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1
Nykytchenko, N. « The legal status of a lawyer in the countries of the European Union ». Fundamental and applied researches in practice of leading scientific schools 28, no 4 (1 septembre 2018) : 103–7. http://dx.doi.org/10.33531/farplss.2018.4.19.
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This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.
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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.
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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.
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Mendzhul, M. V., et N. O. Davydova. « The mechanism of civil law regulation of property relations of partners in de facto unions ». Uzhhorod National University Herald. Series : Law, no 65 (25 octobre 2021) : 124–27. http://dx.doi.org/10.24144/2307-3322.2021.65.22.
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The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions there is a special legal mechanism (Sweden, Hungary, Slovenia, Croatia, Catalonia, Portugal, Scotland, Ireland and Finland).The provisions of the Lithuanian Civil Code on the regulation of de facto marital relations, as well as the legislation of Croatia, Sweden, Norway and other countries are analyzed. It was found that in Scotland, civil partnerships were allowed for same-sex couples back in 2005, and for people of the opposite sex only from June 30, 2021.It is substantiated that in the context of Europeanization of private law, the position on the need to amend the Family Code of Ukraine and introduce the term «de facto union» recommended by the Commission on European Family Law in the Principles of European Family Law on property rights, maintenance and succession of couples in de facto unions.It is proved that in the process of Europeanization of private law the institution of de facto union should be regulated by the norms of the Family Code of Ukraine, which, taking into account the recommendations of the Commission on European Family Law should be improved as follows: contract on selling a dwelling in which partners live, as well as household items, is made with the consent of both partners; to guarantee partners the right to file a claim to the court for consent to dispose of the property without the consent of the other partner; to guarantee the principle of freedom of contract between partners in de facto unions; establish the right to compensation for a significant contribution to the property (or business) or profession of another partner; guarantee the right of the partner to inherit equally with the spouses, etc.
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Al-Jaberi, Prof Dr Sattar Jabbar. « Iraq and the European Union towards a Strategic Partnership ». ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 220, no 2 (8 novembre 2018) : 95–122. http://dx.doi.org/10.36473/ujhss.v220i2.487.
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The Iraq's relations with the European Union countries of the oldest and surest Iraq's foreign relations, in spite of the damage to those relationships during certain time periods, and sometimes degradation several considerations, they quickly return to normal, the importance of Iraq's strategy for European countries on the one hand, and interest in Iraq, the European its relations On the other hand .
The EU played an important role in Iraq in the era after 2003, through important political relations with the Iraqi government, and try to achieve a real partnership in the political, economic and cultural fields, and interested in EU areas of human rights, and civil society organizations, and strengthen the Iraqi security capacity and we will try in this Find the study of the positions of the European Union countries of Iraq, and then try the European Union and Iraq to establish a strategic partnership between them.
5
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.
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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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Ploszka, Adam. « Shrinking Space for Civil Society : A Case Study of Poland ». European Public Law 26, Issue 4 (1 décembre 2020) : 941–60. http://dx.doi.org/10.54648/euro2020072.
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This article discusses the phenomenon of shrinking space for civil society organizations in Poland, a Member States of the European Union and Council of Europe. It describes the tools used by Polish public authorities to restrict the operational capacity of civil society and compares these tools with the applicable constitutional and human rights standards. The article’s summary presents recommendations concerning the methods of addressing this phenomenon in Poland, which are capable of being applied in a broader context of other countries of Central and Eastern Europe. human rights, ECHR, shrinking space, civil society
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Strohmeier, Dagmar, Martyn Barrett, Carmen Bora, Simona C. S. Caravita, Elisa Donghi, Edmond Dragoti, Chris Fife-Schaw et al. « Young People’s Engagement With the European Union ». Zeitschrift für Psychologie 225, no 4 (décembre 2017) : 313–23. http://dx.doi.org/10.1027/2151-2604/a000314.
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Abstract. This study investigated whether demographic variables, efficacy beliefs, visions, and worries are associated with four different forms of (dis)engagement with the European Union (EU): intended voting in the 2019 EU elections, nonconventional political engagement, psychological engagement, and the wish that one’s own country should leave the EU. The sample comprised 3,764 young people aged 16–25 years living in seven European countries: Albania, Austria, Germany, Italy, Romania, Spain, and the UK. Economic challenges, human rights, and the environment were the most important future visions; unemployment and poverty, climate change, civil unrests, and collapse of the EU were the most important future worries. The four forms of (dis)engagement with the EU were differentially associated with predictors, although internal efficacy and future vision of economic challenges predicted all forms. Implications for future EU policy are discussed.
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Jastisia, Mentari. « PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH ». Yustitia 7, no 2 (15 octobre 2021) : 148–58. http://dx.doi.org/10.31943/yustitia.v7i2.142.
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Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe
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Roberts, Simon, et Maija Sakslin. « Some are more equal than others : the impact of discrimination in social security on the right of same-sex partners to free movement in the European Union ». Benefits : A Journal of Poverty and Social Justice 17, no 3 (octobre 2009) : 249–61. http://dx.doi.org/10.51952/rwkw9327.
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Although non-discrimination and the free movement of persons are fundamental principles of the European Union (EU), discrimination against same-sex partners in many EU member countries presents serious barriers to free movement. In many member countries, lesbian, gay, bisexual and transsexual (LGBT) people experience discrimination in all aspects of their lives, including civil status and social security. The interface of a plethora of civil statuses and benefit entitlement conditions means that same-sex partners exercising their right of free movement under the Treaty of Rome may find their status and entitlements changing as they move between different ‘rights regimes’, to the detriment of their social security coverage. The proposed new EU Directive on equal treatment may not prevent this discrimination although, if the Lisbon Treaty is ratified, the Charter of Fundamental Rights may provide a route and an opportunity to do so.
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Economou, Athina, et Christos Kollias. « Terrorism and Political Self-Placement in European Union Countries ». Peace Economics, Peace Science and Public Policy 21, no 2 (1 avril 2015) : 217–38. http://dx.doi.org/10.1515/peps-2014-0036.
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AbstractStudies have shown that citizens’ risk-perceptions and risk-assessment are affected by large scale terrorist acts. Reported evidence shows that individuals are often willing to trade-off civil liberties for enhanced security particularly as a post-terrorist attack reaction as well as adopting more conservative views. Within this strand of the literature, this paper examines whether terrorism and in particular mass-casualty terrorist attacks affect citizens’ political self-placement on the left-right scale of the political spectrum. To this effect the Eurobarometer surveys for 12 European Union countries are utilized and ordered logit models are employed for the period 1985–2010 with over 230,000 observations used in the estimations. On balance, the findings reported herein seem to be pointing to a shift in respondents’ self-positioning towards the right of the political spectrum.
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Giménez-Gómez, José-Manuel, Yabibal M. Walle et Yitagesu Zewdu Zergawu. « Trends in African Migration to Europe : Drivers Beyond Economic Motivations ». Journal of Conflict Resolution 63, no 8 (15 janvier 2019) : 1797–831. http://dx.doi.org/10.1177/0022002718823907.
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The current migration and refugee crisis in Europe requires an understanding of the different migration drivers beyond the well-known economic determinants. In this article, we view migration from a broader human security perspective and analyze the determinants of regular and asylum seeker migration flows from Africa to Europe for the period 1990 to 2014. Our results show that, in addition to economic determinants, a combination of push and pull factors influences migration decisions of individuals. In particular, rising political persecution, human rights violations, ethnic tensions, political instability, and civil conflicts in African source countries are all significantly associated with increased migration flows into European destination countries. Therefore, our results underscore the need for the European Union and European countries to collaborate with the source countries, not only in terms of supporting economic development in the source countries but also in promoting human security: human rights, democracy, peace, and social stability.
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PETRUKHIN, M. V., et A. N. PETRUKHINA. « INSTITUTE OF THE FINANCIAL OMBUDSMAN IN RUSSIA AND THE EUROPEAN UNION COUNTRIES : THE ARGUMENTS “FOR” AND “AGAINST” ». Herald of Civil Procedure 11, no 1 (20 avril 2021) : 208–24. http://dx.doi.org/10.24031/2226-0781-2021-11-1-208-224.
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The article is devoted to a new method of out-of-court dispute resolution for domestic law – the institution of financial ombudsman. The article explores the history of the institution; based on the analysis of the Federal Law of 4 June 2018 No. 123-ФЗ “On the Commissioner for the Rights of Consumers of Financial Services”, the author identified problems of the functioning of this institution in the Russian Federation (the absence in Russian legislation of the purpose of the financial ombudsman, the introduction of mandatory pre-trial settlement of the dispute by the financial ombudsman, the absence of the financial ombudsman’s right to reduce the amount of the penalty, the absence of the right to recover a fine in case of violation of the rights of a consumer of financial services, etc.), and also suggested ways to solve them. As possible vectors for the development of the institution under study, the researchers propose to expand the concept of a conflict of interest, establishing the same grounds for challenging a financial commissioner, which are established by civil procedural legislation for challenging a judge. And also, provide the financial ombudsman with the right to reduce the penalty charged to the financial organization, and provide the financial ombudsman with the right to collect a fine from the financial organization.
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DZYUBENKO, I. « А. MAKARENKO'S IDEAS ON THE FORMATION OF PUPILS' CITIZENSHIP AND THEIR IMPLEMENTATION IN THE COUNTRIES OF THE EUROPEAN UNION ». ТHE SOURCES OF PEDAGOGICAL SKILLS, no 21 (9 mars 2018) : 66–69. http://dx.doi.org/10.33989/2075-146x.2018.21.206048.
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The development of modern Ukraine as a legal, democratic, socially oriented state and the creation of a civil society is organically linked with the reform of the education system on a humanistic basis, the definition of a new strategy for education as a multicomponent and multi-vector system, which greatly shapes the future development of the Ukrainian state.At the current stage of Ukraine's development, the lack of civic consciousness of school youth, lack of awareness of the foundations of democratic citizenship, the importance and effectiveness of human rights institutions, the rule of law, and the role of youth in these processes are acutely felt. An important role is played by the question of the formation of a citizen, his civic culture, education in the legal, social and political fields. The problem of preserving the national pride and strengthening the patriotic sentiment of the student youth is acute.The purpose of the article is to consider the relevant domestic pedagogical experience and experience of leading democratic countries, in particular the European Union countries, about the effective process of forming the citizenship of a student as a civil society actress, a citizen-patriot of Ukraine, acting on the basis of national and European values.
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Tashian, Roman I., Bohdan P. Karnaukh et Iryna O. Dzera. « Trends in the Development of Property Law : The Civil Law of Ukraine and the Experience of European Union Countries ». Global Journal of Comparative Law 10, no 1-2 (25 juin 2021) : 91–104. http://dx.doi.org/10.1163/2211906x-10010008.
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Abstract The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.
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Margolis, Justin. « When Jumbo Jets Share the Sky : Civil Aviation in the European Union and the United States of America ». European Foreign Affairs Review 19, Issue 1 (1 février 2014) : 83–100. http://dx.doi.org/10.54648/eerr2014005.
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The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
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Hasanaj, Shkelzen. « Europeanization through Migration Policies : Legislative Comparison between Civil Law Systems and Common Law Systems ». Academic Journal of Interdisciplinary Studies 7, no 2 (1 juillet 2018) : 73–95. http://dx.doi.org/10.2478/ajis-2018-0049.
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Abstract Within the European Union there are several states that have implemented laws, often following different paradigms, to cope not only with the increase in migratory flows, but also to foster the integration and participation of the migrants themselves in socio-political and economic life. In recent decades, immigration into Europe has become a matter of primary and strategic importance for the definition of both internal policies and the external relations of the Union. The progressive settlement of substantial national and ethnic groups poses important economic, social and cultural challenges, to which the policies implemented have so far only partially responded. Guiding concepts like integration, assimilation and respect for diversity still struggle to find an adequate realization in the reception policies of the European states. In this regard, a real revolution in this area was the realization of the “common basic principles” of 2004, which made member states become aware of the respect for fundamental rights, non-discrimination and equal opportunities for all (Niessen,. Schibel, 2007), and it later became a mere “Common agenda for Integration”. In this context, we can recall the decision of the Council and of the European Parliament n.1983 / 2006 which proclaimed 2008 as the European Year of Intercultural Dialogue. With this research, we intend to analyze the regulations concerning the migration of European governments and how they have changed over time, paying particular attention to the activation of inclusion strategies in some European Union countries; at the same time, we intend to find a strategy for a possible cooperation in the management of migratory processes. The integration regulations launched in Italy, Germany, France and the United Kingdom will be examined from the 1940s to 2015 and a comparative study will be conducted between the Community policies and the policies of four countries chosen to highlight common features and divergences.
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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.
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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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Klopp, Brett. « Integration and Political Representation in a Multicultural City : The Case of Frankfurt am Main ». German Politics and Society 16, no 4 (1 décembre 1998) : 42–67. http://dx.doi.org/10.3167/104503098782487013.
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Cities have long been the destination of those on the move. Migrationand especially immigration always raise issues of inclusion andexclusion, of rights and obligations, and of the meaning of membershipand citizenship. The particular form and content of thesedebates vary, just as host countries, national and local governments,and immigrant populations vary. Over the past few decades, patternsof immigration have begun to shift away from classical immigrationcountries (the United States, Canada, Australia) toward the democraciesof the European Union. “In this troubled world, WesternEurope has in fact, become a fragile island of prosperity, peace,democracy, culture, science, welfare and civil rights,” according tourban sociologist, Manuel Castells. “However, the selfish reflex oftrying to preserve this heaven by erecting walls against the rest ofthe world may undermine the very fundamentals of European cultureand democratic civilization, since the exclusion of the other isnot separable from the suppression of civil liberties and a mobilizationagainst alien cultures.”
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Paraschiv, Dorel-Mihai, Daniela-Ioana Manea, Emilia Țițan et Mihaela Mihai. « DEVELOPMENT OF AN AGGREGATED SOCIAL INCLUSION INDICATOR. DISPARITIES IN THE EUROPEAN UNION ON INCLUSION/EXCLUSION SOCIAL DETERMINED WITH SOCIAL INCLUSION INDEX ». Technological and Economic Development of Economy 27, no 6 (6 octobre 2021) : 1301–24. http://dx.doi.org/10.3846/tede.2021.15103.
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When we mention social inclusion, most of us think of political participation, social rights, civil liberties, equal access to race, ethnicity and gender, access to social services and the labour market, basically to a broader concept than social development. Social inclusion is a concept that can actually be defined, which means it can probably be measured. On this basis, a continuous effort is being made to measure the social inclusion elements, so the results can be used to build new indicators that help measure the multiple dimensions of social inclusion: The Social Inclusion Index, the Human Opportunity Index. This paper presents the development, based on multivariate data analysis techniques and methods, of an aggregated indicator of social inclusion for the member countries of the European Union which, besides the traditional variables (GDP), also measures the factors related to civil and political rights, women’s rights or perception of the LGBT community.
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Çınar, Evrim. « The Readmission Agreement of Turkey ». BORDER CROSSING 8, no 2SI (11 décembre 2018) : 571–81. http://dx.doi.org/10.33182/bc.v8i2si.655.
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The irregular migration flows in the last decade from countries, where there are social unrest, civil wars and economic turmoil, towards developed western countries are one of the most populated human movements since the WWII. Hence each immigration flow has its own characteristics, the current irregular flows reveal a new migration outcome; the balance between State Security and Migrant Security. Since the migration policies are control based in some destination countries, they take precaution in order to reduce the irregular immigration flows by signing bilateral readmission agreements with 3rd countries. In that respect, Turkey and European Union relations in terms of irregular migration flows play a crucial and critical role due to its condition of transit migration state. The European Union accession process brought Turkey heavy duties. Controlling and preventing irregular migration became an obligation to its membership and to achieve its goals Turkey signed a readmission agreement with European Union. However, as any method of preventing irregular migration flows, Readmission Agreement of Turkey effect the balance between destination country security and irregular migrant security, especially refugees and asylum seekers rights. The main goal of this article is to find an answer to this question: does the Readmission Agreement of Turkey provide a balance between State Security and Migrant Security? This article intends to analyze the adverse security conditions of irregular migrants and state security compulsions.
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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.
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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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Kocowska-Siekierka, Elżbieta. « Prawo do dobrej administracji — w kierunku upraszczania języka urzędowego w Polsce i w Czechach ». Przegląd Prawa i Administracji 107 (4 avril 2017) : 145–63. http://dx.doi.org/10.19195/0137-1134.107.8.
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THE RIGHT TO GOOD ADMINISTRATION — SIMPLIFYING THE OFFICIAL LANGUAGE IN POLAND AND THE CZECH REPUBLICThe paper aims at investigating how European Union countries such as Poland and the Czech Republic deal with the problem of simplification of the official language. In former members of the Eastern European bloc bureaucratic language is one of the causes of the loss of confidence in public administration. Entry to the European Union increased the tendency for language reform in the creation of normative acts, and the way of communication between the civil servants and thecitizens. The paper presents two lines of action — education of civil servants in Poland and the transformation of the legal language in the Czech Republic.
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Barskyy, V. R., et D. Yu Dvornichenko. « HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS : BACKGROUND, SITUATION AND PROSPECTS ». Constitutional State, no 42 (7 juillet 2021) : 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.
Texte intégralRésumé :
The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.
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Noiriel, Gérard. « “Civil Rights” Policy in the United States and the Policy of “Integration” in Europe : Divergent Approaches to a Similar Issue ». Journal of Policy History 6, no 1 (janvier 1994) : 120–39. http://dx.doi.org/10.1017/s0898030600003651.
Texte intégralRésumé :
Comparing European and North American policies with respect to “civil rights” is a difficult exercise for two reasons. First, it is important to emphasize that Europe and the United States are not political entities of a same nature. Granted, the fact that the nations that today comprise Europe are heirs of common history explains in part the similarities in their political behavior and distinguishes them as a group from the “New World.” Yet in the American case, despite the country's federalist structure and the existence of fifty states within the Union, we are dealing with a single nation, endowed with a central government capable of generating policies that are valid throughout the territory. Such is not the case with Europe. As is well known, the European continent is divided into two sharply contrasted spheres. On the one hand, there is the East, thrown into confusion by the devastation of communism and mired in a profound economic crisis. On the other hand, there is the West, comprised of nations that share a level of economic prosperity comparable to that of the United States but which do not form a single political entity. At present, the European Economic Community includes only twelve European states; the remaining countries, such as Switzerland, Sweden, and Austria, have yet to become members. In this essay, the question of “civil rights” will be examined specifically in light of those countries that already belong to the EEC.
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Nurhidayatuloh, Nurhidayatuloh, et Febrian Febrian. « ASEAN and European Human Rights Mechanisms, What Should be Improved ? » PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no 01 (avril 2019) : 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.
Texte intégralRésumé :
The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
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Nurhidayatuloh, Nurhidayatuloh, et Febrian Febrian. « ASEAN and European Human Rights Mechanisms, What Should be Improved ? » PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no 01 (avril 2019) : 151–67. http://dx.doi.org/10.22304/pjih.v6n1.a8.
Texte intégralRésumé :
The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
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Singh, Rajdeep. « Iranian Civil Rights Movement and Independence Movement in Kosovo ? European Union’s Role in the Freedom Movements and State-Building ». English Linguistics Research 8, no 1 (1 mars 2019) : 8. http://dx.doi.org/10.5430/elr.v8n1p8.
Texte intégralRésumé :
Kosovo celebrated its independence in 2008, and many in the Balkans were eager to see finally peace replacing war into the war-torn region. Iranian civil rights movement also shares some interesting features with the Kosovo case. In this paper, we will show how these similarities are being used in Iranian political system. We will investigate the direct correlates between these two cases as well, especially in the case of Diaspora. In the Kosovo case, however, the path to independence has not been as easy and clear as was hoped for in the beginning. Many countries still refuse to recognize Kosovo as an independent state. Among them are even some European Union members. In this study, we explain the reasons behind the lengthy and difficult process of independence. We also investigate role of identity crisis and its direct link to the independence path. In fact, ethnic Albanians were expecting a reunion with their historical homeland in Albania and this mismatch between expectations and reality made it even harder for them to live inside the not yet well-defined new country, Kosovo. On the other hand, language and religious barriers between ethnic Serbs and Albanians in Kosovo keep alive tensions and hostilities in the region. Furthermore, we investigate the way European Union and Kosovo Diaspora play an important role for the future independent country.
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Poturai, Kateryna. « The features of the contractual form of protection of subjective intellectual property rights for a cinematographic work under the laws of Ukraine and the countries of the European Union ». Law Review of Kyiv University of Law, no 4 (30 décembre 2020) : 323–28. http://dx.doi.org/10.36695/2219-5521.4.2020.57.
Texte intégralRésumé :
The article reveals the features of the contractual form of subjective intellectual property rights to a cinematographic work underthe laws of Ukraine and the European Union as the main form of protection of cinematographic works.The author emphasizes that in modern development of copyright relations, civil law has abandoned the legislative consolidationof the concept of copyright agreement, yet only lists and discloses the sense of its types.Thus, at the legislative and theoretical level, the problem of classifying a copyright agreement on the creation of a cinematogra -phic work as an agreement on the alienation of exclusive rights or a license agreement still remains unresolved. At the present stage,the legal regulation of the creation and use of films is further complicated by the fact that many film studios instead of copyright agreementsenter into refit contracts on the creation of films.The author draws attention to the fact that the French legal doctrine does not see any difference between the subject of the contractand the content of the obligation and uses such concepts as synonyms. The French legislator does not give a general concept, whichwould reveal the main features of the copyright agreement. However, the provisions of the French Intellectual Property Code directlyindicate the possibility of assignment of the author’s property rights (succession in a certain part of copyright) on the basis of the cont -ract. In the French literature and in the practice of courts it is unanimously recognized that from the point of view of general civil lawthe assignment of exclusive property copyrights is in principle a civil contract of sale of property, in turn a license is a civil contract ofproperty lease.The author also emphasizes that there is a necessity to regulate the conclusion of copyright agreements with all subjects of a cinematographicwork, which may have intellectual property rights in connection with the creation of such a work.
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Kokhanovska, Olena V., Anastasiia O. Verbytska et Veleonin O. Kokhanovskyi. « Updating the civil legislation of Ukraine in the field of intellectual property in the modern information society ». Linguistics and Culture Review 5, S2 (29 juillet 2021) : 375–86. http://dx.doi.org/10.21744/lingcure.v5ns2.1360.
Texte intégralRésumé :
The purpose of this study was to analyse and investigate the modifications of the development of intellectual property rights in modern realities, followed by the authors' proposals to improve its evolution and adaptability. According to the results of the study, the sphere of intellectual property currently differs not only in the implementation and protection of rights compared to the original approaches laid down by the developers of the current Civil Code and branch-related special legislation, but also in the change in the paradigm of creative activity in information networks. Based on the provisions of several European Union Directives, the authors concluded that legal regulation in the field of intellectual property in Ukraine should be based on the experience of EU countries and conventional legal constructions known to national legal science, and use the principles inherent in this field in the Civil Code of Ukraine, including method of regulation, functions, terminology, etc.
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Ross, Alistair. « Young Europeans : A New Political Generation ? » Societies 8, no 3 (29 août 2018) : 70. http://dx.doi.org/10.3390/soc8030070.
Texte intégralRésumé :
Young people in Europe are often described as apolitical non-participants in the civic culture of their own states and the European Union (EU). Using empirical data based on group discussions (n = 324) in 29 European states (104 locations; 2000 young people aged between 11 and 19), this paper challenges this, and suggests that many young people have distinct political views and are motivated to participate in both political discussions and traditional and non-traditional forms of participation. They are particularly interested in a range of current issues, largely around human rights, migration and (anti-)nationalism, and the article illustrates this with examples from a range of countries. Human rights issues raised concerned their perception of contemporary injustices, which were constructed as European values and formed a significant element in their self-identification as Europeans, and a general unwillingness to be identified with ‘the nation’. This broad pan-European analysis suggests that young people see themselves in many ways as a politically distinct cohort, a generation with different political values than those of their parents and grandparents.
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Zenginkuzucu, Dikran M. « A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey ». Age of Human Rights Journal, no 17 (17 décembre 2021) : 385–410. http://dx.doi.org/10.17561/tahrj.v17.6297.
Texte intégralRésumé :
The Syrian civil war prompted a large number of people to flee their country and seek asylum in other countries, making Turkey a leading host country with around 3.6 million of asylum seekers. Syrian asylum seekers in Turkey are under temporary protection regime. This article examines Turkish temporary protection regime in comparison with international protection standards and human rights law, especially with the UNHCR Guideline and European Union legislation on temporary protection and European Court on Human Rights judgements. In this respect, this article argues that Turkish legislation has met the fundamental requirements of international protection law and standards, however, still needs to be improved in some crucial areas. In this regard, the international protection law and the difference between the status of refugee and temporary protection is explored. Subsequently, declaration of temporary protection in case of a mass-influx, the rights and freedoms covered under temporary protection, non-refoulement principle and termination of temporary protection regime under Turkish Temporary Protection Regulation are discussed and compared with the international standards. Finally, some conclusions and recommendations for the improvement are deduced from this discussion.
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Mendzhul, M. V. « Progress towards equality in the practice of the ECTHR and the partnership agreement in de facto alliances ». Uzhhorod National University Herald. Series : Law 66 (29 novembre 2021) : 171–75. http://dx.doi.org/10.24144/2307-3322.2021.66.45.
Texte intégralRésumé :
The article examines the progress towards equality in the practice of the ECtHR and its significant impact on the partnership agreement in de facto alliances. It has been established that over the last thirty-five years, the approaches of the European Court of Human Rights to the issue of the right of same-sex partners to family life and its formal recognition have undergone significant changes. It was found that the issue of discrimination was the subject of a number of cases concerning various rights of homosexual unions.
It is substantiated that in the aspect of the right to formal recognition of same-sex partnerships by the state, the decision of the European Court of Human Rights in the case “Oliari and others v. Italy ». It was found that despite many years of case law of the European Court of Human Rights and the provisions of Council Regulation № 2016/1104, not all EU countries have provided legal certainty for same-sex couples, even in the form of civil partnerships (namely, Slovakia, Poland, Romania, Bulgaria, Latvia and Lithuania).
The French experience of regulating the procedure for concluding, essential conditions of a partnership agreement, as well as the procedure for its termination is studied.
It is substantiated that taking into account the European integration processes in Ukraine, reforming its private law according to European standards, our state, given the principle of equality and positive obligations under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms should guarantee partners in de facto unions sex legal certainty. In our opinion, it is optimal to amend the Central Committee of Ukraine and grant the right to conclude civil partnership agreements to persons regardless of the article. At the same time, the IC of Ukraine must maintain a heteronomous approach, ie guarantee the right to marry persons of the opposite sex, which fully complies with Art. 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Given that a partnership agreement can be an effective legal regulator of relations between individuals in de facto unions, it is worth borrowing the positive experience of France in improving Ukrainian legislation.
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Belea, Simion. « Human Rights without Borders for Refugees and Asylum Seekers. Social and Jurisdictional Aspects ». Journal for Ethics in Social Studies 5, no 1 (2 septembre 2022) : 21–35. http://dx.doi.org/10.18662/jess/5.1/39.
Texte intégralRésumé :
The refugee crisis generated by internal conflicts and civil wars from various areas consolidated unilateral interventions towards security, rather than developing a collective answer and providing immediate actions based on human rights to support vulnerable groups. A retrospection of the past decade events in the Arabic World, illustrates that during the years 2014 - 2021, the world witnessed the highest wave of refugees migrating from Syria, Yemen, Afghanistan and Iraq to Europe. By analysing this, we can argue that concerns regarding security policies led to a significant increase in the number of difficulties that refugees and asylum seekers encounter in obtaining international protection support. The 24th of February 2022 marks the beginning of the Russian invasion in Ukraine. It similarly marks the day when the twenty seven countries – members of the EU allowed the directive for temporary protection and support to the Ukrainian refugees, for the first time in the European Union history. This current study examines the collective efforts of the Intra – European relocations offering immediate support to those fleeing the war while respecting the fundamental international human rights.
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Perona Mata, Carmen. « El acceso a los cuerpos docentes no universitarios en la Unión Europea ». Revista de Derecho de la UNED (RDUNED), no 22 (9 juillet 2018) : 437. http://dx.doi.org/10.5944/rduned.22.2018.22270.
Texte intégralRésumé :
El presente artículo tiene como objeto analizar algunos de los sistemas de acceso al empleo público de los países de nuestro entorno. En la situación de crisis económica y política que estamos viviendo en el ámbito de la Unión Europea, que sobradamente afecta a España, nos hace reflexionar sobre los retos de los diferentes modelos de acceso a la función pública docente, en relación al derecho fundamental y prestacional de la educación. Lo que nos lleva a entender como principal conclusión la diversificación de los regímenes aplicables a los empleados públicos, y en concreto a los empleados públicos docentes, necesitando una norma y unas políticas de conjunción de la normativa europea en el acceso al empleo público.This article aims to provide an analysis on a variety of systems to access public employment in surrounding countries. The current situation of economic and political crisis lived in the European Union and affecting Spain, brings the reflexion about the inherent challenges the different models of access to public educational employment in relationship with fundamental rights and fringe benefits of the education. This study enlightens that the principal conclusion is the diversification of the regimes applicable to civil servants and in particular, to educational public employees. It also reveals the need of a norm and common policy regarding the European normative for public employment access.
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Elisabeth Koch, Ida. « Twelve Years of Poverty in Denmark – A Human Rights Perspective ». Nordic Journal of International Law 81, no 2 (2012) : 205–25. http://dx.doi.org/10.1163/157181012x638089.
Texte intégralRésumé :
The article concerns the situation of refugees and immigrants from countries outside the European Union /European Economic Area with regard to social cash benefits in Denmark. At present these immigrants are treated different than inhabitants of Danish origin since their social cash benefits are reduced to a considerable extent. The conditions of these immigrants are discussed from an international human rights perspective and the article applies two approaches: a poverty threshold approach and a non-discrimination approach. The author concludes that the reduced social cash benefits are in violation of Denmark’s human rights obligation under socio-economic as well as civil-political treaties. In this way the article confirms that human rights are indivisible, interrelated and interdependent. The circumstances in Denmark during the last 12–14 years with regard to immigrants’ rights to social cash benefits has made it natural and even necessary to consider the situation from a legal as well as a political perspective. Thus it seems that the problems in Denmark for immigrants with regard to social cash benefits will be solved by politicians in Parliament in a foreseeable future whereas the human rights machinery because of its sluggishness has only to a limited extent been able to demonstrate its effectiveness.
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MÁRQUEZ CHAMIZO, ESPERANZA, et AUGUSTO PANSARD ANAYA. « Enforceability of the agreements reached in the European Union. Some reflections ». Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no 10 (1 juillet 2014) : 37–70. http://dx.doi.org/10.24310/rejie.2014.v0i10.7717.
Texte intégralRésumé :
The legal system in Spain is undergoing a process of convergence with our neighboring countries in the European Union. Directive 52/2008 on mediation in civil and commercial matters has been recently transposed by the Law 5/2012, of July 6th. This is the first rule about civil and commercial mediation in the state level and it happens when mediation begin to be considered as an alternative to prosecution or via arbitration, as it involves a system of conflict resolution, that can help to get the right to judicial protection, keeping the Courts as a last resort andturning the citizen into active protagonist of the solution of their own conflict.This paper aims to analyze the questions about the mediation agreement in European Union, their enforceability and binding effects, the procedure to be followed or the effectiveness of the agreements reached therein.The gradual consolidation of mediation between legal operators involves reflection on the model adopted in our system, because this method has meant a great improvement in all Member States legal system. It is necessary to promote the culture of mediation to bring this institution to all sectors of society involved.
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Kirilenko, V. P., et G. V. Alekseev. « Problems of Harmonization of European and Russian Legislation on Defamation ». Lex Russica 1, no 9 (26 septembre 2019) : 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
Texte intégralRésumé :
Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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Fruscione, Alessandro. « Dual Use Items : A Whole New Export Regulation in the European Union ». Global Trade and Customs Journal 17, Issue 3 (1 mars 2022) : 136–40. http://dx.doi.org/10.54648/gtcj2022018.
Texte intégralRésumé :
On 9 September 2021, Regulation (EU) no. 821/2021, of the European Parliament and of the Council, of 20 May 2021, relating to the control of exports, brokering, technical assistance, transit and transfer of dual-use items, i.e., all those products, including software and technologies, which can be used for both civil and military purposes, came into effect. The new Regulation has as its main objective (see in particular ‘Whereas (5)’ in the preamble to the Regulation) that of making the common system for the control of exports of dual-use items even more effective, to ensure compliance with the commitments and responsibilities of the Member States and of the Union, particularly in the fields of non-proliferation, regional peace, security and stability and respect for human rights and international humanitarian law. For these purposes, the definitions of ‘dual-use products’ and ‘exporter’ have been expanded and, moreover, a specific Article (8) is dedicated to the issue of technical assistance, which in the previous Regulation (428/2009) was covered exclusively in certain explanatory notes in the Annexes. The changes in this Regulation also concern the authorizations for the export from the European Union of ‘dual-use’ goods: a whole new ‘large project authorization’ (Article 2 (14) of the Regulation) has been created, which consists of an individual export authorization or a global export authorization granted to one specific exporter for a type or category of dual-use items, which may be valid for exports to one or more specific end-users in one or more specified third countries for the purpose of a specified large-scale project. This permission can relate to intra-group technology transfers and cryptography. Also with regard to the procedures for the export of dual-use items, the European Union decided to make use of the ‘Internal Compliance Programmes’, already present in other legislative sectors of the Union. Dual use export controls, authorizations, civil, military, technologies, compliance, exportation, controls, Regulation
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Kasumović, Merim. « THE EFFECTS OF ANTI-DISCRIMINATION LAWS AND POLICIES ON POLITICAL AND ECONOMIC STABILITY OF EUROPEAN UNION ». Journal Human Research in Rehabilitation 2, no 1 (avril 2012) : 37–43. http://dx.doi.org/10.21554/hrr.041205.
Texte intégralRésumé :
Development of a civil society and social systems for protection of different groups is directly related to well functioning political and economic systems. If the level of economic development or political stability is not continuous the implementation of antidiscrimination laws would most likely be at a very low level. In this case development of social rights along with implementation of antidiscrimination rights may be marginalized due to three factors: lack of cooperation among political and economic spheres, lack of knowledge about antidiscrimination laws and absence of political will for adoption and implementation of antidiscrimination laws. Therefore, we focus on the examination of specific issues concerning the three aforementioned factors primarily focusing on EU and divergence in the level of political and economic development among the member states.We will argue that antidiscrimination laws are not welcome in new member states, especially since they increase political and economic costs for the governments of respective countries. Level of political development has much to do with the acceptance and inclusion of AD laws in the decision making process. Economic development has much to do with social and living standards within a country which is directly related to the general perception of the population on AD laws. Therefore, one could say that implementation of AD laws heavily depends on the preparedness of people, economic and political system and their will to cope with costs and benefits of implementing those laws
40
Kochenov, Dimitry. « Democracy and Human Rights-Not for Gay People ? : EU Eastern Enlargement and Its Impact on the Protection of the Rights of Sexual Minorities ». Texas Wesleyan Law Review 13, no 2 (mars 2007) : 459–95. http://dx.doi.org/10.37419/twlr.v13.i2.7.
Texte intégralRésumé :
Gays and lesbians in Central and Eastern European countries (CEECs) did not have any rights under communism, where homosexuality had either been a criminal offence or, at best, the official attitude towards it could be characterised as repressive tolerance. The development of civil rights and freedoms, which started after the collapse of the communist regimes, did not immediately result in a break through in the sphere of gay rights: "[i]n the midst of the multifaceted transformation of [the CEECs], the status of gay and lesbian residents has undergone varied and dramatic changes and is still in flux." Many hopes for change in this situation were related to the process of enlargement of the European Union (EU) and were fuelled by the belief that the EU would ensure that no country turning a blind eye to the problems related to gay rights and allowing discrimination on the basis of sexual orientation would be permitted to join. As it turned out, these hopes were only partly justified. The actions of the EU were timid, ill-focused, and stopped short of realising the potential for change offered by the legal context of enlargement preparation. Such developments can be explained by the limited nature of Community competences in this field, especially true at the very beginning of the enlargement process and which were certainly influenced by the questionable gay rights record of the European Court of Justice (ECJ). The EU did not decouple the pre-accession human rights monitoring of the candidate countries from its own internal incompetence in the field of gay rights and the limited scope of the acquis in this area. While the situation improved slightly over the last few years preceding the enlargement, it is clear that the current adopted practice is unsustainable and that the EU should seriously consider allowing gay rights to play a more prominent role in the course of the preparation of future enlargements.
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Alpa, Guido. « European Community Resolutions and the Codification of ‘Private Law’ ». European Review of Private Law 8, Issue 2 (1 juin 2000) : 321–34. http://dx.doi.org/10.54648/268927.
Texte intégralRésumé :
Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a real market hindrance, while uniform private law rules emerge as conditions precedent for the implementation of the single market. Projects directed towards the harmonisation of private law through codification have faced various criticisms. Alpa tries to address these. He notes first the trend towards convergence of (some aspects of) national laws that has been observed by comparative lawyers and the existence of unifying frameworks such as the constitutional law of the EU and the European Convention on Human Rights. He then briefly addresses three particular issues: (i) the problems allegedly created by the difference between common law and civil law structures, (ii) claims concerning value of legal pluralism and the undesirability of eliminating national cultural characteristics, and (iii) the argument that techniques of harmonisation other than the drafting of a Civil Code are more appropriate. The paper concludes with a note on issues of the drafting and structure of a possible future Code.
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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.
Texte intégralRésumé :
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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Schilling-Vacaflor, Almut. « Integrating Human Rights and the Environment in Supply Chain Regulations ». Sustainability 13, no 17 (27 août 2021) : 9666. http://dx.doi.org/10.3390/su13179666.
Texte intégralRésumé :
To address the negative externalities associated with global trade, countries in the Global North have increasingly adopted supply chain regulations. While global supply chains cause or contribute to interconnected environmental and human rights impacts, I show that supply chain regulations often exclusively target one policy domain. Furthermore, an analysis of the first experiences with the implementation of the French Duty of Vigilance law, which covers and gives equal weight to environmental and human rights risks, reveals that the inclusion of environmental and human rights standards in legal norms is not sufficient to ensure policy integration. The empirical focus here is on the soy and beef supply chains from Brazil to the European Union (EU), and the findings rely on an analysis of legal norms and company reports, field research at producing sites in Brazil and semi-structured interviews with civil society, business and state actors. For analyzing the data, I draw on the literature on environmental policy integration (EPI) and apply a framework that distinguishes between institutional, political and cognitive factors to discuss advances and challenges for integrating human rights and the environment in sustainability governance. The study concludes that more integrated approaches for regulating global supply chains would be needed to enable ‘just sustainability’.
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TIMAKOVA, Olga. « THE EU IN CENTRAL ASIA : UNREALIZED AMBITIONS AND PROSPECTS ». CENTRAL ASIA AND THE CAUCASUS 22, no 4 (17 décembre 2021) : 7–18. http://dx.doi.org/10.37178/ca-c.21.4.01.
Texte intégralRésumé :
The Soviet Union has disappeared from the maps of the world, leaving the EU a chance to participate in the political processes unfolding in Central Asia, even if the vast spaces between them limited Brussels’ involvement in regional policies. This explains the European Commission’s succinct definition: “a bridge to China, as well as to Afghanistan and the Middle East” and “a source of significant energy imports for the EU.” For the same reason, Central Asia remains outside the European neighborhood policy; in defiance of the Treaty of Lisbon, its members prefer to act independently on the international arena: their interest in Central Asia and, therefore, their contributions to the common EU policy in the region differ vastly. Following the signing of partnership and cooperation agreements with the Central Asian states, the EU became one of their important trade partners and key investors. As such, Brussels pays particular attention to democracy, human rights and civil society in all the regional countries and cooperates with them in the security sphere. Destabilization in Afghanistan has forced border security issues into the focus of corresponding programs and initiatives realized by the EU. Their growing dependence on external sources of energy and an absence of guaranteed supplies stir up concerns in the EU member-states and in Brussels and breed hopes that Central Asia, with its considerable hydrocarbon resources and advantageous geographic location, may play an important role in energy supplies. So far, EU policy in Central Asia leaves much to be desired, while the results of the projects it had initiated in the region are clearly contradictory. Brussels has achieved a lot in diplomatic relations with the local states, which allowed it to expand its trade and economic cooperation and develop political coordination. However, its achievements in many other spheres (human rights, counteracting corruption and economic diversification) are not particularly impressive. The worsening situation in Afghanistan will generate migration flows to the Central Asian countries and the European Union. Another migration crisis cannot be ruled out.
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Kuczyńska-Zonik, Aleksandra, et Peteris F. Timofejevs. « The challenge of Populist Radical Right Parties to Europeanization – the cases of Estonia and Latvia, 2018-2021 ». Rocznik Instytutu Europy Środkowo-Wschodniej 19, no 3 (décembre 2021) : 143–75. http://dx.doi.org/10.36874/riesw.2021.3.7.
Texte intégralRésumé :
Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.
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Králíčková, Zdeňka. « Changes in Czech Family Law in Light of the Principles of European Family Law ». Law, Identity and Values 1, no 1 (2021) : 85–98. http://dx.doi.org/10.55073/2021.1.85-98.
Texte intégralRésumé :
Czech family law has recently been re-codified as part of the new Civil Code. The intention of its main drafters was to build on the values and traditions of Christian-Jewish culture in the Czech Republic and to enrich Czech family law with a new dimension, especially in relation to international human rights conventions and developments in the field of human rights in general. Some sections have also been significantly influenced by the Principles of European Family Law (PEFL) developed by the Commission on European Family Law (CEFL) aiming at ‘better law’ and the harmonization of family law systems in Europe. It was stressed that the Principles of European Family Law regarding Divorce and Maintenance Between Former Spouses, the Principles of European Family Law regarding Parental Responsibilities and the Principles of European Family Law regarding Property Relations Between Spouses were published during the time of recodification of the new Civil Code and took into consideration. However, the Principles of European Family Law regarding the Property, Maintenance and Succession Rights and Duties of Couples in de facto Unions were published later. It is unclear whether the concept of unmarried cohabitation will be a challenge for Czech legislators. One can agree with the view that the new private law code should, in principle, cover all private law matters, including family law, as is customary in countries with comparable legal environments. And finally, the article was focused on the pending drafts, as developments in this area are not over, as further changes are on the way.
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Parra Gómez, David. « Crisis of the Rule of Law in Europe : The Cases of Hungary, Poland and Spain ». ATHENS JOURNAL OF LAW 7, no 3 (1 juillet 2021) : 379–98. http://dx.doi.org/10.30958/ajl.7-3-6.
Texte intégralRésumé :
Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.
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Huber, Daniela. « Ten Years Into the Arab Uprising : Images of EU’s Presence, Practices, and Alternatives in the Mediterranean Space ». European Foreign Affairs Review 25, Special Issue (1 mai 2020) : 131–50. http://dx.doi.org/10.54648/eerr2020015.
Texte intégralRésumé :
Ten years into the Arab uprisings, how is the EU perceived in the Mediterranean region in terms of its democracy and human rights agenda? Based on a systematic inquiry into images of EU presence and practices through 144 recursive multi-stakeholder consultations with mainly civil society and grassroots actors in Morocco, Tunisia, Lebanon, Egypt and Europe, we found that the EU presence is described as invisible, incoherent, preferable to other powers, ambivalent, unresponsive, ineffective, divisive, and even neocolonial. Its practices appear as depoliticizing, securitizing, and technocratic. While it is not seen as a model in the region, no new model is emerging. However, ideas for alternatives exist, namely embracing the local struggle for democracy, taking account of human security needs on all shores of the Mediterranean, and investing into a new two-way relationship where all voices matter equally. European Union, Arab countries, external perceptions, non-Eurocentric, alternatives
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Kochenov, Dimitry. « EU Influence on the Citizenship Policies of the Candidate Countries : The Case of the Roma Exclusion in the Czech Republic ». Journal of Contemporary European Research 3, no 2 (20 septembre 2007) : 124–40. http://dx.doi.org/10.30950/jcer.v3i2.43.
Texte intégralRésumé :
Although the persons of Roma ethnicity who were deprived of the Czech citizenship upon the split of the Czech and Slovak Federation by controversial law No. 40/1993 were not in the end left stateless, the Commission can be reproached for not using the influential position it enjoyed in the course of the pre-accession process preceding the fifth enlargement of the European Union (1 May 2004) in order to insist that the Czech Republic alter its ethnically-biased citizenship policy. Although some steps in this direction were taken by the Commission, they fell short of addressing the whole range of discriminatory provisions of this Czech legislation preventing the former Czecho-Slovak citizens of Roma ethnicity from becoming citizens of the Czech Republic. In Addition to the overall ineffectiveness of its pre-accession promotion of equal access to Czech citizenship of all permanent residents of the Czech Republic their ethnic origin notwithstanding, the Commission made a controversial decision to treat the exclusion from citizenship which was de facto based on ethnicity as a ‘civil and political’ rights issue, rather than a minority rights issue. This dubious decision, allowed the Commission to distinguish its pre-accession involvement in the reforms in the Czech Republic on the one hand, and in Latvia and Estonia on the other, where the exclusion of ethnic minorities from the access to citizenship was regarded as a key issue pertaining to the protection of minority rights. The ill-articulated position of the Commission is due, this paper suggests, mainly to the limitations on the EU’s involvement in the Member States’ citizenship domain and de facto comes down to the application of different pre-accession standards to different minority groups in the candidate countries. To ensure genuine protection of ethnic minorities in the Member States-to-be, the EU has to alter its approach to the issues of ethnicity-based exclusion from citizenship in the course of the future expansions of the Union.
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Rushchenko, Ihor. « Civilizational values of EU countries, Russia, and Ukraine (based on the expert survey) ». Sociology : Theory, Methods, Marketing, Issue Stmm 2020 (2) (15 mai 2020) : 72–89. http://dx.doi.org/10.15407/sociology2020.02.072.
Texte intégralRésumé :
The article discusses the differences between societal values in the European Union, the Russian Federation and Ukraine. According to the author's hypothesis, the current Russian-Ukrainian hybrid war is triggered not by interests but by the idea of imposing and maintaining the dominance of certain values. The empirical basis of the research is derived from a poll of experts conducted by the author during the II Kharkiv International Security Forum on November 29–30, 2019. As a part of survey methodology, a group of experts (50 respondents) was asked to assess the importance of societal values from the list (which consisted of 30 positions) in accordance with three locations — the EU countries, the Russian Federation, and Ukraine. A seven-digit ordinal scale (0 to 6) was used for evaluation. The list includes social values that are (or are not) essential for building a certain type of a social system. The findings of the study demonstrate that the top-10 social values in the EU and the Russian Federation are completely different. The EU countries: 1) Rule of Law, 2) Human Rights, 3) Private Property, 4) Democracy, 5) Person as Such, 6) Peaceful Existence, 7) Economic Efficiency, 8) Self-Identity (Me), 9) Liberty, 10) Civil Society. RF: 1) Victory in World War II, 2) National leader, 3) Army, 4) State, 5) Vodka, 6) Social Hierarchy, 7) Ideology, 8) Money, 9) Church, 10) Violence. The Ukrainian society occupies an intermediate position between the European and Russian civilization systems. The top-10 values in Ukraine are: 1) Money, 2) Freedom, 3) Army, 4) Children, 5) Peaceful existence, 6) Family, 7) Land, 8) Democracy, 9) Church, 10) State. The Ukrainian value system has not been fully developed, and the survey revealed that there is a shift of the value system towards the values of the united Europe. The dominant values in the EU countries are humanistic in their principles and create the foundation for the development of civil society. Meanwhile the principal Russian values are focused on strengthening the militarized state and rejection of European tradition by Russian society.