Littérature scientifique sur le sujet « Abuse of rights – European Union countries »
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Articles de revues sur le sujet "Abuse of rights – European Union countries"
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Carballedo, A., et M. Doyle. « Criteria for compulsory admission in some European countries ». International Psychiatry 8, no 3 (août 2011) : 68–71. http://dx.doi.org/10.1192/s1749367600002617.
Texte intégralRésumé :
Compulsory admission to mental health facilities is a controversial topic, as it impinges on personal liberty and the right to choose, and it carries the risk of abuse for political, social and other reasons (Gostin, 2000). However, involuntary admission can prevent harm to self and others, and assist people in attaining their right to health, which, due to their mental disorder, they are unable to manage voluntarily. Since the 1950s and 1960s, the delivery of mental health has shifted from a paternalistic emphasis on the need to treat those who are not able to look after themselves, to the rights of patients who have a mental illness. The Principles for the Protection of Persons with Mental Illness (‘the MI Principles’) adopted by the United Nations in 1991 play an important role in raising awareness about the human rights of people with mental health problems. They provide guidance on areas such as the procedures for involuntary admission to mental health facilities and standards of care (Knapp et al, 2007). Legal frameworks for involuntary placement of those who are mentally ill have been reformed in many European countries. Most regulate compulsory admission and treatment by special mental health laws. Only Greece, Spain, Italy and those member states of the European Union (EU) that joined in 2004 and 2007 have no separate laws (Dressing & Salize, 2004).
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V. V., Novitskyi. « Political and legal mechanisms for the protection of human rights through the lens of the European Union countries ». Almanac of law : The role of legal doctrine in ensuring of human rights 11, no 11 (août 2020) : 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
Texte intégralRésumé :
The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Shyrokykh, Karina. « Compromising on Values ? Human Rights Pressure and Competing Interests of the European Union in the Former Soviet States ». European Foreign Affairs Review 23, Issue 1 (1 février 2018) : 119–41. http://dx.doi.org/10.54648/eerr2018007.
Texte intégralRésumé :
What influences the European Union’s (EU’s) policy towards human rights abuse in third countries? What effects do the EU’s punitive measures have on the subsequent human rights situation? In literature, there is no consensus about the effects of such an instrument; moreover, scholars often question the consistency of its application in regions where the EU has strong strategic interests. Utilizing time-series cross-section analysis of twelve former Soviet republics over two decades, the present article demonstrates that the severity of imposed measures is guided by the actual human rights situation, and the presence of competing interests does not determine their intensity. Additionally, coercive measures are shown to have a positive effect on the subsequent human rights situation. At the same time, competing interests of the EU prove able to undermine the instrument’s ex-ante credibility and, thereby, limit its potential impact.
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Goodey, Joanna. « Violence Against Women : Placing Evidence From a European Union–Wide Survey in a Policy Context ». Journal of Interpersonal Violence 32, no 12 (16 mai 2017) : 1760–91. http://dx.doi.org/10.1177/0886260517698949.
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In the European Union, there continues to be a lack of comprehensive and comparable data on violence against women that can serve to inform policy. In response, the European Union Agency for Fundamental Rights (FRA), which undertakes primary data collection across all 28 EU Member States, published the first European Union–wide survey on violence against women in 2014, which interviewed 42,000 respondents. The findings, which show the extent of violence against women—ranging from intimate partner violence through to sexual harassment—can underpin a renewed policy response to violence at the level of the European Union, based on evidence. Having outlined the survey’s approach to data collection, including the methodological challenges of undertaking quantitative survey research across 28 countries, the article briefly describes some of the survey’s main findings and follows this by focusing on the realities of nonreporting to different services, which illustrates how the survey’s data can be usefully employed to inform policy and practical responses to abuse. The article does not adopt a standard academic journal format for reporting and discussing the analysis of data, but instead focuses on the EU policy backdrop that serves to contextualize the survey and its findings, and which underpins other articles in this special issue that draw in detail on FRA’s survey results with respect to specific manifestations of violence against women.
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Peake, Katrina, et Jeff Kenner. « ‘Slaves to Fashion’ in Bangladesh and the EU : Promoting decent work ? » European Labour Law Journal 11, no 2 (16 mars 2020) : 175–98. http://dx.doi.org/10.1177/2031952520911064.
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Workers producing garments in developing countries for European brands are often described as ‘slaves to fashion’. They are denied decent work, a core ILO objective and a UN Sustainable Development Goal (SDG). Instead, they are employed in unsafe factories prone to frequent deadly fires or building collapse, subject to anti-union discrimination and violence. The deprivation of their labour rights and poor working conditions might lead to the conclusion that they are in fact ‘modern slaves’, and thus modern slavery is fuelling the garment supply chain which is, in turn, propelled forwards by the fast fashion demands of European consumers. Modern slavery within supply chains can be tackled by brands and retailers, typically those seen as responsible for such abuse and it can be tackled through trade and development policies by actors such as the European Union (EU). In Bangladesh, the EU is the country’s largest trading partner in garments, and it has considerable leverage to improve labour rights, in doing so tackling modern slavery in the supply chain, utilising trade conditionality. The EU has to date lacked a policy focus on tackling modern slavery in its external relations, but with the adoption of the UN SDG 8 which combines elimination of modern slavery with decent work, there is scope for bringing about longstanding change. This paper argues for more normative interconnections between decent work and modern slavery in both national and EU external relations policies.
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Lu, Zichen. « Antitrust Regulation in the Field of IP of MNEs in the New Era : Starting with the Patent Tying Behaviour from the Perspective of Comparative Law ». Journal of Education, Humanities and Social Sciences 1 (6 juillet 2022) : 195–202. http://dx.doi.org/10.54097/ehss.v1i.661.
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With the vigorous development of patented technology, the problem of some large multinational enterprises implementing monopoly behaviour by abusing intellectual property rights such as patent tying is becoming more and more prominent. This has had a great impact on fair market competition, especially in those developing countries. Combined with the regulation of China’s Antitrust Law and other legal systems on this issue at the present stage, and based on the analysis of its imperfections, this paper explores the excellent achievements in international attempts such as the principle of the rationality of the United States and the comprehensive analysis method of the European Union. In the context of TRIPS, countries all over the world need to pay close attention to how to regulate the monopoly caused by the abuse of intellectual property rights, including patent tying. It is concluded that to better resist the monopoly of abusing intellectual property rights and develop the new driving force of a domestic innovative economy, China needs to start with the substantive concept and clarify the clear meaning, definition standards, and rank order of relevant legal concepts and systems. It also needs to up special authoritative law enforcement agencies to regulate the monopoly of multinational enterprises abusing intellectual property rights, innovate their punishment methods, strengthen the punishment, and better ensure fair market competition.
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Kirilenko, V. P., et G. V. Alekseev. « Problems of Harmonization of European and Russian Legislation on Defamation ». Lex Russica 1, no 9 (26 septembre 2019) : 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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Sanz-Barbero, Belén, Patricia López Pereira, Gregorio Barrio et Carmen Vives-Cases. « Intimate partner violence against young women : prevalence and associated factors in Europe ». Journal of Epidemiology and Community Health 72, no 7 (8 mars 2018) : 611–16. http://dx.doi.org/10.1136/jech-2017-209701.
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BackgroundThe magnitude of intimate partner violence (IPV) in young women is a source of increasing concern. The prevalence of IPV has not been analysed in Europe as a whole. The objective was to assess the prevalence and main characteristics of experiencing physical and/or sexual and psychological-only IPV among young women in the European Union and to identify individual and contextual associated risk factors.MethodsWe analysed a cross-sectional subsample of 5976 ever-partnered women aged 18–29 years from the European Union Agency for Fundamental Rights Violence Against Women Survey, 2012. The main outcomes were current physical and/or sexual IPV and lifetime psychological-only IPV. Risk factors were assessed by the prevalence ratio (PR) from multilevel Poisson regression models.ResultsCurrent prevalence of physical and/or sexual IPV was 6.1%, lifetime prevalence of psychological-only IPV was 28.7%. Having suffered physical and/or sexual abuse by an adult before age 15 was the strongest risk factor for IPV (PR: 2.9 for physical and/or sexual IPV, PR: 1.5 for psychological-only IPV). Other individual risk factors were: perceived major difficulties in living within their household income (PR: 2.6), having children (PR: 1.8) and age 18–24 years (PR: 1.5) for physical/sexual IPV and immigration background for psychological-only IPV (PR: 1.4). Living in countries with a higher prevalence of binge drinking or early school dropout was positively associated with IPV.ConclusionsFindings show that the fight against violence in young women should consider individual characteristics, childhood experiences of abuse and also structural interventions including reduction of alcohol consumption and improvement in the education-related indicators.
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Bulakh, T. M., O. A. Ivashchenko et O. Ye Lytvyn. « The Evaluation of Investment Cooperation of Ukraine with EU Countries ». Statistics of Ukraine 83, no 4 (17 décembre 2018) : 50–56. http://dx.doi.org/10.31767/su.4(83)2018.04.06.
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The article investigates and evaluates the investment cooperation of Ukraine with the EU. The volume, structure and dynamics of investment flows between Ukraine and the European Union are analyzed. The main problems of cooperation between Ukraine and the EU are formed, in particular: the volume of foreign direct investment (FDI) in Ukraine from the EU is directed mainly to those sectors of the economy where it is possible quickly to make a profit (for example, in financial activities), while investment in priority sectors of the economy of Ukraine, aimed at a long-term growth, is insufficient. In addition, during the analysis of the investment market of Ukraine problematic aspects were found, such as: the existence of a tendency to invest in offshore zones, a low differentiation of foreign investors for donor countries and a sharp imbalance in the structure of FDI in the economy of Ukraine. The political instability, unpredictability of a state power, lack of independent judiciary (abuse of courts), corporate raiding, prosecution by tax authorities, shortcomings in the implementation of laws, delays and lack of transparency in VAT refund, corruption and the low level of property rights’ protection demonstrate the inability to build long-term plans with EU member states.
Measures are proposed to improve investment cooperation between Ukraine and the EU in the context of deepening European integration processes, as follow: 1) bringing the strategy of attracting foreign investment in accordance with the needs of the country; 2) providing European investors with the necessary system support (for example, in business registration, attracting personnel); 3) creating the necessary conditions for the further implementation of the liberalization of the legal framework for the free movement of FDI in accordance with EU rules; 4) close cooperation with FDI donor countries; 5) providing conditions for improvement of technical and technological conditions of domestic enterprises; 6) production intensification on an innovative basis, etc.
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Rojszczak, Marcin. « Compliance of Automatic Tax Fraud Detection Systems with the Right to Privacy Standards Based on the Polish Experience of the STIR System ». Intertax 49, Issue 1 (1 janvier 2021) : 39–52. http://dx.doi.org/10.54648/taxi2021005.
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According to the EC estimates presented in November 2018, the so-called VAT gap amounted to approximately EUR 150 billion with organized crime groups largely responsible for its creation. Therefore, it is not surprising that states, while protecting their economic interests, are implementing new measures aimed at detecting and preventing tax crime. Poland is also pursuing this type of activity, and a number of innovative measures in the field of tax law have been introduced over the last few years. One such solution is the automatic system of analysing transaction data from financial institutions (System Teleinformatyczny Izby Rozliczeniowej, STIR). The way this system works – combining the collection of enormous sets of personal data including sensitive information with confidential analytics and composing reports for tax authorities and law enforcement purposes – must raise doubts as to its compliance with human rights standards. In terms of its operation, STIR resembles electronic surveillance systems in other EU Member States; the difference is that, instead of capturing telecommunications data, it aggregates bulk amounts of information on financial transactions. The purpose of this article is to discuss the regulations that establish the legal framework of STIR and to present recommendations on how to ensure its compliance with the privacy and data protection model functioning in the EU. Special attention will be paid to assessing the proportionality and quality of legal safeguards implemented to limit the risk of abuse of power according to standards established in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Conclusions drawn from this analysis are not only important from the perspective of the Polish legislature but are also relevant to other countries and EU institutions implementing systems similar to STIR that are interested in developing cooperation between Member States in the area of combatting tax fraud. Right to privacy, tax fraud, transaction network analysis, automated decision-making, VAT gap.
Thèses sur le sujet "Abuse of rights – European Union countries"
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SCHOLTES, Julian. « The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism ». Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.
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Defence date: 21 January 2022Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)
‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
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FELD, Leonard. « From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
Texte intégralRésumé :
Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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COLEMAN, Nils. « European readmission policy : third country interests and refugee rights ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7021.
Texte intégralRésumé :
Defence date: 22 June 2007Examining Board: Prof. Bruno de Witte, (EUI) ; Prof. Marise Cremona, (EUI) ; Prof. Rosemary Byrne, (Trinity College Dublin) ; Prof. Thomas Spijkerboer, (Vrije Universiteit Amsterdam)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available
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Etienne, Anne. « Towards European Integration : Do the European Union and Its Members Abide by the Same Principles ? » Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4617/.
Texte intégralRésumé :
In the last few decades the European Union (EU) and its members have emphasized the importance of human rights and the need to improve human rights conditions in Third World countries. In this research project, I attempted to find out whether the European Union and its members practice what they preach by giving precedence to countries that respect human rights through their Official Development Assistance (ODA) program. Furthermore, I tried to analyze whether European integration occurs at the foreign policy level through aid allocation. Based on the literatures on political conditionality and on the relationship between human rights and foreign aid allocation, I expected that all EU members promote principles of good governance by rewarding countries that protect the human rights of their citizens. I conducted a cross-sectional time-series selection model over all recipients of ODA for each of the twelve members for which I have data, the European Commission, and the aggregate EU disbursements from 1979 to 1998.
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Pechberty, Sébastien. « Abuse of a dominant position under Article 82 of the E.C.Treaty, in the air transport sector ». Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78224.
Texte intégralRésumé :
The air transport sector is one that is particularly conducive to market dominance, and therefore to potential abuse thereof. Characterised, for several decades, by the omnipresence of barriers attributable to the preferential treatment enjoyed by undertakings under the sponsorship of their respective governments, European civil air transport has undergone progressive liberalisation over the years, under the auspices of the European institutions.The object of the present thesis is to assess how the provisions of Article 82 of the E.C. Treaty have applied to the air transport sector prior and subsequent to deregulation, and how they remain indispensable, in the wake of emerging new factors that tend to keep the market of scheduled air services oligopolistic.
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CERAN, Olga. « Cross-border child relocation : national law in a united Europe ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
Texte intégralRésumé :
Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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Wiessala, Eugen Georg. « The politics of re-orientation and responsibility : European Union foreign policy and human rights promotion in Asian countries ». Thesis, University of Central Lancashire, 2005. http://clok.uclan.ac.uk/22530/.
Texte intégralRésumé :
This study focuses on the protection and promotion of human rights in the context of the external relations of the European Union (EU). It sets out to examine, in particular, the position of human rights within the framework of EU foreign policy. While questions of human rights sparked a wide-ranging academic debate and resulted in enhanced levels of public scrutiny over the last decade, the research presented in this dissertation attempts to fill a significant gap in scholarly attention. It does so by offering a critique of the theoretical approaches towards, and the practical manifestations of human rights promotion initiatives in the context of EU policy interaction with countries in Asia. Evidence from previous work, included as part of this dissertation, suggests that the incremental growth of human rights competencies and agendas within the EU's legal and political systems was reflected in a number of areas of concrete EU external activity, such as the Common Foreign and Security Policy (CFSP), Development Policy, relations with the African, Caribbean and Pacific (ACP) group of countries and the EU's New Asia Strategy. This dissertation attempts to demonstrate how, in the context of a Constructivist perspective within International Relations Theory in general, and EU-Asia relations in particular, the EU can be conceptualised as a value-guided, 'ethical' polity, grounded in a constitutional framework of Treaties. As a result of this, the Union introdued a more pronounced human rights dimension to its dialogue with Asia. The evidence indicates that, in respect of its Asian partners, the EU implemented human rights strategies in a number or formats and with varying degrees of success. The study scrutinises, in particular, the Commission's 'strategy papers' on Asia and the Asia-Europe Meetings (ASEM). In addition to findings analysed in previous work, this study demonstrates that the resulting debates about 'rights' and 'values' can be related to wider discourses derived from normative theory and surrounding issues of culture and identity. In the Asia-EU dialogue, arguments over human rights contain the potential to be both an enabling dynamic for, and an inhibiting agent of, a more intensive EU-Asia political and cultural dialogue. The study places a particular emphasis on EU human rights promotion policies towards the People's Republic of China, the Republic of Indonesia and Burma (The Union of Myanmar). It identifies and appraises three distinct EU policy approaches ranging from incentives based and coordinated measures to a more coercive and punitive diplomatic arsenal.
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GATTO, Alexandra. « The responsibility of multinational enterprises for human rights violations in European Union law ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7018.
Texte intégralRésumé :
Defence date: 18 June 2007Examining Board: Prof. Francesco Francioni, (EUI) ; Prof. Marise Cremona, (EUI) ; Prof. Enzo Cannizzaro, (University of Macerata) ; Prof. Olivier De Schutter, (Catholic University of Louvain)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis addresses the question as to how the European Union can ensure that EU based MNEs respect human rights when operating in third countries. Firstly, it identifies primary obligations on MNEs as developed by international law in order to tackle the above question. Secondly, on the basis of this theoretical framework it investigates how the European Union has acted to promote respect of human rights obligations by MNEs which are based on the territory of one of its Member States. Thirdly, the gap between the EU’s commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs and the EU’s reluctance to impose human rights obligations on MNEs is explored. It is suggested that current human rights law should develop in the sense of considering companies as duty holders, together with States and other non-state actors, for the realisation of human rights. Moreover, a principle of graduation of responsibility is applied to MNEs, according to the specific human right involved, the proximity to the victim and the element of State authority exercised by the company in a particular situation. The above depicted graduation of responsibility (from the obligation to respect, to the obligation to promote human rights) should be matched by a graduation of corresponding implementing mechanisms. Applying this theoretical framework to the EU, three main recommendations have been formulated. Firstly, the EU should more firmly link the promotion of MNEs’ human rights obligations to international human rights law and support the constitution of an international law framework within the UN. Secondly, the EU should promote MNEs’ human rights obligations within the limits of its competence, both at the international and at an external level. It has been argued that a proactive attitude in this respect would not require the acquisition of new powers, but simply the recognition of a functional competence on the basis of Article 6 TEU in taking positive (and not merely negative) steps for the promotion of human rights in the areas of its competence occurring in international law and the international framework for MNEs’ responsibility. Finally, the EU should not abandon the option of exploring non-binding and incentive measures, both at the international and external levels, to be encouraged as a viable complement to binding measures.
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Noordijk, Peter Andrew. « Building Bridges with Social Capital in the European Union ». PDXScholar, 2013. https://pdxscholar.library.pdx.edu/open_access_etds/1091.
Texte intégralRésumé :
A culture of accommodation and tolerance is a necessary part of establishing and preserving a functional multi-national and multi-ethnic European Union. Civil society organizations and their associated social capital have been shown to foster civic capacity and achievement of public policy goals. However, social capital that is based on group identity can also contribute to a sense of intolerance towards out-groups, undermining the stated tolerance objectives of the social pillar of the European Union. States with a strong presence alongside civil society are expected to be curb the development of the exclusionary bonding form of social capital in favor of bridging social capital which will improve progress toward policy goals.
This study tests the link between government capacity, social capital and tolerance using data from the 1990-2009 waves of the World Values Survey and European Values Study. Using path analysis and multi-level models of the relationships between political capacity, social capital and intolerance, the model establishes that government capacity enhances bridging social capital and which increases social tolerance. The study fills a gap in understanding how government capacity and policy can result in improved social capital even with greater diversity. A proposed relationship between political capacity and bonding forms of social capital was not supported.
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Bribosia, Emmanuelle. « La protection des droits fondamentaux dans l'ordre juridique communautaire : le poids respectif des logiques fonctionnelle et autonome dans le cadre normatif et jurisprudentiel ». Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211769.
Texte intégralLivres sur le sujet "Abuse of rights – European Union countries"
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The European Union and Asian countries. London : Sheffield Academic Press, 2002.
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The EU as a "global player" in human rights ? New York : Routledge, 2011.
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Keeling, David T. Intellectual property rights in EU law. Oxford : Oxford University Press, 2003.
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Paul, Kubicek, dir. The European Union and democratization. London : Routledge, 2003.
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José, Menéndez Agustín, et Eriksen Erik Oddvar 1955-, dir. Arguing fundamental rights. Dordrecht : Springer, 2006.
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Abuse of EU law and regulation of the internal market. Oxford : Hart Publishing, 2014.
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1971-, Holzleithner Elisabeth, et Treib Oliver, dir. Compliance in the enlarged European Union : Living rights or dead letters ? Aldershot, Hants, England : Ashgate, 2008.
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Falkner, Gerda. Compliance in the enlarged European Union : Living rights or dead letters ? Aldershot, Hants, England : Ashgate, 2008.
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Multicultural citizenship of the European Union. Aldershot, Hampshire, England : Ashgate, 2000.
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Mowbray, A. R. The development of positive obligations under the European Convention on Human Rights by the European Court of Human Rights. Oxford : Hart Pub., 2004.
Trouver le texte intégralChapitres de livres sur le sujet "Abuse of rights – European Union countries"
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Naef, Tobias. « The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union ». Dans European Yearbook of International Economic Law, 115–230. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_3.
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AbstractThe right to data protection in Article 8 CFR has an extraterritorial dimension, which requires continuous protection for personal data that is essentially equivalent to the protection guaranteed within the EU. This right to continuous protection of personal data is an unwritten constituent part of the right to data protection in Article 8 CFR. Primary Union law in Article 16(2) TFEU instructs the European Parliament and the Council to establish rules relating to the protection of individuals regarding the processing of their personal data. This mandate also extends to the extraterritorial dimension of the right to data protection. Accordingly, Chapter V GDPR sets out the system for the transfer of personal data from the EU to third countries. The first section of this chapter defines the legal concept of “data transfers” and introduces the three legal mechanisms for the transfer of personal data in Chapter V GDPR (Sect. 3.1). The following sections address the three legal mechanism and their role in guaranteeing the right to continuous protection for personal data. Each section entails a fundamental rights analysis for the transfer of personal data on the basis of a legal mechanism in Chapter V GDPR. The second section is dedicated to data transfers based on adequacy decisions for third countries following Article 45 GDPR (Sect. 3.2). The third section is dedicated to data transfers based on the instruments providing appropriate safeguards in Article 46 GDPR such as standard data protection clauses and binding corporate rules (BCRs) (Sect. 3.3). Finally, the fourth section is dedicated to data transfers subject to contract-based and consent-based derogations in Article 49 GDPR (Sect. 3.4).
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Mihr, Anja. « European democracy’s Response to the BRI ». Dans Securitization and Democracy in Eurasia, 375–92. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-16659-4_26.
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AbstractIn this chapter, I will argue that the 2013 Chinese Belt and Road Initiative (BRI) has been neither a curse nor a blessing for democracy. Instead, China’s BRI activities in over 140 countries worldwide have triggered many global and local movements and initiatives that have led alternatively to stronger autocratisation and democratisation in some regions, such as across Eurasia. The quantity of investments under the BRI is not a determinant of whether a country democratises or autocratises.Instead, the BRI and the autocratic leadership of the Chinese government in implementing investments across Eurasia has triggered several countermeasures by the European Union (EU) and the G7. One of these is the Global Gateway Initiative (GGI) which aims to invest in infrastructure and development projects worldwide, but with the key difference that its aim is to promote democratic norms and principles of human rights at the same time. Some of the consequences of the New Cold War between democratic and autocratic political systems including the rising unrest of civil society in the face of autocratic forms of governance and anti-Chinese sentiments, these lead to civil unrest and even wars that destabilise entire regions and countries.
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Lazaridou, Dimitra, Anastasios Michailidis, Stefanos Nastis, Efstratios Loizou et Aikaterini Paltaki. « How to start or be in a Union or Coperative ? » Dans Manuali – Scienze Tecnologiche, 34. Florence : Firenze University Press, 2020. http://dx.doi.org/10.36253/978-88-5518-044-3.34.
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Cooperatives in the EU Member States are subject to the provisions of the Council Regulation 1435/2003. However, cooperative legislation is different among the EU states and most countries have specific rules applicable to cooperatives. There are some steps for setting up a cooperative, which are summarized in: Identification of a common economic goal for potential members, decision about the number of members recruited, their rights and responsibilities, determination of business feasibility, development of a business plan, preparation of legal papers and implementation of the business plan. In many European countries, cooperatives can have a legal status either as a cooperative society with limited or unlimited liability, as an economic interest grouping or as a joint-stock company. Most EU Member have no mandatory provision regarding the minimum capital stock or the minimum number of members for setting up a cooperative.
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Celeste, Edoardo, et Federico Fabbrini. « Competing Jurisdictions : Data Privacy Across the Borders ». Dans Palgrave Studies in Digital Business & ; Enabling Technologies, 43–58. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.
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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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Bertolini, Alessio, et Daniel Clegg. « Access to Social Protection by Immigrants, Emigrants and Resident Nationals in the UK ». Dans IMISCOE Research Series, 419–32. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51237-8_26.
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AbstractImmigration policies and immigrants’ rights to social protection in the UK have evolved dramatically over the past few decades, due to changing immigration flows, the UK’s membership of the European Union (EU) and participation in the European Single Market, and increasing anti-immigration sentiment, which culminated with the decision to leave the EU in January 2020. In this chapter, we argue that, at present, access to social protection is hierarchically structured depending on the interplay of three key variables: benefit type, immigration status and residency status. British citizens residing in the UK and immigrants with a permanent leave to remain have access to full social protection. So do generally European Economic Area (EEA) immigrants with the right to reside, though the precise basis of the right to reside is important in determining the types of benefits the person is entitled to. Migrants with a temporary leave to remain are excluded from most non-contributory benefits, as generally are British citizens living abroad, though those residing in EEA countries and those residing in a country with which the UK has a social security agreement are still entitled to a limited range of benefits. Many changes in access to social protection, especially as regards EEA immigrants in the UK and British nationals living in the EEA, are likely to stem from the UK leaving the EU, though these changes are currently being negotiated and, at present, no definitive post-Brexit regulatory framework is available.
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Rees, Stuart. « Cruelty as policy ». Dans Cruelty or Humanity, 81–108. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781447356974.003.0005.
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This chapter assesses four ways cruelties have been formed and fomented in policies. It moves from cruelty as a deliberate motive to situations where it looks as though the architects of policies enabled cruelties to take place but did not direct them. Then come the denials and deception: who could possibly think that countries such as the United States, Russia, Israel, Syria, Saudi Arabia, Indonesia, Iran, or Myanmar would indulge in human rights abuses such as collective punishments, ethnic cleansing, floggings, torture, arbitrary imprisonment, targeted killings, and executions? Finally, there is collusion. Alliances are made with countries which commit cruelties but their allies behave as though this is nothing to do with them. When the United States ignores Israeli cruelty to Palestinian children, that is collusion. The European Union and the United Nations may also collude by silence which encourages perpetrators.
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Sadowski-Smith, Claudia. « The Desire for Adoptive Invisibility ». Dans New Immigrant Whiteness. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479847730.003.0004.
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This chapter explores three of the most influential parental memoirs of adoption from the former Soviet Union—Margaret L. Schwartz’s The Pumpkin Patch (2005), Theresa Reid’s Two Little Girls (2007), and Brooks Hansen’s The Brotherhood of Joseph (2008)—to complement scholarship on transnational adoption that has focused on questions of race for adoptions from China and Korea, while emphasizing adoption failures for Eastern European adoptees. In these memoirs, parents explicitly eschew the traditional humanitarian narrative of adoption and portray themselves as neoliberal consumers who have the right to select healthy white children from the international adoption market in order to forge families whose members look as though they could be biologically related. While the authors’ belief that they share a preexisting racial identity with post-Soviet children grants them immense privileges, it also subjects adoptees to unrealistic expectations of their complete assimilation that ignore the conditions for the children’s relinquishment and displacement from their birth countries, languages, and cultures. The belief that US adoptive parents share a racial identity with children in the former East Bloc not only turns them into preferred commodities but also renders them particularly vulnerable to rejections or adoption disruptions, which may help explain the significant numbers of abuse and death cases of post-Soviet adoptees at the hands of their US parents.
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Huszka, Beáta, et Zsolt Körtvélyesi. « EU enlargement policy and human rights ». Dans The European Union and Human Rights, 345–64. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198814191.003.0016.
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The enlargement policy of the European Union (EU) aims at integrating new members following an accession path. EU conditionality policy is a delicate balancing exercise between keeping the partner countries on the accession path and upholding fundamental values. Enlargement countries are now concentrated, with the exception of Turkey, in the Western Balkans. A key challenge is that the current leaderships in many of these states are shifting their countries increasingly in an authoritarian direction. The EU now faces a situation of establishing illiberal regimes in the region and so far seems to lack the willingness and the tools to engage and counter this. The chapter finds that human rights conditionality seems to allow for less-than-honest domestic compliance, where the EU’s requests are (mis)used to boost the power of domestic leadership. The stated principles of the EU can clash with the state’s actual performance for various reasons, including the prioritization of more direct economic interests or security goals. Conditionality tends to remain shallow as it is built on conditions that are easy to implement and measure but remain largely formal (for example, setting up an institution, adopting legislation). In the case of the Western Balkans, our research findings indicate that the enlargement process can result in favouring strong leaders who can deliver, even if the same ‘strength’ puts human rights compliance at risk. The greatest danger is that EU integration can end up legitimising the violation of human rights by the authorities.
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Ziller, Jacques. « European Union Member States and Other European Countries ». Dans Judicial Review of Administration in Europe, 307–15. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0019.
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This chapter focuses on the relevance of a distinction between European Union (EU) Member States on the one hand and non-EU member states on the other when trying to identify the common core of the law regarding judicial review of administrations in Europe. It begins by looking at how EU membership impacts on the issues of substance and process in the Member States' laws of judicial review of administration. The chapter then considers how the differences and similarities between EU Member States can be interpreted. It also studies the cases of Switzerland and Ukraine in greater detail. There is very little commonality between Ukraine and Switzerland, apart from the fact that both countries are Members of the Council of Europe (CoE) and thus parties to the European Convention on Human Rights (ECHR), and that they are not members of the EU, which might be an especially good reason to compare them.
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Reis, Francisca Costa, Weiyuan Gao et Vineet Hegde. « The EU’s engagement with foreign powers on human rights ». Dans The European Union and Human Rights, 265–92. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198814191.003.0013.
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With a mandate under the Lisbon Treaty, the European Union (EU) has been engaging with foreign powers like Brazil, Russia, India, China, and South Africa (BRICS) nations on human rights issues. Despite the common and shared goals, the BRICS set-up is not institutionalised, which prompts the EU to engage with each country on a bilateral basis. Such collaborations have occurred in bilateral dialogues, multilateral fora, through developmental assistance, and negotiations in economic partnership agreements. The scope and content of the discussions and cooperation vary due to the difference in the political structures of the countries. While the EU and the BRICS may share some common goals politically and economically, pursuing shared objectives related to democracy and human rights promotion remains challenging. These countries may believe in human rights protection, but the understandings and the approaches vary drastically, as visible when issues of sovereignty and non-intervention are raised to resist comprehensive discussions. Although the BRICS are emerging as an interconnected group and have begun to cooperate more closely in multilateral fora, the EU may also have to consider dealing with it in its institutional capacity. It could be more challenging to fulfill the mandate of the Lisbon Treaty for the EU while dealing with this cohesive group that has different understandings on human rights protection within their own states.
Actes de conférences sur le sujet "Abuse of rights – European Union countries"
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Ballı, Esra, et Gülçin Güreşçi Pehlivan. « Economic Effects of European Neighborhood Policy on Countries ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00777.
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After the fifth enlargement of European Union in 2004 and with the expansion of European Unions borders and new neighbors, it became one of the important policies to provide security, stability and prosperity, and develop relationship between neighborhood countries. Although, enlargement process provide some opportunities to the member states of European Union, it brings about some difficulties. The differences at the life standards, environment, public health, prevention and combating organized crime between European Union and neighbor countries caused to create new policies. European Neighborhood Policy was launched in 2004, and consists of 16 countries, namely: Israel, Jordan, Moldova, Morocco, The Palestinian Authority, Tunisia, Ukraine, Armenia, Azerbaijan, Egypt, Georgia, Lebanon, Algeria, Syria, Libya and Belarus. European Union and the partner country sign the Partnership and Cooperation Agreements or Association Agreements, and then the Agreement Action Plans are mutually adapted. Action Plans include privileged relationship, mutual commitment to common values, democracy and human rights, legal and market economy principles, good governance, sustainable development, energy and transportation policies. Within the framework of European Neighborhood Policy, the main aim is to arrange the relationship between the neighbors of European Union. In this study, economic effects of the European Neighborhood Policy will be examined for the relevant countries.
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Rym, Olena. « DIFFERENCES IN THE FUNDAMENTAL RIGHTS UNDERSTANDING : DOES THE PROBLEM IN THE EUROPEAN UNION EXIST ? » Dans Relevant Issues of the Development of Science in Central and Eastern European Countries. Publishing House “Baltija Publishing”, 2019. http://dx.doi.org/10.30525/978-9934-588-11-2_62.
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Wysocki, Pawel. « FUNCTIONING AND LEGAL REGULATIONS OF PERPETUAL USUFRUCT RIGHT IN POLAND IN RELATION TO SIMILAR RIGHTS IN OTHER COUNTRIES OF THE EUROPEAN UNION. » Dans 15th International Multidisciplinary Scientific GeoConference SGEM2015. Stef92 Technology, 2011. http://dx.doi.org/10.5593/sgem2015/b22/s9.031.
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Urbane, Marta. « The Future of the Employee’s Right to Disconnect in the European Union and Latvia ». Dans 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002285.
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The right to disconnect refers to a worker's right to be able to disconnect from work and refrain from engaging in work-related electronic communication, like emails and other messages, during non-work hours and holidays. The Latvian Labor Law does not directly determine the right to disconnect from digital devices, however, such rights arise from certain legal norms. Examples of the provisions of the Labor Law relate to the general rules on rest periods and breaks in work. The recent research results of remote work during Covid-19 pandemic conducted by the author show that for 69.3% of respondents working remotely possibility to disconnect from digital devices outside working hours (when the assigned work tasks have been completed) is extremely crucial. If the rights to disconnect are not explicitly regulated, the risk of disbalance between work and private life is at stake. The increase in workload during the emergency caused by COVID-19 was indicated by 42.7% of respondents in Latvia. That shows that another problem of lack of regulation of rights to disconnect could be unpaid overtime. The research shows that 14.7% of respondents were not paid for overtime work when working from home. The practice shows a critical need for sustainable and predictable changes in the legal system to protect employees’ rights and thus ensure stable employment in general in Latvia. It was also recently decided by Employment Committee MEPs that EU countries must ensure that workers are able to exercise the right to disconnect effectively. Some of the member states in the European Union have recently implemented the right into their legal system (Portugal, Spain, France), but each member state takes a different approach. That means that discussion is no longer if there is a need to implement the “right to disconnect” in national legal acts, but how to implement the right efficiently not only at a national level but at the EU level as well.The goal of the research is to provide an in-depth analysis of the legal status of the “right to disconnect” in the legal system of the European Union and Latvia. In order to reach the goal, the author is using various scientific research methods. The paper is based on a quantitative research method and analytical, comparative, case law analysis method to provide valid conclusions on the current role of the “right to disconnect” in Latvia and the European Union. The author also offers recommendations on how to implement the “right to disconnect” efficiently to avoid violation of employees’ rights and ensure a sustainable work environment.In the result, the author has concluded that the biggest impediment of the employee's right to disconnect is the lack of clear legislative preconditions that would encourage businesses to preserve employees' freedom to disconnect, resulting in a more sustainable working environment - both in the office and remotely.Finally, the author concludes that there is a need to adjust regulation in Latvia to meet the needs of widespread use of remote work. The author also concludes that a significant role to protect employees’ right to disconnect is for governmental authorities to explain the right to disconnect to employees and employers.
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Niftiyev, Ibrahim. « A comparison of institutional quality in the South Caucasus ». Dans The European Union’s Contention in the Reshaping Global Economy. Szeged : Szegedi Tudományegyetem Gazdaságtudományi Kar, 2022. http://dx.doi.org/10.14232/eucrge.2022.9.
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Much has happened in the three countries of the South Caucasus-namely, Azerbaijan, Georgia, and Armenia-since the collapse of the Soviet Union. Political events, institutional reforms, and economic development have resulted in greater economic welfare in these countries after the painful transition period of the 1990s. However, it remains to be seen whether they have achieved any solid results or whether they still have much to accomplish. While the answer is ambiguous, each country has followed a different political, geopolitical, economic, and institutional path and achieved different economic outcomes despite their close geographical proximity to each other. This paper compares the available data on economic and institutional quality in Azerbaijan, Georgia, and Armenia to portray the overall situation in terms of changes in institutional patterns. Then, special attention is given to Azerbaijan, as the country is considered to be oil-rich and thus resource-dependent. A comparative perspective on institutional quality suggests that Georgia has been a leading country in terms of institutions and effective bureaucracy-building, despite having lower economic indicators compared to Azerbaijan. Moreover, while Armenia is positioned between Georgia and Azerbaijan in terms of institutional quality, its economic growth is similar to Georgia's. Lastly, institutional variables (e.g., control of corruption, rule of law, and government effectiveness, and human rights) in Azerbaijan are negatively correlated with oil-related variables. This result aligns with the natural resource curse and Dutch disease theories, which posit that oil boom periods in mineral-rich countries are associated with a deterioration in institutional quality, thereby leading to slower growth. Also, the results are important to build up analytical frameworks to address the Dutch disease or resource curse studies in the case of Azerbaijan in a comparative manner with oil-poor countries even if the scope is limited to the South Caucasian former Soviet Union countries.
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Turanjanin, Veljko. « UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18305.
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The author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.
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Saule, Murat. « PROPRIETARY METHODS OF THE PROPRIETARY RIGHTS PROTECTION IN THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN AND COUNTRIES OF THE EUROPEAN UNION : COMPARATIVE LEGAL ANALYSIS ». Dans 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.078.
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Tucak, Ivana, et Anita Blagojević. « COVID- 19 PANDEMIC AND THE PROTECTION OF THE RIGHT TO ABORTION ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18355.
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The COVID - 19 pandemic that swept the world in 2020 and the reactions of state authorities to it are unparalleled events in modern history. In order to protect public health, states have limited a number of fundamental human rights that individuals have in accordance with national constitutions and international conventions. The focus of this paper is the right of access to abortion in the Member States of the European Union. In Europe, the situation with regard to the recognition of women's right to abortion is quite clear. All member states of the European Union, with the exception of Poland and Malta, recognize the rather liberal right of a woman to have an abortion in a certain period of time after conception. However, Malta and Poland, as members of the European Union, since abortion is seen as a service, must not hinder the travel of women abroad to have an abortion, nor restrict information on the provision of abortion services in other countries. In 2020, a pandemic highlighted all the weaknesses of this regime by preventing women from traveling to more liberal countries to perform abortions, thus calling into question their right to choose and protect their sexual and reproductive rights. This is not only the case in Poland and Malta, but also in countries that recognize the right to abortion but make it conditional on certain non-medical conditions, such as compulsory counselling; and the mandatory time period between applying for and performing an abortion; in situations present in certain countries where the problem of a woman exercising the right to abortion is a large number of doctors who do not provide this service based on their right to conscience. The paper is divided into three parts. The aim of the first part of the paper is to consider all the legal difficulties that women face in accessing abortion during the COVID -19 pandemic, restrictions that affect the protection of their dignity, right to life, privacy and right to equality. In the second part of the paper particular attention will be paid to the illiberal tendencies present in this period in some countries of Central and Eastern Europe, especially Poland. In the third part of the paper, emphasis will be put on the situation in Malta where there is a complete ban on abortion even in the case when the life of a pregnant woman is in danger.
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Velarde Aramayo, Silvia. « TAXATION ARISING FROM DIGITALISATION : ISSUES AT STAKE ». Dans 5th International Scientific Conference – EMAN 2021 – Economics and Management : How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2021. http://dx.doi.org/10.31410/eman.2021.113.
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The OECD is leading global efforts to reach an international consensus around the BEPS Project with the G20 support. Action 1 works on the tax challenges of the digital economy and its proposals have been made with the «inclusive framework» participation that brings together more than 137 countries. The article focuses on the legitimacy, operation, and consequences of all this work for developing countries that, according to estimates of the UNCTAD, lost annually U$100 billion due to tax avoidance schemes by MNEs. The OECD/G20 inclusive framework is designing a new global tax structure and its proposals attempt to introduce new rules on taxing rights allocation and distribution. At the same time, some countries have adopted unilateral measures in order to tax some digital businesses. Finally, the European Union Countries continue to delay the adoption of the CCCTB and DST Directive proposals, and the United States has introduced the GILTI legislation that seeks to tax the global intangible income. Everything seems to indicate that in the next years the international tax architecture will be changed in deep.
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Marinescu, Roxana. « USING NEW MEDIA AND TECHNOLOGIES IN FOREIGN LANGUAGE EDUCATION FOR PLURILINGUAL COMMUNICATION AND DEMOCRATIC CITIZENSHIP ». Dans eLSE 2013. Carol I National Defence University Publishing House, 2013. http://dx.doi.org/10.12753/2066-026x-13-267.
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This paper focuses on outlining some effects that the use of new media and technologies in foreign language education has on both plurilingual communication and on democratic citizenship. At the moment in the European Union there are 27 member states and 23 officially acknowledged languages. With increasingly mobile European citizens and a growing number of immigrants from non-European countries, Europe faces the challenge of providing equal opportunities to all citizens and, at the same time, ensuring that their linguistic and cultural heritage will be preserved. This paper starts from the necessity stated in some European documents that the European citizen should learn at least two foreign languages, English being in practice one of those, for better or worse. Also foreign language education is viewed in connection with citizenship rights and intercultural communication, for a European citizen fully equipped for flexible work contexts in a time of increased mobility. With 'language rights' viewed as part of 'human rights' and with Europe a multilingual area, the plurilingual European citizens should be able to make effective use of all their educational strategies in order to enhance their chances in social and economic life. European educational policies should thus take into consideration the inclusion of new media and technologies in formal education, as well as the impact they have on the informal education of European citizens, and should evaluate the extent to which the use of these e-tools affects language learning in the context of multilingualism. This paper also briefly presents an overview of the results of a small scale survey conducted within the Bucharest University of Economic Studies among first-year students by means of a questionnaire and informal discussions. The survey focuses on how they use the new media in formal and informal language learning, especially English language learning.
Rapports d'organisations sur le sujet "Abuse of rights – European Union countries"
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Martin, Matthew. The Crisis of Extreme Inequality in SADC : Fighting austerity and the pandemic. Oxfam, Development Finance International, Norwegian Church Aid, mai 2022. http://dx.doi.org/10.21201/2022.8793.
Texte intégralRésumé :
The COVID-19 pandemic has worsened the extreme inequality in Southern African Development Community (SADC) countries, and pushed millions into poverty. The economic crisis continues due to the obscene global vaccine inequality. As of end March 2022, a dismal 14% of SADC citizens had been fully vaccinated against COVID-19, compared with 65.5% in the United States and 73% in the European Union. In 2021, with infections rising in SADC, the critical health, social protection and economic programmes put in place by most governments in 2020 were rolled back and replaced with austerity, in the context of growing debt burdens and lack of external support for country budgets. Such austerity has been built into IMF programmes in the region. Recovering from the pandemic, however, offers SADC governments a once-in-a-generation opportunity to do what their citizens want: increase taxes on the wealthy and large corporations, boost public spending (especially on healthcare, education and social protection), and increase workers’ rights as well as tackling joblessness and precarious work. With external support, including through debt relief and aid, they could reduce inequality drastically and eliminate extreme poverty by 2030.
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Martin, Matthew. The Crisis of Extreme Inequality in SADC : Fighting austerity and the pandemic. Oxfam, Development Finance International, Norwegian Church Aid, mai 2022. http://dx.doi.org/10.21201/2022.8793.
Texte intégralRésumé :
The COVID-19 pandemic has worsened the extreme inequality in Southern African Development Community (SADC) countries, and pushed millions into poverty. The economic crisis continues due to the obscene global vaccine inequality. As of end March 2022, a dismal 14% of SADC citizens had been fully vaccinated against COVID-19, compared with 65.5% in the United States and 73% in the European Union. In 2021, with infections rising in SADC, the critical health, social protection and economic programmes put in place by most governments in 2020 were rolled back and replaced with austerity, in the context of growing debt burdens and lack of external support for country budgets. Such austerity has been built into IMF programmes in the region. Recovering from the pandemic, however, offers SADC governments a once-in-a-generation opportunity to do what their citizens want: increase taxes on the wealthy and large corporations, boost public spending (especially on healthcare, education and social protection), and increase workers’ rights as well as tackling joblessness and precarious work. With external support, including through debt relief and aid, they could reduce inequality drastically and eliminate extreme poverty by 2030.