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1
Solovei, A. « Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries ». Uzhhorod National University Herald. Series : Law 1, no 72 (16 novembre 2022) : 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
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Economou, Athina, et Iacovos N. Psarianos. « Revisiting Okun’s Law in European Union countries ». Journal of Economic Studies 43, no 2 (9 mai 2016) : 275–87. http://dx.doi.org/10.1108/jes-05-2013-0063.
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Purpose – The purpose of this paper is to examine Okun’s Law in European countries by distinguishing between the transitory and the permanent effects of output changes upon unemployment and by examining the effect of labor market protection policies upon Okun’s coefficients. Design/methodology/approach – Quarterly data for 13 European Union countries, from the second quarter of 1993 until the first quarter of 2014, are used. Panel data techniques and Mundlak decomposition models are estimated. Findings – Okun’s Law is robust to alternative specifications. The effect of output changes to unemployment rates is weaker for countries with increased labor market protection expenditures and it is more persistent for countries with low labor market protection. Originality/value – The paper provides evidence that the permanent effect of output changes upon unemployment rates is quantitatively larger than the transitory impact. In addition, it provides evidence that increased labor market protection mitigates the adverse effects of a decrease in output growth rate upon unemployment.
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Kavelaars, Peter. « The foreign countries of the European Union ». EC Tax Review 16, Issue 6 (1 décembre 2007) : 268–73. http://dx.doi.org/10.54648/ecta2007044.
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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich et Aleksey Valerievich Sereda. « The EU law and the law of third countries : problems of interaction ». SHS Web of Conferences 118 (2021) : 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Lubis, Syaravina. « Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations ». Journal of Law Science 4, no 1 (30 janvier 2022) : 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
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The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
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Rodríguez-Gulías, María Jesús, Vítor Manuel de Sousa Gabriel et David Rodeiro-Pazos. « Effects of governance on entrepreneurship : European Union vs non-European Union ». Competitiveness Review : An International Business Journal 28, no 1 (15 janvier 2018) : 43–57. http://dx.doi.org/10.1108/cr-06-2016-0035.
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Purpose The purpose of this paper is to analyse the effect of six governance indicators on the rate of creation of new companies between countries that are members of the European Union (EU) and those that are not. H1 states that the various dimensions of governance help to explain the immediate creation of new businesses in European and non-European countries. H2 states that the various dimensions of governance help to explain the deferred creation of new businesses in European and non-European countries. Design/methodology/approach The paper uses two types of analyses: firstly, univariate analysis, which is a descriptive statistics of the dependent, independent and control variables, and the results of a t-test; and secondly, multivariate analysis, which estimates using the fixed-effects estimator under the specifications previously raised for the subsample of 28 EU countries and for the subsample of 103 non-EU countries during the period 2004-2014. Findings The results show that the variables of governance are not significantly higher in the EU, although the density of the enterprises is. Within the governance indicators, government effectiveness is significant in the EU. The results obtained for the EU confirmed H1and H2, with a significant positive effect of government effectiveness on entrepreneurship, while the other governance variables were not significant in the EU subsample. The results obtained for non-EU countries suggest no significant immediate effects (H1) and a slightly significant delayed effect of rule of law on the entrepreneurship (H2) concerned. Research limitations/implications Future research in this area could consider introducing another regional division or other types of methodology as variables affect models. Practical implications Governance can be defined as the ability of a government and its public institutions to provide services and design, and implement rules, which is a factor that affects the creation of new companies. However, the effect of governance could differ depending on the country and its economic environment. This paper analyses the effect of six governance indicators on the rate of creation of new companies considering two different geographic regions as countries are presumably heterogeneous. Therefore, these results indicate that the effect of governance variables on entrepreneurship differs according to the region. Social implications The effect of governance variables on entrepreneurship according to the region is also known. Originality/value This study applied panel data analysis to two samples of countries during the period 2004-2014, one formed by 28 countries of the EU and the other by 103 non-EU countries. No other paper considers this number of countries for this period. To assess the impact of governance on the creation of new companies, this paper considered the existence of immediate and deferred effects of governance on entrepreneurship.
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Schutte, Camilo B. « Spain Tribunal Constitucional on the European Constitution. Declaration of 13 December 2004 ». European Constitutional Law Review 1, no 2 (19 mai 2005) : 281–92. http://dx.doi.org/10.1017/s1574019605002816.
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When thinking about the integration of the European sovereign states in the European Union, one does not need to be a euro-sceptic to perceive a big fish devouring little fish. Of course, the individuality of the different countries is assured in the European Union. Article I-5(1) of the European Constitution establishes that the Union shall respect their national identities inherent in their fundamental structures, political and constitutional, and their essential state functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. Europe is to be ‘United in diversity’. Yet, however considerate the Union may be of the various European countries, unity can exist only by the grace of all member states' loyally fulfilling their European obligations.
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Křepelka, Filip. « Dominance of English in the European Union and in European Law ». Studies in Logic, Grammar and Rhetoric 38, no 1 (1 septembre 2014) : 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Bianco, Giuseppe. « European Unions Investment Agreements and Public Debt ». European Business Law Review 28, Issue 2 (1 avril 2017) : 119–33. http://dx.doi.org/10.54648/eulr2017010.
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The on-going global financial crisis has hit Europe in an especially significant manner. With the legal vacuum surrounding sovereign debt restructurings, Bilateral Investment Treaties (BITs) and Free Trade Agreements (FTAs) signed by European countries can provide grounds for litigation in future debt crises. The sovereign debt crisis in the heart of the Eurozone has materialized such dangers, and has had an impact on the European Union’s strategy as an actor in international investment. The problems experienced by Argentina before the ICSID have made European countries more aware of the potential hidden in their BITs. This has in turn led to a careful drafting of the CETA and the TTIP, and potentially of all the other major FTAs to follow.
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Makhamataminovich, Makhamatov Mahmud. « FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION ». American Journal of Political Science Law and Criminology 03, no 01 (1 janvier 2022) : 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.
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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.
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Medović, Vladimir. « Stabilization and association treaties in the law of the European Union ». Glasnik Advokatske komore Vojvodine 76, no 9 (2004) : 3–10. http://dx.doi.org/10.5937/gakv0402003m.
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The European Communities did not cease to exist after the foundation of the European Union by the Treaty of Mastricht in 1992. In fact, they act as pillars on which the European Union stands, together with the Police and Judicial Cooperation in Criminal Matters and Common Foreign and Security Policy. The European Union does not have the status of a legal entity or a capacity to enter into treaties with third countries or international organization. In both foreign and domestic proceedings it relies upon the institutions and instruments of the European Communities. The European Communities are autonomous in relation to the European Union and act in accordance with the rules contained in the foundation Treaties, which, however, make a constituent part of the Treaty on European Union. The foundation Treaties of the European Communities provide for a possibility for the Communities to enter into international treaties with third countries or international organizations. Stabilization and Association Treaties belong to the category of Association Treaties defined in Article 310 of the Treaty on European Union. Considering that these treaties regulate certain fields which belong to competence of the member states, the member states are usually parties to these treaties along with the European Communities. International treaties entered into between the European Communities and third countries are binding upon the Community institutions and upon member states. International treaties entered in this way are considered a part of Community law. Member states are bound to recognize such effects to these treaties as are provided in the Community law itself.
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Cyman, D., E. Gromova et E. Juchnevicius. « Regulation of Artificial Intelligence in BRICS and the European Union ». BRICS Law Journal 8, no 1 (11 avril 2021) : 86–115. http://dx.doi.org/10.21684/2412-2343-2021-8-1-86-115.
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Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.
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Nijaz, Musić. « FRAMEWORK FOCAL CONTACTS IN EUROPEAN PRIVATE INTERNATIONAL LAW AND EUROPEAN UNION PRIVATE INTERNATIONAL LAW ». Journal Human Research in Rehabilitation 6, no 1 (avril 2016) : 57–63. http://dx.doi.org/10.21554/hrr.041609.
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The paper describes the role and representation of framework focus contacts in private international law, and their function in collision regulation on determining the binding law in private law with an element of foreignness.The introduction provides a brief overview on the division of focus contacts and their representation in collision regulations in the contemporary private international law. It also lays out various solutions for the application of collision regulations in national legislations in certain European countries, such as: Austria, Germany, Switzerland, Poland, Italy, Macedonia, Slovenia, as well as the solutions offered by the European Union regulations and international conventions.
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Lasio, Diego, João Manuel De Oliveira et Francesco Serri. « Queering kinship, overcoming heteronorms ». Human Affairs 30, no 1 (28 janvier 2020) : 27–37. http://dx.doi.org/10.1515/humaff-2020-0003.
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AbstractAlthough same-sex couples and their offspring have been legitimised in many European countries, heteronormativity is still embedded in institutions and practices, thereby continuing to affect the daily lives of LGBT individuals. Italy represents a clear example of the hegemonic power of heteronormativity because of the fierce opposition to recognising lesbian and gay parenthood among many parts of society. This paper focuses on the peculiarities of the Italian scenario with the aim of highlighting how heteronormativity works in contemporary neoliberal contexts. By drawing on queer and feminist perspectives, the article also analyses how LGBT equal rights demands can contribute, to some extent, to reinforcing heteronormativity. Implications concerning strategies for challenging the regime of normality and queering kinship are discussed.
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van Rijn, Antoinette, et Edward Pechler. « Taxpayers' protection in five member countries of the European Union ». EC Tax Review 6, Issue 2 (1 juin 1997) : 116–20. http://dx.doi.org/10.54648/ecta1997017.
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Mukhametgareeva, Natalya, et Zylia Yusupova. « THE DEVELOPMENT OF ENVIRONMENTAL COOPERATION BETWEEN THE RUSSIAN FEDERATION AND THE EUROPEAN UNION BASED ON THE PARTNERSHIP AND COOPERATION AGREEMENT AND THE ROAD MAP ON THE COMMON ECONOMIC SPACE ». Вестник Института права Башкирского государственного университета 5, no 1 (29 avril 2022) : 55–61. http://dx.doi.org/10.33184/vest-law-bsu-2022.13.8.
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The Russian Federation and the European Union have urgent environmental issues that can be solved only by joint efforts. Russia actively works in cooperation with individual European countries and the European Union in this regard. The partnership between Russia and the European Union in the sphere of ecology is supported by the Partnership and Cooperation Agreement and the Road Map on the common economic space. The completion of such a treaty is very significant not only for the under question countries but for the whole continent.
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Smokvina, Vanja. « The specificity of some aspects of temporary agency work in Italy and Croatia ». Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no 4 (2019) : 1909–24. http://dx.doi.org/10.30925/zpfsr.39.4.16.
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The paper offers a short introduction into the legal framework of the Croatian and Italian labour law system with respect to agency work. The European Union legal framework, some of the most important cases of the Court of Justice of the European Union as well as common issues in both countries are also elaborated upon. More importantly, the paper also addresses some specificities which could be used de lege ferenda in both countries.
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Forni, Federico. « Diplomatic Protection in EU Law : What’s New under the Sun ? » Hague Journal of Diplomacy 9, no 2 (31 mars 2014) : 150–75. http://dx.doi.org/10.1163/1871191x-12341274.
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Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.
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Debat, Olivier, et Flora Sicard. « The EU and Third Countries : Any New Tax Opportunities Under Association Agreements ? » Intertax 45, Issue 5 (1 mai 2017) : 402–10. http://dx.doi.org/10.54648/taxi2017032.
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Further to the SECIL judgment (C-464/14) delivered by the European Court of Justice (ECJ) in November 2016, this article explores how Association Agreements (AAs) concluded by the European Union (EU) with third countries connect with EU primary law, especially the Treaty on the Functioning of the European Union (TFEU), and discusses their possible implications in tax matters. It investigates the consequences of the variations in purpose and wording of such international instruments and identifies opportunities, uncertainties, shortcomings and potentialities deriving therefrom.
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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina et Yerik B. Akhmetov. « Modern features of law institutions of the European Union ». RIVISTA DI STUDI SULLA SOSTENIBILITA', no 1 (août 2020) : 441–58. http://dx.doi.org/10.3280/riss2020-001026.
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The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
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Martirosyan, Diana G. « LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW ». SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no 1 (2022) : 121–31. http://dx.doi.org/10.26653/2076-4650-2022-1-09.
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The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.
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Palchenko, A. A. « EUROPEAN INTEGRATION OF UKRAINE AND MARITIME LAW OF THE COUNTRIES OF THE EUROPEAN UNION ». South Ukrainian Law Journal 3, no 4 (2022) : 191–96. http://dx.doi.org/10.32850/sulj.2022.4.3.32.
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Martínez Arias, Antonio, et Santiago Álvarez García. « Corporate Tax Burden in the European Union ». EC Tax Review 20, Issue 1 (1 février 2011) : 41–55. http://dx.doi.org/10.54648/ecta2011005.
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The main aim of this paper has been to analyse the tax burden exerted by Corporate Income Tax (CIT) on European Union (EU) companies using the effective tax rate (ETR) as a tool for analysis. For this purpose, a sample of listed companies in the EU was extracted from the Datastream/Worldscope database for the period 1995–2005. This analysis allowed us to determine the tax burden experienced by companies. The results have showed significant differences between the different EU countries as well as between statutory tax rates (STR) and ETRs. Likewise it has been proved that general reductions in STR do not have the expected effect on the tax burden. These results are especially relevant in the present environment, which is characterized by the discussion regarding harmonizing measures for CIT, which will limit its impact on business decisions regarding locating within the EU.
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Vrbaski, Lazar. « Flying into the Unknown : The UKs Air Transport Relations with the European Union and Third Countries Following Brexit ». Air and Space Law 41, Issue 6 (1 novembre 2016) : 421–44. http://dx.doi.org/10.54648/aila2016033.
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The UK’s withdrawal from the European Union following the results of the referendum held on 23 June 2016 leaves a lot of uncertainty for the future in many areas and particularly air transport due to its high degree of regulation and international nature. Almost every area of air transport is affected – from access to the internal aviation market and external aviation policy to air traffic management within the Single European Sky. Solutions to the UK’s air transport relations with its strategic partners are likely to depend on the form of its partnership with the European Union. The focus of negotiations is therefore likely to be on modelling a relationship with the European Union that would take into account both the desires to retain access to the liberalized air services market and maintain close cooperation between strategic partners, and an appreciation of the UK’s new geopolitical self-determination. The European Common Aviation Area, Euro-Mediterranean Aviation Agreement, European Economic Area and the European Union-Switzerland agreements are all useful models, but come with advantages and disadvantages, and it would appear that the unique position of the UK requires a tailored solution. This article analyses some of the key issues of concern to the UK aviation industry and ways in which these could be addressed so as to provide some ‘food for thought’ in the pursuit of the best model for cooperation.
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Oosterhof, Albert. « Legal Aspects of the EU Enlargement Negotiations ». Leiden Journal of International Law 7, no 2 (1994) : 73–84. http://dx.doi.org/10.1017/s0922156500002983.
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The recently concluded enlargement negotiations between the European Union and four applicant countries -Austria, Sweden, Finland and Norway-have so far been the last in a series of intensive negotiating efforts since the conclusion of the Treaty on the European Union (EU), the Agreement on the European Economic Area (EEA), the European Agreements with the Central and Eastern European countries and the conclusion of the Uruguay Round.
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Ismayilzada, Tofig. « The European Union's Cooperation With Third Countries : Turkey And Libya ». Jurnal Kajian Pemerintah : Journal of Government, Social and Politics 8, no 2 (13 décembre 2022) : 65–75. http://dx.doi.org/10.25299/jkp.2022.vol8(2).11148.
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The European Union has recently been an attractive destination for asylum seekers and migrants. Despite the deadly migration routes, the migration crisis has proved that asylum seekers and migrants are willing to enter European Union territory. The flow of irregular migration to the European Union peaked in 2015. The intensity of migration movement over such a short period raised concerns about internal and external security. At the same time, due to the migration crisis, the European Union intensified its cooperation with third countries on the migration issue. This article first explores the concept of international cooperation on migration and assesses if the selected case studies have any common characteristics to the concept. Second, the paper studies the effectiveness of the European Union's cooperation with Turkey and Libya, which emerged due to the migration crisis. Additionally, the paper provides data to test the effectiveness of cooperation with third countries. The cooperation with Turkey and Libya was an essential tool for the European Union to control its Mediterranean borders. When the consensus was reached, the number of irregular arrivals significantly decreased.
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Jack, Brian. « Food Fraud : Protecting European Consumers Through Effective Deterrence ». European Public Law 24, Issue 1 (1 février 2018) : 147–68. http://dx.doi.org/10.54648/euro2018008.
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The 2013 horsemeat scandal drew attention to the issue of food fraud in the European Union and highlighted the potential health and economic risks associated with such frauds. In the aftermath of the scandal, this article examines the effectiveness of the European Union ’ s legal framework in protecting against future frauds. It argues that this will only by achieved if this operates as a strong deterrent, which places potential fraudsters at significant risk of being apprehended. In the light of this, the article evaluates the measures in place to deter fraud in both food products manufactured within the European Union and in those imported from third countries. In doing so, it examines both the European Union ’ s legislative framework and the manner in which it has been implemented across Member States. Finally, the article concludes by examining Member State cooperation in addressing cross-border food fraud, such as the one perpetrated in the horsemeat scandal itself.
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Chovancová, Katarína. « Enforcement of Arbitral Awards in the New Countries of the European Union ». European Review of Private Law 16, Issue 6 (1 décembre 2008) : 995–1007. http://dx.doi.org/10.54648/erpl2008073.
Texte intégralRésumé :
Abstract: In a five–part, broad legal study, the author has analyzed the enforcement of foreign and domestic arbitral awards in three European countries – the Czech Republic, Slovakia, and Croatia – two of which have already entered the European Union successfully. The goal of the study has been to familiarize the professional legal public as well as independent readers not only with the legal regulation of enforcement of arbitral awards in the aforementioned countries, but with the real practice of national enforcement courts as well. Furthermore, the author has focused on providing the reader with a comparative insight into the enforcement of arbitral awards in all three European states in its entire complexity. Finally, evaluating the current specifi c position of Croatia as a country that still has not acceded to the European Union, the author introduced an explanation of various reasons for including Croatia in the submitted study. Résumé: L’auteur a analysé, dans une étude en 5 parties au spectre juridique large, l’exécution des sentences arbitrales étrangères et nationales dans trois pays européens – la République Tchèque, la Slovaquie et la Croatie – deux d’entre eux ayant déjà rejoint avec succès l’Union Européenne. L’objet de cette étude a été de familiariser autant les juristes professionnels que les lecteurs indépendants non seulement avec la règlementation de l’exécution des sentences arbitrales dans les pays susmentionnés mais aussi avec la pratique effective des tribunaux nationaux d’exécution. De plus, l’auteur s’est concentré à donner au lecteur dans toute sa complexité le point de vue comparatif vis–à–vis de l’exécution de sentences arbitrales dans les trois pays européens. Enfi n, évaluant la situation actuelle spécifi que de la Croatie en tant que pays n’ayant pas encore approché l’Union Européenne, l’auteur a présenté une explication des différentes raisons l’ayant amené à inclure la Croatie dans l’étude soumise. Zusammenfassung: In einer in fünf Teilen aufgebauten rechtswissenschaftlichen Untersuchung hat der Autor die Vollstreckung von ausländischen und nationalen Schiedsentscheidungen in drei europäischen Ländern (Tschechien, Slowakei und Kroatien), von denen zwei als Mitglieder der Europäischen Union aufgenommen sind, untersucht. Das Ziel dieser Untersuchung ist, die professionale juristische Öffentlichkeit sowie auch andere Interessierte nicht nur mit den Regelung der Vollstreckung von Schiedsentscheidungen in den genannten Ländern vertraut zu machen, sondern auch mit der Praxis der nationalen Vollstreckungsgerichte in diesen Ländern. Darüber hinaus beabsichtigt der Autor, den Lesern einen rechtsvergleichenden Überblick über die gesamte Komplexität der Vollstreckung von Schiedsentscheidungen in diesen drei europäischen Ländern zu geben. Abschließend begründet der Autor, warum es angemessen ist, die Rechtslage in Kroatien in dieser Untersuchung darzustellen, trotz der derzeitigen besondern Stellung Kroatiens als nicht Mitgliedstaat der Europäischen Union.
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Гайнетдинова, Александра Борисовна, Татьяна Константиновна Демидова et Елена Олеговна Тулупова. « THE HISTORY OF MUSLIM MIGRATION TO EUROPE ». Bulletin of the Institute of Law of the Bashkir State University 4, no 3 (1 novembre 2021) : 72–77. http://dx.doi.org/10.33184/vest-law-bsu-2021.11.9.
Texte intégralRésumé :
At present, the issue of migration to the European Union is very acute, despite many attempts of the under question countries’ leaders to stabilize the situation. On the one hand, European Union authorities are unable to cope with a massive human flow, and on the other hand, local population’ discontent with Europe’s Islamization is mounting. It is obvious that the migrants who have arrived in European countries are reluctant to learn the native language, do not accept the culture, do not accept the rules of conduct in European society, and sometimes dictate their own conditions. It undoubtedly disturbs European society.
30
Smit, Daniël S. « EU Freedoms, Non-EU Countries and Company Taxation : An Overview and Future Prospect ». EC Tax Review 21, Issue 5 (1 octobre 2012) : 233–47. http://dx.doi.org/10.54648/ecta2012024.
Texte intégralRésumé :
Practice shows that the Member States of the European Union maintain a diversified range of economic relations with non-EU Member States. A large number of non-EU-based enterprises are carrying on business in the European Union. Conversely, numerous EU-based enterprises are also carrying on business outside the territory of the Union. Accordingly, trade and investment between Member States and non-Member States is nowadays similarly promoted by abolishing or reducing tax or other obstacles to international flows of goods, services and/or investment between the Member States and third countries. One may recall in this regard the large number of economic integration agreements which the Union has concluded over the past decades with countries all around the world, such as countries in Eastern Europe, the Euro-Mediterranean countries and the African, Caribbean and Pacific states and which, to a greater or lesser extent, provide for liberalization of trade and investment between the Union and the respective non-Member State. The Treaty on the Functioning of the European Union itself also provides for a substantial degree of economic openness vis-à-vis third countries, particularly by means of the Treaty provisions relating to the free movement of capital. It is this unique legal relationship between the EU Member States vis-à-vis the rest of the world that this article takes as a starting point. It examines and assesses the extent to which the impact on Member States' corporate income tax systems of the liberalization provisions included in the above instruments is similar, or should be similar, to the impact that the free movement provisions included in the Treaty have on Member States' corporate income tax systems in an intra-Union context.
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Okuyucu-Ergün, Güne. « Anti-Corruption Legislation In Turkish Law ». German Law Journal 8, no 9 (1 septembre 2007) : 903–14. http://dx.doi.org/10.1017/s2071832200006040.
Texte intégralRésumé :
Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.
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Sääksjärvi, Sanna C. « Positioning the Nordic Countries in European Union Environmental Policy ». Journal of Environment & ; Development 29, no 4 (23 juin 2020) : 393–419. http://dx.doi.org/10.1177/1070496520933324.
Texte intégralRésumé :
The influence of the Nordic countries on the European Union’s (EU's) policy processes has been researched from various angles, but there is a lack of research that comprehensively examines all policy positions advanced by Nordic actors within a given policy context. This article introduces a new design for studying policy positions and influence in the EU and examines the phenomenon from a multilevel perspective using an original data set compiled in connection to three directives: the Floods Directive on the assessment and management of flood risks, the Environmental Liability Directive, and the Restriction of Hazardous Substances Directive. The analysis reveals that the Nordic countries follow a certain pattern of influencing EU policy that deviates from other states participating in the consultations. Nordic governmental actors exert a strong technical but weak directional influence in the chosen context but are, overall, more successful than Nordic organizational actors at influencing the policy process.
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Kovačikova, Hana. « Western Balkans Regional Common Market : What lesson can be taught from EEA ? : A case study of public procurement ». Strani pravni zivot, no 4 (2020) : 133–45. http://dx.doi.org/10.5937/spz64-29635.
Texte intégralRésumé :
The European Union pursues on the international scene to safeguards its values, support the rule of law, foster the sustainable economic, social and environmental development and support the integration of all countries into the world economy including through the progressive abolition of barriers on international trade. Trade agreements are used as an effective tool to this end. Within its present external action, European Union tries to cover its trade relations regionally homogenously. Through regionally homogenous trade agreements, Union can export its values, principles, and rules easier, which is also a way of strengthening its position geopolitically. This paper analyses trade agreements concluded between the European Union and candidate countries from Western Balkans. All these agreements recognise the accession to the European Union as their final goal. To achieve it, candidate countries need to fulfil various conditions, including the approximation and harmonisation of their legal orders with the EU acquis. Just recently (in November 2020), Western Balkans countries' leaders announced the creation of Regional Common Market which shall serve as a tool for approximation with European Union's Internal Market Rules. To this regard, author analysed the European Economic Area, where the export of European Union's Internal Market Rules was successfully realised, and which might therefore serve as an example for pre-accession cooperation between Western Balkans countries and European Union. Author chose the area of public procurement as a model case study.
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Oplotnik, Tjaša. « Institutional Environment and Housing Conditions in the European Union ». Lex localis - Journal of Local Self-Government 6, no 3 (2 septembre 2009) : 287–309. http://dx.doi.org/10.4335/56.
Texte intégralRésumé :
There is no housing policy at the level of the European Union. Therefore, it is the domain of national options. There are also big differences between individual Member States. Despite that, the basic feature of the housing policies has been privatisation in most European countries over the last twenty years. It means transferring the responsibility for housing provision from the state to the market and formation of financial networks within which an individual can provide his or her housing. In nearly all EU Member States, including Slovenia, a major volume of selective allocation of housing construction for the market and a higher level of housing quality are noticeable. The purpose of this paper is to present the housing policies and the housing market conditions in Slovenia, Great Britain, Germany, Sweden and Spain. On the basis of the comparative analysis of the selected countries, we tried to present characteristics, differences or similarities in the housing standard. They are reflected in the quality, availability and accessibility of the housing stock.
KEY WORDS: • housing market • housing policy • quality • availability • accessibility • housing stock • Slovenia • Great Britain • Germany • Sweden • Spain
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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
Texte intégralRésumé :
Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Ponomareva, Karina. « Tax Law of the Eurasian Economic Union : Substance and Ways of Using of the European Experience ». EC Tax Review 25, Issue 2 (1 avril 2016) : 94–108. http://dx.doi.org/10.54648/ecta2016010.
Texte intégralRésumé :
The study considers principal features of the Treaty on Eurasian Economic Union (hereinafter – EAEU) in the light of modern international tax law, its legal nature, its place and functions in the regulation of Eurasian integration. The study describes the main features of tax law under the EAEU Treaty as the foundation treaty of two kinds: establishing international organization for integration (EAEU) and the economic and legal space (the Customs Union and the Common economic space). The important aspect of the proposal is the comparative study of development of tax law in the EAEU and the European Union (EU) as a model of integration which has already shown great results during decades. The objective of this study is to provide an evaluation of development of tax law in EAEU in comparison with EU. The EAEU and the European Union have incomparable historical experience: ten and sixty years respectively. We suppose that some elements of EAEU are similar to EU, and namely the next ones: the unity of institutional structure; aims of vanguard countries correspond to basic direction of development of the whole Union; there is a possibility for rearguard countries to join vanguard countries in case they are ready to carry out extra obligations. The scope of the study is closely connected to the following evaluation problems: tax sovereignty; the effects of the major recent tax policy initiatives for the Union and Member States; ways of tax harmonization in the EAEU and the role of the Court of the EAEU (with using of experience of the European Court of Justice in the area of European tax law); ways of absorbing the enlargement of the EAEU.
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Dragišić, Radmila. « Autonomy of higher education in the European Union : Case C-66/18 European Commission v. Hungary ». Politeia 11, no 21 (2021) : 83–96. http://dx.doi.org/10.5937/politeia0-31034.
Texte intégralRésumé :
Aware of the fact that autonomy is an important prerequisite for educational institutions to be able to perform their tasks, in this paper we explore and analyze one of the most interesting cases from the jurisprudence of the Court of Justice of the European Union in this area. Namely, the European Commission initiated proceedings against the Republic of Hungary for violating the rights of the European Union. The focus is on the Law on Higher Education of that member state, which has caused sharp controversies within the academic community in the countries of the European Economic Area, but also in third countries. Although the work is mostly dedicated to the free movement of services in the field of higher education, we inevitably explore the relationship between European Union law and legal instruments of the World Trade Organization (WTO), as well as the views of the Court of Justice regarding their interpretation. The case we are discussing is also important for the status of countries aspiring to become members of the European organization, since the European Parliament adopted a recommendation to include in the Copenhagen criteria for accession the defense and protection of academic freedom and institutional autonomy in order to prevent their endangerment in member states.
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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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Jakab, Radomír. « The Influence of EU Law on Public Administration in New Member States ». Public Governance, Administration and Finances Law Review 5, no 1 (2020) : 48–61. http://dx.doi.org/10.53116/pgaflr.2020.1.3.
Texte intégralRésumé :
The membership of Central and Eastern European countries in the European Union has influenced the development of almost all branches of law, including administrative law. The paper analyses the influence of European Union law on the fundamental object of interest of administrative law within new member states – on public administration and its laws. In this context, the influence on laws governing the organisation of public administration, laws governing the activities and tasks of public administration as well as laws governing processes in public administration will be assessed.
40
Varga, András. « Rule of law in the 21st century ». Bratislava Law Review 3, no 1 (30 juin 2019) : 163–69. http://dx.doi.org/10.46282/blr.2019.3.1.141.
Texte intégralRésumé :
Rule of law is one of the core principles of constitutions and also the essential value of the European Union. Still, rule of law does not have a unanimous understanding either in the academic sphere or in the jurisprudence of the countries. The paper explains some theories on rule of law, then it considers how the doctrine prevails in the praxis of the Venice Commission and in the wording of the Treaty on the European Union. The paper concludes that interpretation of international fora involves the meaning of rule of law in a national level, even though the base of interpretation is unclear.
41
Guild, Elspeth. « EU Citizens, Foreign Family Members and European Union Law ». European Journal of Migration and Law 21, no 3 (7 août 2019) : 358–73. http://dx.doi.org/10.1163/15718166-12340055.
Texte intégralRésumé :
Abstract While international human rights law enshrines family life as a cornerstone of society, when it intersects with migration, issues and problems arise in countries where migration is high on the political agenda. This is true in a number of EU states. Both EU law and European human rights commitments, however, require states to provide for family reunification subject to a margin of discretion to the state. While family reunification for refugees and beneficiaries of international protection has been at the top of some political agendas in Europe, this article looks at family reunification (generally known as family reunion) for another group—nationals of the Member States. In particular it poses two questions: do EU Member States accept their own nationals to come back to their home state with third country national family members they have acquired while abroad? Secondly, to what extent do EU Member States discriminate against their own nationals in comparison with the generous EU rules of family reunion for nationals of other Member States who have exercised a free movement right in their country. This article is based on reports by experts from all EU Member States in light of the 2014 judgment in O & B (C-456/12) by the Court of Justice of the European Union.
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Palazov, Petko. « Restrictions on the Free Movement of Capital Affecting Third Countries ». International conference KNOWLEDGE-BASED ORGANIZATION 28, no 2 (1 juin 2022) : 51–55. http://dx.doi.org/10.2478/kbo-2022-0048.
Texte intégralRésumé :
Abstract The aim of the author is to analyse the legal restrictions provided by the Treaty on the Functioning of the European Union on the free movement of capital to or from third countries. Those restrictions are reviewed in terms of the reasons upholding them, the objectives pursued by them and the hypotheses in which they are applicable. Practical examples are given, and relevant case law of the Court of Justice of the European Union is presented.
43
Tuitt, Patricia. « Transitions : Refugees and Natives ». International Journal on Minority and Group Rights 20, no 2 (2013) : 179–97. http://dx.doi.org/10.1163/15718115-02002003.
Texte intégralRésumé :
European Directive 2004/83 (the ‘Qualification Directive’) limits claims for asylum to those refugees coming from outside of the European Union. This provision institutionalises a long established practice in which member states of the European Union are presumed to be safe countries of origin and safe countries of asylum. This article argues that the European Union could not have come into being without producing refugees. With reference to the definition of refugee enshrined within Article 1.A (2) of the Convention Relating to the Status of Refugees1 and the jurisprudence surrounding one key qualifying element of the definition – persecution – the article seeks to explore how the international law governing the status of refugee has been deployed to deny that the European Union is a place of origin of refugees.
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Perepolkin, S. M. « Legal Status of European Union Agency for Law Enforcement Cooperation (Europol) ». Analytical and Comparative Jurisprudence, no 3 (20 février 2022) : 270–74. http://dx.doi.org/10.24144/2788-6018.2021.03.50.
Texte intégralRésumé :
The success of Ukraine's strategic course towards full membership in the European Union depends on many factors, in particular, on establishing effective cooperation with the Member States of the European Union and its bodies in the field of prevention and counteraction to various manifestations of organized crime. Among the various agencies of the European Union, European Union Agency for Law Enforcement Cooperation (Europol) performs the largest amount of work in this field. In this regard, the article analyzes the history of Europol from its inception as an international intergovernmental organization (European Police Office) to its current state - an independent European Union Agency for Law Enforcement Cooperation (Europol). To disclose the legal status of Europol, the focus is on the purpose and objectives of its creation, the types of crimes against which Europol’s work is directed, the competence of Europol, which covers more than forty forms of criminal activity, the structure of internal bodies, the normative legal bases of Europol’s interaction with the Member States and other agencies of the European Union, third countries (strategic cooperation agreements and operational cooperation agreements) and international organizations, the genesis of the normative legal bases for relations between Europol and Ukraine. According to the results of the study, the history of the formation of the European Union Agency for Law Enforcement Cooperation (Europol) is proposed to be divided into two stages: 1. Europol as an international intergovernmental organization of the Contracting Parties to the Convention on the establishment of a European Police Office of 26 July 1995; 2. Europol as the European Union Agency for Law Enforcement Cooperation (Europol). At each stage of Europol's formation, its legal status also changed. At the present stage of Europol's work, its legal status is determined by the Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol).
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Skvarciany, Viktorija, Daiva Jurevičienė et Gintarė Volskytė. « Assessment of Sustainable Socioeconomic Development in European Union Countries ». Sustainability 12, no 5 (5 mars 2020) : 1986. http://dx.doi.org/10.3390/su12051986.
Texte intégralRésumé :
There are still debates in the scientific literature about the factors influencing countries’ sustainable socioeconomic development. Therefore, the current article aims at determining the factors of sustainable socioeconomic development and assessing its level in the EU countries. The following methods were employed for the research: an evaluation based on distance from average solution (EDAS) and hierarchical cluster analysis (HCA). EDAS was used to reveal which countries have the highest level of sustainable socioeconomic development, and which have the lowest. The ranking was done based on the appraisal score, which is an outcome of EDAS. Hierarchical cluster analysis (HCA) was used for clustering the countries based on the appraisal scores in order to distinguish groups of countries having a similar level of sustainable socioeconomic development. The results revealed that the highest level of sustainable socioeconomic development is in Germany, and the lowest in Portugal. Based on HCA, the countries were divided into three groups. The first cluster’s countries have the weakest sustainable socioeconomic development, and countries assigned to the third cluster have the best. In the current research, the third cluster consists of one country, Germany, which supports the results obtained with the EDAS method, i.e., Germany is the country with the highest level of sustainable socioeconomic development in the EU.
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Veselinov, Jelena. « Endowments in European law : Current state and perspectives ». Glasnik Advokatske komore Vojvodine 93, no 3 (2021) : 700–733. http://dx.doi.org/10.5937/gakv93-28640.
Texte intégralRésumé :
Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.
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Stauber, Péter, et Detlef Schröder. « CEPOL’s External Action : Evolution and Outlook ». Belügyi Szemle 70, no 1. ksz. (17 mars 2022) : 138–47. http://dx.doi.org/10.38146/bsz.spec.2022.1.8.
Texte intégralRésumé :
This article aims to present the evolution and further perspectives of the external action by the European Union Agency for Law Enforcement Training (CEPOL). By analysing the legal background in light of the subsequent mandates of the Agency and against various policy documents, the authors demonstrate the impressive evolution of the past 20 years, both in terms of volume and quality, that has made CEPOL a key player in the European Union’s internal-external security nexus. The Agency has managed to engage nearly all countries in the EU’s proximity on the one hand by concluding cooperation instruments, on the other hand by managing dedicated capacity-building projects. Via all these means, the European law enforcement culture is spread among partner countries’ law enforcement communities. CEPOL is thus actively contributing to the high level of internal security of the European Union, serving its primary customers, i.e. the EU Member States, and well beyond the borders of the Union.
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Bordaš, Bernadet. « Legal status of the citizens of third countries in the European Union ». Glasnik Advokatske komore Vojvodine 78, no 9 (2006) : 319–50. http://dx.doi.org/10.5937/gakv0606319b.
Texte intégralRésumé :
The law of the European Communities regulates legal status of individuals pursuant to the goals establishing EC as a regional international organization and in the scope of activities set for achieving those goals. Therefore personal scope of application of the community law relates primarily to the citizens of the Member States. Their legal status has been determined and regulated since the Roman Treaty establishing European Economic Community through the freedom of movement, freedom of residence and freedom of services, and since the Mastricht Treaty on European Union and European Community through the freedom of movement and residence for the citizens of the European Union. The citizens of third countries are not included in the scope of application of the community law rationale personae except in extraordinary circumstances: (1) the capacity of a family member of the citizen of the Member State makes them derivative participant and their status depends on the status of the original participant who is exercising one of the above mentioned freedoms; (2) international agreements on cooperation, association, accession which are concluded between the EC and certain third countries are the sources of the special legal status for the citizens of those countries. Amsterdam Treaty on EC, as a primary source of the community law, establishes for the first time legal basis for adoption of the measures of secondary law in the field of legal status of the citizens of third countries, and in particular: (1) in respect of conditions to enter and reside, issue of visa and resident permits issued by the Member States for the longer period of time; (2) in respect of rights and terms under which the citizens of third countries, who are legal aliens in the Member States, can reside in other Member States. Although those community measures do not prevent Member States to keep or to introduce national measures in these fields they set minimum basis for broadening the number of citizens of third countries who can acquire the status of the community law participant.
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Vasylieva, Valentyna, et Anatolii Kostruba. « Corporate law in Ukraine within the framework of approaching the European Union standards ». Law Review of Kyiv University of Law, no 1 (15 avril 2020) : 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.
Texte intégralRésumé :
The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations.
Special attention has been given to define the legal nature of the corporation.
It is concluded that there is no established understanding of the above concepts in national legal science.
The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected.
The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law.
The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
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Timofeyeva, Liliya. « EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME ». European Historical Studies, no 21 (2022) : 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
Texte intégralRésumé :
Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.