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1
Raj, Vishakha, et M. P. Ram Mohan. « Appellate Body Crisis at the World Trade Organization : View from India ». Journal of World Trade 55, Issue 5 (1 septembre 2021) : 829–52. http://dx.doi.org/10.54648/trad2021035.
Texte intégralRésumé :
There has been a crisis prevailing at the Appellate Body of the World Trade Organization (WTO) since December 2019. The United States’ (US) refusal to allow the appointment of members to the WTO’s Appellate Body has disturbed the functioning of the entire WTO dispute settlement process. In order to mitigate the effects of this, the European Union (EU) has proposed a multi-party interim appeal arbitration agreement (MPIA) which has been joined by over twenty other WTO members. In the absence of rules-based dispute settlement, countries will most probably resort to bilateral negotiations. This will be prejudicial to the interests of developing countries that have consistently been disadvantaged during bilateral negotiations and fared better in proceedings with third-party adjudication. Though India has expressed concerns about the Appellate Body crisis, it has not joined the MPIA and has stated that it does not intend to do so either. This article explains why India would benefit from joining the MPIA especially given the disputes it has pending before WTO Panels. Joining the MPIA will help India avoid unilateral sanctions at the first instance and increase the likelihood of compliance by other WTO members that are a part of the MPIA. WTO, Appellate Body, India, dispute settlement, multilateralism, United States, European Union
2
Gaćeša, Radmila. « European Union Convention on Common transit procedure ». Bankarstvo 51, no 2 (2022) : 173–84. http://dx.doi.org/10.5937/bankarstvo2202173g.
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On February 1st 2016, the Republic of Serbia acquired the status of a full member of the European Union Convention on Common Transit Procedure, and joined the existing members: EU countries, EFTA countries, as well as individual members Turkey and the Republic of North Macedonia. In this way, Serbia put its particularly important geopolitical position in Europe, and its openness to support and acceptance of foreign direct investments, into the function of further dynamic improvement in the sphere of economy and overall economic development.
3
Gonzalez, Andrea Maria, et Aldina Sakhi. « The Multi-party Interim Appeal Arbitration Arrangement : An Update ». Global Trade and Customs Journal 17, Issue 10 (1 octobre 2022) : 436–40. http://dx.doi.org/10.54648/gtcj2022062.
Texte intégralRésumé :
The World Trade Organization’s Appellate Body (AB) continues to face an existential and operational crisis. Since 2017, the United States has blocked the selection of replacements for retiring AB members. As a result, the Appellate Body no longer has any active members and, therefore, cannot function. In March 2020, a group of 16 WTO members, including the European Union, promoted an initiative to establish a ‘multi-party interim appeal arrangement’ (MPIA), as an alternative to AB proceedings pending a resolution of the AB impasse. The arrangement is intended to allow disputes to be resolved finally by an impartial adjudicating body and to preserve a two-tier WTO dispute settlement system, until the Appellate Body resumes its functions. This Article provides a review of the structure and provisions of the MPIA and an update on how it has worked in practice. To date, no WTO dispute has gone through the MPIA process. However, in two recent disputes, Türkiye, which is not an MPIA party, and the European Union entered into agreements on appeals using a process very similar to the MPIA. One of those disputes has proceeded to the appeal stage under this arrangement. This note also provides the review of the differences between the MPIA and the Türkiye-EU mechanism. The World Trade Organization's disputes, the Dispute Settlement Body, Appellate Body Members, Multi-party interim appeal arrangement, MPIA, structure, appeal arbitration procedure, arbitrators, MPIA arbitrator, outgoing disputes, the first case to use appeal, Article 25 Arbitration, Türkiye-EU appeal arbitration agreement, WTO reform, MC12 outcome.
4
Svoboda, Ondrej. « EU Reform Agenda in Defence of the Judicialization of International Economic Law ». European Foreign Affairs Review 25, Issue 2 (1 août 2020) : 177–96. http://dx.doi.org/10.54648/eerr2020018.
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A widely-recognized ‘backlash against globalization’ has taken many forms in recent years, particularly in the resurgence of nationalism and protectionism. Following the rise of a legitimacy crisis in the international regime for the protection of investments, the Trumpanian attack on the World Trade Organization (WTO) Appellate Body undermines a crucial function of this organization. In this context, the European Union has traditionally been seen as an advocate of the rule of law at an international level. Currently, it leads the way to maintain rules-based global economic governance by submitting detailed proposals to reform international trade and investment adjudication bodies and galvanizing broad support for them amongst other countries. Specifically, the European Union (EU) proposes the establishment of a multilateral investment court (MIC), which it considers to be the best option to address the concerns with the existing system of investor-State dispute resolution (ISDS). At the WTO, the EU has tabled two sets of proposals to answer concerns from the US and modify the relevant parts of the Dispute Settlement Understanding (DSU). After the collapse of the WTO Appellate Body, the EU led an initiative to create an interim appeal arbitration arrangement. This article argues that, in the absence of leadership by the US, the EU plays an essential role in maintaining trade and investment governance built on international law. This article identifies two different EU approaches in its attempt to (1) modernize an existing adjudication body at the WTO and (2) promote establishment of a new judicial institution for the resolution of investment disputes. In both ways, the EU acts as an innovator in terms of international governance. European Union, reform, judicialization, WTO, Appellate Body, UNCITRAL, investor-state dispute settlement (ISDS), multilateral investment court
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LEVY, PHILIP I., et DONALD H. REGAN. « EC–Seal Products : Seals and Sensibilities (TBT Aspects of the Panel and Appellate Body Reports) ». World Trade Review 14, no 2 (avril 2015) : 337–79. http://dx.doi.org/10.1017/s1474745615000051.
Texte intégralRésumé :
AbstractThe EC–Seal Products case stemmed from complaints by Canada and Norway against European Union regulations that effectively banned the importation and marketing of seal products from those countries. The EU said it had responded to European moral outrage at the killing of seals. Canada and Norway challenged the regime under various provisions of the Technical Barriers to Trade (TBT) Agreement and the GATT. This article considers TBT aspects of the Panel and Appellate Body decisions. It discusses issues such as whether there is any bright line to be drawn between legitimate and illegitimate purposes in regulation, the proper legal meaning of a ‘technical regulation’, and the interpretation of TBT 2.1.
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Dec, Pawel, et Piotr Masiukiewicz. « Models of Bankruptcy Procedures in European Union ». Business and Management Horizons 3, no 2 (1 décembre 2016) : 46. http://dx.doi.org/10.5296/bmh.v4i2.10275.
Texte intégralRésumé :
This paper focuses on the analysis of comparative models bankruptcy in selected EU countries and the evaluation of the effectiveness of the insolvency proceedings. These models are quite similar in the countries concerned; also they give the opportunity to the many variants of the bankruptcy procedure. The main thesis of the article is—so far developed and applied models of bankruptcy are still insufficient and need to be improved and reorientation to a greater extent, particularly concerning the taking into account of weak signals from the business environment. The authors analyzed the relevant theories of the firm and its reference to bankruptcy, presented various models of insolvency procedures in selected EU member states, analyzed the so-called European Company for bankruptcy. Complementing the paper detailed research on the effectiveness of insolvency proceedings in many countries. Included in the text of the conclusions show the shortage of both in theory and in practice, a comprehensive solution to the problem of insolvency proceedings.
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Echevarría, Gorka. « In the Name of Free Trade : WTO against the Brazilian Tax Incentives ». Global Trade and Customs Journal 15, Issue 5 (1 mai 2020) : 235–43. http://dx.doi.org/10.54648/gtcj2020032.
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The Tax incentives offered by Brazil to local production triggered a WTO dispute by the European Union and Japan against the presumably ‘discriminatory tax advantages’ that for years have severely harmed these countries’ automotive and technological industries. This article explores, through the review of the claims submitted by the parties to the dispute, the Panel and the Appellate Body’s resolutions, if these tax incentives effectively increased the border protection in Brazil by imposing a higher tax burden on imported goods than on domestic goods; conditioning tax advantages to the use of domestic goods and, providing export-contingent subsidies. WTO, Brazil, GATT, TRIMS, INOVAR-Auto, Informatics, Tax incentives, Subsidies
8
Adijāne, Iveta. « CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION ». BORDER SECURITY AND MANAGEMENT 3, no 8 (20 octobre 2020) : 54–63. http://dx.doi.org/10.17770/bsm.v3i8.5359.
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There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.
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Adijāne, Iveta. « CHALLENGES AND DEVELOPMENT OF THE ASYLUM SYSTEM IN THE EUROPEAN UNION ». BORDER SECURITY AND MANAGEMENT 3, no 8 (20 octobre 2020) : 54–63. http://dx.doi.org/10.17770/bsm.v3i8.5359.
Texte intégralRésumé :
There still is a lack of unity among EU Member States on asylum issues, both, in the practical application of the existing legal framework and in the direction of the common asylum system. Latvia is subject of both international and European Union common asylum conditions. Any changes in the scale of the European Union affect Latvia, and the world situation in the field of refugees also affects our country. The aim of this article is to analyse the current situation of asylum in the EU, touching upon main trends in the world of refugees, and to identify the main problems in the existing asylum procedure in the EU. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of asylum procedure and determine interconnections in asylum procedure time frame between legislation and practical instances in EU countries.
10
Kovalenko, Tetiana. « Trademark registration in the European Union ». Theory and Practice of Intellectual Property, no 3 (9 août 2022) : 65–72. http://dx.doi.org/10.33731/32022.262625.
Texte intégralRésumé :
Keywords: trademark, EU Regulation, EU trademark, European Union, Europeansystem of trademark protection
The developmentof economic integration of European countries has created the need to create asingle system of legal protection of trademarks, as it should contribute to the formationof a common market, the conditions of which are the possibility of competitionand free movement of goods and services in European countries. One of the legal instrumentsto meet these conditions is the trademark, which must be used in the EuropeanUnion. The creation of a common economic space in Europe has contradicted thenational laws of each of the member states of the European Union. Therefore, there isa need to create a single European system of trademark protection.According to the EU Regulation, one of the main functions of an EU trademark isto guarantee the origin of goods and services sold or provided to consumers under thattrademark. The EU trademark is unitary. As it is registered for all member states ofthe European Union through a single procedure, it acquires rights only if it is acceptedin all member states of the European Union. An EU trademark is acquired onlythrough registration, not use.
The EU regulation provides for the free movement of goods and services betweenmember states. Accordingly, the owner of an EU trademark cannot object to the use ofsuch a registered trademark in the European Union. Moreover, the EU regulation definesnot only the registration criteria, but also the examination procedure, includingthe possibility of objections to registration made by third parties, and the procedurefor filing claims for infringement of trademark rights.Either party may appeal the decision on the objection to the Board of Appeal ofthe European Union Intellectual Property Office. Thereafter, any issue can be appealedto the Court of Justice of the European Union, which can only annul orchange the decision.Once the EU trademark application has been published, the pre-emption holderhas three months to file an objection. Obtaining an EU trademark is essential for asuccessful brand protection strategy. Since its inception, the EU trademark systemhas become one of the most important tools available to both legal entities and individualswho want to effectively protect their trademark rights in Europe.
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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
Texte intégralRésumé :
Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
12
Butler, Graham, et John Cotter. « Just Say No ! Appeals Against Orders for a Preliminary Reference ». European Public Law 26, Issue 3 (1 décembre 2020) : 615–42. http://dx.doi.org/10.54648/euro2020058.
Texte intégralRésumé :
Can an order for a preliminary reference to the Court of Justice of the European Union (the Court), made by a lower instance national court, be subject to an appeal to a higher instance national court? To date, the Court has not been sufficiently clear on an answer to this exact question. The Court’s Cartesio judgment mandated that national law could not permit a higher instance national court from varying an order for reference, setting aside an order for reference, or ordering the resumption of national proceedings whilst awaiting the return of the preliminary reference. However, the Court did not say that appeals against an order for reference, more generally, were incompatible, per se, with Union law. This article contends that such breadth given to higher instance national courts is contrary to the intent of Article 267 TFEU, which aims to ensure effective judicial dialogue between all national courts and the Court, uninterrupted by national law and practice. This article makes the case for ending this regime of undue deference to national procedural autonomy on this question, which is problematic in circumstances where the rule of law and judicial independence in all Member States cannot be assumed. National courts, Court of Justice of the European Union, Preliminary reference procedure, national procedural autonomy, Appeals, Appellate courts
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Stoian, Andreea, Laura Obreja Brașoveanu, Iulian Brașoveanu et Bogdan Dumitrescu. « A Framework to Assess Fiscal Vulnerability : Empirical Evidence for European Union Countries ». Sustainability 10, no 7 (16 juillet 2018) : 2482. http://dx.doi.org/10.3390/su10072482.
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Following the financial crisis of 2007 and the sovereign debt crisis in 2010 that affected the soundness and reduced the strength of public finance in European countries, there has been a growing interest in developing methodologies to the help assess and signal the vulnerability of fiscal policy. Therefore, the aim of this study is to develop a new framework (V-L-D) to assess fiscal vulnerability. V-L-D represents a new methodology on the measurement of fiscal vulnerability that relies on the assumption that vulnerability can occur even during calm times. In comparison with previous methodologies that studied fiscal vulnerability around crisis and fiscal distress times, our framework investigates fiscal vulnerability near fiscal adjustments episodes. Our methodology relies on two distinct indicators: one showing the vulnerabilities indicated by the level of the cyclically adjusted budget balance and distance-to-stability, and one showing the vulnerabilities pointed out through the changes of the cyclically adjusted budget balance and public debt. V-L-D is able to classify fiscal vulnerability into five distinct categories having scores from 0 (no fiscal vulnerability) to 4 (extreme fiscal vulnerability). Using annual data ranging over 1990–2013 for 28 European Union countries, we evidenced 310 episodes of fiscal vulnerability, out of which 128 episodes of low vulnerability, 94 of moderate, 62 of strong, and 26 of extreme fiscal vulnerability. We also found that over 2004–2013, Greece, Portugal, Romania, United Kingdom, Ireland, Spain, and Slovenia were the most fiscally vulnerable countries in the Union. United Kingdom and Greece went through the longest episodes of fiscal vulnerability, counting 12 and 11 consecutive years, respectively. We tested our framework’s effectiveness against the Excessive Deficit Procedure. We found that the overall performance is good: V-L-D assessed moderate fiscal vulnerability during the procedure, strong fiscal vulnerability in the first year when procedure was initiated, and extreme vulnerability one year before the initiation.
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Davinić, Marko, et Vuk Cucić. « Europeanization of General Administrative Procedure in Serbia ». Review of Central and East European Law 46, no 2 (27 mai 2021) : 153–78. http://dx.doi.org/10.1163/15730352-bja10045.
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Abstract Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies of European influence in the drafting process. Two main shortcomings thereof were the false deregulation and debureaucratization of gapa and the ‘one-size-fits-all’ approach applied in all the countries of the Western Balkan region, in spite of inherent differences in their legal systems. The purpose of the criticism given in the paper is to avoid the same issues in the future, during the process of harmonization of Serbian law with the acquis communautaire.
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Mahmutefendic, Tahir. « The Eu Enlargement. How to be Like the Irish and not the Greek ? » ECONOMICS 7, no 2 (1 décembre 2019) : 49–58. http://dx.doi.org/10.2478/eoik-2019-0021.
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Abstract Apart from the former EFTA members (Iceland, Lichtenstein, Norway and Switzerland) and a few former republics of the Soviet Union (Bjelorussia, Moldova and Ukraina) the countries of the Western Balkans are the only European states outside of the European Union. They are very keen to join the Union. The Balkans have always been the poorest part of Europe. The appeal of the wealthy European Union is apparent. Access to the largest market in the world, investment, modern technologies and generous regional funds give a hope that by joining the EU the Western Balkans countries will join the rich club. At the moment performance of the Western Balkan countries does not guarantee that they will become rich by joining the European Union. Their current production and trade structure makes it likely that the Western Balkan countries will be locked in inter-industry trade in which they will export products of low and medium technological and developmental level and import products of high technological and developmental level. This might lead to divergence rather than convergence between them and the European Union. In other to overcome this problem the Western Balkan countries need to conduct radical reforms in the public sector, fiscal policy, industrial trade and investment policy. They also need to tackle corruption, simplify administrative procedure, strenghten property rights and the lawful state. All this with the aim to change economic structure and shift from achievements of the second and third to fourth technological revolution. Only if these reforms are successfuly implemented the Western Balkan countries can hope to avoid the Greek scenario and possibly experience the Irish scenario.
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Asicioglu, Faruk. « New Psycho-Active Substances : The Legal Procedure Used in European Union Countries and Turkey ». Klinik Psikofarmakoloji Bülteni-Bulletin of Clinical Psychopharmacology 20, no 4 (décembre 2010) : 334–39. http://dx.doi.org/10.1080/10177833.2010.11790683.
Texte intégral
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TYRPENOU (Α.Ε.ΤΥΡΠΕΝΟΥ), A. E. « Enlargement of the European Union ... an historic opportunity ». Journal of the Hellenic Veterinary Medical Society 57, no 3 (29 novembre 2017) : 230. http://dx.doi.org/10.12681/jhvms.15045.
Texte intégralRésumé :
Enlargement is one of the most powerful political tools of the European Union and the driving force which has helped in the transformation of the Central and East Europe. From the moment it was created in 1950 is continuously enlarging and has recendy inspired ambitious reformations for Turkey, Croatia and West Balkans. Its founder members call the people of Europe which put their ideas and unified their efforts. Since that time and according to the article 49 of the European Union, it has been grown up from the 6 initial states to 9, 10, 12, 15 and recently to 25. The process still goes on today with new candidate countries, such as Bulgaria and Romania and with accession negotiations with Turkey just as this country could meet the political criteria for accession and the respect of human rights. On completion of this phase the European citizens could live and work in an extended area beyond the Baltic Sea to the Black Sea and from Nicosia to Kiruna and could work under standard procedures in the biggest and without borders market of the world. Also, they will benefit from their neighbours, who have stable democracies and good market economies. It is a careful procedure for the transition of the countries involved, dispersing peace, stability, well being, democracy, human rights and a state of justice in the whole Europe. Further, when our children will become grownup, they will live in a European Union consisted of thirty or more states and with more than twenty languages, a unique polymorphic culture embracing more than 500.000.000 people.
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Landmesser, Joanna. « Differences in income distributions for men and women in the European Union countries ». Equilibrium 14, no 1 (31 mars 2019) : 81–98. http://dx.doi.org/10.24136/eq.2019.004.
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Research background: Recently there has been an increase in interest in the studies of income inequalities. The findings of numerous empirical studies show that males earn higher wages than females. A variety of techniques of income inequalities decomposition are becoming popular. New procedures go far beyond the Oaxaca-Blinder decomposition. They allow to study differences of income distributions for various groups of people and to decompose them at various quantile points.
Purpose of the article: The aim of the paper is to compare personal income distributions in selected countries of the European Union, taking into account gender differences.
Methods: First, we examined the income inequalities between men and women in each country using the Oaxaca-Blinder decomposition procedure. The unexplained part of the gender pay gap gave us information about the wage discrimination. Second, we extended the decomposition procedure to different quantile points along the whole income distribution. To describe differences between the incomes of men and women, we constructed the so-called counterfactual distribution, which is a mixture of a conditional distribution of the dependent variable (income) and a distribution of the explanatory variables (individual people’s characteristics). Then, we utilized the residual imputation approach (JMP-approach).
Findings & Value added: In the article data from EU-SILC (Statistics on Income and Living Conditions) were used. We found that there exists an important diversity in the size of the gender pay gap across members of the European Union. The results obtained for these countries allowed us to group them into clusters. In general, there are two types of countries in Europe: the countries, where the bulk of the observed income differences cannot be explained by observed characteristics, and the countries, where the explained and the unexplained effects are both positive, with even a bigger explained effect for the lower income ranges.
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Landowski, Bogdan, Samanta Angowska et Konstyantyn Holenko. « Customs procedures used in trade ». MATEC Web of Conferences 375 (2023) : 01005. http://dx.doi.org/10.1051/matecconf/202337501005.
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An important issue related to the international exchange of goods is the legal norms related to customs issues. In this area, customs procedures are important issues. The is deals with the problem of legal regulations on the application of customs procedures in international trade. The article deals with the issue of customs procedures applied to the issue of the introduction of goods into the customs territory of the European Union. The considerations are illustrated on the example of one of the member countries of the European Union. Classifications and characteristics of customs procedures are presented. In order to illustrate the considerations presented in the work, the process of transportation of goods from one of the member countries of the European Union to Singapore was analyzed in terms of the selection of the customs procedure. The article also presents examples of events and factors causing disruptions in transportation processes, which not only translate into transportation and trade costs, but also can affect potential disruptions in supply chains.
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Zapotoczna, Marcelina. « Taxonomic Analysis of Spatial Diversification of Housing in Selected Countries of the European Union ». Barometr Regionalny. Analizy i Prognozy 12, no 3 (9 janvier 2015) : 85–90. http://dx.doi.org/10.56583/br.1040.
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This article proposes to employ taxonomic methods to assess the residential situation in selected countries of the European Union. A synthetic measure was used whose construction was based on diagnostic variables which characterise the housing and socioeconomic conditions in the countries included in the study. This measure made it possible to arrange the items under study in a linear manner by residential situation (from the best to the worst). In addition, Ward’s method of classification was used to arrange countries in groups with similar residential situations. Similar results were obtained in both classifications for the years 2007 and 2013. The proposed procedure can be used by state authorities to make housing policy decisions.
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Smyrnova, Kseniia. « Dispute Settlement Mechanisms Provided by the Association Agreements Concluded By the European Union with Third Countries ». Journal of the National Academy of Legal Sciences of Ukraine 27, no 3 (29 septembre 2020) : 63–79. http://dx.doi.org/10.37635/jnalsu.27(3).2020.63-79.
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International dispute settlement and international relations both have a long history. All EU association agreements have appropriate dispute settlement mechanisms, which differ to some extent. The main task of this study is to determine the international legal mechanisms for resolving disputes included in the Association Agreement between the EU and Ukraine. Furthermore, the purpose of the study becomes especially relevant in the context of the process of resolving the Ukraine-EU trade dispute on national restrictions on timber exports, which is the first dispute in Ukrainian practice. A comparison of the various treaty principles of EU cooperation with third countries suggests that the highest level of protection of individuals through the functioning of the dispute settlement mechanism is described by association agreements, and some of them even resemble an "arbitration clause". It was found that the criteria of comparative analysis were the types of dispute resolution mechanisms, consultation procedures and arbitration procedure, mediation procedure and rules of procedure. According to these criteria, it was found that the association agreements contain almost identical provisions on consultation procedures and arbitration, with the exception of some agreements where arbitration is presented on a narrower scale. The provisions on mediation procedures in the submitted agreements are almost identical to the Code of Conduct for Arbitrators and the Rules of Procedure, which serve as template documents duplicated in the various agreements. The association agreements between the EU and Ukraine, Georgia, and Moldova are analysed in detail, and common and distinctive features are described. Differences in the details of dispute settlement mechanisms may indicate that the parties have concerns about the likelihood and intensity of disputes. The Association Agreement between Ukraine and the EU for the settlement of disputes makes provision for the use of various methods: consultations, arbitration, the establishment of an arbitration panel. Particular attention is paid to the analysis of the first case of a trade dispute, which is resolved with the use of the arbitration procedure under the Association Agreement with Ukraine on the export of raw wood
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Gorgosz, Adrian. « Kto i z kim ? Analiza rozbieżności stanowisk w głosowaniach w Radzie Unii Europejskiej, w latach 2009–20141 ». Przegląd europejski 2 (5 mars 2019) : 175–98. http://dx.doi.org/10.5604/01.3001.0013.0864.
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The purpose of the article is to analyse the cases of contestation of decisions in the Council of the European Union during voting on legislative acts in the ordinary legislative procedure, in the period 2009–2014. In the first step, two research hypotheses were delineated. The first one assumed the dominance of the coalition culture in voting, the second one assumed the opposite, the dominance of the culture of consensus. In addition, two further hypotheses were delineated which assumed conflicts in the European Union between the countries of the north and south and between the “old” vs. “new” Union. In order to verify the hypotheses, a multidimensional scaling technique was applied. Empirical analysis confirmed that the dominant culture of voting is the culture of consensus. Despite this, several countries strongly emphasised their separate positions, trying to form coalitions. Moreover, conflicts between the north and south Europe and the “new” and “old” Union were not confirmed.
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Rokicki, Tomasz, Piotr Bórawski, Aneta Bełdycka-Bórawska, Agata Żak et Grzegorz Koszela. « Development of Electromobility in European Union Countries under COVID-19 Conditions ». Energies 15, no 1 (21 décembre 2021) : 9. http://dx.doi.org/10.3390/en15010009.
Texte intégralRésumé :
The introduction of electromobility contributes to an increase in energy efficiency and lower air pollution. European countries have not been among the world’s leading countries in this statistic. In addition, there have been different paces in the implementation of electromobility in individual countries. The main purpose of this paper is to determine the directions of change and the degrees of concentration in electromobility in European Union (EU) countries, especially after the economic closure as a result of the COVID-19 pandemic. The specific objectives are to indicate the degree of concentration of electromobility in the EU and changes in this area, especially during the COVID-19 pandemic; to determine the dynamics of changes in the number of electric cars in individual EU countries, showing the variability in this aspect, while also taking into account the crisis caused by COVID-19; to establish the association between the number of electric cars and the parameters of the economy. All EU countries were selected for study by the use of the purposeful selection procedure, as of December 31, 2020. The analyzed period covered the years 2011–2020. It was found that in the longer term, the development of electromobility in the EU, measured by the number of electric cars, is closely related to the economic situation in this area. The crisis caused by the COVID-19 pandemic has influenced the economic situation in all EU countries, but has not slowed down the pace of introducing electromobility, and may have even accelerated it. In all EU countries, in the first year of the COVID-19 pandemic, the dynamics of introducing electric cars into use increased. The growth rate in the entire EU in 2020 was 86%, while in 2019 it was 48%. The reason was a change in social behavior related to mobility under conditions of risk of infection. COVID-19 has become a positive catalyst for change. The prospects for the development of this type of transport are very good because activities related to the development of the electromobility sector perfectly match the needs related to the reduction of pollution to the environment.
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Kolosok, Svitlana, et Ihor Vakulenko. « STRATEGIC EUROPEAN COOPERATION IN RENEWABLE ENERGY PROJECTS : A SURVEY ». Vìsnik Sumsʹkogo deržavnogo unìversitetu 2022, no 4 (2022) : 283–88. http://dx.doi.org/10.21272/1817-9215.2022.4-30.
Texte intégralRésumé :
Because of the difficult situation in the world energy market, in particular, in Europe, and the need to respond to global challenges in terms of increasing the energy security of individual countries and their associations by reducing dependence on the import of fossil fuels (natural gas, oil and petroleum products, stone coal, etc.) and the development of renewable energy to level the difference in the natural resource potential of traditional energy resources, it is necessary to develop the energy system based on the principles of energy self-sufficiency and high energy transitivity to quickly respond to fluctuations in demand and balance the energy network. The article examines existing cooperation mechanisms in the energy sector of the European Union, both between EU member states and between EU representatives and third countries. The specified procedure for concluding international agreements ensures compliance with the legislation of the European Union and verification of agreements between countries for compliance with the goals of energy policy and promotion of the achievement of indicators, particularly in the field of renewable energy development. This approach ensures integrity and consistency in the implementation of both energy and climate policies of the European Union. It contributes to the implementation of pan-European and national strategic plans. In connection with the need for temporary measures for the transformation of the EU energy system and following the most expected scenario of such a transformation, which involves two stages: diversification of the supply of fossil fuels to EU countries to replace Russian energy resources in the short term and intensification of the development of renewable energy to replace fossil fuels with renewable in the medium and long time, a list of countries with which cooperation in the implementation of energy projects will help reduce the dependence of the European Union on the import of energy resources from the Russian Federation in the short term has been determined. The transparency platform for cross-border renewable energy projects (CB RES Transparency Platform) described in the article aims to increase the efficiency of international partners' interaction during the implementation of clean energy projects in the European Union.
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Korneva, P. M. « Conflicting regulation of relations in the field of medical tourism : the experience of the European Union ». Uzhhorod National University Herald. Series : Law, no 65 (25 octobre 2021) : 364–69. http://dx.doi.org/10.24144/2307-3322.2021.65.66.
Texte intégralRésumé :
The article is devoted to the study of the peculiarities of the conflict regulation of relations in the field of medical tourism in the European Union. The author analyzes the concept of «medical tourism» and other terms used to denote the phenomenon of travel of persons to foreign countries to receive medical services («cross-border healthcare», «medical tourism», «medical travel»). The article analyzes the regulation of the EU-member states and supra-national regulation of private law aspects in the field of medical tourism. In particular, the peculiarities of receiving medical care by citizens of the European Union, which are regulated with the Directive of the Euro-pean Council and the Parliament 2011/24 / EU on the application of patients’ rights in cross-border healthcare. The author concludes that the conflict regulation of medical tourism in the European Union is based on the general conflict rules on the conclusion and implementation of contracts in the field of services and insurance, as well as compensation for damage caused by improper performance of contracts or civil offenses (torts), resolving conflicts of jurisdiction, etc. Special conflict regulation of relations in the field of medical tourism in the European Union is not developed. At the same time, the author emphasizes the significant gaps in the conflict regulation of certain issues related to medical tourism, especially such debatable as cross-border surrogacy, organ transplantation, eutha-nasia and others. The author supports the view that for the countries of the European Union today in the context of medical tourism for the purpose of surrogacy in countries where such a procedure is legal, relevant today are issues of conflict regulation, such as determining the nationality of the child; recognition of paternity (origin of the child); recognition of birth certificates of a surrogate mother issued in other countries.
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Kuzmin, V. N. « Experience in supporting viticulture in the European Union ». Horticulture and viticulture, no 1 (20 avril 2020) : 49–57. http://dx.doi.org/10.31676/0235-2591-2020-1-49-57.
Texte intégralRésumé :
In connection with the creation of the subprogram for the development of viticulture in the framework of the Federal scientific and technical program for the development of agriculture for 2017-2025 the analysis of foreign experience in supporting this sub-sector is relevant. The countries of the European Union (EU) are collectively the main producers, consumers and exporters of grape wine in the world. The goal of the EU viticulture support system is to bring the wine-growing and wine-making sector to structural change that are protected from a permanent market crisis. Each EU member-state has a budget set by the EU and can choose from the eight areas of support provided (promotion of wine products within the EU and in third-country markets – up to 50 % of regulated expenses; restructuring and rearrangement of wine yards – up to 50-75%; investment in tangible or intangible fixed assets, processing plants, wine infrastructure, marketing structures and tools for the production or sale of wine products – up to 40-75 %; innovation – supports material or non-material investments aimed at developing new products, procedures and technologies that improve the marketing and competitiveness of EU wine products – up to 50-75 % of regulated costs; distillation of by-products of wine in order to eliminate them and thus improve the quality of wines; “green” harvest-destruction of part or complete destruction of unripe grapes in a certain area-up to 50 % of the direct costs of destruction plus loss of income associated with destruction or disposal; mutual funds – for farmers who want to insure against market fluctuations; crop insurance), which must be applied within the framework of national programs to support agricultural industries for a period of five years. Goals, planned results, the range of organizations that can receive this support, the application procedure, eligibility criteria, subsidized and non-subsidized expenses, standard (normative) unit costs, the procedure for selecting applications, priority criteria and appropriate weighting, the timing of payment of subsidies, and advances are defined for each support area.
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POPEL, Sergii, et Oksana YAKOVENKO. « ANALYSIS OF SECURITY RISKS BASED ON THE INFORMATION PROVIDED IN THE GENERAL DECLARATION OF ARRIVAL IN THE EUROPEAN UNION ». Herald of Khmelnytskyi National University. Economic sciences 312, no 6(1) (29 décembre 2022) : 146–51. http://dx.doi.org/10.31891/2307-5740-2022-312-6(1)-20.
Texte intégralRésumé :
The purpose of the article is to study the experience of European countries regarding the peculiarities of security risk analysis based on the information provided in the general declaration of arrival and to develop proposals for bringing domestic customs legislation closer to the legislation of the European Union. The article analyzes the features of security risk analysis based on the information provided in the general declaration of arrival in the European Union. The regulatory and legal bases for the use of the general declaration of arrival in European countries have been determined. The parties responsible for submitting preliminary data to the customs authorities, the deadlines for submitting the general declaration of arrival and the amount of data that must be submitted to the customs authority, depending on the type of transport on which the goods will be imported into the customs territory of the EU, were found. It was found that the data are specified in the general declaration arrival, the so-called “security notices”, which are submitted to border customs before the import of goods into the customs territory of the European Union, enable customs authorities to carry out a risk analysis, primarily with the aim of determining the degree of security and the appropriate way of conducting customs control. Studied the procedure for assessing security risks based on the information submitted in the general declaration of arrival in the European Union and was differences with a similar procedure in Ukraine were found. Analyzed the actions of the customs authorities regarding the analysis of security risks based on the information submitted in the general declaration of arrival, actions in the event of changes to the previous notification, cases in which: submission of additional information may be required, a ban on the loading of goods
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Chiti, Mario P., Marco Macchia et Andrea Magliari. « The Principle of Proportionality and the European Central Bank ». European Public Law 26, Issue 3 (1 décembre 2020) : 643–78. http://dx.doi.org/10.54648/euro2020059.
Texte intégralRésumé :
The principle of proportionality is a general principle of EU law which applies to the European Central Bank (ECB) in the fields both of monetary policy and banking supervision. In recent years, the issue of the proportionality of the ECB’s action has been at the centre of extensive debate in European legal doctrine and jurisprudence. This article aims to contribute to this debate by providing a comprehensive analysis of the meaning and implications of the principle of proportionality in the field of banking supervision and monetary policy. The article is divided into four parts. Parts I gives a general overview of the origin of the principle and its subsequent developments in light of the case-law of the European Court of Justice. It also reflects on the different meanings of proportionality as a flexible and multi-faceted principle. Part II investigates the principle of proportionality according to an ex ante perspective, i.e. as a principle capable of governing and orienting legislative and administrative action. Under this perspective, the article analyses the way proportionality impacts banking regulation, banking supervision and monetary policy. Part III deals with the ex post perspective, i.e. the way proportionality is assessed and scrutinized by EU courts. Part IV concludes. Part III and IV will be published in the next issue. National courts, Court of Justice of the European Union, Preliminary reference procedure, national procedural autonomy, Appeals, Appellate courts
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Kupryashina, Elena A., Snezhana S. Khalimonenko, Aleksander A. Nasonov, Ekaterina A. Novikova et Sergey F. Shumilin. « Extradition under the Legislation of the Russian Federation and Member States of the European Union ». Cuestiones Políticas 37, no 65 (août 2020) : 93–102. http://dx.doi.org/10.46398/cuestpol.3865.07.
Texte intégralRésumé :
The document analyzes the legislation of the Russian Federation and the member states of the European Union on extradition from the point of view of its compliance with the current European Convention on Extradition. It also makes proposals to improve the rules of the Criminal Procedure Code of the Russian Federation that regulates the extradition procedure. Methodologically, the work uses scientific methods of analysis and synthesis, as well as the historical, comparative method, all in an integrated approach. Among the conclusions, the fact that for the previous legal provisions to work, its consolidation only in the Code of Criminal Procedure of the Russian Federation is insufficient. The first step to put them into practice could be to discuss the issue of making the necessary amendments to the Convention on Legal Assistance and Legal Relations in Civil Matters, as well as in the Family and Criminal Affairs regulations of January 22, 1993, of which the countries of the European Convention on Extradition are parties.
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Butler, Graham. « Lower Instance National Courts and Tribunals in Member States and Their Judicial Dialogue with the Court of Justice of the European Union ». Nordic Journal of European Law 4, no 2 (30 décembre 2021) : 19–36. http://dx.doi.org/10.36969/njel.v4i2.23779.
Texte intégralRésumé :
The vast majority of cases that are submitted to the Court of Justice of the European Union (the Court) through the preliminary reference procedure that is contained in Article 267 TFEU come from lower instance national courts and tribunals in EU Member States. As a result, it is not always appellate courts, or higher instance national courts and tribunals, such as courts of final appeal, which make orders for reference. Judicial dialogue between national courts and the Court through this Article 267 TFEU procedure is notable for its particular quality of it being open to receiving orders for reference, for an interpretation of EU law from national courts and tribunals – of any instance – from first instance, to final instance. But can this judicial dialogue between lower instance national courts and tribunals and the Court be impeded by national courts’ more senior national Brethren, with appeals being allowed against orders for reference within national legal orders? The case law of the Court on such an issue has been progressive, in that it developed slowly over time, and the Court, by 2021, becoming increasingly assertive. As will be analysed in this article, the Court’s approach to the arising issue has clearly been an attempt to balance the interests of judicial dialogue on the one hand, and national rules on the other. Yet, with the Court’s broader case law tightening the understanding of who constitutes the European judiciary, and ensuring that all national courts and tribunals remain independent from executive interference in EU Member States, the article commends recent developments, but makes the further plea for an affirmative judgment of the Court to not permit, as a matter of EU law, appeals against orders for reference made by lower instance national courts and tribunals in EU Member States, in the name of preserving judicial dialogue through the preliminary reference procedure.
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Gil, Carlos, Pedro Pascual et Manuel Rapún. « Regional Allocation of Structural Funds in the European Union ». Environment and Planning C : Government and Policy 20, no 5 (octobre 2002) : 655–77. http://dx.doi.org/10.1068/c21m.
Texte intégralRésumé :
Economic disparities among the regions of the European Union are more pronounced than among countries. Structural Funds have played a crucial compensatory role, promoting the economic development and real convergence of lagging regions. The amount of resources destined to regional policy and the conflicts arising from its funding and distribution create the need for an adequate theoretical foundation or model to help politicians solve the distribution problem. In this paper we propose an empirical procedure to carry out and evaluate different distributions of funds for the periods 1989 – 93 and 1994 – 99. We begin with the estimation of an augmented production function to permit the calculation of the expected GDP per capita. We then propose a nonlinear programming method to simulate alternative distributions of Structural Funds among Objective 1 regions, based upon two different approaches: equal development, and equal opportunities. For these two approaches we calculate different possibilities, ranging from highly efficient to highly equitable, with the result that we are able to show the ‘frontier’ of optimal distributions. Finally, we evaluate these results and compare them with the real distribution.
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Kozłowska, Justyna, Marco Antônio Benvenga et Irenilza de Alencar Nääs. « Investment Risk and Energy Security Assessment of European Union Countries Using Multicriteria Analysis ». Energies 16, no 1 (28 décembre 2022) : 330. http://dx.doi.org/10.3390/en16010330.
Texte intégralRésumé :
Investment opportunities are analyzed from the perspective of the variables that influence risk. The present study analyzes some energy characteristics using data from the Eurostat Data Browser. First, we identified a gap in energy research. Second, we proposed a multicriteria analysis using the analytic hierarchy process (AHP). An algorithm was developed to simulate how experts think to determine pairwise comparisons. A procedure identified the levels of importance of each criterion and alternative based on extracted data from the Eurostat website. The method was used to rate countries according to data regarding their energy policy results. The present study shows that applying the AHP method is possible without expert support and using data regarding the theme studied. The results show that Malta and Estonia are the most suitable countries to receive investments since they are presently at the top of the energy security ranking. The selected set of criteria seems to properly correspond with the assessment of the sector security as far as risk investment is concerned. The results of the current study may represent a base to support investment decision-making in the energy sector of EU countries.
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Kaveshnikov, N., et A. Domanov. « Factors Behind Legislative Duration in the European Union ». International Trends / Mezhdunarodnye protsessy 20, no 1 (2022) : 80–108. http://dx.doi.org/10.17994/it.2022.20.1.68.3.
Texte intégralRésumé :
This article investigates the impact of various institutional factors on the duration of legislative process negotiations in the European Union. The empirical data consists of EU secondary law directives adopted in 1990-2019 (1124 directives). We use the methodology of survival analysis (Cox model). We detected that after 2004 the rules of voting in the Council (unanimity or qualified majority) do not affect the duration of the legislative process; this conclusion changes the traditional vision of the functioning of the Council. We prove that of all the EU enlargements, only that of 1995 has influenced the legislative process and slowed it down. Other EU enlargements, including one in 2004 when 10 CEE countries joined the EU, did not show a significant impact. We demonstrate that of all basic treaty reforms that have taken place since 1990 only the Amsterdam Treaty has accelerated the decision-making process. In addition, we conclude that the Interinstitutional Agreement of 2007 between the Council and the European Parliament had a stronger impact on the legislative process than most treaty reforms. It favoured the acceleration of decision-making by consolidating cooperative practices between EU institutions based on trilogues. Besides, the study confirms some previous conclusions tested on the new dataset: more active involvement of the European Parliament in the legislative process (ordinary legislative procedure), the novelty and complexity of the act slow down the decision-making process.
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Krausenboeck, Maria. « DER RENEUAL MODEL DRAFT FOR AN ADMINISTRATIVE PROCEDURE LAW – BACKGROUNDS AND CURRENT SITUATION ». Administrative law and process, no 3(26) (2019) : 72–76. http://dx.doi.org/10.17721/2227-796x.2019.3.04.
Texte intégralRésumé :
The paper focuses on administrative law reform within the European Union and raises this problem in the Central Asia countries: as EU advances with its codification and structuring on the existing principles and institutions, the countries of Central Asia start from scratch. A group of academics within the Research Network on European Administrative Law (ReNEUAL), starting with comparative law method, tries to use national administrative procedural laws, case law and principles of the administrative procedure of the European and national courts, as well as the relevant soft law, especially the “Ombudsprudence” aims, taking into account new communication technologies, at developing a relevant draft law. In its independent work between 2009 to 2014 the ReNEUAL network specified the constitutional principles for administrative procedures, naming proposed draft “self-administration law”. It deals with institutions, bodies, offices and agencies of the European Union in their relations with the public as well as various cross-cutting issues: rules on the consequences of procedural errors, use of undefined legal terms, optimization of the rules for complex processes. European Parliament’s legal committee made some reference to the ReNEUAL draft and also sought advice from members of the network. Later draft from Parliament, seen as less ambitious, stays within the basis of the currently applicable EU treaties, whereby the ReNEUAL draft would sometimes require changes to the treaty. The proposed ReNEUAL builds transparent basis for exercising human and citizen rights, helps ensure transparency and consistency of the EU administrative institutions. It could also serve as a catalyst for the reform of national administrative procedural laws. The European Commission not convinced that EU administrative law could be summarized in a single legal document, asked for a cost-benefit analysis and impact assessment and publicly consulted on the codification of EU administrative procedure from 15.12.2017 to 09.03.2018, publishing results in July 2018.
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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.
Texte intégralRésumé :
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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Adijāne, Iveta. « ASYLUM PROCEDURE IN LATVIA - A PART OF COMMON EUROPEAN ASYLUM SYSTEM ». BORDER SECURITY AND MANAGEMENT 2, no 7 (5 juillet 2018) : 7. http://dx.doi.org/10.17770/bsm.v2i7.3494.
Texte intégralRésumé :
The Common European Asylum System (CEAS) conditions apply to Latvia. Development of the Common European Asylum System impacts Latvian legislation and has an effect on the work of judicial institutions. Any European Union scale change affects Latvia. Common European Asylum System conditions in Latvia are being met by direct implementation of the EU instructions. Well-considered position and evaluation of CEAS conditions according to Latvian interests is necessary. Goal of this article is to review demands of the Common European Asylum System towards the member states as well as concordance of the Latvian asylum procedure with conditions of the Common European Asylum System. Objectives of this research is to examine development of legislation in the EU and Latvia, to analyse and compare current legislation of the asylum procedure in the EU member states as well as to analyse impact of CEAS towards the asylum procedure in Latvia. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in the EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of the asylum procedure and determine interconnections in the asylum procedure time frame between legislation and practical instances in EU countries.
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Rakovský, Peter. « Final Regime of the Value Added Tax in the European Union and the Slovak Republic ». Financial Law Review, no 23 (3) (2021) : 29–46. http://dx.doi.org/10.4467/22996834flr.21.019.14439.
Texte intégralRésumé :
In this article we introduce and analyse the main legal actions regarding the value added tax final regime legislation and we try to detect the most important measures to fight against tax frauds. The article tries to identify the individual actions that have already entered into force within the European Union countries (the Slovak Republic including) and actions which are in legislative procedure at this moment.
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Sari, Manja Indah. « LEGAL ASPECT OF ONLINE ARBITRATION IN EUROPEAN UNION AND CHINA ». Law Review 19, no 2 (29 novembre 2019) : 222. http://dx.doi.org/10.19166/lr.v0i2.1882.
Texte intégralRésumé :
<p>Indonesia is highly regarded as a country with the biggest e-commerce market in South-East Asia. This creates an urgency for the Indonesian government to offer an efficient and effective dispute resolution mechanism to settle dispute arising from e-commerce transaction. Online arbitration as an arbitration conducted online through means of internet and technology may provide solution to the disputes arising from e-commerce transactions. Thus, this article sets out the legal aspect of online arbitration in European Union and China as countries with the most developed online arbitration and largest market of e-commerce. The author will use normative research through comparative, statue approach and will be based on the regulations from primary and secondary resources.</p><p> This article compares six aspects of online arbitration in European Union and China, covering the arbiter, role of government, scope, procedure, enforcement, and factors affecting enforcement. The comparison may give further recommendation on the prospective of online arbitration in Indonesia.</p>
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Cheba, Katarzyna, et Iwona Bąk. « Sustainable development and its relationships with other directions of the development of European Union countries ». Prace Naukowe Uniwersytetu Ekonomicznego we Wrocławiu 64, no 9 (2020) : 29–44. http://dx.doi.org/10.15611/pn.2020.9.03.
Texte intégralRésumé :
The main purpose of the paper is to present proposals for the study of relationships between the dimensions of sustainable development and other areas of the EU countries’ development: innovation and competitiveness both from theoretical and practical perspective. The first part presents the assumptions adopted by the authors, and the second the 2-stage research procedure. In the first stage, the relative taxonomic measure of development was calculated, while in the next one the correlation coefficients between considered dimensions and areas were calculated. According to the authors, in the studies of relationships between sustainable development and other considered areas, one should take into account all of the particular dimensions and areas creating the research phenomena.
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Cheba, Katarzyna, et Iwona Bąk. « Sustainable development and its relationships with other directions of the development of European Union countries ». Prace Naukowe Uniwersytetu Ekonomicznego we Wrocławiu 64, no 9 (2020) : 29–44. http://dx.doi.org/10.15611/pn.2020.9.03.
Texte intégralRésumé :
The main purpose of the paper is to present proposals for the study of relationships between the dimensions of sustainable development and other areas of the EU countries’ development: innovation and competitiveness both from theoretical and practical perspective. The first part presents the assumptions adopted by the authors, and the second the 2-stage research procedure. In the first stage, the relative taxonomic measure of development was calculated, while in the next one the correlation coefficients between considered dimensions and areas were calculated. According to the authors, in the studies of relationships between sustainable development and other considered areas, one should take into account all of the particular dimensions and areas creating the research phenomena.
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Kolodko, G. W., et M. Postula. « Determinants and implications of the Eurozone enlargement ». Voprosy Ekonomiki, no 7 (28 juillet 2018) : 45–64. http://dx.doi.org/10.32609/0042-8736-2018-7-45-64.
Texte intégralRésumé :
Aside from the United Kingdom, which is withdrawing from the European Union, only Denmark has the option of staying outside the single European currency area. All other member states which have not adopted euro as their currency have the right and obligations to do so under the Treaty of Accession. The condition to join the Eurozone is to meet all five nominal Maastricht convergence criteria and to ensure compliance of national legislation with acquis communautaire, or the EU legal order. What poses special difficulties to candidate countries is the fiscal criterion relating to the maximum allowed budget deficit. If it’s not met, the European Commission launches the Excessive Deficit Procedure, EDP. Currently, this procedure is in place for France, Spain and the United Kingdom. In 2015, EDP for Poland was lifted, but there is no certainty it won’t be imposed again at the end of the decade due to the risk of exceeding once more the threshold of public sector deficit, which stands at 3 percent GDP. It is to be expected that in the 2020s the European Monetary Union will be joined by all the countries that are still using their national currencies, including Denmark, and that the EU will be extended to include new member states, enlarging the euro area, too. Although the issue is not absolutely certain, it needs to be assumed that euro will overcome the present difficulties and come out stronger, though the economically unjustified euroskepticism of some countries, especially Poland, is not helping.
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Korečko, Jaroslav, Alžbeta Suhányiová et Ladislav Suhányi. « Development of Income Taxes in Slovakia and the European Union in the Light of Recent Economic Changes in Europe ». Theory, Methodology, Practice 17, no 2 (2021) : 67–86. http://dx.doi.org/10.18096/tmp.2021.03.06.
Texte intégralRésumé :
Political, economic, and social developments in the world have undergone relatively turbulent changes over the last two decades. The European Union has not avoided them either. Naturally, any such change directly or indirectly affects the national economies of individual countries. Governments adapt to the new conditions through measures in the areas of employment, production, taxes, levies, and the like. This paper aims to examine the development of income taxes in Slovakia and other countries of the EU. Personal income tax and corporate income tax are the most significant direct taxes in all Member States in terms of collection volume. Their development varies from one region of Europe to another. Therefore, the idea of greater tax harmonization in the Union regularly runs into the arguments of countries in favor of maintaining tax competition. The paper seeks the similarity of individual tax systems and suggests a possible procedure in their further convergence.
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Carlsen, Lars, et Rainer Bruggemann. « Inequalities in the European Union—A Partial Order Analysis of the Main Indicators ». Sustainability 13, no 11 (2 juin 2021) : 6278. http://dx.doi.org/10.3390/su13116278.
Texte intégralRésumé :
The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.
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Nagy, Oana Voica. « Aspects Regarding the Separation of Spouses ». Land Forces Academy Review 27, no 1 (1 mars 2022) : 33–38. http://dx.doi.org/10.2478/raft-2022-0005.
Texte intégralRésumé :
Abstract The present study proposes an analysis of the common dispositions of the European Union, applicable to marriage dissolution by divorce but also to the legal separation. Also, we will realize a comparison between divorce and legal separation, due to the fact that, the last one is not regulated in all the countries that are part of the European Union. Consequently, we would like to identify the advantages and disadvantages of this legal procedure that is used by the spouses to separate, but which has as main effect maintaining the relations born when the marriage was concluded. We approached this subject, on the one hand, because the relations between spouses have degraded on the background of the movement restrictions both at national and global level. On the other hand, we turned our attention towards this domain, due the fact that not all states which apply the regulations of the European Union on this matter recognize both separation methods.
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Lacko, Roman, et Zuzana Hajduová. « Determinants of Environmental Efficiency of the EU Countries Using Two-Step DEA Approach ». Sustainability 10, no 10 (30 septembre 2018) : 3525. http://dx.doi.org/10.3390/su10103525.
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The article discusses the environmental efficiency of the countries of the European Union and its main objective is to verify models that could be used to explain changes in efficiency in selected countries and to add to the contributions of other authors. Two-step Data Envelopment Analysis (DEA) has been used, which is a suitable method for verifying the statistical significance of environmental variables. Two DEA models—CCR and BCC—were used and efficiencies have undergone a double-bootstrap procedure. As input variables, three emission per capita indices were computed to single output GDP per capita. Three truncated regression models have been proposed. Results have shown that the model with drivers of climate change and variables connected to socio-economic factors is the most relevant and significant. There are common variables, whose improvement increases the efficiencies in all European Union countries, but there are also indices which have to be considered in individual/subgroup policies and implications, such as environmental taxes, waste management, resources productivity, and transport of goods management.
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MIERZEJEWSKI, MATEUSZ. « MACROECONOMIC STABILITY OD POLAND AGAINST THE BACKGROUND OF THE EUROPEAN UNION COUNTRIES IN 2007 – 2017 ». sj-economics scientific journal 28, no 1 (30 mars 2018) : 243–58. http://dx.doi.org/10.58246/sjeconomics.v28i1.153.
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The article presents the analysis of macroeconomic stability of Poland using the Pentagon of macroeconomic stabilization and the Macroeconomic Imbalance Procedure (MIP) indicators. The results of the analysis showed that in 2007-2014 Poland maintained the status of a macroeconomic stable economy, however, the changes resulting from the impact of the global financial crisis of the beginning of the 21st century were noted as well as the weakening of some values related to the stability of the country in later periods. It is worth remembering that when analyzing all kinds of macroeconomic indicators, one should not approach them with too much optimism. This is due to many factors - including from the delays of the captured variables in the analysis tools used. For some economic phenomena may occur in a rapid manner even in the most stable economy, which means that macroeconomic stability may be difficult to precisely determine.
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Pérez-Franco, Ismael, Agustín García-García et Juan J. Maldonado-Briegas. « Energy Transition Towards a Greener and More Competitive Economy : The Iberian Case ». Sustainability 12, no 8 (20 avril 2020) : 3343. http://dx.doi.org/10.3390/su12083343.
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In this paper, we analyze the effects of the energy transition process on economic growth in Spain and Portugal, countries that, adhering to European Union (EU) directives, opted to promote clean energies from the very start. On the one hand, we look at the energy transition laws introduced by the EU and other countries. On the other, we conduct a causal analysis of energy consumption and economic growth to confirm whether the change of energy model has generated positive effects on economic growth. The procedure was as follows. First, we conducted an aggregate causality analysis exploring the relationship between growth and energy consumption. As the results were not significant, we repeated the analysis with different disaggregations of renewable energy sources. With respect to solar thermal energy and economic growth, the main conclusion is that the data appear to show a one-way causal relationship for Portugal and EU-26 (European Union without Portugal and Spain) and a two-way relationship for Spain.
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Sichel, Débora Lacs, et Joyce Natividade Da Costa. « Franchise agreement strategy : contribution to R&D in Brazil and Poland / A estratégia o contrato de franquia : contribuição para P&D no Brasil e Polônia ». Revista Online de Pesquisa : propriedade intelectual 1, no 1 (18 septembre 2018) : 35. http://dx.doi.org/10.9789/.2018.v1i1.35-46.
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The economic development is a consequence of the innovation procedure. This paper is about the innovationprocedure in Brazil and in Poland. Both nations were re-democratized in the end of the 20th Century. Thesimilarities of both countries do not reflect the development of IP (Innovation Procedure) since Brazil has gotdifficulties as a consequence of its economic crisis. This crisis didn’t allow the establishment of R&D centers.The paper also analyses the Polish integration in the European Union and how it has enabled the establishmentof R&D centers through franchising.
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Sichel, Débora Lacs, et Joyce Natividade Da Costa. « Franchise agreement strategy : contribution to R&D in Brazil and Poland / A estratégia o contrato de franquia : contribuição para P&D no Brasil e Polônia ». Revista Online de Pesquisa : propriedade intelectual 1, no 1 (18 septembre 2018) : 35. http://dx.doi.org/10.9789/2595-9859.2018.v1i1.35-46.
Texte intégralRésumé :
The economic development is a consequence of the innovation procedure. This paper is about the innovationprocedure in Brazil and in Poland. Both nations were re-democratized in the end of the 20th Century. Thesimilarities of both countries do not reflect the development of IP (Innovation Procedure) since Brazil has gotdifficulties as a consequence of its economic crisis. This crisis didn’t allow the establishment of R&D centers.The paper also analyses the Polish integration in the European Union and how it has enabled the establishmentof R&D centers through franchising.
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Slepak, V. Yu, et M. E. Romanova. « Legal Aspects of Export Control over the Movement of Arms and Military and Dual-Use Products in the European Union : Current State and Problematic Issues ». Actual Problems of Russian Law 16, no 7 (30 juillet 2021) : 168–78. http://dx.doi.org/10.17803/1994-1471.2021.128.7.168-178.
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The paper explores the issues of export control, their regulation in the law of the European Union; considerable attention is given to differences in the status of military and dual-use goods. Approaches to the harmonization of export of weapons regulation, as well as to the unification of legal provisions on the export of dual-use goods are considered. An analysis of acts of primary and secondary law governing both the movement of military and dual-use goods within the European Union and their export to third countries is carried out. The authors conclude that the European legislator uses similar mechanisms, which allows us to speak about the formation of a unified model of legal regulation in the areas under consideration. Particular attention is given to the procedure for obtaining licenses and permits within the framework of export control to the EU. The paper scrutinizes the characteristic features of customs declaration for military and dual-use goods export, and specifically analyses the procedure and grounds for the suspension of the release of such goods. The paper also discusses the features of checking permits and licenses when exporting military and dual-use goods.