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.
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Zankl, Martin Wolfgang. "The Effects of CETA on the Continuous Implementation of the Precautionary Principle within the European Union." Global Trade and Customs Journal 14, Issue 4 (April 1, 2019): 179–98. http://dx.doi.org/10.54648/gtcj2019017.
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After seven years of negotiations, the Comprehensive Economic and Trade Agreement (CETA) was finally approved and signed on 30 October 2016. It entered into force provisionally on 21 September 2017. A landmark deal between Canada and the European Union, CETA aims to establish regulatory branches in which the European Union, as opposed to Canada, will apply the precautionary principle as enshrined in European treaties, laws, and jurisprudence. Critics of CETA in Europe fear that it will result in a lowering of EU safety standards. In order to determine the legitimacy of such criticism, this article will analyse the relevant provisions of CETA to determine whether the deal will actually contribute to the weakening of the precautionary principle in Europe, which in turn would inevitably lead to a deterioration in environmental and human health standards.
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Burger, J. "Differing perspectives on the use of scientific evidence and the precautionary principle." Pure and Applied Chemistry 75, no. 11-12 (January 1, 2003): 2543–45. http://dx.doi.org/10.1351/pac200375112543.
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Different governments and agencies are approaching the use of scientific evidence, weight of evidence, and the precautionary principle in different ways. The European community has used the precautionary principle in situations where the consequences are great, data are unavailable or will be costly (in terms of money and time) to obtain, or data are difficult or impossible to obtain. Other countries, such as the United States, have a risk assessment process that has built-in safety or uncertainty factors which are themselves precautionary. Risk management decisions can be made on the basis of adequate studies, risk assessment, weight-of-evidence approaches, and the application of the precautionary principle. While weight of evidence has been used in the United States for increased research funding and regulator action with respect to some chemicals that are hormonally active, the European community has applied the precautionary principle.
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Fisher, E. "Precaution, law and principles of good administration." Water Science and Technology 52, no. 6 (September 1, 2005): 19–24. http://dx.doi.org/10.2166/wst.2005.0146.
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The precautionary principle is a legal principle concerned with the process of how decisions are made. In implementing and interpreting it regard must be had to the surrounding legal culture and in particular the principles of good administration in operation. Highlighting those principles emphasises that within a particular jurisdiction there is often very little agreement over their nature. Within the European Union contradictory principles are the product of: assumptions about risk problem-solving, the ambiguous nature of European administration, a concern with accountability in the face of recent food controversies, and the impact of international trade rules. These contradictory principles present a number of challenges for implementing the precautionary principle.
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Klika, Christoph. "Risk and the Precautionary Principle in the Implementation of REACH." European Journal of Risk Regulation 6, no. 1 (March 2015): 111–20. http://dx.doi.org/10.1017/s1867299x00004335.
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The adoption of the REACH regulation, setting out to reformchemicals policy of the European Union (EU), was accompanied by intense controversy over the role of the precautionary principle. Analysing decision making on so called Substances of Very High Concern (SVHCs), this article demonstrates that despite legal underpinning, precaution plays a limited role in the implementation of the REACH authorisation procedure. Due to ambiguous legislative provisions, the controversiesof the legislativeprocessare carriedover tothe implementationprocess.
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Enderlein, Rainer E. "Protecting Europe's water resources: policy issues." Water Science and Technology 31, no. 8 (April 1, 1995): 1–8. http://dx.doi.org/10.2166/wst.1995.0249.
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Main policy issues for the protection and use of water resources cover the application of the precautionary principle, prevention of pollution at source, the polluter-pays principle, the sustainability principle, and the cooperation among States to prevent disputes on water issues. The paper describes recent developments and progress made by European countries in cooperating on these issues.
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PAULINI, Sophia. "Fact or Fiction? Case C-616/17 and the Compatibility of the EU Authorisation Procedure for Pesticides with the Precautionary Principle." European Journal of Risk Regulation 11, no. 3 (April 21, 2020): 481–97. http://dx.doi.org/10.1017/err.2020.19.
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This contribution analyses whether the Court of Justice of the European Union (CJEU) provides clarifications on the normative implications that the precautionary principle entails in the context of Regulation 1107/2009, laying out the EU authorisation procedure for pesticides, in its recent judgement in Case C-616/17. In this judgement, which is a response to a request for a preliminary ruling by a French criminal court on the compatibility of certain aspects of Regulation 1107/2009 with the precautionary principle, the CJEU concludes that the questions of the referring court reveal nothing capable of affecting the validity of the regulation. According to the CJEU, to ensure conformity with the precautionary principle, the EU legislature must establish a normative framework that makes available to competent authorities sufficient information to adequately assess the risks to health resulting from the pesticide in question. However, the CJEU’s substantive analysis of the compatibility of the different aspects of Regulation 1107/2009 with the precautionary principle is not conducted concretely in light of this legal standard, but constitutes a mere testing of the general adequacy of Regulation 1107/2009. Furthermore, the CJEU’s judgement examines Regulation 1107/2009 in a vacuum without considering problems that have occurred in its implementation or application.
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de Bruijn, J., Bjorn Hansen, and S. Munn. "Role of the precautionary principle in the EU risk assessment process on industrial chemicals." Pure and Applied Chemistry 75, no. 11-12 (January 1, 2003): 2535–41. http://dx.doi.org/10.1351/pac200375112535.
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This paper discusses the practical implementation of the precautionary principle in the area of management of industrial chemicals in the European Union. An analysis of a number of recent cases where the precautionary principle was invoked shows that the main reason for doing so were the uncertainties in the risk assessment (or the underlying effects or exposure data), which were, according to the scientific experts, so high that the "normal" level of certainty could not be obtained. The challenge for the future is to try to develop general guidance or rules that will support the policymakers in their decision as to whether this uncertainty is so large that action is warranted or whether it is acceptable to wait until further information has become available.
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Tsyhanok, Serhii. "INDEPENDENCE PRINCIPLE JUDGES AND PROSECUTORS IN COUNTRIES THE EUROPEAN UNION." Entrepreneurship, Economy and Law, no. 7 (2019): 227–31. http://dx.doi.org/10.32849/2663-5313.2019.7.41.
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Gonçalves, Vasco. "Critical Approach of the Use of Economic Models in Precautionary Risk Management." European Journal of Risk Regulation 4, no. 3 (September 2013): 335–45. http://dx.doi.org/10.1017/s1867299x00008059.
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In this article a synthesis of formal models for the economic interpretation of the precautionary principle is presented, with their virtualities, limitations and measures to overcome them.The concept of precaution has great relevance in environmental regulation in the European Union. On the one hand, and despite the somewhat vague nature of legislation, the interpretation of the precautionary principle has seen recent progress with the development of some economic models and their application. There is, however, a need for a regulatory framework for the implementation of this principle in environmental decision-making, i.e., to clarify concepts and management procedures that are appropriate to the nature of environmental risks.It is therefore important to know the most relevant economic approaches and models with the aim of identifying their contribution to the debate on precaution in the context of environmental risk management and discuss their practical relevance in public decision-making.
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Grafe, Fritz-Julius, and Harald A. Mieg. "Precaution and Innovation in the Context of Wastewater Regulation: An Examination of Financial Innovation under UWWTD Disputes in London and Milan." Sustainability 13, no. 16 (August 15, 2021): 9130. http://dx.doi.org/10.3390/su13169130.
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The Water Framework Directive (WFD) under the guidance of the precautionary principle sets out standards to guarantee high quality water services for European citizens. This creates pressure on European cities to update and renew their water infrastructures in accordance with EU Law at great financial cost. Cities within the Union try to bridge this financial gap with a variety of approaches. This paper presents the cases of London and Milan, both of which were subject to legal proceedings for breaching the Urban Waste Water Treatment Directive. By example of these two cases, this article details how the precautionary principle affects urban water infrastructure provision, and how the regulation of the primary risk of pollution can both trigger innovation and create secondary risks within the highly integrated urban water infrastructure sector. The London case focusses on an individual infrastructure project and shows how its financial framing has compromised the final outcome, while the Milan case presents a longer-view perspective that shows how structural changes in the urban water infrastructure sector have enabled an environment for sustainable financial innovation. The role of transparency and good local governance practices are emphasized for a successful implementation of the precautionary principle requirements in a city’s water sector. Managing this process effectively can result in meaningful social innovation for urban water infrastructure provision.
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Rose–Ackerman, Susan. "Precaution, Proportionality, and Cost/Benefit Analysis: False Analogies." European Journal of Risk Regulation 4, no. 2 (June 2013): 281–86. http://dx.doi.org/10.1017/s1867299x00003469.
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The Politics of Precaution by David Vogel, and the edited volume, The Reality of Precaution each compare the United States with Europe over a range of regulatory areas. Vogel claims that the US and Europe changed places in recent years with Europe becoming more precautionary than the US. The edited volume covers a wider range of topics and finds that the results are mixed. The evidence of diversity in the edited volume appears convincing, but this essay argues that both volumes too narrowly focus on the precautionary principle. Rather it argues for a broader context that confronts precaution both with the proportionality principle, which is a mainstay of European Union law, and with the limitations of cost/benefit analysis and Impact Assessment. It unpacks the normative underpinnings of these concepts to suggest a broader frame for policy analysis.
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Kanunnikov, A. A. "European Civil Society or Civil Society of the European Countries?" RUDN Journal of Political Science, no. 3 (December 15, 2016): 61–70. http://dx.doi.org/10.22363/2313-1438-2016-3-61-70.
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This article is devoted to the study of civil society in the European Union. It shows the existence of two terms - “European civil society” and “civil society in Europe”. There is a vagueness of the term “European civil society” because it does not disclose the principle of belonging to a “European civil society” - a socio-cultural or geographical. There is a doubt about the possibility of the application of the civil society concept developed to describe the realities at the level of the nation-state, to the description of the phenomenon at a transnational level, for example, in the case of the European Union. The article shows three periods of civil society participation in the European integration process. The article concludes that is premature to consider the European civil society as an autonomous social sphere, opposing the state.
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Blake, Robin. "Eu Neonicotinoid Ban Removes Vital Tools in Global Fight Against Pests." Outlooks on Pest Management 29, no. 5 (October 1, 2018): 197–200. http://dx.doi.org/10.1564/v29_oct_02.
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In May 2018, the European Union (EU) banned all outdoor uses of three neonicotinoid insecticides due to concerns about adverse effects on pollinators following their use. Neonicotinoids continue to be used in other areas of the world such as North America. However, increasing scrutiny following the European Union decision threatens their availability as a control tool for farmers in these regions too. This article aims to provide an update on the current status of neonicotinoids, including a brief overview of the reasons behind the European regulatory decision, alternative control strategies that are available to farmers, how the situation in Europe might influence what will happen in other regions of the world, and what this means for future regulatory decision-making. The author concludes that the recent neonicotinoid ban in the EU represents an overly conservative approach to pesticide regulation, and in using the Draft Bee Guidance Document, one where the majority of pesticides currently on the market will fail. There is no definitive scientific evidence that neonicotinoids are the primary cause of declines in bees, and although banning these insecticides is the factor that humans have the greatest control over, it represents an overly simplistic solution to a very complex problem, and one that alone may not improve bee health. Whilst extreme pressure from environmental NGOs and politicians have undoubtedly helped shape these decisions, it is imperative that the regulatory process allows scientific innovation to help achieve food security and protect the environment. Ruling against recent lawsuits brought by Syngenta and Bayer CropScience to contest the bans on their respective neonicotinoids, the General Court of the European Union, said that the EU's"precautionary principle" meant that the EU could take measures if there was scientific uncertainty about risks to human health or the environment. The precautionary principle lies at the heart of EU regulation and effectively puts the burden of proof to demonstrate that a pesticide poses no unacceptable risk onto the manufacturers. Given that neonicotinoids are insecticides, and insecticides kill insects, it is not difficult to connect how the use of the precautionary principle led to the neonicotinoid ban. However, this principle is at odds with the desire to innovate – the so-called "Innovation principle" – "whenever policy or regulatory decisions are under consideration the impact on innovation as a driver for jobs and growth should be assessed and addressed". The innovation principle and precautionary principle should be complementary, recognising the need to protect society and the environment while also protecting the EU's ability to innovate. Neonicotinoids represent one such innovation where their highly targeted nature, especially as seed treatments, makes them effective within Integrated Pest Management (IPM) strategies, in comparison to alternatives such as pyrethroids, organophosphates and carbamates, that are known to be highly toxic to bees (and other non-target invertebrates) through spray drift. Replacing neonicotinoids with these products will also result in higher overall environmental risks, including risks to taxonomic groups that are not adversely affected by neonicotinoids such as birds, mammals and fish, together with higher risks to humans, particularly applicators. The HFFA report recommends that potential environmental concerns must be balanced against the need to boost agricultural productivity, and if such an assessment results in societal benefits outweighing the costs, then the technology should be applied. The hope is that regulators in other regions of the world will judiciously balance innovation and precaution, and base decisions on science rather than opinion or fear, and thus allow the continued use of neonicotinoids as vital tools in the global fight against crop pests.
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Raposo, Vera Lúcia. "CRISPR-Cas9 and the Promise of a Better Future." European Journal of Health Law 26, no. 4 (October 4, 2019): 308–29. http://dx.doi.org/10.1163/15718093-12264438.
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Abstract Due to its simplicity, low cost and accuracy, CRISPR-Cas9 has become a promising new technique in the field of gene editing. However, despite its virtues, it is not yet immune to scientific hazards and ethical legal concerns. These concerns have been used to justify opposition to genetic manipulation, and have led to some regulations to ban or impose a moratorium based on the precautionary principle. In Europe, regulation mostly comes from the European Union and the Council of Europe, both very cautious towards gene editing. In this article, two arguments on the future legal framework of CRISPR-Cas9 are made. The first is that continued research will contribute to more scientific accuracy; thus, the precautionary principle should promote regulated research to achieve this aim. The second is that most of the legal and ethical concerns surrounding CRISPR-Cas9 are based on unfounded prejudice emanating from a mystical understanding of the human genome.
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Alemanno, Alberto. "The Science, Law and Policy of Neonicotinoids and Bees: A New Test Case for the Precautionary Principle." European Journal of Risk Regulation 4, no. 2 (June 2013): 191–207. http://dx.doi.org/10.1017/s1867299x00003342.
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Once more, while facing an analogous risk phenomenon affecting their predominantly homogeneous societal and economic interests, the two sides of the Atlantic seem to adopt diverging stances. Amid the publication of several new studies and a set of EFSA scientific opinions linking the use of the world's most widely used pesticides to bee decline, the European Union adopted a temporary ban on their use. While the Commission does not expressly rely on it, its restrictive decision is clearly based on the controversial precautionary principle. Yet, as it is discussed in this article, the conformity of this decision with the requirements that determine the legal invocation of this principle remains doubtful.
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Davies, Haydn. "Investor-State Dispute Settlement and the Future of the Precautionary Principle." British Journal of American Legal Studies 5, no. 2 (December 1, 2016): 449–86. http://dx.doi.org/10.1515/bjals-2016-0016.
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Abstract The proliferation of bilateral investment treaties and investment chapters in trade megatreaties and the associated increase in the preference of investors for investor-state dispute settlement has given rise to concerns that the regulatory sovereignty of both developed and developing states might be compromised. In response to these concerns many trade agreements (including the recently concluded Comprehensive Economic Trade Agreement between the European Union (EU) and Canada) have incorporated provisions designed to protect the regulatory sovereignty of nation states, especially in relation to labour standards, public health, phytosanitary and environmental protection. This paper examines the nature and scope of environmental protection measures in investment chapters and attempts to analyse the extent to which these measures will, in practice, prevent challenges by investors seeking to chill or prevent environmental regulations which might threaten their investments. The analysis concentrates particularly on measures based on the precautionary principle and uses the current EU restrictions on neonicotinoid pesticides as a case study. The paper concludes that the measures included in investment chapters designed to prevent such challenges by investors will not necessarily achieve the desired level of protection for environmental regulatory sovereignty.
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Danėlienė, Ingrida. "Proporcingumo principo taikymas administracinėje ir aplinkos teisėje." Teisė 72 (January 1, 2009): 110–28. http://dx.doi.org/10.15388/teise.2009.0.280.
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Straipsnyje nagrinėjami klausimai, susiję su proporcingumo principo samprata, šio principo reikšme ir vieta administracinėje teisėje bei konkrečioje valstybės valdymo srityje – aplinkos apsaugos teisiniuose santykiuose. Siekiama nustatyti, kokia proporcingumo principo taikymo praktika Europos Sąjungos bei vienos iš Europos Sąjungos narių – Lietuvos Respublikos – aplinkos teisėje ir šią teisę taikančioje teismų praktikoje. Ieškoma atsakymo į klausimą, kokie teisiniai gėriai, vadovaujantis proporcingumo principu, turi būti sveriami administracinėje ir aplinkos teisėje bei kuo šiuo aspektu svarbus proporcingumo ir atsargumoprincipo santykis.The article analyses issues relating to the principle of proportinality, the importance and the place of this principle in administrative law and, specifically, in one of the spheres of state administration – in the legal relations of environmental protection. The aim of the article is to establish the patterns of the application of the principle in the environmental law and the court practice of the European Union and in the Republicof Lithuania, which is a member state of the European Union. The article seeks to answer the question, which legal values are to be weighed on the proportionality scale in administrative and environmental law, also identify the relation of the proportionality and precautionary principles in this context.
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Protásio, Manuel. "The regulation of geoengineering technologies: the case study of cloud seeding." UNIO – EU Law Journal 7, no. 2 (December 31, 2021): 95–105. http://dx.doi.org/10.21814/unio.7.2.4030.
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Climate Change is not a foreseeable future anymore but a glooming present to which laws must react, rather than just prevent it from happening. The current legal framework in the European Union still reflects a preventive and precautionary approach towards the environment and specifically the challenges of Climate Change. This article argues that this preventive approach, based on a strong interpretation of the precautionary principle, hinders the research and development of technologies that can be used to mitigate the current and future effects of Climate Change. Using the case study of cloud seeding, the present paper demonstrates how geoengineering technologies can be seen as cost-effective measures to prevent environmental degradation from Climate Change and how the lack of scientific certainty regarding these technologies should not be a reason to not regulate them.
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Garnett, Kenisha, and David J. Parsons. "Multi-Case Review of the Application of the Precautionary Principle in European Union Law and Case Law." Risk Analysis 37, no. 3 (May 18, 2016): 502–16. http://dx.doi.org/10.1111/risa.12633.
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İbrahim qızı Cəfərli, Ramilə. "Mechanisms for Cooperation of the European Union." SCIENTIFIC WORK 15, no. 2 (March 9, 2021): 84–87. http://dx.doi.org/10.36719/2663-4619/63/84-87.
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The article deals with mechanisms for cooperation of the European Union with nations considered from the scientific point of' view. The author analyzes the details of the European Union technical assistance program for CIS couintries, its aims and positions in the frame of TACIS. Each candidate country that intends to get European Union membership has to follow the common principle and standards. But sometimes in addition to the membership obligations EU member states attitude to the candidate countries may playe great role to get the final result. The article analyzes different European countries attitude to Turkey’s membership as one of the barriers that Turkey faces in the frame of Turkey integration policy to EU. This is explained by the complexity of project co-ordination between the countries in the region, and the economic and political systems in transition countries. Thus, the desire of the commission to use the TACIS program as a tool for regional co-operation and the settlement of existing conflicts corresponds to the existing reality. İn this context, the Nagorno-Karabakh region of Azerbaijan is a clear example of TACIS programs. The expansion of the Armenian TACIS program to Nagorno-Karabakh has been denied by the European Union as it has no consensus by the Azerbaijani government. Key words: European Union, South Caucasus, Central Asia, cooperation mechanisms, economy, politics
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Chrisella, Sharleen Dessyhana. "KOMITMEN UNI EROPA DALAM PEMENUHAN PRINSIP NON-REFOULEMENT TERHADAP NEGARA-NEGARA ANGGOTA (Studi Kasus Krisis Pengungsi di Yunani Pascakebakaran Kamp Moria)." BELLI AC PACIS 7, no. 2 (March 11, 2022): 68. http://dx.doi.org/10.20961/belli.v7i2.59996.
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One of the countries in Europe with the biggest refugee crisis is Greece and triggers the emergence of refoulement. The non-refoulement principle is an absolute form protection for a refugee and must be obeyed by all ratifying countries. On that basis, Greece needs an additional assistance from the European Union as a regional organization that houses most European countries. This study aims to explain the commitment of the European Union in fulfilling the principle of non-refoulement to the refugee crisis in Greece, especially after the fire incident at Camp Moria. This research is a normative legal research with a statute approach and a conceptual approach. The sources of legal materials used are based on 1951 Convention on the Status of Refugees also the non-refoulement principle. The technique of collecting legal materials used is library research and analyzed through inductive analysis techniques. The results showed that the condition of the refugee crisis in Greece especially after the fire at Camp Moria was so alarming where the refugees are in danger of being refoulemented. In dealing with the refugee crisis that occurred in Greece, the European Union has tried to issue policies and decisions but the policies have not been implemented optimally.
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Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Gruziel, Kinga, and Małgorzata Raczkowska. "The Taxation of Agriculture in the European Union Countries." Zeszyty Naukowe SGGW w Warszawie - Problemy Rolnictwa Światowego 18(33), no. 4 (December 28, 2018): 162–74. http://dx.doi.org/10.22630/prs.2018.18.4.107.
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The paper sets out the key principles for taxation of agriculture in selected European Union countries. The theoretical foundations of tax systems in the context of their functions and features specified as desirable in the literature are discussed. EU agricultural taxation systems are presented in reference to optimisation and tax competitiveness. Some shared features of these agricultural taxation systems were pointed out and their division in two basic models (the British model and the continental model), which was presented taking as example the countries in which these models operate. Taxation of income derived from agricultural business activity is a natural direction of changes in tax systems. The tax policy implemented in the European Union countries in relation to agriculture make use of the principle of tax justice to the highest possible extent. The diversity of the tax rules and structures applied in the EU makes it possible to tax agricultural income without limiting the development potential of agricultural enterprises (farms), and often stimulates them. The form of individual tax systems results from numerous economic, social and political circumstances. Special tax treatment of agriculture is expressed through tax construction elements, e.g. right to deduct the value of generated loss or investment expenditure from taxable income.
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Filipovic, Sanja. "Ecological taxes in some European countries." Ekonomski anali 49, no. 162 (2004): 209–24. http://dx.doi.org/10.2298/eka0462209f.
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Production and consumption of fossil fuels is one of the major causes of the green house effect, which is in economics known as a form of ecological externality. Fiscal solution, as one way of internalization of externalities, is based on polluters-pay principle and the imposition of tax on emission. Although the implementation of ecological tax was intensified during the previous decade, fiscal revenues are modest and account for only 5% of the total fiscal revenues of the European Union. Taxes on energetic products, accounting for 76%, are dominant among ecological taxes. Since the EU Directive 82/92 imposes minimum excise rates on oil products, during the last decade Central Eastern European countries have increased excise rates on fossil fuels and fully engaged in the field of ecological policy.
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Vinska, Oksana, and Volodymyr Tokar. "CLUSTER ANALYSIS OF THE EUROPEAN UNION GENDER EQUALITY AND ECONOMIC DEVELOPMENT." Journal Business, Management and Economics Engineering 19, no. 02 (December 22, 2021): 373–88. http://dx.doi.org/10.3846/bmee.2021.15382.
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Purpose – The article aims at discovering classes and clusters of EU member-states considering their levels of economic development and gender equality to foster the enhancement of EU cohesion policy. Research methodology – The methodology includes the grouping by two parameters, economic development and gender equality, and the cluster analysis, the “far neighbor principle”, agglomerative hierarchical classification algorithm and the usual Euclidean distance as the distance between objects. Findings – There are no gender equality laggards among EU member-states. More developed countries belong to gender equality leaders, while there are two gender equality leaders and one gender equality adopter among transition countries. The group of less developed countries consists of six gender equality leaders and seven gender equality adopters. Research limitations – The results of cluster analysis may be impacted by off-shore activity of Ireland and Luxembourg. Practical implications – The EU supranational bodies can use our results to develop more efficient cohesion policy tools to ensure the adherence to the principle of gender equality. Originality/Value – The study is a pioneer one in determining nine classes and five clusters of EU member-states considering their levels of economic development and gender equality, as well as in introducing three types of countries depending on their level of gender equality, namely gender equality leaders, adopters, and laggards.
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Leonelli, Giulia Claudia. "GMO authorisations and the Aarhus Regulation: Paving the way for precautionary GMO governance?" Maastricht Journal of European and Comparative Law 26, no. 4 (August 2019): 505–23. http://dx.doi.org/10.1177/1023263x19855081.
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This article endeavours to assess whether existing case law under the Aarhus Regulation has opened up any opportunities for civil society to challenge the decision that, in the face of scientific uncertainty, genetically modified organism risks meet the intended European Union levels of health and environmental protection. Against this backdrop, it seeks to establish whether the actions of non-governmental organizations under the Aarhus Regulation have resulted in any meaningful review of the Commission’s exercise of its discretion, in accordance with the overarching tenets of the precautionary principle and the aim of a high level of health and environmental protection. Upon an in-depth analysis of the recent TestBioTech cases, the article puts forward an argument for different evidentiary rules and a different standard of review in Aarhus Regulation case law, advocating a clearer distinction between ‘standard’ action for annulment and annulment of a decision to reject a request for internal review. This is argued to be the only way forward to breathe some life into the Aarhus Regulation’s provisions, ensuring some scrutiny of the level of protection achieved and nudging the Commission to take the precautionary principle seriously in the genetically modified organism field.
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Li, Ni, Xiong Wu, and Chun Ming Pei. "Discussion on Precautionary Policy for EMF by Power Transmission and Transformation Project." Advanced Materials Research 356-360 (October 2011): 657–65. http://dx.doi.org/10.4028/www.scientific.net/amr.356-360.657.
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Though the suggestions on health risk assessment of extremely low frequency (ELF) electric and magnetic fields (EMF) by WHO has gradually begun to spread relative effectively among the administrative departments of environmental protection in China, there are still individual media or experts calling for reducing exposure limits to the arbitrary low level in the name of precaution, and endeavoring to affect the government to make decisions or management policies on EMF, with the purpose for their own interest. It has been leading to the increasing anxiety and fear towards EMF of general public. Based on the current status of EMF issue and standard development in China, this paper analyzes the principles of precautionary policies and related precautionary measures on EMF worldwide in combination with the result of risk assessment on ELF EMF and the suggestions for standards on exposure limits by international organizations, and comprehensively considers the practical situation of power transmission and transformation projects to put forward the recommendations. The exposure limits provided in the guidelines or standards by international organizations, such as International Commission on Non-Ionizing Radiation Protection (ICNIRP) and Institute of Electrical and Electronic Engineers (IEEE), is safe enough to protect the health of general public. And for power transmission and transformation projects, the basic restrictions are the essential limits in these guidelines or standards, while the reference levels are just easier to implement in practical for guidance. The set of criteria for precautionary principle provided by European Union could be regarded as the reference for the development principle of precautionary policy, involving proportionality, non-discrimination, consistency, examination of the benefits and costs, examination of scientific developments and so on. Since in fact the EMF by power transmission and transformation projects belongs to weak risk, the core of precautionary policies lies in being no or low cost in practical, especially for new electrical equipments.
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Kovtun, Svitlana, Ilya Shutak, Solomiya Denys, Yurii Semchuk, and Sofiia Kostytska. "Systems of Advocates’ Self-Governance Bodies in European Union Countries." Cuestiones Políticas 40, no. 75 (December 29, 2022): 603–14. http://dx.doi.org/10.46398/cuestpol.4075.36.
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The purpose of the article was to study the experience of self-governance of lawyers in the countries of the European Union EU. On the basis of this material recommendations aimed at improving the advocacy system are provided. Achieving the set goal involved the resolution of the following tasks: a) to reveal the mechanism of functioning of the system of self-government of lawyers in the EU countries and identify its universal features, and; b) to determine the main models of the system of self-government of lawyers in the EU countries. The scope of the study was constituted by public rules, regulated by law, arising in the provision of legal services in the application of the legal profession and the implementation by representatives of its bodies of the right to self-government. The methodological basis of the study consists of general and specific research methods. It is concluded that, the manifestation of the principle of independence of the legal profession and the guarantee of full functioning of the self-governing bodies of bar associations in the EU countries consists in ensuring the freedom of their activities within the legality and its implementation in practice.
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Kegge, Rogier, and Annemarie Drahmann. "The Programmatic Approach: Finding the Right Balance between the Precautionary Principle and the Right to Conduct a Business." Journal for European Environmental & Planning Law 17, no. 1 (January 25, 2020): 76–98. http://dx.doi.org/10.1163/18760104-01701006.
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This article aims to assess whether a programmatic approach could still be a useful legal instrument for the allocation of scarce environmental rights and a legitimate tool for implementing EU Directives. In response to the recent judgment of the Court of Justice of the European Union (cjeu) in the Dutch Programmatic Approach to Nitrogen case, 1 we will examine under what conditions a programmatic approach could be compatible with the precautionary principle and the freedom to conduct a business as protected by EU law. These principles are inextricably linked, and the Member States and the cjeu must find a balance between a high level of environmental protection and the freedom to conduct a business.
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Sanderson, Hans, and Søren Petersen. "Power analysis as a reflexive scientific tool for interpretation and implementation of the precautionary principle in the European Union." Environmental Science and Pollution Research 9, no. 4 (July 2002): 221–26. http://dx.doi.org/10.1007/bf02987494.
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Mancano, Leandro. "Trust Thy Neighbour? Compliance and Proximity to the EU through the Lens of Extradition." Yearbook of European Law 40 (January 1, 2021): 475–514. http://dx.doi.org/10.1093/yel/yeab012.
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Abstract The principle of mutual trust between Member States is key to the functioning of European Union (EU) law. Rooted in sincere cooperation and equality of the Union’s States, that principle is premised on compliance with shared values, interests, and rules. This fosters close cooperation in many areas, such as law enforcement, as exemplified by the European Arrest Warrant Framework Decision (EAW FD). Outside the Union, the presumption is that the principle of mutual trust does not apply. This seems confirmed by the case law on the extradition of EU citizens, with the EU Court of Justice (ECJ) prioritizing intra-EU cooperation over forced transfer of Union nationals to the requesting third countries. As the EU has developed a sophisticated network of relationships with its partners, and neighbours especially, the question arises as to when, if at all, third countries can be trusted, and when that trust can be challenged. By using the benchmark of EU membership as the standard of legal proximity, this article analyses the EU’s relationship with some of its neighbours in cases of extradition. The article creates an analytical framework to tackle unanswered questions around mutual trust and cooperation in criminal matters, and to read into the future of the legal relationship between the EU and some third countries.
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Zeko-Pivač, Ivan. "The role of the European Union macroregional strategies." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 43, no. 1 (2022): 231–45. http://dx.doi.org/10.30925/zpfsr.43.1.12.
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The European Union macro-regional strategies represent a policy framework that aims to enable EU Member States and third countries sharing common interests to better coordinate their potentials in order to make the best possible use of available opportunities. This paper looks into the specificities of four EU macro-regional strategies covering 19 European Union Member States and nine non-EU countries. Given the challenging situation caused by the COVID-19 pandemic, it also considers the future perspectives of EU macro-regional strategies as well as their adaptability to new circumstances. More specifically, it focuses on intergovernmental initiatives and their implementation, underlying the importance of the application of the principle of subsidiarity. In addition, the aim of the paper is to provide a critical overview of the subject by highlighting two pivotal elements. First, it assesses whether the EU macro-regional strategies could be genuinely successful, given the fact that they do not have their separate allocation but use the existing funding instead. Second, it explores the ability of the EU macro-regional strategies to bridge wider EU-level policies on the one hand and local policies on the other. Finally, the idea of the paper is to offer an overview of the state of affairs when macro-regions are concerned.
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Marchuk, M., and L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Bilash, Oleksandr, and Nataliya Shelever. "Constitutional Principle of Justice in Ukraine in Its Genesis and Implementation in Practice." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 1 (July 21, 2022): 55–65. http://dx.doi.org/10.32084/tekapr.2021.14.1-6.
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The authors study the principle of justice in Ukraine, focusing on the problematic issue – the violation of the principle of justice in the administration of law. An example is the decision of the Constitutional Court of Ukraine of 27 October 2020 No. 13-r/2020 on the abolition of electronic declaration of officials, which led to a constitutional crisis in the country. To resolve the situation, the President of Ukraine submitted to the Verkhovna Rada of Ukraine a bill on the dissolution of the Constitutional Court of Ukraine and the annulment of the above-mentioned decision of the Constitutional Court of Ukraine. The situation in the country is of great concern, as Ukraine’s visafree regime with the European Union and Ukraine’s expected membership in the European Union are under threat. Corruption, long-term judicial reform, the constitutional crisis, violations of the principle of justice lead to the outflow of foreign investment from Ukraine, mass migration of Ukrainians to developed countries of the European Union. All these factors hinder the development of the state as independent and democratic. It is concluded that a necessary step for Ukraine’s European integration is not only the declaration, but first of all the implementation of the principle of justice by all branches of Ukrainian power.
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Spahiu, Irma. "Government Transparency in Albania and the Role of the European Union." European Public Law 21, Issue 1 (February 1, 2015): 109–41. http://dx.doi.org/10.54648/euro2015006.
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The recognition of transparency as an essential element of good governance is very important for new democracies because it leads to greater public support for their governments' economic and political decisions. This has been clearly understood by the countries in the Western Balkans which following the fall of communism entered a path of rapid democratization struggling to be opened and transparent. This paper explores transparency and open government in Albania looking at how the Albanian legal administrative framework and practices guarantee the principle of transparency in decision-making and the role the EU in complying with this principle. It introduces the concept of 'transparency through integration' as a model which encapsulates the transparency developments in Albania and Western Balkans and looks at how transparency can be transformed from a principle of good governance to a legalistic instrument holding a place in the hierarchy of legal norms. This research focuses on how transparency becomes part of a policy paradigm which can transform a country's politics from secretive and authoritarian to transparent and democratic. In addition, it suggests that the EU has a role to play as a transformative power to induce positive reforms and improve transparency in the decision-making in Albania.
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Trishch, Roman Mikhailovich, Alexander Sichinava, Vojtěch Bartoš, Andrius Stasiukynas, and Martin Schieg. "COMPARATIVE ASSESSMENT OF ECONOMIC DEVELOPMENT IN THE COUNTRIES OF THE EUROPEAN UNION." Journal of Business Economics and Management 24, no. 1 (January 16, 2023): 20–36. http://dx.doi.org/10.3846/jbem.2023.18320.
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Investment, the entry of foreign firms depends of a large extent on the country’s goodwill, which is reflected in various ratings. This representation of the situation is approximate, as it does not estimate the differences between the values of the indicators with adjacent grades. This can be avoided by dividing countries into homogeneous groups. It is appropriate to do so on the basis of non-linear grouping rather than linear grouping. It is based on the transformation of data into a dimensionless scale and linear grouping. In the case, its homogeneity increases thanks to the levelling of the most distinctive values and the alignment of the statistical characteristics of the groups. The aim of the article is to propose in principle, a new approach to the ranking of countries on the basis of their level of economic development. It was found that the nonlinear decision of countries into homogenous groups and compared to the linear grouping more accurately reflect the current situation.
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KRUSTIYATI, Atik, Sylvia JANISRIWATI, Novela CHRISTINE, and Mokhamad Khoirul HUDA. "Observing European Union Rejection of Indonesia's Crude Palm Oil Exports from the Most Favored Nation and Quantitative Restriction Principles." Journal of Advanced Research in Law and Economics 9, no. 3 (June 15, 2020): 905. http://dx.doi.org/10.14505/jarle.v11.3(49).25.
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Crude palm oil is one of the main commodities exported by Indonesia to several countries, including European Union. The European Union has pushed through several laws regarding climate change, including the Renewable Energy Directive II. The regulation supplementing the Renewable Energy Directive II has also been adopted by the European Commission, making the criteria for determining the high indirect land-use change-risk feedstock in Commission Delegated Regulation (EU) 2019/807. The objective of this paper is to observe if the measure taken by European Union on determining the indirect land-use change-risk feedstock has satisfied the existing WTO trade principles, the principle of most favored nation and the principle of quantitative restriction. The determining criteria in Commission Delegated Regulation (EU) 2019/807 is trade restrictive and discriminating to the export of crude palm oil, as crude palm oil is the only feedstock that falls under the criteria of high indirect land-use change-risk feedstock. The regulation has impact for the consumption of crude palm oil in Member states of European Union should be gradually reduced 0% by 2030 at the latest. As the provision on General Agreement on Tariffs and Trade embodies the principle of non-discrimination, the result of the study shows the Commission Delegated Regulation (EU) 2019/807 has violated the international trade principles. Furthermore, the general exceptions of GATT 1994 contained in Article XX (b) also doesn’t justify the measure.
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Safjan, Marek. "Domestic Infringements of the Rule of Law as a European Union Problem." osteuropa recht 64, no. 4 (2018): 552–60. http://dx.doi.org/10.5771/0030-6444-2018-4-552.
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In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse of the communist system. From that perspective, there is little place for the principle of separation of powers and the independence of the judiciary is threatened. This contribution discusses the multilevel dimension of the rule of law principle in the EU, issues in the context of the disrespect for the rule of law as a case of systemic deficiencies, followed by a brief discussion of the Copenhagen accession criteria. The article concludes that the rule of law principle as recognised under EU law is by no means of a merely symbolic nature, and that domestic legislation abolishing key safeguards of the rule of law can be scrutinized not only under the EU Charter of fundamental rights, where applicable, but also under the TEU. Without the solidarity of all Europeans, however, the preservation of our basic values and the future of the EU are in serious danger.
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Seeliger, Martin. "(Counter-)Narrating European integration." Communication & Language at Work 7, no. 1 (December 7, 2020): 111–22. http://dx.doi.org/10.7146/claw.v7i1.123263.
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In order to maintain social standards within the European Union, trade unions have to overcome national differences to form common political positions. Especially against the background of the recent enlargement rounds, the crafting of such positions has become a daunting task. In this context, the European Services Directive has posed an important challenge to trade unions: The so-called ‘country of origin principle’ implied that workers were supposed to be employed in line with the standards of the sending- and not the receiving country. After lengthy discussions between representatives from Eastern and Western Europe, the trade unionists managed to form a joint political line and forced the European Commission to remove the principle. In order to challenge the hegemonic neoliberal narrative of the common market bringing freedom and prosperity to the countries of Europe, the article will show how the counternarrative of a European Social Model served as a reference frame for this joint position.