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Biletskyy̆, V. O., and V. M. Chenchyk. "PRE-PROCEDURE ACTIVITIES OF LAW ENFORCEMENT BODIES OF THE EUROPEAN UNION COUNTRIES." Juridical scientific and electronic journal, no. 2 (2024): 394–97. http://dx.doi.org/10.32782/2524-0374/2024-2/97.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Davinić, Marko, and Vuk Cucić. "Europeanization of General Administrative Procedure in Serbia." Review of Central and East European Law 46, no. 2 (May 27, 2021): 153–78. http://dx.doi.org/10.1163/15730352-bja10045.
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Abstract Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies of European influence in the drafting process. Two main shortcomings thereof were the false deregulation and debureaucratization of gapa and the ‘one-size-fits-all’ approach applied in all the countries of the Western Balkan region, in spite of inherent differences in their legal systems. The purpose of the criticism given in the paper is to avoid the same issues in the future, during the process of harmonization of Serbian law with the acquis communautaire.
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Kovbas, Igor, and Pavlo Krainii. "Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study)." Problems of legality, no. 163 (December 28, 2023): 93–110. http://dx.doi.org/10.21564/2414-990x.163.292358.
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The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine "On Administrative Procedure".
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Krausenboeck, Maria. "DER RENEUAL MODEL DRAFT FOR AN ADMINISTRATIVE PROCEDURE LAW – BACKGROUNDS AND CURRENT SITUATION." Administrative law and process, no. 3(26) (2019): 72–76. http://dx.doi.org/10.17721/2227-796x.2019.3.04.
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The paper focuses on administrative law reform within the European Union and raises this problem in the Central Asia countries: as EU advances with its codification and structuring on the existing principles and institutions, the countries of Central Asia start from scratch. A group of academics within the Research Network on European Administrative Law (ReNEUAL), starting with comparative law method, tries to use national administrative procedural laws, case law and principles of the administrative procedure of the European and national courts, as well as the relevant soft law, especially the “Ombudsprudence” aims, taking into account new communication technologies, at developing a relevant draft law. In its independent work between 2009 to 2014 the ReNEUAL network specified the constitutional principles for administrative procedures, naming proposed draft “self-administration law”. It deals with institutions, bodies, offices and agencies of the European Union in their relations with the public as well as various cross-cutting issues: rules on the consequences of procedural errors, use of undefined legal terms, optimization of the rules for complex processes. European Parliament’s legal committee made some reference to the ReNEUAL draft and also sought advice from members of the network. Later draft from Parliament, seen as less ambitious, stays within the basis of the currently applicable EU treaties, whereby the ReNEUAL draft would sometimes require changes to the treaty. The proposed ReNEUAL builds transparent basis for exercising human and citizen rights, helps ensure transparency and consistency of the EU administrative institutions. It could also serve as a catalyst for the reform of national administrative procedural laws. The European Commission not convinced that EU administrative law could be summarized in a single legal document, asked for a cost-benefit analysis and impact assessment and publicly consulted on the codification of EU administrative procedure from 15.12.2017 to 09.03.2018, publishing results in July 2018.
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Pohoretskyi, M. A., and Ye I. Lysachenko. "ADMISSIBILITY OF EVIDENCE IN THE CRIMINAL PROCEDURE LAW OF THE EUROPEAN UNION AND ITS IMPACT ON CRIMINAL JUSTICE IN UKRAINE." Herald of criminal justice, no. 3-4 (2022): 20–34. http://dx.doi.org/10.17721/2413-5372.2022.3-4/20-34.
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The article is devoted to the study of admissibility of evidence in the criminal procedural law of the European Union and its impact on criminal justice in Ukraine. Authors analyze the legislative regulation and scientific approaches to determining the admissibility of evidence in European countries. The article establishes that there is no unity among the EU member states in determining the legal nature of the admissibility of evidence in criminal proceedings, namely: there are legal systems that strictly filter the information admitted to the trial (the so-called «controlled systems»), and legal systems that leave it to the discretion of the judge to assess the expediency of ignoring illegal evidence («free evidence systems»). Beyond this general distinction, evidence laws vary considerably among countries. As well as the rules of obtaining and admissibility of different types of evidence (witness testimony, interception of telephone conversations, etc.). Authors emphasize that with the increasing volume and importance of cross-border investigations in the European Union, ensuring the admissibility of evidence obtained in another Member State becomes crucial for both effective law enforcement and the protection of fundamental rights. National prosecuting authorities often investigate crimes in which part of the evidence is located abroad (a witness is abroad, the crime was committed by passing through a foreign territory, the offender crossed the border, or the crime was committed in a digital environment, etc.) In accordance with Article 6 of the European Convention on Human Rights (ECHR) and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, it is necessary to ensure that evidence obtained during cross-border investigations does not lead to its illegal or unfair use. It is concluded that the implementation of international standards, the study of the judicial practice of the European Union and the results of the work of scientists will contribute to the updating of the criminal procedural legislation of Ukraine, but it is important to take into account the national peculiarities of criminal proceedings
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Stoian, Andreea, Laura Obreja Brașoveanu, Iulian Brașoveanu, and Bogdan Dumitrescu. "A Framework to Assess Fiscal Vulnerability: Empirical Evidence for European Union Countries." Sustainability 10, no. 7 (July 16, 2018): 2482. http://dx.doi.org/10.3390/su10072482.
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Following the financial crisis of 2007 and the sovereign debt crisis in 2010 that affected the soundness and reduced the strength of public finance in European countries, there has been a growing interest in developing methodologies to the help assess and signal the vulnerability of fiscal policy. Therefore, the aim of this study is to develop a new framework (V-L-D) to assess fiscal vulnerability. V-L-D represents a new methodology on the measurement of fiscal vulnerability that relies on the assumption that vulnerability can occur even during calm times. In comparison with previous methodologies that studied fiscal vulnerability around crisis and fiscal distress times, our framework investigates fiscal vulnerability near fiscal adjustments episodes. Our methodology relies on two distinct indicators: one showing the vulnerabilities indicated by the level of the cyclically adjusted budget balance and distance-to-stability, and one showing the vulnerabilities pointed out through the changes of the cyclically adjusted budget balance and public debt. V-L-D is able to classify fiscal vulnerability into five distinct categories having scores from 0 (no fiscal vulnerability) to 4 (extreme fiscal vulnerability). Using annual data ranging over 1990–2013 for 28 European Union countries, we evidenced 310 episodes of fiscal vulnerability, out of which 128 episodes of low vulnerability, 94 of moderate, 62 of strong, and 26 of extreme fiscal vulnerability. We also found that over 2004–2013, Greece, Portugal, Romania, United Kingdom, Ireland, Spain, and Slovenia were the most fiscally vulnerable countries in the Union. United Kingdom and Greece went through the longest episodes of fiscal vulnerability, counting 12 and 11 consecutive years, respectively. We tested our framework’s effectiveness against the Excessive Deficit Procedure. We found that the overall performance is good: V-L-D assessed moderate fiscal vulnerability during the procedure, strong fiscal vulnerability in the first year when procedure was initiated, and extreme vulnerability one year before the initiation.
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Slepak, V. Yu, and M. E. Romanova. "Legal Aspects of Export Control over the Movement of Arms and Military and Dual-Use Products in the European Union: Current State and Problematic Issues." Actual Problems of Russian Law 16, no. 7 (July 30, 2021): 168–78. http://dx.doi.org/10.17803/1994-1471.2021.128.7.168-178.
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The paper explores the issues of export control, their regulation in the law of the European Union; considerable attention is given to differences in the status of military and dual-use goods. Approaches to the harmonization of export of weapons regulation, as well as to the unification of legal provisions on the export of dual-use goods are considered. An analysis of acts of primary and secondary law governing both the movement of military and dual-use goods within the European Union and their export to third countries is carried out. The authors conclude that the European legislator uses similar mechanisms, which allows us to speak about the formation of a unified model of legal regulation in the areas under consideration. Particular attention is given to the procedure for obtaining licenses and permits within the framework of export control to the EU. The paper scrutinizes the characteristic features of customs declaration for military and dual-use goods export, and specifically analyses the procedure and grounds for the suspension of the release of such goods. The paper also discusses the features of checking permits and licenses when exporting military and dual-use goods.
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Hartley, Trevor C. "The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws." International and Comparative Law Quarterly 54, no. 4 (October 2005): 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Goncharova, A. V. "European rules of liability for inherited debts experience for Ukraine." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 39–42. http://dx.doi.org/10.24144/2788-6018.2021.03.6.
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This research examines the procedure for establishing liability for inherited debts of the testator. It is noted that the inheritance law of some European countries is undergoing transformation. Discussions on the future of inheritance law in Europe have not yet been completed, and it remains to be seen whether it has begun at all. One of the key issues is the area of liability for inheritance debts, which is present in any system of inheritance law and occupies an important place.
The article highlights the main problems of European practice on the basis of Polish law and suggests that this may be the starting point for resolving this issue on a wider European scale. Modern problems are caused by the fact that most of the principles of settlement of inheritance law were borrowed from Roman private law. Daily practice shows that the solutions developed by the legislator are not always able to satisfy modern realities. Disputes over the settlement of inheritance relations are particularly noticeable in countries that have historically been part of the so-called Eastern bloc. In the light of the ever-growing demand for the unification of substantive law, inheritance in the European Union, as well as the entry into force of Regulation (EC) № 650/2012 of the European Union and the creation of a European Certificate of Inheritance, it is interesting to study. Debt inheritance research is currently lacking in a study by scholars.
We state the fact that inheritance law is a branch of civil law. In some countries, there is a principle that no one should maintain an inheritance against their own. Legislators create opportunities for potential heirs in different ways. Therefore, we propose to create a mechanism in legal systems that uphold the principle of universal succession, according to which the passive attitude to the inheritance of any heirs is equated to the submission of an application for acceptance of the inheritance. In fact, this is natural, as renunciation of inheritance is less common in practice than acceptance.
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Rozenfelds, Jānis. "Liability for Unlawful Use of a Trademark." Journal of the University of Latvia. Law 15 (November 16, 2022): 176–91. http://dx.doi.org/10.22364/jull.15.12.
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The aim of this report is to provide a brief overview of litigation over trademark violations from 2014 until 2019. This period is significant for at least two reasons: first, the beginning of this period coincides with a decade since the accession of several East European countries, including Latvia, to the European Union; second, the end of this period coincides with the end of application of the Law On Trademarks and Indications of Geographical Origin of 1999, which was replaced by a new law enacted on 6 March 2020. The procedure for the opposition process as part of trademark registration was reformed as the Law on Industrial Property Institutions and Procedures came into force on 1 January 2016. Although reform of trademark registration and the opposition procedure did not have a direct impact on trademark rights already in place, it could be anticipated that protection of trademark rights as established since 2016 would be more robust and the peculiarities of the previous period would be extinguished. As litigation over the registration and opposition procedure lags behind the filing of applications for registration of trademarks, no cases have been heard over applications filed under the new system, i.e., after 1 January 2016.
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Korneva, P. M. "Conflicting regulation of relations in the field of medical tourism: the experience of the European Union." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 364–69. http://dx.doi.org/10.24144/2307-3322.2021.65.66.
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The article is devoted to the study of the peculiarities of the conflict regulation of relations in the field of medical tourism in the European Union. The author analyzes the concept of «medical tourism» and other terms used to denote the phenomenon of travel of persons to foreign countries to receive medical services («cross-border healthcare», «medical tourism», «medical travel»). The article analyzes the regulation of the EU-member states and supra-national regulation of private law aspects in the field of medical tourism. In particular, the peculiarities of receiving medical care by citizens of the European Union, which are regulated with the Directive of the Euro-pean Council and the Parliament 2011/24 / EU on the application of patients’ rights in cross-border healthcare. The author concludes that the conflict regulation of medical tourism in the European Union is based on the general conflict rules on the conclusion and implementation of contracts in the field of services and insurance, as well as compensation for damage caused by improper performance of contracts or civil offenses (torts), resolving conflicts of jurisdiction, etc. Special conflict regulation of relations in the field of medical tourism in the European Union is not developed. At the same time, the author emphasizes the significant gaps in the conflict regulation of certain issues related to medical tourism, especially such debatable as cross-border surrogacy, organ transplantation, eutha-nasia and others. The author supports the view that for the countries of the European Union today in the context of medical tourism for the purpose of surrogacy in countries where such a procedure is legal, relevant today are issues of conflict regulation, such as determining the nationality of the child; recognition of paternity (origin of the child); recognition of birth certificates of a surrogate mother issued in other countries.
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Gudz, Liudmyla. "Local referendums in the European Union and Ukraine: comparative characteristics." 33, no. 33 (June 28, 2022): 44–51. http://dx.doi.org/10.26565/2075-1834-2022-33-04.
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Introduction. The article formulates proposals to improve the effectiveness of legal regulation of the institute of local referendum and involvement of citizens in the implementation of local self-government on the basis of comparative legal analysis of the legal regulation of local referendum in the European Union and Ukraine. Summary of the main research results. In EU countries, unlike national referendums, local referendums are held on the territory of a subject of the federation, autonomous entity, or administrative-territorial unit. Such referendums address issues of local importance. The procedure for legislative consolidation of the local referendum in the EU countries is possible at three levels: constitutional, national legislation, and local. In Ukraine, the normative regulation of local referendums is carried out at two levels: constitutional and legislative levels. Currently, holding local referendums in Ukraine is impossible due to the lack of a special law in this area. The main types of referendums are characterized. Conclusions. As a result of the analysis, it is proposed that in order to improve the effectiveness of legal regulation of the institute of the local referendum and eliminate the "legal vacuum" in this area, it is necessary to adopt a separate Law "On Local Referendum". Draft Law No. 5512 "On Local Referendum", which was registered in the Parliament on May 19, 2021, needs to be improved, namely, to regulate the possibility of holding a local referendum both at the municipal (local) level and at the regional level, that is, at the level of the region, district and the Autonomous Republic of Crimea to address issues of common interest to these communities; not all local referendums should be mandatory; the division of local referendums into mandatory and consultative ones may depend on the quorum of participation, for example, if the turnout is 50% percent or more - mandatory, consultative - if the turnout is less than 50%; to solve the problem of financing local referendums, to provide a mechanism for partial compensation of expenses from the state budget
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Arana García, Estanislao. "ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION: TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE." Administrative law and process, no. 2(25) (2019): 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.
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Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary to: 1) analysis the creative solutions of the agencies courts; 2) verify the performance of agencies through the information provided by themselves; 3) discuss the judicial decisions from a scientific perspective. This process has been implemented through direct contact with experts and professional actively involved at these European administrative courts. Results. EU law is haphazardly creating a system of administrative review that is in many cases a pre-condition to judicial review. This system is most evidently manifesting itself in the application of EU law by administrative agencies. For this purpose, some of the EU’s most important agencies have created specialised bodies known as boards of appeal. These objective and independent bodies have the power to review the decisions of the agency they form part on based on both questions of law and fact. The paper aims to establish a critical vision of the role that new judicial forms are developing and the importance of to reach a specialized criterion for solving technically increasingly complex issues. Conclusions. The board-of-appeal model has proven a successful one as it offers parties a low-cost and effective way of having their complaints resolved without having to go to the European Union Court of Justice. Lastly, there appears to be a need for the European Union to, as it is currently doing with administrative procedure, establish a common set of rules for this emerging remedy for reviewing European administrative acts.
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Voronko, Oleksii. "APPLICATION OF ASTRENT UNDER THE LEGISLATION OF CERTAIN COUNTRIES OF THE EUROPEAN UNION AND RUSSIA." Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi, no. 8 (December 26, 2019): 127–34. http://dx.doi.org/10.33098/2078-6670.2019.8.20.127-134.
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Purpose. The purpose of the article is to study the content and comparative analysis of the mechanisms for the use of asthma in France, the Benelux countries, Germany, Italy, Portugal, Russia, as well as its regulation by EU legislation. Method. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The study used the principles of objectivity and integrity, as well as general scientific, special legal and philosophical methods of scientific knowledge: induction, deduction, analysis, synthesis. Comparative, functional and legal. Results: The study found that an asthma was a means of influencing a debtor to fulfill his obligations voluntarily. This remedy is based on the idea that the prospect of paying a higher sum than that arising from the obligation should force the debtor to execute the decision without delay. Over time, the use of astringent has proven to be particularly effective in enforcing binding decisions and in taking action to secure a claim or evidence. An asterant is an indirect way of enforcing a judgment and acts as an influence or pressure on the obliged party to enforce the court decision. In this case, the payment of the asthma does not release the debtor from the obligation, which is confirmed by the executive document. Scientific novelty. Analyzing the international experience, it is argued that it is advisable to use the astringent procedure in the Ukrainian civil law. Practical significance. The results of the study can be used in law-enforcement and law-enforcement activities in the investigation of crimes related to financial misconduct.
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TKACHOVA, Viktoriia, and Pavlo LAVRYK. "Law of Ukraine “On administrative procedure”. First critical comments." Economics. Finances. Law 6/1, no. - (June 29, 2022): 28–32. http://dx.doi.org/10.37634/efp.2022.6(1).6.
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The paper examines in detail the way to develop the Law of Ukraine "On Administrative Procedure", which began in 1998. It is noted that the adoption of this Law was hampered by the Soviet past of Ukraine and the lack of awareness of the importance of adopting this legal act. The adoption of the law on administrative procedure in the post-Soviet space at the beginning of the XXI century, the experience and concept of this law in some European countries are analyzed. It is noted that Ukraine has repeatedly noted the priority and need to develop the provision of administrative services and the adoption of a law on administrative procedure in accordance with European standards. It was emphasized that Ukraine has come a long way before the adoption of the Law of Ukraine "On Administrative Procedure", which was signed on June 13, 2022. The repeated presidential veto has become such an obstacle to the adoption of this Law. The paper explains why this version of the Law was approved by international commissions. There are always objections to any law and this case is no exception, so we analyzed three main shortcomings of this law, namely: giving administrative bodies "quasi-judicial functions", the possibility of causing harm to a person by confiscating property due to administrative error and the court's ability to decide , which body is competent to decide the case. However, it should be noted that these shortcomings did not prevent the adoption of this law on June 13, 2022. In conclusion, it was emphasized that the adoption of the Law of Ukraine "On Administrative Procedure" is one of the outstanding achievements of our country, and despite the presence of certain serious shortcomings, it will be very useful for Ukrainian society.This Law will help bureaucratize public administration in general and its individual components (bodies) and bring Ukrainian legislation closer to the standards of the European Union.
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Lubyagin, Mikhail S. "On some features of regulation and activities of investigation teams formed in the law enforcement agencies of European states." Ugolovnaya yustitsiya, no. 20 (2023): 111–18. http://dx.doi.org/10.17223/23088451/20/19.
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The author examines European states' criminal procedural and departmental laws that regulate the organization and implementation of the activities of investigation teams. He analyzes to the positions of several scientists who have studied the organization of joint investigation teams in the territory of the European Union, reveals the distinctive features of the normative regulation of these teams' activities, investigates the significant differences in organizing investigation teams in European countries from a similar process under Russian criminal procedure laws. The author identifies the positive aspects in the organization and implementation of joint investigation teams' activities and some organizational and procedural shortcomings in the regulation of the activities. The author notes an aspect important at the present stage - the digitalization of criminal proceedings in the activities of the investigative authorities of European states. Separately, he discusses the positive aspects and some problems of organizing investigation teams in Sweden and Finland - European states that are not members of the European Union. The author proposes to consider the introduction of certain activities of investigative teams of European law enforcement agencies in the law enforcement practice of organizing activities of investigative teams of investigative agencies of the Russian Federation in order to increase the efficiency, objectivity, and quality of crime investigation.
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Dean, Janice. "Ideal Type Organisations and Company Law in Europe." European Business Law Review 23, Issue 4 (July 1, 2012): 461–82. http://dx.doi.org/10.54648/eulr2012026.
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Different national cultures within Western Europe have very different models of what constitutes a 'well-functioning organisation'. Looking at the nations with the largest economies in the European Union (the French, Germans, Italians and British), the author considers how some of these different models (the 'pyramid', the 'machine', the 'family' and the 'market') have influenced the company laws of the countries in which they are prevalent. The piece then considers the implications for European Union company law of the variations between the predominant national models. Strengths and weaknesses of the various ideal types of organization and other possible models are considered. This article will examine companies in the quartet of European Union countries which have an annual GDP exceeding 1.5 trillion euros: Germany, France, the UK and Italy. Very broadly, two of them, France and Italy are Southern European (traditionally mainly Catholic) in culture as well as geographically, the other two are Northern European (historically mainly Protestant). The four nations remain diverse in economic structure, and particularly in average company size and the use of capital markets, although (with Germany being much the largest) the scale of the economies is similar. These major European Union countries also have different pre dominant models of effective corporate organisation, regulation and management. The discussion will contend that the diverse sets of regulations in part stem from, and are connected to, varied models of what constitutes a 'well-functioning organisation' in the four nations. These pervasive 'ideal types' of the effective organisation might be expected to influence what governments, shareholders and other stakeholders expect of the major companies and how corporate leaders behave. In the European Union, it is argued that national cultures, including views of what constitutes a well-functioning organisation, still provide the basis for social interaction including business activity. Some implications of these underlying differences of perspective for greater co-ordination of company law at European Union level will also be addressed. The strengths and weaknesses of the various 'ideal types' of organisation will be considered. Finally, some possible alternative conceptions of the 'well-organised' company in the 21st Century will be discussed. The continuing diversity of national cultures between Germany, France, the UK and Italy is reflected in their nationals' preferred ways of conceptualising organisations, including major business organisations. Hofstede quotes Owen J Stevens' study at INSEAD Business School - "The majority of the French tended to resolve [a conflict] by referring to the hierarchy; the British, through horizontal negotiation; and the Germans, through the establishment of procedures. Stevens identified the implicit model of a well-functioning organization for the French as a pyramid, that for the British as a (village) market, and that for the Germans are a well-oiled machine." As far as Italy is concerned, the 'family' model remains most salient. These observations led the current author to further examination of those models in the national contexts as they connected to company law. Questions of the adequacy or otherwise of those mental pictures also arose.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Kaveshnikov, N., and A. Domanov. "Factors Behind Legislative Duration in the European Union." International Trends / Mezhdunarodnye protsessy 20, no. 1 (2022): 80–108. http://dx.doi.org/10.17994/it.2022.20.1.68.3.
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This article investigates the impact of various institutional factors on the duration of legislative process negotiations in the European Union. The empirical data consists of EU secondary law directives adopted in 1990-2019 (1124 directives). We use the methodology of survival analysis (Cox model). We detected that after 2004 the rules of voting in the Council (unanimity or qualified majority) do not affect the duration of the legislative process; this conclusion changes the traditional vision of the functioning of the Council. We prove that of all the EU enlargements, only that of 1995 has influenced the legislative process and slowed it down. Other EU enlargements, including one in 2004 when 10 CEE countries joined the EU, did not show a significant impact. We demonstrate that of all basic treaty reforms that have taken place since 1990 only the Amsterdam Treaty has accelerated the decision-making process. In addition, we conclude that the Interinstitutional Agreement of 2007 between the Council and the European Parliament had a stronger impact on the legislative process than most treaty reforms. It favoured the acceleration of decision-making by consolidating cooperative practices between EU institutions based on trilogues. Besides, the study confirms some previous conclusions tested on the new dataset: more active involvement of the European Parliament in the legislative process (ordinary legislative procedure), the novelty and complexity of the act slow down the decision-making process.
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Movchan, Roman, Oleksandr Dudorov, Andrii Vozniuk, Vitalii Areshonkov, and Yuriy Lutsenko. "Combating commodity smuggling in Ukraine: in search of the optimal legislative model." Revista Amazonia Investiga 10, no. 47 (December 17, 2021): 142–51. http://dx.doi.org/10.34069/ai/2021.47.11.14.
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The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.
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Kirilenko, V. P., and E. V. Pavlova. "Regulation of Cross-Border Insolvency in the EAEU Law." EURASIAN INTEGRATION: economics, law, politics 17, no. 2 (July 6, 2023): 111–20. http://dx.doi.org/10.22394/2073-2929-2023-02-111-120.
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In the context of the development and expansion of the Eurasian Economic Union, the dynamically developing system of integration relations in the Eurasian space on the one hand, and the collapse of Russia’s economic integration in the European Union, the regulation of the institution of cross-border bankruptcy in the law of the EAEU are becoming particularly relevant and require urgent consideration of the issues of legal regulation of insolvency (bankruptcy) with a foreign element in the territory of the EAEU.Aim. To reveal the main problems of legal regulation of cross-border insolvency in the Eurasian region.Tasks. It is proposed to consider models of regulation of cross-border insolvency on the example of Regulation of the European Union No. 2015/848 of 20.05.2015. on insolvency proceedings and the UNCITRAL Model Law on Cross-Border Insolvency, to analyze the relevance of the considered sources of law, to present the main elements of the concept of development of regulation of cross-border insolvency in the EAEU.Methods. The methodological basis of the research is based on a systematic approach and general scientific methods of retrospective analysis, comparative analysis, induction and deduction, generalization, grouping of information, comparative legal analysis of international law in the field of cross-border insolvency.Results. The proposed approach by studying the established international practice of regulating insolvency cases with a foreign element, comparing the bankruptcy legislation of the EAEU countries, trends in the current international economic and political situation will solve the problems of forming sources of legal regulation of cross-border bankruptcies in the territory of the EAEU countries, the creation of the Eurasian Institute of Cross-Border Insolvency of a mixed model for the exequatur recognition of bankruptcies with a foreign element on the model of the UNCITRAL Model Law on CrossBorder Insolvency of 1997, with the procedure for determining international jurisdiction and applicable law - on the model of Regulation of the European Union No. 2015/848 of 20.05.2015.Conclusion. The presence of clear, transparent, acts regulating cross-border bankruptcies on the territory of the EAEU as a whole, and not within the framework of local phenomena of individual insolvency proceedings with a foreign element on the territory of individual member states of the integration association is a guarantee of investor confidence, as a result — the spread of foreign direct investment, the opening of capital markets, the creation of supply chains and contractual networks, the creation and development of multinational enterprises, economic growth in the countries of the association, as well as the growth of the attractiveness of the EAEU for new member countries with a positive assessment of the prospects in case of accession.
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Kamensky, D. V. "Criminal liability for violation of the abortion procedure: comparative legal aspect." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 582–87. http://dx.doi.org/10.24144/2788-6018.2023.06.102.
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The research paper is devoted to the coverage of some pressing issues of the criminal law response to illegal abortion from the standpoint of applying the comparative research method. In particular, it has been shown that at the current stage of the development of Ukrainian law, the comparative legal method acquires a special meaning and practical significance, especially in the context of the analysis of issues of the Special Part of the Criminal Law.
Positions of domestic and foreign authors who defend the position that comparative jurisprudence, in addition to the performance of purely scientific tasks, is aimed at achieving specific practical results, in particular: 1) unification of legislation, i.e. promotion of unification of legislation of different countries in priority areas - where there is a need for a consolidated approach, particularly in the field of criminal law; 2) improvement of national legal systems - this is about developing proposals for improving national legal systems based on a critical and comprehensive study of the positive legal experience of other countries.
According to the results of the author's study of the relevant provisions of foreign legislation, there is a lack of a clearly defined and unified approach to the legal regulation of artificial termination of pregnancy. It was established that in some countries abortions may be allowed, in others they are allowed only under certain circumstances, while in others they are prohibited altogether. The thesis is expressed that the difference in approaches to the legal regulation of artificial termination of pregnancy is also reflected in different approaches to the criminal-legal protection of the rights of a pregnant woman, in particular the right to life, health, freedom and other aspects related to the performance of abortions.
Based on the research results, the author's conclusion was formulated that in order to improve the mechanism of criminal law regulation of a woman's right to abortion in Ukraine, it is scientifically and practically required to take into account the relevant experience of the countries of the European Union, primarily the Republic of Poland and the Federal Republic of Germany - this will contribute to adequate transformation and improvement of domestic legislation in the context of active European integration.
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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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Gvozdevičs, Andrejs. "Prasības nodrošinājuma iespējamie procesuālie risinājumi Latvijā: salīdzinājums ar Lietuvas, Igaunijas un Krievijas Federācijas pieredzi." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 16 (2020): 49–63. http://dx.doi.org/10.25143/socr.16.2020.1.049-063.
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Rakstā tiek analizēts prasības nodrošinājuma regulējums atsevišķās valstīs Eiropas Savienībā (Lietuvā, Igaunijā) un ārpus tās (Krievijā), salīdzinot prasības nodrošinājuma procesuālos risinājumus ar Latvijā spēkā esošo prasības nodrošinājuma tiesisko regulējumu, tādējādi izkristalizējot procesuālos problēmjautājumus un norādot uz nepieciešamību izdarīt grozījumus Latvijas Civilprocesa likumā [1]. The article analyses the regulation in some European Union countries (Lithuania, Estonia) and outside it (Russia), comparing procedural solutions of securing a claim with the legal regulation of securing a claim in Latvia, thus crystallizing procedural issues and pointing to the necessary amendments to the Civil Procedure Law of Latvia.
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Bree, Axel. "The Organisation of Waste Management in the European Union Member States." Journal for European Environmental & Planning Law 2, no. 6 (2005): 478–89. http://dx.doi.org/10.1163/187601005x00471.
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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
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Gil, Carlos, Pedro Pascual, and Manuel Rapún. "Regional Allocation of Structural Funds in the European Union." Environment and Planning C: Government and Policy 20, no. 5 (October 2002): 655–77. http://dx.doi.org/10.1068/c21m.
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Economic disparities among the regions of the European Union are more pronounced than among countries. Structural Funds have played a crucial compensatory role, promoting the economic development and real convergence of lagging regions. The amount of resources destined to regional policy and the conflicts arising from its funding and distribution create the need for an adequate theoretical foundation or model to help politicians solve the distribution problem. In this paper we propose an empirical procedure to carry out and evaluate different distributions of funds for the periods 1989 – 93 and 1994 – 99. We begin with the estimation of an augmented production function to permit the calculation of the expected GDP per capita. We then propose a nonlinear programming method to simulate alternative distributions of Structural Funds among Objective 1 regions, based upon two different approaches: equal development, and equal opportunities. For these two approaches we calculate different possibilities, ranging from highly efficient to highly equitable, with the result that we are able to show the ‘frontier’ of optimal distributions. Finally, we evaluate these results and compare them with the real distribution.
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Čović, Ana. "The influence of judicial practice on the legislation in the sphere of LGBT community rights." Socioloski pregled 55, no. 3 (2021): 690–713. http://dx.doi.org/10.5937/socpreg55-32553.
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In the light of the announced adoption of the Law on Same-Sex Unions, the question arises whether the draft law is in accordance with the Constitution, especially after the announcements that the law will not be signed. Although the Constitution specifies that marriage is a union of a man and a woman, experts point out that in this case it is not a law on marriage and family, nor does it provide for the possibility of adoption of children by same-sex couples, but that it regulates property, health, pension and other legal relationships of same-sex partners living in the union. At the same time, many public figures have invited traditional religious communities to react in order to defend the "right to freedom and future of the people", emphasizing that contentious issues related to the regulation of mutual rights and obligations of same-sex couples could be resolved by amending the existing laws in those areas. In the countries where similar laws exist, case law has played a significant role, just as various medical and psychological associations. The European case law is not uniform, and cases often end before the European Court of Human Rights, while in the United States at the federal level, all anti-homosexual laws are repealed by a Supreme Court decision (Lawrence v. Texas, 539 U.S. 558 [2003]). Nevertheless, there is no single law in this area and the rights of same-sex couples vary from country to country. The paper will provide an overview of significant court decisions in this area in European countries, as well as the decisions of the US Supreme Court, which may lead us to think about the possible legal consequences of (non)adoption of the disputed Law on Same-Sex Unions, about procedures that could be initiated if partners decided to request judicial protection for the purpose of recognizing their guaranteed human rights, as well as the content and significance of such court judgments.
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Lee, Bo Yeon. "Subsidiary Protection of the European Union and the Case Law of the Court of Justice of the European Union." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, no. 1 (June 30, 2022): 169–200. http://dx.doi.org/10.34267/cblj.2022.33.1.169.
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Complementary (or subsidiary) protection refers to the international protection provided outside the system of the Geneva Convention. Refugees who cannot return to their home countries due to violence or inhumane treatment but does not fall into the the legal definition of the Convention may be granted complementary protection status. Korea provides the humanitarian residence permit as a complementary protection. However, the Refugee Act has a few provisions on a humanitarian stay permit. This article examines subsidiary protection in the European Union which established the Qualification Directive (QD) and the case law of the Court of Justice of the European Union (CJEU) regarding the Directive.
The QD provides refugee and subsidiary protection as a form of international protection. The objective of the Directive is to introduce the unified standards for determining who qualifies as a refugee or as a person eligible for subsidiary protection, and the content of international protection.
Additionally, it was intended to equalize the legal status of subsidiary protection to refugee. The CJEU confirmed that the goal of the QD is to provide adequate protection to those who meet the requirements for international protection. The CJEU did not overlook the independent characters of the Directive, while taking into account the interpretation of other international treaties and the ECtHR.
The Korean humanitarian residence permit system is not sufficient to fully revive the intent of complementary protection. To accomplish the purpose of international protection, it is required to draw clear rules regarding a humanitarian residence permit in the Refugee Act. It is also necessary to present clear requirements and application procedures for the permit, and to guarantee the status of humanitarian residents.
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Meijer, Frits, and Henk Visscher. "Quality control of constructions: European trends and developments." International Journal of Law in the Built Environment 9, no. 2 (July 10, 2017): 143–61. http://dx.doi.org/10.1108/ijlbe-02-2017-0003.
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Purpose This paper aims to evaluate the quality control systems for constructions in seven countries in Europe with the purpose to trace innovative approaches and best practices that can serve as examples for other countries. Design/methodology/approach The paper is based on a series of research projects carried out over a number of years. The research results were updated in 2016 with a desktop research project in seven European countries. The results from this latest project form the heart of this paper. The information is organised into tables that describe and analyse the main features of the quality control systems of the countries (e.g. scope, focus and main characteristics of the procedures and quality demands on building professionals). Findings Several similar trends can be recognised in the quality control systems of the various European Union (EU) countries. Quality control is getting more and more privatised and the control framework is setting checks and balances throughout the construction process. Other findings are that scope and focus of the statutory control is unbalanced. Within the control processes emphasis is put on the safety aspects of complex constructions. Far fewer demands are made on the quality of the builders. Re-orientation of the building regulatory framework seems to be needed. Research limitations/implications The paper only focusses on European countries where private quality control is established and on selected topics. The findings are based on desktop research and not on the practical experiences of the stakeholders involved in the countries studied. Practical implications The paper draws some important recommendations for policymakers in the building regulatory field. It suggests both an enhancement of the effectiveness of the quality control procedure as well as the commitment of builders to comply with the regulations. Social implications The quality of constructions is essential for the wellbeing and safety of its users, its occupants or its visitors. This applies to the whole range of quality aspects: structural- and fire safety, health, sustainability and usability aspects. The analyses and recommendations of this paper aim to contribute to an improvement of the overall construction quality. Originality/value The paper makes an original contribution to the (limited) literature that is available in this field. The results can be used to situate the quality control systems of each member state within the EU, to assess the main trends, and it can be used as a guide to develop strategic choices on possible improvements in each country.
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Malakhov, V. S. "Citizenship Regimes in the EU Countries and the Inclusion of the Immigrant Population in the Political Community." Journal of Political Theory, Political Philosophy and Sociology of Politics Politeia 104, no. 1 (March 28, 2022): 183–98. http://dx.doi.org/10.30570/2078-5089-2022-104-1-183-198.
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The article is devoted to the analysis of differences in the approaches of European Union member states to the inclusion of migrants into the political community by granting them citizenship. These differences are operationalized through the category of “citizenship regimes”. The article distingui shes three types of citizenship regimes — liberal, restrictive, and mixed. Whether a particular regime can be categorized into one of these citizenship regime types is determined on the basis of three indicators: (1) application/nonapplication of birthright citizenship (jus soli), (2) the presence of the institution of dual (multiple) citizenship, and (3) the relative simplicity/complexity of the naturalization procedure. At the same time, due to the lack of the comprehensive statistical data, which would allow assessing all possible components of this procedure, in order to evaluate the degree of the simplicity/complexity of the procedure, the authors focus on such a parameter as the minimum time period of residence in the country required to apply for citizenship. Having considered the evolution of the legal systems of the EU states, the authors reveal important differences in the approaches to the naturalization of migrants along the axis between the “old” countries of the European Union, on the one hand, and new members of the United Europe from the former socialist countries, on the other. While the “old” EU members tend to gradually liberalize citizenship regimes, the new ones are leaning towards a restrictive model, which manifests itself both in the difficult conditions of naturalization and rejection of the birthright citizenship law. The convergence of the positions of these two groups of countries on this issue is not visible.
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Kuvaldin, Stanislav. "The Values of the EU and their Protection in the European Law." Contemporary Europe 100, no. 7 (December 31, 2020): 37–45. http://dx.doi.org/10.15211/soveurope720203745.
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Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.
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Garry, Hannah R. "Harmonisation of Asylum Law and Policy within the European Union: A Human Rights Perspective." Netherlands Quarterly of Human Rights 20, no. 2 (June 2002): 163–84. http://dx.doi.org/10.1177/016934410202000202.
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From 1986 to the present, there has been a dramatic increase in the numbers of asylum applications within the borders of the European Union largely from Eastern European countries and former colonies in Africa, Asia and the Middle East. Reacting to the influxes of the 1980s, European States began to implement and coordinate policies to control entry of asylum seekers. Within this climate, the EU has moved towards harmonisation of asylum policy and procedure as necessary for its pursuit of an ‘area of freedom, security and justice’ without internal borders for the purpose of greater economic and political integration. In light of the current restrictive attitudes and practice towards asylum seekers in the individual Member States of the EU, the harmonisation of asylum policy through the institutions and law of the EU may prove to be problematic from a human rights perspective. This paper first traces the development of a common asylum policy within the EU through the Maastricht Treaty and the Amsterdam Treaty. Second, this paper analyses the implications of harmonisation after the Amsterdam Treaty with reference to the international obligations of the Member States under international human rights and refugee law. Third, this paper critiques the development of various current asylum policies and practice through intergovernmental development of ‘soft law’. Through this overview and analysis, it is argued that further steps towards harmonisation will continue to reflect European concerns with security, economic prosperity, and cultural homogeneity unless the moves towards supranationalism within the EU framework lead to a deliberate effort to make respect for human rights the core of asylum law and policy.
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MÁRQUEZ CHAMIZO, ESPERANZA, and AUGUSTO PANSARD ANAYA. "Enforceability of the agreements reached in the European Union. Some reflections." Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no. 10 (July 1, 2014): 37–70. http://dx.doi.org/10.24310/rejie.2014.v0i10.7717.
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The legal system in Spain is undergoing a process of convergence with our neighboring countries in the European Union. Directive 52/2008 on mediation in civil and commercial matters has been recently transposed by the Law 5/2012, of July 6th. This is the first rule about civil and commercial mediation in the state level and it happens when mediation begin to be considered as an alternative to prosecution or via arbitration, as it involves a system of conflict resolution, that can help to get the right to judicial protection, keeping the Courts as a last resort andturning the citizen into active protagonist of the solution of their own conflict.This paper aims to analyze the questions about the mediation agreement in European Union, their enforceability and binding effects, the procedure to be followed or the effectiveness of the agreements reached therein.The gradual consolidation of mediation between legal operators involves reflection on the model adopted in our system, because this method has meant a great improvement in all Member States legal system. It is necessary to promote the culture of mediation to bring this institution to all sectors of society involved.
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Liu, Chang. "Comparative Study on The Trademark Renewal System Between China and Anglo-countries." Frontiers in Business, Economics and Management 12, no. 2 (December 6, 2023): 247–50. http://dx.doi.org/10.54097/fbem.v12i2.14890.
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With the development of economy, all countries began to pay attention to the role of trademarks in economic development. Since the introduction of China's Trademark Law in 1982, the application rate of trademark registration in China has been increasing yearly, which is inseparable from the continuous improvement of China's trademark system and the continuous improvement of the awareness of trademark right holders. However, on the other hand, the renewal rate of trademark registration in China has always been low. This paper aims to compare and analyze the trademark renewal system of China and the European Union, the United Kingdom, the United States and Canada from the perspective of renewal procedure through comparative research methods, so as to put forward valuable and targeted suggestions on improving the Chinese trademark renewal system.
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Kivalova, T. S., and O. O. Bondaryuk. "Legal regulation of combating child abduction in international family law." Uzhhorod National University Herald. Series: Law 3, no. 81 (April 19, 2024): 245–50. http://dx.doi.org/10.24144/2307-3322.2024.81.3.36.
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The obligation of states in accordance with the Convention on the Civil and Legal Aspects of International Child Abduction to carry out the immediate return of the child is not always effectively implemented due to the procedural defects of the Convention [1], which is confirmed by the practice of its application at the international level. Based on the analysis of the rulings of the European Court of Human Rights, some procedural gaps of the Hague Convention of 1980 [4] are investigated and ways to solve them are proposed. Today, in the conditions of war, solving the issue of child abduction is an urgent necessity not only in Ukraine, but in many European countries. Every year, the statistics of child abduction crimes are increasing in all countries of the world. The issue of non-implementation of foreign court decisions by countries is one of the biggest problems today. In order to fulfill the obligations imposed by the Convention of 1980, the states are obliged to create competent bodies and adopt legislation corresponding to the norms of the Convention. Actualization of children’s rights in the modern world is becoming one of the key tasks of every country. Application of international documents regulating procedural issues of cross-border child abduction in the countries of the European Union as an example for other countries. Regulation of the situation that provoked the international abduction of children also by the norms of international procedural law as an additional set of measures aimed at the fastest return of the child to his usual life, a simplified and shortened procedure for obtaining the status quo. There is an exclusive opinion in the world that in the absence of crimes related to the abduction or trafficking of children, relations regarding the return of children should be regulated only at the international level by concluding international treaties.
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Duroy, Sophie. "Case C-817/19, Ligue des Droits Humains v. Council of Ministers (C.J.E.U.)." International Legal Materials 62, no. 4 (March 15, 2023): 611–70. http://dx.doi.org/10.1017/ilm.2023.8.
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On June 21, 2022, the Court of Justice of the European Union (CJEU), sitting as a Grand Chamber, rendered its decision in the preliminary ruling procedure C-817/19, Ligue des Droits Humains v. Council of Ministers. In its ruling, the CJEU held that the surveillance regime established by the Passenger Name Record Directive 2016/681 (PNR Directive) was compatible with the Charter of Fundamental Rights of the European Union (CFREU/EU Charter). Nevertheless, the CJEU strictly circumscribed the Directive's transposition within EU member states' domestic laws. While restricting permissible interpretations of the PNR Directive's provisions and imposing strict limitations on its scope to ensure its conformity with the EU Charter, for the first time the Court upheld an instrument of indiscriminate surveillance as compatible with EU primary law. This represents a significant development in the CJEU's case law on privacy rights, which is likely to affect the negotiation and development of future PNR agreements with third countries, as well as the development of the ePrivacy Regulation, discussions surrounding the regulation of AI, and negotiations for international instruments aiming to address serious crimes. Further, the ruling confirms the CJEU's increasing convergence with the European Court of Human Rights' (ECtHR) case law on the matter, thus inscribing national security as a legitimate exception to the general prohibition of indiscriminate bulk data collection and retention in Europe.
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Egorova, M. A. "The problem of digital identity identification in the Russian Federation and the European Union." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 6, 2022): 17–29. http://dx.doi.org/10.17803/2311-5998.2022.89.1.017-029.
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Problems of digital identification have become relevant due to the COVID-19 pandemic, but at the same time, digital identification is a prerequisite for the sustainable development of countries in a digital society. Law regulates the use of information technology in identification of individuals. This article analyzes the experience of solving digital identification problems, ensuring the protection of biometric personal data in the Russian Federation and the European Union. Forms of verification, digital identity authentication (identification) by means of authentication are consideredin this article as well. The European Union has adopted the eIDAS Electronic Identification Regulation, which defines the requirements and criteria for technical means of protecting information and generating electronic signatures. The study revealed that Estonia has the most developed national identification card system (ID-cards) in the world. The article considersthe problems related to the issue and proposes regulatory measures aimed at the digital identification procedure and formation of a digital profile.
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Voytovich, Elena P. "Limping relationships in international family law." Vestnik of Saint Petersburg University. Law 14, no. 1 (2023): 211–26. http://dx.doi.org/10.21638/spbu14.2023.113.
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The article examines a legal phenomenon that has not received a generalized legal characteristic, its research in international family law is fragmentary. The reasons for the “lame” relationships are analyzed: differences in conflict of laws regulation, incorrect application of conflict of laws rules, discrepancy between substantive regulations, conflict of jurisdictions; it is concluded that “lame” relationships are the result of the interaction of conflict of laws, substantive and procedural norms, leading to an undesirable legal effect. The author expresses doubts about the effectiveness of such a method of eliminating “lame” relationships as the convergence of legal systems, suggesting to pay attention to the competing traditional conflict tools and the opposite methodological approach — recognition, the potential of which is underestimated and insufficiently studied. Recognition is seen not as an alternative to conflict method, but as an additional way to overcome “lame” relationships. Replacement of national conflict of laws rules in cross-border family disputes is illustrated by the practice of the European Court of Human Rights and the Court of Justice of the European Union. Attention is drawn to the existing models of recognition in common law countries and continental legal tradition, the legal nature and place of the norms of Russian family legislation on recognition are analyzed. иThe mechanism of recognition of foreign administrative procedures and decisions, foreign documents in the Russian Federation is assessed. The author comes to the conclusion that implementation in domestic law of various approaches to the recognition of foreign court decisions, administrative procedures and documents issued by the competent authorities of foreign states, proposing to unify them within the framework of a uniform recognition procedure that excludes uncertainty and internal contradictions.
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Sereda, O. Hr, and N. M. Shvets. "Participation of Trade Unions in the Procedure of Mass Dismissal of Employees: International Experience and National Prospects." Uzhhorod National University Herald. Series: Law 2, no. 82 (May 23, 2024): 35–40. http://dx.doi.org/10.24144/2307-3322.2024.82.2.5.
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The article is devoted to topical issues of legal regulation of participation of trade unions in the procedure of mass dismissal of employees. The author emphasises that legal regulation of collective dismissals requires additional regulation in view of the social and economic challenges that arise as a result for employees. The author determines that the protective activities of trade unions should play an important role in mass dismissals, the essence and purpose of which is to minimise the negative impact of market factors on the decline in the quality of life and work of employees. The author examines the acts of the International Labour Organization and the European Union Council Directive on collective dismissals, which impose on employers the obligation to consult with employee representatives and respond to their proposals. Based on the analysis of the legislation of a number of European countries, the author focuses on strengthening the protection of employees by involving their representatives, holding consultations and establishing requirements for the mechanism of such dismissals. It is noted that as part of the implementation of the Association Agreement, Ukraine has undertaken to approximate its national legislation to the seven EU directives on decent work, social policy and social dialogue, and, as a result, the amendments to the Labour Code of Ukraine and the Law of Ukraine «On Employment of the Population» partially take into account the requirements of mandatory consultations with trade unions (employee representatives) in case of mass dismissals of employees provided for by EU acts. At the same time, the authors emphasise that consultations with trade unions on measures to prevent or minimise dismissals should not only be formal, but also aimed at mitigating the adverse effects of dismissals. The author proves that regulation of the procedure for dismissal of employees with the involvement of trade unions in this procedure allows for additional protection of vulnerable groups of the population, and for the employer, participation of trade unions in the dismissal procedures is a preventive measure which minimises its financial costs in case of violation of the dismissal procedure.
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Pérez-Franco, Ismael, Agustín García-García, and Juan J. Maldonado-Briegas. "Energy Transition Towards a Greener and More Competitive Economy: The Iberian Case." Sustainability 12, no. 8 (April 20, 2020): 3343. http://dx.doi.org/10.3390/su12083343.
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In this paper, we analyze the effects of the energy transition process on economic growth in Spain and Portugal, countries that, adhering to European Union (EU) directives, opted to promote clean energies from the very start. On the one hand, we look at the energy transition laws introduced by the EU and other countries. On the other, we conduct a causal analysis of energy consumption and economic growth to confirm whether the change of energy model has generated positive effects on economic growth. The procedure was as follows. First, we conducted an aggregate causality analysis exploring the relationship between growth and energy consumption. As the results were not significant, we repeated the analysis with different disaggregations of renewable energy sources. With respect to solar thermal energy and economic growth, the main conclusion is that the data appear to show a one-way causal relationship for Portugal and EU-26 (European Union without Portugal and Spain) and a two-way relationship for Spain.
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Dremliuga, Roman, and Alexander Korobeev. "A Fight Against the Dissemination of Deepfakes in Other Countries: Criminal and Criminological Aspects." Russian Journal of Criminology 15, no. 3 (July 2, 2021): 372–79. http://dx.doi.org/10.17150/2500-4255.2021.15(3).372-379.
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The authors analyze a relatively new phenomenon of spreading realistic audiovisual fake materials (deepfakes). This socially dangerous phenomenon is not reflected in the Russian criminal legislation as a separate offence. At the same time, some countries have started developing a criminal policy in this sphere. The methodology of the study presupposes a comparative law analysis of current legislations of the USA, China and the European union regarding the liability for the dissemination of realistic audiovisual fakes. The analysis of criminal legislation is aimed at the identification and systematization of key approaches to criminalizing the dissemination of realistic audiovisual fakes in the countries that are the leaders in digitizing their social and economic life. It showed that there are radically different approaches to regulating criminal liability for the actions under consideration. The authors analyzed criminal policy of the United States at the federal and state levels on the criminal law protection against infringements through deepfakes. They found that the first action to be recognized as criminal is the use of realistic audiovisual fakes for electoral intervention. The legislations of some states strictly regulate the procedure of posting such content before elections, the most serious violations leading to criminal liability. Besides, the United States recognizes as criminally punishable the use of deepfakes for creating materials of intimate nature and for identity theft. The People’s Republic of China establishes liability, including criminal liability, for posting any fake realistic-looking audiovisual materials without mentioning that they are fake. Currently there are no special criminal law norms regulating liability for the dissemination of deepfakes in the law of the European Union. This action should be viewed as infringement of the lawful use of personal data. The authors give their assessment of some criminological characteristics of the analyzed publicly dangerous phenomenon in Russia and in the world. In spite of the relative novelty of the deepfake technology, realistic fake videos are quite common. The society supports the necessity of criminalizing this publicly dangerous action.
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Moir, Hazel V. J. "Europe’s GI Policy and New World Countries." Journal of World Trade 57, Issue 6 (December 1, 2023): 957–70. http://dx.doi.org/10.54648/trad2023040.
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Trade negotiations between the European Union (EU) and Australia and New Zealand (NZ) provide the opportunity to revisit the ongoing clash between EU and New World ( United States of America (USA), Canada, Australia, NZ etc.) countries over geographical indications (GIs). Since the EU-Canada negotiations, the EU has increased its GI demands and the Australia and NZ negotiations provide the first opportunity to assess these. NZ has agreed to privileges that exceed those in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and has fewer safeguards for NZ producers than were achieved in Canada. The EU’s GI demands to Australia are scrutinized in terms of competition, rule of law and consumer information criteria, providing a basis for considering how Australia should respond. A particular focus is the problematic issues raised in the demand that specific GI names be listed in the treaty without proper review and opposition procedures. Questions are also raised about the accuracy of EU GI labels and the relative merit of EU GI policy compared to certification mark GIs to promote regional development. On this basis it is suggested that Australia should reject a number of the EU’s GI demands as these lead to approving product labels which are deceptive for consumers Geographical indications, European Union, trade policy, regional development, consumer Information, food labelling, intellectual property
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Carlsen, Lars, and Rainer Bruggemann. "Inequalities in the European Union—A Partial Order Analysis of the Main Indicators." Sustainability 13, no. 11 (June 2, 2021): 6278. http://dx.doi.org/10.3390/su13116278.
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The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.
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Verhagen, Gijs. "The Compliance and Dispute Settlement System of the European Energy Community." Legal Issues of Economic Integration 46, Issue 2 (May 1, 2019): 149–60. http://dx.doi.org/10.54648/leie2019009.
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This article assesses the compliance, enforcement and dispute settlement procedure of the Energy Community (EnC). The EnC is an international organization composed of the European Union (EU) and several (South-)East European states, whose main goal is to integrate and harmonize the energy sector of the non-EU member countries with the energy sector of the EU by (among others) offering the prospects of easier access to foreign investments. This however requires implementation by those countries of the mandated rules as set by the EnC, which in practice are similar to the same rules and laws that are required within the EU itself. The implementation of these rules has been proven to be lacking, prompting active compliance enforcement by the Energy Community Secretariat, the permanent body tasked with monitoring compliance. For this, the EnC has a dispute settlement system which is highly diplomatic of nature, and which is most often already effective at enforcing compliance simply by negotiation. However, this dispute settlement system is still seen as lacking a few aspects, such as real sanctions, that would make it more effective at enforcing compliance of the rules of the EnC.
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Марку, Жерар, and Zherar Marku. "THE LAW AND LAW-MAKING IN FRANCE." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14262.
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The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.
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Bocková, Lucia, and Rudolf Kucharčík. "Citizenship by Investment - Latest Development in the European Union." Politické vedy 25, no. 4 (January 10, 2023): 69–108. http://dx.doi.org/10.24040/politickevedy.2022.25.4.69-108.
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This paper covers citizenship by investment (CBI) schemes in the European Union (EU) context which allow to acquire nationality of the EU member state through targeted investments. We were verifying whether the negative attitude of the EU towards the CBI schemes of member states and the ongoing war in Ukraine threaten their very existence. In order to achieve the objective, we analysed the rules on the acquisition of citizenship by naturalization as well as the relationship between nationality of the EU member states, which is still their exclusive competence and the EU citizenship status. Subsequently, we compared CBI schemes of three EU member states (Bulgaria, Cyprus, Malta). The results show that the EU has put pressure on member states to cancel their CBI programs because of the complex relationship between the national citizenship on the one hand and the EU citizenship and related rights enforceable across the whole EU on the other hand. This EU pressure has been further intensified following the war in Ukraine. The reason is that Russian nationals made up a significant number of CBI applicants and also because some Russian or Belarusian nationals who are supporting the war in Ukraine might have acquired EU citizenship under CBI schemes. Of the three countries we analysed, only Malta currently has a valid CBI program. Bulgaria and Cyprus abolished their CBI programs. This development indicates that the EU has gradually succeeded in eliminating the existence of CBI in the EU member states. However, it is not yet clear whether this practice of member states is contrary to the EU law. We assume that the Court of Justice of the EU will resolve this question in the ongoing infringement procedure initiated by the European Commission against Malta.
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Avdeeva, G. "PROBLEMS OF THE IMPLEMENTATION OF THE RIGHTS OF CRIMINAL PROCEDURE PARTICIPANTS ON THE USE OF SPECIAL KNOWLEDGE IN THE CONDITIONS OF COMPETITIVE CRIMINAL PROCEDURE." Criminalistics and Forensics, no. 64 (May 7, 2019): 223–32. http://dx.doi.org/10.33994/kndise.2019.64.19.
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А competition between the criminal procedure parties and equality rights in presentation their evidences to the court, the availability of accused right to defense himself are among the basic principles of legal procedure in Ukraine. Despite the fact that in Art. 22 of the Criminal Procedure Code of Ukraine states that «criminal proceedings are carried out on the basis of the adversarial procedure», the parties of criminal procedure in Ukraine do not have equaling rights and opportunities to gather evidence through the using of special knowledge. A law № 2147-19 inured at the end of 2017 in Ukraine. The changes in the Criminal procedure law and Ukraine law «About a forensic examination» banned for lawyers and investigators to choose theyselves an expert establishment or experts. Investigators, public prosecutors and advocates have a right only to send a request to the judge about needing of a forensic examination. A judge personally chooses expert establishment or an expert. It is a cause of the substantial lowing of rights of lawyers and investigators in the collecting of proofs. These problems of regulation of expert activity in Ukraine do not correspond to the competitive European principles of the court. Part of these problems can be resolved if in Ukraine will adopt the Project of law № 8249. It is proposed in this law to return rights for the investigators and lawyers, which allow them personally to attract of experts. Also it is proposed to allow to nonstate experts and other specialists to conduct forensic examinations. This will bring the legislation of Ukraine closer to the legislation of the member countries of the European Union and will allow the principle of equality of parties rights of criminal procedure. A competition between state and non-state experts will lead to an increase of the quality and scientific level of expert conclusions. Key words: criminal proceedings, special knowledge, competitive judiciary.
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Ekmekci, Perihan Elif. "Patients’ Rights in Cross-border Healthcare (Directive 2011/24/eu) and How It Applies to Turkey as a Negotiating Candidate Country." European Journal of Health Law 24, no. 4 (October 19, 2017): 432–44. http://dx.doi.org/10.1163/15718093-12341423.
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Abstract Cross-border healthcare and patient mobility across European Union Member States has been on the agenda of eu Commission for the last decade. Directive 2011/24/eu on the application of patients’ rights in cross-border healthcare went into force in 2013. The Directive mainly addresses the responsibilities of Member States in cross-border healthcare, regulates reimbursement procedure, and coordinates European reference networks and health technology assessment in the eu. The Directive has direct and indirect implications on Turkish health system. In this article, first an overview of Directive 2011/24/eu is addressed with special attention to its relation to patient rights and other eu legislations. Then, Turkish citizens’ position in the scope of eu legislation on patient rights is considered. Finally, the ethical implications of the Directive, conceptualisation of cross-border patient mobility, and Turkey’s particular position among other candidate countries regarding cross-border healthcare is discussed.