nature of property law in Europe makes it impossible to adopt a required regime of a personal property law fully integrated into the property regimes of Member States. They propose as an alternative, the voluntary system, which would be supported by European Union legislation, but that legislation would not supersede municipal law and would apply only if borrowers elect to make themselves subject to it.
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Smernytskyi, Demian, Kostiantyn Zaichko, Yurii Zhvanko, Malvina Bakal, and Tetiana Shapochka. "Comparative analysis of the legislative support for law enforcement agencies in the post-soviet space and Europe." Cuestiones Políticas 39, no. 70 (October 10, 2021): 524–47. http://dx.doi.org/10.46398/cuestpol.3970.31.
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The aim of the study was to determine the most effective model for regulating law enforcement in Europe and the post-Soviet space, as well as to formulate recommendations for the unification and standardization of legislation in this area. The empirical background was statistics on crime rates, premeditated murders by country; provisions of legislation governing the law enforcement activities of 13 countries and international regulations. Methods of system approach, descriptive statistics, descriptive analysis, generalization and prognosis, system selection, comparative method was used. The activities of law enforcement agencies are aimed at ensuring public order, national security and the protection of human rights, freedoms, and interests. Each state has its own law enforcement system, which is clearly regulated. The main indicator of the effectiveness of law enforcement is the crime rate and the level of security in the country. It is concluded that the most effective is the law enforcement model with its fundamental principles of decentralization of law enforcement agencies.
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Kashirkina, Anna A., and Andrey N. Morozov. "Expert examination of electoral legislation in the conclusions of the Venice Commission." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 1109–27. http://dx.doi.org/10.21638/spbu14.2021.419.
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The article is devoted to the theoretical and practical approaches of the European Commission for Democracy through Law (the Venice Commission) to the assessment of electoral processes and elections in states. Since the Venice Commission is a subsidiary body of the Council of Europe, special attention is paid to the observance of Council of Europe standards in the field of human and civil rights in regard to elections. Through an empirical analysis of various documents of the Venice Commission (conclusions, recommendations, codes of practice, etc.), a conclusion is drawn about the existential approach of this body to assessing the electoral legislation of states. This approach is based on a wide array of sources perceived by experts of the Venice Commission, which, in addition to state legislation and official comments, may also include reports from the media, the Internet, the personal worldview of the expert and comments from other persons familiar with the situation. Based on this broad range of sources, the Venice Commission also objectifies its assessments into different acts, which may have a variety of names, but have the force of recommendations for states. Thus, the conclusions of the Venice Commission are acts of soft law and can be perceived by national legal systems using various channels of implementation. The analysis of the documents of the Venice Commission on elections and electoral processes shows that in the orbit of expertise of this body are such issues as: prevention of abuse of power and administrative resources of power in the organization and holding of elections; prevention of discrimination against opposition and various minorities, etc. The issues of gender equality in state authorities, protection of the rights of stateless persons, and voting using digital technologies are also considered.
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Putkonen, Hanna, and Birgit Vollm. "Compulsory psychiatric detention and treatment in Finland." Psychiatric Bulletin 31, no. 3 (March 2007): 101–3. http://dx.doi.org/10.1192/pb.bp.106.009472.
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Despite efforts to integrate and harmonise legislation across the member states of the European Union (EU), mental health legislation, including legislation for the detention and treatment of offenders with mental disorders, differs widely across Europe. With changes to the Mental Health Act 1983 in the UK currently underway, investigating the different approaches to compulsory psychiatric care in other countries can be a stimulating and worthwhile exercise. We explored the Finnish mental health law with regard to compulsory admission and treatment and forensic care. Relevant differences between the Finnish approach and legislation in other European countries will be discussed.
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Cranmer, Frank. "Parliamentary Report." Ecclesiastical Law Journal 13, no. 2 (April 26, 2011): 216–22. http://dx.doi.org/10.1017/s0956618x11000081.
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How liberal democracies can accommodate tenaciously-held religious views within the wider framework of human rights legislation and balance the resulting conflicts is a conundrum that confronts governments throughout Europe and was the theme of three major speeches delivered at the end of the period under review.
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Madaus, Stephan, and F. Javier Arias. "Emergency COVID-19 Legislation in the Area of Insolvency and Restructuring Law." European Company and Financial Law Review 17, no. 3-4 (September 14, 2020): 318–52. http://dx.doi.org/10.1515/ecfr-2020-0018.
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The appearance of the COVID-19 in Europe has prompted lawmakers to introduce public health measures that inevitably hurt the economy by reducing economic activity and business revenues. The foreseeable risk that the pandemic could be followed immediately by a bankruptcy epidemic led to the adoption of rules related to insolvency and restructuring laws in emergency legislation in most European countries. These rules aim at avoiding businesses to become insolvent either by suspending insolvency tests (see II.) or by providing cash support and debt moratoria (see III.). They may also contain measures that indirectly affect insolvency and restructuring proceedings (see IV.). This paper explains the logic behind emergency legislation and the specific rules adopted in European countries.
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Gerards, Janneke, and Heleen Janssen. "Regulation of Genetic and Other Health Information in a Comparative Perspective." European Journal of Health Law 13, no. 4 (2006): 339–98. http://dx.doi.org/10.1163/157180906779160283.
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AbstractIn the present article, the authors provide a general overview of the academic and legal debate on the regulation of access to and use of genetic information by non-medical actors. Their aim is to give some insight in the academic views on the need to introduce specific genetics legislation and on the balance that might be struck between the various interests concerned. Furthermore, by analyzing relevant legislation and policy measures in the US and in Europe, they identify the issues that are deemed relevant in considering and, eventually, introducing regulative measures with respect to genetic information.