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1
Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich, and Aleksey Valerievich Sereda. "The EU law and the law of third countries: problems of interaction." SHS Web of Conferences 118 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Zimmer, Reingard. "Living wages in international and European law." Transfer: European Review of Labour and Research 25, no. 3 (August 2019): 285–99. http://dx.doi.org/10.1177/1024258919873831.
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A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the right to a living wage, which should be at least 60 per cent of the net average wage. The Charter is legally binding for EU institutions, agencies and other bodies. Member States are bound only to the extent that the material scope of the relevant EU laws has been opened, which is the case when EU law is implemented or when obligations arising out of specific Union legislation are required for the relevant subject area, as will be explained in the article. In purely national situations nevertheless, values laid down in international law have to be observed when interpreting national laws.
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Satesna, Dhezya Pandu. "Legal Personality of ASEAN as the Subject of International Law: Contemporary Developments." International Law Discourse in Southeast Asia 1, no. 1 (January 31, 2022): 65–78. http://dx.doi.org/10.15294/ildisea.v1i1.56871.
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The Organization of Southeast Asian Nations (ASEAN) has unique characteristics, apart from the legal systems in Southeast Asian countries that are different from one another, but also have different historical aspects. If ASEAN is compared to the European Union, which has the same legal vision, characteristics of society, and even a uniform financial system, ASEAN does not yet have this uniformity. This study aims to identify the legal personality for ASEAN as a subject of international law. This study looks at various theories and concepts regarding international organizations as subjects of international law. This study confirms that the basis for ASEAN legal personality as a subject of international law can be seen in the ASEAN Charter, however, this form of legal personality is still limited.
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Forni, Federico. "Diplomatic Protection in EU Law: What’s New under the Sun?" Hague Journal of Diplomacy 9, no. 2 (March 31, 2014): 150–75. http://dx.doi.org/10.1163/1871191x-12341274.
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Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.
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Guild, Elspeth. "EU Citizens, Foreign Family Members and European Union Law." European Journal of Migration and Law 21, no. 3 (August 7, 2019): 358–73. http://dx.doi.org/10.1163/15718166-12340055.
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Abstract While international human rights law enshrines family life as a cornerstone of society, when it intersects with migration, issues and problems arise in countries where migration is high on the political agenda. This is true in a number of EU states. Both EU law and European human rights commitments, however, require states to provide for family reunification subject to a margin of discretion to the state. While family reunification for refugees and beneficiaries of international protection has been at the top of some political agendas in Europe, this article looks at family reunification (generally known as family reunion) for another group—nationals of the Member States. In particular it poses two questions: do EU Member States accept their own nationals to come back to their home state with third country national family members they have acquired while abroad? Secondly, to what extent do EU Member States discriminate against their own nationals in comparison with the generous EU rules of family reunion for nationals of other Member States who have exercised a free movement right in their country. This article is based on reports by experts from all EU Member States in light of the 2014 judgment in O & B (C-456/12) by the Court of Justice of the European Union.
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Sari, Aurel. "THE CONCLUSION OF INTERNATIONAL AGREEMENTS BY THE EUROPEAN UNION IN THE CONTEXT OF THE ESDP." International and Comparative Law Quarterly 57, no. 1 (January 2008): 53–86. http://dx.doi.org/10.1017/s0020589308000031.
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AbstractBetween 2002 and 2007, the Council of the European Union has entered into more than 70 international agreements with third parties pursuant to Article 24 of the Treaty on European Union in order to address various legal and practical matters relating to the conduct of EU crisis management missions in third countries. The purpose of this article is to examine the Council's practice in the implementation of Article 24 of the Treaty and to assess the widely held view that the international agreements concluded under this provision offer conclusive proof of the EU's status as an independent subject of international law. Even though the Council's recent practice does indeed suggest that it concludes international agreements on behalf of the Union as such, this does not lay to rest all uncertainties surrounding the EU's nature as an international legal person.
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Margolis, Justin. "When Jumbo Jets Share the Sky: Civil Aviation in the European Union and the United States of America." European Foreign Affairs Review 19, Issue 1 (February 1, 2014): 83–100. http://dx.doi.org/10.54648/eerr2014005.
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The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
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Veselinov, Jelena. "Endowments in European law: Current state and perspectives." Glasnik Advokatske komore Vojvodine 93, no. 3 (2021): 700–733. http://dx.doi.org/10.5937/gakv93-28640.
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Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.
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Huang, Xiaoqing. "Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information: EU Data Protection Rules and Cases." Intertax 46, Issue 3 (March 1, 2018): 225–39. http://dx.doi.org/10.54648/taxi2018024.
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With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying the interrelationships between rules in EU Directives regarding administrative administration and those regarding data protection. Moreover, relevant Court of Justice of the European Union (CJEU) case law will be discussed in light of the afore-mentioned rules, highlighting the insufficiencies of prevailing AEOI legislation in ensuring proportionality and taxpayer protection in third countries. Finally, the newly adopted General Data Protection Regulation will be assessed.
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Chetverikov, A. O. "From the European Health Community to the European Health Union: The Project of the Supranational Health and Research Organization of the European Countries and its Historical Destiny." Lex Russica, no. 6 (July 5, 2021): 138–53. http://dx.doi.org/10.17803/1729-5920.2021.175.6.138-153.
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The paper examines the little-known pages of the legal regulation of international integration in Europe: the project of the creation in the middle of the 20th century of the European Health Community (EHC) and its relationship to the current project for the establishment of the European Health Union. The introduction examines the reasons for the ineffective response of the modern European Union (EU) to the global coronavirus pandemic, mainly due to the lack of European institutions, in contrast to the economy and a number of other spheres of public life, supranational powers in the field of health.The first section analyzes the main provisions of the draft EHC presented by the French Government in 1952 and became the subject of an international "preparatory conference" with the participation of 16 European countries at the end of the same year. The author gives special attention to the legal consolidation in the EHC draft founding treaty of "sanitary activities" (prevention and counteraction of various types of diseases); "cultural provisions" dedicated to the collection of information, the development of scientific research and education in the field of health; provisions on the creation of a common therapeutic and research infrastructure of the EHC; the political and legal nature of the EHC as a supranational organization with restrictions in its favor of the sovereign rights of the participating states.The second section describes and evaluates the domestic, foreign, and economic factors that prevented the creation of the EHC.The final section examines the impact of the EHC on the law-making and law-enforcement activities of the modern EU, and compares the legal model of the EHC with the model of the European Health Union, which was established in the end of 2020. There are also proposals for using the experience of European integration in the field of healthcare for the development of integration processes in a similar field between Russia and other former Soviet republics, including the creation of common medical and research centers under the auspices of the Union State of Russia and Belarus and (or) the Eurasian Economic Union, equipped with mega-science facilities (synchrotrons, etc.), other advanced infrastructure of scientific theoretical and scientific applied nature.
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Järvelaid, Peeter. "Estonian Legal Culture on the Threshold to the 21st Century." International Journal of Legal Information 29, no. 1 (2001): 75–83. http://dx.doi.org/10.1017/s0731126500000858.
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The Republic of Estonia is one of those European countries for which the year 1918 meant a deep and radical change in the development of their states. During the last decade, these states – Austria, Hungary, the Czech Republic (the Czech and Slovak Federal Republic in 1918), Poland, Finland, Lithuania, Latvia and Estonia – have all become Member States of or applicant countries to the European Union. On 28 July 1922, the Republic of Estonia was de jure recognized by the Government of the United States. This was an important act, since soon afterwards, on 22 September 1922, Estonia became a member of the League of Nations. Estonia had thus become a subject of international law.
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Šunjka, Tomislav. "European system of central banks and the European central bank." Glasnik Advokatske komore Vojvodine 71, no. 12 (1999): 82–95. http://dx.doi.org/10.5937/gakv9903082q.
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Yugoslavia is being late with forming of European Union law experts. As we arc not the leading country in the international business relationships, we aproach to new rules of EU by empirical way. I believe that young lawyers should be tought that this branch of law already exists, that it lives by it's own life, that it depends upon movements of European business, that the contents of those rules is being made at European level and that other countries are unable to avoid their aplication with their boundaries and interpretations, because every boundary of such kind presents selfdisconection from taking part in European business trade. It is certain that some business subjects and national countries can impact on creation and changing of existing standards, but they also have to respect standards that are in use. It is the condition for taking a part in European business trade cooperation and to that condition a special attention must be payed in our country, which is being emphasized every day by our law and business practise as unavoidable need of our business development.
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Boichuk, A. Yu, and V. V. Humeniuk. "LEGAL PERSONALITY OF POLITICAL PARTIES IN UKRAINE AND MEMBER STATES OF THE EUROPEAN UNION: COMPARATIVE LEGAL RESEARCH." Соціальний Калейдоскоп 1, no. 3 (June 20, 2020): 16–24. http://dx.doi.org/10.47567/bomivit.1-3.2020.02.
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The article examines the trends that have led to a significant increase in the legal personality of political parties in many European countries over the last decade. The growing role of political parties in the modern conditions of a developed democracy requires a revision of the standards of European legislation on their activities.
Important issues of legal rights and obligations of political parties in accordance with both international standards and the legislation of Ukraine are revealed; defines the concepts of "subject of legal relations" and "legal capacity", as well as the legal side of the legal personality of a political party; formulates precise legal criteria and bases for recognition of a political party as a subject of law. A comparative legal study of the legal personality of political parties in Ukraine and the Member States of the European Union.
The European standards on the legal personality of political parties have already been developed in most European countries and are aimed at achieving the constitutional and legal order is noted. The Law on Political Parties is a common denominator of legislative work, which regulates the organization of political parties and the financing of their participation in election campaigns.
The development and implementation of standards for regulating the activities of political parties is a very important component of protecting the principles of a democratic society is determined. The importance of the role that political parties play in governance at both the national and supranational levels, this issue is currently given great importance in the European Union are given. The introduction of European standards in national legislation enables the state to effectively regulate the activities of political parties.
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Andrzejczak-Świątek, Małgorzata. "The process of reconciliation between Serbia and Kosovo and the international legal strategies of the EU States, the USA, and Russia(with particular emphasis on the activities of the Kosovo Specialist Chambers)." Rocznik Instytutu Europy Środkowo-Wschodniej 19, no. 4 (December 2021): 109–25. http://dx.doi.org/10.36874/riesw.2021.4.6.
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The aim of this article is to analyse the international legal and political process of reconciliation between Serbia and Kosovo in terms of its impact on the scope of development directions and strategies of the European Union countries as well as Russia and the USA. Particular emphasis was placed on the treatment of these issues in the light of the activities of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office. The main theses assumed for the purposes of this article are as follows: firstly, that the policy of reconciliation between Serbia and Kosovo is multidimensional, including the necessity of the process of international criminal liability for the crimes committed by both states, while at the same time influencing the dilemmas of the development directions of individual European countries, but also of the European Union and the United States. In addition, the legal and political stabilization of the Balkan region, especially in the context of relations between Kosovo and Serbia, and the possibility of cooperation with these states as part of intergovernmental international organizations, is strategically extremely important for the EU, the USA, as well as for Russia. The Author critically analyses issues using polemics with the standpoint presented in the doctrine of the subject as well as interpreting selected instruments of international law and Kosovo’s national law. The deliberations resulted in conclusions as to the determinants in terms of the directions of the legal and political development of the EU and Russia resulting from the complicated process of reconciliation and mutual settlement of sins by Serbia and Kosovo.
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Paula Araújo, Anne Carolina de, Thiago Farias Nobrega, and Viviane Souza do Amaral. "International and National Regulations on Management of Pharmaceutical Products and their Post-Consumer Waste." Revista de Gestão Social e Ambiental 16, no. 2 (August 1, 2022): e02944. http://dx.doi.org/10.24857/rgsa.v16n2-007.
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Purpose: To analyze the international and national legal and normative devices regarding the management of pharmaceutical products and their post-consumption waste. To guide this review, the following question was posed: what is the national and international evidence on the management of pharmaceutical products and their post-consumption waste? Method/design/approach: Descriptive review consisting of an investigation of technical and normative documents. To this end, representative countries of the European Union, North America, and South America were included in this review. Results and conclusion: They were found to be: (1) the European Union model, which is characterized in a general framework for all Member States; (2) the North American model, where most countries are not subject to a common regulatory framework; (3) the South American model, where most countries have legal provisions implemented at the national level. Thus, it is inferred that the countries analyzed have regulations, even if in different spheres of government. Research implications: The contributions point to the knowledge of the legislations, provoking questioning about the way they are being executed and the concretization of these changes. Originality/value: The development of this research allows us to know the history of the legislations and have a broader and more critical view of the theme, so that measures can be taken to mitigate and remediate the impacts.
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Horbal, Nataliya, Uliana Kohut, and Uliana Motorniuk. "Analysis of the competitiveness of the EU and its member countries." Management and Entrepreneurship in Ukraine: the stages of formation and problems of development 2021, no. 1 (June 1, 2021): 193–203. http://dx.doi.org/10.23939/smeu2021.01.193.
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With the convergence of national markets of individual countries and the revival of globalization processes, international competition is growing not only among producers of goods and services, but also among regions and countries. There are a significant number of approaches to the analysis and improvement of countries’ competitiveness. Given Ukraine’s European integration pass, we consider the EU countries to be a key benchmark for its development. The EU, as a union of democratic European countries working together for peace and prosperity, must support a high competitiveness for both the Union as a whole and its member states in the face of increasing global competition. European integration has a significant positive impact on the development and competitiveness of the EU. However, in recent decades, it has deteriorated somewhat compared to global leaders due to dynamic changes in the international environment. As shown, EU countries (primarily the Netherlands, Sweden, Denmark, Finland) occupy high positions in international rankings (Global Competitiveness Indexes of the WEF and IMD, Legatum Prosperity Index, ERT Benchmarking Report, Business Europe Reform Barometer), and especially sustainable development (SDSN Sustainable Development Index) etc. However, in a number of key areas, many EU countries and the Union generally lag behind world leaders. Today’s open and export-oriented European economy suffers from weak demand for investment and consumer goods, slow development of innovative and digital businesses etc. Instead, the EU is a global leader in achieving the goals of sustainable development. Experts primarily recommend strengthening the EU’s single market and supporting new technologies, while all European countries should increase productivity, which requires greater investment in critical infrastructure, innovative technologies, skills development and labor market efficiency. Оn the other hand, European companies should constantly take into account the global situation and dynamics and modernize their competition policy accordingly. Ukraine’s adoption of the best European experience of raising the competitiveness, taking into account the obtained conclusions, may be the subject of further research.
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Varul, Paul. "The Creation of New Estonian Private Law." European Review of Private Law 16, Issue 1 (February 1, 2008): 95–109. http://dx.doi.org/10.54648/erpl2008005.
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Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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De Coensel, Stéphanie. "Self-Study, Obtaining or Viewing Terrorist Material Over the Internet: A Legitimacy Test of Consumer-Oriented Criminal Law Provisions in Four Western-European Countries." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 4 (December 16, 2020): 379–406. http://dx.doi.org/10.1163/15718174-bja10006.
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Abstract The internet is a key source of information, communication and propaganda in the context of terrorism. Policymakers increasingly resort to measures that monitor, control and punish internet-related activity. One type of measures concerns the criminalisation of consumers of certain terrorist material over the internet, ranging from self-study over more specific autonomous provisions. This contribution aims to subject this criminal law approach to a legitimacy test, studying the minimum standards of the European Union, as well as the legal framework of four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom). This critical-legal analysis consists of a remote harm analysis, a human rights assessment and a necessity argument. It is argued that the expansion of the scope of criminal liability to a pre-crime era conflicts with certain premises of criminal law and human rights law.
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Aronovitz, Alberto M. "Individual Patrimonial Rights Under the European Human Rights System: Some Reflections on the Concepts of Possession and Dispossession of Property." International Journal of Legal Information 25, no. 1-3 (1997): 87–104. http://dx.doi.org/10.1017/s073112650000812x.
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Both in general and in regional international law, the subject of private patrimonial rights presents a spectrum of interesting points for discussion. Amid the most notorious issues that have loomed in recent times in relation to this topic, one could refer to the dispute over the dormant accounts of Holocaust victims in Switzerland and other European countries (or, more widely, to the entire question of gold and other property stolen by the Nazis during the Second World War), to the problem of reprivatization of property in Eastern Europe, or to the issue of restitution of property taken in pursuance of communist reforms in the former Soviet Union and its former satellite countries.
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Gergondet, Edouard. "The European Union’s Proposed Carbon-Border Adjustment and Its Impact on Trade With Africa." Global Trade and Customs Journal 16, Issue 11/12 (November 1, 2021): 564–71. http://dx.doi.org/10.54648/gtcj2021071.
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On 11 December 2019, the European Commission officially presented its proposed carbon border adjustment mechanism (CBAM), which seeks to address carbon leakage by putting a price on carbon-intense imports into the European Union (EU). In essence, importers in targeted sectors (cement, electricity, fertilizers, iron, steel and aluminium) would be required to monitor and declare greenhouse gases (GHG) emissions embedded in products coming from outside the EU so as to purchase and surrender each year ‘certificates’ offsetting such emissions. Such a carbon border adjustment, to the extent it only covers specific sectors, at least in its initial phase, would not equally affect African countries. Trade with most of the continent would – in general – not be subject to such an adjustment. However, specific industries, primarily in Northern and Southern Africa, including in least developed countries, would shoulder the pain associated with such an adjustment, both in terms of costs and risks of trade diversion. Africa has little contributed to the situation which the EU seeks to tackle by putting a price on carbon globally. In order to mitigate the impact on Africa, specific tools should be considered, including outright exclusions, reinforced cooperation towards decarbonization and partnerships building on existing trade agreements. Africa, Algeria, Egypt, Libya, Morocco, Tunisia, Mozambique, South Africa, Zimbabwe, Trade, Environment, Energy, Carbon Leakage, Carbon Border Adjustment, Border Adjustment, European Union
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Karapinar, Baris. "Export Restrictions and the WTO Law: How to Reform the Regulatory Deficiency." Journal of World Trade 45, Issue 6 (December 1, 2011): 1139–55. http://dx.doi.org/10.54648/trad2011040.
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Trade barriers in the form of export restrictions imposed on various food products and natural resources have been subject to extensive public attention. A notable illustration of the growing importance of export restrictions was the establishment of a panel by the World Trade Organization (WTO) Dispute Settlement Body (DSB) in December 2009 to examine complaints brought by the United States, the European Union (EU), and Mexico concerning China's export restriction policies. While export restrictions undermine the stability of the multilateral trading system by distorting global markets, the WTO law regulating this field arguably represents a case of 'under-regulation' or 'regulatory deficiency'. Hence, stricter WTO regulation in this area of apparently large 'policy space' is needed. However, various reform proposals submitted to the WTO face strong opposition mainly from developing countries. In this context, this article attempts to illustrate how a sufficiently 'differentiated' reform agenda on export restrictions could help maintain the stability of the multilateral trading system while addressing the legitimate concerns of developing countries.
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Jovanovic, Marija. "International Law and Regional Norm Smuggling: How the EU and ASEAN Redefined the Global Regime on Human Trafficking." American Journal of Comparative Law 68, no. 4 (December 1, 2020): 801–35. http://dx.doi.org/10.1093/ajcl/avaa030.
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Abstract The European Union (EU) and the Association of Southeast Asian Nations (ASEAN) have developed fundamentally different regional regimes to address human trafficking despite both drawing on the framework established by the U.N. Palermo Protocol. These regimes have been deployed to achieve different missions: crime control animates the European framework whereas migration management informs the ASEAN regime. These different regional agendas have led to all central elements of the respective antitrafficking regimes being addressed differently including, the legal authority of the regional regime over domestic legislation, the allocation of responsibility between “sending” and “receiving” countries, their approaches to subjects of human trafficking, and the connectedness of each antitrafficking instrument to the wider regional regimes. The two regional responses challenge general assumptions about the universality and coherence of the growing international legal framework on human trafficking.
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Uhma, Piotr. "Joined Cases C-585/18, C-624/18, C-625/18." American Journal of International Law 114, no. 4 (October 2020): 743–49. http://dx.doi.org/10.1017/ajil.2020.80.
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The judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) announced on November 19, 2019 in response to a preliminary reference from the Polish Supreme Court is of fundamental importance for the independence of courts and judges in EU countries, establishing a pillar on which subsequent CJEU decisions have been based. The CJEU concluded that a national court is not an independent and impartial tribunal within the meaning of the European Union (EU) law where the objective circumstances in which that court was formed, its characteristics, and the means by which its members have been appointed are capable of giving rise to legitimate doubts, in the minds of subjects of the law, as to the imperviousness of that court to external interference. In particular, a court may cease to be seen as independent or impartial when it appears to be under the direct or indirect influence of the legislature and/or the executive, or where doubts emerge about their neutrality with respect to the interests before them. Such circumstances threaten the trust that justice in a democratic society must inspire in subjects of the law.
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Jones, Meg Leta. "The right to a human in the loop: Political constructions of computer automation and personhood." Social Studies of Science 47, no. 2 (April 2017): 216–39. http://dx.doi.org/10.1177/0306312717699716.
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Contributing to recent scholarship on the governance of algorithms, this article explores the role of dignity in data protection law addressing automated decision-making. Delving into the historical roots of contemporary disputes between information societies, notably European Union and Council of Europe countries and the United States, reveals that the regulation of algorithms has a rich, culturally entrenched, politically relevant backstory. The article compares the making of law concerning data protection and privacy, focusing on the role automation has played in the two regimes. By situating diverse policy treatments within the cultural contexts from which they emerged, the article uncovers and examines two different legal constructions of automated data processing, one that has furnished a right to a human in the loop that is intended to protect the dignity of the data subject and the other that promotes and fosters full automation to establish and celebrate the fairness and objectivity of computers. The existence of a subtle right across European countries and its absence in the US will no doubt continue to be relevant to international technology policy as smart technologies are introduced in more and more areas of society.
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Hretsa, S. M. "Types of constitutional responsibilities of man and citizen in Ukraine and in the European Union." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 46–49. http://dx.doi.org/10.24144/2307-3322.2021.66.8.
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The article is devoted to the study of the range of responsibilities of man and citizen in Ukraine and the European Union, the formation of an approach to their classification. The following range of human responsibilities in the EU have been identified: equality between women and men in terms of pay; non-discrimination; respect for human dignity; receiving compulsory education; completion of compulsory school education. The following range of responsibilities of an EU citizen has been identified: to perform military service in relation to one of the EU member states; to be registered as conscripts in one of the EU member states. Such a range of human responsibilities has been established in Ukraine (strict observance of the Constitution of Ukraine and laws of Ukraine; non-encroachment on the rights and freedoms, honor and dignity of others; responsibilities in marriage and family; parents are obliged to maintain children until they reach adulthood adult children are obliged to take care of their disabled parents; to obtain a complete general secondary education; not to harm nature, cultural heritage; to compensate for damages; to pay taxes and fees in the manner and amount prescribed by law) and the duties of a citizen of Ukraine (protection of the Fatherland, independence and territorial integrity of Ukraine; respect for the state symbols of Ukraine). According to these criteria, the responsibilities of man and citizen are classified into the following groups: criterion "subject": 1) human responsibilities; 2) responsibilities of a citizen; by the criterion of "form of implementation": 1) individual; 2) collective; by the criterion of "content": 1) economic; 2) social; 3) cultural; 4) political; 5) others; according to the criterion of "source" of consolidation: 1) enshrined in the founding treaties of the EU; 2) enshrined in international (additional) EU agreements with international organizations and other countries; 3) enshrined in regulations, directives, recommendations; conclusions; 4) contained in the decision of the Court of Justice, the conclusions of the Court of Justice; 5) contained in the national legislation of the EU member states, third countries; 6) according to the criterion of the circle of subjects in relation to which they are assigned: 1) in relation to other people; 2) in relation to the world community; 3) in relation to future generations.
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Humeniuk, Tetjana. "Crisis process in the development of European Countries at the current stage of the EU." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 113–24. http://dx.doi.org/10.33098/2078-6670.2021.11.23.113-124.
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Purpose.. The aim of the article is to analyze the issues of the relationship between the phenomena of convergence and divergence on the basis of the activities of the European Union. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that the crisis process observed in the development of the EU has given impetus not only to Euroscepticism, but also to the intensive search for new approaches to the development of European integration. The crisis in the EU stimulates attempts to implement the course on completing the formation of the EMU. Global financial and economic crises have a more significant negative impact on the dynamics of GDP of «outsider countries» compared to «leading countries», and differences between them are increasing as a result. The politicization of international economic relations usually strengthens the position of developed countries and weakens all others, which leads to a similar result. Imperfect policies for the integration of the emigrant population into European society are exacerbating relations between the native population of European countries and immigrants, growing anti-immigrant sentiment and mass protests by Europeans against the migration policies of national governments. Scientific novelty. The study found that most EU leaders are fully aware of the need for structural convergence, namely overcoming structural and cyclical differences among the economies of euro-area countries, as well as the main and secondary risks of divergence as a destructive phenomenon that can disrupt the established social, political, legal and economic order within the EU. Practical significance. Research materials can be used for comparative law studies.
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Martirosyan, E. G. "Legal Regulation of the EU Common Agricultural Market." Journal of Law and Administration 16, no. 2 (June 26, 2020): 89–97. http://dx.doi.org/10.24833/2073-8420-2020-2-55-89-97.
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Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs, as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.
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Klovach, E. V., G. M. Seleznev, and A. Yu Sulimov. "Relationship between the Classification of Chemical Products and Criteria for Qualifying Objects as Hazardous Production Facilities." Occupational Safety in Industry, no. 10 (October 2022): 27–32. http://dx.doi.org/10.24000/0409-2961-2022-10-27-32.
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In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents. In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products. Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities. The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents. When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.
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Доронина, Наталия, Nataliya Doronina, Наталья Семилютина, and Natalya Semilyutina. "Information Technologies and Economic Relations: Problems of International Conventional Unification in EAEU." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14372.
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Since 2013, at the State Duma initiative, each April Saint-Petersburg has hosted the “Eurasian Economic Perspective” International Forum. This discussion venue for the exchange of opinions by parliament members of the post-Soviet states, with the participation of scientists, representing humanitarian sciences and education, furthers, among other things, the goal of the states’ integration and their economic development. The topic for discussion offered this year was the implementation problems of the Treaty on the Eurasian Economic Integration as of January, 1, 2015. One of the main integration problems is the problem of unification and harmonization of national legislations of the Treaty countries. The key question of the unification process is separation of powers and competences of the integration organization’s common body and the participating countries’ national bodies. The understanding of the supranational power of the common body is not correct. The integration experience in other unions between the states proves the importance of the sovereignty principle in the integration process. The author provides the analysis of former integration experience. For example, CMEA (Council of Mutual Economic Assistance) united the former Eastern European socialist republics and South-Eastern Asia and was dissolved in 90-ies after the transition of the States — participants to market economy. Notwithstanding its dissolution, CMEA created effective integration instruments on the basis of unification of national legislations: The CMEA General Conditions of Delivery. This instrument of the socialist common market continues to be practiced as model conditions for international contracts. The legal instrument of the International Business Corporation (IBC) has initiated the movement of resources that can be compared to the movement of capital in a free-market world. The CMEA experience has provided basic knowledge of cooperation, which was later used in other integration groups. The article also covers the economic integration of the European Union. It can be useful from the point of view of critics of “federalist” theories on the nature of integration of a group of states. The latter remains, as the authors show, to be subject to the International Law system. It is quite logical, that due to this position of the authors, they pay special attention to the key role of national legislation in the integration process. On the basis of the analysis of the Andean Common Market experience the authors underline the features of integration in the Latin American region. The comparative analysis of international regional unions of states is necessary to make the work of the Eurasian International Economic Union (EAEU) more effective. The Information Law is the technique that provides the diffusion of the most effective models of regulation for the purpose of economic integration. This approach in solving problems of economic integration in EAEU seems to be useful in search of the ways to overcome difficulties of the integration process.
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Härkönen, Elif. "Conflict Minerals in the Corporate Supply Chain: Is Transparency the Solution to Human Rights Violations in the Tantalum, Tin, Tungsten and Gold Supply Chains?" European Business Law Review 29, Issue 5 (September 1, 2018): 691–727. http://dx.doi.org/10.54648/eulr2018027.
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The European Union has recently enacted the Conflict Minerals Regulation, introducing new transparency requirements for importers of tantalum, tin, tungsten and gold from conflict-affected regions. Similar legislation has previously been enacted in the United States. The purpose of the new transparency requirements in both jurisdictions is to cut off funding for armed groups in conflict areas and thus reduce the suffering of the civil population, with particular reference to the situation in the Democratic Republic of the Congo. The criticism of the legislation centers on the costs to companies in the minerals supply chain. In this article it is argued that the costs to companies subject to the transparency requirements can be minimized with carefully crafted legislation. It is also concluded that progress in achieving the humanitarian objectives of the legislation is slower than expected, mainly due to the lack of participation in the transparency efforts by all actors in the supply chain. Successful transparency regulation has to be supported by a multitude of actors in the international community. Also, mineral supply chain transparency regulation in itself is unlikely to solve armed conflicts in resource-rich but poor countries. Such legislation only provides for one component in a multi-level approach including legislative, economic and political efforts by the international community.
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Yakoviyk, Ivan, Kateryna Yefremova, and Evgen Novikov. "Economic security and the role of collective West in the post-war recon struction of Ukraine." Law and innovations, no. 2 (38) (June 24, 2022): 19–26. http://dx.doi.org/10.37772/2518-1718-2022-2(38)-2.
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Problem setting. Although the outcome of the Russian-Ukrainian war is uncertain, it is necessary to start thinking about the future reconstruction of Ukraine. The paper examines issues related with the complex of problems connected with the post-war reconstruction of Ukraine and the participation of the collective West, which means a set of countries (USA, EU member states, Canada, Scandinavian countries) participating in Euro-Atlantic integration. In this article, we use previous experience of post-war reconstruction of Western Europe (for example, the Marshall Plan after World War II). We set out the key principles of international cooperation in the renovation of the Ukrainian economics and the state as a whole, as well as the role of individual subjects of international law in this process. The paper is intended to involve foreign and domestic lawyers in a discussion on a wider range of issues, which will include further and more detailed analysis of the best ways to rebuild Ukraine after the war. Analysis of resent researches and publications. The idea of developing a European plan for the reconstruction of Ukraine (“Marshall Plan for Ukraine”) began to be discussed after the Revolution of Dignity. However, it has not been the subject of serious research. The situation changed after Russia declared war on Ukraine. As Ukraine has a chance to win the war, the leaders of the United States, the European Union and Ukraine are discussing the possible content of a “New European Plan for Ukraine.” However, today, both in Ukraine and abroad, this issue is dominated by journalistic publications, which determines the relevance and practical significance of the development of the problem. Target of research is to reveal the content, main directions of participation of international financial institutions and individual states in the reconstruction of Ukraine after the war. Article’s main body. The article considers the problem of determining the content of the “New European Plan for Ukraine” in relation to the postwar period. The uniqueness of the plan to restore the Ukrainian economy is emphasized. The steps of international financial institutions and individual countries regarding the revival of Ukraine during and after the war are analyzed. Conclusions and prospects for the development. The conclusion that grants should make up a large share of foreign aid flows in the post-war reconstruction of Ukraine is substantiated. An important step in Ukraine’s post-war reconstruction should be the write-off of foreign debt, or at least part of it, by foreign financial institutions, primarily the IMF and the World Bank, as an important and necessary sign of genuine solidarity of the international community. Emphasis is placed on the special role of the United States and the European Union in the postwar reconstruction of Ukraine, in particular on the issue of writing off Ukraine’s foreign debt.
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Golovina, S., Aleksey Ruchkin, I. Mikolaychik, and L. Smirnova. "Local Communities Participation in Rural Development: the Experience of the European Union." Agrarian Bulletin of the 212, no. 09 (November 9, 2021): 80–92. http://dx.doi.org/10.32417/1997-4868-2021-212-09-80-92.
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Abstract. The use of the experience of implementing the Common Agricultural Policy (CAP) in the member states of the European Union (EU) is relevant both for Russia and for other countries of the world interested in the successful development of the agrarian sector of the economy and rural areas. The role of rural areas in achieving national security of countries and regions (food, biological, environmental and other) is increasing significantly due to the current challenges and threats (climate change, COVID-19 pandemic, aggravation of the international situation). The purpose of the study, the results of which are presented in this article, is to scrutinise the special approach implemented under the CAP. This approach is referred to in European law as LEADER/CLLD and refers to a close combination of comprehensive cross-sector interaction with active involvement of local communities in rural development. In the work, analytical and review research methods were used, with the help of which (1) the current (relevant to the research topic) legislation, (2) programs implemented in the EU member states, (3) significant scientific publications were subject to scrupulous study. The result of the work is a review and analysis of the findings and practical recommendations for the future use of the various aspects of LEADER/CLLD in domestic political and economic practice. The application of this approach takes into account the fact that the experience of local residents, combined with the opinions of other stakeholders, can help to better adapt rural development policy to real needs and opportunities, and to form a specific (unique) human capital within the boundaries of rural communities. Human capital includes, in addition to specific skills, (1) the ability to take constructive initiatives, (2) a sense of local identity and ownership, (3) the ability to participate as equals with other partners in defining local development strategies, (4) trust between people, private enterprises, public institutions and sectoral communities interested in successful rural development, formed through constant interaction. Theoretical and practical conclusions regarding the content of LEADER/CLLD initiatives, as well as findings related to the possibilities of introducing tools and mechanisms to support rural areas, implemented directly with the involvement of local communities with financial support from the state, are of scientific novelty.
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Farahat, Anuscheh, and Nora Markard. "Forced Migration Governance: In Search of Sovereignty." German Law Journal 17, no. 6 (November 1, 2016): 923–48. http://dx.doi.org/10.1017/s2071832200021532.
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The European Union (EU) Member States have experienced the recent refugee protection crisis in the EU as a de-facto loss of control over their borders. They find themselves unable to subject entry into their territory to a sovereign decision. In response, the Member States have sought to regain full sovereignty over matters of forced migration, both unilaterally and cooperatively, seeking to govern a phenomenon—forced migration—that by definition defies governance. Unilateral measures include forced migration caps and a search for ways to circumvent responsibility under the Dublin system. Cooperative efforts by EU Member States include the search for ways to more effectively govern forced migration at the EU level and beyond. Supranational EU efforts include the introduction of an internal relocation scheme and support for Italy and Greece in processing asylum claims in so-called “hotspots.” Beyond the EU, Member States are seeking to externalize protection responsibility to third world countries under international agreements, in particular, by returning asylum seekers to Turkey. This Article outlines the unilateral and cooperative governance efforts undertaken and shows that states' sovereign decisions over migration are significantly limited in the case of forced migrants, both by EU law and by international law.
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Sokolova, Olga, Nadezhda Goncharova, and Pavel Letov. "Problems and Prospects for the Development of the UK Banking System in the Process of New Industrialization and Digitalization." SHS Web of Conferences 93 (2021): 05017. http://dx.doi.org/10.1051/shsconf/20219305017.
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The gist of this article boils down to the development of British banking system in the conditions of new industrialization and digitalization. The banking system of Great Britain is characterized by a high degree of concentration and specialization of banking, a well-developed banking infrastructure, and a close connection with the international loan capital market. London is the world's oldest financial center. The English banking system has the world's widest network of overseas branches. The UK banking system is relatively independent from the credit systems of the European Union. Nevertheless, banking legislation is focused on the unification of banking law within the European Community and supervision of banking activities. In the context of the global financial crisis, the UK banking system, as in other countries, has been severely tested. The most important trend in the development of the UK banking system is the blurring of boundaries between certain types of credit institutions. The subject of the research is the UK banking system in the context of new industrialization and digitalization.
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Prieshkina, O. V., and O. R. Avdieiev. "POLITICAL AND LEGAL DOCTRINE OF STATE SOVEREIGNTY IN THE CONDITIONS OF GLOBALIZATION." Соціальний Калейдоскоп 1, no. 4 (August 20, 2020): 77–87. http://dx.doi.org/10.47567/bomivit.1-4.2020.07.
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The article substantiates and analyzes the factors that influence the process of political and legal doctrine of state sovereignty in the context of globalization. As a result of a comprehensive study, it was determined that the realization of state sovereignty depends not only on the action of general historical and international political factors, but also on the ability of Ukrainian society to overcome economic difficulties, on the active participation of each member of the territorial community. In the context of globalization, the concept of sovereignty, its content and implementation becomes specific. Despite its sovereign nature, state power is still not absolute and is subject to certain restrictions, both internally and externally, but such restrictions cannot be confused with a violation of sovereignty, which is unacceptable. It is determined that in the context of globalization, sovereignty is narrowing: the world community exerts influence, sometimes severe, on countries violating international law, international rules and agreements, and their strong global economic supranational forces also influence the transformation of state sovereignty. Sometimes there is a tendency to voluntarily delegate powers to world, regional and international organizations and associations, ie the internal affairs of the state, in which no one interferes and which are governed only by national law and customs are narrowed by voluntary renunciation of sovereign rights, and international law or the right of a certain community is extended. It was found that the very nature of state sovereignty, the genesis of formation, modification and development of its concept are due to globalization and integration processes in the world, and above all, within the European Union.
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Bator-Bryła, Monika Patrycja. "Prohibition of Discrimination on Grounds of Nationality in the Freedom of Movement of Persons within the EU in the Light of Case Law of the Court of Justice of the European Union." Review of European and Comparative Law 46, no. 3 (August 21, 2021): 189–218. http://dx.doi.org/10.31743/recl.12340.
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The subject of this article is to analyze the meaning of the prohibition of discrimination on grounds of nationality in the light of the provisions of primary and secondary European Union law and the case law of the Court of Justice of the European Union, which is inherent to the functioning of the internal market and EU citizenship.
The prohibition of discrimination on grounds of nationality is undoubtedly one of the main goals of the European Union[1] in the social and economic context, which was reflected in the localization of the matter in question in the primary law of the European Union[2], in secondary law and in the jurisprudence of the Court of Justice of the European Union (CJEU). The Treaty on European Union (TEU)[3] and the Treaty on the Functioning of the European Union (TFEU)[4] indicate equality as one of the EU values (Article 2 TEU), require it to be promoted and combat all discrimination (Articles 8 and 10 TFEU) and prohibit discrimination due to the criteria indicated therein (Articles 18 and 19 TFEU). In secondary law, this principle was expressed primarily in the Regulation of the European Parliament and of the Council No. 492/2011 on the free movement of workers within the Union and in art. 24 of Directive 2004/38/EC 2004 on the right of citizens of the Union and their relatives to move freely[5].
A special role in this area is played by the case law of the Court of Justice of the European Union (CJEU), which stated that all authorities of the Member States are obliged to refuse to apply a provision of national law that is contrary to the prohibition of discrimination on the grounds of citizenship (Article 18 TFEU)[6]. Moreover, national measures may be examined in the light of art. 18 TFEU, but only to the extent that they apply to situations not covered by specific non-discrimination provisions included in the Treaty[7].
The author puts forward the thesis that the analysis of CJEU jurisprudence reveals a visible dissonance between the application of national regulations of the Member States and the provisions of EU law in this matter, which significantly hinders the implementation of the principle of non-discrimination in practice. Discrepancies mainly occur in domestic legal acts due to the improper drafting of national legal provisions and / or their misinterpretation by national judicial or administrative authorities. It should be emphasized that the Member States are obliged to comply with EU law, which is not tantamount only to the obligation of state authorities to respect directly applicable acts, or to implement required regulations into internal law, but also the obligation to interpret and apply internal law in a manner that does not violate the requirement resulting from EU law[8]. Judicial and administrative authorities of the Member States should therefore interpret national law as far as possible, in line with EU law, because the limits of the pro-EU interpretation will be determined by the powers conferred by domestic law[9].
The study uses the legal-comparative method, consisting in a comparative analysis of the legal systems of the Member States and the European Union in the field of non-discrimination on the basis of nationality, rights and restrictions on the freedom of movement of authorized entities. Comparative verification of EU acts with the internal standards of individual EU Member States allows to reveal the degree of advancement of the implementation process of EU law provisions under the free movement of EU citizens and their family members in the discussed area in the legal systems of European Union Member States. The purpose of this analysis is to, inter alia, diagnose areas in which these countries have not implemented or improperly implemented EU regulations, or have misinterpreted them.
The second method used is the method of analyzing the jurisprudence of the Court of Justice of the European Union - the rulings of the CJEU constitute a significant part of the study. The case law in question covers the period from the establishment of the Treaties of Rome to the present day. The use of the latter obligated the author to apply the comparative method of judgments based on same or similar legal bases in similar circumstances from different stages of the evolution of the free movement of citizens of the European Union and their family members under the prohibition of discrimination on the basis of nationality.
[1] Cf. Olivier De Schutter, Links between migration and discrimination. A legal analysis of the situation in EU Member States (Brussels: European Commission, 2016), 102 and next; See also Brita Sundberg-Weitman, Discrimination on Grounds of Nationality. Free Movement of Workers and Freedom of Establishment under the EEC Treaty (Amsterdam, New York, Oxford: North-Holland Publishing Co., 1977).
[2] Erica Szyszczak, “Antidiscrimination Law in the European Union,” Fordham International Law Journal, no. 32 (2008): 635.
[3] The Treaty on European Union (consolidated version) OJ of the EU 2012, No. C 326/01.
[4] The Treaty on the Functioning of the European Union (consolidated version) OJ of the EU 2012, No. C 326/01.
[5] Directive of the European Parliament and of the Council No. 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No. 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (O.J.E.C. L 158, 30 April 2004).
[6] CJEU Judgement of 7 May 1998, Clean Car Autoservice GmbH p. Landeshauptmann von Wien, Case C-350/96, ECLI:EU:C:1998:205.
[7] CJEU Judgement of 18 June 2019, Republic of Austria v Federal Republic of Germany, Case C-591/17, ECLI:EU:C:2019:504, pt 41.
[8] Marek Górski, “Wpływ orzecznictwa Europejskiego Trybunału Sprawiedliwości na interpretację i stosowanie przepisów o ochronie środowiska,” in Wspólnotowe prawo ochrony środowiska i jego implementacja w Polsce trzy lata po akcesji, ed. Jerzy Jendrośka and Magdalena Bar (Wrocław: Centrum Prawa Ekologicznego Press, 2008), 31.
[9] Monika Niedźwiedź, “Stosowanie prawa wspólnotowego przez organy administracyjne,” Casus, no. 32 (October 2004): 6.
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Rajabiun, Reza. "Strategic Considerations in the Emergence of Private Action Rights." World Competition 32, Issue 3 (September 1, 2009): 409–34. http://dx.doi.org/10.54648/woco2009038.
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The design of mechanisms for the enforcement of rules regarding anticompetitive practices has been the subject of considerable controversy in both developed and developing countries. Public competition authorities have advantages in terms of scale economies and coordination of competing policy objectives. Private rights of action enhance the capacity of legal regimes to generate information and deter collusive agreements and exclusionary practices. Private enforcement also increases the transaction costs of regulatory capture. Given these differences, mixed regimes are likely to be superior to purely public or private arrangements. However, most national jurisdictions grant exclusive authority to public agencies and prosecutors. This article explores the puzzling resistance to the development of mixed competition enforcement regimes by studying recent attempts in the European Union (EU) to enhance private rights of access. The analysis suggests that decentralization of enforcement rights limits the capacity of a government to employ competition rules as an instrument of strategic trade policy. Evidence from EU illustrates that tensions between domestic and international policy considerations can generate distinctive paths of procedural development.
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Rybakova, Tetiana. "The current state of investment and financial cooperation between Ukraine and the European Union." University Economic Bulletin, no. 46 (September 1, 2020): 183–91. http://dx.doi.org/10.31470/2306-546x-2020-46-183-191.
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Relevance of research topic. Nowadays the Ukraine's relations with the European Union are extremely important. European integration for Ukraine is a strategic choice for the future, and it makes a great influence on the place and role of the state in the new system of international relations, including economic, monetary and financial ones. Formulation of the problem. Ukraine's reform agenda is comprehensive and requires significant financial resources that cannot be raised solely from domestic sources. This determines the importance of attracting foreign funds, including those from the EU as a strategic partner of Ukraine, as well as the creation of a favourable investment climate and therefore the intensification of foreign investment. Analysis of recent research and publications. In the background of Ukraine's European integration intentions, a significant number of scientists study the problems and prospects of investment and financial cooperation between Ukraine and the EU. This cooperation is the subject of constant monitoring by European government agencies and central executive bodies of Ukraine as well. Selection of unexplored parts of the general problem. In the conditions of unstable global political and economic environment, new challenges in the region and the extreme dynamism of investment and financial processes, it is necessary to conduct the research reflecting the current state of investment and financial cooperation between Ukraine and the EU. Setting the task, the purpose of the study. Highlighting the state of investment and financial cooperation between Ukraine and the EU at the current stage of Ukraine's European integration. Method or methodology for conducting research. System and structural approach, method of logical analysis, statistical method, method of graphic analysis, method of comparison, method of structuring. Presentation of the main material (results of work). The paper describes the political background for investment and financial cooperation between Ukraine and the EU. The analysis of foreign direct investments in Ukraine by countries of origin and by areas of attraction is carried out; the dynamics of direct investments from EU countries in Ukraine's economy for 2010-2019 is described. The current state of application of the valid instruments of investment and financial support given to Ukraine by the EU is analyzed. The areas of priority attention in the process of implementing reforms in terms of attracting the investment from the EU are identified. The field of application of results. Research of Ukraine’s European integration problems, educational process (in the preparation of the relevant sections of textbooks and tutorials for courses “International Economics”, “Global Economics”, “Finance”). Conclusions according to the article. The EU sustainable financial support covers many sectors of the economy and public life in Ukraine, including agriculture, infrastructure, transport and energy, small and medium-sized enterprises, as well as democratic reforms, overcoming the effects of the COVID-19 pandemic, research and innovation, the environment, support for military conflict victims, etc. The EU supports Ukraine through various instruments, including macro-financial assistance, the European Financial Institutions (EBRD and the EIB), bilateral support from EU member states, the EU External Investment Plan, the European Neighbourhood Instrument, and the Instrument contributing to Stability and Peace. The volumes of EU foreign direct investment in Ukraine still remain low, and their structure by country of origin is not optimal. It is important for Ukraine to attract investments from the most developed EU countries, which is possible only if an attractive investment climate is formed, and the rule of law and the fight against the corruption are ensured.
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Wang, Guiguo, and Rajesh Sharma. "The International Commercial Dispute Prevention and Settlement Organization: A Global Laboratory of Dispute Resolution with an Asian Flavor." AJIL Unbound 115 (2021): 22–27. http://dx.doi.org/10.1017/aju.2020.82.
Full textAbstract:
The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar. It was launched on 15 October 2020. As its title indicates, ICDPASO's mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically. Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.
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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.
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Navarro Ortega, Asensio, and Rafael Burlani Neves. "Legal Aspects of Urban Water and Sanitation Regulatory Services: An Analysis of How the Spanish Experience Positively Would Contribute to the Brazilian New Regulation." Water 13, no. 8 (April 8, 2021): 1023. http://dx.doi.org/10.3390/w13081023.
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This paper focuses on the legal and institutional framework of urban water services in Spain, emphasizing water sanitation by using proposals that would positively contribute to wastewater management in Brazil. The recent Brazilian Federal Law No. 14,026/20 aims to encourage investment in water sanitation, promoting public-private collaboration formulas so that service management is viable even in economically less-favored regions. In Spain, sanitation policies are aimed at fulfilling the set of obligations and objectives imposed by European Union Directives within the environmental policies of the Union. From an economic point of view, supply and sanitation water services are classified at European legal framework as “services of general economic interest” (SGEI), not subject to harmonized regulation and open to a natural monopoly provision regime, which they admit various types of management formulas, public and private, based on the ownership and public intervention of the service, both at national and European level. We believe that the Spanish experience in this field, beyond its singularities, can serve as a useful reference for Brazilian’s urban wastewater new regulation for several reasons: (1) Because of the decentralized political scheme that both countries share and the need to articulate an adequate system of competencies in consequence; (2) Because of the international experience that Spanish companies have at the sector’s technological forefront, they are very competitive; (3) Due to the adequate functioning of the Spanish legal and organizational framework since, despite its shortcomings, as we later will comment, it has managed to develop successful financing formulas and management models that, in general terms, have allowed to ensure with reasonable efficiency, continuity, stability and sustainability in the provision of urban water services.
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Vyshkovska, Valentina, and Anatoliy Popov. "Modern problems of international law and means of their solution." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 12, no. 21 (2021): 44–51. http://dx.doi.org/10.34079/2226-3047-2021-12-21-44-51.
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The article focuses on the aspects of lagging international law behind the needs of modern international relations. The authors critically assess the views of some scientists on the role of the United Nations, in particular the Security Council, in resolving international security crises and suggest significant changes in order to achieve their greater effectiveness and efficiency. According to the authors, the desired result can be achieved in two ways. The first of them is the introduction of new institutions in international law that would meet the modern needs of humanity; the second is the provision of new, qualitatively innovative functions to existing institutions. Among the new realities faced by international law is the active use by some states of such a set of political, economic, military and other measures, such as "hybrid warfare". The latter is used not only against Ukraine, but also against other countries of the world, in particular, against the countries of the European Union. Typical features of this shameful phenomenon are the destruction of unifying values, the use of traditional, non-traditional tactics and non-state (irregular) paramilitary groups, the organization of terrorist acts with the introduction of mass violence and coercion, as well as criminal riots. At the same time, the differences between regular and irregular divisions are blurred. Their actions are quickly and tactically directed and coordinated in order to achieve a synergistic effect in the physical and psychological dimensions of the conflict within the same theater of military operations. The latter observation, according to the authors, makes it necessary to overestimate the role of the state and the role of other, possibly potential subjects of international law. It is advisable to find criteria for responsibility for these actions and connection with the activities of a particular state. It is this formulation of the question that will allow effective actions in "hybrid" crimes without obstacles inherent in state sovereignty. We believe that it is time to continue discussing the prospects of participation in international legal regulation not only of individual individuals, but also of their totality (communities, formal and informal associations). An example to begin with is the "criminal liability" of legal entities.
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Kuryndin, A. V., A. S. Shapovalov, N. B. Timofeev, and A. L. Vernik. "On the Regulation of Liquid and Airborne Radioactive Discharges of the Industrial Enterprises that do not Use Atomic Energy." Occupational Safety in Industry, no. 1 (January 2021): 88–93. http://dx.doi.org/10.24000/0409-2961-2021-1-88-93.
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In accordance with the legislative framework of the system for regulating liquid and airborne discharges of radioactive substances into the environment in force in the Russian Federation, this system is equally designed to regulate discharges of the radionuclides of both artificial and natural origin. The mechanisms of radiological impact of the discharges of natural origin radionuclides on the environment and population do not have any specificity in comparison with the ones of artificial origin radionuclides. Nevertheless, to date, the law enforcement of the Russian system for regulating discharges of the radioactive substances is applied only in relation to the discharges of the radionuclides of artificial origin carried out by nuclear facilities. At the same time, regulation of the discharges of natural origin radionuclides, in accordance with the safety standards of the International Atomic Energy Agency, is the best practice in the field of environmental protection, and the levels of radiation exposure, which characterize such discharges, are not low enough to be neglected. Regulation of the discharges of natural origin radionuclides is provided for in the norms of the European Union and is practically applied in the number of countries of the European Union, where the legislation provides for the regulation of activities, in which the raw materials containing radionuclides of natural origin are used, and the types of economic and other activities subject to this regulation are determined. The Russian system of regulation of discharges of the radioactive substances into the environment is built on the same basic principles and criteria that underlie foreign regulation systems, and which are recommended by the International Atomic Energy Agency. The regulatory and methodological base formed to date in the Russian Federation contains all the required legal mechanisms for the regulation of discharges of the radioactive substances from nuclear facilities, is based on the best international practices and fully complies with the standards of the International Atomic Energy Agency.
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Ray, Ronjini, and Rishabha Meena. "Application of Dispute Settlement in Free Trade Agreements (FTAs’): A Cross Country Analysis of Modern FTAs’." Global Trade and Customs Journal 17, Issue 7/8 (July 1, 2022): 317–24. http://dx.doi.org/10.54648/gtcj2022044.
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Most modern free trade agreements (FTAs’) include chapters on a variety of topics such as investment, digital trade, labour, gender, environment and small-medium enterprises. These new issues are often addressed in FTAs’ as there is a lack of development of multilateral rules on these areas at the World Trade Organization (WTO). Further, many of these aspects are non-trade issuesviz. environment, labour, competition policy, and investment. These areas are contentious and often face opposition from the Global South and are frequently excluded from the scope of dispute settlement. Against this background, this article examines the trends with respect to the application of the dispute settlement across recent FTAs’ concluded by certain developed countries such as the United States, Canada, Australia, the European Union (EU) and the United Kingdom (UK). This article examines recent FTAs’ and categorizes its chapters as follows: (1) Chapters always subject to dispute settlement, (2) Chapters not subjected to dispute settlement and (3) Chapters that have inconsistent recourse to dispute settlement. Accordingly, the article provides a cross country assessment of the FTA chapters with dispute settlement provisions and the rationale behind such divergent practices. FTA, developed, non-trade, dispute settlement, sustainable trade, USMCA, gender, environment, labour, multilateralism.
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Shaibakova, Kamila Danilovna. "Transformation of the European arrest warrant in light of protection of the rights of extradited individuals." Право и политика, no. 4 (April 2020): 42–48. http://dx.doi.org/10.7256/2454-0706.2020.4.32293.
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The subject of this research is the norms of international legal acts, legislations of the EU member-states, decisions of foreign national courts, as well as decisions of the European Court on Human Rights and European Court of Justice. A hypothesis is advanced that within the framework of the European arrest warrant there are new trends associated namely with the desire to strengthen the system of protection of rights of the extradited individuals, which can negatively affect functionality of the procedure as a whole. Thus, a number of cases of the national courts (for example Artur Celmer case) and Court of the European Union (Pál Aranyosi and Robert Căldăraru case), as well as provisions of the constitutional courts lead to the fact that the principle of mutual recognition of court decision is used with caution. The article examines the case law of national courts of the EU member-states, as well as practice of the European Court of Justice and European arrest warrant. The author compared the decisions of the aforementioned courts for confirming the hypothesis that the protection of extradited individuals plays a significant role in the context of operation of the European arrest warrant. The intention to provide legal guarantees to individuals extradited in the context of the European arrest warrant, which loses its main influence; particularly the procedure is interrupted due to absence of guarantees of protection of rights in case of extradition, as well as raises doubt towards judicial systems and their decisions of some EU member-states brought forth by political actions of these countries. Moreover, protection of rights and guarantee of fair trial increases.
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Moraru, Madalina. "Generalised push-back practices in Europe." Quaderns IEE 1, no. 1 (January 31, 2022): 154–64. http://dx.doi.org/10.5565/rev/quadernsiee.23.
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In recent years, more and more asylum seekers trying to reach the European Union (EU) have found themselves subjected to practices that contradict the EU Charter of Fundamental Rights and the democratic principles within the Dublin III Regulation. The inalienable right of those individuals to seek asylum is violated every time that the Member States’ national authorities subject them to irregular procedures and deny them their right to international protection without an individual assessment of their asylum claims. These practices are defined as push-backs. This brief outlines the ways in which asylum seekers are exposed to both ‘external’ and ‘internal’ push-backs by and between the Member States, while also underscoring the importance of safeguarding the physical safety and integrity of people seeking asylum. It offers case studies of EU countries where push-backs have become the new normal, and highlights the role of courts in remedying the wide-spreading push-backs practices. Within this context of generalized push-backs and executive backlash against European and domestic judgments finding violations of human rights, the withdrawal of the European Border and Coast Guard Agency from Hungary is an alarming signal for human rights protection. In the face of the rule of law and human rights challenges, was the Agency's withdrawal the most appropriate measure?. Finally, it asks whether the recent EU border procedure proposed in 2020 will have a positive or a negative impact on the right to seek asylum on the ground.
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Imankulov, T., and A. Asilbekov. "Criminal Liability of Legal Entities in the Kyrgyz Republic Under the Criminal Code of the Kyrgyz Republic Dated February 2, 2017, no. 19: The Need for Identification or Another Planned Sabotage?" Bulletin of Science and Practice, no. 2 (February 15, 2023): 262–82. http://dx.doi.org/10.33619/2414-2948/87/32.
Full textAbstract:
The article is devoted to the analysis of the institution of measures of criminal law in relation to legal entities that existed in the Criminal Code of the Kyrgyz Republic dated February 2, 2017, no. 19 due to the criminal law reform of 2012-2020. allegedly relying on the concepts and concepts developed by the law of both the European Union and international law, but not once applied in any criminal case in the Kyrgyz Republic for the entire period of validity of this Criminal Code (from January 1, 2019 to the middle November 2021), when, as a result of the adoption of the new Criminal Code of the Kyrgyz Republic (enacted by the Law of the Kyrgyz Republic of October 28, 2021 No. 126), this institution was liquidated. Based on the analysis of the history of the development of the institution of criminal liability of legal entities under the laws of other countries, international conventions, the authors come to the conclusion that it is absolutely inapplicable, groundless, illegal to include legal entities as subjects of quasi-criminal liability and punishment in the Criminal Code of the Kyrgyz Republic. The authors propose measures to combat such initiatives and “reforms” of criminal law in order to avoid collapse, paralysis of the law enforcement system, similar to the one that arose in 2020 inthe Kyrgyz Republic due to the new Criminal, Criminal Procedure and other codes.
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Andreeva, T. "The Illegal Migration: Challeng for the UK (February 2020 – July 2021)." World Economy and International Relations 66, no. 4 (2022): 75–83. http://dx.doi.org/10.20542/0131-2227-2022-66-4-75-83.
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The article is devoted to the problem of the rapid growth of number of illegal migrants smuggled into the United Kingdom after the end of its exit from the European Union (Brexit, 31 December 2020) – during the transition period (1 February – 31 December 2020) and in the first part of 2021. The topic of illegal migration into the UK during its withdrawal from the EU (Brexit, 29 March 2017–31 December 2020) is considered in the article to the extent that it helps to highlight the different facets of the main subject of the research. Scrutinizing the genesis of the problem of illegal migration in the United Kingdom from 2003 to 2021, the article shows that the rapid rise of the migrants’ smugglings across the English Channel in small boats in 2020 – the first part of 2021 has become the challenge for the country. The termination of Great Britain’s membership in the European Union and the COVID 19 pandemic are regarded as the main reasons for it. The author enumerates actions made by the Boris Johnson’s cabinet which aimed at creating new legal framework for readmission of illegal migrants by the EU countries after the end of the transition period. The article pays attention to the strengthening of Anglo-French boarder cooperation as a way to cope with the transfer of illegal migrants to the UK. The creation of new British immigration law after the transition period is seen as a method of struggling with gangs of smugglers and as a means to curb rising influx of illegal migrants. The article considers the dependence of public and social security from tackling of illegal immigration as a source of the Islamist terrorism activity in the country. The author answers the question about the perspectives of the migrant transfer to Great Britain in the nearest future.
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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.
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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).
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Garvey, Anne Marie, Laura Parte, Bridget McNally, and José Antonio Gonzalo-Angulo. "True and Fair Override: Accounting Expert Opinions, Explanations from Behavioural Theories, and Discussions for Sustainability Accounting." Sustainability 13, no. 4 (February 11, 2021): 1928. http://dx.doi.org/10.3390/su13041928.
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This study focuses on true and fair view (TFV) and fair presentation (FP) in financial statements. It questions if attitudes towards the true and fair override (TFO) condition, included in European Union (EU) legislation and International Financial Reporting Standards (IFRS), is indicative of a principles-based approach or lip service to a concept that is rarely applied. We address this subject because we consider that there should be a consensus and harmonisation on TFV—that TFO has a vital role within the principles-based framework, and while the accounting standard development process should limit the application of the TFO concept, in practice, it is an important reporting option. TFV/TFO harmonisation also has an important role in sustainability accounting, to reveal company actions which are influenced by more than just the objective of complying with the standards. In the empirical part, accounting experts from 24 European countries were surveyed. Their responses suggest a lack of clarity around the distinction between TFV and FP and a reluctance to consider, in practice, the application of the TFO. Drawing on behavioural theories—ostrich effect and comfort theory—we find explanations and reasoning behind attitudes to these cornerstone concepts. Specifically, we try to explain behavioural attitudes to TFV/FP and TFO positions, which defend uncompromising compliance with standards.