Littérature scientifique sur le sujet « National security – Law and legislation – European Union countries »
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Articles de revues sur le sujet "National security – Law and legislation – European Union countries"
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Chernadchuk, T. O., et V. O. Berezovska. « THE POLICY OF THE EUROPEAN UNION ON THE FIGHT AGAINST TERRORISM : THE ANALYSIS OF THE EUROPEAN UNION LEGISLATION AND SOME NATIONAL ANTITERRORISM PROGRAMMES ». Constitutional State, no 48 (19 décembre 2022) : 66–76. http://dx.doi.org/10.18524/2411-2054.2022.48.267964.
Texte intégralRésumé :
Terrorist attacks strike not only the victims, their friends and families, but also the fundamental principles of the European Union. The choice of the topic of the article is caused by the fact that today the European Union recognizes money laundering, terrorist financing and international terrorism as some of the main threats to its financial system and citizens’ security. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. The methodological basis of the work consists of both general scientific and special methods of scientific knowledge. The EU legislation in the sphere of counter-terrorism was investigated using the analytical method, the method of abstraction gave an opportunity to assess the general current state of legal regulation of the fight against terrorism. The use of the comparative legal approach made it possible to analyze the national antiterrorist programmes of chosen European countries. The logical legal method was applied when formulating conclusions and proposals. The article deals with the issues related to the legal aspects of the fight against international terrorism. The paper investigates the steps taken by the European Union, i.e., the adoption of resolutions and strategies, the signing of treaties, the creation of institutions that function with the purpose to combat and prevent terrorist attacks, which are the constituents of the general concept of the antiterrorist system. The authors indicate the most important treaty provisions and institutions as well as their development and influence on the system of the fight against terrorism by the European Union. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. It has been investigated that the external activities of the EU include the support of countries in improving their judicial systems and the potential of law enforcement authorities as well as the integration of European antiterrorist legislation into their security strategies. In the studied countries, the systematic approach to the fight against terrorism is clearly visible.
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Burdanova, Anna S. « Constitutional social rights in the countries of the European Union. Theoretical provisions and problems of implementation ». Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no 3 (25 août 2021) : 329–39. http://dx.doi.org/10.18500/1994-2540-2021-21-3-329-339.
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Introduction. Social rights belong to the second generation of human rights and freedoms, they ensure social security, all-round development of the individual. They are widely represented in the national legislation of the countries of the European Union, primarily in the relevant legislation. However, the same cannot be said about constitutional law, which is associated with different approaches of legal scholars and proven practices in the legal regulation of the implementation of social guarantees in a particular state. The methodological basis of the work was formed by general scientific and special legal research methods. Theoretical analysis. In the scientific European literature there is no single approach to the definition of basic social rights, their essence, types, legal consequences. Moreover, there are fundamentally opposite points of view about the need for their recognition and consolidation at the constitutional level. Thus, the discussion is on in individual states and the European Union as a whole. In the legal doctrine of a number of countries, for example Germany, broad and narrow approaches are used to define social rights. At the same time, at the pan-European level, a broad approach is mainly used, which draws attention to the presence of social guarantees in the Constitutions and, accordingly, state target programs of a social orientation. Empirical analysis. In general, the Constitutions of the EU countries enshrine certain social rights, which may differ in the actual form of their expression in constitutional acts. This form depends on legal approaches, traditions, historical path, economic and political experience of the state. Meanwhile, the point of view about the need to recognize social rights at the highest level, despite the existing criticism, became decisive during their subsequent inclusion in the Charter of Fundamental Rights of the European Union. Results. The working document of the European Parliament distinguishes between three systems for integrating social rights into the Basic Law: liberal (for example, Austria), moderate (for example, Germany) and southern European (typical of Spain, Italy, Portugal, Greece). At the same time, the comparison shows that for the realization of the rights of the second and third generations, constitutional consolidation is not enough; a socio-political consensus is needed, reflected through the normative legal acts adopted by the legislative body. In the European Union, attempts are being made to expand social guarantees, which face the rejection of the concept of unification of social rights by individual member states.
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Božović, Milenko, et Zorančo Vasilkov. « Integrated border management in EU law and its implementation in the Republic of Serbia ». Bezbednost, Beograd 62, no 3 (2020) : 105–23. http://dx.doi.org/10.5937/bezbednost2003105b.
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The subject of research in this paper is the protection of the European Union's external borders by the establishment and implementation of The European integrated border management system. In addition to the implementation by the Member States, this system i.e., the adoption of the Union's (Schengen) acquis, is a priority for the candidate countries during accession negotiations. The process of negotiation for the accession of the Republic of Serbia to the European Union and the opening of Chapter 24, entitled Justice, Freedom, and Security, obliges the Republic of Serbia to accept and implement the European legislation into the national legal system within the field of border security and control. The emergence of the European system of integrated management of external borders is connected with the abolition of internal borders within Schengen integration and designed as a system of protection shaped by European Council guidelines, EU Council conclusions and EU secondary law, to become part of primary law after the adoption of the Lisbon Treaty. Its components and application have a significant impact on the permeability of borders for the flow of people and economic goods and the suppression of security threats at the external (EU) borders of member states, the borders of the Western Balkans and the Republic of Serbia.
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Yarema, O., et O. M. Ilyushyk. « Legal aspects of electronic document management in telemedicine ». Analytical and Comparative Jurisprudence, no 6 (18 février 2023) : 218–24. http://dx.doi.org/10.24144/2788-6018.2022.06.39.
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In the article from the standpoint of the theory of administrative and information law, based on the current legislation and regulatory requirements of the European Union, the theoretical and practical aspects of electronic document flow in telemedicine are considered. The topicality of the topic determined by the need to improve the legislation with the aim of comprehensive theoretical justification of increasing the effectiveness of telemedicine activities in the conditions of digital transformation of Ukraine. In the course of the study, the methodology of a systematic complex analysis of legal phenomena was applied using factorial and evolutionary methods of research. It is indicated that in the countries of the European Union, three main models of health care information systems have been formed, which differ in the ways of storing medical information and management: decentralized, centralized and patient-oriented. It was noted that the main legal issues of the renewal of the medical system of Ukraine and the directions of activity in the conditions of reform include telemedicine, and its component - electronic document flow. The essence and features of electronic document management in telemedicine in the countries of the European Union have been clarified. The electronic health care systems of individual countries of the European Union considered, attention is paid to the experience of use. The state of legal provision of information security in telemedicine with regard to electronic document flow studied, taking into account the experience of the countries of the European Union. The analysis of ensuring information security in the context of personal data in the medical systems of European countries and Ukraine was carried out. The further vector and direction of the development of the national health care system in terms of the Concept of the development of electronic health care, which is important for medical care and rehabilitation of citizens who suffered during the war, was determined. Important aspects and measures to optimize activities in the field of telemedicine highlighted, which need to be paid attention to during further reform and creation of new digital resources for a more comfortable transition and use of the latest digital technologies in the field of health care.
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Ismailov, K. « To the issue of personal information circulation in the national police databases ». Fundamental and applied researches in practice of leading scientific schools 38, no 2 (30 avril 2020) : 41–45. http://dx.doi.org/10.33531/farplss.2020.2.7.
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The urgency of the problem under consideration is due to the outdated legal framework of Ukraine in the sphere of personal information circulation, which has been in existence for more than 10 years, given the significant gradual changes that have already taken place and are planned in the legislation of the member states of the European Union. And with the advent of modern information and telecommunication technologies, the issues of processing of personified information become even more urgent in view of respect for fundamental rights and freedoms of citizens.
The purpose of the article is to analyze the current legislation of the European Union and Ukraine in the sphere of the circulation of personal information during the detection, prevention and investigation of offenses.
Research methods. To achieve this goal, a number of scientific methods were used, namely: theoretical - to study and analyze national and international legal acts, scientific and methodological literature, summarize information to determine theoretical and methodological bases of the research; logical analysis - to formulate basic concepts and conduct classification; specific historical - to demonstrate the dynamics of the development of protection of personalized information about a person; dialectics - to determine the content and features of the constituent elements in the sphere of personal information turnover; empirical methods - to summarize the best practices of EU countries.
Results of the research. The article analyzes the recent changes in the EU countries in the field of protection of fundamental rights and freedoms of citizens when processing personal data by law enforcement agencies. Particular attention is paid to the urgency of storing personal data in police databases. The article also gives examples of European countries' law enforcement models in the area of the circulation of personal information. Attention is drawn to the basic principles of the processing of personal data, which are set out in the documents of the «Data Protection Package» adopted by the European Parliament, namely: legality, fairness and transparency; target restriction; minimizing data; accuracy; storage restrictions; integrity and confidentiality. The main provisions of the normative legal acts of Ukraine are presented, which reflect the norms regulating the sphere of turnover of personal data.
Practical importance. Thus, European legislation in the field of the circulation of personal information, which came into force in May 2018, significantly modernized the existing information relations. It is stated that in different EU countries there is an approach to regulating the timing of personal data retention in police bases, which should be compatible with the rights and freedoms of individuals. Changes in EU law go hand in hand with limiting the timeframes for finding information in police databases and differentiating information based on the nature of the crime, the person's age, time elapsed, and the person's behavior. Due to this, the legislator came to a balance between securing the right of privacy and property of a person for his personal data and the need to exercise the statutory functions of the state, performed in the interests of national security, protection of human rights and security.
It is necessary to introduce in Ukraine a new model of personal data turnover, which will be based on the modern realities of accumulation, processing, analysis and dissemination of information, by changing the provisions of regulations in the specified field in accordance with the principles set out in the documents of the «Data Protection Package», which provide creating conditions for ensuring a consistent international legal framework for the protection of personal data.
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Vennikova, V. V. « Disputes in the sphere of social security : ways of prevention, essence and methods of resolution in the countries of the European Union ». Analytical and Comparative Jurisprudence, no 3 (28 septembre 2022) : 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.
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The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.
Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.
It was determined that a social model has developed in European countries, which is based on such values common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values also formed the basis of consideration and resolution of disputes in the field of social security. The listed values should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.
In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
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V. V., Novitskyi. « Political and legal mechanisms for the protection of human rights through the lens of the European Union countries ». Almanac of law : The role of legal doctrine in ensuring of human rights 11, no 11 (août 2020) : 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Poljanec, Kristijan, et Tomislav Jakšić. « Safeguarding Croatian Strategic Industries Within the Scope of the EU Foreign Direct Investment Regime ». Central European Journal of Comparative Law 1, no 2 (9 décembre 2020) : 123–49. http://dx.doi.org/10.47078/2020.2.123-149.
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A European Union (EU)-wide screening regime entered into force in October 2020, marking the turning point in the Member States’ investment relations with third countries, most notably, the emerging economies of the Far East. Most Central and Eastern European (CEE) states have recently embraced novel screening solutions; some legislative proposals are still pending in a few states. These regulatory changes are the result of the socio-economic turmoil caused by the COVID-19 epidemic, which threatens a major fire sale of resources that are deemed critical for the Member States’ national security and public order. In this paper, the authors examine the existing screening mechanisms regarding foreign direct investment (FDI) in five EU countries: Austria, Germany, Hungary, Slovenia, and Poland. Given the apparent lack of comprehensive FDI screening mechanisms in Croatia, the authors consider that the findings of this comparative analysis could help Croatian legislator establish a comprehensive legal regime for FDI pouring into Croatian strategic industries. This paper argues that Croatia should introduce novel screening mechanisms along the lines of the Germanic legal tradition, most notably, the CEE and the German foreign trade and payments law. The authors suggest potential solutions de lege ferenda that would fit the scope and objectives of the screening regulation. Following the introduction, the second section of the paper glances through FDI screening mechanisms in four CEE countries. In the third section, the paper revisits the existing Croatian legislation on FDI control. The fourth section considers possible amendments thereof within the context of the German foreign trade and payments law. The fifth section summarises and concludes the paper.
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Khitska, O., et R. Gerard. « INTERNATIONAL AND NATIONAL LEGISLATION TO CONTROL MICTOXINS IN FOOD : REVIEW ». Naukovij vìsnik veterinarnoï medicini, no 1(149) (30 mai 2019) : 30–40. http://dx.doi.org/10.33245/2310-4902-2019-149-1-30-40.
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Today, the problem of monitoring mycotoxins has become global in connection with climate change, a violation of the ecological balance for the use of intensive technologies for processing crops, through air pollution and the accumulation of products of photochemical reactions (photooxidants), which leads to a decrease in plant resistance to phytopathogens. Every year, the problem of mycotoxicosis is exacerbated, as toxic fungi adapt quickly to new technologies and modern plant protection products. The increase in mycotoxins in foods also relates to the widespread use of nitrogen fertilizers and pesticides. Natural toxins create risks for the health of humans and animals, affect food security and nutrition, reducing people's access to healthy food. The World Health Organization is constantly appealing to national authorities to monitor and ensure that the levels of the most relevant natural toxins in foods are as low as possible and consistent with both national and international requirements. Ukraine's membership in the WTO, an association with the European Union, and the expansion of international trade require solutions to the issues of free movement of goods, safe and healthy food, and, accordingly, an adequate level of protection of life and health of people. One of the most important ways to solve them is to improve and harmonize national food legislation in line with international standards, including on the control of mycotoxins. The purpose of our work was to conduct an analysis of literary sources, international and national legislative acts on the control of mycotoxins in food products throughout the food chain. To prepare the publication, we have used literary sources on the subject of publication, as well as we have conducted a comparative analysis of national and international legislative acts regulating procedures and methods for controlling the residues of mycotoxins in food. An analysis of numerous sources has shown that the issue of monitoring mycotoxins in foods, improving laboratory control and risk-based approach to preventing foodborne mycotoxicosis worries scientists from different countries, including Ukrainian. The analysis of national legislation shows that national standards on maximum levels of pollutants have been revised in Ukraine and a number of standards have been harmonized for methods of monitoring the residues of mycotoxins in feed for productive animals, food products of animal and vegetable origin. Key words: mycotoxins, food chain, food, international law, national legislation, control, safety, risks.
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Solovei, A. « Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries ». Uzhhorod National University Herald. Series : Law 1, no 72 (16 novembre 2022) : 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
Thèses sur le sujet "National security – Law and legislation – European Union countries"
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Weerts, Laurence. « Mutations et utilisations du concept de "frontière" dans l'intégration européenne : une analyse des recompositions des modes de gouvernement et de légitimation dans l'ordre politique européen ». Doctoral thesis, Universite Libre de Bruxelles, 2003. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211212.
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Thebaud, Edern. « Les produits-frontière dans la législation alimentaire de l'Union européenne : émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité ». Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.
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Si le droit connaît les médicaments et les denrées alimentaires, il ne reconnaît pas les alicaments. Or, ces dernières années ont vu l’apparition et le développement, sur le marché de l’Union européenne, de « produits-frontière » c'est-à-dire de produits se trouvant à la frontière entre les médicaments et les aliments. Confrontées à un vaste conflit de qualification causé par l’ambivalence conceptuelle des « produits-frontière », les institutions de l’Union ont, au nom de la libre circulation des marchandises ainsi que de la nécessité d’une protection accrue des consommateurs et de la santé publique, entamé, dès le début des années 2000, une large harmonisation des dispositions nationales relatives à ces produits. Considérés comme aliments, leur nature particulière nécessite cependant une approche adaptative de la part du législateur européen. Cette nouvelle approche de l’aliment par le droit, favorable à la reconnaissance d’une santé alimentaire, tant convoitée par la société contemporaine, ne résout toutefois pas l’ambiguïté quant à la place à accorder aux « produits-frontière » dans le corpus juridique de l’Union européenne.Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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KOLEHMAINEN, Eeva. « The posted workers directive : European reinforcement of national labour protection ». Doctoral thesis, 2002. http://hdl.handle.net/1814/4678.
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GOLABEK, Michal. « 'Weaving a silver thread' : human rights coherence in EU foreign affairs and counter-terrorism ». Doctoral thesis, 2013. http://hdl.handle.net/1814/26445.
Texte intégralRésumé :
Defence date: 21 January 2013PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Examining Board: Professor Ernst-Ulrich Petersmann, European University Institute (Supervisor); Professor Marise Cremona, European University Institute; Professor Alan Rosas, Judge at the Court of Justice of the European Union; Professor Christophe Hillion, University of Leiden and Stockholm University.
Human rights are among the chief values on which the EU is ‘founded’ (Art. 6 TEU) and which it seeks to promote through its external relations (Art. 21 TEU). Coherence with values is a significant rhetorical tool which is used, on the one hand, to justify the development of new policies and instruments, and, on the other hand, to challenge EU actions by civil society, the European Parliament, commentators, but also third countries. This thesis examines whether human rights are indeed a ‘silver thread’ running through everything that EU does as argued by the EU High Representative. To that end, I first analyze why coherence as such, and coherence with values in particular, hold an important place in the EU’s foreign policy integration. As a second step, I discuss the nature of human rights as an international and EU framework for coherent action. I then investigate one particular area of EU external action, namely counter-terrorism policy, with a view to assessing coherence with values in practice, and more specifically to analyzing how successful the EU actually was in integrating human rights in its counter-terrorism instruments such as sanctions, provisions of its international agreements, and external assistance. On this basis, I outline in the third part the legal and policy aspects of human rights coherence, before concluding with the steps which still need to be taken in order to ‘weave a silver thread’ of human rights into EU external policy.
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SCHEBESTA, Hanna. « Towards an EU law of damages : damages claims for violations of EU public procurement law before national and European judges ». Doctoral thesis, 2013. http://hdl.handle.net/1814/29598.
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Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute Professor Giorgio Monti, European University Institute Professor Alexandra (Sacha) Prechal, Court of Justice of the European Union Professor Laurence W. Gormley, University of Groningen and College of Europe.Defence date: 16 September 2013
First made available online on 15 January 2015.
While the law is often highly harmonized at EU level, the ways in which it is realized in the various national courts are not. This thesis looks at enforcement through damages claims for violations of EU public procurement rules. Despite important recent amendments to the procurement remedies regime, the damages provision remains indeterminate. The legislative inertia pressures the CJEU to give an interpretation and raises the question as to how the Court should deal with damages. The requirements on damages claims are clarified under both general and public procurement EU law. The action for damages is conceived as a legal process which incorporates the national realm. Therefore, a comparative law part (covering England, France, Germany and the Netherlands) examines national damages litigation in public procurement law. A horizontal discussion of the legal issues which structurally frame damages claims is provided. The remedy of damages is analyzed as a bundle of rules and its constitutive and quantification criteria are studied, thereby refining the the Member States’ common conceptual base of damages claims. Functionally, the lost chance emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. An adjudicative approach to damages in EU law is developed through Member State liability and the procedural autonomy doctrine. Member State liability is construed as a form of constitutional liability which is distinct from damages arising under the 'effectiveness’ postulate of procedural autonomy. Procedural autonomy as currently used is legally indeterminate and inadequate from the point of view of procedural theory. The thesis proposes to sharpen the effectiveness test in three dimensions: material, based on the intrinsic connection between enforcement rules and substantive law; vertical, in delimiting the spheres of influence of national and EU courts; and in terms of institutional balance vis-à-vis the EU legislator.
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HAGHIGHI, Sanam Salem. « Energy security. The external legal relations of the European Union with energy producing countries ». Doctoral thesis, 2006. http://hdl.handle.net/1814/6359.
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Defence date: 16 June 2006Examining board: Prof. Bruno de Witte (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Giacomo Luciani, part time professor, EUI ; Prof. Thomas Wälde, University of Dundee
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
This dissertation offers the first comprehensive assessment of the various internal and external measures undertaken by the European Union to guarantee security of oil and gas supply. It sets out and analyzes in a coherent and thorough manner those aspects of EU external policy that are relevant in establishing a framework for guaranteeing energy security for the Union. What makes the book unique is that it is the first of its kind to bridge the gap between EU energy and EU external policy. The dissertation discusses EU policy towards the major oil and gas producing countries of Russia, the Mediterranean and the Persian Gulf at the bilateral as well as regional and multilateral level. It brings together not only the dimensions of trade and investment but also other important aspects of external policy, namely development and foreign policy. The author argues that the EU's energy security cannot be achieved through adopting a purely internal approach to energy issues, but that it is necessary to adopt a holistic approach to external policy, covering efficient economic relations as well as development co-operation and foreign policies towards energy producing countries. The dissertation will be a valuable resource for students of EU law, WTO law or international energy law, as well as scholars and practitioners dealing with energy issues.
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ARPIO, SANTACRUZ Juan Lorenzo. « State aids in the European Community : framework exceptions and implications for national economic policies ». Doctoral thesis, 1996. http://hdl.handle.net/1814/4545.
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PORCEDDA, Maria Grazia. « Cybersecurity and privacy rights in EU law : moving beyond the trade-off model to appraise the role of technology ». Doctoral thesis, 2017. http://hdl.handle.net/1814/45944.
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Defence date: 30 March 2017Examining Board: Professor Marise Cremona, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Anne Flanagan, Queen Mary University of London; Professor Ronald Leenes, Tilburg University
This thesis concerns a specific instance of the trade-off between security and ‘privacy rights’, namely cybersecurity, as it applies to EU Law. The research question is whether, and how, the pursuit of cybersecurity can be reconciled with the protection of personal data and respect for private and family life, which I treat as two independent rights. Classic legal argumentation is used to support a normative critique against the trade-off; an in-depth scrutiny of ‘(cyber)security’ and ‘privacy’ further shows that the trade-off is methodologically flawed: it is an inappropriate intellectual device that offers a biased understanding of the subject matter. Once the terms of discussion are reappraised, the relationship between cybersecurity and privacy appears more nuanced, and is mediated by elements otherwise overlooked, chiefly technology. If this fatally wounds the over-simplistic trade-off model, and even opens up avenues for integration between privacy and cybersecurity in EU law, on the other hand it also raises new questions. Looked at from the perspective of applicable law, technology can both protect and infringe privacy rights, which leads to the paradox of the same technology being both permissible and impermissible, resulting in a seeming impasse. I identify the problem as lying in the combination of technology neutrality, the courts’ avoidance in pronouncing on matters of technology, and the open-ended understanding of privacy rights. To appraise whether cybersecurity and privacy rights can be reconciled, I develop a method that bridges the technological and legal understandings of information security and privacy, based on the notions/methods of protection goals, attributes and core/periphery or essence, and which has the advantage of highlighting the independence of the two privacy rights. A trial run of the method discloses aspects of the ‘how’ question that were buried under the trade-off debate, viz. the re-appropriation of the political and judicial process vis-àvis technology.
Chapter 4 draws upon an article in Neue Kriminalpolitik 4/2013
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ADRIAANSE, Paul. « Balanced recovery with effective remedies : first aid by national courts for symptoms of the 'standstill' syndrome ; state aid in breach of article 88(3) EC ». Doctoral thesis, 2000. http://hdl.handle.net/1814/5480.
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SOHRAB, Julia Adiba. « Sexing the benefit : women social security and financial independence in EC equality law ». Doctoral thesis, 1994. http://hdl.handle.net/1814/4791.
Texte intégralLivres sur le sujet "National security – Law and legislation – European Union countries"
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Kapuy, Klaus. The social security position of irregular migrant workers : New insights from national social security law and international law. Cambridge : Intersentia, 2011.
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Blanke, Hermann-Josef, et Stelio Mangiameli. The European Union after Lisbon : Constitutional basis, economic order and external action of the European Union. Heidelberg : New York, 2012.
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Wessel, Ramses A. The European Union's foreign and security policy : A legal institutional perspective. The Hague : Kluwer Law International, 1999.
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Kelleher, Denis. IT law in the European Union. London : Sweet & Maxwell, 1999.
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Haverland, M. National autonomy, European integration and the politics of packaging waste. Amsterdam : Thela Thesis, 1999.
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1961-, Mackenstein Hans, dir. The international relations of the European Union. Harlow, England : Pearson/Longman, 2005.
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1970-, Penksa Susan E., dir. The European Union in global security : The politics of impact. Houndmills, Basingstoke, Hampshire : Palgrave Macmillan, 2012.
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Tom, Hadden, et European Cooperation in the Field of Scientific and Technical Research (Organization), dir. A responsibility to assist : EU policy and practice in crisis-management operations under European security and defence policy : a COST report. Oxford : Hart Pub., 2009.
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Becker-Alon, Shira. The communitarian dimension of the European Union's Common Foreign and Security Policy. Baden-Baden : Nomos, 2011.
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Jorens, Yves. The influence of international organization on national social security law in the European Union : The example of old-age pension. Baden-Baden : Nomos, 2002.
Trouver le texte intégralChapitres de livres sur le sujet "National security – Law and legislation – European Union countries"
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Malacka, Michal. « Sharia – Conflict of Law and Culture in the European Context ». Dans Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno : Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.
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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.
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Celeste, Edoardo, et Federico Fabbrini. « Competing Jurisdictions : Data Privacy Across the Borders ». Dans Palgrave Studies in Digital Business & ; Enabling Technologies, 43–58. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.
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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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Hajnal, Zsolt. « The Emergence of Member States’ Characteristics in European and National Consumer Law ». Dans The Policies of the European Union from a Central European Perspective, 173–95. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_9.
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European legislation often has a significant impact on private laws in the Member States, especially consumer legislation. In the absence of national, strong consumer protection traditions, consumer protection legisla- tion in Central and Eastern European countries has been largely defined by European consumer law. In the chapter, I am looking for answers as to the specificities of these countries, their ability to enforce these in the EU’s main legislative trends, and how these countries have contributed to European Union consumer law.
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Grubb, Philip W., Peter R. Thomsen, Tom Hoxie et Gordon Wright. « Patents and Competition Law—United Kingdom and European Union ». Dans Patents for Chemicals, Pharmaceuticals, and Biotechnology. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199684731.003.0029.
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This chapter focuses on competition law in the UK and EU. Most countries, as well as the EU, have developed a body of competition law to provide countermeasures against what are regarded as abuses of monopoly by patentees. Abuse of monopoly is the use of a patent simply to exclude others, while not working the invention oneself. Provisions of the Paris Convention enable compulsory licences to be granted if the patent is not worked within a certain time. In the UK, they may also be granted if the patentee is preventing the working of a dependent patent by refusing to grant a licence. In the EU, competition law for the internal common market is within the exclusive competence of EU institutions; the national governments of member states only assist these institutions when it comes to implementation of the legislation. The remainder of the chapter explains EU patent licence agreements.
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Donikë, Qerimi. « Part 2 National and Regional Reports, Part 2.4 Europe : Coordinated by Thomas Kadner Graziano, 52 Western Balkans : Western Balkans Perspectives on the Hague Principles ». Dans Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0052.
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This chapter presents Western Balkans perspectives on the Hague Principles. The term ‘Western Balkans’ is used to denominate the countries of the Balkan peninsula which are not member of the European Union: Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Kosovo, and Serbia. The countries of the Western Balkans have had a rather troubled past and the beginning of this century found them (re)building their countries, including their legislation. Given the urgency of other areas of law, Private International Law (PIL) was not in the focus of most of these countries’ reforms, academia, or court practice until recently. Unlike the EU regulations and Hague Conventions, the Hague Principles are not listed among the ‘inspirations’ of any of the current draft laws in the region. Experts who helped in drafting the ongoing reforms, however, have testified to the vast collection of international instruments and PIL codifications of other European countries that were used as inspiration when preparing these drafts. These preparations might have included the Hague Principles as well.
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Miheș, Cristian Dumitru. « Romania : National Regulations in the Shadow of a Common Past ». Dans Criminal Legal Studies : European Challenges and Central European Responses in the Criminal Science of the 21st Century, 125–55. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.evcs.cls_5.
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The rule of law is very difficult to enforce during periods of dictatorship or war. We can have a justice system that functions, as we had before 1989, but that system was confined to upholding the regime in power. Romania experienced a dictatorship for a very long period of time. In the first phase, there was a royal dictatorship from 1938, then a military one, followed by the communist regime until the end of 1989. Since 1945, Romania has been a part of the world where the communist system imposed by the Soviet Union left its mark on criminal justice. The authors of the 1968 Penal Code considered that code to have been adopted “with the purpose of solving uniformly the vast problematic of pre- venting and punishing the crimes.” In a practical regard, the entire legislation was a tool to ensure the success of the regime of communist oppression. In these circumstances, the events that took place in 1989 liberated the spirit of freedom; meanwhile, the consequences of those events took the citizens of the Central and East European countries by surprise, and they were unprepared for the struggle toward democracy and the rule of law. This was the case in Romania when, finally, in 2014, the process of enforcing all fundamental codes was established. In fact, the reform was deeper than the adoption of a new Penal Code, the Code of Criminal Procedure, and the Law on the Execution of Sentences, Educational Measures, and Judicial Measures during Criminal Proceedings. This study presents the main principles, legal institutions, and operational characteristics of the new laws.
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Christian, Bumke, et Voßkuhle Andreas. « 24 Arts. 23 et seq. GG : International Integration ». Dans German Constitutional Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198808091.003.0024.
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This chapter discusses the relevant provisions of Art. 23 et seq. of the Grundgesetz (GG) with regard to the international integration of the Federal Republic of Germany. Art. 23 establishes a special constitutional basis for Germany's participation in the founding of the European Union. Art. 23 para. 1 s. 2 GG contains a provision on authorisation to transfer sovereign powers, whereas Art. 23 para. 1 s. 1 includes a ‘structural safeguard clause’ which imposes limits on legislation integrating Germany into the EU. The chapter examines the Federal Constitutional Court's jurisprudence concerning Germany's integration into the EU, with emphasis on issues such as transfer of sovereign powers, the relationship between EU law and national law, and limits on the legislature when passing EU integration laws. It also considers the provision allowing Germany to enter into a collective security system, focussing on the limits on sovereign rights.
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Marinkás, György. « Human Rights Aspects of the Acquisition of Agricultural Lands With Special Regard to the ECtHR Practice Concerning the So-Called “Visegrád Countries”, Romania, Slovenia, Croatia, and Serbia ». Dans Acquisition of Agricultural Lands : Cross-Border Issues from a Central European Perspective, 25–53. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.jesz.aoalcbicec_2.
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The aim of the current study is to examine how the national legal rules and judicial practice regarding the acquisition and holding of agricultural land are, in the case law of the European Court of Human Rights, linked to the right to property and the right to fair trial, as granted by Article 1 of the First Protocol to the European Convention on Human Rights and Article 6 (1) of the Convention. The study is focused on the land-related issues of the so-called “Visegrád Countries”—Czech Republic, Hungary, Poland and Slovakia—and some other selected neighboring countries, namely Romania, Slovenia, Croatia, and Serbia, all of which are member states of the Council of Europe. The author identified two main categories of legal issues, which are relevant in the selected countries or constitute a distinctive feature of these countries. The category of compensation-related cases can be divided into three main subcategories: cases where the compensation system established by the state after the change of regime displayed systematic shortcomings; cases where the earlier proprietors’ or their heirs’ interests clashed with those of third parties who acquired the property in good faith; and the so-called Slovakian “Gardener cases,” as the author named them, which display similarities with the second subcategory. The other main category is the issue of agricultural land acquisition by foreign natural or legal persons. However, the ECtHR’s case law is not that elaborated in this question as the case law of the Court of Justice of the European Union, since, contrary to EU law—which as a rule obliges member states to provide the free disposal of agriculture land—Article 1 of Protocol No. 1 does not create a right to acquire property. However, a national legislation that, alone among the CoE member states, implemented land reform programs with some blanket restrictions on the sale of agricultural land is incompatible with the provisions of Article 1 of Protocol No. 1.
Actes de conférences sur le sujet "National security – Law and legislation – European Union countries"
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Beutel, Jochen, Edmunds Broks, Arnis Buka et Christoph Schewe. « Setting Aside National Rules that Conflict EU law : How Simmenthal Works in Germany and in Latvia ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.
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At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.
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Mihai, Ioan cosmin. « STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS ». Dans eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.
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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.
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Sovova, Olga. « ERA OF DIGITIZATION : RE-DESIGNING PRIVACY PROTECTION IN HEALTH CARE ». Dans NORDSCI International Conference Proceedings. Saima Consult Ltd, 2019. http://dx.doi.org/10.32008/nordsci2019/b2/v2/31.
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The paper examines the issue arising when delivering healthcare in the modern information society. Throughout the past decade, the Internet has seen a significant rise of the "Web 2.0" trend, which carried on its wings a health industry trend often referred to as "Health 2.0" or "Medicine 2.0". More recently, we have also witnessed the crowning of concepts such as Health Social Media, eHealth and mHealth. European Union as well as the national states develop strategies implementing new technologies for personal and medical data sharing, including the prescription of medicals as well as their validation through websites. Healthcare data privacy and security is one of the top challenges, healthcare providers face. The huge amount of data the medical care generates holds potential for researchers, providers, pharmaceutical companies as well as for doctors, who can use it to improve care or find new treatments and insights into disease. The key issue to examine is how to balance the competing interests of privacy and data-sharing and not exclude the patient as a holder and owner of the information. The paper addresses the issue of privacy protection in digitized healthcare, using the analysis of the legislation and case-law of the Czech Republic, stressing the demands for human rights and privacy protection of a member state of the European Union. The paper introduces several proposals for providers on how to re-design digital healthcare with respect to laws and patients´ rights. The paper concludes that even modern and digitized medicine is based not only on evidence and modern technologies but also on human interaction and face-to-face approach and trust between the doctor and patient.