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Articles de revues sur le sujet "Judicial process – European Union countries"
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Arana García, Estanislao. « ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION : TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE ». Administrative law and process, no 2(25) (2019) : 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.
Texte intégralRésumé :
Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary to: 1) analysis the creative solutions of the agencies courts; 2) verify the performance of agencies through the information provided by themselves; 3) discuss the judicial decisions from a scientific perspective. This process has been implemented through direct contact with experts and professional actively involved at these European administrative courts. Results. EU law is haphazardly creating a system of administrative review that is in many cases a pre-condition to judicial review. This system is most evidently manifesting itself in the application of EU law by administrative agencies. For this purpose, some of the EU’s most important agencies have created specialised bodies known as boards of appeal. These objective and independent bodies have the power to review the decisions of the agency they form part on based on both questions of law and fact. The paper aims to establish a critical vision of the role that new judicial forms are developing and the importance of to reach a specialized criterion for solving technically increasingly complex issues. Conclusions. The board-of-appeal model has proven a successful one as it offers parties a low-cost and effective way of having their complaints resolved without having to go to the European Union Court of Justice. Lastly, there appears to be a need for the European Union to, as it is currently doing with administrative procedure, establish a common set of rules for this emerging remedy for reviewing European administrative acts.
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Grigorieva, Tamara A., Svetlana P. Kazakova, Alena V. Kruzhalova, Regina V. Fomicheva et Liliya G. Scherbakova. « Pandemic-Driven E-Justice in a Civil Process : Comparative Legal Analysis ». Vestnik Tomskogo gosudarstvennogo universiteta, no 472 (2021) : 235–47. http://dx.doi.org/10.17223/15617793/472/28.
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The aim of the work is to identify gaps in the regulatory framework containing the rules and procedures for the actions of persons participating in the civil law process, in the presence of external factors, namely, during a pandemic, in order to improve procedural legislation based on the relevant experience of different countries. When conducting a study of legislation, judicial acts regulating the possibility of administering justice under quarantine conditions, general scientific methods of analysis, synthesis, generalization, forecasting, as well as specific scientific methods - comparative legal, formal logical, forecasting, were used. The regulatory framework, acts of courts regulating the issues of administering justice in conditions of self-isolation were analyzed. The features of the impact of the pandemic on judicial activities in Russia, in the Republic of Kazakhstan, in the European Union, as well as in the UK were revealed. Remote means of communication with the court were investigated, as well as consideration of a court case in a civil law process using the means of online interaction. In Russia, the pandemic, along with the use of electronic justice through the systems Moy Arbitr and Pravosudie, became an incentive for the introduction of online meetings in arbitration courts, various types of web conferences. In the Republic of Kazakhstan, quarantine measures became the reason for the greater use of the TrueConf service, the mobile courtroom. The European Union increased the interaction of courts in a distance format with the help of the European eJustice portal. The UK is distinguished by its progressive approach to the legislative settlement of the circumstances associated with remote proceedings. The tasks of electronic justice are set, which must be solved by Russia in an emergency situation. In conclusion, the authors infer that the pandemic had an impact on the introduction of new information technologies in the civil process. The technical component of e-justice is important, but it is impossible to ensure its implementation without fixing the procedural rules in the relevant codified sources. Despite the fact that the legal proceedings in Russia are at a high level and an example in this issue for other countries, it is necessary to refer to the experience of the Republic of Kazakhstan, where a special mobile application TrueConf was developed, which does not require stationary equipment and is more accessible to citizens without contacting specialists. As for the UK, in the authors' opinion, it is worth paying attention to the responsiveness of the legislature regarding the issues that need to be resolved in order to normalize the work of the judicial system in emergency situations during the pandemic.
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Sirotkina, Mariia, Olena Lomakina et Olena Shkarnega. « TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS ». Baltic Journal of Economic Studies 7, no 1 (22 janvier 2021) : 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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MÁRQUEZ CHAMIZO, ESPERANZA, et AUGUSTO PANSARD ANAYA. « Enforceability of the agreements reached in the European Union. Some reflections ». Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no 10 (1 juillet 2014) : 37–70. http://dx.doi.org/10.24310/rejie.2014.v0i10.7717.
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The legal system in Spain is undergoing a process of convergence with our neighboring countries in the European Union. Directive 52/2008 on mediation in civil and commercial matters has been recently transposed by the Law 5/2012, of July 6th. This is the first rule about civil and commercial mediation in the state level and it happens when mediation begin to be considered as an alternative to prosecution or via arbitration, as it involves a system of conflict resolution, that can help to get the right to judicial protection, keeping the Courts as a last resort andturning the citizen into active protagonist of the solution of their own conflict.This paper aims to analyze the questions about the mediation agreement in European Union, their enforceability and binding effects, the procedure to be followed or the effectiveness of the agreements reached therein.The gradual consolidation of mediation between legal operators involves reflection on the model adopted in our system, because this method has meant a great improvement in all Member States legal system. It is necessary to promote the culture of mediation to bring this institution to all sectors of society involved.
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Mrvić-Petrović, Nataša. « Right to compensation of damage arising from traffic accident in the legislation of the countries in transition ». Glasnik Advokatske komore Vojvodine 71, no 12 (1999) : 210–22. http://dx.doi.org/10.5937/gakv9907210m.
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By comparative analysis of the bases of liability for damages and the scope of the right to compensation for damages arising from traffic accidents existing in the legislation of the countries that are undergoing transition, the author reaches a conclusion that the process of overcoming the disadvantages of the former legislative solutions is going on slowly and that significant differences are noticed in respect of the level of protection of the injured person. In comparison to these jurisdictions, the present Yugoslav law, especially the solutions accepted in court practice, prove to be much more comprehensive. With the existing changes of the insurance law and with improved efficiency of the judicial protection, Yugoslav legislation could be more successfully adapted to the standards of the European Union.
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Kovács, Kriszta, et Kim Lane Scheppele. « The fragility of an independent judiciary : Lessons from Hungary and Poland—and the European Union ». Communist and Post-Communist Studies 51, no 3 (2 août 2018) : 189–200. http://dx.doi.org/10.1016/j.postcomstud.2018.07.005.
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When the European Union was founded, it was assumed that all Member States admitted as consolidated democracies would maintain their constitutional commitments. In recent years, Hungary and Poland have challenged this premise as elected autocratic governments in those countries have captured independent institutions and threatened long-term democracy. The judiciaries of these countries have been hard hit. In this paper, we trace what has happened to the judiciaries in Hungary and Poland, showing how first the constitutional courts and then the ordinary judiciary have been brought under the control of political forces so that there is no longer a separation of law and politics.We also explore why the European Union has so far not been able to stop this process. In the end, the European judiciary, particularly the Court of Justice, is attempting a rescue of national judiciaries, but the results are so far unclear.
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Vartovnik, O. M. « Implementation of the principles and values of EU law in the national legal systems of the states parties ». Uzhhorod National University Herald. Series : Law, no 64 (14 août 2021) : 357–62. http://dx.doi.org/10.24144/2307-3322.2021.64.65.
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The article considers the goals and process of formation of the European Union as a regional intergovernmental organization. The general concept of the values of the European Union in the light of the Lisbon Treaty is given. The role and place of the EU normative documents - the Charter of Fundamental Rights and the European Convention on Human Rights, in the formation of the fundamental values of the union are analyzed. The author notes that the basis of the values of the European Union is a set of fundamental human rights.The significance of the Copenhagen criteria for promoting the implementation of EU values by the state is analyzed. The Copenhagen Declaration identifies three sectors of requirements for a country aspiring to join the Community: the political sector, which requires the establishment and observance of the principles of democracy and the rule of human rights, and the economic sector, which requires fair competition. The third set of requirements is purely procedural and concerns the state’s obligation to adhere to the EU accession procedure.The author examines the state of implementation of the fundamental principles of the Union in the founding states on the example of the Federal Republic of Germany and the French Republic, as well as the implementation of Union values in countries that have recently become full members of the European Community. Thus, in Germa-ny and France today there is a fairly high level of implementation and compliance with the basic principles of the
European Union, while in Poland recently there are some problems with this. Thus, for the last 7 years, this state has violated the values of the EU in two categories at once - in the category of personal and political rights. In 2020, the number of legal grounds for abortion in the Republic of Poland was limited, violating the right to the integrity of the person and his or her inviolability, which is one of the core values of the European Union.Іn 2017, the European Commission filed a lawsuit against Poland in the European Court of Justice for violating the requirements of the EU Treaty regarding the principle of judicial independence.
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De Becker, E. « The (Possible) Role of the Right to Social Security in the EU Economic Monitoring Process ». German Law Journal 17, no 3 (1 juin 2016) : 277–314. http://dx.doi.org/10.1017/s2071832200019787.
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The outbreak of the financial and economic crisis in 2008 had a severe impact on the member states of the European Union. Countries like Greece had to ask the Troika (the European Commission, the European Central Bank and the International Monetary Fund) for financial aid. In return, they were obliged to reduce public spending and, as a result, national social security systems were drastically reformed. Furthermore, the EU has exercised its competences to supervise national budgets more extensively, even for countries not applying for financial aid through the Country Specific Recommendations under the European Semester. Like the decisions providing financial support, these recommendations also touch upon member states' social security systems. Moreover, the actions of the EU seem to generate a tension between the social rights provisions in (inter)national human rights instruments and the EU economic monitoring process, hence creating a possible deficit at the level of the EU. The five collective complaints against Greece under the framework of the European Social Charter (Council of Europe) illustrate this tension. This Article investigates this tension further and provides insights in possible ways to close the gap between (inter)national social rights provisions and the EU economic monitoring process by looking at the right to social security in the EU legal order. In doing so, this Article scrutinizes the judicial safeguards available at EU level, namely the right to social security in the Charter of Fundamental Rights (CFEU) and the role of general principles of Union's law for the protection of fundamental rights. It will become clear that a lot of uncertainty still remains regarding the content and scope of the right to social security in the CFEU, as well as the enforceability of this provision in the EU economic monitoring process.
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Rojo Chacón, Araceli. « La Transposición al Derecho Nacional de la Directiva Europea 2010/64/UE en España, Francia, Bélgica y Luxemburgo : “Lost in transposition” ». FITISPos International Journal 2 (24 avril 2015) : 94–109. http://dx.doi.org/10.37536/fitispos-ij.2015.2.0.40.
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Resumen: En el contexto de la globalización, el número de procesos penales multilingües en la Unión Europea ha aumentado. Para afrontar este reto, el 20 de octubre de 2010, el Parlamento Europeo aprobó la Directiva 2010/64/UE sobre el derecho a la interpretación y traducción en los proceso penales. Agotado el plazo de transcripción, en este estudio se analizan las medidas adoptadas en España, Bélgica, Francia y Luxemburgo, centrándose en la principal novedad introducida por la Directiva: la creación de un registro de traductores e interpretes independientes. Para extraer mejores conclusiones, se compara la situación en estos cuatro países con el caso de Austria, donde los requisitos para actuar como traductor e interprete judicial fueron establecidos antes de la publicación de la Directiva. El objetivo principal de este articulo es destacar casos de buenas y malas prácticas y proponer nuevas iniciativas que puedan contribuir a mejorar la calidad de la traducción e interpretación en los procesos penales.Abstract: In a context of globalization, the number of multilingual criminal proceedings in the European Union is increasing. To deal with this challenge, on the 20th of October 2010, the European Parliament published the Directive 2010/64/UE on the right to interpretation and translation in criminal proceedings. Once the transposition deadline ended, the current study aims at analyzing the measures taken in Spain, Belgium, France and Luxemburg, focusing on the main innovation presented by the Directive: the creation of a register of independent translators and interpreters. For a better analysis, the situation in these four countries is compared to the case of Austria, where the requirements to act as judicial translator and interpreter had been established before the Directive. The main goal of the paper is to highlight cases of good and bad practices and to suggest new initiatives in order to improve the overall quality of translation and interpreting in criminal proceedings.
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Bruszt, Laszlo, et Nauro F. Campos. « Economic integration and state capacity ». Journal of Institutional Economics 15, no 3 (10 octobre 2018) : 449–68. http://dx.doi.org/10.1017/s1744137418000346.
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AbstractWe investigate whether and how economic integration increases state capacity. This important relationship has not been studied in detail so far. We put together a conceptual framework that highlights what we call the Montesquieu, Weber and Smith channels to guide our analysis. Each of these corresponds to a series of mechanisms in three distinct institutional arenas: judiciary, bureaucracy and competition policy. To test our framework, we introduce a new panel of institutional reform measures that allow us to investigate how changes in these three arenas interact with each other and what sequence of changes yields increases in state capacity. The yearly data set covers all the 17 candidate countries to join the European Union (EU) after the 1995 enlargement. Deep integration, we find, can induce broad institutional change by providing incentives for simultaneous change in core state institutions. Bureaucratic independence and judicial capacity seem to be the key engine of the process engendered by the prospect of EU membership. Yet early and abrupt removal of external anchors might generate significant backsliding, or reversals, in domestic institutional change.
Thèses sur le sujet "Judicial process – European Union countries"
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CORKIN, Joseph. « A manifesto for the European Court : democracy, decentred governance and the process-perfecting judicial shadow ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7030.
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Defence date: 29 January 2007Examining Board: Prof. Christian Joerges, (EUI) ; Prof. Damian Chalmers, (London School of Economics) ; Prof. Alec Stone Sweet, (Yale University) ; Prof. Neil Walker, (EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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Nanopoulos, Eva Eustasie Ermina. « Judicial review of anti-terrorism measures in the EU ». Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610483.
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Chang, Yi Xin. « The Schengen Area in Europe :origin, process, and implications ». Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953594.
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Xu, Zi Wei. « Legal standing of private parties within judicial reviews in the European Community : the missing piece in a complete system of remedies ? » Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2099272.
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Jónsdóttir, Jóhanna. « Europeanisation of the Icelandic policy process ». Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609096.
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Rasmussen, Ashley Marie. « In or Out : Interpretation of European Union Membership Criteria and its Effect on the EU Accession Process for Candidate and Potential Member States of Southeastern Europe ». PDXScholar, 2011. https://pdxscholar.library.pdx.edu/open_access_etds/127.
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Since 1973, the European Union has been expanding its borders from its six founding members - West Germany, France, Italy, the Netherlands, Luxembourg, and Belgium, to include all of Western Europe and parts of Scandinavia by 1995. However, with the fall of the Soviet Union in 1990, the EU made a difficult but beneficial choice of paving the road for the Eastern and Central European (ECE) to become EU members. However, there was a need for the EU to determine the goals and guidelines that would format the transition of these former communist states into productive members of the EU. This paper will analyze the evolution of these guidelines - formally outlined by the Copenhagen Criteria - that set the precedent for these states to become members. The main issue of this paper will take these criteria a few steps forward, comparing states that were given membership based on the criteria and those who have been established by the EU as at least "potential EU members" but have not been deemed as satisfying these criteria enough to become candidates or full members. Both qualitatively and quantitatively, the comparisions of the 2004 and 2007 new EU members and other states of the Western Balkans and Turkey will be conducted to determine if the political and economic guidelines established by Copenhagen are the only guidelines being met, or if areas such as cultural values and "Europeanness" are also contributing to membership levels.
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Pillay, Morgenie. « The negotiation process of the EU-SA Trade, Development and Co-operation Agreement : a case of reference for the south ? » Thesis, Rhodes University, 2003. http://hdl.handle.net/10962/d1003031.
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Overall the conclusions drawn about South Africa’s negotiating style and tactics were arrived at by analysing a number of reports (that closely followed the evolution of the negotiations) and then paralleling this case study’s findings with the conjectures made by the theoretical frameworks (i.e. works by Putnam, Zartmann and Churchmann) about how negotiations proceed. In the final analysis, the findings of this case are intended to provide insight for the south about how to approach any future trade negotiations with the North (or more specifically with the EU).
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Weyembergh, Anne. « Le rapprochement des législations : condition de l'espace pénal européen et révélateur de ses tensions ». Doctoral thesis, Universite Libre de Bruxelles, 2004. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211208.
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Gurkan, Seda. « The impact of the European Union on turkish foreign policy during the pre-accession process to the European Union, 1997-2005 : à la carte Europeanisation ». Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209295.
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The dissertation is about the impact of the European Union (EU) on the foreign policy of a candidate in the pre-accession period. More specifically, the research analyses the factors and processes that intervene between the EU power to generate change in Turkish foreign policy and Turkish national compliance with the EU conditions between 1997 and 2005 by way of analysing three cases: Turkish foreign policy towards Cyprus issue, Greek-Turkish bilateral problems in the Aegean Sea; and Turkey’s stance vis-à-vis the launch of the ESDP. Main question the research addresses is “why does a candidate choose to comply (or fail to comply) with the EU conditions in foreign policy?” In other words: “How (through what mechanisms) does the EU generate compliance with the EU conditions in foreign policy?” The dissertation approaches these questions through the perspective of the Europeanization literature and its conditionality school drawing on the Rational Choice Institutionalism. In accordance with this rationalist account, main argument the doctoral research intends to prove is that “the EU’s adaptational pressure on Turkey (operationalized as a function of clear/attainable membership perspective and credible conditionality policy) is a necessary yet not a sufficient condition for domestic compliance in foreign policy if the cost of compliance is high for the target government. In this respect, domestic actors’ strategic calculation is the ultimate determinant of the compliance degrees at the domestic level. In order to prove this core hypothesis, the research used theory testing process-tracing, longitudinal comparison of cases, counter-factual reasoning and the use of a control case. The evidence for testing the argument comes from the measurement of conditionality (measured as the linkage between a given foreign policy condition and membership-related reward) and domestic compliance (measured as foreign policy output ranging from rhetorical to behavioural change) through the content analysis of primary documents. This analysis is complemented with 33 semi-structured elite interviews. The dissertation by proving that the EU’s transformative power in foreign policy works through the cost and benefit calculation of the ruling party and by elaborating on the conditions under which the EU can interfere with this rational calculus (hence modify the opportunity structure for the target government), advances our understanding of the EU’s transformative power and contributes to the Accession Europeanization literature in general. Furthermore, the study provides additional empirical as well as theoretical in-depth case knowledge to the available literature on the Europeanization of Turkey and Turkish foreign policy.Doctorat en Sciences politiques et sociales
info:eu-repo/semantics/nonPublished
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Cebulak, Pola. « Judicial activism of the Court of Justice of the EU in the pluralist architecture of global law ». Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209172.
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Judicial activism implies a hidden politicization of the Court. The legal arguments and the methods used by the Court of Justice of the European Union (CJEU) might seem coherent. However, an inquiry into judicial activism means looking beyond the legal reasoning of the Court and trying to “connect the dots” of an alternative narrative that can explain the Court’s long-term approach to certain issues. In the case of judicial activism of the CJEU in the case-law concerning public international law, the veil for the politicization of the Court is provided by the pluralist architecture of global law. The heterarchical structure of relations among legal orders in the international arena activates the CJEU as an actor of global governance. Simultaneously, it results in the Court adopting a rather internal and defensive approach, undermining legal security.Judicial activism of the CJEU finds its particular expressions in the case-law concerning public international law. The pro-integrationist tendency of the CJEU often raised in the literature concerning the Court’s role in the process of EU integration, translates into a substantial and an institutional dimension of judicial activism. The substantial articulation of judicial activism in the case-law concerning international law is the Court’s emphasis on the autonomy of the EU legal order. This internal perspective is adopted not only for virtuous reasons, but also in defense of definitely not universal European interests. The institutional dimension refers to the Court’s position within the EU structure of governance. The case-law concerning international law is marked by a close alignment with the European Commission and the integration of the EU goals in external relations. Moreover, the pluralist veil can cover the extent to which the Court’s decisions concerning international law are influenced by considerations completely internal to the EU.
In my analysis I proceed in three steps that are reflected in three chapters of the thesis. There is no clear and prevalent definition of judicial activism, but instead rather multiple possibilities of approaching the concept. While the general intend of the research project is to critically reflect on the concept of judicial activism of the highest courts within a legal order, the particular focus will be on the CJEU dealing with international law. I proceed in three steps. First, I assess different understandings of the role of the judge and the concept of judicial activism in legal literature in view of ascertaining the relevance of the debate and distilling some general components of a possible definition. Secondly, I identify the factors particular for the position of the CJEU within the EU legal order and with regard to international law. The particular characteristics of the CJEU result in a limited applicability of the general definitions of judicial activism. Finally, I analyze the case-law in view of identifying examples as well as counter-examples of the particular symptoms/attributes. Because judicial activism broadens the scope of the factors guiding judicial decision-making, it enables us to better understand the contingencies in the Court´s jurisprudence.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Livres sur le sujet "Judicial process – European Union countries"
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The effects of judicial decisions in time. Cambridge, United Kingdom : Intersentia Publishing, 2014.
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Alan, Dashwood, et Johnston Angus Charles, dir. The future of the judicial system of the European Union. Oxford [England] : Hart Pub., 2001.
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1946-, Mossman Kenneth L., dir. Arbitrary and capricious : The precautionary principle in the European Union courts. Washington, D.C : AEI Press, 2004.
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Evas, Tatjana. Judicial application of European Union law in post-communist countries : The cases of Estonia and Latvia. Farnham, Surrey, England : Ashgate Pub. Company, 2012.
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Linguistic diversity and European democracy. Farnham, Surrey, England : Ashgate Pub., 2010.
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European Court of Justice legal reasoning in context. Groningen : Europa Law Publishing, 2013.
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The limits of legal reasoning and the European Court of Justice. Cambridge : Cambridge University Press, 2012.
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Orla, Sheehy, et Cavada Jean-Marie, dir. Panorama of judicial systems in the European Union. Bruxelles : Bruylant, 2008.
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Bright, Christopher. The EU : Understanding the Brussels process. Chichester : J. Wiley, 1995.
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Archer, Clive. The European Union : Structure and process. 2e éd. London : Pinter, 1996.
Trouver le texte intégralChapitres de livres sur le sujet "Judicial process – European Union countries"
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Lavrač, Vladimir. « Inclusion of Central European Countries in the European Monetary Integration Process ». Dans Inclusion of Central European Countries in the European Monetary Union, 105–18. Boston, MA : Springer US, 1999. http://dx.doi.org/10.1007/978-1-4615-5073-0_6.
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Duff, Andrew. « The Judiciary ». Dans Constitutional Change in the European Union, 57–68. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-10665-1_5.
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AbstractThe European Court of Justice plays a critical role in the integration process. National constitutional courts have to come to terms with the primacy and direct effect of EU law. Current restrictions on the judicial authority of the Court should be lifted. The Charter of Fundamental Rights has potential yet to be reached. Only full respect for the rule of law will allow the European Court of Justice to evolve into a federal supreme court, with wider access for the citizen on appeal.
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Kouba, Luděk. « A Lesson for the Contemporary European Periphery from the Transition Process of the CEE Countries ». Dans Competitiveness, Social Inclusion and Sustainability in a Diverse European Union, 163–78. Cham : Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-17299-6_9.
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Beger, Paula. « Party Rhetoric and Action Compared : Examining Politicisation and Compliance in the Field of Asylum and Migration Policy in the Czech Republic and Hungary ». Dans Palgrave Studies in European Union Politics, 137–56. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_6.
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Abstract Since the European refugee crisis 2015, the rather bureaucratic asylum and migration policy has become a highly politicised issue in ECE countries. The politicisation process started while political parties were involved with the policy. However, many studies have ignored the practice of executives’ and administrations’ action in this domain and knowledge of whether this public anti-EU rhetoric really resulted in non-compliance, therefore, remains limited. This chapter interlinks politicisation and non-compliance research in a comparative case study of Hungary and the Czech Republic. While combining findings of expert interviews, data on party manifestos and infringement procedures, it concludes that the partial politicisation did not lead to broader non-compliance in the Czech case, whereas the governmental-led politicisation in Hungary resulted in non-compliance. This difference is explained by the fact that in Hungary, the asylum-related administration, like other bureaucratic fields, has become increasingly re-politicised during the last decade.
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Malacka, Michal. « Sharia – Conflict of Law and Culture in the European Context ». Dans Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno : Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.
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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.
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Verney, Susannah, et Dimitris Katsikas. « Eurozone Crisis Management and the Growth of Opposition to European Integration ». Dans Financial Crisis Management and Democracy, 251–64. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54895-7_16.
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AbstractThe crisis that started in Greece in 2010 gradually spread to other Eurozone member states. Things were worse for the crisis-hit countries of the Eurozone periphery, some of which implemented harsh adjustment programmes in the context of financial assistance agreements, while others adopted similar policies even though they had not officially entered a bailout agreement (e.g. Spain and to a lesser degree Italy). In this environment of deteriorating material conditions, Euroscepticism reached new heights. This chapter examines the impact of the crisis, and the way it was handled, on regionalism in Europe, through its effects on Euroscepticism. The authors compare Eurobarometer data from European Union (EU) member states, in order to develop a comparative outlook on attitudes towards European integration during the crisis. The analysis employs data at discreet time intervals, in order to capture the evolution of attitudes from the pre-crisis environment in 2008, to the peak of the crisis in 2012, its gradual resolution in 2016 and its official ending (with the exit of Greece from its third bailout programme) in 2018. This analysis is complemented by an overview of the political developments in crisis-hit countries with the objective of documenting and analysing the emergence and, in some cases, dominance of Eurosceptic parties. The objective is to present a comprehensive overview of political developments and the public attitudes that shaped them, vis a vis the EU, during the crisis and offer a tentative conclusion on their impact on the European integration process.
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Ziller, Jacques. « European Union Member States and Other European Countries ». Dans Judicial Review of Administration in Europe, 307–15. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0019.
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This chapter focuses on the relevance of a distinction between European Union (EU) Member States on the one hand and non-EU member states on the other when trying to identify the common core of the law regarding judicial review of administrations in Europe. It begins by looking at how EU membership impacts on the issues of substance and process in the Member States' laws of judicial review of administration. The chapter then considers how the differences and similarities between EU Member States can be interpreted. It also studies the cases of Switzerland and Ukraine in greater detail. There is very little commonality between Ukraine and Switzerland, apart from the fact that both countries are Members of the Council of Europe (CoE) and thus parties to the European Convention on Human Rights (ECHR), and that they are not members of the EU, which might be an especially good reason to compare them.
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Lapiashvili, Nino. « Application of the EU-Georgia Association Agreement by the Georgian Judiciary : A Role Unplayed by the Inert and Under-Reformed Courts ». Dans Eastern Partnership : The Role and Significance in the Process of Transformation of the Countries of Eastern Europe and the South Caucasus, 141–56. Ksiegarnia Akademicka Publishing, 2021. http://dx.doi.org/10.12797/9788381386425.09.
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This paper analyses the association implementation reports for the purposes of tracking Brussels’ perception of judicial reform in Georgia. It argues that since the signing of the Association Agreement (AA), as the initial excitement dissipated the European Union gradually became more critical and open-eyed to the long-standing problem of the underreformed judiciary, which is among the main obstacles to consolidating democratic institutions in the country. In addition, the case law of the common courts (Supreme Court of Georgia and Appellate Court of Georgia) as well as of the Constitutional Court of Georgia is being reviewed in order to demonstrate that most of the attempts of either litigants, or the authors of amicus curie or the lower courts aimed at facilitation of the effective implementation of Association Agreement via the ‘pro-European’ judicial activism had been neglected and ignored by the Georgian judiciary ranking superior in the hierarchy. In conclusion, the article does not maintain that there is a direct link between the apparently blind eye turned by Brussels towards the Georgian Judiciary and the total inertness of the judicial branch, discussed in the second chapter, in promoting the implementation of the AA via its application during the decision-making process . However, it provides a context for the stakeholders that is necessary enough to remain focused on reasons that might cause dramatic democratic backsliding in the future.
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McClean, David. « Judicial Cooperation : Resolving the Differing Approaches ». Dans Diversity and Integration in Private International Law, 128–43. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474447850.003.0009.
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This chapter looks at two aspects of international judicial co-operation: service of process abroad and the taking evidence abroad. Common law and civil law traditions have very different approaches. Common law countries see both as matters for the parties, with only limited assistance from State authorities. Civil law countries see them as matters for State action and see direct action by agents of the parties as an interference with their judicial sovereignty. The approaches have been successfully reconciled in two Hague Conventions and two European Union Regulations which build on the experience under the Hague instruments. The developments have seen as move from slow and very formal procedures to more informal approaches, direct contact between actors in the two States replacing elaborate procedures involving both courts and diplomatic personnel. More recently this new approach has expressed itself in the creation of judicial networks and liaison magistrates, with direct communication between judges in different States.
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Karan, Ulaş. « The Impact of the Court of Justice of the European Union on the Turkish Legal System ». Dans The Impact of the European Court of Justice on Neighbouring Countries, 115–40. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0006.
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This chapter explores whether the case law of the Court of Justice of the European Union (CJEU) produces any impact on the Turkish legal system and, if so, its possible underlying causes. Protection of intellectual, industrial, and commercial property rights, competition, trade defence instruments, government procurement, direct and indirect taxation have been regarded as the main areas of ‘approximation of legislation’. Accordingly, laws adopted mostly in the past three decades show that the influence of EU law is valid only in certain fields of law, such as intellectual property law, labour law, and competition law, and this is also where we find most CJEU citations. This influence forms part of the EU accession process, which requires Turkey to harmonize its laws with the acquis. According to the research, despite the existence of a long-standing accession process and legislation based on the acquis in certain fields of law, on the whole, the Turkish judiciary does not seem committed to follow EU law in general or CJEU jurisprudence in particular.
Actes de conférences sur le sujet "Judicial process – European Union countries"
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Kamber, Krešimir, et Lana Kovačić Markić. « ADMINISTRATION OF JUSTICE DURING THE COVID-19 PANDEMIC AND THE RIGHT TO A FAIR TRIAL ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18363.
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On 11 March 2020 the World Health Organization announced the Covid-19 (coronavirus) to be a pandemic. To combat the pandemic, many countries had to adopt emergency measures and some of these measures have affected the judicial system, especially the functioning of courts. The pandemic has been characterised as far as the judiciary is concerned by complete or partial closure of court buildings for the parties and for the public. It is clear that the functioning of national judicial systems has been severely disrupted. This limited functioning of courts impacted the individuals’ right to a fair trial guaranteed, in particular, under Article 6 of the European Convention on Human Rights. The aim of this article is to examine the manner of the administration of justice during the Covid pandemic and its impact on the due process guarantees. Focus is put on the extent to which different Covid measures, in particular remote access to justice and online hearings have impacted the guarantees of the right to a fair trial and the due process guarantees in general, notably in detention cases. In this connection, the article provides a comparative overview of the functioning of the European legal systems during the pandemic. It also looks into the way in which the two European courts – the European Court of Human Rights and the Court of Justice of the European Union functioned, as well as the way in which the Croatian courts, including the Constitutional Court, organised their work during the pandemic. The article then provides an insight into the issue of online/remote hearings in the case-law of the European Court of Human Rights and in the Croatian Constitutional Court’s case-law. On the basis of this assessment, the article identifies the differences in the use of remote/online hearings between and within jurisdictions. In conclusion, the article points to some critical considerations that should be taken into account when devising the manner in which any Covid pandemic experience with the administration of justice (notably with regard to remote/online hearings) can be taken forward.
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Bodul, Dejan. « WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES ? » Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.
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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.
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Ballı, Esra, et Gülçin Güreşçi Pehlivan. « Economic Effects of European Neighborhood Policy on Countries ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00777.
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After the fifth enlargement of European Union in 2004 and with the expansion of European Unions borders and new neighbors, it became one of the important policies to provide security, stability and prosperity, and develop relationship between neighborhood countries. Although, enlargement process provide some opportunities to the member states of European Union, it brings about some difficulties. The differences at the life standards, environment, public health, prevention and combating organized crime between European Union and neighbor countries caused to create new policies. European Neighborhood Policy was launched in 2004, and consists of 16 countries, namely: Israel, Jordan, Moldova, Morocco, The Palestinian Authority, Tunisia, Ukraine, Armenia, Azerbaijan, Egypt, Georgia, Lebanon, Algeria, Syria, Libya and Belarus. European Union and the partner country sign the Partnership and Cooperation Agreements or Association Agreements, and then the Agreement Action Plans are mutually adapted. Action Plans include privileged relationship, mutual commitment to common values, democracy and human rights, legal and market economy principles, good governance, sustainable development, energy and transportation policies. Within the framework of European Neighborhood Policy, the main aim is to arrange the relationship between the neighbors of European Union. In this study, economic effects of the European Neighborhood Policy will be examined for the relevant countries.
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Silvestru, Ramona camelia, Elena Prada et Catalin ionut Silvestru. « CONVERGENCE CLUB OF ONLINE EDUCATION IN EUROPEAN UNION ». Dans eLSE 2016. Carol I National Defence University Publishing House, 2016. http://dx.doi.org/10.12753/2066-026x-16-160.
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Education has a major role regarding human development and society, being the main resource of growth of a country. Along with the technological evolution and changes, education has gained other dimensions, as internet brings together. In this paper we aim to study if there are influences of the digital skills and access to technology on the education development and convergence in the European Union Countries. The method applied is based on convergence clubs principle: a group of countries tend to have similar tendencies regarding a specific characteristic. Considering that the European Union states may form clusters of countries with a specific characteristic based on the expenditures together with the internet use. On the clusters resulted we employ an econometric model that takes into consideration aspects as: influences on how European countries converge in terms of access to internet and technology of households, and stimulation of educational convergence in European Union. Another aspect of our research is to point out the need of investments in all education and training forms in such a way that we can assure that the people that are attending this process will be more efficient and their effectiveness will raise as a consequence of improved skills and competences that are meeting rapidly the needs of the labor market. This process of education and training will allow the individuals to achieve the knowledge, skills and competences through the usage of the ELearnings platforms that enables them to grow and to influence their situations, by broadening their perspectives, equipping people favorably for their future lives.
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Burksaitiene, Daiva, et Kristina Garskaite-Milvydiene. « Cross-Border Mergers and Acquisitions Factors in Joining the European Union Countries ». Dans Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.076.
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Mergers and acquisitions (M&As) are increasingly being used in the business world, and this process plays an important role in economic theory and lays the foundations for sustainable business development. The global recovery in foreign direct investment (FDI) was strong in 2015, with global FDI flows jumping by 38%, their highest level since the global economic and financial crisis of 2008–2009. A surge in cross-border M&As to $721 billion, from $432 billion in 2014, was the principal factor behind the global rebound. These M&As were partly driven by very large corporate reconfigurations by multinational enterprises (MNEs), i.e. changes in legal or ownership structures, including shifting their headquarters for strategic reasons and tax inversions. This paper examines the key M&As stimulating strategic objectives and causes, and ways of this process, as well as the cross-border M&As market activity. The objective of this paper is to identify ways, purposes and reasons of M&As transactions, and to present the factors influencing this process and market activity. The object of this research is the M&As transactions market. Research methodology of this paper is based on scientific literature and statistical information systematic, comparative, logical and econometric analysis.
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Yankov, Nikola. « A Vision Re Trans Meridian Connectivity of Eastern European Union Countries (EEUC) ». Dans G.I.D.T.P. 2019 - Globalization, Innovation and Development, Trends and Prospects 2019. LUMEN Publishing, 2022. http://dx.doi.org/10.18662/lumproc/gidtp2022/24.
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In this article we discuss the Eastern European Union Countries (EEUC) issue of the European contenentalisation/re-continentalisation process. We point out how the tracing, projecting and realizing of Trans continental meridian transportation corridors and axes could facilitate the development of peripheric and marginalized regions. The article is presenting a view (vision) regarding the Trans meridian transport connectivity of Eastern European Union countries and in particular – Bulgaria and Romania. It states that concrete transport corridors axes, sub axes and corridors are an important tool for integrated and joint development (economic, social, ecologic) of some less developed regions in the mentioned countries. The article also pointed out that it is needed Transportation grid innovation that make the regional development to happen. They affect the Balkan Peninsula Transport Grid vision with parallel and meridian axes and corridors.
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Ay, Ahmet, Fatih Ayhan et Mustafa Gerçeker. « Analyzing the Free Movement of Goods Principle in European Union ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01419.
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In this paper, it will be analyzed the free movement of goods principle’s progress in European Union. This principle have special importance for all countries not only EU members. Because of globalisation’s effects, all countries have to open their boundaries to all over the World. Thus the free movement of goods affects almost all countries. Free movement of goods principle is achieved a successful progress in EU case. In this paper, we will try to show this principle’s success in EU agreements, regulations, settlements and peaks. Not only in EU, but also all open economies are getting extra benefit from trade. Free movement of goods is a part of international trade and also first step of EU integration process. Followings steps are consisting of free movement of capitals, services and human. In this paper, we’ll show the meaning and importance of this principle and its historical progress in EU. And also it will be analyzed to basic drawback, preventions, and exceptions of this principle.
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Tufaner, Mustafa Batuhan, Hasan Boztoprak et İlyas Sözen. « An Alternative to The European Customs Union for Turkey in The Framework of Economic Integration Theory : Eurasian Customs Union ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c09.01957.
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The liberalization policies begun after 1980 and globalization process bring with new economic associations and trade blocs among countries. The European Customs Union which established to improve economic relations and to make the political integration possible after World War II, reached large trade capacity today. On the other hand, the Post-Soviet countries that followed similar way like European ones established Eurasian Customs Union under the leadership of Kazakhstan, Belarus and Russia. The advantage of European Customs Union for Turkey which became a member of it in 1995 is still discussed. From this viewpoint the study aims to answer a question that Eurasian Customs Union can be an alternative to European Customs Union for Turkey in point of trade capacity. The aim of the study is to discuss the possibility of the Eurasian Customs Union and to compare it with the European Customs Union in which Turkey is involved. In this context, at first, the conceptual framework about the subject will be discussed and European Customs Union and Turkey relations will be examined. After, the current situation of the Eurasian region will be analyzed and the possibility of the Eurasian Customs Union will be discussed. And, which customs union will be more advantageous in terms of Turkey will be examined by VAR analysis.
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Munteanu, Paula, et Laurenţiu Ciornei. « Social Inequality and Solutions to Sustainable Development in the European Union ». Dans International Conference Innovative Business Management & Global Entrepreneurship. LUMEN Publishing, 2020. http://dx.doi.org/10.18662/lumproc/ibmage2020/43.
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Although the process of accession to the European Union supposed the fulfillment of certain conditions, called the “Coopenhagen Criteria”, although there were economic, social and cultural differences, the fact that accession was based on democratic impulses determined development to evolve differently. Differences between countries have intensified over time, being determined by the fact that not all EU countries are in the Eurozone or in the Schengen area. Romania has not been able to raise the living standards of its citizens since its accession to the European Union. Although the number of employed people has increased, one-fifth of them remain poor. This shows that the measures taken so far have not been effective or sustainable. In order to understand the effects on sustainable development that Romania could fully feel in this difficult period that the world is going through as a result of the pandemic generated by Covid-19, in this analysis we considered the global assessment of social disparities in conjunction with the particularities of the "multi-speed" European Union. Results show that Romania is struggling with a social situation inferior to the Member States, and, without concrete measures to recover and counteract, social inequality will continue to deepen.
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ÖZTÜRK, YUSUF KEMAL, et Selami Sedat Akgöz. « European Union’s Expansion and Globalization Strategies : A Special Investigation on Poland ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00503.
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During the development process, particularly Middle and Eastern European Countries have increasingly integrated into the Union economy while parliaments, governments, public and private sectors have put forth significant effort to prepare for membership to European Union. European Union, on the other hand, prepared a financial framework in 1989 to actively support such efforts. Thus the Union financial and institutional regulations were realized to finance the process of transition to market economy. In this regard, Poland has quickly completed the necessary steps for harmonization and accelerated its efforts towards this goal. Following the radical change Poland experienced after 1989, the process of democratization and transition to open market economy. In our study we compared and investigated Poland economic and political situation before joining European Union, with the developments during the harmonization process and its economic structure today. In this process, it will be appropriate to take a look at Poland recent political and economic life as well as the reasons as to why Poland is an important state for Europe.
Rapports d'organisations sur le sujet "Judicial process – European Union countries"
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Bourrier, Mathilde, Michael Deml et Farnaz Mahdavian. Comparative report of the COVID-19 Pandemic Responses in Norway, Sweden, Germany, Switzerland and the United Kingdom. University of Stavanger, novembre 2022. http://dx.doi.org/10.31265/usps.254.
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The purpose of this report is to compare the risk communication strategies and public health mitigation measures implemented by Germany, Norway, Sweden, Switzerland, and the United Kingdom (UK) in 2020 in response to the COVID-19 pandemic based on publicly available documents. The report compares the country responses both in relation to one another and to the recommendations and guidance of the World Health Organization where available. The comparative report is an output of Work Package 1 from the research project PAN-FIGHT (Fighting pandemics with enhanced risk communication: Messages, compliance and vulnerability during the COVID-19 outbreak), which is financially supported by the Norwegian Research Council's extraordinary programme for corona research. PAN-FIGHT adopts a comparative approach which follows a “most different systems” variation as a logic of comparison guiding the research (Przeworski & Teune, 1970). The countries in this study include two EU member States (Sweden, Germany), one which was engaged in an exit process from the EU membership (the UK), and two non-European Union states, but both members of the European Free Trade Association (EFTA): Norway and Switzerland. Furthermore, Germany and Switzerland govern by the Continental European Federal administrative model, with a relatively weak central bureaucracy and strong subnational, decentralised institutions. Norway and Sweden adhere to the Scandinavian model—a unitary but fairly decentralised system with power bestowed to the local authorities. The United Kingdom applies the Anglo-Saxon model, characterized by New Public Management (NPM) and decentralised managerial practices (Einhorn & Logue, 2003; Kuhlmann & Wollmann, 2014; Petridou et al., 2019). In total, PAN-FIGHT is comprised of 5 Work Packages (WPs), which are research-, recommendation-, and practice-oriented. The WPs seek to respond to the following research questions and accomplish the following: WP1: What are the characteristics of governmental and public health authorities’ risk communication strategies in five European countries, both in comparison to each other and in relation to the official strategies proposed by WHO? WP2: To what extent and how does the general public’s understanding, induced by national risk communication, vary across five countries, in relation to factors such as social capital, age, gender, socio-economic status and household composition? WP3: Based on data generated in WP1 and WP2, what is the significance of being male or female in terms of individual susceptibility to risk communication and subsequent vulnerability during the COVID-19 outbreak? WP4: Based on insight and knowledge generated in WPs 1 and 2, what recommendations can we offer national and local governments and health institutions on enhancing their risk communication strategies to curb pandemic outbreaks? WP5: Enhance health risk communication strategies across five European countries based upon the knowledge and recommendations generated by WPs 1-4. Pre-pandemic preparedness characteristics All five countries had pandemic plans developed prior to 2020, which generally were specific to influenza pandemics but not to coronaviruses. All plans had been updated following the H1N1 pandemic (2009-2010). During the SARS (2003) and MERS (2012) outbreaks, both of which are coronaviruses, all five countries experienced few cases, with notably smaller impacts than the H1N1 epidemic (2009-2010). The UK had conducted several exercises (Exercise Cygnet in 2016, Exercise Cygnus in 2016, and Exercise Iris in 2018) to check their preparedness plans; the reports from these exercises concluded that there were gaps in preparedness for epidemic outbreaks. Germany also simulated an influenza pandemic exercise in 2007 called LÜKEX 07, to train cross-state and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007). In 2017 within the context of the G20, Germany ran a health emergency simulation exercise with WHO and World Bank representatives to prepare for potential future pandemics (Federal Ministry of Health et al., 2017). Prior to COVID-19, only the UK had expert groups, notably the Scientific Advisory Group for Emergencies (SAGE), that was tasked with providing advice during emergencies. It had been used in previous emergency events (not exclusively limited to health). In contrast, none of the other countries had a similar expert advisory group in place prior to the pandemic. COVID-19 waves in 2020 All five countries experienced two waves of infection in 2020. The first wave occurred during the first half of the year and peaked after March 2020. The second wave arrived during the final quarter. Norway consistently had the lowest number of SARS-CoV-2 infections per million. Germany’s counts were neither the lowest nor the highest. Sweden, Switzerland and the UK alternated in having the highest numbers per million throughout 2020. Implementation of measures to control the spread of infection In Germany, Switzerland and the UK, health policy is the responsibility of regional states, (Länders, cantons and nations, respectively). However, there was a strong initial centralized response in all five countries to mitigate the spread of infection. Later on, country responses varied in the degree to which they were centralized or decentralized. Risk communication In all countries, a large variety of communication channels were used (press briefings, websites, social media, interviews). Digital communication channels were used extensively. Artificial intelligence was used, for example chatbots and decision support systems. Dashboards were used to provide access to and communicate data.
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Monetary Policy Report - July 2022. Banco de la República, octobre 2022. http://dx.doi.org/10.32468/inf-pol-mont-eng.tr3-2022.
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In the second quarter, annual inflation (9.67%), the technical staff’s projections and its expectations continued to increase, remaining above the target. International cost shocks, accentuated by Russia's invasion of Ukraine, have been more persistent than projected, thus contributing to higher inflation. The effects of indexation, higher than estimated excess demand, a tighter labor market, inflation expectations that continue to rise and currently exceed 3%, and the exchange rate pressures add to those described above. High core inflation measures as well as in the producer price index (PPI) across all baskets confirm a significant spread in price increases. Compared to estimates presented in April, the new forecast trajectory for headline and core inflation increased. This was partly the result of greater exchange rate pressure on prices, and a larger output gap, which is expected to remain positive for the remainder of 2022 and which is estimated to close towards yearend 2023. In addition, these trends take into account higher inflation rate indexation, more persistent above-target inflation expectations, a quickening of domestic fuel price increases due to the correction of lags versus the parity price and higher international oil price forecasts. The forecast supposes a good domestic supply of perishable foods, although it also considers that international prices of processed foods will remain high. In terms of the goods sub-basket, the end of the national health emergency implies a reversal of the value-added tax (VAT) refund applied to health and personal hygiene products, resulting in increases in the prices of these goods. Alternatively, the monetary policy adjustment process and the moderation of external shocks would help inflation and its expectations to begin to decrease over time and resume their alignment with the target. Thus, the new projection suggests that inflation could remain high for the second half of 2022, closing at 9.7%. However, it would begin to fall during 2023, closing the year at 5.7%. These forecasts are subject to significant uncertainty, especially regarding the future behavior of external cost shocks, the degree of indexation of nominal contracts and decisions made regarding the domestic price of fuels. Economic activity continues to outperform expectations, and the technical staff’s growth projections for 2022 have been revised upwards from 5% to 6.9%. The new forecasts suggest higher output levels that would continue to exceed the economy’s productive capacity for the remainder of 2022. Economic growth during the first quarter was above that estimated in April, while economic activity indicators for the second quarter suggest that the GDP could be expected to remain high, potentially above that of the first quarter. Domestic demand is expected to maintain a positive dynamic, in particular, due to the household consumption quarterly growth, as suggested by vehicle registrations, retail sales, credit card purchases and consumer loan disbursement figures. A slowdown in the machinery and equipment imports from the levels observed in March contrasts with the positive performance of sales and housing construction licenses, which indicates an investment level similar to that registered for the first three months of the year. International trade data suggests the trade deficit would be reduced as a consequence of import levels that would be lesser than those observed in the first quarter, and stable export levels. For the remainder of the year and 2023, a deceleration in consumption is expected from the high levels seen during the first half of the year, partially as a result of lower repressed demand, tighter domestic financial conditions and household available income deterioration due to increased inflation. Investment is expected to continue its slow recovery while remaining below pre-pandemic levels. The trade deficit is expected to tighten due to projected lower domestic demand dynamics, and high prices of oil and other basic goods exported by the country. Given the above, economic growth in the second quarter of 2022 would be 11.5%, and for 2022 and 2023 an annual growth of 6.9% and 1.1% is expected, respectively. Currently, and for the remainder of 2022, the output gap would be positive and greater than that estimated in April, and prices would be affected by demand pressures. These projections continue to be affected by significant uncertainty associated with global political tensions, the expected adjustment of monetary policy in developed countries, external demand behavior, changes in country risk outlook, and the future developments in domestic fiscal policy, among others. The high inflation levels and respective expectations, which exceed the target of the world's main central banks, largely explain the observed and anticipated increase in their monetary policy interest rates. This environment has tempered the growth forecast for external demand. Disruptions in value chains, rising international food and energy prices, and expansionary monetary and fiscal policies have contributed to the rise in inflation and above-target expectations seen by several of Colombia’s main trading partners. These cost and price shocks, heightened by the effects of Russia's invasion of Ukraine, have been more prevalent than expected and have taken place within a set of output and employment recovery, variables that in some countries currently equal or exceed their projected long-term levels. In response, the U.S. Federal Reserve accelerated the pace of the benchmark interest rate increase and rapidly reduced liquidity levels in the money market. Financial market actors expect this behavior to continue and, consequently, significantly increase their expectations of the average path of the Fed's benchmark interest rate. In this setting, the U.S. dollar appreciated versus the peso in the second quarter and emerging market risk measures increased, a behavior that intensified for Colombia. Given the aforementioned, for the remainder of 2022 and 2023, the Bank's technical staff increased the forecast trajectory for the Fed's interest rate and reduced the country's external demand growth forecast. The projected oil price was revised upward over the forecast horizon, specifically due to greater supply restrictions and the interruption of hydrocarbon trade between the European Union and Russia. Global geopolitical tensions, a tightening of monetary policy in developed economies, the increase in risk perception for emerging markets and the macroeconomic imbalances in the country explain the increase in the projected trajectory of the risk premium, its trend level and the neutral real interest rate1. Uncertainty about external forecasts and their consequent impact on the country's macroeconomic scenario remains high, given the unpredictable evolution of the conflict between Russia and Ukraine, geopolitical tensions, the degree of the global economic slowdown and the effect the response to recent outbreaks of the pandemic in some Asian countries may have on the world economy. This macroeconomic scenario that includes high inflation, inflation forecasts, and expectations above 3% and a positive output gap suggests the need for a contractionary monetary policy that mitigates the risk of the persistent unanchoring of inflation expectations. In contrast to the forecasts of the April report, the increase in the risk premium trend implies a higher neutral real interest rate and a greater prevailing monetary stimulus than previously estimated. For its part, domestic demand has been more dynamic, with a higher observed and expected output level that exceeds the economy’s productive capacity. The surprising accelerations in the headline and core inflation reflect stronger and more persistent external shocks, which, in combination with the strength of aggregate demand, indexation, higher inflation expectations and exchange rate pressures, explain the upward projected inflation trajectory at levels that exceed the target over the next two years. This is corroborated by the inflation expectations of economic analysts and those derived from the public debt market, which continued to climb and currently exceed 3%. All of the above increase the risk of unanchoring inflation expectations and could generate widespread indexation processes that may push inflation away from the target for longer. This new macroeconomic scenario suggests that the interest rate adjustment should continue towards a contractionary monetary policy landscape. 1.2. Monetary policy decision Banco de la República’s Board of Directors (BDBR), at its meetings in June and July 2022, decided to continue adjusting its monetary policy. At its June meeting, the BDBR decided to increase the monetary policy rate by 150 basis points (b.p.) and its July meeting by majority vote, on a 150 b.p. increase thereof at its July meeting. Consequently, the monetary policy interest rate currently stands at 9.0% . 1 The neutral real interest rate refers to the real interest rate level that is neither stimulative nor contractionary for aggregate demand and, therefore, does not generate pressures that lead to the close of the output gap. In a small, open economy like Colombia, this rate depends on the external neutral real interest rate, medium-term components of the country risk premium, and expected depreciation. Box 1: A Weekly Indicator of Economic Activity for Colombia Juan Pablo Cote Carlos Daniel Rojas Nicol Rodriguez Box 2: Common Inflationary Trends in Colombia Carlos D. Rojas-Martínez Nicolás Martínez-Cortés Franky Juliano Galeano-Ramírez Box 3: Shock Decomposition of 2021 Forecast Errors Nicolás Moreno Arias