To see the other types of publications on this topic, follow the link: Sanctions (Law) – European Union countries.
Journal articles on the topic 'Sanctions (Law) – European Union countries'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Sanctions (Law) – European Union countries.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Timofeyeva, Liliya. "EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME." European Historical Studies, no. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
Full textAbstract:
Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
2
Кешнер, Мария, and Mariya Keshner. "The Sanctions against the Russian Federation: International Legal Analysis of Legitimacy." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11764.
Full textAbstract:
In 2014, a number of states and integration entities imposed sanctions and restrictive measures against the Russian Federation. The author analysis acts the measures adopted by the United States, the European Union, some other countries against the Russian Federation, from the point of view of the international law. The author investigates reasonableness of the arguments justifying the sanctions against the Russian Federation; and examines the issues of coercion in the international law, which has its specific features that are primarily predetermined by the nature of interstate relations and methods of their legal regulation. The author provides an update on the problem of “collective counter-measures” or counter-measures in collective interests and classification of activities of the third countries who “have joined” in with the imposed restrictive measures. The author considers the practice and consequences of imposing unilateral sanctions by a number of states, the trends of its development and legitimacy of the existence in light if the modern international law development.
3
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.
Full textAbstract:
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.
4
Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
Full textAbstract:
The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
5
Chirozva, Lucid. "Law of attraction: A mirror image of Zimbabwe-Belarus relations." Dynamics of Politics and Democracy 1, no. 1 (August 25, 2021): 39–48. http://dx.doi.org/10.35912/dpd.v1i1.730.
Full textAbstract:
Abstract Purpose: The study aims to analyse the law of attraction and its influence on Zimbabwe-Belarus relations. Research methodology: Secondary sources that relate to Zimbabwe and Belarus were used to gather data. The content analysis technique was employed to analysis to the data. Results: The study gathered that the two countries have limited allies in the international system; they are all on sanctions from the European Union (E.U.) and the United States of America (U.S.A.). The two countries also behave the same way in their interactions domestically and politically, as demonstrated by their conduct during elections. Limitations: The study focuses explicitly only on Zimbabwe’s 2018 and Belarus’s 2020 elections Contribution: This study contributes to understanding how the law of attraction will play a new role in determining the relations shortly, specifically whether or not the two counties will remain allies.
6
Motsyk, Oleksandr. "International Sanctions against the Russian Federation: An Instrument of Pressure and Punishment for Its Aggression against Ukraine and Other International Crimes." Diplomatic Ukraine, no. XXI (2020): 717–43. http://dx.doi.org/10.37837/2707-7683-2020-37.
Full textAbstract:
The article describes international sanctions against the Russian Federation as an instrument of pressure and punishment for its aggression against Ukraine and other international crimes. The author asserts that sanctions are used to enforce international legal norms when all voluntary conciliation measures of resolving a conflict caused by an international delinquency are exhausted. The Russian aggression endangered the whole European security architecture formed after World War II with the meaningful participation of the US, European countries, and Moscow, then the Soviet Union. As Ambassador of Ukraine to the USA in 2010–15, the author of the article worked in 2014 with his American colleagues from the State Department, National Security Council, Pentagon, and US Department of the Treasury on the provision of support to Ukraine and imposition of sanctions on Russia. Appeals to exert pressure on Russia to stop its intervention and to provide assistance to Ukraine were also addressed to the UN, other international organisations, and financial institutions. More than 40 states have joined the anti-Russian sanctions. The author underscores that sanctions can in no case be reduced; rather, they should made tougher until Russia withdraws its troops Ukraine and stops flagrantly violating international law. If Western states have a unified position and political will, Russia will be compelled to respect the international order and security system formed by the international community after World War II, particularly in Europe. The author emphasises that despite the importance of sanctions, it is not until Ukraine has a robust economy, consistent alignment with Europe, European values, and a powerful military that it will regain control over the occupied Donbas and Crimea. Keywords: international sanctions, Russian Federation, Donbas, Crimea, security system, law and order.
7
PELZMAN, JOSEPH. "THE SPILLOVER EFFECTS OF THE RE-IMPOSED UNITED STATES SANCTIONS ON IRAN ON MENA, THE PRC, RUSSIA, AND TURKEY." Global Economy Journal 20, no. 01 (March 2020): 2050003. http://dx.doi.org/10.1142/s2194565920500037.
Full textAbstract:
Iran has faced US sanctions in one form or another since its invasion of the US Embassy in Iran in 1979. The 2007-08 period marked the initiation of heightened international sanctions on Iran imposed by the UN Security Council in reaction to Iran’s nuclear program. These sanctions were tightened in 2010, when the UN Security Council, the US Congress, and the European Union all implemented separate sets of sanctions targeting either the Iranian nuclear program or the energy and banking sectors. Under the Obama Administration the Joint Plan of Action (JPOA) was signed in late 2013 and within months the United States and the EU took steps to waive specific sanctions. In 2015 the Joint Comprehensive Plan of Action (JCPOA) was signed, which lifted nuclear-related sanctions by the UN, EU and US. The Trump Administration on May 8, 2018 announced the US withdrawal from the JCPOA and directed federal agencies to begin to take steps to re-impose the sanctions established under U.S. law that were lifted or waived in order for the United States to meet its commitments in the JCPOA. On November 5, 2018, all pre-JCPOA - U.S. sanctions on foreign firms that conduct transactions in all of Iran’s core economic sectors, including energy, banking, shipping, and manufacturing, went back into effect. These include sanctions on “petroleum-related transactions” and transactions by foreign banks with Iran’s Central Bank. In addition,700 Iranian and third country entities have again been designated by the United States as sanctioned entities, meaning that foreign firms that transact business with these entities could face virtual exclusion from the U.S. economy. With the re-imposition of sanctions on Iran, in 2018, the US finds itself as a lone player in a world where the EU, the PRC, Russia and a group of MENA countries have no intentions to comply with these re-imposed sanctions. The purpose of this paper, consequently, is to assess the spillover effects which can be expected to result from the US re-imposition of Iran sanctions on relevant MENA countries, the PRC, Russia and Turkey.
8
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.
Full textAbstract:
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.
9
Unterschütz, Joanna. "Strike and Remedies for Unlawful Strikes in the Legal Systems of Poland, Hungary, and Slovakia." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 319–38. http://dx.doi.org/10.54648/ijcl2014018.
Full textAbstract:
Poland, Hungary, and Slovakia, like many other Central and Eastern European states, underwent profound economic and legal reform in 1989 and early 1990s with the harmonization of their legal system with the EU acquis along with democratic reform of the political system. In this period international conventions, especially ILO standards, were the main source of inspiration. In all three countries strikes are regarded as a last resort, and certain procedures must be implemented to call a lawful strike. The first formal requirement in Polish and Slovak law concerns the reason for a collective dispute: work and employment conditions as well as trade union freedoms and rights or conclusion of a collective agreement. The next requirement concerns the parties to the dispute: workers must be represented by trade unions (except in Hungary). They cannot initiate a collective dispute individually (even if the outcome would subsequently concern all the employees) or through another representative body such as works councils or employee representatives. The proportionality principle must be respected with regard to the demands of strikers and those organizing the strike may be liable for damages. Workers taking part in unlawful strikes may be subject to the sanctions laid down in labour law, such as disciplinary sanctions, dismissal or pecuniary sanctions if damage is caused. Provision for criminal liability is made only in the Polish legal system. They are construed so that many acts of employers or trade unionists representing workers in the course of collective disputes can be subject to sanctions. As far as illegal strikes are concerned, those leading an illegal strike or other protest action can be criminally liable.
10
Muraviov, Victor. "PRINCIPLES AND VALUES OF THE EUROPEAN UNION AND THE LEGAL ORDER OF UKRAINE." Actual Problems of International Relations, no. 138 (2019): 97–105. http://dx.doi.org/10.17721/apmv.2018.138.0.97-105.
Full textAbstract:
The article is devoted to the analysis of the legal nature of principles and values of the European Union, their ethimology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently, that is in the latest Lisbon edition of 2007. It is underlined that the infringement by a EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States. Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well ae the effect of principles and values on the process of legal reforms in Ukraine.
11
Raj, Vishakha, and M. P. Ram Mohan. "Appellate Body Crisis at the World Trade Organization: View from India." Journal of World Trade 55, Issue 5 (September 1, 2021): 829–52. http://dx.doi.org/10.54648/trad2021035.
Full textAbstract:
There has been a crisis prevailing at the Appellate Body of the World Trade Organization (WTO) since December 2019. The United States’ (US) refusal to allow the appointment of members to the WTO’s Appellate Body has disturbed the functioning of the entire WTO dispute settlement process. In order to mitigate the effects of this, the European Union (EU) has proposed a multi-party interim appeal arbitration agreement (MPIA) which has been joined by over twenty other WTO members. In the absence of rules-based dispute settlement, countries will most probably resort to bilateral negotiations. This will be prejudicial to the interests of developing countries that have consistently been disadvantaged during bilateral negotiations and fared better in proceedings with third-party adjudication. Though India has expressed concerns about the Appellate Body crisis, it has not joined the MPIA and has stated that it does not intend to do so either. This article explains why India would benefit from joining the MPIA especially given the disputes it has pending before WTO Panels. Joining the MPIA will help India avoid unilateral sanctions at the first instance and increase the likelihood of compliance by other WTO members that are a part of the MPIA. WTO, Appellate Body, India, dispute settlement, multilateralism, United States, European Union
12
IEFYMENKO, Tetiana, and Tetiana DMYTRENKO. "Modern priorities in the field of combating money laundering and terrorist financing." Naukovi pratsi NDFI 2022, no. 2 (December 21, 2022): 5–20. http://dx.doi.org/10.33763/npndfi2022.02.005.
Full textAbstract:
Introduction. The introduction of international sanctions as a tool to counter military aggression by the Russian Federation in Ukraine affected the priorities of anti-legalization activities at the global level. Recently, the use of the latest technologies has attracted the attention of FATF and other international organizations. With the beginning of the unprovoked aggression against Ukraine, operative and effective assistance to the country was organized through the collection of funds by charitable crypto funds. Problem.The latest technologies have ensured the active citizenship of people from different countries of the world. On the other hand, such activity, related to the support of the Ukrainian people, also activated the criminal world, whose transactions were passed off as charitable activities. Goal. Provide a brief summary outlining national priorities as well as some practical definitions and financial red flags of financial and crypto market activity. Methods. General and special methods are used: analysis, synthesis, grouping, description, comparison, theoretical generalization, and abstract-logical. Results. Attention is focused on the urgent need for further implementation of international standards in the field of combating the use of proceeds of crime and the financing of terrorism in Ukraine, which, with Ukraine's acquisition of the status of a candidate for membership of the European Union, has become a component of the necessary steps for membership in the European community. Conclusions. The final decision on the issue of the immediate introduction of regulation of the virtual assets market, registration of its participants, interaction with foreign regulatory and law enforcement agencies of this economic sector will contribute to more effective implementation of sanctions to stop Russian aggression in Ukraine, restoration and modernization of the state, and Ukraine's integration into the European Union.
13
Kolben, Kevin. "A Supply Chain Approach to Trade and Labor Provisions." Politics and Governance 5, no. 4 (December 14, 2017): 60–68. http://dx.doi.org/10.17645/pag.v5i4.1088.
Full textAbstract:
As labor provisions in trade agreements have become increasingly ubiquitous, there remain questions about whether or not these provisions have been effective in improving working conditions in trading partner countries. Through an analysis of sample labor provisions in United States and European Union free trade agreements, this paper shows that both approaches, albeit using different methods, aim primarily to improve <em>de jure</em> labor law and <em>de facto</em> enforcement of that law by government regulatory institutions. This paper argues that instead, labor provisions ought to be grounded in a supply chain approach. A supply chain approach shifts the focus from impacting <em>de jure</em> and <em>de facto</em> labor law as administered by the state though sanctions or dialogue, and towards context specific, experimental, and coordinated private and public regulatory interventions that operate in key export industries that are implicated in trading partners’ supply chains. It does so in part by recognizing the potential regulatory power of consumer citizenship.
14
Stepanyk, Y. O. "The concept and place of competition law in the legal system of the EU." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 372–76. http://dx.doi.org/10.24144/2788-6018.2021.04.65.
Full textAbstract:
In the framework of modern reform of competition laws in the European countries, that has arisen due to increasing attention to markets in the field of IT services, in particular software and IT-solutions for business, the nature of competition law and its place in the legal system of each separate state became as one of the most topical issues. Such features are revealed through several characteristics, including the peculiarities of historical development, the level of market concentration, the development of individual industries etc.
Even though the fact that basic principles of the competition regulation in the European Union are stipulated at the supranational level, their historical basis is the process of development of competition law in individual Member States. The existence of two models of competition regulation at the theoretical level, i.e. European and American, allows, in turn, to distinguish such concepts as "competition", "antimonopoly", "antitrust" and "cartel" law. By the way of definition of the range of legal relations, the question arises as to the affiliation of competition law to the public or private sphere. Due to the specifics of the subject of regulation, the issue of the place of competition law in the general legal system remains open, which leads to a large number of problems, both on the theoretical and practical levels. As for the example, we can indicate, inter alia, the definition of the status and scope of powers of authorities, the nature of sanctions imposed in a result of violation of competition laws and the nature of such liability. In addition, there is a question regarding the nature of the processes carried out within consideration of cases of violation of the legislation on protection of economic competition or review the applications for granting approval on concentration or concerted practices, participants’ rights and obligations in such processes, etc.
15
Herbert, Eti Best, and Fasilat Abimbola Olalere. "What Is Economic Globalization Without Trans-boundary Migration?" Global Trade and Customs Journal 15, Issue 10 (September 1, 2020): 493–503. http://dx.doi.org/10.54648/gtcj2020088.
Full textAbstract:
The world is often regarded as a global village or borderless globe where various countries freely interconnect and interrelate towards achieving a global goal. Globalization has occasioned international cooperation amongst States through the formation of several treaties and international organizations with economic objectives. This article evaluates the law and attitude of States and International organizations towards economically motivated trans-boundary migration. Particular reference is made to World Trade Organization(WTO), European Union(EU), African Union (AU), Economic Community of West African States (ECOWAS) and North American Free Trade Association(NAFTA). Findings reveal that the legal and institutional frameworks in support of trans-boundary economic migration are very weak, thereby allowing States’ interest to prevail over the globalization objectives. State practices are geared towards placement of several obstacles, such as imposing criminal sanctions, which limits trans-boundary economic migration. This prejudice is more obvious when the trade in service is a South-North movement of labour. These challenges have led to the irresistible conclusion that economic globalization is but a political fiction yet to take root in reality. It is further contended that, the puzzle of economic globalization cannot be completely fixed, except States fully embrace, accepte and liberalize the missing piece of trans-boundary migration. Globalization, Trans-boundary migration, Economic migration, South-North movement, Trade liberalization.
16
Kondrotas, Lukas. "European Union policy and the use of the normative power regarding cybersecurity." Análisis Jurídico - Político 4, no. 7 (January 31, 2022): 143–68. http://dx.doi.org/10.22490/26655489.5504.
Full textAbstract:
The transformation of our societies due to technological progress and worldwide spread of information technologies has established a new domain where states must establish a “normal” way of relating to each other. National legislation has been adapted in order to reach this domain; however, in an international context there are still different manners to interpret what behaviour is normal and acceptable. The European Union has established a framework regarding its own cybersecurity and aims to establish the rule-of-law to progress towards a secure digital world; it has also created sanction rules to punish behaviours which oppose its own view. This paper tries to look at what effects it has had on other major actors in the realm of cybersecurity: The United States, Russia, and China. By looking at the development of the frameworks of these countries and their actions and comparing it to the objectives of the European Union in this matter, it shows that effects have been different in each case and that they are not coercing the actions of the other states, not because of a failed implementation, but due to their own nature.
17
Kirilenko, V. P., and G. V. Alekseev. "Problems of Harmonization of European and Russian Legislation on Defamation." Lex Russica 1, no. 9 (September 26, 2019): 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
Full textAbstract:
Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
18
Pan, Zhenxi. "A comparative study of blocking laws between China and EU." BCP Business & Management 27 (September 6, 2022): 260–72. http://dx.doi.org/10.54691/bcpbm.v27i.1970.
Full textAbstract:
In recent years, the United States has frequently imposed sub-economic sanctions on other countries, which has seriously disrupted the regular order of the world economic and trade market. Since the Trump administration took office, China has gradually become the target of the United States, and the economic and trade friction between China and the United States has been constant. To counter the long-arm jurisdiction of the United States, China's Ministry of Commerce issued the Blocking Measures with Chinese characteristics on January 9, 2021. Its legislative model draws lessons from the European Union Blocking Law and adopts the combination of public enforcement mechanisms and private law relief mechanisms. As the legislative experience of China's blocking law is a little insufficient, the construction of the blocking law system still needs to be improved. Therefore, this paper selects the currently mature EU blocking law as the reference object, aiming to further enhance the system of China's blocking law by drawing on its legislative practice experience. This paper sorts out the legislative process of EU blocking law and analyzes its three major defects: weak enforcement, no clear criteria for violating the obligation of "prohibition of compliance" and insufficient punishment. Then, by combing the legislative process of China's blocking law, comparing and analyzing the institutional differences between China and Europe, and referring to the defects of the EU blocking law system, it summarizes the shortcomings of China's blocking law in four aspects: legal effect, the scope of application, exemption system and punishment measures, and takes them as China's blocking measures.
19
Fonju, Dr Njuafac Kenedy. "The Roots of Russian Naked Aggression (RRNA) Versus Unjust Shortsighted Support to Ukrainian Secessionists (USSUS): Constituent Tools of Re-Emerging to the Position of New International Hyper Hegemonic Power (NIHHP) in the Unipolar World of 1991-2022." South Asian Research Journal of Humanities and Social Sciences 4, no. 4 (August 1, 2022): 269–90. http://dx.doi.org/10.36346/sarjhss.2022.v04i04.009.
Full textAbstract:
This paper brings out arguments concerning the unjust and naked aggression inflicted by Russia over the Ukraine why sorting out why the International Community as the Global mechanism for World peace and security remains partially inactive to impose immediate sanctions in view of the United Nations(UN) charter with the Security Council rising with strong standing orders. The prohibition on the unjustified use of force is the cornerstone of contemporary international law and requires the implications of the International Court of Justice (ICJ) not only on press released but full action to stop the aggressor from its continuance aggression. The ICJ which deals with disputes between states, can only intervene in cases where the countries involved agree that it should have a role is unbearable. In, fact, any country which gives total support to divide another country from its unity requires serious sanctions in view of the violation of territorial integrity and state’s sovereignty. The question of bouncing back to the position of NIHHP is very challenging to the recent aggressor Russian. Therefore, it is not possible to pass through the former Satellite States of the Soviet Union to gain that position and Western European countries will never give the Russia a full ticket to once more rise to that position in international affairs of the 21st Century is what the Russian leaders failed to know. The scrutiny of specialized sources and related valuable documentaries called for our attention to adopt a historical approach in our analyses. This paper is very important to specialist of international relations concerning the strength and weaknesses of the global and continental International Organisations engagements of resolving the Russo-Ukrainian War of the 21st Century.
20
Verschueren, Herwig. "Employment and Social Security Rights of Third-Country Labour Migrants under eu Law: An Incomplete Patchwork of Legal Protection." European Journal of Migration and Law 18, no. 4 (November 14, 2016): 373–408. http://dx.doi.org/10.1163/15718166-12342107.
Full textAbstract:
Labour migration within the European Union (eu), as well as from outside the eu, has evolved significantly. There are more temporary forms of labour migration, such as seasonal work, temporary migration of both high- and low-skilled workers and temporary posting by employers. This evolution has led to an increasing vulnerability of labour migrants’ rights. In particular, the employment and social rights of these migrants are subject to legal disputes, as well as to political discussions. The latter resulted in the adoption of legal instruments meant to guarantee some rights to labour migrants, but which in some cases rather increased their vulnerability. This article explores the issues of employment and social protection of third-country migrant workers in legal instruments of the eu. It starts with an examination of a number of eu directives dealing specifically with labour migration from third countries such as the Blue Card Directive 2009/50, the Employers’ Sanctions Directive 2009/52, the Single Permit Directive 2011/98, the Seasonal Workers Directive 2014/36 and the Intra-corporate Transferees Directive 2014/66 (Section 2). This section also explores the interaction between these instruments as well as their shortcomings. Next, this article focuses on international agreements concluded by the eu with third countries. A large number of these agreements contain provisions which, directly or indirectly, regulate the employment and social security rights of nationals of the third States involved (Section 3). Further, it will comment on the issue of (the absence of) social security coordination between the systems of the Member States and those of third countries (Section 4). Finally, it draws some conclusions and pleads for a better enforcement of the rights already guaranteed and for a more prominent role for the protection of human rights (Section 5).
21
Chetverikov, A. O. "Immunity of States and International Organizations in the Court of Justice of the European Union Practice and its Significance in the Implementation of Megascience Projects." Lex Russica, no. 4 (April 24, 2021): 112–29. http://dx.doi.org/10.17803/1729-5920.2021.173.4.112-129.
Full textAbstract:
In recent years, Russia has invested significant assets in unique scientific facility of the “Megascience” class that are being built or are already operating on the territory of foreign countries, mainly member states of the European Union: the International Thermonuclear Research Reactor-ITER (France), the European X-ray Free Electron Laser-European XFEL, the Large Hadron Collider (Switzerland and France), etc.How reliable and safe are such investments in the context of the sanctions policy of the West, including the EU, against our country? To what extent are they protected by the principle of immunity of states and international organizations, which is generally recognized, but is not interpreted and applied in different legal systems? The paper considers these issues in the context of the development of the judicial practice of the supranational institution of the judicial power of the EU, namely the Court of Justice of the European Union and the concept of relative immunity (immunité relative) formulated herein.Having conducted a comparative legal review of the current state of the sources of law and doctrine on the issues of immunity of states and international organizations, the author analyses and evaluates the decisions of the EU Court of Justice and the legal positions of its attorneys General: — Mahamdia v. Algeria, 2012: for the first time ECJ formulates the concept of relative immunity in relation to states;— "Rina" and "Suprim" cases, 2020: EU Court clarifies the interpretation of the concept of acta iure imperii (acts of public authority), in respect of which states retain immunity in the EU, and extends its concept of relative immunity to international intergovernmental organizations.The final section deals with legal issues that yet to get a clear answer in the practice of the EU Court of Justice. In this regard, the author highlights possible directions of its evolution, and studies other recent decisions of the EU Court of Justice that may affect Russia’s national interests in the context of cooperation with EU member states in the scientific and technical sphere, including megascience, and in other areas.
22
BROŽIČ, LILIANA. "EDITORIAL, SECURITY PERSPECTIVES." CONTEMPORARY MILITARY CHALLENGES 2022, no. 24/3 (September 30, 2022): 11–13. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.24.3.00.
Full textAbstract:
This is the title of the third issue in the twenty-fourth volume of the Contemporary Military Challenges. We started from the changes that have taken place over the last few years. We have had in mind the increased migration flows towards the European Union, the experience of the Covid 19 epidemic, the climate change that surprises us time and time again, despite the fact that we are aware of it, and that we are trying to adapt and respond to it accordingly. In March this year, the "Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security" was launched, and at the end of June, the new NATO Strategic Concept. Both with the aim of rethinking, aligning and unifying the way we look at existing security challenges and developing new security perspectives. At the beginning of this year, we were taken by surprise by the Russian Federation's armed attack against Ukraine. Some had predicted it; others only foresaw it. Many were convinced, however, that such a phenomenon was not possible in a modern democratic society. Huntington's theory of a clash of civilisations, which seemed to have outlived its usefulness in modern European society, has become relevant again. A realistic view of the contemporary security, social and political situation in the world and, above all, the crisis of values and the consequent need for unification have encouraged the European Union to aspire to become a global security actor in the international environment. The war in Ukraine is forcing the European Union to act. It has prepared a package of economic measures or sanctions to influence the Russian Federation in terms of expressing its disapproval of its unilateral moves. However, the Member States are not entirely united on how to confront and counter the situation. Without unity, united political positions and united action, the European Union cannot become the global security actor that it has claimed to be in its strategic compass. In this context, it is also worth mentioning its Common Security and Defence Policy, which is first and foremost a policy, and the fact that the European Union does not have its own military capabilities to manage. The Member States have military capabilities, and they spend varying amounts on their defence. Over the last decade, most Member States have been reducing their defence expenditure, despite the fact that it was agreed at the NATO summit in Wales in 2012 that it would amount up to 2% of GDP. Not all Member States of the European Union are members of the Alliance, but there are twenty-one of them that are members of both. Douglas Barrie and his colleagues produced a special report in 2020 on 'European defence policy in an era of renewed great-power competition', which concluded that, assuming that all Member States did indeed spend 2% of GDP on defence, the European Union and its Member States would need ten to fifteen years to be adequately prepared in terms of security capabilities for a possible aggression by a country with the military capabilities of the Russian Federation today. With investments in this area as they are in 2022, it would take twenty years. This leads to the logical conclusion. There are only two ways of stopping the Russian Federation in its territorial and, of course, political ambitions. The first and most appropriate is political, the second military. Since the European Union does not represent a serious opponent in defence and military terms to this large and militarily powerful country, the only way for it to achieve its status as a global security actor is politically. The military conflict in Ukraine is a major test for both the Union and the Alliance. The European Union now has the opportunity to test how strong and credible its ideals, values and beliefs are. Are its senior representatives wise and innovative enough to look beyond economic sanctions to other diplomatic avenues to achieve what they have written in their strategic compass – to be a global player? Time will answer this question. Until then, however, scholars and other experts will be studying the various influences and phenomena in the security domain. Some of them will also share them with the readers of Contemporary Military Challenges. In a time of economic sanctions imposed by the European Union, Tamas Somogyi and Rudolf Nagy focus on the protection of critical infrastructure, of which the financial sector is an important part. In their article Cyber threats and security challenges in the Hungarian financial sector, they explore the security risks facing the banking system in their country. The paper Geostrategic perspectives of Slovenia in a changing world draws on two geopolitical theories by Mackinder and Spykman, who develop their views on the European space. Uroš Tovornik explored Slovenia's geostrategic position on the basis of their theories, focusing on its geopolitical characteristics. He summarised his findings into four possible scenarios, which are determined by these characteristics and from which possible future geopolitical orientations are derived. Olusola Kolawole Oluwagbire explored the influence of the world’s major powers and how this is reflected in the case of each country. Africa, as a very large continent, is made up of many and diverse countries. The influence of the major powers has always been very strong and integral to African life and the security of its people. In his article An assessment of the impact of relations with major powers on national security: Nigeria in perspective, the author presents how this has changed in recent years and how it affects the security of each country in. Mariann Minkó-Miskovics and Csaba Szabó note that there is an inconsistency between European and Hungarian legislation in the field of dual-use regulation, i.e. for civil and defence purposes. Moreover, they are convinced that this inconsistency may pose a security risk. What this means in practice is presented in the article Interpretation of civil vs. military equipment in European case law - EU and Hungary. Jarosław Włodarczyk writes on the importance of a proper understanding of language between different stakeholders in the international military environment. His study focuses on the teaching of English among military personnel in Poland and on those types of words that do not have a direct translation from Polish into English or vice versa. A particular challenge here is how to adequately explain and teach this to military personnel in the educational process. He summarised his findings in his paper The problem of lexical gaps in teaching military English.
23
Rushiti, Ana. "The Impact of The Court Map in the Field of Advocacy." Indonesian Journal of Advocacy and Legal Services 4, no. 2 (September 30, 2022): 243–58. http://dx.doi.org/10.15294/ijals.v4i2.58446.
Full textAbstract:
The rule of law operates in accordance with the law, focusing on the equality of citizens before the law and the prohibition of the arbitrary power of the executive (Government). Justice reform is a mechanism that made it possible for citizens to increase their trust in justice. Justice reform was a mechanism that we had not heard before and it is important in this paper to mention the causes and consequences of justice reform by balancing them to understand its positive and negative sides. Judicial reform has mostly affected judges and prosecutors, but also lawyers in court cases as well and the public had an important role to denounce any judge or prosecutor who had given court decisions in violation of the law but also cases of corruption of judges or prosecutors. In this paper it is very important to address two very important principles sanctioned by the European Convention on Human Rights. the second is a trial within a reasonable time by analyzing court decisions and the importance of respecting deadlines by the courts for a speedy and effective justice. A new innovation taken from the countries of the European Union was the new court map that does not brought a few debates in our country and how the new court map will affect the economy of Albanians given that Albania is a developing country.
24
Sautunnida, Lia. "Urgensi Undang-Undang Perlindungan Data Pribadi di Indonesia: Studi Perbandingan Hukum Inggris dan Malaysia." Kanun Jurnal Ilmu Hukum 20, no. 2 (August 18, 2018): 369–84. http://dx.doi.org/10.24815/kanun.v20i2.11159.
Full textAbstract:
Artikel ini ingin menjawab pentingnya penetapan aturan hukum yang tegas dan kompre-hensif yang dapat memberikan perlindungan terhadap data pribadi yang berlangsung melalui media elektronik di Indonesia. Permasalahan ini muncul dengan perkembangan teknologi informasi saat ini telah menimbulkan persoalan hukum baru, yaitu mengenai perlindungan keamanan atas data pribadi yang berlangsung melalui media elektronik. Banyaknya pihak yang menggunakan media elektronik tersebut sebagai alat komunikasi dan transaksi mengakibatkan terjadinya penyalahgunaan data pribadi. Sejumlah negara seperti Uni Eropa, Amerika, Inggris, Hongkong, Singapura, dan Malaysia, telah memi-liki aturan yang tegas dan komprehensif berkenaan dengan data pribadi. Akan tetapi sampai sejauh ini Indonesia belum punya undang-undang khusus yang mengatur perlin-dungan data pribadi. Di Indonesia aturan mengenai hal tersebut terdapat dalam Pasal 26 UU No. 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik dan juga tercantum dalam beberapa aturan hukum lainnya yang terpisah. Meskipun demikian, Pasal tersebut dianggap umum. hal ini dipandang perlu segera disahkan dalam bentuk undang-undang tersendiri untuk memberikan jaminan keamanan dan perlindungan data pribadi serta dapat memberikan sanksi baik dalam bentuk pidana ataupun perdata bagi yang menyalahgunakan data pribadi tersebut. Urgency of Personal Data Protection Law in Indonesia: Comparative Study of English and Malaysia Law This article aims to answer the importance of enactments assertive and comprehensive legal rules in Indonesia that can provide personal data protection on electronic media. This problem emerges with the recent development of information technology which has led to new legal issues. The issues are about security and protection towards personal data that occured through electronic media. There are people who use electronic media as a tool of communication and transaction which may lead to the abuse of personal data. Some countries such as the European Union, the United States, the United Kingdom, Hongkong, Singapore and Malaysia already have assertive and comprehensive law regarding the protection of personal data; however, so far there is no specific law in Indonesia that regulates personal data protection. In Indonesia, the regulation about personal data protection is stated in Article 26 of Law Number 11 Year 2008 on Information and Electronic Transactions and also this personal data protection regulation listed in several separate legal rules. Nevertheless, it’s Article is considered general. Therefore, it is deemed necessary to be immediately ratified in the form of law to provide security and protection and may impose sanctions in both criminal and civil forms for those who misuse the personal data.
25
Pasechnyk, Olena. "INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 146–57. http://dx.doi.org/10.30525/2256-0742/2022-8-5-146-157.
Full textAbstract:
The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.
26
Stražišar, Borut. "Is principle based legislation smart choice for capital market’s regulation." Journal of Governance and Regulation 1, no. 3 (2012): 107–13. http://dx.doi.org/10.22495/jgr_v1_i3_c1_p4.
Full textAbstract:
Global financial crisis in 2008 posted numerous questions about the reasons and triggers. In past three years world’s economic literature has been full of academic articles analysing each reason or trigger and scientific explanations of possible connections. Majority outcome was, that key factor was excessive use of derivatives and synthetic financial products, which were under regulated or not regulated at all. The outcome was that countries with developed financial markets introduced new regulations and controls in the field of derivatives and synthetic financial products. Term “systemic risk” was introduced in global financial market. But will this approach really prevent such global crisis? Submission is divided in three parts. First part deals with the theory of principle based regulation. Principle based regulation was firstly introduced in UK and latter accepted by European Union in the field of capital markets. It was a way, together with the Lamfalussy process, to make EU regulation acceptable for all member states. Instead of detailed prescribed behaviour, legislation texts prescribe only desirable goals. Implementation is left to each state or, even worse, to each supervised subject. So the implementation should depend on the capital market’s development, capital product’s structure, tradition, investment companies’ size etc. From a distant view, principle based legislation could be seen as a great legislation writing’s technique. It could be seen as an effective solution to regulate a fast developing field without need to change the regulation. But is it true? Second part of the submission addresses the legal questions and problems, connected to the principle based regulation starting with the validity of regulations. Broad definitions in Market in financial instruments Directive (MiFID), introduced for fast adaptation to new financial products and instruments, are now turning into dinosaurs. Contrary to US’s fast action, European Union is still discussing whether spot forex trade is financial instrument or not. On the other hand, broad and unclear definitions, represents a friendly environment for new casino’s financial products. Even recognised financial instruments (like derivatives and synthetic financial instruments) are recognised as gambling contracts by national courts within European Union. Problems with legal enforcement of financial contracts are mentioned also in common law’s literature. There are numerous pages describing the economic and financial essence of each derivative or synthetic financial instrument. But the chapters, dealing with the legal aspects, are short and end with a similar advice: “due to small number of case law and the danger, that courts could interpret such contracts as a gambling contract, we strongly advise to settle all disputes outside the court.” In case of numerous defaults unenforceability of contracts could be the poison pill for the trust in capital markets. Accepted solutions could also be a problem for administrative or criminal sanctions. Broad and unclear definitions could violate the basic principle “nullum crimen sine lege praevia.” And least but not last, in modern financial world sins are made in interpretations of details and not of principles. Third part of submission deals with the necessary assumptions for a workable principle based legislation. It starts with basic legal culture and generally accepted rule of law. It deals with the corporate culture, consumer’s organizations, financial markets and capable supervisors. Only when all the actors perform their expected roles, the principle based legislation could work properly.
27
Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
Full textAbstract:
Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
28
Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
Full textAbstract:
Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
29
Sädevirta, Markus. "Regulation of Fixed-Term Employment Contracts in the EU, France, Finland and the United Kingdom: A Comparative Analysis." International Journal of Comparative Labour Law and Industrial Relations 31, Issue 2 (June 1, 2015): 207–31. http://dx.doi.org/10.54648/ijcl2015012.
Full textAbstract:
This article considers the regulation of fixed-term contracts in the Framework Agreement on Fixed-Term Work, in the light of its key objectives. It considers whether the Framework Agreement has managed to retain open-ended contracts as the main form of employment, to prevent the abuse of successive fixed-term contracts, and to sanction such abuse. The article provides a comparative analysis of the regulations implementing the Framework Agreement and their objectives, and an assessment of whether these regulations meet the said objectives, in three European Union (EU) Member States: Finland, France and the United Kingdom (UK). The relevant CJEU case law indicates that the key principles governing the use of fixed-term contracts, such as the key role of open-ended contracts and the principle of objective reasons, are still too imprecise. This, coupled with the fact that the conditions for using successive fixed-term contracts are not precisely determined in Clause 5 and that the Clause does not have vertical direct effect, leads to the conclusion that the Framework Agreement has partly failed in its objective of preventing abuse arising from successive fixed-term contracts and retaining open-ended contracts as the main form of employment, as recent CJEU case law indicates. The effects of the Framework Agreement in respect of Clause 5 have remained relatively modest in the three countries reviewed. Legislation restricting the use of successive fixed-term contracts was already in place in France and Finland, and thus no implementation measures were needed.The UK was one of the few countries that had to introduce completely new measures to implement the Directive. Even in this case, the Agreement has not resulted in any significant improvement in the protection of fixed-term employees.
30
Lyzohub, Ya H. "Types of Penalties in the Sanction of Part 1 of the Article 296 of the Current Criminal Code of Ukraine: Non-Hidden Challenges with a Hidden Sense." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 197–208. http://dx.doi.org/10.32631/v.2021.3.18.
Full textAbstract:
The author has studied the problem of incorrect legislative definition of the types of punishments in the sanction of Part 1 of the Art. 296 of the Criminal Code of Ukraine, which establishes criminal liability for hooliganism, from the point of view of some constitutive provisions of the General Part of the specified regulatory legal act.
The emphasis has been placed on the non-observance by the domestic law-making agency of the principle of systematic formulation of certain provisions of the current Criminal Code. The author has demonstrated specific violations of logical and legal nature, the presence of which actually makes it impossible to correctly apply Part 1 of the Art. 296 of the Criminal Code of Ukraine. The author has suggested possible ways to overcome the existing problem, including the consideration of the relevant experience of some European countries.
Thus, the substantive part of the article begins with the review of specific types of penalties prescribed in the sanction of Part 1 of the Art. 296 of the Criminal Code of Ukraine, namely a fine, arrest and community service. We observe the gradual transition to a direct analysis of each of these punishments from the point of view of the relevant provisions of the General Part of the current Criminal Code, which determine the content and rules of their application in the norms of the Special Part. Undoubtedly, the possibility of the existence of the specified norm of the analyzed punishments in the sanction has argued the expediency of revision of their form and content, with substantiation of expediency of introducing the corresponding amendments both to Part 1 of the Art. 296 of the Criminal Code of Ukraine, and to the Articles 53, 56, 60, 61, 65, 99, 100, 101.
We note that the current wording of the sanction of Part 1 of the Art. 296 cannot properly perform the tasks of the criminal policy of Ukraine, because the norm is actually deprived of a flexible mechanism for its application in practice.
The incorrect combination of fines, arrest and community service as the main types of punishment for the so-called simple hooliganism is believed the reason for this situation, because the inclusion of such penalties in the sanction of Part 1 of the Art. 296 took place without taking into account some features of their purpose, prescribed in the relevant provisions of the General Part of the Criminal Code of Ukraine.
Two main ways to solve this problem have been suggested. Relevant arguments of some domestic researchers have been provided; references to specific provisions of certain countries of the European Union, where the similar issue found the appropriate decision, have been used in detail.
31
Kärner, Markus. "Punitive Administrative Sanctions After the Treaty of Lisbon: Does Administrative Really Mean Administrative?" European Criminal Law Review 11, no. 2 (2021): 156–76. http://dx.doi.org/10.5771/2193-5505-2021-2-156.
Full textAbstract:
This article analyses the dichotomy between administrative and criminal sanctions in European Union law and aims to establish which limits do the policy goals of the European Union set for the national transposition of administrative sanctions as opposed to criminal sanctions. The article discusses the difficulties in differentiating between administrative and criminal sanctions and gives an overview of the evolution of the European Union sanctioning system from the early competence disputes to the rationale behind the post-Lisbon parallel harmonisation of criminal and administrative sanctions. The final part of the article uses these findings along with the jurisprudence of the European Court of Justice to ascertain the key requirements for transposing European Union administrative sanctions into national law, namely whether the policy goals of the European Union require the formal non-criminal classification of the sanction as a way of negative harmonisation of criminal law.
32
Kolin, Marija, and Lilijana Cickaric. "Gender inequalities in employment, governance and decision-making." Stanovnistvo 48, no. 1 (2010): 103–24. http://dx.doi.org/10.2298/stnv1001103k.
Full textAbstract:
In this paper we examine gender differences in the pattern and level of employment, main characteristics of women's employment and their participation in political institutions, public policy and decision-making process. The analysis contains comparative view pointed out on gender differences in Serbia and European Union and assessment of anti-discrimination measures and active integrative approach to gender participation. The quantitative data derived from official gender sensitive statistics from EU and UN institutions, supplemented by qualitative findings of recent surveys. The evidence presented in the paper pointed out unfavorable position of women in the labor market, characterized by low economic activity, limited access to managerial position and prestige wages, high unemployment, poverty and vulnerability. The Serbian labor market is characterized by a downward rate of activity of women and a high unemployment rate, the latter being the crucial factor of unequal position. Activity of women at the labor market amounting to 54.6% in 2006 relative to the total female population of working age is very low. Economic activity of women is considerably beneath that of men which amounts to 72.7% active men as compared to the total male population of working age. Statistics and reports on the structure of the unemployed show that women are more affected by unemployment than men. It is 1.5 times higher than that of men of the same working age. The unemployment rate in Serbia is one of the highest in Europe, ranging from 21% to 30%, depending on the methodology of calculation. The position of unemployed women is determined by poor opportunities to contract full-time employment, low and irregular payment of unemployment benefits, poor chances for prequalification and professional retraining and a high probability of engagement on unpaid jobs at home or jobs in 'gray economy'. In the second part of the article the differences and similarities in patterns of political behavior of women in Serbia and European Union are examined, considering participation in governance, decision making and public policy. The analysis emphasizes that women are still under-represented in political system and its institutions in Serbia, more then in the most EU countries. Namely, the number of women in politics in Serbia was dramatically reduced in the course of the nineties due to strengthening of nationalistic politics, ethnic conflicts, economic sanctions and isolation of the country. Relative to the socialist period, when participation of women in parliaments was 17%, women completely disappeared from the political scene in this period. After the 1992 elections, only 4.0% women were elected into the Serbian parliament, and after the elections in 2000, of the 250 members of the Serbian parliament, only 27 (10.8%) were women. Finally, participation of women at the 2008 Parliamentary Elections doubled (20,4%) following the introduction of quota for the less represented gender in the Law on Election of Members of Parliament. Representation increased to 21.3% at the local level also. But, women are still underrepresented on leading positions in governing and decision making in public policy. There are three times less women among the legislators, state agencies officials, CEOs, directors and managers. .
33
Payandeh, M., and H. Sauer. "European Union: UN sanctions and EU fundamental rights." International Journal of Constitutional Law 7, no. 2 (March 16, 2009): 306–15. http://dx.doi.org/10.1093/icon/mop008.
Full text
34
Murshetz, Verena. "The Future of Criminal Law within the European Union - Union Law or Community Law Competence?" Victoria University of Wellington Law Review 38, no. 1 (March 1, 2007): 145. http://dx.doi.org/10.26686/vuwlr.v38i1.5661.
Full textAbstract:
Recent developments regarding criminal matters within the European Union (EU) show a trend towards a supranational criminal competence, which could be realised before the entry into force of the European Constitution whose future is uncertain. The strongest indicators in this development are two judgments of the European Court of Justice (ECJ), one that extends the powers of the European Community (EC) over the protection of the environment through criminal sanctions and the other applying the principle of conforming interpretation to framework decisions . This trend is questionable though, as the Treaty of the European Union (TEU) does not confer a criminal competence upon the EC. The third pillar containing criminal matters is intergovernmental in nature. This article critically discusses the recent trend and presents arguments against an implied supranational criminal law within the EU.
35
Masi, Lorenzo Di. "An Overview of EU Sanctions Case Law." Global Trade and Customs Journal 10, Issue 7/8 (August 1, 2015): 250–57. http://dx.doi.org/10.54648/gtcj2015030.
Full textAbstract:
The article provides an overview of the key features of the European Union (EU) case law on sanctions. In particular, it analyses the grounds available to individuals or entities subject to EU sanctions to seek their annulment before the EU jurisdictional organs. These grounds include, most notably, the violation of essential human rights, the failure by EU institutions to state reasons and manifest error of assessment. Moreover, the article discusses the most relevant preliminary rulings on the interpretation of EU sanctions measures delivered by the Court of Justice of the European Union, as well as actions for damages and interim relief.
36
CEBOTARI, Livia. "TRADE BETWEEN CENTRAL AND EASTERN EUROPEAN COUNTRIES AND THE RUSSIAN FEDERATION IN THE CONTEXT OF SANCTIONS AND COUNTER-SANCTIONS." ANNALS OF THE UNIVERSITY OF ORADEA. ECONOMIC SCIENCES 30, no. 2 (December 2021): 435–47. http://dx.doi.org/10.47535/1991auoes30(2)046.
Full textAbstract:
The year 2014 marked the deepest crisis in EU-Russia relations since the dissolution of the Soviet Union. The bilateral relations cooled down because of the Ukrainian conflict. The EU started to impose restrictive measures on Russian Federation and Russia has responded by imposing counter-sanctions. The sanctions imposed by European Union in conjunction with the counter-sanctions adopted by the Russian Federation on EU food imports had massive consequences on the bilateral trade. The main purpose of this research is to identify and evaluate the impact of sanctions and counter-sanctions on trade in goods between eleven Central and Eastern European Countries and the Russian Federation. This paper tries to determine the factors that can explain why, after the adoption of economic sanctions, some Central and Eastern European Countries recorded losses higher than others. The research methodology combines tools of both quantitative analysis and qualitative analysis.
37
Aksenov, I. "USA AND WESTERN EUROPEAN SANCTIONS POLICY WITH RESPECT TO RUSSIA." Vestnik Universiteta, no. 10 (November 28, 2019): 147–51. http://dx.doi.org/10.26425/1816-4277-2019-10-147-151.
Full textAbstract:
The implementation of the sanctions policy of the United States and Western Europe in relation to the Russian Federation has been analyzed. The objectives of the USA and European Union sanctions policies have been identified. The study has been based on the principles of a three-level classification of sanctions aimed at destabilizing the economy of the Russian Federation. Sectors of the economy and companies have been identified, that, have become objects of sanctions policy and have suffered more from USA and European Union sanctions. The role of sanctions as a toolkit, which can influence the political and economic balance of power in the world, has been defined. The opinion of representatives of business of foreign countries on the formation of anti-Russian sanctions has been reflected within the article. The features of the implementation of the sanctions policy in the digital block and cyberspace have been noted.
38
Nusratullin, Ilmir, Raul Yarullin, Tagira Ismagilova, Olga Eremeeva, and Tatiana Ermoshina. "Economic and financial results of the USA and the European Union sanctions war against Russia: first results." Cuestiones Políticas 39, no. 68 (March 7, 2021): 251–72. http://dx.doi.org/10.46398/cuestpol.3968.16.
Full textAbstract:
As part of this study, the goal is set to assess the impact of sanctions imposed by the United States and the European Union on the economy and financial sector of Russia, to identify the effectiveness of the initial goals of these countries. To achieve the goal, the legal acts concerning the imposed sanctions of the USA and the European Union against Russia were first analyzed, a chronology of events was described, and sanctions were classified. Further, based on the data of the World Bank and the Federal State Statistics Service of the Russian Federation, the results of the sanction pressure on the Russian economy and financial sector were estimated. Then the results of this study were compared with the results obtained by other scholars. The paper concluded that the sanctions of the United States and the European Union did have an impact on the economy and financial sector of Russia, but this influence was not as significant as the leaders of these countries expected. In addition, the impact of the sanctions is gradually decreasing despite the introduction of new sanctions on various pretexts.
39
Kontsevaya, Stanislava, and Luboš Smutka. "Influence of Russian Sanctions on Agricultural Trade between Russia and the European Union." Acta Universitatis Bohemiae Meridionalis 23, no. 1 (June 1, 2020): 13–26. http://dx.doi.org/10.2478/acta-2020-0002.
Full textAbstract:
Abstract The European Union is Russia’s largest agricultural trading partner, and this cooperation has a long history. The imposition of sanctions on certain product groups in 2014 significantly affected trading relations. A gravity model helps us to understand and evaluate the characteristics of agricultural trade between countries. The aim of the research is to compare the agricultural trade flow between Russia and the European Union for the period 2000-2017, find some regularity, and estimate the influence of Russian sanctions using regression models for each European country and for particular types of agricultural products. The dataset sample consists of 12,096 observations and 29 countries. The gravity model of the dependence on Russia of imports and exports from each European country takes into account such variables as GDP (US dollar), distance (km) and dummies (a common border, common language, common history and seaport availability). The findings of the research are as follows: the classical gravity model is feasible for imports from Russia to EU countries. Thus, the smaller the distance between countries, the greater the trade flow between them, and the larger the GDP of both countries, the greater the trade flow between them. In addition, the gravity model is feasible not only for countries, but also for the particular group of products. The results of the cluster analysis show the impact of sanctions on each of 24 groups of products imported into Russia (not just those products that have been under Russian sanctions). It is possible to say that the impact of sanctions is deeper than previously thought.
40
Trunov, I. L. "US and European Union sanctions from a position of the rule of law." Bulletin of Russian academy of natural sciences 22 (2022): 92–98. http://dx.doi.org/10.52531/1682-1696-2022-22-3-92-98.
Full textAbstract:
Analysis of international sanctions policy from the standpoint of law. What are the consequences of sanctions for states and sanctioned persons and how this relates to constitutional and legal principles. International conflicts take the form of sanctions against states, legal entities and individual citizens, but as it is regulated by international law. The sanctions policy of pressure that leads to discrimination, creates the prerequisites for hunger and the deterioration of the health care system, is unacceptable and should be regulated by humanitarian law, as well as the rules of war. The author, using the example of individual states, gives examples of the application of sanctions, their goals and objectives, as well as their consequences. Among the international sanctions campaigns, the largest one is against Russia and Russians. 10,128 sanctions have been imposed against citizens of Russia and the Russian Federation. And this number is growing. Arrests of bank accounts, cryptocurrencies, houses, apartments (and all property located in apartments and houses), yachts, planes, paintings, jewelry, etc., owned mainly by businessmen, journalists and officials. The article uses primary sources cited by the author.
41
Sootak, Jaan. "Dear reader,." Juridica International 28 (November 13, 2019): 1. http://dx.doi.org/10.12697/ji.2019.28.00.
Full textAbstract:
A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries. I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak.
42
CARDWELL, Paul James. "The Legalisation of European Union Foreign Policy and the Use of Sanctions." Cambridge Yearbook of European Legal Studies 17 (November 11, 2015): 287–310. http://dx.doi.org/10.1017/cel.2015.11.
Full textAbstract:
AbstractThis article explores the legalisation of the Common Foreign and Security Policy (CFSP) of the European Union (EU) and its increasing use of sanctions. It argues that the breadth and depth of the numerous sanctions regimes in place shows that EU foreign policy is not merely an aspiration but produces law and legal processes which share similarities with those in the rest of the EU’s legal order. Further, the article examines the extent to which non-EU Member States in Europe have aligned themselves with EU sanctions. The argument is made that this is evidence not only of Europeanisation, but also crucially of alegalisedforeign policy which has allowed Europe-wide, EU-led foreign policy to emerge.
43
Kuvaldin, Stanislav. "The Values of the European Union and their Protection under European Law." Contemporary Europe, no. 100 (December 31, 2020): 27–37. http://dx.doi.org/10.15211/soveurope720202737.
Full textAbstract:
Article 7 of the Treaty on the European Union provides for a mechanism for responding to violations by member states of the values of democracy, equality, the rule of law and respect for human rights proclaimed by the Union, as well as the introduction of sanctions against the violating state. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its use. The article analyzes the history of the appearance of Article 7 in European legislation and the first attempts of a pan-European influence on dubious decisions of the member states. Based on the example of Poland and Hungary in respect of which the possibility of applying sanctions under the Article 7 procedure is now being discussed, it is concluded that such an outcome is unlikely. It is shown that Article 7 was deliberately created in such a way as to limit the actions of pan-European structures, to leave decisions in the hands of national governments and to provide an opportunity to solve the problem through negotiations. It also shows the process of searching for alternative ways of influencing the violating states.
44
Saltnes, Johanne Døhlie. "Norm collision in the European Union’s external policies: The case of European Union sanctions towards Rwanda." Cooperation and Conflict 52, no. 4 (June 6, 2017): 553–70. http://dx.doi.org/10.1177/0010836717710528.
Full textAbstract:
The European Union (EU) is the world’s biggest donor of aid to developing countries. The provision of EU aid is conditional on respect for human rights and democratic principles in the recipient countries. This article questions to what extent norms always yield to interests in decisions over whether to sanction breaches of human rights and democracy. Building on a theory that allows the simultaneous consideration of different norms, the article suggests that rather than interests being the determining factor when the EU takes decisions on implementing sanctions, the weighing of various norms and the choice to follow one of them can explain why sanctions have been avoided in certain cases in Rwanda. The article shows that this weighing of different norms plays an important role in foreign policy decisions and can have concrete consequences with regard to sanctions. In so doing, it advances the literature on the EU’s global role by developing a theoretical account of the evaluation process and the ultimate decision to act in accordance with one norm in particular.
45
Platon, Sébastien. "The ‘Equivalent Protection Test’: From European Union to United Nations, from Solange II to Solange I." European Constitutional Law Review 10, no. 2 (August 14, 2014): 226–62. http://dx.doi.org/10.1017/s1574019614001175.
Full textAbstract:
Human rights – European Convention on Human Rights – European Union – United Nations – Smart sanctions – Constitutional law – French law – German law – Conflicts between legal systems – Equivalent protection – Solange
46
Panov, Filipp Yur'evich. "EU Restrictive Measures with Respect to third States and their Residents (the Case of the Russian Federation)." Международное право, no. 3 (March 2022): 54–65. http://dx.doi.org/10.25136/2644-5514.2022.3.38850.
Full textAbstract:
The historical development of the practice of applying restrictive measures (sanctions) has led to a transition from the idea of their application against States to the concept of their application against individual private law entities. The article examines the historical practice of applying sanctions against Russia and the prerequisites for their application against private law entities. The author gives a general description of the restrictive measures of the European Union used against third States and individuals. In addition, the article examines the specifics of the restrictive measures of the European Union that have been in force against Russia since 2014, taking into account their significant expansion that occurred after February 24, 2022. The legal regulation of the European Union, which establishes restrictive measures against the Russian Federation, was significantly expanded and revised after the announcement by the President of Russia about the beginning of a special military operation in Ukraine. As a result of the analysis of this regulation, the author comes to the conclusion that at the moment there is a hybrid sanctions regime in the European Union, when targeted sanctions against individuals are combined with comprehensive restrictive measures against a number of sectors of the Russian economy. The article also assesses the compliance of restrictive measures of the European Union with modern concepts of "smart" and "targeted" sanctions, which, according to the supporters, should reduce the negative humanitarian consequences of the use of restrictive measures. Despite the official statements of the European Union, the article presents arguments that allow us to conclude that in practice such "smart" and "targeted" sanctions are accompanied by indiscriminate comprehensive restrictions that apply not only to sanctioned persons, but also, in principle, to any Russian persons.
47
Sachs, Bärbel. "European Union Financial Sanctions Law and Its Application to Subsidiaries of Listed Entities." Global Trade and Customs Journal 8, Issue 9 (September 1, 2013): 268–73. http://dx.doi.org/10.54648/gtcj2013037.
Full textAbstract:
A major challenge for economic operators with regard to European Union financial sanctions law is the sometimes inconsistent and contradictory interpretation of the rules amongst the Member States. In February 2013, the Council of the European Union adopted new interpretative guidelines with regard to the interpretation of the prohibition to make available funds or economic resources through persons or entities owned or controlled by listed persons or entities. While coherent interpretation has - partially - been established, the new guidelines continue to raise issues of legal certainty and reverse the burden of proof under financial sanctions law.
48
van der Wilt, Harmen. "Court of Justice of the European Communities." European Constitutional Law Review 2, no. 2 (June 2006): 303–9. http://dx.doi.org/10.1017/s1574019606003038.
Full textAbstract:
The European Union has been tightening its grip on the criminal laws of the member states. Article 31 of the Treaty on European Union introduced the framework decision as the appropriate instrument to harmonize criminal law. In this way, member states may be required to adopt minimum levels of criminal definitions and sanctions. This is a matter of ‘third pillar’ law. The case under scrutiny, however, is a perfect illustration of the delicate relationship between EU first pillar law and domestic criminal law.
49
Rovetta, Davide, Agnieszka Smiatacz, and Giani Pandey. "Don’t Wake up the (EU) Bear! The Scope of the EU Blocking Regulation 2271/96 in Light of the Recent Preliminary Ruling Reference in Bank Melli V. Telekom Deutschland Case, C-124/20." Global Trade and Customs Journal 16, Issue 2 (January 1, 2021): 44–58. http://dx.doi.org/10.54648/gtcj2021006.
Full textAbstract:
The present article describes the main features of the EU Blocking Regulation aimed at obstructing the application in the EU of US secondary economic sanctions. The recent preliminary ruling request by a German Court on such Regulation in the Bank Melli v. Telekom Deutschland case could open the door for the Court of Justice of the European Union granting a strong and unconditional enforcement of such EU Regulation against US secondary sanctions. If this were to happen, the compliance policy of companies present in the European Union will be dramatically impacted. Although the case is yet to be decided, most likely in the first half of 2021, the present article addresses main points concerning the relevant aspects for the application and interpretation of the EU Blocking Regulation. Blocking Regulation, Cuba, Economic sanctions, Embargo, EU, European Court of Justice, Iran, OFAC, Preliminary reference, Primary Sanctions, Secondary sanctions
50
Economou, Athina, and Iacovos N. Psarianos. "Revisiting Okun’s Law in European Union countries." Journal of Economic Studies 43, no. 2 (May 9, 2016): 275–87. http://dx.doi.org/10.1108/jes-05-2013-0063.
Full textAbstract:
Purpose – The purpose of this paper is to examine Okun’s Law in European countries by distinguishing between the transitory and the permanent effects of output changes upon unemployment and by examining the effect of labor market protection policies upon Okun’s coefficients. Design/methodology/approach – Quarterly data for 13 European Union countries, from the second quarter of 1993 until the first quarter of 2014, are used. Panel data techniques and Mundlak decomposition models are estimated. Findings – Okun’s Law is robust to alternative specifications. The effect of output changes to unemployment rates is weaker for countries with increased labor market protection expenditures and it is more persistent for countries with low labor market protection. Originality/value – The paper provides evidence that the permanent effect of output changes upon unemployment rates is quantitatively larger than the transitory impact. In addition, it provides evidence that increased labor market protection mitigates the adverse effects of a decrease in output growth rate upon unemployment.