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1
PETRUKHIN, M. V., et A. N. PETRUKHINA. « INSTITUTE OF THE FINANCIAL OMBUDSMAN IN RUSSIA AND THE EUROPEAN UNION COUNTRIES : THE ARGUMENTS “FOR” AND “AGAINST” ». Herald of Civil Procedure 11, no 1 (20 avril 2021) : 208–24. http://dx.doi.org/10.24031/2226-0781-2021-11-1-208-224.
Texte intégralRésumé :
The article is devoted to a new method of out-of-court dispute resolution for domestic law – the institution of financial ombudsman. The article explores the history of the institution; based on the analysis of the Federal Law of 4 June 2018 No. 123-ФЗ “On the Commissioner for the Rights of Consumers of Financial Services”, the author identified problems of the functioning of this institution in the Russian Federation (the absence in Russian legislation of the purpose of the financial ombudsman, the introduction of mandatory pre-trial settlement of the dispute by the financial ombudsman, the absence of the financial ombudsman’s right to reduce the amount of the penalty, the absence of the right to recover a fine in case of violation of the rights of a consumer of financial services, etc.), and also suggested ways to solve them. As possible vectors for the development of the institution under study, the researchers propose to expand the concept of a conflict of interest, establishing the same grounds for challenging a financial commissioner, which are established by civil procedural legislation for challenging a judge. And also, provide the financial ombudsman with the right to reduce the penalty charged to the financial organization, and provide the financial ombudsman with the right to collect a fine from the financial organization.
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Molodyko, Kirill. « Compulsory financial ombudsman under the regulator’s umbrella : Testing a new model of dispute settlement ». Pravovedenie 66, no 4 (2022) : 386–407. http://dx.doi.org/10.21638/spbu25.2022.403.
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In post-Soviet countries, the courts are not always effective in resolving consumer disputes. I compare the models of organizing the work of financial ombudsmen in Russia, Kazakhstan, Azerbaijan and Armenia, as well as plans for its implementation in Kyrgyzstan and Belarus. Models of compulsory mediation in a number of European jurisdictions are also analyzed. In some countries there is a tendency towards an increase in the influence of the regulator on the work of financial ombudsmen. The reform of the Russian financial ombudsman is the first attempt at introducing a new compulsory ombudsman model for financial markets. It will be a mandatory stage initiation of a lawsuit in a civil court. The new Russian model is unique, differing both from the models established in the countries of the European Union (centralized, decentralized, professional association), as well as models implemented in other post-Soviet countries. The Russian financial ombudsman model is essentially a combination of Italian compulsory mediation on the basis of coercion before the dispute is considered by the court, and the English financial ombudsman on the basis of a vertical system headed by a sole chairman who is de facto appointed by the financial services regulator, while membership in this system of financial institutions that provide regulated services is generally mandatory. Whether the compulsory financial ombudsman under the Central Bank ‘umbrella’ will manifest itself positively or negatively will determine the possibility of extending this scheme to other categories of consumer disputes in the financial markets and such as housing construction and repair, utilities, and telecommunications with many small and medium consumer claims. Furthermore, since a number of post-Soviet countries continue to rely on the Russian experience, in such countries there may be an expansion of mandatory ombudsmen under the umbrella of regulators as well.
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Bekteshi, Enertila. « European Parliament the Democratic Representative for the People of Europe ». Mediterranean Journal of Social Sciences 8, no 1 (26 janvier 2017) : 340–46. http://dx.doi.org/10.5901/mjss.2017.v8n1p340.
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Abstract The history of the European Parliament can be seen as part of the development process toward a federal parliament supported by some researchers, but however another viewpoint of EU nature, as an international organization would be influenced from the European Parliament’s viewpoint as well. It has been admitted that formal upcoming changes have turned it into a codecision-maker with the Council of Ministers. There isn’t any other organization, where the member countries should share the decision-making process with the institutions which have been selected directly. In fact, during the creation of the united Europe, the power of the European Parliament have continuously increased trying to reduce the “democratic deficit” for which the Community is accused. Also the role of the EP role as an alternative point of access in the "policy-making'" process for interests that feel excluded from the domination of business interests could help in building a sense of European Identity among such groups in the longer term. The European Parliament appoints an Ombudsman, who may receive complaints from any citizen of the Union or from any other natural person or legal entity living or having his/her statutory residence/registered office in a member country. The cases handled by an Ombudsman are related to the bad administration of the institutions or community bodies’ activities except the Court of Justice and the General Court in their court functions. The Ombudsman works in full competence and does not accept or require directives from any other organization. During his assignment must not perform any other professional activity for free or against payment. He is appointed by the European Parliament with the same duration of his legislature having a renewable mandate. In the DPB are provided also the Ombudsman’s norms that might have in the cases of bad administration in conjunction with the activity of institutions in this sector. Thus, it will be solved the problem of accusation for lacking of transparency addressed to this sector.
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Kossecki, Paweł, et Oguzhan Akin. « Valuation of copyrights to audiovisual works : transparency practices of the copyright management organizations in the European Union ». Ekonomia i Prawo 20, no 3 (30 septembre 2021) : 543–71. http://dx.doi.org/10.12775/eip.2021.033.
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Motivation: The functioning of the audiovisual sector strongly depends on the use of copyrights and related rights. Problems with their clearing could harm the functioning of companies and might even lead to strong financial problems. The distribution of copyright-protected audiovisual works requires the licensing of rights by different rightsholders. Some of them are represented by Copyright Management Organizations (CMOs), which allow users to clear rights for many works without individual negotiations. Fees paid to CMOs for copyright-protected content constitute a significant part of operating costs for companies like TV stations, cable operators, VoD (Video on Demand) platforms. In case of intellectual properties for audiovisual works, CMOs make the valuation. They have been facing legal challenges due to subjective valuations as a result of being monopolies in the local market of the represented country and lack of transparency.
Aim: This work explores the transparency of 21 CMOs in 4 EU countries due to their expected to be an integrated market status as the result of political and economic amalgamation. In addition to the adoption of The European Union Directive on collective management of copyright and multi-territorial licensing of rights, as part of the EU’s Digital Single Market project, this exploratory research, with comparative analysis of CMOs using the linear ordering methods, explains the necessity of an epagogic approach to creating correct institutions besides directives and laws, such as central observation, an ombudsman for conflict management, or an official body to employ these features in one structure to actively govern the market.
Results: The conducted analysis allowed us to reflect on the importance of transparency and taxonomic mapping of the audiovisual market landscape will be the guideline to flatten the copyright valuation divergence in the EU and eventually will pave the way for fewer disputes and more innovations.
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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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Макаренко, В. С. « General Principles of Anti-Corruption in V4 Visegrad Countries : Experience of Hungary ». Law and Safety 77, no 2 (24 juin 2020) : 126–32. http://dx.doi.org/10.32631/pb.2020.2.17.
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Corruption in Hungary poses a significant risk to business, especially in the tax administration and public procurement sectors, which suffer from its high level. The public procurement process and the tendering process are insufficiently protected from irregularities at the local level due to strong informal relations between business and representatives of government at the local level. Public opinion polls on general and specific corruption issues show that a third of Hungarians consider corruption and abuse of power to be widespread in Hungary’s public administration system.
The purpose of this article is to clarify the origins of the formation and to study general experience in implementing activities aimed at preventing and combating corruption in one of the countries of V4 Visegrad Group – Hungary, a neighbor of Ukraine, post-socialist country and member of the European Union since 2004, as well as to analyze its results and the possibility of implementing certain provisions into national legal system.
The author has clarified the place of Hungary and Ukraine in the world rankings as the result of the study, in particular in the Corruption Perceptions Index. The author has studied the data of sociological research conducted in Hungary to identify the most corrupt areas of public life, to determine the attitude of the population to the level of corruption and willingness to participate in its reduction, as well as to summarize the factors that led to such results.
The activities of certain Hungarian state organizations that directly or indirectly prevent and combat corruption, including the Ombudsman, the State Audit Office and the National Defense Service of Hungary, have been considered. The legal basis for the implementation of anti-corruption policy from international acts to the National Program for the Prevention of Corruption in Public Administration has been determined.
The author has made an attempt to summarize the reasons for the decrease in the level of effectiveness of the implementation of the anti-corruption strategy and recommendations aimed at improving its effectiveness.
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Zawadzki, Paweł. « Origin of the European Ombudsman ». Miscellanea Historico-Iuridica 19, no 1 (2020) : 443–59. http://dx.doi.org/10.15290/mhi.2020.19.01.19.
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The purpose of this article is to set out the multiannual process for establishing the European Ombudsman's office and the reasons for its establishment. It presents the history of the first European Ombudsmen and the history of the European Communities from a legal perspective. The author goes back to the reasons for setting up the European Ombudsman's body, which were the lack of legitimacy in the European Union. The role of bodies such as the European Ombudsman is to ensure that citizens' rights are actually respected. The European Ombudsman strengthens the rule of law in the European Union and complements the role of the courts by providing a cheap, accessible individual remedy and, on the other hand, complements the representative function of the European Parliament by becoming the centre of independent critical assessment and improvement of the quality of European administration. The rule of law serves to maintain the EU system as a supranational system. It is the construction of the axis of integration. If there is a lack of trust in the community in this respect, it begins to be treated differently. It is therefore important that the European Ombudsman fulfils his Treaty obligations as a body of the European Union effectively.
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Pokrovskiy, A. V. « Role of the European ombudsman in implementation of good governance ». Actual Problems of Russian Law, no 4 (30 mai 2019) : 168–73. http://dx.doi.org/10.17803/1994-1471.2019.101.4.168-173.
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The purpose of the paper is to analyze the phenomena of the law of the European Union, ensuring the activities of the European Ombudsman as a body promoting the integration process in the European Union.The subject of consideration in the article is the legal status of the European Ombudsman, its role and place in the institutional system of the European Union.The paper provides a brief overview of the competence of the European Ombudsman and ways of his activities, explores the role of the European Ombudsman in implementing the good governance, analyzes the practice of the European Ombudsman and its impact on the activities of EU institutions and bodies.It is determined that the decisions of the European Ombudsman, directed against violations of the order of governance, affect relations in various areas of the European Union, contributing to the practical implementation of the conceptual principles of good governance. Not legally binding, the decisions of the European Ombudsman are embodied in acts of EU institutions that establish the relevant rules as binding.
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Vogiatzis, Nikos. « Exploring the European Council's Legal Accountability : Court of Justice and European Ombudsman ». German Law Journal 14, no 9 (1 septembre 2013) : 1661–86. http://dx.doi.org/10.1017/s2071832200002467.
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The purpose of this article is to explore the avenues for legal accountability vis-à-vis the European Council after the Treaty of Lisbon. This will be achieved through an assessment of the jurisdictional realms of, on the one hand, the Court of Justice of the European Union (CJEU), and on the other hand, the European Ombudsman, always in relation to the European Council. Legal accountability may be understood in this respect as the supervision of the observance of the European Union (EU) rule of law. The European Ombudsman is an EU body established by the Treaty of Maastricht; by virtue of Art. 228 of the Treaty on the Functioning of the European Union (TFEU), he or she has the power to investigate complaints of maladministration “in the activities of the Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the European Union acting in its judicial role.”
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Moure Pino, Ana María. « THE EUROPEAN OMBUDSMAN IN THE FRAMEWORK OF THE EUROPEAN UNION ». Revista chilena de derecho 38, no 3 (décembre 2011) : 421–55. http://dx.doi.org/10.4067/s0718-34372011000300002.
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Simić, Savo. « The European Union Ombudsman in the public interest protection : A case study of the purchase of vaccines by the European Commission during the COVID-19 pandemic ». Socioloski pregled 56, no 2 (2022) : 453–73. http://dx.doi.org/10.5937/socpreg56-35162.
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In this paper, we examine the collision of private and public interests within the European Union in a case study of the mediation of the European Union Ombudsman in resolving a dispute between the European Commission and one civil society organization. The social justification and contribution of the research are reflected in the public interest in purchasing and procuring vaccines for the European public, while the scientific justification and contribution are present in deepening knowledge about the institutional and legal shortcomings on which the public interest of the European Union rests. The methods in use are: the analysis of the content of legal acts and other documentation of the European Union, the historical method in processing the institutional-historical role of the European Ombudsman institution and the new institutionalism present in the dynamic nature of institutions.
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Maryniv, Ivanna, et Andriy Kotenko. « The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union ». Law and innovations, no 1 (33) (5 avril 2021) : 55–61. http://dx.doi.org/10.37772/2518-1718-2021-1(33)-8.
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Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.
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Melnyk, O. « EXTRAJUDICIAL INSTITUTIONS IN THE SPHERE OF HUMAN RIGHTS PROTECTION IN THE EU ». Grail of Science, no 14-15 (9 juin 2022) : 169–70. http://dx.doi.org/10.36074/grail-of-science.27.05.2022.027.
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In general, there are judicial and extrajudicial ways to protect human rights in the EU. Judicial protection of human rights from violations by international institutions falls within the jurisdiction of the Court of Justice. Extrajudicial institutions that protect the rights of the individual include the following: the Ombudsman of the European Union, the EU Agency for Fundamental Rights, and EU bodies such as the European Commission and the Council of the EU. It should be noted that the functions of these bodies in the field of individual rights are to protect the rights of the individual from violations by the bodies of the European Union and not the EU Member States. Extrajudicial bodies responsible for the protection of individual rights should be distinguished as follows. Depending on the purpose of education: specialized institutions for the protection of individual rights: the Agency for Fundamental Rights of the European Union, the Ombudsman of the European Union, and bodies of general competence: the European Commission or the Council of the EU. According to the subject of the appeal to the Institute for Protection of Rights: the Ombudsman of the European Union, for appeals of individuals, the Agency for Fundamental Rights of the European Union, which provides for appeals of certain bodies of the European Union and the Council of the EU. The Council of the European Union is the main body of the EU in terms of performing various functions. It is considered the main rule-making body of the EU. It is important to note that the issue of protection of individual rights is not a priority, but only one of the functions of this EU body. The main executive body of the EU is the Commission of the European Union, which performs the function of investigating illegal actions and can impose penalties on violators. The object of illegal actions may be an offense by a Member State of the requirements imposed on it by the EU's founding treaties, including human rights offenses. The basis in this process, within the framework of the investigation, is the right of both natural and legal persons to apply to the Commission for illegal actions committed by a Member State. The human rights procedures used by the Commission should be considered quite effective, as they combine both information and representation. Since the entry into force of the Maastricht Treaty, the EU has established a mechanism for the protection of human rights, namely the Ombudsman of the European Union.
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Seneviratne, Mary. « Katja Heede : European Ombudsman : Redress and Control at Union Level ». European Public Law 7, Issue 4 (1 décembre 2001) : 699–701. http://dx.doi.org/10.54648/383575.
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Maryniv, Ivanna. « The role of the European ombudsman in protecting the rights of EU citizens and ensuring the good governance of the institutional mechanism of the European Union ». Law and innovations, no 3 (31) (2 octobre 2020) : 38–45. http://dx.doi.org/10.37772/2518-1718-2020-3(31)-6.
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Formulation of the problem. During the existence of the institution of the European Union Ombudsman, the level of trust of EU citizens in this body as an effective means of protecting the rights and freedoms of individuals and legal entities has significantly increased. This is evidenced by the fact that there is a significant annual increase in the number of cases submitted to the EU Ombudsman, as well as the importance of the issues in which he participates. Today, the EU faces new challenges due to the globalization policies pursued by most EU member states, labor migration and other global processes. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protecting the rights of individuals and monitoring the activities of the authorities is very relevant. At present, it is necessary to reform this body, giving it a wider range of powers that would allow it to perform its tasks more effectively. The purpose of this article is to study the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of the institutional mechanism, as well as the analysis of amendments to the Statute of the EU Ombudsman to increase his powers. Article’s main body. The article is devoted to the study of the history of the establishment of the Ombudsman institution with the definition of its legal status. The amendments to the Statute of the EU Ombudsman are analyzed to increase the scope of his powers, as for more than 20 years of activity, this body, without a real possibility to adopt binding acts, exercises “soft power” based on the idea of openness to eliminate violations. In this regard, possible changes to the Statute of the Ombudsman have been explored, which can range from minimal (eg informing the committee responsible instead of submitting a special report to the European Parliament) to more significant ones (including interference in cases involving considered by the Court of Justice). Considerable attention is paid to the practice of the European Ombudsman in ensuring the proper management of the institutional mechanism on the basis of the annual report. Conclusions. There is a problem of insufficient powers of the European Ombudsman, and therefore, this body is still under development, as evidenced by the adopted European Parliament resolution on amendments related to the growth of the legal status of the EU Ombudsman, in terms of the possibility of adopting mandatory decisions on access to information by EU citizens, as well as the EU Ombudsman’s direct ability to intervene in cases before the General Court.
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Annicchino, Pasquale. « Religion and EU Institutions ». Ecclesiastical Law Journal 15, no 3 (15 août 2013) : 326–31. http://dx.doi.org/10.1017/s0956618x13000458.
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The implementation of Article 17(3) of the Treaty on the Functioning of the European Union (TFEU) has always been one of the central topics of discussion for legal scholars analysing the relationships between religious groups and European institutions. According to Article 17, the European Union shall maintain an open, transparent and regular dialogue with churches, religious associations or communities, philosophical organisations and non-confessional organisations. In the case in hand, the complainant, the European Humanist Federation (EHF) decided to lodge a complaint before the European Ombudsman when the European Commission rejected the proposal for a dialogue seminar.
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Vogiatzis, Nikos. « One Ombudsman (EU) or Many (UK) ? Interpreting the Singularity of Actors in the EU ». European Public Law 19, Issue 4 (1 décembre 2013) : 739–57. http://dx.doi.org/10.54648/euro2013044.
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This paper aims at explaining a paradox. At the European Union (EU) level, a vast entity often characterized by diversity and multilevel governance, one Ombudsman operates, based in Strasbourg. On the contrary, in certain EU Member States, including the UK, which will serve as a case-study here, a plethora of ombudsmen has emerged, an 'ombudsmania' according to some scholars, which extends to the private sector. It will be argued that this asymmetry may be explained if we compare the constitutional priorities further to which the Ombudsman (or the Ombudsmen) was (were) created in the respective polities. The paper finds that in Europe, the Ombudsman and his/her maladministration control was mainly activated to bring the citizens closer to the EU and to bridge the democratic gap; in this context, the role of the Ombudsman cannot be dissociated from the strengthening of the European demos. In the UK, the goal was to increase efficiency in administration by addressing maladministration; this has been achieved via a variety of ombudsmen, frequently operating under an explicitly defined mandate, offering specialized knowledge and expertise. The singularity or plurality of actors may be seen as corresponding to two different ombudsman 'models' in a given polity. Finally, the creation of the European Ombudsman in accordance with the abovementioned constitutional priority could serve as further evidence of the particularity of the polity when compared to international organizations.
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Bilohur, Vlada, et Roman Oleksenko. « THE EUROPEAN SPORT MODELS MANAGEMENT IN THE EUROPEAN UNION COUNTRIES EUROPEAN UNION ». HUMANITIES STUDIES 90, no 13 (2022) : 59–68. http://dx.doi.org/10.26661/hst-2022-13-90-07.
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Stec, Małgorzata. « Innovation in European Union Countries ». Gospodarka Narodowa 236, no 11-12 (31 décembre 2009) : 45–65. http://dx.doi.org/10.33119/gn/101233.
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IGNAT, Claudiu. « Effects of the Measures Undertaken by the European Mediator Regarding the Protection of Human Rights ». Journal of Advanced Research in Law and Economics 10, no 2 (31 mars 2020) : 549. http://dx.doi.org/10.14505//jarle.v10.2(40).14.
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The research performs an accurate radiography regarding the measures the European Mediator unfolds in the Human Rights protection but also with regard to the social impact upon the European citizen. The European Mediator is a complement to the ombudsmen existing in each State. However, its competence is limited only to the European Union authorities, as it does not involve the ones of the Member States. Any possible reports between the European Mediator and the equivalent institutions from the European Union Member State can only be mutually supported as long as every ombudsman aims the fulfilment of the same main function, namely that of administration control and citizen protection.
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Rodríguez-Gulías, María Jesús, Vítor Manuel de Sousa Gabriel et David Rodeiro-Pazos. « Effects of governance on entrepreneurship : European Union vs non-European Union ». Competitiveness Review : An International Business Journal 28, no 1 (15 janvier 2018) : 43–57. http://dx.doi.org/10.1108/cr-06-2016-0035.
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Purpose The purpose of this paper is to analyse the effect of six governance indicators on the rate of creation of new companies between countries that are members of the European Union (EU) and those that are not. H1 states that the various dimensions of governance help to explain the immediate creation of new businesses in European and non-European countries. H2 states that the various dimensions of governance help to explain the deferred creation of new businesses in European and non-European countries. Design/methodology/approach The paper uses two types of analyses: firstly, univariate analysis, which is a descriptive statistics of the dependent, independent and control variables, and the results of a t-test; and secondly, multivariate analysis, which estimates using the fixed-effects estimator under the specifications previously raised for the subsample of 28 EU countries and for the subsample of 103 non-EU countries during the period 2004-2014. Findings The results show that the variables of governance are not significantly higher in the EU, although the density of the enterprises is. Within the governance indicators, government effectiveness is significant in the EU. The results obtained for the EU confirmed H1and H2, with a significant positive effect of government effectiveness on entrepreneurship, while the other governance variables were not significant in the EU subsample. The results obtained for non-EU countries suggest no significant immediate effects (H1) and a slightly significant delayed effect of rule of law on the entrepreneurship (H2) concerned. Research limitations/implications Future research in this area could consider introducing another regional division or other types of methodology as variables affect models. Practical implications Governance can be defined as the ability of a government and its public institutions to provide services and design, and implement rules, which is a factor that affects the creation of new companies. However, the effect of governance could differ depending on the country and its economic environment. This paper analyses the effect of six governance indicators on the rate of creation of new companies considering two different geographic regions as countries are presumably heterogeneous. Therefore, these results indicate that the effect of governance variables on entrepreneurship differs according to the region. Social implications The effect of governance variables on entrepreneurship according to the region is also known. Originality/value This study applied panel data analysis to two samples of countries during the period 2004-2014, one formed by 28 countries of the EU and the other by 103 non-EU countries. No other paper considers this number of countries for this period. To assess the impact of governance on the creation of new companies, this paper considered the existence of immediate and deferred effects of governance on entrepreneurship.
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KAELBLE, Hartmut. « Citizens and the European Union since 1950 ». Journal of European Integration History 27, no 2 (2021) : 213–22. http://dx.doi.org/10.5771/0947-9511-2021-2-213.
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The article covers the relationship of the citizens with the European Union and its predecessors since the beginnings of the European integration in the 1950s. It distinguishes the period of the unquestioned citizen during the 1950s and 1960s, the period of the questioned and mobilized citizen since the 1970s and the period of the active citizen since around the turn the of century, in looking at European elections, referendums, European movements, interest organizations, regular European opinion polls, complaints by citizens at the European Parliament, at the European Commission and at the European ombudsman and legal proceedings by citizens at the European Court in Luxemburg. In addition, the article looks at the change between periods of trust and periods of distrust by citizens in the European institutions since the 1950s. It argues that the trend towards the mobilized and active citizen includes an eventual strong rise of distrust in periods of crisis, but also by a return of trust by the citizens even in difficult periods such as the recent Covid19 pandemic.
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Maryniv, Ivanna, et Andriy Kotenko. « Administrative and judicial remedies of EU on civil servants’ rights protection ». Law and innovations, no 4 (36) (15 décembre 2021) : 21–26. http://dx.doi.org/10.37772/2518-1718-2021-4(36)-3.
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Problem setting. The modern pandemic reality makes all the citizens of the European Union vulnerable, especially in terms of employment and employment disputes. European civil service framework has been existing for more than 50 years, but until now some fundamental issues need to be tackled. Transparency is what the international community is striving for nowadays. The numerous tools for legal protection available to the EU servants offer completely different solutions to the one problem. Therefore, it is crucial to maintain the sound practice, according to the principle of sustainable development. The problems of the pre-trial administrative disputes resolution are questioning the mere ability of this mechanism to provide protection impartially and within sound terms. On the one hand, European Court of Justice stands as an effective remedy, which compensates the drawbacks of administrative way of rights protection. But on the other hand, the European Ombudsman institute shows, that both of the aforementioned remedies are not capable of giving up-to-date protection to the EU servants. That’s why substantial changes in this framework are needed, including reconsideration of the procedure of appeals prescribed under the Council of the EU Staff Regulation. Target of research is to evaluate the effectiveness of each of the remedies available to the EU servants for today in the EU acquis framework. Article’s main body. The article is devoted to the research of administrative and judicial means of remedies available to the EU servants. The analysis of the Court of Justice of the European Union case practice has been conducted. The procedure of resolution of administrative disputes between the EU servants and the EU institutions via the European Ombudsman institute has been investigated. The analysis of disputes concerning the protection of EU servants’ rights within the administrative framework within the institutions has been carried out. Conclusions. After analyzing various types of remedies on the protection of civil servants’ rights, a couple of issues to tackle has been revealed. The administrative remedies under Staff Regulations of the Council are not transparent enough to consider them sufficient for being the main way of protecting Staff rights prescribed in the Regulation. The European Ombudsman, along with judicial practice of the Court of Justice of the European Union might be the relief for the institutional mechanism of civil servants rights protection due to the strategic investigations the European Ombudsman is capable to undertake. Further recap of the administrative means of remedies available under the Staff Regulation is explicitly urgent to conduct as soon as possible.
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Joumard, Isabelle. « Tax systems in European Union countries ». OECD Economic Studies 2002, no 1 (7 mai 2003) : 91–151. http://dx.doi.org/10.1787/eco_studies-v2002-art4-en.
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Hsieh, Jin-chi, Ching-cheng Lu, Ying Li, Yung-ho Chiu et Ya-sue Xu. « Environmental Assessment of European Union Countries ». Energies 12, no 2 (18 janvier 2019) : 295. http://dx.doi.org/10.3390/en12020295.
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This study utilizes the dynamic data envelopment analysis (DEA) model by considering time to measure the energy environmental efficiency of 28 countries in the European Union (EU) during the period 2006–2013. There are three kinds of variables: input, output, and carry-over. The inputs are labor, capital, and energy consumption (EC). The undesirable outputs are greenhouse gas emissions (GHE) and sulfur oxide (SOx) emissions, and the desirable output variable is gross domestic product (GDP). The carry-over variable is gross capital formation (GCF). The empirical results show that first the dynamic DEA model can measure environment efficiency and provide optimum improvement for inefficient countries, as more than half of the EU countries should improve their environmental efficiency. Second, the average overall scores of the EU countries point out that the better period of performance is from 2009 to 2012. Third, the output variables of GHE, SOx, and GDP exhibit a significant impact on environmental efficiency. Finally, the average value of others is significantly better than high renewable energy utilization (HRE) with the Wilcoxon test. Thus, the EU’s strategy for environmental energy improvement should be to pay attention to the benefits of renewable energy (RE) utilization, reducing greenhouse gas emissions (GHE), and enhancing the development of RE utilization to help achieve the goal of lower GHE.
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Gajos, Edyta, Sylwia Małażewska et Konrad Prandecki. « EMISSION EFFICIENCY OF EUROPEAN UNION COUNTRIES ». Annals of the Polish Association of Agricultural and Agribusiness Economists XX, no 6 (10 décembre 2018) : 55–60. http://dx.doi.org/10.5604/01.3001.0012.7732.
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The aim of the study was to compare the total greenhouse gas emissions in the European Union countries and their emission efficiency. Emission efficiency was calculated as the ratio of emission volume and value to gross value added generated by the economy of a given country (size of the economy). The necessary statistical data was obtained from Eurostat. It was found that in 2015 most of greenhouse gases were emitted by: Germany, United Kingdom, Poland, France and Italy. At the same time, France and the United Kingdom were characterized by one of the best emission efficiency in the European Union, Germany and Italy obtained average results, while Poland was in the group of countries with the lowest emission efficiency. Therefore, it can be concluded, that the volume of emissions is significantly affected by the size of the economy. Some large emitters have economies based on relatively “clean” technologies and thus their potential to further reduction is not very high. The reverse is true for some low-emission countries, such as Estonia and Bulgaria. This indicates the need for a more comprehensive look at the problem of reducing greenhouse gas emissions.
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Derc, Ewa. « Legal Status of the Financial Ombudsman in the European Union – Risks and Challenges ». Financial Law Review, no 23 (3) (2021) : 145–62. http://dx.doi.org/10.4467/22996834flr.21.026.14446.
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This contribution deals with the protection of consumer rights which must be clear and certain. At the same time, it is not possible to protect the important interests of the stability of the financial market and its actors and, at the same time, to protect those who use the services of these actors. After all, the interests of the parties in a contract are not entirely compatible, the client wants to receive the lowest possible price of capital and the borrower the highest possible price. A body that will protect one party will not be independent with regard to the other interest being protected. The idea of all the Financial Ombudsmen created after 2008 is precisely that of protecting one party, the consumer/customer, who, in his or her own way, is the guarantor of the banks' liquidity security. This idea prevails where the consumer of financial services is effectively protected. The Ombudsman is, in a way, a consequence, but also a guarantor of financial stability and the financing system, and not speculation on consumers.
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Świerczyński, Piotr. « Instytucjonalizacja społeczeństwa obywatelskiego z perspektywy prawa Unii Europejskiej ». Acta Iuridica Resoviensia 32, no 1 (2021) : 221–36. http://dx.doi.org/10.15584/actaires.2021.1.18.
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The institutionalization of civil society in European Union law is a mechanism created as a result of various political, historical and cultural events. Civic society is the result of a specific historical process, but nevertheless it is constantly subjected to various changes, therefore it can be said that it is constantly being created “before our eyes”. Europe of citizens, understood as a postulate to identify the citizens of the European Union with European structures, is manifested, inter alia, in the institutions of European civil society shaped by these structures. These institutions include, for example, citizenship of the European Union and the rights constituting its constituent element, such as the right to petition the European Parliament, the right to lodge a complaint to the European Ombudsman, and the European Citizens’ Initiative. Therefore, these institutions of EU law are undoubtedly a legislative attempt to implement the idea of a European civil society. The citizens of the European Union are more and more willing to use from the institutions concerned, which to some extent proves their effectiveness. However, a hindrance the ubiquitous EU bureaucracy and far-reaching formalism, which results in, inter alia, declare many complaints, petitions and initiatives inadmissible. The assessment of the institutionalization of the European civil society, based on the analysis of the intensity of use and usefulness of the above-mentioned institutions by the citizens of the European Union, is therefore rather positive, although the European Union still has a long way to go to a state that could be considered satisfactory.
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Kraciuk, Jakub. « FOOD SECURITY OF THE EUROPEAN UNION COUNTRIES ». Annals of the Polish Association of Agricultural and Agribusiness Economists XIX, no 3 (22 août 2017) : 150–55. http://dx.doi.org/10.5604/01.3001.0010.3238.
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The aim of the study was to show the state of food security in European Union countries and defines the basic factors determining the level of this security. There is a large disproportion in the state of food security between individual European Union countries, especially between old and new EU countries. It was determined that in the analyzed years average prices of products and their quality deteriorated in the countries of the European Union. The unfavorable changes that have taken place were not too great. On the other hand, the average indicator for the analyzed countries regarding access to food has clearly improved.
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Grabowska, Barbara. « Education of teachers in European Union countries ». Osvitolohiya, no 3 (2014) : 40–41. http://dx.doi.org/10.28925/2226-3012.2014.3.4045.
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Gajewski, Paweł. « Public Finance Sustainability in European Union Countries ». Gospodarka Narodowa 251, no 10 (31 octobre 2011) : 21–38. http://dx.doi.org/10.33119/gn/101072.
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Elbashir, Rania. « LIBYA'S FOREIGN TRADE WITH EUROPEAN UNION COUNTRIES ». MEST Journal 10, no 2 (15 juillet 2022) : 64–70. http://dx.doi.org/10.12709/mest.10.10.02.07.
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The subject of this empirical and theoretical work is the exchange of foreign trade in Libya with the countries of the European Union. The scientific objective of the research is to make a scientific classification of the volume of foreign trade between Libya and the European Union countries and to discover the factors that hinder foreign trade and explain them scientifically. European countries also support this cooperation and contribute significantly to the formulation of future cooperation policies with Libya in various social, political, and economic fields. However, this cooperation takes place in light of objective difficulties arising from the conflicting interests of Western countries in North Africa and Libya. Since these relations are burdened with many problems of different nature, we started this paper from two assumptions: The first premise is that in the trade relations between Libya and the European Union, there are common interests for foreign trade that are more feasible. The second premise is that more encouragement and protection for investments by the countries of the European Union helps in new qualitative development and economic growth in Libya, which will significantly improve trade relations between Libya and the countries of the European Union.
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Kavelaars, Peter. « The foreign countries of the European Union ». EC Tax Review 16, Issue 6 (1 décembre 2007) : 268–73. http://dx.doi.org/10.54648/ecta2007044.
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Szymańska, Agata. « Tax revenues in the European Union countries ». Wiadomości Statystyczne. The Polish Statistician 62, no 5 (26 mai 2017) : 79–99. http://dx.doi.org/10.5604/01.3001.0014.0921.
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The aim of this paper is to analyse tax revenues and examine similarities of selected tax revenues (mainly VAT, CIT, PIT and excise duty) in the European Union countries. The analysis of the EU members concerns the period between 2003 (i.e. the year preceding the biggest enlargement of the EU) and 2012 (due to data completeness). Tax rates and the structure of tax revenues in the EU countries were compared and then the cluster analysis was applied to assess the similarity of tax revenues. The analysis suggests that the process of tax harmonization, which took place in the period considered, did not exert a significant impact on the similarity of the structure of tax revenues in the EU countries. The structure seems to be still determined by e.g. social, economic or historical factors, which influenced the tax systems creation in particular EU countries.
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Brozo, William G., E. Sutton Flynt, Gerry Shiel, Ulla-Britt Persson, Christine Garbe et Lydia Dachkova. « Content Reading in Four European Union Countries ». Reading Teacher 63, no 2 (octobre 2009) : 170–73. http://dx.doi.org/10.1598/rt.63.2.10.
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MUFTAKHOVA, A. N. « TERRITORIAL MOBILITY IN THE EUROPEAN UNION COUNTRIES ». Central Russian Journal of Social Sciences 14, no 1 (2019) : 145–60. http://dx.doi.org/10.22394/2071-2367-2019-14-1-145-160.
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Saman Shojae Chaeikar, Mazdak Zamani, Christian Sunday Chukwuekezie et Mojtaba Alizadeh. « Electronic Voting Systems for European Union Countries ». Journal of Next Generation Information Technology 4, no 5 (31 juillet 2013) : 16–26. http://dx.doi.org/10.4156/jnit.vol4.issue5.3.
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Legros, F., et M. Danis. « Surveillance of malaria in European Union countries ». Eurosurveillance 3, no 5 (1 mai 1998) : 45–7. http://dx.doi.org/10.2807/esm.03.05.00103-en.
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The European Union countries are outside the endemic area for malaria, but many cases of malaria contracted elsewhere are imported into Europe each year. Several countries have reported high and increasing numbers of imported cases in recent years (France
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Afonso, Oscar, Ana Lurdes Albuquerque et Alexandre Almeida. « Wage inequality determinants in European Union countries ». Applied Economics Letters 20, no 12 (août 2013) : 1170–73. http://dx.doi.org/10.1080/13504851.2013.797551.
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Lewis, Alfred, et Owusu Kwarteng. « The European Union : implications for developing countries ». European Business Review 95, no 5 (octobre 1995) : 3–8. http://dx.doi.org/10.1108/09555349510096090.
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Branco Pedro, João, Frits Meijer et Henk Visscher. « Building control systems of European Union countries ». International Journal of Law in the Built Environment 2, no 1 (20 avril 2010) : 45–59. http://dx.doi.org/10.1108/17561451011036513.
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Economou, Athina, et Iacovos N. Psarianos. « Revisiting Okun’s Law in European Union countries ». Journal of Economic Studies 43, no 2 (9 mai 2016) : 275–87. http://dx.doi.org/10.1108/jes-05-2013-0063.
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Purpose – The purpose of this paper is to examine Okun’s Law in European countries by distinguishing between the transitory and the permanent effects of output changes upon unemployment and by examining the effect of labor market protection policies upon Okun’s coefficients. Design/methodology/approach – Quarterly data for 13 European Union countries, from the second quarter of 1993 until the first quarter of 2014, are used. Panel data techniques and Mundlak decomposition models are estimated. Findings – Okun’s Law is robust to alternative specifications. The effect of output changes to unemployment rates is weaker for countries with increased labor market protection expenditures and it is more persistent for countries with low labor market protection. Originality/value – The paper provides evidence that the permanent effect of output changes upon unemployment rates is quantitatively larger than the transitory impact. In addition, it provides evidence that increased labor market protection mitigates the adverse effects of a decrease in output growth rate upon unemployment.
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Agiakloglou, Christos, et Emmanouil Deligiannakis. « Sovereign risk evaluation for European Union countries ». Journal of International Money and Finance 103 (mai 2020) : 102117. http://dx.doi.org/10.1016/j.jimonfin.2019.102117.
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Giambona, Francesca, Erasmo Vassallo et Elli Vassiliadis. « Educational systems efficiency in European Union countries ». Studies in Educational Evaluation 37, no 2-3 (juin 2011) : 108–22. http://dx.doi.org/10.1016/j.stueduc.2011.05.001.
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Cahlík, Tomáš. « Central and east european countries after entering the european union ». Prague Economic Papers 11, no 1 (1 janvier 2002) : 3–16. http://dx.doi.org/10.18267/j.pep.185.
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Samardžija, Višnja. « European union and central european countries reducing barriers or not ? » International Advances in Economic Research 1, no 1 (février 1995) : 81. http://dx.doi.org/10.1007/bf02295861.
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Fidrmuc, Jarko. « Restructuring European union trade with central and eastern European countries ». Atlantic Economic Journal 28, no 1 (mars 2000) : 83–92. http://dx.doi.org/10.1007/bf02300533.
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Мануілова, К. В. « Ombudsman decentralized in the EU : experience for Ukraine ». PUBLIC ADMINISTRATION ASPECTS 4, no 1-2 (4 février 2016) : 42–50. http://dx.doi.org/10.15421/1516005.
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The article analyses the actual theme of the ombudsman institution in terms of decentralization of public power. The features of formation and functioning of the ombudsman in Sweden, Finland, of Denmark, Austria and the Netherlands. It is noted that it is the best ombudsman protects the rights of people in decentralized EU. Ombudsman makes a significant contribution to the democratization of society, public power closer to the people, ensuring fairness, legitimacy and willingness to meet the needs of citizens and contributes to greater transparency, efficiency and quality in the work of public authorities. Today, most decentralized European countries the post of local / regional ombudsman, which successfully handles control of public authorities. The conclusions emphasized that the activities of the institute of local / regional ombudsman investigated in the EU was an important step for the further development of democratic society; strengthening the rule of law key components (growth status of the individual, guaranteeing the rights and freedoms of man and citizen); providing better control over the activities of authorities and officials; realization of the main goal of the policy of decentralization of public power – the power to approach people. The recommendations for change Ukrainian ombudsman as a decentralized public power.
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Sulaiman, Saqer. « Arab Youth Migration to the European Union ». Pro Publico Bono - Magyar Közigazgatás 8, no 4 (2020) : 106–21. http://dx.doi.org/10.32575/ppb.2020.4.8.
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Migration from Arab countries to European countries started many decades ago. It has been driven by a variety of push–pull factors. The two main factors are economic deterioration and political instability. Many young people migrated to escape unemployment, poverty and poorworking conditions. Others fled the effects of war and conflicts. This paper reviews Arab youth migration to European countries, its drivers, and the way it impacts the origin countries, host countries and the immigrants. Despite some negative implications of migration on the origin countries such as education cost and deprivation of the country from the potential capacity of skilled people, the benefits of these countries are rather clear and include remittances, knowledge and experience transfer. However, mitigation of Arab youth migration challenges is not an easy task; it needs new governmental approaches to reduce unemployment rates, as well as the active involvement of youth in economic and political life.
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Balyuk, I. A., et M. A. Balyuk. « External Debt Problem in the European Union ». World of new economy 15, no 2 (26 juin 2021) : 47–61. http://dx.doi.org/10.26794/2220-6469-2021-15-2-47-61.
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The paper's relevance is substantiated by the fact that today a rapid growth of external debt of the most developed countries of the world (including European Union (EU) countries) is one of the most acute problems of the modern world economy and global finance. The paper aims to assess the degree of the external debt burden of various EU countries and evaluate the prospects of solving external debt problems in the EU. The article focuses on dynamics, composition, and specifics shaping the EU countries' external debt based on comparative, economic, statistical, and graphical analysis. Special attention we paid to the analysis of specifics of the EU countries' sovereign external debt composition connected with the acute problem of the rapid growth of public debt in general. The paper examines the ratio of public external and internal debt in various EU countries. It determines the EU particular countries where public external debt is shaping based on either cross-border or domestic model. The research results reveal a high degree of dependence of the EU economy on international debt finance. Gross external debt and sovereign external debt of the EU countries are still growing, and its distribution among various member states is very uneven. The structural imbalance of the EU countries' net external debt has also been revealed: the number of net borrowers is double that of net lenders. According to the basic external debt sustainability indicators, some EU countries are in a pretty tricky situation and entirely depend on the possibility of external debt refinancing.