Littérature scientifique sur le sujet « Law and art – European Union countries »
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Articles de revues sur le sujet "Law and art – European Union countries"
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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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Vacca, Alessia. « The Council of Europe and the European Union frameworks in the legal protection of minority languages : unity or diversity ? » Eesti ja soome-ugri keeleteaduse ajakiri. Journal of Estonian and Finno-Ugric Linguistics 2, no 1 (17 juin 2011) : 347–66. http://dx.doi.org/10.12697/jeful.2011.2.1.23.
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This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language
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Kliuiev, Oleksandr, Оlena Agapova, Ella Simakova-Yefremian et Oleksandr Snigerov. « The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law ». Access to Justice in Eastern Europe 4, no 4 (31 octobre 2021) : 104–15. http://dx.doi.org/10.33327/ajee-18-4.4-n000087.
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In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.
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Spindler, Gerald, Wulf Hambach et Bernd Berberich. « The Carmen Media Case – The Expected Catalyst from Brussels for a New Approach to German Gambling Law ? » European Journal of Risk Regulation 2, no 1 (mars 2011) : 135–42. http://dx.doi.org/10.1017/s1867299x0000074x.
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Billions of Euros of turnover are generated every year from games of chance. The legal framework conditions regulating this branch of the economy vary significantly within the European Union. Whilst in many countries such as Germany the state has a dominating monopoly position, other Member States, such as Denmark, France and Italy, have made moves towards a consistent partial liberalisation. These different framework conditions lead to problems, increasingly so as the European internal market is otherwise growing closer together. This is especially evident in the area of online gambling which, due to the structure of this medium, is not restricted by national boundaries, but must nevertheless not constitute a legal no man's land.Against this background, it appears logical for the European Court of Justice (ECJ), on the occasion of the submission of cases by Member State courts pursuant to Art. 267 of the Treaty on the functioning of the European Union (TFEU) (previously Art. 234 EC), to repeatedly have called for the examination of national gambling regulations with regard to their compliance with Union law, as the ECJ's standing jurisdiction acknowledges that a (national) state monopoly for cross-border issues represents a violation of the freedom of establishment as set out in Art. 56 TFEU (previously Art. 49 EC) or the freedom of establishment as set out in Art. 49 TFEU (previously Art. 43 EC) respectively. Such restrictions of gambling activities may, however, be justified by matters of overriding general interest.
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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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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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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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Букалерова, Людмила Александровна, et Андрей Владиславович Морозов. « Criminal law protection of public procurement in the USA, Canada and the European Union ». Вестник Московской академии Следственного комитета Российской Федерации, no 2(32) (22 juin 2022) : 75–81. http://dx.doi.org/10.54217/2588-0136.2022.32.2.010.
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Криминализация в Российской Федерации общественных отношений, связанных с посягательством на сферу публичных закупок, вызвала дискуссии по поводу эффективности предлагаемых законодателем механизмов уголовно-правовой охраны. Исследование зарубежного опыта уголовной ответственности за посягательство на сферу публичных закупок, особенно опыта тех стран, где данная сфера имеет продолжительную историю правового регулирования, представляет интерес с позиции определения эффективности ст. 200.4-200.6 УК РФ. The criminalization of violations in the field of public procurement in the Russian Federation has caused discussions about the effectiveness of the mechanisms of criminal law protection proposed by the legislator. The study of foreign experience in criminal liability for encroachment on the field of public procurement, especially the experience of those countries where this area has a long history of legal regulation, is of interest from the standpoint of determining the effectiveness of Art. 200.4-200.6 of the Criminal Code of the Russian Federation.
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Zawrotniak, Piotr. « The Cross-Border Transfer of Cultural Assets in the European Union ». Barometr Regionalny. Analizy i Prognozy 13, no 3 (27 octobre 2015) : 25–32. http://dx.doi.org/10.56583/br.732.
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Monuments and mementoes of cultural assets are taken very special care of by descendant heirs, as a form of national heritage. The Hague Convention of 1954 introduced regulations concerning the definition of a cultural asset. The Convention drawn up in Paris, in 1970, extended the scope of international legal protection in case of conflicts and armaments. It also extended notions which regulate the status of — e.g., rare collections. In 1976, the Convention signed in Paris clarified identification and definition of any kind of assets belonging to the countries which are the parties of the agreement, and determined their borders. The member states of the EU act pursuant to the regulations of the EU law and domestic law. After the accession to the Community, Poland adopted the EU law, which has to be direct and superior to domestic regulations. The EU and domestic legal regulations concerning the issue of the transfer of cultural assets — monuments within the Community and with third countries, are applicable to their export to other member states of the EU and within not regulated areas on the Community level, as well as to third countries.
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Micińska, Magdalena. « ANIMAL TRAPS - EU AND NATIONAL REGULATIONS WITH SPECIFIC EMPHASIS ON THE AGREEMENT ON INTERNATIONAL NORMS OF HUMANE ANIMAL CAPTURE ». Studia z zakresu nauk prawnoustrojowych. Miscellanea VIII, z. 2 (7 décembre 2018) : 123–37. http://dx.doi.org/10.5604/01.3001.0013.0365.
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Animal traps have always accompanied man, with whom the primary people organized the first hunts. Along with the development of hunting art, traps gradually gave way to specialized hunting weapons. However, the use of animal traps on a large scale still occurs in countries that are world exporters of fur and skins of wild animals - Canada, Russia and the USA. Driven by expressed in art. 13 TFEU with the principle of animal welfare, the European Union has introduced a number of regulations to ensure humane catches in member countries as well as in third countries exporting skin and fur. The purpose of this article is to analyze the current legal situation in Poland with regard to the implementation of EU legislation on humane trap standards, with particular regard to the obligations contained in the agreement concluded between the European Community, Canada and the Russian Federation on 22 July 1997 - on international humane trapping standards . Keywords - EU, Poland, Russia, Canada, USA, animal welfare, humane animal protection, snare, poaching, animal species protection, hunting, animal traps, hunting, trapping, hunting law.
Thèses sur le sujet "Law and art – European Union countries"
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Shi, Feng. « Principles of European Union water law ». Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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FELD, Leonard. « From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
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Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Fee, Emma. « 'A Europe without dividing lines' : the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile ? » Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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BARANSKI, Marcin. « Constitutional pluralism in the European Union : a critical reassessment ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.
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Defence date: 26 July 2021Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)
The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
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CERAN, Olga. « Cross-border child relocation : national law in a united Europe ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
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Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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D'ANDREA, Sabrina. « Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020) ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
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Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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KARAGIANNIS, Yannis. « Preference heterogeneity and equilibrium institutions : The case of European competition policy ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.
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Defence date: 21 December 2007Examining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
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SCHOLTES, Julian. « The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism ». Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.
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Defence date: 21 January 2022Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)
‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
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Liang, Zheng Yun. « The enviromental principles of the European Union ». Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120095.
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Li, Qian. « European Union normative approaches to enviromental governance ». Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120096.
Texte intégralLivres sur le sujet "Law and art – European Union countries"
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Wewers, Ariane. Die Pflicht der EU-Partner zur Koordinierung in internationalen Organisationen und auf internationalen Konferenzen (Art. 19 EUV) : Die Praxis der GASP dargestellt am Beispiel der Vereinten Nationen. Frankfurt am Main : P. Lang, 2009.
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Wewers, Ariane. Die Pflicht der EU-Partner zur Koordinierung in internationalen Organisationen und auf internationalen Konferenzen (Art. 19 EUV) : Die Praxis der GASP dargestellt am Beispiel der Vereinten Nationen. Frankfurt am Main : P. Lang, 2009.
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Schumann, Marius Frederik. Das Dispensverfahren im europäischen Mehrwertsteuerrecht : Grenzen nationaler Alleingänge nach Art. 395 der Mehrwertsteuersystemrichtlinie in der Betrugsbekämpfung. Frankfurt am Main : Lang, 2008.
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Schumann, Marius Frederik. Das Dispensverfahren im europäischen Mehrwertsteuerrecht : Grenzen nationaler Alleingänge nach Art. 395 der Mehrwertsteuersystemrichtlinie in der Betrugsbekämpfung. Frankfurt am Main : Lang, 2008.
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European Union law. 2e éd. Milton Park, Abingdon, Oxon : Routledge, 2010.
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1969-, Humphreys Matthew James, dir. European Union law. 6e éd. Oxford : Oxford University Press, 2010.
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European Union law. Cambridge, United Kingdom : Cambridge University Press, 2015.
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European Union law. 3e éd. London : LexisNexis UK, 2003.
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(Firm), Routledge, dir. European Union law. 6e éd. London : Routledge-Cavendish, 2009.
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(Firm), Routledge, dir. European Union law. 6e éd. London : Routledge-Cavendish, 2009.
Trouver le texte intégralChapitres de livres sur le sujet "Law and art – European Union countries"
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Tomini, Luca, et Seda Gürkan. « Contesting the EU, Contesting Democracy and Rule of Law in Europe. Conceptual Suggestions for Future Research ». Dans Palgrave Studies in European Union Politics, 285–300. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_12.
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Abstract In ECE countries, democratisation and Europeanisation seemed to exist in a mutually reinforcing relationship and both concepts provided the main analytical lenses for studying these states. In the light of recent illiberal and anti-EU politics, two different concepts have started to receive increasing scholarly attention, namely the concepts of de-Europeanisation and autocratisation. Their exact meaning, however, remains unclear and the causal link between these specific processes and the rule of law has largely remained understudied. Against this backdrop, this chapter first summarises the state-of-the-art research on autocratisation and de-Europeanisation, and then examines the interaction and causal link between these two phenomena in times of declining democracies in Europe and rule of law problems.
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Matthes, Claudia-Y. « Safeguarding Democracy and the Rule of Law by Civil Society Actors ? The Case of Poland ». Dans Palgrave Studies in European Union Politics, 263–81. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_11.
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Abstract A growing body of literature examines the EU’s reactions to illiberal trends in ECE countries. These studies predominantly focus on political instruments such as Article 7 and the Commission’s new rule of law mechanism, and there is a broad consensus on the view that these tools are too weak to combat breaches of liberal principles. This chapter therefore explores the potential of alternative strategies, namely the involvement of civil society actors in backsliding countries. By looking at the Polish case, it explores how much Polish civil society interacts with the European institutions in order to address violations of the rule of law and which strategies these actors unfold. It examines whether this cooperation may help to safeguard democracy in a bottom-up manner. The overall goal of the chapter is to investigate how much the EU’s instruments against democratic backsliding could and should be accompanied effectively by strategies aiming at collaboration with liberal forces within the backsliding member states.
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Vargas Vasserot, Carlos. « Social Enterprises in the European Union : Gradual Recognition of Their Importance and Models of Legal Regulation ». Dans The International Handbook of Social Enterprise Law, 27–45. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_3.
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AbstractThis chapter addresses social enterprises as a special corporate category, which in some European jurisdictions, and increasingly so after their promotion by the European Union, are provided with a specific legal framework to promote and encourage their development. The paper begins with a brief compilation of the several social enterprise concepts developed by economic doctrines both in the United States and Europe, which reveal a great diversity of approaches. This is followed by an analysis of the various documents published by the European Union, showing the increasing recognition of this business phenomenon, from the publication of the Social Business Initiative in 2011 to the recent Action Plan for the Social Economy in 2021. Finally, the results obtained from the analysis of the different European legal systems are presented, and three main models of legal regulation of social enterprises are distinguished, namely, the use of the social cooperative form, enactment of a special law, and integration into a social economy law. The chapter concludes with a table comparing the essential aspects of the regulation of social enterprises in 14 European countries.
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Todino, Michele Domenico, Giuseppe De Simone, Simon Kidiamboko et Stefano Di Tore. « European Recommendations on Robotics and Related Issues in Education in Different Countries ». Dans Makers at School, Educational Robotics and Innovative Learning Environments, 255–60. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77040-2_34.
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AbstractThis short paper describes the preliminary phase in an innovative line of research comparing educational robotics in Italy and other countries, from the perspective of media education, and based on the European Parliament recommendations to the Commission on civil law rules on robotics. More specifically, all decision processes that affect digital citizenship should have the support of children and teenagers. For these reasons, this paper looks at the work of a group of Italian high school students in the fifth year of upper secondary school, who formulated a SWOT analysis to highlight their attitudes to robotics issues in relation to the European Union recommendations. This research started in 2018 and will be repeated this academic year with Italian and Congolese students—from the Institut Supérieur des Techniques Appliquées—with a qualitative analysis to establish student attitudes to robotics issues. Qualitative analysis was selected because the SWOT analysis is already divided into information categories, revealing a variety of concepts that are grouped together from the collected data. These results will be compared with any obtained in future years in Italy and other countries, to find further potential patterns.
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Cebriá, Luis Hernando. « Introduction to the Law of Benefit Corporations and Other Public Purpose-Driven Companies ». Dans The International Handbook of Social Enterprise Law, 301–17. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_14.
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AbstractIn recent years, the benefit corporation phenomenon has extended from many US jurisdictions to other countries. Benefit corporations are an expression of the principles of corporate social responsibility in company law through the creation of companies aiming at an enlightened value, for not only the shareholders but the stakeholders. However, different forms of corporations serve this purpose in the United States and in European and Latin American countries. Some are more proximate to non-profit entities, while others, more recently, to the North American model of the benefit corporation. This chapter reviews the current trends in company law that refer to these special legal forms, along with the regime of “public-interest entities” in the European Union and the institutional perspective maintained in some of its jurisdictions. To this end, this chapter analyzes the different legal forms of adaptation of the basic features of benefit corporations and other public purpose-driven companies to the regulatory environment in each jurisdiction.
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Celeste, Edoardo, et Federico Fabbrini. « Competing Jurisdictions : Data Privacy Across the Borders ». Dans Palgrave Studies in Digital Business & ; Enabling Technologies, 43–58. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.
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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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Broom, Donald M. « EU regulations and the current position of animal welfare. » Dans The economics of farm animal welfare : theory, evidence and policy, 147–55. Wallingford : CABI, 2020. http://dx.doi.org/10.1079/9781786392312.0147.
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Abstract In most countries of the world, sustainability issues are viewed by the public as of increasing importance and animal welfare is perceived to be both a public good and a key aspect of these issues. European Union animal welfare policy and legislation on animal welfare has helped animals, has had much positive influence in the world and has improved the public image of the EU. Health is a key part of welfare and the one-health and one-welfare approaches emphasize that these terms mean the same for humans and non-humans. The animals that humans use are described as sentient beings in EU legislation. Scientific information about animal welfare, like that produced by EFSA, is used in the formulation of the wide range of EU animal welfare laws. The European Commission has an animal welfare strategy including the Animal Welfare Platform. However, most kinds of animals kept in the EU are not covered by legislation, and they are subject to some of the worst animal welfare problems, so a general animal welfare law and specific laws on several species are needed. Animal sentience and welfare should be mentioned, using accurate scientific terminology, in many trade-related laws as well as in animal-specific laws.
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Hemels, Sigrid. « Social Enterprises and Tax : Living Apart Together ? » Dans The International Handbook of Social Enterprise Law, 77–100. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_5.
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AbstractThis chapter examines the complex relationship between social enterprises and taxation. The focus is not on a specific country, although various examples are mentioned. As specific tax measures for social enterprises are a form of tax incentives, the chapter discusses this public finance concept. In addition, an important legal constraint on introducing such incentives for social enterprises in the European Union (EU) is discussed: the prohibition of state aid. From an analysis of the taxation of profits of social enterprises, it turns out that only a few countries have implemented tax incentives to further social enterprise models. Some social enterprises may meet the charity definition and thus benefit from tax incentives for charities. The drawback might be that it may require social enterprises to use next best legal forms. The chapter also discusses the relevant tax aspects for funders of social enterprises. Tax rules can especially be detrimental to the funding of high-risk social enterprises. Social enterprises also encounter value-added tax (VAT) issues. The VAT that applies in the EU has been copied (with variations) by many non-EU Member States. For that reason, this chapter focusses on the EU VAT legislation as included in the VAT. Problems emerging from the impossibility to deduct input VAT can best be solved outside the VAT framework.
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Radoniewicz, Filip. « International Regulations of Cybersecurity ». Dans Cybersecurity in Poland, 53–71. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-78551-2_5.
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AbstractThere is no doubt that, due to the global nature of modern ICT networks, international cooperation plays a key role in ensuring cybersecurity, including in the fight against cybercrime.This chapter describes initiatives taken within international organizations to ensure cybersecurity and the prevention of cybercrime. The presentation will start with the initiatives of the OECD and the Council of Europe. This is due not only to some kind of “Eurocentrism” but above all to the fact that these two organisations were the first to address cybersecurity and cybercrime issues. In addition, the Council of Europe Convention 185 on CyberCrime of November the 23rd, 2001, an international agreement concluded in the Council of Europe, is a milestone in the prevention of computer crime, remaining the only binding act of international law to combat it. Its importance is best demonstrated by the constantly growing number of signatories (and countries that model without signatures after the provisions, e.g. Pakistan) and the fact that international organisations, or recommend that their members accept (UN, G7/G8, European Union) or “copy” provisions, creating their own model legal acts (e.g. Commonwealth).
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Inan, Nurkut, et Gamze Öz. « Turkish Competition Law and the Impact of the Customs Union Decision ». Dans Turkey and Central and Eastern European Countries in Transition, 259–67. London : Palgrave Macmillan UK, 2001. http://dx.doi.org/10.1007/978-0-333-97800-9_12.
Texte intégralActes de conférences sur le sujet "Law and art – European Union countries"
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Silovs, Mihails, et Olga Dmitrijeva. « Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union ». Dans 22nd International Scientific Conference. “Economic Science for Rural Development 2021”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2021. http://dx.doi.org/10.22616/esrd.2021.55.052.
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The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.
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Bublienė, Raimonda. « Internationalization and Multiple Discrimination : the Case of Employment Regulation ». Dans Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.061.
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The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.
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Tavits, Gaabriel. « Protection of the Weaker Party – to Whom is Labour Law Still Applicable ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.33.
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National law is affected by a number of different international regulations and agreements. International agreements provide for rules aimed at harmonizing certain requirements and understandings that different countries should follow. In labour relations, international standards are set at two different levels – on the one hand, by the International Labour Organization (ILO), and on the other by regional standards – by the Council of Europe and the directives and regulations adopted by the European Union. All these international rules have important implications for national labour law. However, such international norms do not provide a clear personal scope – that is, it is not clearly defined to whom such international norms apply. Although the various international rules do not directly define the persons to whom those norms apply, – the implementation of international rules remains a matter for national law. Thus, the concept of both employee and employment relationship is shaped by national law. The exception here is the European Union, where the European Court of Justice has given an autonomous meaning to the concept of worker (particularly in the context of freedom of movement for workers). Although the concept of a worker and of an employment relationship has been developed by the Court of Justice of the European Union, Member States retain the right to define the employment relationship in accordance with the law in force in the respective Member State. The main factor in shaping employment relationships is the employee's dependence on the person providing the work, and the person providing the work also has an obligation to pay remuneration for the work performed. Although the scope of those rules is defined differently by different international rules, the characteristics generally applicable to the definition of an employee and the employment relationship are similar to those used in national law.
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Saule, Murat. « PROPRIETARY METHODS OF THE PROPRIETARY RIGHTS PROTECTION IN THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN AND COUNTRIES OF THE EUROPEAN UNION : COMPARATIVE LEGAL ANALYSIS ». Dans 4th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2017. Stef92 Technology, 2017. http://dx.doi.org/10.5593/sgemsocial2017/12/s02.078.
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Karluk, S. Rıdvan. « Eurasian Customs Union and Turkey’s Membership ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01343.
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Leaders of Russia, Belarus, and Kazakhstan which are the countries of disintegrated Soviet Union signed an agreement in order to establish a Union named Eurasian Economic Union on the date of 29 May 2014. With this attempt Russia wants to protect its former penetration on former Soviet geography by providing economic integration. Positive messages upon the membership of Turkey to Eurasia Economic Union were given at Eurasia Economic Union meeting which was held in Ankara in January mid-2015 and hosted by Andrey Karlov, Ambassador of Russia. Nursultan Nazarbayev, who is the pioneer of this idea, has stressed that Turkey should be a member of the Community several times before now. The idea of Sergey Markov, who is the point man of Putin as “Turkey should enter Eurasia Union not European Union, it can gain strength in this way”, is void within the scope of international agreements which Turkey signed with European Union and of the rules of WTO. Erdoğan, Prime Minister of the relevant term said Putin that “Take Turkey into Shanghai Cooperation Organization and ease our difficulty”; in Russian- Turkey peak held on 23 November 2013 in St. Petersburg province of Russia. This explanation is not possible in terms of international law. Explanation of Zeybekçi, Minister of Economy as “Eurasia Customs Union is a must for Turkey. We have to be there” is not realistic. In our paper we will deal and explain why Turkey cannot enter Eurasia Customs Union and why an axial dislocation cannot occur in Turkey.
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Niftiyev, Ibrahim. « A comparison of institutional quality in the South Caucasus ». Dans The European Union’s Contention in the Reshaping Global Economy. Szeged : Szegedi Tudományegyetem Gazdaságtudományi Kar, 2022. http://dx.doi.org/10.14232/eucrge.2022.9.
Texte intégralRésumé :
Much has happened in the three countries of the South Caucasus-namely, Azerbaijan, Georgia, and Armenia-since the collapse of the Soviet Union. Political events, institutional reforms, and economic development have resulted in greater economic welfare in these countries after the painful transition period of the 1990s. However, it remains to be seen whether they have achieved any solid results or whether they still have much to accomplish. While the answer is ambiguous, each country has followed a different political, geopolitical, economic, and institutional path and achieved different economic outcomes despite their close geographical proximity to each other. This paper compares the available data on economic and institutional quality in Azerbaijan, Georgia, and Armenia to portray the overall situation in terms of changes in institutional patterns. Then, special attention is given to Azerbaijan, as the country is considered to be oil-rich and thus resource-dependent. A comparative perspective on institutional quality suggests that Georgia has been a leading country in terms of institutions and effective bureaucracy-building, despite having lower economic indicators compared to Azerbaijan. Moreover, while Armenia is positioned between Georgia and Azerbaijan in terms of institutional quality, its economic growth is similar to Georgia's. Lastly, institutional variables (e.g., control of corruption, rule of law, and government effectiveness, and human rights) in Azerbaijan are negatively correlated with oil-related variables. This result aligns with the natural resource curse and Dutch disease theories, which posit that oil boom periods in mineral-rich countries are associated with a deterioration in institutional quality, thereby leading to slower growth. Also, the results are important to build up analytical frameworks to address the Dutch disease or resource curse studies in the case of Azerbaijan in a comparative manner with oil-poor countries even if the scope is limited to the South Caucasian former Soviet Union countries.
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Göl, Vildan, et Betül Yüce Dural. « Youth Unemployment and Youth not in Employment, Education or Training : An Assessment in Terms of The EU and Turkey ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2021. http://dx.doi.org/10.36880/c13.02594.
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Today, the European Union aims to integrate young people into the labour market and provide employment support. However, youth unemployment figures in the European Union are very serious. In addition to youth unemployment, NEET (Not in Education, Employment and Training) rates, which we hear frequently today and which is closely related to youth unemployment, have high rates both in the European Union and in Turkey. If these two main problems that countries have to deal with are not successful, they will impose serious costs on countries both socially and economically. Although education policies are often used for the solution, factors such as gender perception and patriarchal social structure must be left behind. In addition, strong economic growth should not be ignored to combat the problems of the young unemployed. The first aim of the study is to examine the factors that cause young unemployed and NEETs in the EU and Turkey at the macro and micro level and to present them comparatively. The second aim of the study is to empirically analyse Okun's Law, which argues that there is a negative correlation between unemployment and economic growth, for young unemployed and NEETs in Turkey between 2000 and 2020. The data used in the study was obtained from the OECD and Eurostat databases. The empirical findings obtained as a result of causality analysis show that there is a one-way relationship between economic growth, youth unemployment and NEETs.
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Urbane, Marta. « The Future of the Employee’s Right to Disconnect in the European Union and Latvia ». Dans 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002285.
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The right to disconnect refers to a worker's right to be able to disconnect from work and refrain from engaging in work-related electronic communication, like emails and other messages, during non-work hours and holidays. The Latvian Labor Law does not directly determine the right to disconnect from digital devices, however, such rights arise from certain legal norms. Examples of the provisions of the Labor Law relate to the general rules on rest periods and breaks in work. The recent research results of remote work during Covid-19 pandemic conducted by the author show that for 69.3% of respondents working remotely possibility to disconnect from digital devices outside working hours (when the assigned work tasks have been completed) is extremely crucial. If the rights to disconnect are not explicitly regulated, the risk of disbalance between work and private life is at stake. The increase in workload during the emergency caused by COVID-19 was indicated by 42.7% of respondents in Latvia. That shows that another problem of lack of regulation of rights to disconnect could be unpaid overtime. The research shows that 14.7% of respondents were not paid for overtime work when working from home. The practice shows a critical need for sustainable and predictable changes in the legal system to protect employees’ rights and thus ensure stable employment in general in Latvia. It was also recently decided by Employment Committee MEPs that EU countries must ensure that workers are able to exercise the right to disconnect effectively. Some of the member states in the European Union have recently implemented the right into their legal system (Portugal, Spain, France), but each member state takes a different approach. That means that discussion is no longer if there is a need to implement the “right to disconnect” in national legal acts, but how to implement the right efficiently not only at a national level but at the EU level as well.The goal of the research is to provide an in-depth analysis of the legal status of the “right to disconnect” in the legal system of the European Union and Latvia. In order to reach the goal, the author is using various scientific research methods. The paper is based on a quantitative research method and analytical, comparative, case law analysis method to provide valid conclusions on the current role of the “right to disconnect” in Latvia and the European Union. The author also offers recommendations on how to implement the “right to disconnect” efficiently to avoid violation of employees’ rights and ensure a sustainable work environment.In the result, the author has concluded that the biggest impediment of the employee's right to disconnect is the lack of clear legislative preconditions that would encourage businesses to preserve employees' freedom to disconnect, resulting in a more sustainable working environment - both in the office and remotely.Finally, the author concludes that there is a need to adjust regulation in Latvia to meet the needs of widespread use of remote work. The author also concludes that a significant role to protect employees’ right to disconnect is for governmental authorities to explain the right to disconnect to employees and employers.
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Đurić, Stefan, et Bojana Lalatović. « SOLIDARITY CHECK IN TIMES OF COVID-19. ANALYSIS OF THE EU APPROACH TOWARDS ITS CLOSEST NEIGHBOURS WITH A SPECIAL FOCUS ON MONTENEGRO ». 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/18303.
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Solidarity as one of the cornerstone values of the European Union has been once again seated on the red chair and intensively discussed within the European Union and broader. After the economic recession and migrant crisis that marked the last two decades, the outbreak of the COVID-19 pandemic has once again harshly tested the fundamental objectives and values of the European Union and the responsiveness and effectiveness of its governance system on many fronts. In April, 2020 several EU Member States were among the worst affected countries worldwide and this situation soon became similar in their closest neighbourhood. It put a huge pressure on the EU to act faster, while at the same time placing this sui generis community to the test that led to revealing its strengths and weaknesses. As it happened in the previous crises, the Union launched policies and various programmes that were meant to lessen the burden of the Member States and aspiring countries caused by the crises. The objectives of the mentioned soft law instruments that the EU adopted during the COVID-19 crisis has been not only to show that EU law is equipped to react to health and economic crises rapidly but to deliver its support in terms of solidarity to its Member States and its closest neighbours facing the unprecedented health and economic crisis. This article will explore the value and implication of the solidarity principle in times of Covid-19 in its various manifestations. A special focus will be on the financial and material aspects of the EU instruments created to combat the negative consequences of the pandemic and their further impact on shaping the solidarity principle within the EU system. While examining the character and types of these mechanisms a special focus will be placed on those available to Western Balkan countries, whereas Montenegro as the “fast runner” in the EU integration process will be taken as a case study for the purpose of more detailed analyses. One of the major conclusions of the paper will be that although the speed of the EU reactions due to highly complex structure of decision making was not always satisfying for all the actors concerned, the EU once again has shown that it is reliable and that it treats the Western Balkan countries as privileged partners all for the sake of ending pandemic and launching the socio-economic recovery of the Western Balkans. Analytical and comparative methods will be dominantly relied upon throughout the paper. This will allow the authors to draw the main conclusions of the paper and assess the degree of solidarity as well as the effectiveness of the existing EU instruments that are available to Montenegro and aimed at diminishing negative consequences of the crisis.
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Lugonjić, Marija. « Comparative Analysis of Medical Workers ». Dans Organizations at Innovation and Digital Transformation Roundabout. University of Maribor Press, 2020. http://dx.doi.org/10.18690/978-961-286-388-3.33.
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Continuous Medical Education (CME) is becoming a minimum condition for adapting to today's changes and achieving success in professional and personal fields.The aim of this paper is a comparative analysis of CME in Serbia, the European Union, and the United Kingdom; US, Russian Federation and Iran. The aim of this comparative study was to assess the main countryspecific institutional settings applied by governments. Methods: A common scheme of analysis was applied to investigate the following variables: CME institutional framework; benefits and/or penalties to participants; types of CME activities and system of credits; accreditation of CME providers and events; CME funding and sponsorship. The analysis involved reviewing the literature on CME policy. Results: The US system has clear KME boundaries because it is implemented solely by credentialed institutions that organize dedicated meetings with the clear purpose of educating medical professionals.The European Union has not yet been able to reconcile the differences it has inherited from its members. Only "general" conditions are defined. Continuing medical education cannot be arbitrary, like any other organizational process. Everything has to be controlled in advance. Education in the Russian Federation is regulated by the law, Art. 2 and must be viewed as a whole. Doctors and healthcare professionals and their associates earn points through accredited continuing education programs for obtaining and renewing licenses of the Serbian Medical Chamber and KMSZTS - Chamber of Nurses and Health Technicians of Serbia. The Ordinance establishes the conditions for issuing, renewing and revoking the license for independent work, ie. License to Healthcare Professionals. (RS Official Gazette 102/2015) Conclusin: This comparative exercise provides an overview of the CME policies adopted by analyzed countries to regulate both demand and supply. The substantial variability in the organization and accreditation of schemes indicates that much could be done to improve effectiveness. Although further analysis is needed to assess the results of these policies in practice, lessons drawn from this study may help clarify the weaknesses and strengths of single domestic policies in the perspective.
Rapports d'organisations sur le sujet "Law and art – European Union countries"
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Kira, Beatriz, Rutendo Tavengerwei et Valary Mumbo. Points à examiner à l'approche des négociations de Phase II de la ZLECAf : enjeux de la politique commerciale numérique dans quatre pays d'Afrique subsaharienne. Digital Pathways at Oxford, mars 2022. http://dx.doi.org/10.35489/bsg-dp-wp_2022/01.
Texte intégralRésumé :
Realities such as the COVID-19 pandemic have expedited the move to online operations, highlighting the undeniable fact that the world is continuing to go digital. This emphasises the need for policymakers to regulate in a manner that allows them to harness digital trade benefits while also avoiding associated risk. However, given that digital trade remains unco-ordinated globally, with countries adopting different approaches to policy issues, national regulatory divergence on the matter continues, placing limits on the benefits that countries can obtain from digital trade. Given these disparities, ahead of the African Continental Free Trade Area (AfCFTA) Phase II Negotiations, African countries have been considering the best way to harmonise regulations on issues related to digital trade. To do this effectively, AfCFTA members need to identify where divergencies exist in their domestic regulatory systems. This will allow AfCFTA members to determine where harmonisation is possible, as well as what is needed to achieve such harmonisation. This report analyses the domestic regulations and policies of four focus countries – South Africa, Nigeria, Kenya and Senegal – comparing their regulatory approaches to five policy issues: i) regulation of online transactions; ii) cross-border data flows, data localisation, and personal data protection; iii) access to source code and technology transfer; iv) intermediary liability; and v) customs duties on electronic transmissions. The study highlights where divergencies exist in adopted approaches, indicating the need for the four countries – and AfCFTA members in general – to carefully consider the implications of the divergences, and determine where it is possible and beneficial to harmonise approaches. This was intended to encourage AfCFTA member states to take ownership of these issues and reflect on the reforms needed. As seen in Table 1 below, the study shows that the four countries diverge on most of the five policy issues. There are differences in how all four countries regulate online transactions – that is, e-signatures and online consumer protection. Nigeria was the only country out of the four to recognise all types of e-signatures as legally equivalent. Kenya and Senegal only recognise specific e-signatures, which are either issued or validated by a recognised institution, while South Africa adopts a mixed approach, where it recognises all e-signatures as legally valid, but provides higher evidentiary weight to certain types of e-signatures. Only South Africa and Senegal have specific regulations relating to online consumer protection, while Nigeria and Kenya do not have any clear rules. With regards to cross border data flows, data localisation, and personal data protection, the study shows that all four focus countries have regulations that consist of elements borrowed from the European Union (EU) General Data Protection Regulation (GDPR). In particular, this was regarding the need for the data subject's consent, and also the adequacy requirement. Interestingly, the study also shows that South Africa, Kenya and Nigeria also adopt data localisation measures, although at different levels of strictness. South Africa’s data localisation laws are mostly imposed on data that is considered critical – which is then required to be processed within South African borders – while Nigeria requires all data to be processed and stored locally, using local servers. Kenya imposes data localisation measures that are mostly linked to its priority for data privacy. Out of the four focus countries, Senegal is the only country that does not impose any data localisation laws. Although the study shows that all four countries share a position on customs duties on electronic transmissions, it is also interesting to note that none of the four countries currently have domestic regulations or policies on the subject. The report concludes by highlighting that, as the AfCFTA Phase II Negotiations aim to arrive at harmonisation and to improve intra-African trade and international trade, AfCFTA members should reflect on their national policies and domestic regulations to determine where harmonisation is needed, and whether AfCFTA is the right platform for achieving this efficiently.
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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.
Texte intégralRésumé :
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