Articles de revues : « Law – European Union countries – Interpretation and construction »

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Rasskazova, V. V. « Settlement and Release in European Legislation ». Bulletin of Kharkiv National University of Internal Affairs 89, n^o 2 (26 juin 2020) : 61–68. http://dx.doi.org/10.32631/v.2020.2.05.

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Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice. The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries. According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release. The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.

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Puntarić, Eda, Lato Pezo, Željka Zgorelec, Jerko Gunjača, Dajana Kučić Grgić et Neven Voća. « Prediction of the Production of Separated Municipal Solid Waste by Artificial Neural Networks in Croatia and the European Union ». Sustainability 14, n^o 16 (16 août 2022) : 10133. http://dx.doi.org/10.3390/su141610133.

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Given that global amounts of waste are growing rapidly, it is extremely important to determine what amount of waste will be generated in the near future. Accurate waste forecasting is also important for planning and designing a sustainable municipal solid waste (MSW) management system. For that reason, there is a need to build a model to predict the amount of MSW generated in the near future. Based on previous research, artificial neural networks (ANN) show better results in predicting waste generation compared to other mathematical models. In this research, an ANN model using the iterative algorithm Broyden–Fletcher–Goldfarb–Shanno (BFGS) for the prediction of MSW fractions, based on the socio-demographic characteristics, economic and industrial data obtained in Croatia and summarized data of the member states of EU (EU-27 from 2020), showed good predictive capabilities. The coefficient of determination during the training cycle for the output variables; household and similar waste (HHS), paper and cardboard waste (PCW), wood waste (WW), textile waste (TW), plastic waste (PW) and glass waste (GW) were 0.993; 0.997; 0.999; 0.997; 0.998; and 0.998, respectively, while reduced chi-square, mean bias error, root mean square error, mean percentage error, average absolute relative deviation and sum of squared errors were found low. In this paper, Yoon′s method of interpretation shows the relationships between socio-demographic data and the amount of generated waste. The results indicate that the lowest level of education shows a negative impact on observed waste-types calculations, with a relative impact between −9.889 and −4.467%. The most pronounced positive impact on the calculation of HHS, PCW, WW, TW, PW and GW was observed for year variable, gross domestic product, exports of goods and services, imports of goods and services, wages and salaries, secondary income, arrivals in collective accommodation establishments, overnight stays in collective accommodation establishments and exports of petroleum and petroleum products to partner countries, with a relative influence of 4.063–7.028; 2828–4851; 5240–6197; 5.308–6.341; 4290–4810; 4533–5805; and 4.345–4.493, respectively. The obtained results indicate that the amount of HHS waste at the EU-27 level in 2025 will decrease by approximately 18% compared to the data from 2018. The quantities of other observed recyclable types of waste will increase by 34% for PCW, 310% for WW, 40% for TW, 276% for PW and about 67% for GW. The amount of waste generated provides the basic information needed to plan, operate and optimize the waste management system. It could also help in the transition to an environmentally friendly and economically profitable circular economy. The model created in this research could also help with the system of separate waste collection, which would lead to more efficient recycling and the achievement of the set goals for recycling 55% of municipal waste by 2025.

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Boros, Anita, et Csaba Fogarassy. « Relationship between Corporate Sustainability and Compliance with State-Owned Enterprises in Central-Europe : A Case Study from Hungary ». Sustainability 11, n^o 20 (14 octobre 2019) : 5653. http://dx.doi.org/10.3390/su11205653.

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Our study deals with the control of Hungarian state-owned business associations in order to find out whether there is any correlation between corporate sustainability and compliance. According to our hypothesis, the state has a greater responsibility for the sustainable operation of state-owned enterprises—one of the tools of which can be the efficient construction of so-called compliance controls. A state-owned enterprise can be sustained in its operation and function by doing what it has been assigned to it as a task. The sustainable operation can be achieved through the use of circular feedback and continuous control. Corporate sustainability can be influenced by a number of factors that are crucial to the integrity and adequacy of companies. In our study, these are the Initial Hazard Factors (IHFs), Hazardous Increasing Factors (HIFs), and Control Enhancement Factors (CEFs), which were used in indexed form for testing. For the specific analysis, we used the Analytical Hierarchy Process (AHP) method to rank and evaluate risk avoidance options. We analyzed the practice of the State Audit Office of Hungary and its results and found that in the case of state-owned enterprises, the current Hungarian legal system does not contain uniform normative regulations that would regulate the control of conformity in a broader sense. As a result, corporate integrity and corporate compliance are also subject to a fragmented set of rules in different jurisdictions. This has a negative impact on the development of the company’s long-term, sustainable operating principles. Based on our research, a number of factors have been identified (including enterprise size and intensive use of EU funding resources) that may result in a loss of corporate sustainability but can be mitigated or even eliminated by creating an effective internal control environment. Based on literature analysis, most of the Hungarian phenomena are typical of the former socialist countries of Central Europe. The interpretation of sustainability—in transition management countries—for first-generation enterprises which were developed in a socialist market economy is quite different from the most developed countries of the European Union. The main reason for this is that generational rules do not yet exist.

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Buccino, Giulia, Elisabetta Iossa, Biancamaria Raganelli et Mate Vincze. « Competitive dialogue : an economic and legal assessment ». Journal of Public Procurement 20, n^o 2 (31 mars 2020) : 163–85. http://dx.doi.org/10.1108/jopp-09-2019-0059.

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Purpose The purpose of this paper is to discuss the economic and legal rationale for the use of the competitive dialogue in complex procurement. The authors use the data set of public contracts awarded by European Union (EU) member states between 2010 and 2017 to analyse its usage patterns. In particular, the authors identify the types of contracting authorities that mainly use the procedure, the sectors and contract characteristics and the role of institutional factors related to the country’s perceived corruption and level of innovativeness. Design/methodology/approach The authors discuss economic and legal issues in the use of the competitive dialogue. The authors use a data set of public contracts awarded by EU member states, published on the EU’s public procurement portal Tenders Electronic Daily (TED) to analyse usage patterns and explore the types of contracting authorities that use the procedure, the sectors and type of tenders. The data covers a sample of 1.242.090 observations, which relates to all the contract award notices published on TED in the period 2010-2017 for all the 28 European member states. A probit model is used as a methodology. Findings The empirical analysis reveals that the use of competitive value is greater for larger value contracts, for national rather than local authorities, for the supply of other manufactured products and machinery; for research and development and business, as well as information technology services; and for construction works. The level of perceived corruption and the gross domestic product/capita do not have explanatory power in the use of the procedure, whilst a country’s degree of innovativeness, as measured by the global innovation index, positively affects the probability of adopting the procedure. A decreasing trend in the use of competitive dialogue over time is observed. Research limitations/implications In conclusion, the countries examined benefited from a long tradition of public–private partnerships (PPPs) and from a transposition of the 2004 directive, able to provide an inclusive interpretation of complexity, and therefore, stimulate the adoption of the competitive dialogue in different sectors. Conversely, the countries, which postponed a concrete transposition and the overcoming of the confusing concept of complexity, limited the scope for the application of competitive dialogue, relying on the easier alternative: the negotiated procedure. Those circumstances lead to visible difficulties in stimulating the adoption of the procedure even in the traditional sectors; indeed, only with the new directive’s provisions a slight change in the trend can be seen. Practical implications To foster the use of the competitive dialogue in countries that have so far used it to a limited extent is important to improve upon the definition of complexity and learn from the experience of the top usage countries, as identified in the analysis. Social implications Helping the use of the procedure may facilitate the procurement of complex contracts such as PPPs, and thus, ease the building and management of public infrastructures for the provision of public services. Originality/value The authors are not aware of previous studies that have used the TED data set and studied the law in a number of European countries so as to understand the usage patterns for the competitive dialogue.

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Varga, András. « Rule of law in the 21st century ». Bratislava Law Review 3, n^o 1 (30 juin 2019) : 163–69. http://dx.doi.org/10.46282/blr.2019.3.1.141.

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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.

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Domingues, Joana Sousa. « The multilingual jurisprudence of the Court of Justice and the idea of uniformity in European Union Law ». UNIO – EU Law Journal 3, n^o 2 (12 mars 2019) : 125–38. http://dx.doi.org/10.21814/unio.3.2.10.

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It is generally accepted that the development of a Union of law is largely due to the judicial decisions of the Court of Justice of the European Union (hereinafter, CJEU). With its judicial pronouncements, the CEJEU aims to achieve the same legal effects in every language version of its judgments and, through them, to ensure the uniform application and interpretation of European Union law. Nevertheless, such judicial pronouncements, with normative and binding force, are the result of collegial decisions and drafted by jurists in a language that is usually nottheir mother tongue. In addition, they are also the result of various permutations associated with the necessary legal translation from and to (and vice versa) the working language of the Court and the official languages of the European Union. The published judgments presented as authentic are, in most cases, translations. To understand the construction of decisions of the CJEU is to understand the construction of the European Union law, and by consequence, the European project itself.

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Dragišić, Radmila. « Autonomy of higher education in the European Union : Case C-66/18 European Commission v. Hungary ». Politeia 11, n^o 21 (2021) : 83–96. http://dx.doi.org/10.5937/politeia0-31034.

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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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Lazíková, Jarmila. « The Notion of the European Union Trademark ». EU agrarian Law 8, n^o 1 (1 juillet 2019) : 21–31. http://dx.doi.org/10.2478/eual-2019-0004.

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AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

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Oplotnik, Tjaša. « Institutional Environment and Housing Conditions in the European Union ». Lex localis - Journal of Local Self-Government 6, n^o 3 (2 septembre 2009) : 287–309. http://dx.doi.org/10.4335/56.

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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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Ishchenko, Ivan, Kostiantyn Buhaichuk, Olha Tokarchuk, Kateryna Rudoi et Iryna Tsareva. « European experience of preventive activities performed by law enforcement agencies : administrative aspect and theoretical-legal aspect ». Cuestiones Políticas 40, n^o 75 (29 décembre 2022) : 263–73. http://dx.doi.org/10.46398/cuestpol.4075.17.

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The aim of the research was to reveal the peculiarities of preventive activities carried out by law enforcement agencies in the countries of the European Union. Attention is paid to the known methods of preventive work carried out by the police of different countries, which make it possible to prevent crimes and arrest criminals when they are still preparing to commit a crime. In this regard, models of preventive activities used in continental European countries are described. The methodological basis of the research is presented in comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. In the conclusions attention is paid to the peculiarities of prevention applied by individual members of the European Union, in particular, the policy of prevention by the Polish police, in terms of recidivism of persons who have already committed crimes. This policy is developed by borrowing from the European experience, because in some countries the emphasis is on extending the powers of police officers, in others - on maximum interaction with the society involved to help implement some police functions.

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Hetman, Yevhen A., Viacheslav S. Politanskyі et Kateryna O. Hetman. « Global experience in implementing electronic administrative services ». Journal of the National Academy of Legal Sciences of Ukraine 28, n^o 1 (24 mars 2021) : 79–87. http://dx.doi.org/10.37635/jnalsu.28(1).2021.79-87.

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One of the factors for the development of civil society in democratically developed countries is an effective, wellfunctioning institution for providing administrative electronic services. Despite the intensity and wide scope of research covering various aspects of providing electronic administrative services to the population, many issues in this area remain quite debatable, as well as understudied, which conditioned the relevance of the study. The study is aimed at investigating the specific features of implementing electronic administrative services in the practice of countries with the most developed e-government mechanisms. In the study of the problem, a set of general scientific and special methods of cognition was used, in particular, the leading methods were: dialectical, comparative legal, analysis, synthesis, interpretation. The study analysed criteria for evaluating electronic administrative services in the leading countries of the European Union and the United States. The study examines the basic electronic administrative services for citizens in online mode provided in the countries of the European Commonwealth. The study examines the global experience of implementing electronic administrative services in such countries as: USA; France; Great Britain; Germany; Estonia and Sweden. The author’s approach to defining the concept of electronic administrative services is formulated, based on a personal interpretation of this concept from the standpoint of general theoretical analysis. It is concluded that one of the best ways to encourage the provision of administrative services in electronic form in the countries of the European Union is to standardise their provision – the development of clear organisational and technical-technological rules and requirements, and their main position is that the provision of services through electronic means of communication should complement, and not replace other communication channels

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Napierała, Jacek. « Impact of European law on Polish company law ». Pravovedenie 65, n^o 2 (2021) : 155–65. http://dx.doi.org/10.21638/spbu25.2021.202.

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Since Poland’s accession to the European Union, European law has become part of the legal system in force in Poland. Treaties and regulations are directly applicable, whereas directives and recommendations require implementation into Polish law. Polish courts are obliged to apply and interpret European company law and to interpret Polish company law in such a way that it complies with European law. If in doubt as to the interpretation of European company law, the courts may — and in some cases must — refer a question to the Court of Justice of the European Union for a preliminary ruling. The judgment of the Court is binding on the courts of all Member States. Polish companies may conduct business activity in another Member State and foreign companies may conduct business activity in Poland. Companies of the Member States may conduct their business activities by establishing companies under the provisions of European law, e. g., Societas Europaea. Societas Europaea (SE) is a European public limited company whose capital is divided into shares. The European company is a cross-border company that can operate in the EU countries alongside national public limited companies. The autonomous status of an SE in relation to domestic public limited-liability companies is determined by two circumstances: first, the SE’s personal statute (lex societatis), legal capacity and other elements of the SE’s legal status are determined by the regulation either directly or by indicating the ways to fill in the gaps in the regulation; second, the content of the regulation, which contains specific rules for the creation and operation of the SE, distinguishes it from national public limited-liability companies. European law also influences the legal situation of Russian citizens and companies who are partners (shareholders) of a company registered in a Member State.

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Torp, Kristian, et Jakob B. Sørensen. « The Second Look in European Union Competition Law : A Scandinavian Perspective ». Journal of International Arbitration 34, Issue 1 (1 février 2017) : 35–54. http://dx.doi.org/10.54648/joia2017003.

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Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally limit their inquiry to a superficial review of the premises of the award and will only reluctantly set aside an otherwise valid award based only on matters of merit. The main purpose of this article is to provide an up-to-date analysis of the position of the Scandinavian courts, thus helping to ‘map’ the European arbitration landscape. Even so, we have attempted to include and contribute to a few of the main discussions concerning the landscape in which the decisions were rendered in the introductory section. In the last section, we build on the reasoning of the two Supreme Courts in order to propose a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries.

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Martínez San Millán, Carmen. « The cooperation agreements within the belt and road initiative : The european common commercial policy at crossroads ». Cuadernos Europeos de Deusto, n^o 03 (28 janvier 2022) : 51–69. http://dx.doi.org/10.18543/ced-03-2022pp51-69.

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To carry out Chinese investments in third countries under the Belt and Road Initiative, the China is currently concluding numerous cooperation agreements called Memorandums of Understanding with its objective States, including European Union Member States. These Memorandums of Understanding are international agreements, but not international treaties as such, which implies that these documents may not lead to rights and obligations under International Law. However, every Memorandum of Understanding signed between China and a European Member States should be interpreted in accordance with European Law. The problem is that Member States are presumably violating different instruments of this legal framework as well as the European Union Common Commercial Policy, which is an exclusive competence of this international organization, if we interpret that these cooperation agreements are masking free trade agreements. This paper aims to analyse this possible interpretation and its consequences for the European Union, as these agreements entail a weakening of the European trade and investment power and put the European Common Commercial Policy at crossroads. Received: 10 May 2021Accepted: 05 November 2021

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Lee, Bo Yeon. « Subsidiary Protection of the European Union and the Case Law of the Court of Justice of the European Union ». LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, n^o 1 (30 juin 2022) : 169–200. http://dx.doi.org/10.34267/cblj.2022.33.1.169.

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Complementary (or subsidiary) protection refers to the international protection provided outside the system of the Geneva Convention. Refugees who cannot return to their home countries due to violence or inhumane treatment but does not fall into the the legal definition of the Convention may be granted complementary protection status. Korea provides the humanitarian residence permit as a complementary protection. However, the Refugee Act has a few provisions on a humanitarian stay permit. This article examines subsidiary protection in the European Union which established the Qualification Directive (QD) and the case law of the Court of Justice of the European Union (CJEU) regarding the Directive. The QD provides refugee and subsidiary protection as a form of international protection. The objective of the Directive is to introduce the unified standards for determining who qualifies as a refugee or as a person eligible for subsidiary protection, and the content of international protection. Additionally, it was intended to equalize the legal status of subsidiary protection to refugee. The CJEU confirmed that the goal of the QD is to provide adequate protection to those who meet the requirements for international protection. The CJEU did not overlook the independent characters of the Directive, while taking into account the interpretation of other international treaties and the ECtHR. The Korean humanitarian residence permit system is not sufficient to fully revive the intent of complementary protection. To accomplish the purpose of international protection, it is required to draw clear rules regarding a humanitarian residence permit in the Refugee Act. It is also necessary to present clear requirements and application procedures for the permit, and to guarantee the status of humanitarian residents.

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Andersson, Krister. « The Business Views on Base Erosion and Profit Shifting and Its Implementation in the Group of Twenty and European Union ». Intertax 44, Issue 10 (1 octobre 2016) : 735–39. http://dx.doi.org/10.54648/taxi2016062.

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To decrease uncertainty and the risk of juridical double taxation, base erosion and profit shifting (BEPS) must be implemented and administered in a uniform way globally. Unfortunately, the European Union (EU) countries have embarked on a diverting path, with additional measures taken and with their own interpretation of some BEPS action points. The Directive (Anti-Tax Avoidance Directive) is furthermore a minimum standard for individual countries to be adjusted as individual Member States see fit. In the United States, on the other hand, there is considerable hesitation to introduce measures not already enacted earlier. Many countries in Asia have adopted a wait and see approach. The new and clarified rules of how to split taxable profit between countries will also be used in administrative procedures like state aid investigations in the EU. The Organisation for Economic Cooperation and Development (OECD), at request of Group of Twenty (G20), is aiming for uniformity but faces a tremendous challenge. An increase in tax disputes between countries is to be expected.

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Krupchan, Alexander, et Alexander Gaydulin. « Europeanization of private law as a hermeneutic and civilistics problem : an approach to the interpretation law institutionalization ». Legal Ukraine, n^o 11 (29 novembre 2019) : 21–30. http://dx.doi.org/10.37749/2308-9636-2019-11(203)-3.

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The article deals with the problems of the civilistic institutionalization of the interpretation law in the context of the Europeanization of private law. The basis of this study is the application of civilistic methods to investigate this problem. This article deals with the comprehensive study of the legal integration of the private law systems of the EU Member States and other European countries. In Comparative Law, this process is called Europeanization of private law. This is a broad topic that raises many questions. The issue of Europeazation of private law is an extremely multi-faceted problem. The current economic crisis is a challenge for the Europeanization of private law. There is a need to exchange experience in interpreting the concept of European Private Law after the 2016 Brexit referendumand to propose a common way of a coherent Europeanization policy strategy on this basis. In this context, Europeanization can be defined equally simply and broadly as a type regional international integration. However, this meaning is not so simple. Suddenly, after the 2016 Brexit, EU self-identification with all Europe is destroyed by one act. All this happened because level of European Union identification was very excessive. European academic lawyers spoke about it previously. In particular, it was stressed that they do not subscribe to the overly European Union-centric notion «Europe» that the term «Europeanization» implies. However, they went along with the widely used term «Europeanization», while noting its obvious inaccuracy. The «extremist wing of the Europeanization brigade» have tended to view the European states as little more than passive recipients duly implementing dictate of Brussels. Now Europeanization of private law for all EU member states should be understood as the «EU-ization», but it should take the form of a legal harmonization too. Europeanization of private law for all States, including Ukraine, should be interpreted as the legal cultural process or the common base of the harmonization of laws. And for this purpose academic lawyers should use this term as referring to the cross-culture comparing of legal paradigms at the domestic level. These paradigms could be the keys for understanding the legal convergence problem. They go to the very heart of the national (domestic) legal systems in Europe. Under these conditions, the concept of codification of private law in the form of a European civil code is hopelessly outdated. More promising is the way to approximate the mechanisms of legal interpretation. Indeed, there are all indications of the formation of a new civilistic institute, called the right of interpretation. This institute comes from ancient Roman ius interpretatio. That is why this modern institutionalization is a reception of Roman law interpretation. The article concludes that a coherent methodology is needed to clarify the process of institutionalizing the law interpretation. Therefore, there is a need to develop a new type of doctrine – the civilistic theory of law of interpretation. Key words: European private law, Europeazation of private law, law of interpretation, doctrine, civilistic methodology.

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Falcao, Tatiana. « Third-Country Relations with the European Community : A Growing Snowball ». Intertax 37, Issue 5 (1 mai 2009) : 307–21. http://dx.doi.org/10.54648/taxi2009032.

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The dissertation focuses on the development of the European Court of Justice’s (ECJ’s) jurisprudence in creating a legal doctrine applicable to European Union (EU) and non-EU members, when operating capital transactions to, from and within the Community. The main focus of the thesis is in the formulation of a policy that would reconcile the Member States’ need to protect their economies against the free inflow and outflow of capital resources while upholding one of the European Community (EC) Treaty’s main principles: the free circulation of capital. The article points out to the dilemma faced by the Court of Justice when deciding on direct tax cases: how to secure a coherent interpretation of the freedoms, including that of free movement of capital, while protecting Member States’ tax jurisdictions from the free inflow and outflow of capitals from third countries?

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Baber, Graeme. « Development, the European Union and the financial crisis : assessing the picture ». Journal of Financial Crime 23, n^o 2 (3 mai 2016) : 441–64. http://dx.doi.org/10.1108/jfc-09-2015-0049.

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Purpose The purpose of this paper is to investigate the developmental status of the Member States of the European Union (EU) in the wake of the global financial crisis. Design/methodology/approach The paper considers the three elements in pairs, i.e. development and the EU, development and the financial crisis, and the EU and the financial crisis, and synthesises these by answering the questions propounded in the introduction. A sustainable development index is constructed for all 28 Member States of the EU. In the next section, the association between the financial crisis and sustainable development is considered for four non-European developing countries, using correlation analysis. Following this, the construction of the EU’s regulatory framework in the wake of the financial crisis is summarised. Findings Member States who did not have the status of advanced economies on joining the EU have closed the development gap on their neighbours. Of the four non-European countries, the financial crisis is not a major factor in the sustainable development of three of them. Post-crisis legislative reforms within the EU are comprehensive. Nonetheless, a long-term perspective must be taken to effectively address the issues that underlie development, within the EU and beyond. Research limitations/implications The sustainable development index incorporates most, but not all, of the World Bank’s sustainable development goals. Countries omit to supply data to the World Bank, so figures need to be estimated. Regression analysis is avoided, because of the variable measurement problems therein. Therefore, no claims are made as to causation. All arithmetic workings are shown. Originality/value The paper integrates three concepts, which is a new research.

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Tátrai, Tünde. « Public procurement culture after accession to the EU – The case of a Central European transition country ». European Journal of Public Procurement Markets 1, n^o 1 (octobre 2018) : 52–61. http://dx.doi.org/10.54611/lips9563.

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Understanding and implementing European public procurement directives does not mean that countries that joined the European Union at a later stage were immediately able to adjust to their logic. It is not necessarily a problem of skills; cumbersome and slow learning is due much more to cultural differences, and lack of practice and knowledge of the interpretation of law by the European Court of Justice. This article sums up the results of four surveys presenting the changes in Hungary’s public procurement culture over 10 years, which has a useful message for other more recent Member States.

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Montalbán-Domingo, Laura, Madeleine Aguilar-Morocho, Tatiana García-Segura et Eugenio Pellicer. « Study of Social and Environmental Needs for the Selection of Sustainable Criteria in the Procurement of Public Works ». Sustainability 12, n^o 18 (19 septembre 2020) : 7756. http://dx.doi.org/10.3390/su12187756.

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Fostering sustainability in the construction industry has been claimed; however, important barriers are hindering its implementation in public procurement. The main reason is the lack of knowledge about what sustainability criteria should be included and the high level of subjectivity in the definition of their level of importance. Both aspects should be addressed depending on the specific context of each country. Therefore, the aim of this research focused on identifying the sustainability shortcomings that exist in each European Union country in order to determine the level of importance of each sustainability category. Five environmental categories and eight social categories were established, and, to assess the sustainability performance of the 28 European countries, 42 national indicators were selected and the Promethee method was undertaken to rank the countries. Finally, through a cluster analysis, two groups of countries were identified. The first group consisted of the most economically developed European Union countries. These countries need to focus mainly on the environmental performance. However, the second group needs to make an effort in social sustainability at the same time, which controls their environmental performance. This research provides guidance on the decision-making with regard to the inclusion of sustainability in public procurement of the construction industry.

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Nogueira, Manuel Carlos, et Mara Madaleno. « Are International Indices Good Predictors of Economic Growth ? Panel Data and Cluster Analysis for European Union Countries ». Sustainability 13, n^o 11 (26 mai 2021) : 6003. http://dx.doi.org/10.3390/su13116003.

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Every year, news about the publication of rankings and scores of important international indexes are highlighted, with some of the most prestigious being the Global Competitiveness Index (GCI), the Human Development Index (HDI), the Ease of Doing Business (EDB), the Environmental Performance Index (EPI) and the Global Entrepreneurship (GEI). A country’s progression in these indices is associated with economic growth, especially since several empirical studies have found evidence to reinforce these beliefs, the indices having been built based on the scientific literature on economic growth. Building a database on these indices for European Union countries between 2007 and 2017 and using panel data methodologies and then 2SLS (Two-Stage Least Squares) to solve the problem of endogeneity, we verify empirically through panel data estimates, what is the relationship between the mentioned indices and the European Union countries’ economic growth for the period. However, as the European Union is made up of diverse countries with different economic and social realities, we divided the countries into six clusters and made an individual interpretation for each one. We found that human development and competitiveness play an important role in economic growth, and entrepreneurship also impacts this growth. Regarding income distribution, applying the Gini index, we found that only human development mitigates inequalities.

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Ryłko-Polak, Iwona, Wojciech Komala et Andrzej Białowiec. « The Reuse of Biomass and Industrial Waste in Biocomposite Construction Materials for Decreasing Natural Resource Use and Mitigating the Environmental Impact of the Construction Industry : A Review ». Materials 15, n^o 12 (8 juin 2022) : 4078. http://dx.doi.org/10.3390/ma15124078.

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The construction industry is the world’s largest emitter of greenhouse gases. The CO2 emission levels in the atmosphere are already reaching a tipping point and could cause severe climate change. An important element is the introduction of a technology that allows for the capture and sequencing of carbon dioxide levels, reducing both emissions and the carbon footprint from the production of Portland cement and cement-based building materials. The European Union has started work on the European Climate Law, establishing the European Green Deal program, which introduces the achievement of climate neutrality in the European Union countries. This includes a new policy of sustainable construction, the aim of which is to develop products with a closed life cycle through proper waste management. All efforts are being made to create generated waste and thus to support their production and/or use as substitutes for raw materials to produce biocomposites. This article reviews environmental issues and characterizes selected waste materials from the agri-food, mineral, and industrial sectors with specific properties that can be used as valuable secondary raw materials to produce traditional cements and biocomposite materials, while maintaining or improving their mechanical properties and applications.

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Mikołajczyk, Barbara. « The Migrant Crisis and Refugees – a Crisis of EU Solidarity ». Polish Review of International and European Law 9, n^o 2 (14 novembre 2020) : 169–97. http://dx.doi.org/10.21697/priel.2020.9.2.07.

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The migration and refugee crisis in Europe 2015–2016 has posed a great challenge to the international and European community in terms of solidarity with refugees, forced migrants and countries most vulnerable to large waves of migration. It would seem that solidarity in the European Union is well established, but it turned out that the crisis situation triggered a different interpretation of solidarity within the EU and revealed the weaknesses of burden sharing mechanisms. The intra-EU solidarity proved to be the most difficult to achieve in practice. In this study considerable attention is paid to the principle of solidarity in the EU law and its interpretation by Member States as well as the Court of Justice. Moreover, the conducted analysis concerns three main EU solidarity and burden sharing measures – the Dublin mechanism, the applied in 2015 relocation schemes and ‘forgotten’ temporary protection measures. Their inadequacy in times of crisis became an important lesson both for the States as well as for the European Union itself and makes us rethink the concept of solidarity and its practical application.

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Soprano, Roberto. « The Principle of Effectiveness in the Interpretation of the Protocol of Accession of China to the World Trade Organization : Market Economy Considerations in Anti-Dumping Investigations ». Legal Issues of Economic Integration 46, Issue 1 (1 février 2019) : 29–52. http://dx.doi.org/10.54648/leie2019003.

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China’s requests for consultations with the European Union and the United States formally initiated WTO disputes regarding certain provisions of the European Union and United States Anti-Dumping laws pertaining to the determination of normal value for ‘non-market economy’ countries. By filing such requests, China officially requested theWTODispute Settlement Body to clarify one of the most controversial and difficult to interpret ‘pieces of WTO law’. This article addresses the interpretation of section 15 of China’s Protocol of Accession in light of the principle of effectiveness to offer a different perspective on the ongoing dispute. It analyses whether the expiration of paragraph (a)(ii) will automatically prohibit Member States from deviating from standard rules to calculate normal value after 11 December 2016. It focuses particularly on section 15(d) and the criteria to be used to assess if China is (or is not) a market economy

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Goeteyn, Geert. « EU Aviation Scene : Major Developments July 2008–November 2008 ». Air and Space Law 34, Issue 2 (1 avril 2009) : 105–26. http://dx.doi.org/10.54648/aila2009011.

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This article gives an overview of the major developments on the European Union aviation scene between 1 July 2008 and 30 November 2008. In particular: – The consolidation drive continued unabated. In addition to the alliance arrangements between Continental Airlines, United Airlines, and a number of other Star Alliance carriers announced in June 2008, American Airlines, British Airways, and Iberia made public in August 2008 that they had also applied for an antitrust immunity of their proposed alliance. The European Commission opened ex officio investigations into both alliance arrangements. During the period under review, the European Commission also cleared the Delta Airlines/Northwest Airlines merger, started an investigation into Lufthansa’s proposed acquisition of a 45% stake in SN Holding, the parent company of Brussels Airlines, and decided to open an in–depth investigation into the KLM/Martinair merger. Other transactions that were mentioned in the press include Lufthansa’s acquisition of a majority ownership of bmi British Midland, and its intention to acquire control of Austrian Airlines, which is being privatized by the Austrian Government. British Airways is in merger negotiations with Iberia and it is rumored that Air France/KLM may still end up acquiring a (majority) stake in Alitalia. – There have been major developments in the State aid field during the period under review. The European Commission and the European Court of First Instance adopted important decisions with regard to Alitalia, and there have been further developments in the Olympic State aid matter.The European Commission also adopted State aid measures in a number of other aviation–related cases – There were a number of noteworthy regulatory developments during the period under review, most importantly the publication in the Official Journal of the new regulation on the internal market for air transport, which brings together in one single legal instrument the three 1992 regulations that hitherto formed the pillars of the internal aviation market and that controlled (1) the licensing of air carriers, (2) the access of European Union carriers to intra–European Union routes, and (3) the fares and rates for air services. There were also further developments regarding the proposal for a new CRS (computerized reservation system) Code of Conduct. In addition, a Directive extending the European Union Emission Trading Scheme to aviation was finally adopted, and the European Court of Justice adopted a ruling on the interpretation of the concept of ‘flight’ for the purposes of the application of Regulation 261/2004 on compensation and assistance in the event of denied boarding, cancellation, and long delay – Finally, with regard to the European Union external aviation policy, the European Commission published a report on its progress toward the creation of a Common Aviation Area (CAA) with the neighbouring countries by 2010. There were also further developments regarding the negotiation or conclusion of horizontal air services agreements with third countries. Each of these points will be examined in greater detail in the sections below.

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Belskaia, E. I. « Free Trade Agreements is EU Court Decisions : Overcoming Fragmentation and Correlation with the Primary Law of European Union ». Rossijskoe pravosudie 1 (25 décembre 2020) : 37–49. http://dx.doi.org/10.37399/issn2072-909x.2021.1.37-49.

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Free trade agreements between the EU and third countries are used as of one of the tools of creation of a domestic market and foreign policy. This article discusses the practical aspects of the enforcement of such agreements by the Court of the EU and the possibility of their direct action, as well as the interpretation of these agreements and their relationship with the obligations of the EU member states under primary law. The most effective way to overcome all possible contradictions is the consistent and consistent application of this rules by the Court of Justice of the EU.

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Bevzenko, Volodymyr, et Yurii Tsvirkun. « THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION : EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE ». Baltic Journal of Economic Studies 8, n^o 5 (30 décembre 2022) : 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.

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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.

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Nikolic, Dusan. « Elements of judge-made law in Serbia and European Union ». Zbornik Matice srpske za drustvene nauke, n^o 126 (2009) : 7–40. http://dx.doi.org/10.2298/zmsdn0926007n.

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Serbia has developed a legal system of state regulations of the European continental type. The majority of legally relevant relations are governed by norms in the form of laws and other general legal acts adopted by bodies of the legislative and executive branches of government. In accordance with the principle of division of power proclaimed by the constitution, courts are obliged to consistently apply general rules. Judges should apply the law, not create it. In other words, jurisprudence is not considered to be a formal source of law. However, in reality, courts have always played a much more significant role in the process of shaping the legal system. This role has ranged from a very broad interpretation of statutory rules to the creation of individual rules in order to fill legal lacunae, and even creating general legal rules. Evidence of this are the numerous examples from the history of Serbian law, which is briefly outlined in the following pages. The historical overview presents the role of courts in mediaeval Serbia, during the period of uprisings against the Turkish occupation (1804-1830), during the time of the creation of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia), and in the post-revolutionary period in socialist Yugoslavia. Particular emphasis is placed on the mixed legal system with elements of judge-made law developed on the territory of the Province of Vojvodina between the two World Wars. In the second part of the paper, the role of courts in the modern law of Serbia is discussed. In that context, mention is given to constitutional approaches, current trends and the informal influence of courts in the process of shaping the legal system. A few pages have been dedicated to the problems facing courts in Eastern European in the period of transition. This primarily relates to the implementation of the community acquis which is developing at an alarming speed with far-reaching consequences for legal, economic and social stability in many countries, as well as the European Union itself. The acceptance of high and often objective unachievable legal standards widens the gap between the normative and the actual. Legal insecurity rises, and with it, mistrust in state institutions, including the courts, which carry particular responsibility for the creation of a new legal environment. The concluding segment of the paper is devoted to the role of courts in a future European law. In that context, current trends in the European Union are presented. Special consideration is given to the broad competencies of the Court of Justice of the European Communities, which delve as far as creating legal rules. Changes taking place in Europe point to the need to reconsider traditional teachings on the division of power and redefine the position of courts.

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Horolets, Anna. « Construction of Self and the Other in the Accounts of Polish Travellers to Post-Soviet Countries ». Anthropological Journal of European Cultures 18, n^o 2 (1 septembre 2009) : 123–39. http://dx.doi.org/10.3167/ajec.2009.180208.

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Travel is one of the important modes of identity construction. It is influenced by individual choices as well as by macro-contexts of institutional practices and changes. Based on the study of the accounts of young middle-class Polish travellers to the former Soviet Union countries, this article attempts to demonstrate the ways in which macro-processes of systemic transformation and European integration affect the identity-building processes. After offering a discussion of the cultural meanings of emphasising the uniqueness of their experience and difference from 'mainstream tourists' by the travellers, the article turns to the interpretation of the role of the encounter with local dwellers as an important identity-formation related experience. The analysis of the acceptance or rejection of food from local dwellers demonstrates the ambiguous attitude of travellers to the local dwellers and attempts to place this ambiguity in the macro-context.

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Meijer, Frits, et Henk Visscher. « Quality control of constructions : European trends and developments ». International Journal of Law in the Built Environment 9, n^o 2 (10 juillet 2017) : 143–61. http://dx.doi.org/10.1108/ijlbe-02-2017-0003.

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Purpose This paper aims to evaluate the quality control systems for constructions in seven countries in Europe with the purpose to trace innovative approaches and best practices that can serve as examples for other countries. Design/methodology/approach The paper is based on a series of research projects carried out over a number of years. The research results were updated in 2016 with a desktop research project in seven European countries. The results from this latest project form the heart of this paper. The information is organised into tables that describe and analyse the main features of the quality control systems of the countries (e.g. scope, focus and main characteristics of the procedures and quality demands on building professionals). Findings Several similar trends can be recognised in the quality control systems of the various European Union (EU) countries. Quality control is getting more and more privatised and the control framework is setting checks and balances throughout the construction process. Other findings are that scope and focus of the statutory control is unbalanced. Within the control processes emphasis is put on the safety aspects of complex constructions. Far fewer demands are made on the quality of the builders. Re-orientation of the building regulatory framework seems to be needed. Research limitations/implications The paper only focusses on European countries where private quality control is established and on selected topics. The findings are based on desktop research and not on the practical experiences of the stakeholders involved in the countries studied. Practical implications The paper draws some important recommendations for policymakers in the building regulatory field. It suggests both an enhancement of the effectiveness of the quality control procedure as well as the commitment of builders to comply with the regulations. Social implications The quality of constructions is essential for the wellbeing and safety of its users, its occupants or its visitors. This applies to the whole range of quality aspects: structural- and fire safety, health, sustainability and usability aspects. The analyses and recommendations of this paper aim to contribute to an improvement of the overall construction quality. Originality/value The paper makes an original contribution to the (limited) literature that is available in this field. The results can be used to situate the quality control systems of each member state within the EU, to assess the main trends, and it can be used as a guide to develop strategic choices on possible improvements in each country.

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Nepomnyashchyy, Oleksandr, Oleksandra Marusheva, Yurii Prav, Viacheslav Shandryk et Igor Zhebelev. « Conceptual approaches to state regulation of the construction industry : the experience of Ukraine and EU states ». Revista Amazonia Investiga 11, n^o 54 (30 août 2022) : 199–207. http://dx.doi.org/10.34069/ai/2022.54.06.19.

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Ensuring sustainable development of the construction industry is one of the priorities of state policy, and in conditions of socio-economic and socio-political instability the relevance of this issue is particularly exacerbated. The purpose of the study is to substantiate the main conceptual approaches to the state regulation of the construction industry in Ukraine and the European Union. The study uses such methods of economic analysis as analysis, synthesis, abstraction, comparison, analogy, observation, monitoring, systematization, generalization, graphic and tabular analysis. As a result of the study it was established found that the state regulation of the construction industry consists of a complex of legislative and regulatory acts, through which the state has a regulatory influence and determines the main strategic priorities of the construction industry. Among the main problems of state regulation of the building branch weakness of institutional and legal provision, discrepancy of normative-legal and legislative acts to the norms of international and European law in the building sphere, imperfection of technical regulation of town-planning activity, process of licensing and technical supervision, and also insurance of building activity has been determined. It has been cleared out, that in European Union countries the state regulation of the building branch is more perfect and effective than in Ukraine.

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DUMITRAȘCU, Mihaela-Augustina, et Oana-Mihaela SALOMIA. « Eficacitatea măsurilor adoptate de Uniunea Europeană pentru sprijinirea statelor membre în perioada pandemiei de Covid-19 ». Analele Universitării din București Drept 2020, n^o 2020 (13 janvier 2020) : 242–55. http://dx.doi.org/10.31178/aubd.2020.13.

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"The European Union has faced an unprecedented health crisis in recent months, followed by a major economic crisis for member states. In accordance with the competences assigned to it by the Member States, the Union has acted in the medical, economic and financial fields, providing financial and logistical support to the Member States, however, at the beginning of the pandemic, it was observed that the Union faced at least two sensitive issues, namely the lack of visibility of its actions and the reaction of some Member States or acceding countries that were “abandoned” in the fight against the virus. Gradually, the Union institutions have begun to take concrete and effective measures, with a positive impact on both health and economic levels. At the same time, given that many Member States have triggered a state of emergency at national level which has involved, inter alia, the restriction of certain rights and freedoms, the European institutions have adopted certain similar restrictive measures, in particular movements of goods and persons; these restrictions must comply with the specific provisions of primary and secondary Union law, as well as the case law of the Court of Justice of the European Union. In conclusion, from the point of view of the legal analysis of the construction of the Union, it is important to follow the outlines of reflections on overcoming this crisis and how they will lead to the revision of the EU Treaties both in terms of institutional structure and competence."

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Mykytyn, Y. I. « European Union criminal procedure policy as part of the European Union's policy in the field of the fight against criminality ». Analytical and Comparative Jurisprudence, n^o 3 (20 février 2022) : 190–95. http://dx.doi.org/10.24144/2788-6018.2021.03.35.

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This article is devoted to finding the term that would be optimal for naming the procedural part of the European Union's policy in the field of the fight against criminality. The terms «EU policy in the field of the fight against criminality», «EU criminal policy», «EU law enforcement policy» are used to refer to a separate type of European Union policy. Adhering to the position of giving preference to the use of the term «policy in the field of the fight against criminality», it is seen that such a construction can be applied in the context of the European Union and, as we see, is in demand. However, it should be recognized that a significant number of European scholars use the term «criminal policy of the European Union». Thus, it is proposed to use the term «European Union policy in the field of the fight against criminality» as a generalized concept that better reflects its non-level, but namely complex structure and relatively independent but interconnected basic elements, parts, first of all, EU criminal policy and EU criminal procedure policy. Of course, we can talk about other parts of the European Union's policy in the field of the fight against criminality, in particular, criminology, but the primary interest in the study is its procedural component. There are various terminologies in the literature that define it. For example, the following options can be identified: 1) «EU policy in the field of judicial and law enforcement cooperation»; 2) «European Union Justice and Home Affairs Policy». The term «EU policy in the field of justitia and home affairs», which is as close as possible to the latter wording and also used; 3) «European Union policy on criminal procedure»; 4) «European justice policy». The most common term is «procedure». For example, «criminal procedure policy of the EU» and its interpretation. The words «procedure» and «process» are synonymous words. Accordingly, to denote the procedural part of the European Union's policy in the field of the fight against criminality, it is acceptable to use the term «criminal procedural policy of the European Union» as the optimal.

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Robu, Raluca Georgiana, Ana-Maria Holobiuc, Alina Petronela Alexoaei, Valentin Cojanu et Dumitru Miron. « Regional Patterns of Pesticide Consumption Determinants in the European Union ». Sustainability 15, n^o 3 (21 janvier 2023) : 2070. http://dx.doi.org/10.3390/su15032070.

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This article contributes to the discussion about the socioeconomic factors that reinforce pesticide dependence in the European Union and hinder the transition to more sustainable agricultural practices in light of the European Union’s Green Deal objective of reducing the use of pesticides by 50% by 2030. The analysis has a two-pronged purpose: (1) to identify the determinants of pesticide consumption in the European Union by conducting a set of four seemingly unrelated regressions and (2) to emphasize the existence of regional patterns across EU countries formed by the factors that significantly impact pesticide consumption based on a cluster analysis. Per capita GDP, selling prices, population, and real income positively influence pesticide use, whereas subsidies and organic agricultural area negatively influence them. Pesticide use is most affected by GDP per capita and least affected by subsidies. Cluster analysis highlights regional differences reflected in three clusters: (1) the most recent EU member states, (2) the European countries with large population levels, and (3) the countries with the highest GDP per capita. Our findings may contribute to the EU’s capacity to generate policy changes at the member state level and can be built into recommendations to address the persistent overuse of pesticides.

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Knebel, Andreas. « Double Taxation Treaties : The Autonomous Interpretation Method in German and English Law ; as Demonstrated by the Case of the Silent Partnership ». Intertax 38, Issue 3 (1 mars 2010) : 136–52. http://dx.doi.org/10.54648/taxi2010015.

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The authors explore the current state of the case law in Germany and England regarding the silent partnership in international taxation. The main concern is the interpretation and application of the double taxation treaty as a bilateral convention: how will German courts and fiscal authorities react to the Memec case series in view of existing case law on double taxation convention (DTCs) with other countries? Will they respect the English view on the qualification proceeds from a German ‘atypical’ silent partnership under the DTC or will they continue to apply an outdated and arguably ill-founded reasoning? The discussion wants to contribute to the evolution of a truly and much needed international legal doctrine within an ever-expanding European Union.

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Gamba, Dimitra, et Dimosthenis Lentzis. « Crafting Constitutional Identity in the Era of Migration and Financial Crises–The Case of Greece ». German Law Journal 18, n^o 7 (1 décembre 2017) : 1683–702. http://dx.doi.org/10.1017/s2071832200022495.

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The debate on the exact meaning and content of their constitutional identity has a long history in many European countries, with national courts playing the leading role. Ten years ago, this debate was given a new boost by the Treaty on European Union (TEU), article 4 paragraph 2 of which urges the European Union to respect the constitutional identities of the Member States. The national courts in a number of Member States saw in this provision the recognition of their zealous efforts to control the ongoing expansion of EU competences and to overcome the absolute primacy of EU law over domestic constitutional law. In Greece, however, no debate on the possible use of constitutional identity as a limit to the European Union and its law had taken place—at least not until recently. Our main objective in this article is to try to explain why Greek courts, and especially the Symvoulion Epikrateias, the supreme administrative court, failed to develop and make recourse to a notion of constitutional identity, even in cases they had good reasons to do so, and to find out if—and, if yes, to what extent—the situation has changed after the outbreak of the financial and, soon after, the migration crises. The analysis of the relevant case-law will permit us to conclude that the Greek constitutional identity is currently still under construction and that it is constructed using elements from both the liberal and the exclusionist models.

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Idrizi, Arsim. « THE ROLE AND IMPORTANCE OF THE PARLIAMENT OF THE REPUBLIC OF MACEDONIA FOR THE CONSTRUCTION OF FOREIGN AND SECURITY POLICIES ». Knowledge International Journal 28, n^o 6 (10 décembre 2018) : 1901–4. http://dx.doi.org/10.35120/kij28061901a.

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Through this scientific research it is analyzed the legislation and the impact of Macedonian Parliament in establishing of Foreign and Security Politics. it is done the analyze about essential sources of the definition of position in the Assembly of Republic of Macedonia, beginning from the Constitution, Regulation and Foreign Law of Parliamentary Work, about the law of Foreign Affairs and Law Framework of Security Politics. As well it is explained the role and the work of Parliamentary Commission in the establishing of Security and Foreign Politics such as: the Commission of Foreign Affairs, Commission of Defense and Security, Commission of Secret Services and the Commission of the European Issues, so far is elaborated Cooperation Board with Other Parliamentary Commissions. At the end of the first part, Work Groups of the Parliament of Republic of Macedonia with parliaments of other Countries.At the first research to International Relationship – Foreign Politics and Security, especially is explored the Relationship and Cooperation with neighboring Countries and with some European South - Eastern, Countries. The role of Parliament of Republic of Macedonia it is analyzed and explained as well and the cooperation with Parliamentarian Assembly of Organization of United Nations (UN), Organization for Security and Cooperation in Europe (OSCE), The Parliament of European Union, Organization of North Atlantic Alliance (OTAN) and European Council.

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Kępiński, Jakub. « Polish industrial property law ». Pravovedenie 65, n^o 3 (2021) : 283–300. http://dx.doi.org/10.21638/spbu25.2021.303.

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In recent years, entrepreneurs have become increasingly aware of the legal means to protect intangible goods, but to ensure proper protection it is necessary to possess certain knowledge of the ways how to do it efficiently. The article is intended to explain the basic issues of Polish industrial property law. The systematics of Polish law including the issues concerning inventions, utility models, industrial designs, trademarks and geographical indication have been presented. However, currently it is not enough to be familiar with the national laws of each member states of the EU. It is also necessary to know EU law which affects strongly the law of individual member states. Therefore Polish industrial property law cannot be interpreted without taking into account EU law. At the same time, it is difficult to accurately delineate the boundaries of EU law. For example, there is the concept of a “European patent”, which will be granted by the European Patent Office in Munich. The “European Patent” is based on the European Patent Convention of 5 October 1973. It must be noted that the European patent is not an EU instrument and the Convention itself is not part of the EU acquis communautaire. Nevertheless, it is an important instrument signed by 38 countries, including all EU Member States. The European patent is often referred to as a “bundle of national patents”, and patent protection may differ from country to country. On the other hand, the law of EU Member States has only been harmonised to some extent. Thus, there is a need for further harmonisation as well as uniform interpretation of the existing provisions by the national courts and by the Court of Justice of the European Union. Thus, in the coming years, also Polish industrial property law may be expected to have been amended accordingly.

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Karasek, Aneta, Barbara Fura et Magdalena Zajączkowska. « Assessment of Energy Efficiency in the European Union Countries in 2013 and 2020 ». Sustainability 15, n^o 4 (13 février 2023) : 3414. http://dx.doi.org/10.3390/su15043414.

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In the face of the current energy crisis and the need to implement the objectives of climate and energy policy, it seems necessary to examine energy efficiency. Accordingly, this article aims to assess the energy efficiency of European Union (EU) countries. The assessment is performed using data envelopment analysis (DEA), a non-parametric method of measurement of relative efficiency. Ireland recorded the highest energy efficiency both in 2013 and 2020. The average efficiency of all countries assessed was lower in 2020 than in 2013. The number of fully efficient countries had decreased in 2020 compared to 2013. The differentiation of countries in terms of energy efficiency had increased in 2020. The research made it possible to express the efficiencies of countries using a single indicator applied to establish countries’ rankings. The lowest-ranked states are encouraged to improve their technologies for transforming inputs into outputs following the technologies of the benchmark countries. Moreover, a new approach to defining and measuring energy efficiency is proposed. We define energy efficiency as the ratio of services, goods and/or energy obtained to the energy input. In analysing energy efficiency, we emphasise dynamic perspectives rather than static ones.

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Nijkeuter, Erwin, et Maarten F. de Wilde. « FII 2 and the Applicable Freedoms of Movement in Third Country Situations ». EC Tax Review 22, Issue 5 (1 octobre 2013) : 250–57. http://dx.doi.org/10.54648/ecta2013027.

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In this article, the authors discuss the approach that the Court of Justice of the European Union (CJEU) adopts in deciding which of the European treaty freedoms apply to third country situations. On 13 November 2012 the CJEU delivered a landmark ruling on this matter in the Test Claimants in the FII Group Litigation case. The CJEU observed that if the tax legislation in question is of a general nature then the free movement of capital also applies where European Union (EU) resident entities derive taxable proceeds from majority interests held in companies resident in third countries. In reaching this conclusion, the CJEU adopted an approach that seems to differentiate from that applied in earlier judgments. Moreover, the CJEU's findings clearly differ from the approach taken by the Dutch Supreme Court in various recent judgments. The Dutch Supreme Court considers external cross-border investments in majority shareholding interests as acts of establishment, which are not protected under EU law, because the freedom of establishment does not apply to third country situations. Assessing EU jurisprudence, the authors seek to answer the question which treaty freedom applies in cases involving the direct taxation of proceeds from cross-border third-country corporate shareholding interests and where does the approach adopted by the CJEU differ from that of the Dutch Supreme Court? The authors further address some potential consequences that the CJEU case law on this matter could have on the future interpretation of the freedom of capital.

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Rapsikevičius, Jonas, Jurgita Bruneckienė, Rytis Krušinskas et Mantas Lukauskas. « The Impact of Structural Reforms on Sustainable Development Performance : Evidence from European Union Countries ». Sustainability 14, n^o 19 (3 octobre 2022) : 12583. http://dx.doi.org/10.3390/su141912583.

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The European Union (EU) is a unique economic integration organization with standard policies that seek common goals among members, such as convergence and sustainable development. It aims to become a climate neutral economy by 2050. With structural reform implementation, each EU member country can work towards these set goals in accordance with their own welfare. However, a trade-off between the individual welfare goals of a country and the common goals of the EU should be reached. This article analyzes the impact of structural reforms on sustainable development performance in European countries. The article contributes to a gap in the literature because, to date, previous research has examined the effects of structural reforms on economic or environmental measures in groups of nations but has often lacked an adequate sustainable development context. In addition, the clustering of European Union countries according to different social policy regimes requires clarification of the perceptions and knowledge about the influence and usefulness of structural reforms for sustainable development performance. The research uses the panel data of the Heritage Index of Economic Freedom and Sustainable Development Goals agenda from the Eurostat database. The data cover 27 countries of the European Union for a period of 11 years (2010–2020). The research panel includes 297 observations. We found different results regarding the influence of structural reforms on sustainable development performance under different social policy regimes and the regulatory trap for homogeneous sustainable development in the European Union. The paper provides original empirical evidence and specifies the targets of structural reforms in relation to sustainable development. The results provide guidance for policymakers to develop more appropriate and efficient sustainable development policies.

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Kozanecka, Paulina. « Chinese Legal Terminology in European and Asian Contexts Analysed on the Example of Freedom of Contract Limits Related to State, Law and Publicity ». Studies in Logic, Grammar and Rhetoric 53, n^o 1 (1 mars 2018) : 141–62. http://dx.doi.org/10.2478/slgr-2018-0008.

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Abstract The aim of this research was to analyse Chinese legal terminology related to limits of freedom of contract in juxtaposition with other European and Asian legal systems. The study was limited to state, law and publicity. The purpose of the comparison was to add a broader perspective to the research on Chinese legal terminology. The research material included civil codes and contract laws of selected European and Asian countries. Among the European codes the great ones were obviously included – French, Austrian and German, as well as those of less importance, but still relevant in Europe, such as Italian, Spanish codes or Swiss Law of Obligation, and also codes of Slavic and simultaneously post-socialist countries, like Poland, Czech Republic and Russia. In the case of Asia, the codes of China, Japan, South Korea and Vietnam were analysed. The question asked was whether the terminology used in Chinese law is unique or repeated and if so, how common it is in comparison with other legal systems. The research methods included the parametric approach to legal terminology comparison and techniques of legal construction (interpretation).

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Mariani, Paola. « The EU Market in Times of a Global State of Emergency : Internal and External Trade Barriers in the Age of Pandemics ». Legal Issues of Economic Integration 48, Issue 1 (1 avril 2021) : 5–18. http://dx.doi.org/10.54648/leie2021002.

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This article explores the immediate reaction of the EU and its Member States to the Coronavirus disease 2019 (COVID-19) outbreak in Europe in terms of trade restrictions. Almost all Member States adopted export control measures on personal protective equipment (PPE) essential to combat the pandemic in order to preserve it for the domestic market. The trade barriers affected the intra-EU trade as well as the external trade with third countries. The article explores whether and to what extent these restrictive measures on exports within the internal market may be justified on grounds of the protection of health and life of humans, as allowed by Article 36 Treaty on the Functioning of the European Union (TFEU). It will be argued that the consolidated case law justifying a Member State facing health emergencies to adopt restrictive measures to protect the population on its territory is not suitable in case of pandemics. The degree of market integration and the rising concept of health solidarity as an EU objective allow a different interpretation of the health exception assuming as term of reference the whole EU population. The article further analyses the export authorization scheme adopted by the Commission to allow restrictions on exports of PPE to third countries in case of shortages in essential goods in the Union. The article concludes by suggesting a preventive EU mechanism of control of intra-EU export restrictions in case of serious cross-border threats to health, similar to the export authorization scheme for extra EU exports, in order to avoid unilateral and disjointed responses by Member States in the future. COVID-19 crisis, European Union response, Export control measures, Public health exception to free movement of goods, Member States general interest, Health solidarity in the EU, External trade restrictions, Export authorization schemes.

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Martirosyan, E. G. « Legal Regulation of the EU Common Agricultural Market ». Journal of Law and Administration 16, n^o 2 (26 juin 2020) : 89–97. http://dx.doi.org/10.24833/2073-8420-2020-2-55-89-97.

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Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs, as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.

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Tarpani, Elena, Cristina Piselli, Claudia Fabiani, Ilaria Pigliautile, Eelke J. Kingma, Benedetta Pioppi et Anna Laura Pisello. « Energy Communities Implementation in the European Union : Case Studies from Pioneer and Laggard Countries ». Sustainability 14, n^o 19 (1 octobre 2022) : 12528. http://dx.doi.org/10.3390/su141912528.

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Energy communities are a promising strategy for a global energy transition. European Union (EU) regulatory frameworks are already established and clearly explained, aiming to develop as many projects as possible in the different European countries. Accordingly, it is necessary to present two different types of countries: the laggards and the pioneers, two categories that highlight the discrepancies in policy, bureaucracy, culture, and usage of alternative sources and technologies, such as renewable energy, towards the implementation of energy communities. This work compares two representative case studies to qualitatively understand the differences between laggard and pioneer countries: Italy and the Netherlands, respectively. The regulatory framework and the solid points/shortcomings of each country are explained first. Thereafter, an accurate description of the two selected case study communities and their different peculiarities is provided. Finally, the main similarities and differences are stressed to discuss the lessons to be learned in laggard and pioneer countries. Five pillars for the development and uptake of energy communities are identified related to regulations, economic benefits, technical limitations, sustainability, and social awareness. These outcomes suggest the importance of policy management, and stress the limitations of governance in helping policymakers and experts to support the energy transition.

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TARAN, P. E., et A. D. STRUNSKIY. « THE IDEA OF LAW AND ITS ROLE IN THE DEVELOPMENT OF THE DOCTRINE OF INTERPRETATION OF LAW : HISTORICAL AND THEORETICAL ANALYSIS OF THE GERMAN LEGAL DOCTRINE IN THE 19^TH — THE FIRST HALF OF THE 20^TH CENTURY ». Actual Problems of Russian Law, n^o 5 (18 juin 2019) : 11–23. http://dx.doi.org/10.17803/1994-1471.2019.102.5.011-023.

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The article is devoted to the analysis of theoretical provisions of the main schools of German jurisprudence in the 19th — the first half of the 20th century in the context of legal consciousness and interpretation of law. The article determines the main theoretical premises of such important academic areas as: the Historical School of Law, Jurisprudence of Concepts, Jurisprudence of Interests, the School of Free Law, Legal Positivism and Neo-Cantianism. The author considers scientific works of the main representatives of these schools. The development of concepts of law and interpretation of law in the German legal doctrine demonstrates the connection of the doctrine of interpretation with the idea of law and real legal life. The historical period under consideration witnessed the work of many outstanding lawyers whose teachings had an impact not only on the legal science of many countries of Europe and Russia, but also on the legal doctrine of individual States belonging to the Anglo-Saxon legal family. Despite the different nature of their teachings, there is a link between the idea of law and their approach to the interpretation of legal provisions. This interaction is also inverse, many scholars have solved the problem of the essence of law by resorting to interpretive procedures. Tendencies similar to the tendencies typical for the German legal doctrine have found support both in the judicial practice of German courts and in the practice of the higher courts of the European Union. The article concludes that further development of the doctrine of interpretation of law requires not only the development of the methodology of interpretation of law, but also further developmentss in the philosophy of law.

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Pozniak, E., et T. Sharaievska. « THE LEGAL ISSUES AND PROSPECTS FOR THE ENVIRONMENTAL MONITORING DEVELOPMENT IN UKRAINE IN LIGHT OF INTERNATIONAL COOPERATION AND EUROINTEGRATION ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n^o 108 (2019) : 31–42. http://dx.doi.org/10.17721/1728-2195/2019/1.108-5.

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Constitutionally guaranteed validity of international treaties, ratified by the Verkhovna Rada of Ukraine and the fact that they are appeared to be a part of national legislation determines the relevance of international legal approaches in the development of national environmental legislation. The article analyses the international environmental monitoring regulations in order to implement their provisions into Ukrainian environmental legislation. The authors propose the new ways of the environmental science development and amendments to the national legal regulations in the field of environmental monitoring. The article investigates European approaches to legal regulation of relations on the implementation of environmental monitoring in order to adapt national environmental legislation to the legislation of the European Union and to eliminate deficiencies and gaps. The purpose of this article is to study the legal nature of environmental monitoring with the help of sources of international environmental law and environmental law of the European Union, cooperation of the countries of the world with the participation of Ukraine. The objective of this article is making proposals regarding the consideration of European legal and international approaches to the regulation of relations on the implementation of environmental monitoring in the current legislation of Ukraine. In order to improve legal regulation of environmental monitoring in Ukraine, it is suggested to support the adoption of the Law of Ukraine on Environmental Monitoring; to eliminate the fragmentation in the creation of subordinate regulatory mechanism for of environmental monitoring; to continue the research in the field of international environmental law implementation, taking into account European approaches. The methodological basis of the study comprises general scientific and special cognitive methods: formal-logical and logical-semantic methods, a method of system analysis and a method of interpretation of legal norms are used. These methods application contributes d to substantiating proposals for improving the provisions of the current Ukrainian legislation in the field under study.

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Białkowska, Paula Maria. « Legal and Ethical Grounds of Professional Secrecy of a Lawyer in Selected European Union Countries and in the United States of America ». Review of European and Comparative Law 45, n^o 2 (16 juin 2021) : 77–103. http://dx.doi.org/10.31743/recl.11456.

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The subject of the article is professional secrecy in practicing the legal profession in American law, with the indication of some differences resulting from separate laws of different states, and in the European Union – taking into account a few exemplary countries. Its sources were described – both legal and ethical, as well as the definition and construction. Confidentiality has been included in the objective and subjective aspect, taking into account different views in the doctrine as to its scope. Bearing in mind the basic right from which professional secrets derive – the right to privacy – the article also includes some of its aspects related to confidentiality.

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Casagrande, Sara, et Bruno Dallago. « To Be, or Not to Be : The Role of Self-Perception in European Countries’ Performance Assessment ». Sustainability 14, n^o 20 (18 octobre 2022) : 13404. http://dx.doi.org/10.3390/su142013404.

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Performance evaluation is commonly based on objective indicators which do not explicitly consider the role of perceptions. Especially when evaluating countries’ performance, citizens’ perceptions can influence public debate and socio-economic narratives. Since these may influence policy making and countries’ performance, perceptions should not be ignored. The objective of this article is to investigate the presence of discrepancies between objective performance and self-perception (subjective performance) among European Union countries. The aim is to raise awareness of the importance of recognizing biases in performance perception as factors that may hamper European debate, countries’ relations and, thus, the political and social sustainability of the European project. The article considers five spending areas that may influence the public opinion’s assessment about countries’ performance (education, environmental protection, health, public order and safety and social protection) and compares objective and subjective indicators for 28 EU countries from 2007 to 2017 using the distance-to-frontier score methodology. The results indicate that the discrepancies are significant, with a generalized tendency toward overestimation, especially among some Central and Northern European countries. The opposite occurred in Greece and some Eastern European countries. These results represent a starting point for grasping an undervalued aspect of the complexity of the European socio-economic environment.

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