Academic literature on the topic 'Precautionary principle – European Union countries'
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Journal articles on the topic "Precautionary principle – European Union countries"
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Enríquez-Fernández, Silvia, and Carlos del Castillo-Rodríguez. "Healthcare risk management during the SARS-CoV-2 virus pandemic in the European Union: The guaranteed access to medicines." International Journal of Risk & Safety in Medicine 32, no. 2 (May 7, 2021): 77–86. http://dx.doi.org/10.3233/jrs-200076.
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BACKGROUND: The disease caused by the novel coronavirus SARS-CoV-2 has rapidly spread escalating the situation to an international pandemic. The absence of a vaccine or an efficient treatment with enough scientific evidence against the virus has generated a healthcare crisis of great magnitude. The precautionary principle justifies the selection of the recommended medicines, whose demand has increased dramatically. METHODS: we carried out an analysis of the healthcare risk management and the main measures taken by the state healthcare authorities to a possible shortage of medicines in the most affected countries of the European Union: Spain, France, Italy and Germany. RESULTS: the healthcare risk management in the European Union countries is carried out based on the precautionary principle, as we do not have enough scientific evidence to recommend a specific treatment against the new virus. Some measures aimed to guarantee the access to medicines for the population has been adopted in the most affected countries by the novel coronavirus. CONCLUSIONS: in Spain, Italy and Germany, some rules based on the precautionary principle were pronounced in order to guarantee the supply of medicines, while in France, besides that, the competences of pharmacists in pharmacy offices have been extended to guarantee the access to medicines for the population.
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Kravchuk, Natalia. "REGULATION OF GENETICALLY MODIFIED ORGANISMS IN EUROPEAN UNION: THE NECESSITY TO UPDATE THE LEGISLATION IS OBVIOUS." Pravovedenie IAZH, no. 4 (2022): 83–95. http://dx.doi.org/10.31249/rgpravo/2022.04.07.
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The review is devoted to the problems of legislative regulation of genetically modified organisms in European Union. EU legislation in this field is more strict than that in the other countries. It is based on the difference between natural organisms and those created artificially through genetic engineering. The core of the GMO legislation is the precautionary principle which aims at protecting environment and human health. This principle is not compatible with the principle of presumed safety of the product which underpins legislation of many countries-EU trade partners. Asymmetry in regulation leads to complications in trade and to noncompliance with EU legislation. A control of GMO non-authorized for use on the territory of EU in imported food and feed is realized through inspections, conducted on the level of EU states. Undertaken measures, however, can not guarantee consumer’s freedom of choice. All the mentioned problems in the field of GMO regulation dictate the necessity to update the relevant legislation.
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Egon Mileusnić. "PROPOSAL FOR REVISING THE CROATIAN REGULATIONS ON PROTECTION FROM ELECTROMAGNETIC FIELDS." Journal of Energy - Energija 56, no. 1 (November 14, 2022): 64–95. http://dx.doi.org/10.37798/2007561347.
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Some parts of the Croatian Regulations on Protection from Electromagnetic Fields are considerably more restrictive than the Guidelines of the International Commission on Non-Ionizing Radiation Protection (ICNIRP), Recommendation 1999/519/EC of the Council of the European Union and Directive 2004/40/EC of the European Parliament and Council. A general critique of the Croatian Regulations on Protection from Electromagnetic Fields is presented, together with comparison to similar legislation in other countries. The question is discussed whether some of the requirements of the Regulations are excessively restrictive. Calculations demonstrate that limit values have been set too low regarding the strength of electric fi elds for area of intensifi ed sensitivity and area of occupational exposure. It is suggested that the values that have been established by the Recommendation and Directive of the European Union should be used. The article does not dispute certain precautionary measures or the precautionary principle but points out that there is insuffi cient explanation for the strictness of the norms. A proposal is presented for amendments to the existing Regulations.
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Shestibratov, K., I. Chubugina, and S. Zavriev. "Genetic Engineering Activity: Analysis of International and Russian Legislative Base." World Economy and International Relations, no. 12 (2014): 50–59. http://dx.doi.org/10.20542/0131-2227-2014-12-50-59.
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The development and ratification of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (hereinafter the Protocol) by 167 countries was a significant event in the sphere of international legal regulation of genetic engineering activity (GEA). The Protocol came into effect on September 11, 2003. The Protocol is the main starting point of the legislative base building in the GEA field for a number of countries, including all EU countries, China and Brazil. The US and Russia have not ratified the Cartagena Protocol. The main principle underlying the European concepts of GEA regulation and risk assessment is the «precautionary principle». On the contrary, the American concept of GEA regulation and risk assessment is based on another concept: the biotechnology methodology itself doesn't create new risks to human health and environment. In this regard, the state regulates the process of GMOs creating and estimates the produced products. In Russian Federation, the legislative basis in the sphere of GEA regulation is poorly developed. Obviously, first and foremost Russia will have to decide on which basis the normative legal regulation for the use of GMOs should be built: on the Cartagena Protocol or on its own system, for example, in the framework of the Customs Union. Acknowledgment. The works were executed under fi nancial support of the Ministry of Education and Science of the Russian Federation in the framework of projects no. 14.512.11.120 as of October 10, 2013, no. 14.M04.12.0009 as of June 27, 2014 and no. 14.616.21.0013 as of September 17, 2014.
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Douma, Wybe Th. "The Precautionary Principle in the European Union." Review of European Community & International Environmental Law 9, no. 2 (July 2000): 132–43. http://dx.doi.org/10.1111/1467-9388.00244.
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Antonopoulou, Lila, and Philip van Meurs. "The precautionary principle within European Union public health policy." Health Policy 66, no. 2 (November 2003): 179–97. http://dx.doi.org/10.1016/s0168-8510(03)00049-6.
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Galbraith, Hugh. "Hormones in international meat production: biological, sociological and consumer issues." Nutrition Research Reviews 15, no. 2 (December 2002): 293–314. http://dx.doi.org/10.1079/nrr200246.
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AbstractBeef and its products are an important source of nutrition in many human societies. Methods of production vary and include the use of hormonal compounds (‘hormones’) to increase growth and lean tissue with reduced fat deposition in cattle. The hormonal compounds are naturally occurring in animals or are synthetically produced xenobiotics and have oestrogenic (oestradiol-17β and its esters; zeranol), androgenic (testosterone and esters; trenbolone acetate) or progestogenic (progesterone; melengestrol acetate) activity. The use of hormones as production aids is permitted in North American countries but is no longer allowed in the European Union (EU), which also prohibits the importation of beef and its products derived from hormone-treated cattle. These actions have resulted in a trade dispute between the two trading blocs. The major concern for EU authorities is the possibility of adverse effects on human consumers of residues of hormones and metabolites. Methods used to assess possible adverse effects are typical of those used by international agencies to assess acceptability of chemicals in human food. These include analysis of quantities present in the context of known biological activity and digestive, absorptive, post-absorptive and excretory processes. Particular considerations include the low quantities of hormonal compounds consumed in meat products and their relationships to endogenous production particularly in prepubertal children, enterohepatic inactivation, cellular receptor- and non-receptor-mediated effects and potential for interference with growth, development and physiological function in consumers. There is particular concern about the role of oestradiol-17β as a carcinogen in certain tissues. Now subject to a ‘permanent’ EU ban, current evidence suggests that certain catechol metabolites may induce free-radical damage of DNA in cell and laboratory animal test systems. Classical oestrogen-receptor mediation is considered to stimulate proliferation in cells maintaining receptivity. Mathematical models describing quantitative relationships between consumption of small amounts of oestrogens in meat in addition to greater concentrations from endogenous production, chemical stoichiometry at cellular level and human pathology have not been developed. Such an approach will be necessary to establish ‘molecular materiality’ of the additional hormone intake as a component of relative risk assessment. The other hormones, although generally less well researched, are similarly subject to a range of tests to determine potentially adverse effects. The resulting limited international consensus relates to the application of the ‘precautionary principle’ and non-acceptance by the European Commission of the recommendations of the Codex Alimentarius Commission, which determined that meat from cattle, hormone-treated according to good practice, was safe for human consumers. The present review considers the hormone issue in the context of current international social methodology and regulation, recent advances in knowledge of biological activity of hormones and current status of science-based evaluation of food safety and risk for human consumers.
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Dinneen, Nathan. "Precautionary discourse: Thinking through the distinction between the precautionary principle and the precautionary approach in theory and practice." Politics and the Life Sciences 32, no. 1 (2013): 2–21. http://dx.doi.org/10.2990/32_1_2.
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This paper addresses the distinction, arising from the different ways the European Union and United States have come to adopt precaution regarding various environmental and health-related risks, between the precautionary principle and the precautionary approach in both theory and practice. First, this paper addresses how the precautionary principle has been variously defined, along with an exploration of some of the concepts with which it has been associated. Next, it addresses how the distinction between the precautionary principle and precautionary approach manifested itself within the political realm. Last, it considers the theoretical foundation of the precautionary principle in the philosophy of Hans Jonas, considering whether the principled-pragmatic distinction regarding precaution does or doesn't hold up in Jonas' thought.
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Hansson, Sven Ove. "How Extreme Is the Precautionary Principle?" NanoEthics 14, no. 3 (October 13, 2020): 245–57. http://dx.doi.org/10.1007/s11569-020-00373-5.
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AbstractThe precautionary principle has often been described as an extreme principle that neglects science and stifles innovation. However, such an interpretation has no support in the official definitions of the principle that have been adopted by the European Union and by the signatories of international treaties on environmental protection. In these documents, the precautionary principle is a guideline specifying how to deal with certain types of scientific uncertainty. In this contribution, this approach to the precautionary principle is explicated with the help of concepts from the philosophy of science and comparisons with general notions of practical rationality. Three major problems in its application are discussed, and it is concluded that to serve its purpose, the precautionary principle has to (1) be combined with other decision principles in cases with competing top priorities, (2) be based on the current state of science, which requires procedures for scientific updates, and (3) exclude potential dangers whose plausibility is too low to trigger meaningful precautionary action.
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Cooper, Richard N., Gary E. Marchant, and Kenneth L. Mossman. "Arbitrary and Capricious: The Precautionary Principle in the European Union Courts." Foreign Affairs 84, no. 2 (2005): 153. http://dx.doi.org/10.2307/20034295.
Full textDissertations / Theses on the topic "Precautionary principle – European Union countries"
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Khoury, Iosif-Alexandros. "The precautionary principle & the regulation of genetically modified food & feed in the European Union : thinking about the role of public opinion in risk regulation." Thesis, University of Cambridge, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612020.
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Papaconstantinou, Helen. "Are member states bound by the principle of undistorted competition and to what extent?" Doctoral thesis, Universite Libre de Bruxelles, 1986. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213519.
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Johansson, Anders. "Biopolitics and Reflexivity : A Study of GMO Policymaking in the European Union." Doctoral thesis, Linköpings universitet, Tema teknik och social förändring, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-17478.
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The political discourse that has emerged as a consequence of establishing a European regulatory framework for GMOs has not been without problems. This dissertation addresses the political and regulatory challenges created by the development and use of genetically modified organisms (GMOs) in the EU. The underlying hypothesis in the dissertation is that the emergence of a European policy in the field of GMOs has appeared through new reflexive forms of governance. The aim of this research is to understand how these reflexive forms of regulation have emerged and operate within the EU, with a particular focus on the two GMO directives 90/220/EEC and 2001/18/EC. However, the study scrutinises the regulatory regimes from the 1970s onwards by investigating how the regulatory framework regarding GMOs has been developed and implemented in the EU. This is done through an analysis of the notion of ‘risk’ and the ‘precautionary principle’ since these concepts have been at the forefront of the GMO regulation debate. The empirical approach focuses on how the European Commission, the European Parliament and the European Council as well as other actors and institutions articulate ambivalence, interpretations and uncertainties in the decision-making processes regarding regulative measures for GMOs, with an accent on risk and the precautionary principle. The main empirical material has been documents concerning the inter-institutional process involved in the regulatory process of making the two directives. The analysis indicates that during the process of implementing GMO regulations, new steering strategies have appeared within the EU’s decision-making institutions when the objective of the regulation has taken centre stage in political and scientific controversies.Den politiska diskursen som har uppstått som en följd av upprättandet av ett europeiskt regelverk för GMO har inte varit utan problem. Denna avhandling behandlar de politiska utmaningar som alstrats av skapandet och tillämpningen av genetiskt modifierade organismer (GMO) inom EU. Den underliggande hypotesen i avhandlingen är att framväxten av en europeisk politik på området för GMO har uppstått genom nya reflexiva regleringsformer. Syftet med denna forskning är att förstå hur reflexiva regleringsformer har uppkommit och opererar inom EU, med särskilt fokus på de två GMO direktiven 90/220/EEG och 2001/18/EG. Studien analyserar lagstiftning från 1970-talet och framåt genom att undersöka hur lagstiftningen om genetiskt modifierade organismer har utvecklats och implementerats i EU. Detta görs genom en analys av begreppen ‘risk’ och ‘försiktighetsprincipen’ eftersom dessa begrepp har varit centrala för debatten om GMO lagstiftningen. Den empiriska metoden fokuserar på hur Europeiska kommissionen, Europaparlamentet och Europeiska rådet samt andra aktörer och institutioner har uttryckt ambivalens, tolkningar och osäkerhet i beslutsfattandet gällande reglerings åtgärder för genetiskt modifierade organismer, med tonvikt på risk och försiktighetsprincipen. Det huvudsakliga empiriska materialet är dokument gällande den interinstitutionella processen som ägde rum när de två direktiven skapades. Analysen visar att implementeringen av GMO lagstiftningen har skapat nya styrningsstrategier i synnerhet i de fall där ändamålet med lagstiftningen har varit föremål för politiska och vetenskapliga kontroverser.
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Zarghamifar, Mina. "A comparative study on the "Safe Country of Origin" principle between the European Union and Canadian asylum legislations." Thèse, 2016. http://hdl.handle.net/1866/18633.
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Deux décennies après l’adoption de la Convention relative au statut des réfugiés en 1951, l’affluence du nombre de réfugiés réclamant l’asile aux frontières occidentales a mené les États européens à instaurer des règles restrictives pour dissuader les demandeurs d’asile à se réclamer de cette protection internationale au sein de leurs territoires respectifs. Une des mesures préventives récentes est la directive sur « Pays d’origine sûrs » (POS) dont l’objectif est d’identifier les requérants non éligibles à recevoir la protection internationale, car issus de pays considérés sécuritaires. Ce travail de recherche propose une étude comparative entre les directives de l’Union européenne adoptées en 2005, puis réformées en 2013 et la Loi sur l’immigration et la protection des réfugiés en vigueur au Canada.
D’une part, nous analysons l’impact néfaste de cette directive dissuasive sur les droits fondamentaux des demandeurs d’asile en provenance de pays d’origine désignés, notamment en ce qui a trait à leur droit à une entrevue individuelle ainsi que leur droit d’en appeler de la décision qui a été prise et leur refusant l’asile. D’autre part, nous démontrerons comment l’étendue des limites substantielles à l’égard des droits fondamentaux des demandeurs d’asile en provenance des POS est contradictoire avec les obligations constitutionnelles de l’UE et du Canada, notamment celles formulées dans la Charte des droits fondamentaux de l’Union européenne, la Convention européenne des droits de l’homme et la Charte canadienne des droits et libertés. Bien que l’élaboration et l’application des règles adoptées par les systèmes juridiques mentionnés souffrent de plusieurs défauts violant les droits fondamentaux des demandeurs d’asile en provenance de pays d’origine désignés, nous démontrerons que l’approche du Canada a des conséquences plus draconiennes sur des demandeurs d’asile en provenance de POS que celles découlant de la loi commune applicable dans l’UE. Finalement, nous conclurons que les États occidentaux ne devraient pas se limiter à une solution à court terme telle celle du POS. Ces États devraient avoir plus de responsabilités et offrir une protection internationale accrue en soutenant les pays près de zones de conflits tout en établissant un programme réaliste permettant d’accueillir un nombre précis de réfugiés tous les ans.
Mots Clés : Pays d’origine sûrs – Pays d’origine désignés – Droits humains – Droits procéduraux – Droit à l’entrevue individuelle – Droit d’appel – l’Union européenne – Canada – Réfugiés requérants – Demandeurs d’asileTwo decades following the adoption of the 1951 Convention Relating to the Status of Refugees, the growing number of asylum seekers arriving at the Western countries’ borders convinced European States to put in place new asylum rules to prevent asylum seekers from reaching their borders and dissuade the potential refugee applicants from seeking international protection in their respective territories. One of the most recent preventive measures has been the “Safe Countries of Origin” rule (hereafter SCO) whose main purpose is to identify and reject refugee applicants who are not in real need of international protection since they originate from countries which are deemed generally safe. In this research, we conduct a comparative study between the European Union’s Directives adopted in 2005 and recasted in 2013, and the Immigration and Refugee Protection Act enacted by the Canada. At the first step, we intend to verify the adverse impact of this deterrent rule, during the expeditious determination procedure, on the SCO asylum seekers’ fundamental human rights including the right to personal interview and the right to appeal. At the second step, our objective is to demonstrate to which extent the fundamental human rights limitations imposed on SCO asylum seekers are in contradiction with the EU’s and Canada’s constitutional obligations undertaken respectively in EU Charter of Fundamental Rights, the European Convention on Human Rights and the Canadian Charter of Rights and Freedoms. Based on this comparative research we illustrate that, while the elaboration and the application of the SCO rule in both the above-mentioned legal systems suffer from inherent flaws which infringe the basic human rights of SCO refugee applicants, Canada’s approach has had more drastic consequences on the SCO refugee applicants than those resulting from the EU’s common asylum law. Finally, we conclude that, instead of a short-term solution such as the SCO rule, the Western States must accept more responsibilities in providing international protection by supporting the countries that border the crisis zones, and establishing a workable program to accept a specific number of asylum seekers every year. Keywords: Safe Countries of Origin - Designated Countries of Origin - Human Rights -Procedural Rights - Right to Personal Interview - Right to Appeal - the European Union - Canada - Refugee Applicants - Asylum Seekers
Books on the topic "Precautionary principle – European Union countries"
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1946-, Mossman Kenneth L., ed. Arbitrary and capricious: The precautionary principle in the European Union courts. Washington, D.C: AEI Press, 2004.
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Noriega, Antonio Estella de. The EU principle of subsidiarity and its critique. Great Clarendon, Oxford: Oxford University Press, 2002.
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Prohibition of abuse of law: A new general principle of EU law? Oxford: Hart, 2011.
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Humphreys, Matthew. Sustainable Development in the European Union: A General Principle. Taylor & Francis Group, 2017.
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Sustainable Development in the European Union: A General Principle. Taylor & Francis Group, 2017.
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Humphreys, Matthew. Sustainable Development in the European Union: A General Principle. Taylor & Francis Group, 2017.
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Humphreys, Matthew. Sustainable Development in the European Union: A General Principle. Taylor & Francis Group, 2017.
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Humphreys, Matthew. Sustainable Development in the European Union: A General Principle. Taylor & Francis Group, 2017.
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Rossi, Lucia Serena, and Federico Casolari. The Principle of Equality in EU Law. Springer, 2018.
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The Principle of Equality in EU Law. Springer, 2017.
Find full textBook chapters on the topic "Precautionary principle – European Union countries"
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Humphreys, Matthew. "The precautionary principle and sustainability in EU environmental protection." In Sustainable Development in the European Union, 59–71. Abingdon, Oxon [UK] ; New York : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.9774/gleaf.9781315611471_5.
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Tepandi, Jaak, Carmen Rotuna, Giovanni Paolo Sellitto, Sander Fieten, and Andriana Prentza. "The Technical Challenges in OOP Application Across the European Union and the TOOP OOP Architecture." In The Once-Only Principle, 141–63. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-79851-2_8.
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AbstractThe Once-Only Principle requires the public administrations to ensure that citizens and businesses supply the same information only once to the Public Administration as a whole. Widespread use of the Once-Only Principle has the potential to simplify citizens’ life, make businesses more efficient, and reduce administrative burden in the European Union. The Once-Only Principle project (TOOP) is an initiative, financed by the EU Program Horizon 2020, to explore the possibility to enable the cross-border application of the Once-Only Principle by demonstrating it in practice, through the development of selected piloting applications for specific real-world use cases, enabling the connection of different registries and architectures in different countries for better exchange of information across public administrations. These piloting ICT systems are designed as a result of a pan-European collaboration and they adopt a federated model, to allow for a high degree of independence between the participating parties in the development of their own solutions. The main challenge in the implementation of an OOP solution is the diversity of organizations, procedures, data, and services on all four main levels of interoperability: legal, organizational, semantic, and technical. To address this challenge, TOOP is developing and testing the TOOP Reference Architecture (TOOPRA) to assist organizations in the cross-border implementation of the OOP. The paper outlines the TOOPRA users, principles, and requirements, presents an overview of the architecture development, describes the main views of TOOPRA, discusses architecture profiling, and analyses the TOOPRA sustainability issues.
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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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Elek, Balázs. "Criminal Judicial Cooperation from a Central and Eastern European Perspective." In The Policies of the European Union from a Central European Perspective, 259–79. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_13.
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Today, the European Union and EU law influence essentially all areas of the law in Member States. Criminal and criminal procedural law are no exception. The European Union can require Member States to criminalize certain defined behaviors, determine the opinion on criminal sanctions that will punish perpetrators, and oblige the states to apply measures in certain areas of criminal law and laws on criminal procedure. As such, the harmonization of substantive and procedural norms in the Member States’ criminal law falls in the EU’s scope of authority. After the accession of the countries of Central and Eastern Europe to the European Union, the harmonization of criminal and criminal procedural law throughout the European Union has been taken to a new level. There were also previously trust-based agreements on criminal co-operation between East and Central European countries, so mutual trust in EU cooperation was not entirely new in these countries. The harmonization has also been facilitated by the fact that there have historically been many similarities between Member States’ legal systems. One of the best examples of this is the habeas corpus principle. The harmonization of criminal procedure rules has already been developed with the countries of East and Central Europe. However, the case law of the European Court of Justice regularly shows that in former Western European countries there is a greater distrust of the legislation of the East-Central European countries and that the new East–Central Member States often approach a legal issue quite differently.
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Mikos-Sitek, Agnieszka. "Common Foreign, Security, and Defense Policies." In The Policies of the European Union from a Central European Perspective, 197–215. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_10.
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This chapter examines the issue of the common foreign and security policy, as well as its integral part of the common security and defense policy, discussed from the perspective of the EU Member States, including, in particular, the countries of Central and Eastern Europe. To create a substantive basis for the assessment of the position of EU Member States in the CSFP implementation process, the basic issues related to the provi- sions of the treaties in this area are discussed at the beginning. An important element of the chapter is also the characterization and identification of the separateness of the regulations in force in the field of CFSP. Attention is also paid to institutional solutions, which are important in this case, as well as legal instruments for the implementation of CFSP. In addition to general guidelines, decisions, and the issues of strengthening systematic cooperation, attention is also drawn to the importance of international agreements concluded by the EU in the area of CFSP. An important element of the analysis of the rights and obligations of EU Member States is also the decision-making procedure considering the unanimity principle, as well as the so-called solidarity clauses. The discussion of the role and position of the EU Member State in the CFSP area is summarized with a reference to issues that specifically concern the countries of Central and Eastern Europe. Attention is drawn to the spectrum of problems that arise in the practice of CFSP implementation, related primarily to significant differences in defining state security guarantees and the underlying factors.
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Weimer, Maria. "Risk Regulation in the EU Internal Market." In Risk Regulation in the Internal Market, 47–85. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198732792.003.0003.
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This chapter examines the evolution of risk regulation in the European Union since the Single European Act, with particular emphasis on how the legal and institutional context of the internal market has shaped the EU approach to risk. It first traces the emergence of supranational risk regulation in the EU with the ‘1992 project’ before discussing treaty reforms in the 1990s which strengthened the function of risk regulation as a justification of EU internal market regulation. It then considers the legitimacy dilemma faced by the EU with regard to risk regulation, focusing on the debate over the scope of political discretion that the precautionary principle should provide. It also analyses the application of the principles of risk and cost-benefit analysis to control discretion through science and economics, respectively. Finally, it explores risk regulation challenges arising from the legal-institutional, socio-economic, and cultural diversity in the Member States.
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Yann Simo, Regis. "The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect." In The Emergent African Union Law, 417–35. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862154.003.0023.
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This chapter deals with the principle of direct effect as applied in European Union (EU) law and explores its suitability in the enforcement of African Union (AU) legal instruments, notably those setting up the African Continental Free Trade Area (AfCFTA). What motivates the issue of direct effect is the noted reticence of African countries to litigate trade matters between themselves despite the existence of provisions of regional trade treaties creating courts of justice which give standing to Member States. Therefore, it surveys the avenues through which natural and legal persons can uphold their rights stemming from AfCFTA treaties, thus contributing to treaty interpretation and increasing security and predictability. Currently, the AfCFTA Dispute Settlement Protocol, modelled after the World Trade Organization (WTO), does not allow such a possibility, contrary to rights acquired by natural and legal persons before some African Regional Economic Communities (RECs) courts. Nevertheless, this chapter finds that carving out access of natural and legal persons to AfCFTA proceedings may not always work as intended since there are other ways to bypass these obstacles. These loopholes could be the gateway through which direct effect will develop and become a principle of AU law, broadly speaking. These gaps further complement this chapter’s suggestions to explore amending the AfCFTA legal instruments, even though its dispute settlement system is yet to be tested, in order to match the standing that natural and legal persons have acquired under the RECs, which, in fine, are building blocks towards achieving the AfCFTA and, eventually, the African Economic Community.
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Szabó, István. "The Legacy of the Habsburg Empire in the Constitutional Traditions of Successor States." In Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries, 21–36. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.lcslt.ccice_2.
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The states established in the territory of the former Austro-Hungarian Monarchy after World War I opened a new chapter in the history of the region. However, the problems arising from the heterogeneous ethnic composition remained the same as before 1918. The question was: can a state organization be formed in which all nations can preserve their own identity? This was also the main goal of the Habsburg Empire after the “spring of the peoples” of 1848. The study reviews the reform efforts of these 70 years, and what particular steps and reform plans were taken after 1848 to resolve ethnic tensions. The most important issue was to establish the internal division of the empire, along historical or ethnic boundaries. The starting point was how historical boundaries could be transformed into ethnic ones. The nations of the empire may agree with each other, but if they do not, the ruler must make that decision. This formed the second essential question: is the reform of the empire based on popular sovereignty or monarchical legitimacy? The third problem was the model of state organization formed by the interior of the empire. They should either form a loose federation of states, or a federal state with a closer relationship. The most significant reform implemented was the 1867 Compromise, which followed historical boundaries, rested on the principle of popular sovereignty, and created a loose state union. However, many nations of the empire were dissatisfied with this. Subsequent internal reforms (the Croatian compromise on the Hungarian side and the Moravian or Galician compromise on the Austrian side) could not solve this properly either.
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Lenaerts, Koen, Piet Van Nuffel, and Tim Corthaut. "The Procedure for Concluding International Agreements." In EU Constitutional Law, 604–15. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0021.
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This chapter examines the procedure for the conclusion of international agreements. Article 218 TFEU sets out the internal procedure for negotiating and concluding 'agreements between the European Union and third countries or international organizations'. That Treaty provision does not itself confer any power on the Union to act internationally, but applies whenever the Union wishes to conclude an agreement. The Union is empowered to do so where the Treaties expressly so provide, where it is necessary in order to achieve one of the objectives of the Union, where it is provided for in a legally binding Union act, or where it is likely to affect common rules or alter their scope (Article 216 TFEU). This procedure of Article 218 TFEU applies in all fields of Union activity, including the Common Foreign and Security Policy (CFSP) and police and judicial cooperation in criminal matters. The same procedural requirements apply to amendments of agreements and to additional or implementing protocols concluded together with or on the basis of the agreement itself. In principle, the denunciation of an agreement also comes under Article 218 TFEU.
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Júnior, Hermes de Andrade. "Reverse Logistics and Solid Waste." In Handbook of Research on Supply Chain Management for Sustainable Development, 282–304. IGI Global, 2018. http://dx.doi.org/10.4018/978-1-5225-5757-9.ch015.
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This chapter promotes a selection of works collected that seek to analyze the need and the evolution of reverse logistics into the context of the National Policy on Solid Waste in Brazil. Nineteen years of intensive discussion have been held until the legal framework for the implementation of Agenda 21 of 1992 on the environmentally sound management of solid waste could be announced. The principle of shared responsibility for the product lifecycle, which reaches manufacturers, importers, distributors and traders, consumers, and holders of public solid waste management services, is the central theme of the law and undoubtedly innovates on the issue, placing Brazil alongside countries such as those of the European Union and Japan. However, a serious problem that distances them is to achieve large population densities with the benefit of municipalization of the process of control of urban waste. The rate of effective management of solid wastes is relatively low at the municipal level compared to the countries mentioned.
Conference papers on the topic "Precautionary principle – European Union countries"
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Panagoreţ, Andreea, Dragos Panagoreţ, and Tomislav Kandyija. "Sustainable Development and Environmental Policy of the European Union." In G.I.D.T.P. 2019 - Globalization, Innovation and Development, Trends and Prospects 2019. LUMEN Publishing, 2022. http://dx.doi.org/10.18662/lumproc/gidtp2022/16.
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Sustainable development approaches the concept of quality of life in all its complexity, from an economic, social and environmental point of view, promoting the idea of the balance between economic development, social equity, efficient use and conservation of the environment. By its very nature, sustainable development represents the need for responsibility and education for environmental protection, and this aspect is reflected in the evolution of community policy in recent years, a policy marked by the transition from an approach based on constraint and sanction, to a more flexible, based one on incentives. Thus, it is acting in the direction of a voluntary approach, in order to promote this environmental responsibility and to encourage the use of environmental management systems. The environmental policy does not act independently, but reflects the interest of civil society in this direction, manifested by the creation of numerous environmental movements and organizations. Moreover, in some countries the creation and development of "green" political parties has been achieved, with real success in the political arena. However, resistance - or, more properly, the restraint and inertia that manifests itself, should not be forgotten, when environmental objectives seem to limit industrial competitiveness and economic growth; but this aspect only emphasizes once again the need for a concerted approach at European level and the need for an active and integrated environmental policy, capable of responding to the challenges that appear economically. The European environmental policy is based on the principles of precaution, prevention, correction of pollution at source and "polluter pays". The precautionary principle is a risk management tool that can be invoked if there is scientific uncertainty about a possible risk to human health or the environment, arising from a particular action or policy.
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Ay, Ahmet, Fatih Ayhan, and Mustafa Gerçeker. "Analyzing the Free Movement of Goods Principle in European Union." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01419.
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In this paper, it will be analyzed the free movement of goods principle’s progress in European Union. This principle have special importance for all countries not only EU members. Because of globalisation’s effects, all countries have to open their boundaries to all over the World. Thus the free movement of goods affects almost all countries. Free movement of goods principle is achieved a successful progress in EU case. In this paper, we will try to show this principle’s success in EU agreements, regulations, settlements and peaks. Not only in EU, but also all open economies are getting extra benefit from trade. Free movement of goods is a part of international trade and also first step of EU integration process. Followings steps are consisting of free movement of capitals, services and human. In this paper, we’ll show the meaning and importance of this principle and its historical progress in EU. And also it will be analyzed to basic drawback, preventions, and exceptions of this principle.
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Đurić, Stefan, and Bojana Lalatović. "SOLIDARITY CHECK IN TIMES OF COVID-19. ANALYSIS OF THE EU APPROACH TOWARDS ITS CLOSEST NEIGHBOURS WITH A SPECIAL FOCUS ON MONTENEGRO." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18303.
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Solidarity as one of the cornerstone values of the European Union has been once again seated on the red chair and intensively discussed within the European Union and broader. After the economic recession and migrant crisis that marked the last two decades, the outbreak of the COVID-19 pandemic has once again harshly tested the fundamental objectives and values of the European Union and the responsiveness and effectiveness of its governance system on many fronts. In April, 2020 several EU Member States were among the worst affected countries worldwide and this situation soon became similar in their closest neighbourhood. It put a huge pressure on the EU to act faster, while at the same time placing this sui generis community to the test that led to revealing its strengths and weaknesses. As it happened in the previous crises, the Union launched policies and various programmes that were meant to lessen the burden of the Member States and aspiring countries caused by the crises. The objectives of the mentioned soft law instruments that the EU adopted during the COVID-19 crisis has been not only to show that EU law is equipped to react to health and economic crises rapidly but to deliver its support in terms of solidarity to its Member States and its closest neighbours facing the unprecedented health and economic crisis. This article will explore the value and implication of the solidarity principle in times of Covid-19 in its various manifestations. A special focus will be on the financial and material aspects of the EU instruments created to combat the negative consequences of the pandemic and their further impact on shaping the solidarity principle within the EU system. While examining the character and types of these mechanisms a special focus will be placed on those available to Western Balkan countries, whereas Montenegro as the “fast runner” in the EU integration process will be taken as a case study for the purpose of more detailed analyses. One of the major conclusions of the paper will be that although the speed of the EU reactions due to highly complex structure of decision making was not always satisfying for all the actors concerned, the EU once again has shown that it is reliable and that it treats the Western Balkan countries as privileged partners all for the sake of ending pandemic and launching the socio-economic recovery of the Western Balkans. Analytical and comparative methods will be dominantly relied upon throughout the paper. This will allow the authors to draw the main conclusions of the paper and assess the degree of solidarity as well as the effectiveness of the existing EU instruments that are available to Montenegro and aimed at diminishing negative consequences of the crisis.
Reports on the topic "Precautionary principle – European Union countries"
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Johanna, Jacobi, Kiteme Boniface, and Ottiger Fabian. Highly Hazardous Pesticides (HHPs) in Agro-industrial and Smallholder Farming Systems in Kenya. Swiss National Science Foundation (SNSF), May 2020. http://dx.doi.org/10.46446/publication_r4d.2020.3.en.
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Farms in the global South show heavy use of pesticides such as herbicides, insecticides and fungicides. Some of these substances are banned in Switzerland and the European Union but are often produced and exported from there. Our messages draw on research findings from Kenya. They make the link to international conventions, highlight alternatives to pesticide-intensive agricultural practices, and call for phasing out “highly hazardous” substances in line with human rights and the precautionary principle.