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1
Montilon, Vito, Oriana Potere, Leonardo Susca et Giovanna Bottalico. « Phytosanitary Rules for the Movement of Olive (Olea europaea L.) Propagation Material into the European Union (EU) ». Plants 12, no 4 (4 février 2023) : 699. http://dx.doi.org/10.3390/plants12040699.
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Phytosanitary legislation involves government laws that are essential to minimize the risk of the introduction and diffusion of pests, especially invasive non-native species, as a consequence of the international exchange of plant material, thus allowing us to safeguard agricultural production and biodiversity of a territory. These measures ensure compliance with adequate requirements relating to the absence of pests, especially of harmful quarantine organisms through inspections and diagnosis tests of the consignments to ascertain the presence of the pests concerned. They also regulate the eradication and containment measures that are implemented in the eventuality of an unintentional introduction of these organisms. In the present contribution, the current plant protection legislation for the exchange of plants or propagation material within the European Union or for export to foreign countries, represented by Regulation (EU) 2016/2031, has been reviewed, with a particular focus on the olive tree (Olea europaea L.). Furthermore, a brief summary of the main olive tree pests transmissible with the propagation material is also reported, indicating their current categorization with respect to the relative quarantine status.
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Spaskyi, Habriiel. « Foreign trade in Ukrainian agricultural goods in the context of the association agreement with the European Union ». Ekonomika APK 324, no 10 (28 octobre 2021) : 72–80. http://dx.doi.org/10.32317/2221-1055.202110072.
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The purpose of the article is to establish, based on the analysis, trends in foreign trade and directions for improving the competitiveness of agricultural goods of Ukraine in the EU in the context of the implementation of the Association Agreement. Research methods. In the course of the research the following methods were used: analysis and synthesis, analytical generalizations - during the analysis of foreign trade in agricultural goods; tabular - for clarity of the image of the received results of research; economic and statistical - to assess trends in foreign trade; abstract-logical - in drawing conclusions. Research results. The article analyzes the volume, dynamics, structure of exports and imports of agricultural goods of Ukraine with EU countries, assesses changes in the foreign trade regime, identifies trends and the impact of the implementation of the Association Agreement between Ukraine and the EU on Ukraine's foreign trade. The place and importance of the agricultural sector in European markets are studied. The foreign trade turnover of agricultural goods of Ukraine is determined. The algorithm for assessing the level of competitiveness of agricultural goods is generalized. Scientific novelty. The authors found that, on the one hand, the export orientation of raw materials to the EU market of crop products has increased, on the other hand, there is a high import dependence on finished food products, and the structure of imports is more diversified. Practical significance. Adaptation of Ukrainian legislation in the field of agriculture and sanitary and phytosanitary measures is incomplete and lags behind the planned pace. Ways to diversify exports and increase the profitability of foreign trade in agricultural goods from Ukraine in the EU market are proposed. Tabl.: 1. Figs.: 3. Refs.: 19.
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Sakovska, Olena. « AGRICULTURAL COOPERATION : EXPERIENCE OF FOREIGN COUNTRIES FOR UKRAINE ». Baltic Journal of Economic Studies 6, no 1 (16 mars 2020) : 118. http://dx.doi.org/10.30525/2256-0742/2020-6-1-118-124.
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The purpose of this article is to analyze the experience of agricultural cooperation in foreign countries, such as Sweden, Norway, Finland, Japan and apply it in Ukraine. The defining feature is that the existing agricultural cooperation in Ukraine is not backed up by proper legislation to integrate with the European countries. Analyzing the state of agricultural cooperation in Ukraine in comparison with foreign countries, the country remains a number of unresolved issues regarding its normal functioning, namely: the activation of international economic cooperation of Ukraine involving the development of a strategy for the effective functioning of agricultural cooperation, which is the basis for ensuring the various areas of rural development employment of rural population. In addition, agricultural cooperation stimulates the development of agrarian market infrastructure, plays an exceptional role in strengthening the economic potential, competitiveness and social status of agricultural producers, improving economic conditions and creating incentives for the growth of commodity products. However, so far its development is at a low level, the main reasons being the underestimation in the process of economic reforms of cooperative forms of economic activity, general unfavorable conditions for agricultural production, psychological unwillingness of peasants to cooperate and insufficient knowledge of the rural population about the benefits of cooperation, weak state support for small businesses in agribusiness and agricultural cooperatives. Methods. The countries of the West in every way stimulate the development of cooperation: by appropriate laws, privileges, subsidies. Ukraine needs to take the example from these countries in order to develop the cooperative movement, which will stimulate rural development. Results. Ukraine is trying to build on the experience of different countries in the field of agricultural cooperation, backing up on the best of the countries studied. Practical implications. Studies have shown that world experience convinces that cooperation has contributed to the development of many countries in the world. In Europe, for example, cooperatives are an important part of economic life and industry. Value/originality. Analyzing the activities of agricultural cooperatives operating in the world, we point out that the main advantage of combining agricultural producers in cooperatives is a grower group (union or cooperative) is considered as the only powerful organization that is able to buy large volumes of products and services and realize large volumes of production.
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Rudenko Olha, Rudenko Olha, Zhytar Maksym Zhytar Maksym et Kodis Yevheniy Kodis Yevheniy. « EUROPEAN PERSPECTIVE OF PUBLIC ADMINISTRATION IN THE CONTEXT OF IMPLEMENTATION OF THE EASTERN PARTNERSHIP PROJECT IN UKRAINE ». Socio World-Social Research & ; Behavioral Sciences 03, no 01 (14 janvier 2021) : 139–44. http://dx.doi.org/10.36962/swd03012021139.
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It was found that today Ukraine is not ready to introduce a decentralized system due to shortcomings in budget planning and non-transparency of public financial management. In case of its introduction in the management system of EU funds of Ukraine, it is advisable to develop a preparatory stage for a decentralized management system of EU assistance resources, which will ensure an independent audit of Ukraine's external assistance management system. Based on the results of the audit, it is necessary to determine the responsible state institution that will carry out the overall coordination of the decentralized system in the subsequent stages of its implementation. An urgent challenge for modern Ukraine is the ability to develop a national research and innovation strategy in line with the best EU models. To date, Ukraine lacks a comprehensive systemic vision for the development of science, technology and innovation, and dialogue with civil society and the expert community is somewhat of a formality. The plans and proposals submitted by the Ministry of Education and Science and the Ministry of Economic Development, Trade and Agriculture need to be properly coordinated. After all, such inconsistency of actions of government structures is also reflected in the quality and effectiveness of the legislation of Ukraine, increases the time of adoption of laws in the Verkhovna Rada. In this regard, cooperation between the three committees in particular needs to be significantly improved, namely: the Committee on Education and Science, the Committee on Informatization and Communications and the Committee on Industrial Policy and Entrepreneurship. Promoting cooperation and integration with the European Union will allow the citizens of the respective partner countries to adapt European values faster, increase people's awareness of the experience and prospects of EU countries, and significantly strengthen their self-identification as Europeans. The importance of the role of the Eastern Partnership in security issues for both the EU and the countries participating in the Eastern Partnership should be emphasized. Keywords: European Union, European integration, Eastern Partnership, regional cooperation, Association Agreement, public administration.
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Bettencourt, Pedro, Claudia Fulgêncio, Maria Grade et Julio Cesar Wasserman. « A comparison between the European and the Brazilian models for management and diagnosis of river basins ». Water Policy 23, no 1 (12 janvier 2021) : 58–76. http://dx.doi.org/10.2166/wp.2021.204.
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Abstract Water management is assuming more and more importance as freshwater resources are becoming scarce, both in quality and in quantity, across many developed and developing countries. This trend can be attributed to population growth, industrialization, growing agricultural demand, poor water management practices and climate change. In attempting to deal with the intensification of water quality- and quantity-related problems in recent decades, many countries have revised their water resource management policies and legislation, introducing new institutional frameworks and management instruments. Considering regional geographic and cultural distinctions, the present article aims at comparing the models of water resource management in the European Union (EU) and in Brazil. Institutional and legal arrangements currently in place, water planning and management instruments currently in use, assessments of water body status and watershed diagnoses were analysed. Main strengths and weaknesses of each water management system are pointed out in the conclusion. Main challenges for the water sector, and highlights of the converging and diverging points concerning water resource management systems, in each region, are discussed.
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Monedero, Pablo José Abascal. « Family Laws in the European Union ». Socialinė teorija, empirija, politika ir praktika 19 (16 septembre 2019) : 87–94. http://dx.doi.org/10.15388/stepp.2019.13.
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EU social policies should be complemented by contributing to a harmonious development of society, by reducing structural and regional imbalances, developing a balance between the a localized community and the national society, and improving the living standards of citizens and families of member states (Garrido 2002). Such important social policy principles as freedom and justice are addressed and represented in family laws in the EU regulations introduced during the period of 2000–2016. In this article, we studied the EU’s legal solutions in reference to national (Spain) laws on these matters: children and parental responsibility (adoption, child abduction, family benefits) and couples (matrimonial, regimes, prenuptial agreements, provisional measures). This legislation is necessary in the face of the proliferation of families whose members have different nationalities, and even in the mobilization of residences. Cooperation has intensified between national judicial authorities to ensure that legal decisions taken in one EU country are recognized and implemented in any other. This is highly important in civil cases, such as divorce, child custody, maintenance claims, or even bankruptcy and unpaid bills, when the individuals involved live in different countries. The development of family laws is one of the most important factors of family welfare in European countries.
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Savenkova, Elena V., Adel V. Lebedeva, Anna I. Kurbatova, Daria P. Karpova, Alena N. Basamykina et Irina A. Adarchenko. « Conformity assessment for organic products in the European Union ». RUDN Journal of Ecology and Life Safety 29, no 3 (30 décembre 2021) : 233–39. http://dx.doi.org/10.22363/2313-2310-2021-29-3-233-239.
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The adoption of organic agriculture has acquired particular significance as one of the effective means of high-quality and safe products recovery. A brief conformity assessment of requirements for organic products and their regulation in the European Union is provides. The EU legislative acts are confirmed to EU market features raised for organic products. EU regulatory legal acts for imports of organic products from third countries, food quality and labeling of organic production, organic aquaculture animal and seaweed production, organic wine are considered. All food manufacturers must comply with general EU foodstuff laws and regulations, which include labeling regulations. Regulation is complemented by several legislative acts on the production, distribution and marketing of organic products, which are the legal framework for determining rules for their implementation in the EU. The United States permits the sale of European products that produced and certified under the EU organic program as organic in the United States are considered. Legislative acts EU Regulation 1235/2008, EU Regulation 2020/25, EU Regulation 889/2008, EU Regulation 710/2009, EU Regulation 203/2012 are discussed.
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Jessurun d’Oliveira, Hans Ulrich. « Iberian Nationality Legislation and Sephardic Jews ». European Constitutional Law Review 11, no 01 (mai 2015) : 13–29. http://dx.doi.org/10.1017/s1574019615000036.
Texte intégralRésumé :
Proposal to grant Spanish nationality to Sephardic Jews – History of Sephardic Jews in Iberia – Sephardim and the Portuguese nationality code – The EU and the nationality laws of the member states – Impact of Union law on the acquisition of Iberian nationalities by Sephardic Jews – European Convention on Nationality – Sephardim from third countries –Micheletti – Nottebohm
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Anderson, Leah Seppanen. « European Union Gender Regulations in the East : The Czech and Polish Accession Process ». East European Politics and Societies : and Cultures 20, no 1 (février 2006) : 101–25. http://dx.doi.org/10.1177/0888325405284314.
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This article explains, first, why there was a uniform emergence of equal opportunities legislation across East Central European states in the late 1990s and early 2000s and, second, why the speed of adoption varied across countries. The author deviates from a traditional comparative focus on domestic factors and instead treats her two case studies—Poland and the Czech Republic—as part of an international system in which external actors can exert a simultaneous but differential effect on domestic policies. The author argues that the European Union (EU) accession process prompted equal opportunities legislation in both countries but domestic actors mediated this influence in different ways. In Poland, legislation was delayed due to an organized opposition to EU gender equity laws and its close ties to parties of the Right in government, two factors absent from the Czech case where laws passed earlier. The author also suggests that the EU's financial and political resources may enable it to reshape these domestic actors in the future.
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Busardò, Francesco Paolo, Matteo Gulino, Simona Napoletano, Simona Zaami et Paola Frati. « The Evolution of Legislation in the Field of Medically Assisted Reproduction and Embryo Stem Cell Research in European Union Members ». BioMed Research International 2014 (2014) : 1–14. http://dx.doi.org/10.1155/2014/307160.
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Medically Assisted Reproduction (MAR), involving in vitro fertilisation (IVF), and research on embryos have created expectation to many people affected by infertility; at the same time it has generated a surplus of laws and ethical and social debates. Undoubtedly, MAR represents a rather new medical field and constant developments in medicine and new opportunities continue to defy the attempt to respond to those questions. In this paper, the authors reviewed the current legislation in the 28 EU member states trying to evaluate the different legislation paths adopted over the last 15 years and highlighting those EU countries with no specific legislation in place and MAR is covered by a general health Law and those countries in which there are no laws in this field but only “guidelines.” The second aim of this work has been to compare MAR legislation and embryo research in EU countries, which derive from different origins ranging from an extremely prohibitive approach versus a liberal one, going through a cautious regulatory approach.
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Adamiec, Danuta, Justyna Branna, Dobromir Dziewulak, Natalia Firlej, Kamila Groszkowska, Marta Karkowska et Łukasz Żołądek. « Informacja na temat legislacji dotyczącej systemu cyberbezpieczeństwa w wybranych państwach Unii Europejskiej (Belgia, Czechy, Estonia, Francja, Holandia, Niemcy, Szwecja) ». Zeszyty Prawnicze Biura Analiz Sejmowych 3, no 71 (2021) : 280–314. http://dx.doi.org/10.31268/zpbas.2021.61.
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The study presents information on the legislation on the cybersecurity system in selected European Union countries. The discussed laws in force in individual countries implement the NIS Directive concerning measures for a high common level of security of network and information systems across the Union. The NIS Directive specifies the institutions that should be established in all Member States; it regulates cooperation at the European level and imposes obligations in the field of network and information systems security, including the duty to adopt a national strategy on the security of network and information systems.
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TSYMBALIUK, O. « The right to information and the right from information : institutional relationship in the legislation of individual countries of the European Union ». INFORMATION AND LAW, no 3(12) (23 décembre 2014) : 84–91. http://dx.doi.org/10.37750/2616-6798.2014.3(12).272570.
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The paper offered to the individual institutional position and relationship of the right to information and the right to information on the example displayed in the legislation of some countries of the European Union and the determination of their appropriateness in the codification of the laws of Ukraine on information.
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Leschber, R. « International Report : Sludge management and related legislation ». Water Science and Technology 46, no 4-5 (1 août 2002) : 367–71. http://dx.doi.org/10.2166/wst.2002.0627.
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This report comprises the present sludge management practices with special view to agricultural utilization in the European Union and some accessing countries in eastern Europe in comparison with countries from Asia, the United States of America, South Africa and Australia. Information is given on the respective legislation and on future trends.
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Marchuk, M., et L. Gudz. « Local elections in the European Union and Ukraine : comparative characteristics ». Uzhhorod National University Herald. Series : Law, no 70 (18 juin 2022) : 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Hartley, Trevor C. « The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws ». International and Comparative Law Quarterly 54, no 4 (octobre 2005) : 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Helepciuc, Florența-Elena, et Arpad Todor. « Improving the Authorization of Microbial Biological Control Products (MBCP) in the European Union within the EU Green Deal Framework ». Agronomy 12, no 5 (18 mai 2022) : 1218. http://dx.doi.org/10.3390/agronomy12051218.
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Developing sustainable agriculture by identifying non-chemical alternative Plant Protection Products (PPP) is a cornerstone in achieving long-sought environmental friendliness. Despite significant legislative and political efforts to promote biocontrol solutions and Integrated Pest Management (IPM), the literature points out the disadvantages posed by European Union’s (EU) two-tier system for Microbial Biological Control Agents (MBCA) approval and subsequent Microbial Biological Control Products (MBCP) authorization by each EU Member State (MS). Despite the disadvantages, in a recent article, we showed that the EU had outcompeted the US and other countries in approved MBCA in the last decades; however, MBCP approval at the national level lags. Achieving the EU Green Deal’s aim set out in the ‘Farm to Fork Strategy’ to reduce the use and risk of pesticides by 50% by 2030 is difficult without developing viable alternatives. Why do we not have higher MBCP availability and usage in the EU? Is it the current legislation, its poor application, or some other factors? The current legislative framework stimulated MBCA approval. Thus, we compare MBCA approval and MBCP authorization procedure to evaluate if MBCP authorization is more difficult and thus causes a bottleneck. We find that requirements for MBCP authorization are unnecessarily more complex. We recommend simplifying the MBCP dossier requirements and making them as similar to MBCA as possible to accelerate the MBCP authorization in more EU MS to increase their availability and integration in agronomic crops’ pest management plans.
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Varul, Paul. « The Creation of New Estonian Private Law ». European Review of Private Law 16, Issue 1 (1 février 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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Zajc, Katarina, et Breda Mulec. « New Challenges in the Filed of Ambient Air Protection with the Emphasis on Economic (in)efficiencies of Chimney Sweeping Services ». Lex localis - Journal of Local Self-Government 11, no 3 (1 juillet 2013) : 311–24. http://dx.doi.org/10.4335/11.2.311-324(2013).
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This paper analyzes new challenges in the field of ambient air protection, such as the use of new energy-generating products, and assesses the air quality protection responsibilities of local communities in European Union (EU) Member States. Domestic heating systems are a major source of air pollution. Thus, chimney-sweeping services are very important and must be regulated to provide fire safety and guarantee better ambient air quality. This paper analyzes Slovenian legislation regulating chimney-sweeping services and compares the Slovenian laws with comparable laws of other European countries and the national laws of EU Member States to examine the laws’ effectiveness in regulating and protecting air quality. More specifically, the paper uses legal and economic analyses to examine the efficiency of current legislation pertaining to chimney-sweeping services. The paper concludes that, consistent with theories of asymmetric information and negative externalities, licensing would be more effective in meeting the challenges of ambient air protection than current exclusive concession agreements, which effectively establish geographical monopolies in chimney-sweeping services.
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Sokolowski, Maciej M. « Laws and Policies on Electric Scooters in the European Union : A Ride to the Micromobility Directive ? » European Energy and Environmental Law Review 29, Issue 4 (1 août 2020) : 127–40. http://dx.doi.org/10.54648/eelr2020036.
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The conducted research shows that the EU-27 and the UK have a varied approach to electric scooters when it comes to law: some see them as means of micro-transportation or personal transport, others define them exclusively in their legislation (in a direct manner). In some countries electric scooters are not defined in legislation but other rules apply (e.g. rules on bicycles). Electric scooters’ users are qualified either as pedestrians using scooters, drivers, or cyclists. The limit of 20 – 25 km/h of speed is a general benchmark. The rules on the access to pavement, pedestrian zones, and pedestrian crossings vary among the Member States (some allow it, providing speed limits; others offer only the possibility of accessing bike paths or public roads). National legislation also provides some other requirements, such as age limits for electric scooter users when riding on a road or wearing protective equipment (e.g. helmet or safety vest). The research also proves that the majority of Member States do not provide any special rules on driving licences or insurance (generally not required when using electric scooters). Finally, the article addresses a seemingly basic legal European framework on electric scooters and a possible harmonization by adopting the Micromobility Directive. electric transport, electric scooters, micromobility, micro-transportation, Micromobility Directive
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Martirosyan, E. G. « Legal Regulation of the EU Common Agricultural Market ». Journal of Law and Administration 16, no 2 (26 juin 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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Zimmer, Reingard. « Living wages in international and European law ». Transfer : European Review of Labour and Research 25, no 3 (août 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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Čović, Ana. « The influence of judicial practice on the legislation in the sphere of LGBT community rights ». Socioloski pregled 55, no 3 (2021) : 690–713. http://dx.doi.org/10.5937/socpreg55-32553.
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In the light of the announced adoption of the Law on Same-Sex Unions, the question arises whether the draft law is in accordance with the Constitution, especially after the announcements that the law will not be signed. Although the Constitution specifies that marriage is a union of a man and a woman, experts point out that in this case it is not a law on marriage and family, nor does it provide for the possibility of adoption of children by same-sex couples, but that it regulates property, health, pension and other legal relationships of same-sex partners living in the union. At the same time, many public figures have invited traditional religious communities to react in order to defend the "right to freedom and future of the people", emphasizing that contentious issues related to the regulation of mutual rights and obligations of same-sex couples could be resolved by amending the existing laws in those areas. In the countries where similar laws exist, case law has played a significant role, just as various medical and psychological associations. The European case law is not uniform, and cases often end before the European Court of Human Rights, while in the United States at the federal level, all anti-homosexual laws are repealed by a Supreme Court decision (Lawrence v. Texas, 539 U.S. 558 [2003]). Nevertheless, there is no single law in this area and the rights of same-sex couples vary from country to country. The paper will provide an overview of significant court decisions in this area in European countries, as well as the decisions of the US Supreme Court, which may lead us to think about the possible legal consequences of (non)adoption of the disputed Law on Same-Sex Unions, about procedures that could be initiated if partners decided to request judicial protection for the purpose of recognizing their guaranteed human rights, as well as the content and significance of such court judgments.
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Sani, Serena. « The European legislation on the education of migrant workers’ children. A pedagogical reading ». New Trends and Issues Proceedings on Humanities and Social Sciences 3, no 1 (28 juin 2017) : 67–74. http://dx.doi.org/10.18844/prosoc.v3i1.1732.
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Since the last decades of the twentieth century the gradual stabilization of the immigration phenomenon has created also a significant increase in family reunification and, as a result, a great number of foreign students in European schools. In this context, the European institutions have seen fit to adapt to the situation by setting up a legislative system aimed not only to guarantee the right to education for immigrant children and to receive an equal treatment with the respect to native children, but also to lead the EU member States to promote integration school policies. The aim of this paper is to assess – through the examination of the laws and other official measures issued by the Council of Europe and the European Union – several initiatives undertaken in the last decades by the European political institutions to encourage cooperation among the member countries and to foster a common line of action on integration and education of immigrant children. Keywords: Immigrant children, EU member States, integration school policies
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Zavalna, Zhanna, et Mykola Starynskyi. « CONTRACTUAL DELEGATION OF SOVEREIGNTY IN SUPRANATIONAL ENTITIES ». Global Prosperity 2, no 1 (25 juillet 2021) : 29–36. http://dx.doi.org/10.46489/gpj.2021-1-2-5.
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The article analyses the agreement basis for state sovereignty as established and implemented in the European Union. The research aims to study the agreement-based regulation used by the EU Member States to create a stable position of Ukraine on its way to becoming a member of the European Union. The research allowed finding out that the member states do not transfer their powers in their economic and social fields but only delegate them. The analysis of the treaties concerning the establishment and functioning of the European Union proves the existence of specific organisational and legal intervention measures that the countries agree to when joining the treaty union. The agreement-based rearrangement of powers between the EU and its member states lets the latter obtain their special legal personalities regarding the conclusion of agreements among themselves and at the same time preserve complete economic sovereignty in their relations with the countries that are not member states of the EU. When joining the European Union, its member states voluntarily and on a negotiable basis agree to certain restrictions and prohibitions binding in their economy. Furthermore, the EC Treaty provides for the improved protection of interests for the economic community as compared with the protection of national interests of the member states though it is not excluded that the latter can be taken into consideration when adopting the national laws of a member state to the EU legislation.
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Κοζαμάνη (Alexandra Kozamani), Αλεξάνδρα. « Ευθανασία : Πρακτικές που εφαρμόζουν οι χώρες της Ευρωπαϊκής Ένωσης ». Bioethica 5, no 1 (15 juillet 2019) : 89. http://dx.doi.org/10.12681/bioeth.20837.
Texte intégralRésumé :
Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.
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Alexandrov, Georgi. « Transformation of Digital Legal Deposit in Terms of Legislation and Public Access ». Knygotyra 70 (5 juillet 2018) : 136–53. http://dx.doi.org/10.15388/knygotyra.2018.70.11812.
Texte intégralRésumé :
[full article, abstract in English; abstract in Lithuanian]
The age of digitization is marked by a huge quantity and variety of electronic content distributed on the Internet. Building national collections of deposited electronic publications is a challenge related to the preservation of the global cultural heritage. The purpose of the article is to examine the ongoing transformation of the digital legal deposit with a focus on the legislative and public access regulation. The geographical scope of the research covers the countries from the European Union in the time span of the last two decades. Three stages of digital legal deposit implementation are identified: legislative regulation, technological infrastructure and practical procedures. The article presents the adaptation of deposit laws to the new media environment marked by fast growing online publishing. The study identifies the features of controlled e-reading as the main access tool in the deposit institutions and classifies them into two types: restriction related and usability related. The major challenges to a further digital legal deposit development are specified as legislative, technological, financial, and social. Examples of public access regulation in several European national libraries are observed with emphasis on the most advanced practices. Based on the main findings, the article formulates the forecast for less restrictions and better cooperation within the European Union concerning the regulation of public access to digital deposit collections.
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Zhildikbaeva*, A., et S. Elemesov. « ORGANIZATION OF LAND USE ON AGRICULTURAL LANDS IN FOREIGN COUNTRIES ». Izdenister natigeler, no 3 (91) (30 septembre 2021) : 20–27. http://dx.doi.org/10.37884/3-2021/03.
Texte intégralRésumé :
In the article the experiences of foreign countries in the organization of land use, such aspects as: forms of ownership, restrictions on the size of land, the development of rental relations in different countries of the world, the opinions of various authors are considered. The minimum and maximum sizes of land use granted to one person in the countries of the world have been analyzed. Direct payments to farmers in European Union (EU) and Eurasian Economic Union (EAEU) countries have been studied. The analysis of the current legislation on land turnover in foreign countries has been presented.
The current restrictions on the size of land plots provided for rent and private ownership to one individual and legal entity are given. The results of the work of the Land Commission of the Republic of Kazakhstan and the identified costs in the process of land reform are presented. The measures taken by the Government of the Republic of Kazakhstan to eliminate them by introducing a moratorium for 5 years on the sale of land to private ownership are outlined and the main directions for improving land relations in Kazakhstan are outlined.
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Matveevskaya, Anna S., Sergei N. Pogodin et Juntao Wang. « Problem of human rights violations during the migrant crisis in Europe ». Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 37, no 3 (2021) : 508–15. http://dx.doi.org/10.21638/spbu17.2021.311.
Texte intégralRésumé :
The aim of this study was to identify how Europe’s migrant crisis affected human rights in the European Union. It focuses on the observance of fundamental human rights in the context of migration. Violations directly related to migrants and refugees are considered. Human rights law is the most universal and general branch of law on which all other laws rely. The issue of observance of these rights becomes even more critical in regard to forced migration. While these rights are guaranteed to ‘all members of the human family’, there are conditions under which universally recognized human rights should be protected and justified with particular care. Obviously, inalienable human rights may easily be compromised when it comes to prisoners or refugees. Ensuring human rights in the European Union is based on a variety of international treaties, EU regulations and internal legislation of the member countries which have adopted high standards in the field of human rights protection. With regard to the right to asylum as an essential component of the human rights law, it can be stated that an unprecedented level of integration has enabled the EU to establish a pan-European asylum system based on the standards enshrined in the 1951 Geneva Convention and the 1967 Additional Protocol, as well as to gain considerable experience in dealing with migrants and refugees and ensuring their inalienable rights. In general, legislation in this area is constantly being improved and it reflects modern challenges and threats. The member countries of the European Union are on the way to developing a unified approach to migration policy and international protection issues. However, the asylum system is imperfect and has numerous gaps, which have been repeatedly mentioned by experts and members of the academic community even before the migrant crisis began.
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Qian, Yucheng. « Research on the Legislation of Pollutants in Cross-border Electronic Transport : From a Comparative Research Perspective ». Journal of Education, Humanities and Social Sciences 1 (6 juillet 2022) : 231–36. http://dx.doi.org/10.54097/ehss.v1i.666.
Texte intégralRésumé :
With the progress of technology, the updating speed of electronic equipment is faster and faster. The generation rate of e-waste in various countries is also speedy. In addition, a large number of e-waste from developed countries are also exported to some underdeveloped regions, which makes their domestic e-waste output more. Electronic waste contains a variety of toxic additives or harmful substances, most of which will be discharged into the environment and affect human health. This paper is mainly based on the analysis of developing countries, especially China. Firstly, it analyzes the reasons and background of e-waste transfer of enterprises such as HP and Siemens, as well as the more stringent environmental protection treatment strategies in developed countries. Secondly, it compares and analyzes the existing laws and regulations on electronic waste between the developed countries, the United States, the European Union, and China. China should analyze the lack of laws on the cross-border transfer of e-waste, which are not comprehensive and specific enough, and there are still loopholes in the existing legal system. Finally, it analyzes how to solve such problems from the essence, and compares the national environmental protection consciousness of different countries. And the consequence is that the environmental protection consciousness of the developed countries is significantly higher than that of developing countries. Therefore, it is found that developing countries should start with the public consciousness, followed by legislation, and put forward some suggestions to improve the rule of law in China.
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Mosakova, E. A., et K. Kizilova. « Labor market in the UK in digital era : The gender dimension ». RUDN Journal of Sociology 21, no 3 (17 septembre 2021) : 512–19. http://dx.doi.org/10.22363/2313-2272-2021-21-3-512-519.
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The article considers gender discrimination in the field of labor relations in the United Kingdom (UK) in the pre-covid period. In the past decades, the Western European countries have made the most significant progress in achieving gender equality in various fields, including labor relations, and became the world leader in this area. However, despite all the efforts of the international community, no country has achieved a full gender equality, and Great Britain is no exception. The authors argue that the British anti-discrimination legislation (before leaving the European Union) was based on international acts and conventions. For a long time, there were acts and laws prohibiting discrimination in the labor market, which seriously hindered the implementation of an effective anti-discrimination policy in the sphere of labor relations. It was not until 2010 that the law on equality was passed to replace all previous laws and regulations and to provide an exhaustive list of criteria for prohibiting discrimination. As a result, Great Britain began to develop a rather strict national anti-discrimination legislation in the field of labor relations. Thus, in the past decades, the UK has been achieving gender equality in the economic sphere at a faster pace than the average European Union country. The study shows a steady decline in the gender wage gap in the UK over the past two decades, which may be considered one of the countrys most significant achievements in fighting gender discrimination in the labor market. However, there is still a number of serious challenges: a relatively low female labor force participation and employment rate, a gender wage gap and income gap, horizontal and vertical segregation, a gender gap in postgraduate education, and a significant gender gap in time spent on family responsibilities. Age discrimination presents a special problem in the sphere of labor relations in Great Britain. In the European Union, the first laws prohibiting age discrimination were adopted only in the 2000s, and in the UK - in 2006. This problem still remains extremely acute for the labor market, since age discrimination in the UK ranks third among the most common grounds for discrimination - after gender and disability.
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Palšová, Lucia. « Legislation on The Protection of Agricultural Land in the context of the implementation of the Thematic Strategy for Soil Protection in Slovak Conditions ». EU agrarian Law 3, no 1 (8 juillet 2014) : 24–30. http://dx.doi.org/10.2478/eual-2014-0004.
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Abstract (EN) Protecting the qualitative aspect of the agricultural land is in the interest of European Union policies and Slovakia as well. The EU adopted in 2006 a Thematic Strategy for Soil Protection to ensure protection and sustainable use of land, including agricultural land. The aim of this paper is to analyze and evaluate legislation protecting agricultural land in the context of the implementation of the Thematic Strategy for Soil Protection in Slovakia. The basic legislation for the protection of agricultural land in Slovakia is the Act No. 220/2004 Coll. on the conservation and use of agricultural land and amending Act No. 245/2003 Coll. concerning integrated pollution prevention and control and amending certain laws, as amended, which provides a basic framework for conservation of the agricultural land. In terms of preserving, agricultural land has significant importance in the Common Agricultural Policy -pillar I and II which stipulate cross-compliance requirements, requirements for agri-environmental measures for applicants for single area payment scheme, for applicants for support under agri-environmental measures respectively.
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Vilcu, Alexandra. « Tendencies of High-Skilled Migration coming from Romania. Favourable Legislation and Social Policies ». European Journal of Social Sciences Education and Research 1, no 1 (1 mai 2014) : 65. http://dx.doi.org/10.26417/ejser.v1i1.p65-69.
Texte intégralRésumé :
The external migration of a significant part of Romania's high-skilled population is a social phenomenon which became increasingly frequent starting from the 1990s, right after the fall of the communist regime. The basis for this phenomenon consists of several causes: globalization, the strengthening of international economic relations, and later on, Romania's adhesion to the European Union. Research has shown that of all high-skilled population, the professionals who emigrate more frequently consist of engineers, teachers, medical staff, scientific researchers, economists and architects. Besides, the chosen destinations have been variable throughout time. The first phase in time took place in the 1990s, when a large part of the high-skilled population chose to emigrate for professional purposes in countries such as The United States of America, Canada, Germany or Israel. The second important phase occurred after year 2000, when the focus was placed on EU countries, especially after Romania's integration. Apart from temporary unqualified migration, the number of high-skilled migrants and those who leave the country to continue their studies also soared. The chosen countries generally include Great Britain, Germany, Belgium, France and Austria. Given these differences in the tendencies of high-skilled migration, this paper will offer an insight on how the phenomenon evolved, and the factors that caused these variations in space and time. Most likely, some of the countries that were preferred have been facilitating the integration of high-skilled immigrants in society, as opposed to unqualified ones, through a selective set of laws and social policies which are meant to favour this social category. Therefore, we will discover and analyze various examples and benefits of legislation and social policies which offered social protection to high-skilledimmigrants in various countries. This paper is made and published under the aegis of the Research Institute for Quality of Life, Romanian Academy, as part of the programme co-funded by the European Union within the Operational Sectorial Programme for Human Resources Development, through the Project for Pluri and Interdisciplinarity in doctoral and post-doctoral programmes. Project code: POSDRU/159/1.5/S/141086
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Satbayeva, A. M., et Zh M. Amanzholov. « Environmental protection in agriculture : prospects for approximation of the Republic of Kazakhstan and Eurasian Union ». Scientific works "Adilet", no 4 (2020) : 45–52. http://dx.doi.org/10.54649/2077-9860-2020-4-45-52.
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In this article the main directions of legal regulation of environmental protection and rational use of natural resources in agrarian relations are investigated. The leading policy documents of the Eurasian Union and the Republic of Kazakhstan, securing the main directions for the development of agriculture, are analyzed, promising areas of convergence of the laws of the Republic of Kazakhstan and the Eurasian Union in the field of rational use of natural resources and environmental protection in the implementation of agricultural activities are identified. The main trends in the improvement of normative legal acts operating in the considered sphere of public relations are revealed on the basis of a comparative legal analysis of the legislation of the Republic of Kazakhstan, the Eurasian Union and some CIS countries (Russia, Ukraine). Proposals have been formulated for the greening of the agrarian legislation of the Republic of Kazakhstan, taking into account the principle of sustainable development. The necessity of developing and adopting a legislative act (law) regulating the complex of relations in the field of the agro-industrial complex, including environmental protection in agriculture, is substantiated.
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Danilovskaia, Anna. « Criminal law protection of competition in the European Union, Germany, Great Britain and France ». Юридические исследования, no 6 (juin 2020) : 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
Texte intégralRésumé :
The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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Al-Shammari, Karrar Imad Abdulsahib. « A Review of the Halal Poultry Slaughtering from Welfare and Legal Perspectives : Analysis of Research Results ». Studia Iuridica Lublinensia 30, no 3 (16 septembre 2021) : 11–27. http://dx.doi.org/10.17951/sil.2021.30.3.11-27.
Texte intégralRésumé :
The subject of halal slaughtering is one of the most widely discussed issues of animal cruelty and animal welfare in the public sphere. The discrepancy in understanding the contemporary and religious laws pertaining to animal slaughtering does not fully publicize to Islamic and Muslim majority countries especially with respect to interpreting the use of stunning in animals. The electrical stunning is the cheapest, easiest, safest, and most suitable method for slaughtering that is widespread and developed. However, stunning on head of poultry before being slaughtered is a controversial aspect among the Islamic sects due to regulations of the European Union and some other countries. The current review highlights the instructions of halal slaughtering, legal legislation, and the effect of this global practice on poultry welfare and the quality of produced meat.
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Kuznetsova, Natalia, Oleksii Kot, Andrii Hryniak et Mariana Pleniuk. « Abolition of the Commercial Code of Ukraine : Potential Consequences and Necessary Prerequisites ». Journal of the National Academy of Legal Sciences of Ukraine 27, no 1 (26 mars 2020) : 100–131. http://dx.doi.org/10.37635/jnalsu.27(1).2020.100-131.
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The paper analyses the provisions of the Commercial Code of Ukraine, comparing them with certain provisions of the Civil Code of Ukraine and separate laws and other regulations. Considering the need to align Ukrainian legislation with the legislation of the European Union countries in legislation regarding the establishment and operation of partnerships, corporate governance, protection of shareholders, creditors and other interested parties, regarding the further development of corporate governance policy in accordance with international standards, including the gradual approximation to the rules and recommendations of the European Union in this area, it is concluded that it is advisable to abolish the Commercial Code of Ukraine by adopting the relevant law, which stipulates all necessary measures to ensure proper legal regulation of relations for the period of preparation of the relevant systemic changes to the Civil Code of Ukraine. It is proved that most of the provisions of the Civil Code of Ukraine are reference or blanket, and therefore have minimal regulatory impact and mostly duplicate the provisions enshrined in other regulations. Based on the analysis of the provisions of the Commercial Code of Ukraine, it is concluded that its provisions, given their minimal regulatory impact on business relations and considering the detailed regulation of these relations in the Civil Code of Ukraine, can be repealed without any reservations. In such settings and in order to simplify the legal regulation of business activity, as well as in view of the obligations of our country (in particular, to bring the Ukrainian legislation in conformity with the legislation of the EU countries in legislation regarding the establishment and activity of partnerships, corporate governance, protection of rights of shareholders, creditors, and other stakeholders, regarding further development of corporate governance policy in line with international standards, as well as the progressive approximation to EU rules and recommendations in this area), the expediency of abolishing the Commercial Code of Ukraine is beyond doubt
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Berti Suman, Anna, et Attilio Toscano. « Public Acceptance of Water Reuse for Agriculture in the Wake of the New EU Regulation : Early Reflections ». Journal for European Environmental & ; Planning Law 18, no 3 (11 mai 2021) : 225–55. http://dx.doi.org/10.1163/18760104-18030001.
Texte intégralRésumé :
Abstract Domestic wastewater reuse in agriculture is often discussed as a way to tackle water scarcity in Europe. Europe could learn from the examples of other countries that are already successfully implementing wastewater reuse, especially in the Mediterranean. However, the potential of the practice is currently unfulfilled mainly due to social and legal barriers, including public resistance and the lack of a unified legislative framework at the European Union (EU) level. In the wake of the new EU Water Reuse Regulation released in June 2020, we wonder how this legislative intervention can foster public acceptance of non-conventional water reuse practices in agriculture. The original contribution of this piece is to provide a novel discussion of the transformations potentially triggered by the new EU Regulation and to suggest an innovative way forward, based on engaging interested users in water quality monitoring (i.e. water citizen science). We combine theoretical and empirical analysis, grounding our findings in an overarching theoretical concept, i.e. the neo-institutionalism theory. We conclude that the main catalysts for stimulating public acceptance can be identified in a unifying legislative tool represented by the recent EU Regulation and in the promotion of participatory water monitoring initiatives, also in line with the spirit of the EU Regulation.
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Horodyskyy, Ivan, Andriy Borko et Mariia Sirotkina. « ADAPTATION OF UKRAINIAN CORPORATE LEGISLATION TO EUROPEAN STANDARDS ». Baltic Journal of Economic Studies 7, no 3 (25 juin 2021) : 56–64. http://dx.doi.org/10.30525/2256-0742/2021-7-3-56-64.
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Defining the European vector of development of Ukraine in the model of international cooperation as a priority involves the use of European standards in the field of law. This is impossible without careful adaptation work to bring the domestic legal system in line with the system that exists in the countries of the European Union. Recent changes in legislation have been long-awaited and have been a breakthrough in the corporate and financial sectors. The authors aim to carry out a comprehensive analysis of Ukrainian corporate law by comparing the political governance of Eastern Europe, economic and political aspects of the current situation, problems of corporate governance and ways to solve them, and the current stages of adaptation of corporate law in its transformation to the EU’s norms. In February 2018, the European Commission proposed to consider 2025 a possible date for the accession of Serbia and Montenegro, which means recognizing these countries as the first league in the Balkans, even in case the EU Council does not approve this date. The second league was set by the Council in June 2018, when 2019 was marked as a possible conditional date for the opening of accession negotiations with Albania and Macedonia. While the third league is for the accession of Bosnia and Kosovo, for which no date has been set. Negotiations with Turkey have been suspended. For comparison, if we take into account both political and economic indicators, Ukraine is approximately equal to the Balkan states of the second league. The prospect of EU membership has been recognized as the strongest external factor in domestic political change in the countries surrounding the EU. In accordance with the requirements of the Association Agreement with the EU on corporate law (EU Directives No. 2001/34/EC, No. 2003/71/EC, No. 2004/109/EC, No. 2007/14/EC, No. 2007/36/EC, No. 2012/30/ ЕС, No. 2013/34/ЕС, Recommendations of the European Commission No. 2005/162/ЕС and No. 2004/913/ЕС) the Law of Ukraine No. 2210-VIII, the Law of Ukraine “On Limited Liability and Additional Liability Companies” dated February 06, 2018 No. 2275-VIII, amendments to the Laws of Ukraine №514-VI, “On Securities and Stock Market”, “On Business Associations”, the Economic Code of Ukraine, the Civil Code of Ukraine, the Criminal Procedural Code of Ukraine and other laws were made and came into force on July 1, 2021 in the Law of Ukraine No. 738-IX. European integration transformation of Ukrainian legislation in the context of protection of shareholders’ rights was manifested through the implementation of Directive 2004/25/EC in the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Doing Business and Attracting Investments by Issuers of Securities” dated March 23, 2017 No. 1983-VIII and the Law of Ukraine No. 514-VI. Ukraine’s economy has not yet recovered from the negative effects of the global financial crisis of 2008, the political coup, the national crisis of 2015, the current crisis caused by the COVID-19 pandemic. This situation shows declining dynamics, and changes in Ukrainian legislation are offset, not showing real effect. The harmonization of Ukrainian legislation is complicated by the unwillingness of Ukraine’s business environment to comply with EU rules. Analyzing the activities of the JSC, the dynamics of the securities market, stock market and the transformation of Ukrainian legislation, the initiatives of certain branches of government, we can say that Ukraine is moving in the right direction but not fast enough and forms a country with a real market economy. Therefore, we can conclude that the adaptation of Ukrainian corporate law to EU legislation should be carried out not only in relation to existing EU directives but in accordance with general trends and prospects for the development of European corporate law.
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Bauer, Torben, Lale Andreas, Anders Lagerkvist et Linus Ekman Burgman. « EFFECTS OF THE DIFFERENT IMPLEMENTATION OF LEGISLATION RELATING TO SEWAGE SLUDGE DISPOSAL IN THE EU ». Detritus, no 10 (8 mai 2020) : 92–99. http://dx.doi.org/10.31025/2611-4135/2020.13944.
Texte intégralRésumé :
The European Directive 86/278/EEC implemented in 1986 was a means adopted by the European Union to improve use of the valuables in sewage sludge by applying treated sludge on agricultural soils. To prevent an accumulation of pollutants, the Directive provided suggestions limiting concentrations of toxic elements in sewage sludge and agricultural soil. The Directive was implemented diversely throughout EU member states, with current national legislations only partly reflecting the initial intentions of the EU Directive from 30 years ago. This study demonstrates how the European Directive was implemented in three countries currently at different stages of replacing the agricultural application of sewage sludge with incineration (Netherlands, Germany and Sweden). Additionally, recent changes in the legislation with regards to the re-use and final disposal of sewage sludge in the three chosen member states are analysed. The aim was to investigate how each member state has solved the conflict between improvement of nutrient recovery from sludge and limitation of pollutants in agricultural soil. Based on this review, limit values are not necessarily reflected in application rates of sewage sludge in agriculture. Following changes in current legislation, phosphorus recovery will become a priority task. The recovery of other valuables from sewage sludge is currently not regulated in the legislation of the three member states investigated.
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Hudcová, Hana, Jan Vymazal et Miloš Rozkošný. « Present restrictions of sewage sludge application in agriculture within the European Union ». Soil and Water Research 14, No. 2 (5 avril 2019) : 104–20. http://dx.doi.org/10.17221/36/2018-swr.
Texte intégralRésumé :
The use of sludge in agriculture within the European Union (EU) is currently regulated only by the limits of heavy metals (Cd, Cu, Hg, Ni, Pb and Zn) listed in Council Directive 86/278/EEC. This document is now more than 30 years old. Several European countries have introduced more stringent requirements in comparison with the directive, and have adopted limits for concentrations of other heavy metals, synthetic organic compounds and microbial contamination. The paper provides an overview of the current limits of these substances in sewage sludge and concentration limits of heavy metals in soil intended for sludge application, together with applicable laws and regulations in European Union countries. There is a need to update these regulations taking into account the current risks associated with the application of sludge to agricultural land, with the possibility of using ecotoxicological tests to assess the risks. A wide range of technologies for sewage sludge processing is used in EU countries. The predominant choice is a direct application in agriculture followed by composting. The use of sewage sludge in agriculture in 2014 and 2015 in 13 EU countries that provided data amounted to 22.6% (2014) and 22.1% (2015) of produced sludge and 23.3% (2014) and 23.1% (2015) of sludge disposed. It is also highly variable within EU countries ranging between zero (Malta, Slovenia, Slovakia) and 80% (Ireland). Over 50% of sewage sludge is used in agriculture in Bulgaria according to 2015 data.
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Polovinski-Horvatovic, Miroslava, Verica Juric et Dragan Glamocic. « The frequency of occurrence of aflatoxin M1 in milk on the territory of Vojvodina ». Zbornik Matice srpske za prirodne nauke, no 116 (2009) : 75–80. http://dx.doi.org/10.2298/zmspn0916075p.
Texte intégralRésumé :
Aflatoxin is one of the most common mycotoxins which can be found in milk. It represents a natural metabolite of aflatoxin B1 that occurs as a result of animal metabolism and the body's attempt to detoxificate it. It is excreted in milk, feces and urine of animals that consumed contaminated feed with aflatoxin B1. The carry-over from feed to milk depends on many factors, ranging from 0.3 to 6.2%. Aflatoxin M1 is in the first group of carcinogens according to the IRAC classification from 2002, but it is considered to have only 10% of carcinogenicity from its precursor aflatoxin B1. Legislation in member countries of European Union for this mycotoxin in milk intended for people is 0.05 ?g/l, while the rest of the countries that also have legislation for this mycotoxin allow the concentration that is ten times higher, and that is 0.5 ?g/l. In this paper, we have tried to provide on insight into the quality of milk, food often consumed by children, from the standpoint of mycotoxicology, and to compare the obtained data with data available from literature, from countries in the region that have similar climatic and agricultural conditions. From a total of 65 samples of processed milk, aflatoxin M1 was found in 18 samples and none of the samples exceeded the level of 0.05 ?g/l, which is allowed by the legislation of the European Union.
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Calopereanu, Monica Florentina, Marian Șuică et Alin Nicușor Calopereanu. « Considerations regarding compliance with the Regulation (EU) 2016/679 (GDPR) in Human Resources Departments ». Proceedings of the International Conference on Business Excellence 13, no 1 (1 mai 2019) : 548–59. http://dx.doi.org/10.2478/picbe-2019-0048.
Texte intégralRésumé :
Abstract Most companies and institutions, collect and process personal data about their employees, such as: name, phone number, email address, person’s location information and activities at work, surveillance images from CCTV cameras, - all of these are personal data of individuals. And the list remains open. Consequently, all state or private institutions are affected by REGULATION no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 (“GDPR”). In this paper we will present also, some of the past laws available in European Union prior to the approval of the REGULATION no. 679 of 27 April 2016. Those were also important for the life of the European citizens, but they have not been so well implemented and transposed into the legislation of all EU countries, which led in time to the appearance of the new REGULATION no. 679 of 27 April 2016. GDPR has a global impact as its rules are applicable to personal data that concern or describe the behavior of any natural person within the European Union even if the entities collecting and processing personal data are located outside the Union. Through this paper we aim to identify some of the main implications and risks deriving from the application of the GDPR at the level of the Human Resources Departments from the companies operating within the European Union.
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Schmitz, Andrew, Hartley Furtan et Troy G. Schmitz. « Agricultural Policy : High Commodity and Input Prices ». Agricultural and Resource Economics Review 38, no 1 (avril 2009) : 18–35. http://dx.doi.org/10.1017/s1068280500000162.
Texte intégralRésumé :
Because of high commodity prices, beginning in 2006, subsidies to farmers in the United States, the European Union, and Canada have been reduced significantly. However, significant losses have been experienced by the red meat sector, along with escalating food prices. Because of rising input costs, the “farm boom” may not be as great as first thought. Ethanol made from corn and country-of-origin labeling cloud the U.S. policy scene. Higher commodity prices have caused some countries to lower tariff and non-tariff barriers, resulting in freer commodity trade worldwide. Policymakers should attempt to make these trade-barrier cuts permanent and should rethink current policy legislation to deal with the possibility of a collapse of world commodity markets. Agricultural commodity prices have dropped significantly since early 2008.
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Varì, Maria Rosaria, Giulio Mannocchi, Roberta Tittarelli, Laura Leondina Campanozzi, Giulio Nittari, Alessandro Feola, Federica Umani Ronchi et Giovanna Ricci. « New Psychoactive Substances : Evolution in the Exchange of Information and Innovative Legal Responses in the European Union ». International Journal of Environmental Research and Public Health 17, no 22 (23 novembre 2020) : 8704. http://dx.doi.org/10.3390/ijerph17228704.
Texte intégralRésumé :
At the end of 2019, the European Monitoring Centre for Drugs and Drug Addiction was monitoring around 790 new psychoactive substances, more than twice the total number of controlled substances under the United Nations Conventions. These substances, which are not subject to international drug controls, include a wide range of molecules, including the assortment of drugs such as synthetic cannabinoids, stimulants, opiates, and benzodiazepines. Most of them are sold as “legal” substitutes for illicit drugs, while others are intended for small groups willing to experiment with them in order to know their possible new effects. At the national level, various measures have been taken to control new substances and many European countries have responded with specific legislation in favor of consumer safety and by extending or adapting existing drug laws to incorporate the new psychoactive substances. Moreover, since 1997, an early warning system has been created in Europe for identifying and responding quickly to the risks of new psychoactive substances. In order to establish a quicker and more effective system to address the criminal activities associated with new dangerous psychoactive substances, the European legal framework has considerably changed over the years.
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Dukhnevych, Andrii V., Nataliia V. Karpinska et Iryna V. Novosad. « Phytosanitary examination : Ukraine experience and international standards ». Journal of the National Academy of Legal Sciences of Ukraine 28, no 2 (25 juin 2021) : 262–68. http://dx.doi.org/10.37635/jnalsu.28(2).2021.262-268.
Texte intégralRésumé :
The article explores Ukraine’s experience in conducting phytosanitary expertise based on international standards. It was stated that Ukraine should develop a series of draft in national legislation in the field of quarantine and plant protection, which would be adapted to the legislation of the European Union and at the same time meet the requirements of the International Plant Protection Convention. In this area, Ukraine has already partially implemented some structural reforms in the phytosanitary sector, but these processes require continued state support and encouragement, international coordination that will facilitate the development of agriculture in general. Such coordination can be undertaken primarily in the framework of international universal organisations within the UN system, in particular within FAO. It has been emphasised that Law of Ukraine No. 2501-VIII “On Amendments to Certain Legislative Acts of Ukraine on Regulation of Some Phytosanitary Procedures” came into force on February 2, 2019. Among the innovations are the granting of the right to carry out expert examination to private laboratories, new terms in the field of plant quarantine and the creation of the Register of Phytosanitary Certificates issued. It has been concluded that Ukraine is currently actively applying international standards, participating in their development and registering official translations of international standards for phytosanitary measures. Developing national and applying international standards, as a key factor in creating a quality system in the field of plant quarantine, not only ensure full fulfilment by Ukraine of its obligations under the IPPC and SPS, agreeing on the phytosanitary safety of exported quarantine cargoes, but also increase the competitiveness of the domestic vegetal products in the world market. This creates a positive image of Ukraine as a reliable trading partner that does not violate the requirements of other countries and guarantees the conformity of product quality, phytosanitary procedures to internationally recognised standards. Therefore, for qualified phytosanitary examinations, the mechanism of guaranteeing compliance with national and international standards, amending legislation, introducing effective penalties for violation of the rules and procedure for conducting phytosanitary examinations should be a promising area
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Beiter, Klaus D., Terence Karran et Kwadwo Appiagyei-Atua. « Academic Freedom and Its Protection in the Law of European States ». European Journal of Comparative Law and Governance 3, no 3 (28 août 2016) : 254–345. http://dx.doi.org/10.1163/22134514-00303001.
Texte intégralRésumé :
Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.
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Сафаров, Джахонгир, Dzhakhongir Safarov, Зафар Рузиев et Zafar Ruziev. « COMPARATIVE LEGAL ANALYSIS IN THE FIELD OF ENVIRONMENTAL PROTECTION POWERS OF SELF-GOVERNMENT BODIES IN FOREIGN COUNTRIES ». Journal of Foreign Legislation and Comparative Law 2, no 1 (16 mars 2016) : 0. http://dx.doi.org/10.12737/18194.
Texte intégralRésumé :
On the basis of the provisions of environmental legislation, as well as laws on local self-government of the United States, the European Union and the Commonwealth of Independent States the comparative legal analysis of the self-government authority in the field of environmental protection is given. The specifics of powers of citizens’ self-government institute (mahalla) in the Republic of Uzbekistan in the sphere of environmental protection are determined. The classification of the environmental authorities of self-government bodies in such four key areas as organizing and conducting of environmental education and conservation work on the ground, implementation of public environmental control, the realization of the economic mechanism of nature protection and management in the field of ecology is offered. The conclusion about the possibility of using of the rules laid down in the legislation of studied states in the domestic legislation is made. The priority areas for further extension of powers of environmental government agencies are proposed. The prospects for improving the legal rules for the participation of self-government bodies in the field of nature protection, the expansion of the powers of environmental authorities of the self-government bodies in the field of environmental rights of citizens, as well as the strengthening of mechanisms to ensure environmental information by the selfgovernment bodies are studied.
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Hayden, Robert M. « "Genocide Denial" Laws as Secular Heresy : A Critical Analysis with Reference to Bosnia ». Slavic Review 67, no 2 (2008) : 384–407. http://dx.doi.org/10.1017/s0037677900023585.
Texte intégralRésumé :
“Heresy” is developed here as an analytical term for the criminalization of speech questioning the basic tenets of a belief system, such as internal criticisms of state socialism or denial of the applicability of the term genocide to some mass crimes in a European Union that purports to make central the protection of human rights. European legislation to criminalize “genocide denial” is critiqued through a close analysis of international legal decisions dealing with whether “genocide” took place in the Bosnian war of 1992-95. Although granting both the facts as these courts found them and the serious criminality of the actions involved, Robert M. Hayden argues that calling them “genocide” broadens the definition of that term to the extent of losing the possibility of uniform application. Criminalizing “genocide denial” is thus not only contrary to principles of free speech and intellectual inquiry but manifests the same problem that Amnesty International identified in its reports in the 1980s on the vagueness of the “verbal crimes” provisions of the criminal laws of the formerly socialist countries. Hayden concludes that the punishment of heresy is a manifestation of power by a political elite that holds its values and assumptions to be immune from challenge.
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Boltanova, E. S., et M. P. Imekova. « Russian Legislation Development Prospects in the Field of Protection of Citizens’ Rights in Processing of Genetic Information (Private Law Outlook) ». Lex Russica, no 2 (28 février 2022) : 90–100. http://dx.doi.org/10.17803/1729-5920.2022.183.2.090-100.
Texte intégralRésumé :
The European Union countries tend to ensure the protection of citizens’ rights when processing genetic information in such areas as healthcare, science, labor and insurance. In Russia, such protection of citizens’ rights is provided exclusively for the prevention, disclosure and investigation of crimes.The results of the study show that genetic information is an element of objects of various constitutional human and civil rights (for example, the right to health, the right to privacy, personal dignity, etc.). Consequently, it can be the object of a complex of legal relations of various areas of law: constitutional, civil, labor, etc. In this regard, it is concluded that the protection of the rights of citizens in Russia in processing of genetic information in such areas as healthcare, science, labor and insurance should have a complex (intersectoral) character. At the same time, there is no need to adopt a general law that would ensure the appropriate protection of citizens’ rights in all these spheres of society. It is enough to make point changes to the laws regulating public relations on processing of genetic information within a particular sphere. The Federal Law «On Personal Data» should definitely take a central place among such laws. Its norms are of «cross-cutting» character and are subject to application to all public relations, one way or another related to the processing of genetic information.In addition, there is a sphere of social life in Russia that is directly related to the processing of genetic information, but is not subject to legislative regulation. This is scientific research that uses biological samples of human origin. The authors of the paper, by analogy with the legislation of the European Union, propose to adopt a new Federal Law «On research of biological samples of human origin».
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Yankovyi, Mykola O., Hanna V. Foros, Hanna V. Zaiets et Olena I. Pluzhnik. « Protection of Personal Information in the Medical Sphere of Social Relations ». Cuestiones Políticas 38, Especial (25 octobre 2020) : 44–62. http://dx.doi.org/10.46398/cuestpol.38e.02.
Texte intégralRésumé :
The purpose of the work was to identify the main legal parameters of modern information. As material sources of research at work, not only the Ukrainian regulations in the field of medical relations information are used, but also relevant innovations in the legal regulation of medical information relations, which are produced in the countries of the European Union. It is established that in the normative legal acts of Ukraine, unlike in European legislation, there is no division of information about an individual into general data and vulnerable personal data. The laws of Ukraine do not contain the notion of "public figure", whose limits of criticism, according to the European Court of Human Rights, are broader for an ordinary person. Among the main conclusions, it stands out that, in order to guarantee the freedoms and rights of citizens, it is necessary in the regulations to classify groups, lists of personal data and access to them based on the secret classification to avoid ambiguities. The materials in the article have practical value for graduates of higher education institutions of police and medical specialties, among others.