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1
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.
Texte intégralRésumé :
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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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.
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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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Majumdar, Ananda. « Immigrants and Refugees in Globalized World ». Asian Journal of Humanity, Art and Literature 6, no 2 (31 décembre 2019) : 87–104. http://dx.doi.org/10.18034/ajhal.v6i2.354.
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Globalization, Neo-liberalization, Post-modernism are approaches that makes the world one, it has increased cultural exchanges, academic exchanges, trade and business exchanges and is useful for all developing countries on the globe, if those are its advantages, people migration through illegally is its disadvantages, there was no global terms of legal or illegal immigration at the beginning of 19th century, United Nations General Assembly in 1948 states that everyone has the right to leave any country including his own and to that return country, but it has not been honoured by developing countries, due to changes of world order, population growth, regional conflicts, war, civil war, poverty, people start to moving from one to another country, population growth in developing countries is one of the most important reasons that forced people leave their land and to migrate illegally or legally, though legal immigration has processes for their further innovation, development but illegal immigration is a curse for developed countries, countries that are industrially developed like United Arab Emirates, Kuwait, people from developing world are forcing to leave due to war, civil war, community clashes, and to taking shelter as a refugees but at the end most of them are not returning after normalization of their own conflicts, people are moving without documents, in the United Europe, European Union policies are trying to control immigration from non-member countries such as immigrants from Morocco and other North Africans countries are migrating illegally to Spain for a better life and to came out from miserable life from their own countries but the Spain Government declares to deport people from non-members countries who are living illegally in Spanish land, England declares to controlling access of all Romanian and Bulgarian to the UK who are benefitting as EU member country, upon acceptance of all East European countries as the member of EU, approximately 427,000 East Europeans, mostly from Poland have registered for employment in Britain, though Western Europe are more inclined to hire Eastern European than Asian and Africans, but yet Britain decided to came out from EU because of illegal immigration to Britain from Eastern Europe which negatively affected their economy and job security of original British citizens’, so what is the solution for the worst crisis of illegal immigration and refugees accommodation world-wide? Is it forcing them to back their own countries? Is it taking initiatives through both North and South countries for the solution of the problem? Or is it solving really? A continual discussion of alternative solutions world-wide has to be discovered for the reduction of the problem of refugees and immigration world-wide, communication between developing and the developed countries have to be strength for the resolution of faster population growth in developing countries, assistance by the developed countries in war conflicted regions has to be increased, universal birth control education need to be formed, I tried to discussed the problems, reasons, and its solution as one of my focused areas in international development, it is something that I would like pursue my study in the near future as a continuing student, I hope I will be succeed.
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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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Tauscher, Soner. « Almanya’da aşırı sağ hareketler ve medyanın suçlu göçmen söyleminin resmi belgeler ışığında incelenmesi ». Göç Dergisi 4, no 2 (30 octobre 2017) : 201–26. http://dx.doi.org/10.33182/gd.v4i2.597.
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Avrupa ülkelerinin alışık olduğu düzenli işçi göçü ve kontrollü sığınmacı alımı Suriye iç savaşının üst düzeye ulaştığı 2013/2014 yılından itibaren önemli bir değişim göstermektedir. Avrupa Birliği, kuruluşundan bu yana en yoğun mülteci göçüyle karşılaşmaktadır. Yaşanan bu kontrolsüz ve zorunlu göçe Avrupa toplumları ve devletleri hazırlıksız yakalanmıştır. Mülteci krizini ekonomik olarak fırsata çevirmek isteyen Almanya ise göçmenler için 2015 yazından itibaren açık kapı politikası uygulamaya başlamıştır. Ancak uygulanan açık kapı politikası Alman toplumunun azımsanmayacak bir kesiminde mültecilere ve Müslümanlara yönelik ağır ve şiddetli bir karşı kampanya ortaya çıkardı. Mülteciler ve Müslümanlar aşırı sağ toplumsal hareketlerin gösterilerinde “tecavüzcü”, “işgalci”, “kriminal dolandırıcılar” vb. sıfatlar ile birlikte anılmakta, medya da bu söylemlerin taşıyıcılığını yaparak kamusallaşmasını sağlamaktadır. Böylece aşırı sağı desteklemeyen, apolitik, ya da sığınmacılara karşı hoşgörülü davranan toplum kesimlerinde kamuoyu oluşturularak sığınmacı ve göçmenlere karşı olumsuz algı gündemde tutulmakta, politik olanın merkezine yerleştirilmektedir. Bu çalışmada öncelikle göçmenlere karşı aşırı sağ toplumsal hareketlerin oluşturduğu olumsuz söylemin McCombs ve Shaw’un Gündem Belirleme Kuramı (Agenda Setting Function) bağlamında medya tarafından siyasetin merkezine nasıl oturtulduğu tartışılacaktır. Ayrıca gündemde tutulan mültecilere yönelik olumsuz söylemin gerçeği yansıtıp yansıtmadığı, göçmenlerin ve sığınmacıların biyolojik Almanlardan daha çok suça meyilli olup olmadığı oluşturulan soyut söylemlerden ziyade Almanya İçişleri Bakanlığı’nın yıllık olarak yayınladığı Emniyet Suç İstatistikleri temel alınarak incelenecektir.ABSTRACT IN ENGLISHFar right movements in Germany and evaluation of media discourse of criminal immigrant in the light of official documentsFlows of regular worker migration and regular asylum seekers, of whom European countries are familiar, have significantly changed since 2013/2014 when the civil war of Syria reached its peak. The European Union face probably the most intensive refugee migration since its establishment. European societies and states have not been prepared for this uncontrolled and compulsory immigration. Germany seem to want to turn the refugee crisis into an economic opportunity as evident in their open door policy since the summer of 2015. However, implementation of open-door policy has led a substantial part of German society to a strong campaign against the refugees and Muslims. Refugees and Muslims are referred to as “rapists”, “invaders”, “criminal fraudsters”, and so on in demonstrations of far right movements and media has helped disseminating these discourses. Hence, this manipulated and hateful discourse tries to gain support from the segment of society wh normally does not support far right and often apolitical, or tolerant towards asylum seekers. In this study, the ways in which the negative discourse of far right social movements against immigrants is brought to the centre of the political agenda by media is analysed using the agenda setting framework by McCombs and Shaw. Then, the claims that immigrants are involved in crime, or they are prone to be criminals are analysed and contrasted with the data obtained from the annual Crime and Safety Reports of the German Ministry of the Interior.
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Dirsehan, Meltem. « Syrian Refugee Crisis and European Migration Policies : Rise in Xenophobic Rhetoric in Europe ». International Journal of Business & ; Technology 6, no 1 (1 novembre 2017) : 1–6. http://dx.doi.org/10.33107/ijbte.2017.6.1.06.
Texte intégralRésumé :
Syrian immigration crisis has been ignored by advanced European countries and the heaviest burden is left to developing border countries. However this ignorance has resulted in more mass influx of immigrants illegally to the borders of European Union with a target of advanced Northern countries. To evaluate the European ignorance to this humanitarian crisis, first Turkey is evaluated as a transition point for all Asian and Middle Eastern immigrants dreaming to live in Europe. By a shocking extend of sea arrivals, Europe have noticed the humanitarian crisis and made a deal with main transition point for immigrants, Turkey. However this deal is a symbol of violation human rights and vaporisation of all European values. So refugee crisis and policy changes in Europe are covered briefly. In conclusion, this position of European countries is argued as related with accelerating social support to xenophobic and Islamophobic rhetoric in politics as to elective results in advanced EU countries.
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Borodin, Ivan L., Kateryna Yu Vodolaskova, Valentyn A. Bortnyk, Anastasia A. Sukhodolska et Veronika Yu Oleshchenko. « Islamic factor in the immigration process of the European Union ». Linguistics and Culture Review 5, S4 (23 novembre 2021) : 1914–24. http://dx.doi.org/10.21744/lingcure.v5ns4.1879.
Texte intégralRésumé :
The article attempts to draw attention to the fact that the future of Western Europe depends to a certain extent on the timely resolution of immigration problems related to Muslims. This article aims to make a contribution to the research of the issue concerning the future of the Western Europe immigration process, which depends to a certain extent on the timely resolution of immigration problems related to Muslims. The point is that immigration flows, especially from the Muslim world, from a sporadic phenomenon have become a constant factor and raised questions about the development and implementation of measures to adapt Muslim immigrants to new working, living and cultural conditions in their new countries, search decisions aimed at reducing the pressure of the demographic factor on the economic development of host countries, cooperation in respect of human rights.
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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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Fernández Suárez, Belén. « The Design of Migrant Integration Policies in Spain : Discourses and Social Actors ». Social Inclusion 5, no 1 (28 mars 2017) : 117–25. http://dx.doi.org/10.17645/si.v5i1.783.
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Spain is one of the countries with the lowest social spending within the EU-15, and its welfare state has developed later and with less intensity. At the end of the 20<sup>th</sup> century, Spain became an immigration country, reaching 5.7 million immigrants in 2011. This article explores how the definition of migrant ‘integration’ is based more on a concept of universal rights and social cohesion by the main actors (political parties, trade unions, third sector organizations and immigrant associations) than on a notion of a cultural type. We will also analyze how the influence of European policies and restrictive liberalism have led to the implementation of programmes which aim to make civic integration compulsory for the renewal of residence and work permits. The empirical evidence for this article stems from 60 qualitative interviews with social actors in migrant integration policies during 2010 and 2011. The impact of the economic crisis on the foreign population, especially regarding its position in the labor market, will also be considered, explaining the reduction of specific and general policies targeting the migrant population. This cut in social spending has involved a deinstitutionalization of this particular policy field.
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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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Chodubski, Andrzej. « Immigrants and the space of national minorities in contemporary Europe ». Review of Nationalities 7, no 1 (1 décembre 2017) : 307–27. http://dx.doi.org/10.1515/pn-2017-0009.
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Abstract The study indicates that contemporary migration movements of the population in Europe are typical of the cultural and civilizational development of the world. Their main cause involves the problem of meeting needs, especially in terms of money and living. The institutions of the European Union, which stress the guarantee of the rights of a human and a citizen, attach significant importance to them. The location of immigrants is different in various European countries. The experience of the past plays an important role in this respect (migration tradition of states and nations). In terms of the recognition of the principle of the EU that European unity is formed by its cultural diversity, migrants (immigrants and emigrants) are subject to the general processes of cultural and civilizational transformation.
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Jusko, Jakub. « Welfare, but Only for Us ? » Politeja 16, no 6(63) (31 décembre 2019) : 233–46. http://dx.doi.org/10.12797/politeja.16.2019.63.16.
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Welfare, but Only for Us? Randomized Survey Experiment on Welfare Chauvinism Conducted on Students in Brno
The immigrants’ rights to welfare benefits have been heavily discussed in European Union member states recently. This study focuses on general opposition to those rights, welfare chauvinism, and its potential existence in the country with essentially no immigration issues – the Czech Republic. Using a survey experiment on students of Masaryk University in Brno, a change in the attitudes towards the child benefits (as one aspect of social benefits) was observed right after they were reminded that also immigrants from other countries have accessto those benefits. The effect of persuasive argument was stronger in the case of Bulgarian rather than German immigrants, which could imply Czechs perceive Germans more positively than they do Bulgarians, and they behave less chauvinistically towards them in comparison to citizens of Bulgaria.
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Casquilho-Martins, Inês, et Soraia Ferreira. « Migrants’ Health Policies and Access to Health Care in Portugal within the European Framework ». Societies 12, no 2 (28 mars 2022) : 55. http://dx.doi.org/10.3390/soc12020055.
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Migratory flows have a specific influence in the European and Portuguese demographic context. Societies’ commitment to ensure fundamental rights of all citizens and migrants includes the promotion of health. This study aims to describe migrants’ health policies and access to the health system in Portugal within the European framework. We carried out a mixed methods approach, analyzing health policies in European Union countries and public health key indicators from statistical secondary data collected from Eurostat and Migrant Integration Policy Index. This data was complemented with a survey applied to immigrants living in Portugal. Portugal is a European country known for its favorable immigrant integration policies and has developed access to the health care system. However, our study has shown that greater investment is needed to overcome limitations or social inequalities which inhibit migrants’ access. Additionally, we sought to present a comparative analysis between Portugal and European Union countries, which can contribute to improve health systems within the current crisis.
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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.
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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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Penninx, Rinus. « International migration and related policies in europe 1950 - 2015 ». Glasnik Srpskog geografskog drustva 96, no 2 (2016) : 18–41. http://dx.doi.org/10.2298/gsgd1602014p.
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Immigration in Europe has been shaped by: a) its particular development in time; b) the geographical patterns of migration within and towards European countries; and c) the shifting types of migration and characteristics of migrants involved. The first part of this contribution outlines changes in these three basic migration-related factors. Migration outcomes are not haphazard nor are these the result of unhindered economic push and pull factors in a free market. Immigration policies of receiving countries do greatly influence the volume and patterns of migration, the place of settlement and the characteristics of migrants. Regulations on conditions of residence and integration do furthermore influence significantly the position of immigrants in their new destination, among others by setting conditions for their stay (residence rights) and access to the labour market. The second part of this chapter outlines the migration and integration regimes that have been developed by states of different parts of Europe and by the European Union. In conclusion, immigration has become a relevant phenomenon in all EU countries. However, as a consequence of different timing of immigration, different socio-economic contexts and varying governmental migration and integration policies, European countries are confronted with different forms migration (immigration, emigration, transit migration) and with different types of migrants. European states have also developed different governmental policies of migration and integration. Historically, a common denominator in the framing of European policies is that countries do not see themselves as immigration countries; they are immigration countries against their will. In recent times, such framing is reinforced by populist and nationalist movements that see immigrants not only as economic competitors, but also as a threat to the national "culture and world views". The more Europe needs immigrants for economic and demographic reasons, the less they are welcomed for cultural and political reasons.
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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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De Botton, Lena, Raul Ramos, Marta Soler-Gallart et Jordi Suriñach. « Scientifically Informed Solidarity : Changing Anti-Immigrant Prejudice about Universal Access to Health ». Sustainability 13, no 8 (8 avril 2021) : 4174. http://dx.doi.org/10.3390/su13084174.
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Currently, anti-immigrant sentiment has emerged again in European countries, as witnessed, for example, by the rise of xenophobic parties in many member states. This is a prejudice that is not new but that intensifies in certain circumstances, such as the economic crisis. This change in attitudes towards immigration has an impact on the preferences of citizens regarding the universal access to public resources and rights. The results of this article come from the analysis of certain variables of the Transnational European Solidarity Survey (TESS) conducted during 2016 in 13 member countries of the European Union. Specifically, two packages of variables are analysed regarding the degree of solidarity in relation to the access to public health services for immigrants before and after receiving scientific information about the collective benefits of the provision of health for the entire population, including undocumented immigrants. While there is much literature that analyses how scientific literacy in health and education issues improves the situation of vulnerable groups, few studies have analysed how scientific knowledge helps to modify the prejudices and discriminatory attitudes of the general population, thus contributing to the improvement of the health of the entire population.
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Stankiewicz, Wojciech. « Prawa imigrantów a wysiedlanie Romów we Francji i reakcja Unii Europejskiej ». Sprawy Narodowościowe, no 39 (15 février 2022) : 159–73. http://dx.doi.org/10.11649/sn.2011.027.
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Immigrant Rights vs Expulsions of the Roma People in France in Light of the European Union’s ReactionThe article first presents how immigration policies determine the norms which European Union countries apply in their law towards immigrants. Next the author deals with the Roma as a national minority living in France, where it is not yet recognised as equal to other national or ethnic communities. Even though Romany people are protected by law, their legal status is unstable due to their cultural dissimilarity. Numerous dilemmas arise, thus making it difficult to accept any official recognition of the Roma as a supranational or national minority.Relations between France and the European Union have deteriorated since the incident connected with the Roma deportations in 2010. There have been many accusations aimed at the French authorities, and also a threat of bringing proceedings against France before the Court of Justice. The EU strongly condemned France and its immigration policy. This, however, did not change French attitudes towards the Roma. The reaction of the EU did not result in a sudden change in French legislation which aims at preventing an influx of immigrants. In addition, France has introduced special acts to protect the country from a return influx of the Roma minority. The Directive on the free movement of citizens between EU countries has not been fully enforced in France. In the ensuing situation, the ratification of this document will occur in 2011.
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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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Jurs, Pāvels, et Ilma Neimane. « THE IMPACT OF THE MIGRATION CRISIS AND POSSIBLE SOLUTIONS IN THE CONTEXT OF LIFELONG LEARNING ». SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 5 (20 mai 2020) : 111. http://dx.doi.org/10.17770/sie2020vol5.4916.
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In 2015, Europe experienced a migrant crisis – The European Union has faced an unprecedented influx of refugees and migrants. More than one million people arrived in the European Union, most fleeing war and terror in Syria and other countries, for example, the number of immigrants crossing the sea from Turkey to Greece per day (October 20, 2015) was 1,0006 people, as shown by the data of European Commission (European Commission, 2017). The migrant crisis in Europe and its consequences are our collective responsibility as Europeans and the ability to show solidarity by providing immigrants with much needed support, based on generally accepted human rights and moral responsibility issues. Along with the challenges posed by the migrant crisis the issue came up of better integration of immigrants into society, providing the necessary information regarding the assistance offered, providing the necessary information regarding the assistance offered social guarantees, protection, and knowledge of local culture, traditions, history and educational opportunities. The aim of the article is to share good practices in the field of lifelong learning by implementing an international pilot project aimed at training migrants in the context of lifelong learning, based on theoretical research methods on the consequences and challenges of the migrant crisis, as well as based on empirical research (statistical analysis, analysis of survey results, development of interactive learning environment). The main findings of the authors of the study are reflected in the interactive learning platform created within the framework of the international project, as well as the authors' recommendations for non – formal education of migrants in the context of lifelong learning.
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Argirova, Desislava Mladenova. « Good Practices of the European Union Countries Regarding the Integration of Refugees and Migrants ». ANNUAL JOURNAL OF TECHNICAL UNIVERSITY OF VARNA, BULGARIA 5, no 1 (10 juin 2021) : 42–55. http://dx.doi.org/10.29114/ajtuv.vol5.iss1.233.
Texte intégralRésumé :
The countries of the European Union, which are final destinations or transit for refugees and migrants, face many social, humanitarian and financial challenges. They are expected to invest efforts and resources to enable migrant communities and the host society to activate their abilities, qualities and skills to build social cohesion and well-being between them. Local administrations provide many services that directly affect the integration of migrants and there-fore have a greater capacity to support the process of social cohesion, as opposed to governance at national level, which in many cases hinders local government initiatives to address social and economic problems arising from immigration. Integration is an extremely individual process and individual needs must be taken into account by the various institutions involved in this activity. Refugee integration is one of the indicators of democratic society, an indicator of the development and promotion of human rights and freedoms. It is a continuous and dynamic process that requires efforts and readiness on the part of refugees to adapt to their host society without having to give up their cultural identity, and therefore - readiness and understanding on the part of the host community and public institutions to perceive refugees as equal persons of themselves. Integration is a long-term two-way process of mutual adjustment of incoming immigrants and citizens of the host country.
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Anagnostou, Dia. « Individuals from Minority and Marginalized Groups before the Strasbourg Court : Legal Norms and State Responses from a Comparative Perspective ». European Public Law 16, Issue 3 (1 septembre 2010) : 393–400. http://dx.doi.org/10.54648/euro2010027.
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The obligation of states to implement the European Court of Human Rights case-law and the potential to exert influence in domestic laws and policies have been instrumental in the establishment and consolidation of the regime of human rights protection established by the European Convention on Human Rights. This article outlines a frame for exploring domestic implementation of ECtHR judgments by specifically focusing on case-law pertaining to marginalized individuals and minorities across different countries. The Court’s jurisprudence has progressively extended the scope of the civil and political rights contained in the Convention to address and at times embrace a multifaceted set of rights claims by non-dominant and marginalized groups, such as prisoners, immigrants, refugees, ethnic, religious, sexual minorities, etc. The purpose of the research introduced by this article is to comparatively explore the conditions under which state authorities implement adverse judgments pertaining to such groups, as well as to probe whether these promote rights-expansive policy change at the national level.
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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.
Texte intégralRésumé :
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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Emmenegger, Patrick, et Katarina Stigwall. « Women-Friendliness in European Asylum Policies : The Role of Women’s Political Representation and Opposition to Non-EU Immigration ». Comparative Political Studies 52, no 9 (25 février 2019) : 1293–327. http://dx.doi.org/10.1177/0010414019830725.
Texte intégralRésumé :
Based on the 1951 Refugee Convention, traditional conceptions of refugees typically referred to the politically active male persecuted for his obstructive acts against a communist regime. Yet, today’s asylum seekers are increasingly female with very different experiences of persecution and different reasons to flee their countries of origin. Not all states have updated their asylum policies to reflect the specific situation of women—an issue the refugee crisis in 2015 brought to glaring light. We develop a Women-Friendliness in Asylum Index (WFA), which reveals clusters of states within the European Union (EU) with a solid implementation of women’s rights in their asylum recognition and reception framework and others whom have yet to adapt their asylum policies to consider women’s needs. In addition, we show that women’s political representation is a key factor in explaining women-friendly asylum policies, whereas critical attitudes toward immigrants from non-EU countries retard the gendered revision of European asylum policies.
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Beiter, Klaus D., Terence Karran et Kwadwo Appiagyei-Atua. « Academic Freedom and Its Protection in the Law of European States ». European Journal of Comparative Law and Governance 3, no 3 (28 août 2016) : 254–345. http://dx.doi.org/10.1163/22134514-00303001.
Texte intégralRésumé :
Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.
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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.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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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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.
Texte intégralRésumé :
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.
Texte intégralRésumé :
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.
Texte intégralRésumé :
The article is devoted to the study of the peculiarities of the conflict regulation of relations in the field of medical tourism in the European Union. The author analyzes the concept of «medical tourism» and other terms used to denote the phenomenon of travel of persons to foreign countries to receive medical services («cross-border healthcare», «medical tourism», «medical travel»). The article analyzes the regulation of the EU-member states and supra-national regulation of private law aspects in the field of medical tourism. In particular, the peculiarities of receiving medical care by citizens of the European Union, which are regulated with the Directive of the Euro-pean Council and the Parliament 2011/24 / EU on the application of patients’ rights in cross-border healthcare. The author concludes that the conflict regulation of medical tourism in the European Union is based on the general conflict rules on the conclusion and implementation of contracts in the field of services and insurance, as well as compensation for damage caused by improper performance of contracts or civil offenses (torts), resolving conflicts of jurisdiction, etc. Special conflict regulation of relations in the field of medical tourism in the European Union is not developed. At the same time, the author emphasizes the significant gaps in the conflict regulation of certain issues related to medical tourism, especially such debatable as cross-border surrogacy, organ transplantation, eutha-nasia and others. The author supports the view that for the countries of the European Union today in the context of medical tourism for the purpose of surrogacy in countries where such a procedure is legal, relevant today are issues of conflict regulation, such as determining the nationality of the child; recognition of paternity (origin of the child); recognition of birth certificates of a surrogate mother issued in other countries.
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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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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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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.
Texte intégralRésumé :
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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Losheniuk, Oksana. « The concept of regulation of international labour migration in Ukraine ». Herald of Ternopil National Economic University, no 3(85) (8 août 2017) : 64–74. http://dx.doi.org/10.35774/visnyk2017.03.064.
Texte intégralRésumé :
The article deals with challenges and opportunities for international labour migration in Ukraine. It is stressed that the approach to regulation of international labour migration should be comprehensive and should encompass a whole range of factors influencing migration flows, which will ensure making appropriate economic and social changes. The present concept of regulation of international labour migration in Ukraine is analyzed and the need for its improvement is discussed. The priority goals of the Concept of State Migration Policy in Ukraine are highlighted. It is stated that state migration policy is carried out in both emigration and immigration. Some of the key factors of immigration and emigration are identified. It is proved that migration policy in Ukraine is being shaped towards the European Union, which envisages a mutually beneficial redistribution of human resources over the countries. The paper claims, that achieving the quality of life as high as in the EU countries is a key demand for the integration into the European Union. It is emphasized that the existing legislation on migration has some weak points related to developing and fulfilling human potential of migrants. A range of measures to regulate international labour migration is introduced. Based on the research findings, the following actions are proposed to meet the aims of regulation of international labour migration in Ukraine: reduction of emigration from Ukraine by improving its socio-economic status; training and retraining of potential emigrants tailored to the specific characteristics of labor market growth in the country; stimulation of internal mobility aimed at the reduction of emigration; regulation of external employment of Ukrainian citizens; creation of conditions for attracting and efficient using of migrants’ money transfers; using transnational connections of migrants; halting the employment of national human resources; stimulation of immigration attractiveness for certain professional; halting illegal and undesirable migration; regulation of immigrants in Ukraine; legalization of illegal present immigrants; signing bilateral agreements between countries on return migration; stimulating re-emigration; protection of the rights and interests of labour migrants in Ukraine and abroad.
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Pogorzelska-Kliks, Agata. « Imigracja w Szwajcarii po 1945 roku – ewolucja postaw społeczeństwa i federalna polityka integracji ». Studia Europaea Gnesnensia, no 11 (1 janvier 2015) : 301–23. http://dx.doi.org/10.14746/seg.2015.11.15.
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The article discusses immigration in Switzerland after 1945: its dynamics and the policy of the federal government towards immigration and immigrants. An important issue addressed in the paper are relations between Helvetian Federation and European Union, especially with respect to bilateral agreements concerning free movement of people. The second part of the article is devoted to social attitudes towards immigration as well as the increasingly radical views of the right-wing groups, especially Swiss People’s Party (SVP, in French – Democratic Union of the Centre – UDC) on immigration, which is most vividly manifested in public initiatives submitted to popular vote. An analysis of the results of votes demonstrates that the attitudes of the Swiss public towards immigration are not uniform. Initiatives aimed at expelling immigrants from Switzerland are rejected, but so are proposals of laws which make obtaining Swiss citizenship easier. Furthermore, the author discusses the Federation’s immigrant integration policies, in which emphasis is put on integration on the job market or social integration, while completely ignoring political integration (granting civil rights). The final issue addressed in this paper is the analysis of a watershed in the history of immigration in Switzerland, namely the public vote of February 9th, 2014 “Against Mass Immigration” and its consequences. This has been discussed based on source texts (text of the public initiative and commentaries of politicians, sociologists and journalists).
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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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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.
Texte intégralRésumé :
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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Ryazantsev, S. V., M. N. Khramova et A. I. Tyshkevich. « BACKGROUND AND FACTORS OF MUSLIM IMMIGRATION TO THE COUNTRIES OF THE EUROPEAN UNION ». BULLETIN 2, no 390 (15 avril 2021) : 220–28. http://dx.doi.org/10.32014/2021.2518-1467.73.
Texte intégralRésumé :
The article analyzes the prerequisites, factors and consequences of immigration to the European Union from countries with a predominantly Muslim population. The main typological characteristics of the recipient countries of migrants from predominantly Muslim countries are highlighted. The problems studied in this article attract the attention of a wide range of specialists due to its relevance and at the same time due to the lack of any adequate answers to the modern challenges faced by the de facto multicultural societies of developed industrial countries. The results of consideration of the rights and freedoms of migrants in various EU countries are also important in scientific and practical terms. Special attention is paid to the analysis of the situation in Germany, as the most attractive country for migrants. In the context of the ongoing changes in the ethnodemographic structure of the population, the forecast of the number and gender and age structure of the Muslim population in Germany by 2050 is given. This forecast suggests that the population of Muslim origin in Germany will increase from 4.3 million in 2014 to at least 5.8 million by 2050. The increase will be achieved mainly due to a higher fertility rate than that of the Germans. According to the theory of E. Lee, the authors distinguish two groups of factors, "pushing factors" and "attraction factors", which contribute to the immigration of Muslims to more economically developed countries. The push factors in the countries of origin of migrants are mainly related to the unstable political situation, economic crises, and high unemployment, especially among the young population. Attracting factors are mainly related to the ability to receive certain economic preferences in the country of reception, to get educated, to have a stable income and medical care. Along with certain benefits, expressed in an increase in the share of the working-age population, Muslim migration also carries certain risks for EU countries: socio-cultural, religious, criminal, economic, political and geopolitical factors that can significantly affect the balance of political forces in the EU countries. The problems that arose with the adaptation and integration of Muslim migrants as a result of the largest migration crisis in the twenty-first century showed that the host country, in this case, the member States of the European Union, found themselves in a paradoxical situation. On the one hand, resolutions were prepared and adopted at the European level, and a set of measures was developed to accept migrants and provide them with financial and social assistance, which was expected to facilitate the process of adaptation and further lay the foundation for the assimilation of young Muslims. It was assumed that these steps will help, to some extent, to spread democratic values and principles for immigrants. On the other hand, in reality, the situation turned out to be much more complex and ambiguous, a number of EU States actually refused to accept migrants on their territories. The countries of the Visegrad group can be cited as an example. The split within the EU on migration issues calls the very existence of the European Union into question. This paper uses data from Eurostat, the International organization for migration, the German statistical office, the European Commission, the European Statistical Office, and a number of other reputable statistical agencies as input data. The material presented in the article does not contain information (information) related to state secrets of the countries of the European Union and the Russian Federation.
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Panov, Toshe. « SPAIN - THE NEW TRANSIT COUNTRY FOR ILLEGAL MIGRANTS IN THE WEST-MEDITERRANEAN MIGRANT ROUTE ». Knowledge International Journal 26, no 6 (18 mars 2019) : 1849–54. http://dx.doi.org/10.35120/kij26061849p.
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The trend of migrants' legal and illegal migrations has increased year by year, so in 2015 it has received alarming proportions. Illegal migration, albeit at a reduced scale, continues in 2018. Immigrants are trying to reach Europe via land, sea and airplane by airplanes.There are several of the most frequent routes that quickly reach the promised land, depending on which parts of the world are going, although routes often change, under the influence of different circumstances. If there is increased control at some borders, immigrants pass on other roads, even longer. Thus, for example, migrants from the West Coast of Africa to Europe reach Greece through Greece, rather than through Spain and Italy due to increased control of the sea routes through the Mediterranean. This is also the case with the Western Mediterranean route through which many immigrants pass through. The illegal migrants and refugees towards their goal, the highly developed European countries and the European Union used multiple routes, but this paper will be devoted only to the Western Mediterranean route, starting from north and west Africa through the Mediterranean about the sea to Spain, the Canary Islands and the Spanish enclaves in Africa. The aim of this paper is to analyze global and regional migration movements and their future trends with the focus of the western Mediterranean route as well as identifying the underlying motives that cause them migration processes and their classification that could serve for the appropriate treatment of migrants in accordance with their rights and national legislation.
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Trojanowska-Strzęboszewska, Monika. « Partycypacja polityczna imigrantów w Polsce. Na przykładzie aktywności cudzoziemców w wyborach samorządowych w 2014 r. i 2018 r. » Studia Migracyjne – Przegląd Polonijny 47, no 1 (179) (2021) : 181–204. http://dx.doi.org/10.4467/25444972smpp.21.008.13320.
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Political participation of immigrants in Poland. The case of foreigners’ activity in the local government elections in 2014 and 2018 The issue of political participation of immigrants in Poland is becoming current and is worth reconsidering by the state authorities because of the growing number of immigrants settling in Poland. Due to the structure of immigration to Poland, characterized by the dominance of immigrants coming from outside the European Union, these issues are not subject to EU regulations that apply only to EU citizens. It is an open question whether the Polish authorities will take action to extend certain political rights to immigrants from third countries who have moved the center of their life activities to Poland. The article discusses the issue of political participation of immigrants in Poland on the example of their activity in local elections in 2014 and 2018. The research objective is to identify the key determinants of electoral participation of foreigners and to analyze the data of the National Electoral Commission, showing the actual degree of use by immigrants living in Poland of their electoral rights at the local level (the right to vote and the right to stand for election). The conducted analysis aims to reveal formal and practical possibilities as well as barriers and challenges, especially of a systemic nature, in the field of electoral participation of immigrants in Poland, both those who already have such rights and those who could obtain these rights. Streszczenie Zagadnienie partycypacji politycznej imigrantów w Polsce nabiera aktualności i warte jest ponownego rozważenia przez władze państwowe wraz z rosnącą liczbą imigrantów osiedlających się w Polsce. Z uwagi na strukturę imigracji do Polski, charakteryzującą się dominacją imigrantów pochodzących spoza Unii Europejskiej, kwestie te nie podlegają regulacjom unijnym, odnoszącym się wyłącznie do obywateli UE. Otwartym pozostaje pytanie czy polskie władze podejmą działania w kierunku obejmowania wybranymi prawami politycznymi także imigrantów z krajów trzecich, którzy przenieśli centrum swojej aktywności życiowej do Polski. W artykule podjęty został temat partycypacji politycznej imigrantów w Polsce na przykładzie ich aktywności w wyborach lokalnych w 2014 i 2018 r. Jego zasadniczym celem badawczym jest identyfikacja kluczowych uwarunkowań partycypacji wyborczej cudzoziemców oraz analiza danych Państwowej Komisji Wyborczej, ukazujących rzeczywisty stopień korzystania przez cudzoziemców mieszkających w Polsce z przysługujących im praw wyborczych na poziomie lokalnym (prawa wybierania i prawa do kandydowania). Przeprowadzone analizy posłużyły ujawnieniu możliwości, barier i wyzwań, formalnych i praktycznych, zwłaszcza natury systemowej, w zakresie partycypacji wyborczej imigrantów w Polsce, zarówno tych, którym takie prawa już przysługują, jak i tych, którzy prawa te mogliby uzyskać.
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Kiszka, Jerzy, Dorota Ozga, Arkadiusz Mach et Romuald Krajewski. « Providing help to multicultural patients in the context of contemporary population migrations in Europe ». Pielegniarstwo XXI wieku / Nursing in the 21st Century 17, no 1 (1 mars 2018) : 30–36. http://dx.doi.org/10.2478/pielxxiw-2018-0005.
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Abstract Introduction. The population migration to the countries of the European Union (EU) of the conflict of war has grown substantially in recent years. According to the Office for Foreigners in Poland are staying 586 thousand foreigners. 279 refugees from Syria arrived in Poland in 2015. The economic development of Poland means that the number of foreigners settling in or crossing Poland and using the services of the Polish health service is constantly growing. Foreigners from outside Europe (the largest groups are Vietnamese – 8.8 thousand and Chinese – 6.2 thousand) were brought up in a different culture, but also people from European countries (the largest group are immigrants from Ukraine – 513 thousand) may differ from Poles perceive health and illness. Health Personnel may encounter difficulties in providing medical assistance and taking care of a culturally different patient. They may result from the language barrier, lack of knowledge about the differences in patients’ expectations or lack of skills in communication with the patient. The result may be improper assistance, violation of patients’ rights and avoiding the use of medical services. Aim. Presentation of the migration of population in EU countries, analysis of problems arising during the provision of assistance to culturally different patients and an indication of the possibility of developing cultural competences of paramedics, nurses and doctors through education in this area.
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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.
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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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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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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.
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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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Torkunova, E. A., et K. G. Zharinov. « Implementation of standards of the european convention on human rights regarding forced removal of aliens in the European Union law ». Moscow Journal of International Law, no 4 (31 décembre 2020) : 6–22. http://dx.doi.org/10.24833/0869-0049-2020-4-6-22.
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INTRODUCTION. The global migration crisis taking place in the world and especially within the European Union provokes debates regarding the necessity to change the current approaches to the regulation of migration issues. Thus, extensive work has been done in the recent years on the new future reform of the Area of Freedom, Security and Justice of the EU including the Common European Asylum System. Besides that, the Lisbon Treaty, which entered into force in 2009, provides that the European Union shall accede to the European Convention on Human Rights. Despite the failed attempt of accession in 2014 blocked by the Court of Justice of the EU, the European Union still must fulfill its obligation, which is bound to happen sooner or later. That is why the topic of the present article is of particular interest at the moment. However, it is important to clarify the understanding of certain terms used in the heading of the article. In particular, it should be noted that the term “aliens” in relation to the European Union legal order covers nationals of states that are not EU-members and do not apply the European Union law concerning migrants on other grounds (for example, due to the membership in the European Economic Area) and stateless persons as well. Further, the reader should take into account that the European Convention on Human Rights as an international treaty is not, strictly speaking, a source of EU law per se as the EU is not a party to the ECHR, at least so far. Therefore, the European Union is not directly obliged under international law to implement the ECHR. Nevertheless, the provisions of the Convention formed the basis for one of the most significant sources of the EU law – the so-called “general principles of the EU law”. Most of them were later codified in the Charter of Fundamental Rights of the European Union, which expressly stipulates that the meaning and scope of the Charter rights which correspond to rights guaranteed by the ECHR shall be the same as those laid down by the ECHR. It means that today the EU already shall comply with the Convention standards regardless of its non-accession to the ECHR as a collective party. Due to objective limits of the text volume the present article concentrates on implementation of the key substantive Convention guarantees concerning forced removal. Consequently, it does not cover the procedural standards laid down by Article 13 of the ECHR. Moreover, the research does not touch upon the general standards of Articles 3 and 8 of the Convention applied not only in the context of removals of aliens but also in other situations (e.g., regarding the conditions of detention). The aim of the present article is to evaluate the implementation of standards of the European Convention on Human Rights regarding forced removal of aliens in the European Union law and to suggest measures to ensure compliance with the Convention guarantees in case of detecting any problematic issues.MATERIALS AND METHODS. The research refers to the provisions of the European Convention on Human Rights, the primary and secondary EU law, the case-law of the ECtHR and the CJEU, the recent works of Russian and foreign scholars and also the Council of Europe handbooks. The methodological basis of the research consists of general scientific methods (analysis and synthesis, deduction and induction, classification, systematization, prediction) and special legal methods (comparative legal and formal-legal methods).RESEARCH RESULTS. Today the EU law thoroughly regulates such areas as granting international protection to third country nationals; determination of the member state responsible for examining an application for international protection lodged in one of the member states by an alien and his/her subsequent removal to this member state; removal of illegal immigrants to third countries and also the legal status of third country nationals who are family members of an EU citizen. The provisions of EU legal acts in this regard were formulated inter alia on the basis of the case-law of the ECtHR. Although the ECtHR has found violations of the Convention by the EU member states in a number of cases concerning the application of the EU law in the migration context (for example, within the framework of the Dublin system), all these violations were rather caused by exercising of discretionary powers by the member states than resulted from the content of the EU law itself. Moreover, the human rights-based approach used by the CJEU in the interpretation of certain potentially problematic legal acts (in particular, the Framework Decision on the European arrest warrant) contributed to the fact that the ECtHR has never come to a conclusion that the presumption of equivalent protection granted by the EU law (formulated in «Bosphorus Airways v. Ireland» in 2005) was rebutted in any cases regarding forced removal of aliens. Besides that, as of today in many aspects connected with migration the EU law provides broader protection that the Convention.DISCUSSION AND CONCLUSIONS. The standards of the European Convention on Human Rights regarding forced removal of aliens have been success-fully implemented in the European Union law despite certain originality of how the Convention guarantees are incorporated to the EU legal order in general. This is confirmed, among other things, by the fact that the ECtHR has never come to a conclusion that the presumption of equivalent protection granted by the EU law was rebutted in any cases regarding forced removal of aliens. However, the theoretical possibility of rebuttal of the said presumption in future cannot be excluded and the whole concept of such presumption has been occasionally criticized. The time will show whether the future EU legal acts (in particular, those adopted in the course of the ongoing reform of the Area of Freedom, Security and Justice in response to the escalation of the migration crisis) will fully comply with the European Convention on Human Rights.
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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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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.
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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.