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Articles de revues sur le sujet "Procedure (Law) – European Economic Community countries"
1
Verhagen, Gijs. « The Compliance and Dispute Settlement System of the European Energy Community ». Legal Issues of Economic Integration 46, Issue 2 (1 mai 2019) : 149–60. http://dx.doi.org/10.54648/leie2019009.
Texte intégralRésumé :
This article assesses the compliance, enforcement and dispute settlement procedure of the Energy Community (EnC). The EnC is an international organization composed of the European Union (EU) and several (South-)East European states, whose main goal is to integrate and harmonize the energy sector of the non-EU member countries with the energy sector of the EU by (among others) offering the prospects of easier access to foreign investments. This however requires implementation by those countries of the mandated rules as set by the EnC, which in practice are similar to the same rules and laws that are required within the EU itself. The implementation of these rules has been proven to be lacking, prompting active compliance enforcement by the Energy Community Secretariat, the permanent body tasked with monitoring compliance. For this, the EnC has a dispute settlement system which is highly diplomatic of nature, and which is most often already effective at enforcing compliance simply by negotiation. However, this dispute settlement system is still seen as lacking a few aspects, such as real sanctions, that would make it more effective at enforcing compliance of the rules of the EnC.
2
Bree, Axel. « The Organisation of Waste Management in the European Union Member States ». Journal for European Environmental & ; Planning Law 2, no 6 (2005) : 478–89. http://dx.doi.org/10.1163/187601005x00471.
Texte intégralRésumé :
AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
3
Suparman, Eman. « KERJASAMA BIDANG PERADILAN ANTAR NEGARA DALAM RANGKA UPAYA PENYERAGAMAN PRANATA HUKUM ANTAR BANGSA ». Jurnal Hukum dan Peradilan 1, no 2 (31 juillet 2012) : 171. http://dx.doi.org/10.25216/jhp.1.2.2012.171-188.
Texte intégralRésumé :
Applicability of the rules of the positive law of a country is limited by territorial boundaries that country. While the legal relationship that lasted between members of the community of nations always occurs and exceeds the limits of the territorial sovereignty of the state law. Therefore, the national law of the countries should continue to be pursued in order to be able to answer a variety of transnational issues that exist. The effort is certainly not intended to be uniform throughout the internal legal system of sovereign states, but merely an attempt to harmonize the rules of international private law. While problem solving for issues specific civil law will be made by the judicial bodies of each country. In order to accommodate this reality, is a conditio sine qua non for Indonesia to consider measures to make international agreements in order to enrich the rules of civil procedure law court. The problem, at least to face the coming force of AFTA in the ASEAN region should be harmonization between the legal systems of the individual ASEAN member countries. If not, the difficulty for the difficulties to be faced every country, when the demands of the right form of execution verdict handed down in a country can not be implemented in other sovereign nations. The situation is certainly less beneficial terms of economic cooperation. Therefore, the establishment of a model law for a convention in the form of the ever pursued by countries in the European region, reasonably considered to be a model in drafting the ASEAN convention. At least these efforts will support the objective of allied countries to achieve harmonization of laws between countries in the ASEAN region. Keywords: cooperation in judicial, legal institutions, harmonization
4
Logvynenko, M. I., et A. E. Tsymbal. « Problems of decentralization reform implementation in Ukraine and ways to solve them ». Legal horizons, no 24 (2020) : 23–28. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p23.
Texte intégralRésumé :
The present article deals with the decentralization reform in Ukraine, definition of basic concepts, in particular, «decentralization», «local self-government», «territorial community» has been installed, on the European Charter of Local Self-Government, as a fundamental international normative document, proclaiming the foundations of decentralization has been focused attention, the main conceptual document in the field of decentralization reform at the national level has been defined, problematic issues of decentralization reform implementation in Ukraine has been isolated, in the absence of a proper mechanism of legal regulation has been focused attention, after all, the new administrative-territorial system is not prescribed in the Constitution of Ukraine, on the inconsistency of the publicly announced goals of decentralization reform with the real actions of the authorities within the reform, contradictions regarding the legal status of the prefect in the system of renewed local self-government mechanism, irrationality of association of some territorial communities, legal unregulation of land decentralization procedure has been focused attention, negative impact of the consolidation of settlements, optimization of the network of medical institutions on life in territorial communities has been installed, issues of land decentralization and its consequences for citizens has been analyzed, bring in line the mechanism of legal regulation of issues related to decentralization reform, including, make appropriate changes to the Basic Law, adopt the Law «On the Principles of Administrative and Territorial Organization of Ukraine» and other legal acts necessary for the implementation of the reform has been suggested, on the need to bring national legislation into line with the European system of legal regulation has been emphasized, on the need to learn the experience of foreign countries in the field of decentralization reform has been focused attention, the expediency of revising the mechanism of community formation, which should be objective and consistent with the principle of economic efficiency has been installed, prospects for further research on the topic of decentralization reform in Ukraine has been defined.
5
IEFYMENKO, Tetiana, Svitlana VOROBEI et Ljudmyla LOVINSKA. « Global guidelines for reporting on sustainability of enterprises in transition countries : martial law and reconstruction in Ukraine ». Fìnansi Ukraïni 2022, no 3 (21 juin 2022) : 8–21. http://dx.doi.org/10.33763/finukr2022.03.008.
Texte intégralRésumé :
Introduction. The most important task of the sovereign state of Ukraine nowadays is the victory in the war with the Russian aggressor, as well as ensuring sustainable innovation development in close cooperation with the international community. Problem Statement. In countries with economies in transition in the preparation of non-financial reporting we can notice the following : lack of institutional levers of impact and motivation for the disclosure of environmental, social and other indicators; lack of standard approaches to the content of non-financial reporting and procedures for its administration, etc Purpose. The aim of the study is: to substantiate the improvement to Ukraine’s public policy in Ukraine on non-financial reporting on sustainable development; to study contradictions of the new reality and directions to overcome them for the countries with transition economies while preparing non-financial reporting and applying indicators of sustainable development; to develop proposals on the content of such reporting in emergency situations, in particular during hostilities, as well as post-war reconstruction. Materials and methods. The following methods: institutional, systemic, empirical, structural and functional and others have been applied while using UNCTAD guidelines and factual data., Results. The authors suggest ways to overcome these obstacles and to supplement the “Guidance on core indicators for entity reporting on contribution to the implementation of SDGs” (GCI) with a block of indicators on crisis management trends in conditions of uncertainty and post-war overcoming of the effects of destabilization. Conclusions. The martial law in the country, the consequences of hostilities have a profound impact on the activities of companies and should be shown in the reports. On the basis of regulatory initiatives of the European Union on non-financial reporting in the electronic format in Ukraine it is necessary: to regulate the Taxonomy of non-financial reporting (EU Regulation 2020/852); to show in the management report the disclosure of basic performance indicators of enterprises in various fields (economic, environmental, social, institutional); to implement the concept of sustainable development in the national non-financial reporting infrastructure.
6
Hofmann, Mahulena, et Martin Faix. « Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no 3 (26 juin 2017) : 40. http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2767.
Texte intégralRésumé :
Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The main reason for this was the dualist approach in regard to international law. Fundamental political and economic changes, such as the Velvet Revolution in Czechoslovakia, marked the end of the cold war and the beginning of a transition process. The changes in national legal orders have been accompanied by substantial modifications in the area of constitutional law, mostly resulting in the adoption of entirely new or radically modified constitutions. This is true also for the Czech Republic, Slovakia, Poland and the Russian Federation. One of the most remarkable common characteristics of the new constitutions of the CEE countries is the shift from a dualistic approach to a broad openness to international law. Despite this common feature the manifestation of this openness cannot be regarded as uniform – the methods used by states to deal with international law and to ensure the conformity of the domestic legal order with their international obligations vary. The common denominator of the constitutional orders under review is the fact that the rules of international law are considered to be a part of their national legal orders. General provisions concerning the relationship between national law and international law can be found in the Czech, Russian and Polish constitutions, but not in the Slovak constitution. The common feature of all four constitutional texts is that they take a clear position on the status of treaties, stipulating conditions (approval by parliament, promulgation, etc) under which a treaty or certain categories of treaties (eg as listed by Article 49 of the Czech Constitution) will be considered to be part of the national legal order, as well as the hierarchical status of treaties in the case of a conflict with national law. In all four countries under consideration, the rank of treaties lies between the level of the Constitution and that of ordinary parliamentary statutes. The situation is considerably different in regard to the role of customary international law: only the Russian Constitution includes not only treaties but also customary international law in the legal order. Nevertheless, Slovak, Czech and Polish constitutional provisions stipulate the commitment of the states to fulfil their obligations under international law, including customary international law. Even though legally binding, these provisions are not identical with general provisions incorporating certain categories of international law as stated above. The openness to international law is demonstrated also by the inclusion of provisions pursuant to which states can transfer certain powers to international organizations. (Such provisions were included in the constitutions of e.g. Slovakia, Poland and the Czech Republic in the context of their integration into the EU for the purpose of ensuring the direct application of Community law.) Thus, if considering the formal openness to international law, a high degree of willingness to open the domestic legal orders to international law can be discerned in the constitutional systems of the states under review. However, the extent of constitutional provisions on the relation of a particular state to international law does not necessarily strengthen its application in practice, as can be observed in the legal order of the Russian Federation. When determining the factual status of international law and its incorporation in the domestic legal orders of the CEE countries, the judicial practice of national courts is of great importance, in particular the judicial practice of constitutional courts. The question of the role of international law in the decisions of constitutional courts appears to be even more interesting because of the fact that implementation of constitutional jurisdiction belongs to one of the most important innovations of CEE transition countries after the end of the cold war. Their broad competencies in respect to international law can be seen as an additional indicator of the openness of their legal orders towards supranational legal rules. International law plays an important role not only as a subject of judicial review but also as a criterion of constitutionality applied in national procedures before the constitutional courts. The extensive jurisprudence of national constitutional courts based on international law is to a large extent characteristic of the CEE Countries. Their constitutional courts often rely on international law, especially human rights, when reviewing the constitutionality of domestic acts. This underlines the fact that general constitutional provisions on international law do not remain only a ‘dead letter.’ However, when demonstrating their openness towards international law, constitutional courts sometimes exceed the limits of their competences, as can be observed e.g. in the case of the Czech Constitutional Court. (Despite the fact that the changes introduced by the Constitution in 2001 caused it to lose the competence to use international law as a criterion for its decisions, the Court continued to base its decisions partly on international law.) Generally it can be argued that the acceptance of international law is remarkably high in the legal orders of the countries under review – in particular when taking into consideration the relatively short time which was needed not only to formally ensure the role of international law, but also to ensure its implementation in practice, most notably in the judicial practice of constitutional courts. This does not mean, however, that there are no difficulties which have to be solved in the future. The application of customary international law by national courts is an example of this. However, the opening of national legal systems of the formerly totalitarian states towards international law has undoubtedly had a positive influence on the process of their transformation towards the rule of law.
7
Derzhaliuk, M. « Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 1) ». Problems of World History, no 18 (8 novembre 2022) : 144–86. http://dx.doi.org/10.46869/2707-6776-2022-18-7.
Texte intégralRésumé :
The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP).
It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole.
The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly.
The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted.
Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions.
It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019.
It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.
8
Derzhaliuk, M. « Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 2) ». Problems of World History, no 19 (27 octobre 2022) : 143–75. http://dx.doi.org/10.46869/10.46869/2707-6776-2022-19-9.
Texte intégralRésumé :
The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP).
It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole.
The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly.
The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted.
Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions.
It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019.
It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.
9
Legrand, Pierre. « European Legal Systems are not Converging ». International and Comparative Law Quarterly 45, no 1 (janvier 1996) : 52–81. http://dx.doi.org/10.1017/s0020589300058656.
Texte intégralRésumé :
Since the late 1940s, economic considerations relating to the globalisation of world markets have led an ever larger group of Western European countries to unite in the quest for a supra-national legal order which, in time, generated the European Community. Most of these countries' legal orders claim allegiance to what anglophones are fond of labelling the “civli law” tradition,1although two common law jurisdictions joined the Community in the early 1970s. The European Community's early decision to promote economic integration (and, later, other types of integration) through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption ofnationalrules in all member States), a process of relentless “juridification”; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a “steering medium”.2This development was foreseeable: once the interaction among European legal systems had acted as a catalyst for the creation of a supra-system,3the need to achieve reciprocal compatibility between the infra-systems and the supra-system naturally fostered the development of an extended network of interconnections (such as regulations and directives) which eventually raised the question of further legal integration in the form of a common law of Europe.4
10
McMahon, Joseph A. « International Agricultural Trade Reform and Developing Countries : The Case of the European Community ». International and Comparative Law Quarterly 47, no 3 (juillet 1998) : 632–46. http://dx.doi.org/10.1017/s0020589300062205.
Texte intégralRésumé :
We are all aware that agriculture is important to developing countries as a source of income, employment and export earnings. To a far greater extent than in the OECD countries, agriculture it central to the economic performance of developing countries and the livelihood of their inhabitants. Rural societies in developing countries are directly dependent on the agricultural sector and urban dwellers rely on agriculture to provide food security and sustainable economic growth. Furthermore, many developing countries heavily rely on the export earnings or are highly dependent on food imports. Given the fact that the poorest and most threatened communities and countries are typically the most highly dependent, the resolution of pressing global agricultural policy and trade issues is critical to sustainable development and poverty alleviation.
Thèses sur le sujet "Procedure (Law) – European Economic Community countries"
1
LEAL, ARCAS Rafael. « Theory and practice of EC external trade law and policy ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13171.
Texte intégralRésumé :
Defence date: 11 March 2008Examining board: Prof. Bruno De Witte, European University Institute (Supervisor) ; Prof. Francesca Martines, Faculty of Economics, University of Pisa ; Prof. Petros C. Mavroidis, Columbia Law School, NY and University of Neuchâtel ; Prof. Ernst-Ulrich Petersmann, European University Institute
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Both the European Community (EC) and its Member States agree that it is in their best interest to coordinate their action vis-à-vis the rest of the world in international trade agreements. Theory and Practice of EC External Trade Law and Policy looks at the intricacies of the institutional framework of EC trade law, and with special emphasis on services trade, examines the law and practice of EC external trade relations from a policy, economic, legal and an overarching European constitutional perspective. The objective of the author’s analysis is not only to find ways to nurture and preserve the unitary character of EC external trade relations in areas of shared competence between EU Member States and EU institutions, but also to understand the management of the EC’s external trade relations. The book begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The author then proceeds to analyse the problems faced by the EU in its external relations and the legal complexity of mixed agreements. This unique legal phenomenon is tackled from an intra-EC perspective as well as from an extra-EU perspective taking into account various implications for third parties. The major EU institutions are examined: the Commission as the negotiator of international trade agreements, the role of the EU Council and the European Parliament in concluding and ratifying of agreements and the European Court of Justice in relation to judicial enforcement. The EU’s decision-making process in the trade arena and its relation with national institutions are examined. The book concludes with an analysis of the EC’s contribution to the Doha Round in the area of services trade.
2
Kouba, Cox Martina. « The approximation of EC law in the Czech Republic : transposiiton or transformation ? » Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78217.
Texte intégralRésumé :
This thesis examines the process of approximating EC law that the Czech Republic has undertaken both under the Europe Agreement and in order to fulfill one of the conditions for membership in the European Union. The thesis aims to determine whether the transposition of EC legislation has been undertaken with a view to effective implementation of the acquis communautaire and to assess what implications this process will have for the Czech Republic. To this end, three areas of law which are subject to approximation are examined, namely competition law, environmental law and company law. Accordingly, Chapter I provides a general overview of the process of approximation and the challenges it poses for the Czech Republic. The process of approximation in the field of competition law is examined in Chapter II, followed by environmental law in Chapter III. The area of company law is addressed in Chapter IV. Finally, Chapter V concludes with an analysis of the findings of the previous chapters with a discussion of the implications of approximation for the legal order of the Czech Republic.
3
SEGNI, Laura. « L'esecuzione del bilancio europeo ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13170.
Texte intégralRésumé :
Defence date: 15 October 2007Examining Board: Prof. Jacques Ziller, Relatore (IUE) ; Prof. Giuliano Amato, (IUE) ; Prof. M.P. Chiti, (Università di Firenze) ; Prof. Giacinto della Cananea, (Università di Napoli Federico II)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available
4
Doutrelepont, Carine. « Incidence du droit communautaire sur l'évolution du droit d'auteur : perspectives de rapprochement des législations nationales ? analyse à travers certaines composantes du droit d'auteur :étude de droit comparé et de droit européen ». Doctoral thesis, Universite Libre de Bruxelles, 1991. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212993.
Texte intégral
5
Van, Raepenbusch Sean. « La sécurité sociale des travailleurs migrants en droit européen ». Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213117.
Texte intégral
6
Dony, Marianne. « La responsabilité des pouvoirs publics en cas d'intervention dans une entreprise en difficulté ». Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213118.
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7
BEAUCHESNE, Benedicte. « La protection juridique des entreprises en droit communautaire de la concurrence ». Doctoral thesis, 1991. http://hdl.handle.net/1814/4558.
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Defence date: 27 May 1992Examining board: Prof. Marie-Chantal Boutard-Labarde (Université de Paris X-Nanterre) ; Prof. Fausto Capelli (Université de Parme) ; Prof. Peter Müller-Graff (Université de Trier) ; Prof. Jürgen Schwarze (Supervisor - EUI) ; Prof. Jean Vergès (Université de Paris I)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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BAQUERO, CRUZ Julio. « The economic constitutional law of the European Community : between competition and free movement ». Doctoral thesis, 2001. http://hdl.handle.net/1814/4554.
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Defence date: 5 March 2001Examining board: Prof. Giuliano Amato, Presidente del Consiglio dei Ministri; European University Institute (supervisor) ; Prof. Gráinne de Búrca, European University Institute ; Prof. Koen Lenaerts, Judge, Court of First Instance of the European Communities; Katholieke Universiteit Leuven ; Prof. Jean-Victor Louis, European University Institute; Université libre de Bruxelles (supervisor) ; Dr. Peter Oliver, Legal Adviser, European Commission
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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MEAD, Philip. « The European Community as an International Actor : Does the Community possess an international personality and responsibility separate from its Member States ? » Doctoral thesis, 1985. http://hdl.handle.net/1814/26188.
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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.
Texte intégralLivres sur le sujet "Procedure (Law) – European Economic Community countries"
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Principles of administrative procedure in EC law. Oxford : Hart Pub., 1999.
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Sijbren, Cnossen, et Erasmus Universiteit Rotterdam. Faculteit der Economische Wetenschappen., dir. Tax coordination in the European Community. Deventer [Netherlands] : Kluwer Law and Taxation Publishers, 1987.
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Der institutionelle Rahmen im Wettbewerbsrecht der Europäischen Union und mögliche Reformmodelle : Eine Darstellung des europäischen institutionellen Gefüges und eine Entwicklung eines neuen Modells durch Vergleich mit dem institutionellen Rahmen in den USA, Deutschland, Grossbritannien und Frankreich. Frankfurt am Main : P. Lang, 1998.
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Cuthbert, Mike. European Community law. London : Cavendish Publishing, 1993.
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European Community law. London : Cavendish Pub., 1995.
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European Community law. Eastham, Wirral, Merseyside : Tudor, 1992.
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Francis, Snyder, dir. European Community law. New York, NY : New York University Press, 1993.
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Holly, Cullen, dir. European Community law. London : Pitman, 1994.
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Tillotson, John. European Community law : Text, cases & materials. London : Cavendish Pub. Ltd., 1993.
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European community law of state aid. Oxford : Clarendon Press, 1997.
Trouver le texte intégralChapitres de livres sur le sujet "Procedure (Law) – European Economic Community countries"
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Pannia, Paola. « Tightening Asylum and Migration Law and Narrowing the Access to European Countries : A Comparative Discussion ». Dans IMISCOE Research Series, 49–71. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67284-3_3.
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AbstractThis chapter aims to explore and analyse the tangled interplay of political discourses, policies and legislations in the field of asylum and migration that runs across the countries under scrutiny (the Czech Republic, Denmark, Finland, Greece, Italy, Switzerland and the UK, hereinafter SIRIUS countries). Building on empirical evidence, we highlight some main trends registered across SIRIUS countries: the narrowing and slowing down of access to international protection that results from the recourse to push-back operations and the construction of fences, but also procedures provided by the EU asylum acquis, such as the accelerated procedure. This restraining tendency is even more acute in the field of economic-related migration, where in most of the SIRIUS countries legal entry channels are mostly reserved for those who are considered eligible due to their economic resources or talent, such as high-skilled workers, investors or rich entrepreneurs. These restrictive measures often rely on narratives that question the sincerity of the asylum claim, and criminalise migration and humanitarian assistance. Meanwhile, legislative landscapes on migration and asylum are increasingly populated by symbolic laws, which downgrade foreigners’ rights and weaken standards. Their explicit aim is to dissuade migrants from coming to the country, while catering for natives’ fears and responding to domestic electoral consensus-building.
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Ervo, Laura. « Plea Bargaining Changing Nordic Criminal Procedure : Sweden and Finland as Examples ». Dans Ius Gentium : Comparative Perspectives on Law and Justice, 255–69. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74851-7_14.
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AbstractA plea bargaining system is a novelty and originally a legal transplant in Northern European countries. It exists—in some form—for instance in Finland, Norway and Denmark, whereas in Sweden only the system of crown witnesses is likely to be introduced. In this chapter plea bargaining is put into the East-Nordic—Finnish and Swedish—contexts. How does plea bargaining fit into the East-Nordic court culture? Which ingredients does the contemporary legal culture consist of? In which way is court culture changing due to the new values in the society? Or are the amendments made primarily to reduce the costs of the state? Fairness, procedural justice, conflict resolution, negotiated law, pragmatically acceptable compromise, procedural truth, court service, communication and interaction are examples of the topics that are currently discussed in Finland and Sweden. At the same time, the use of written proceedings and proceedings in the absence of an accused are increasing. Is the plea bargaining system a step towards a more effective and economic criminal procedural system or is it mirroring new type of thinking concerning criminal proceedings? In this chapter, these elements are discussed. Finland is used as a main example. The Finnish situation is also compared with Sweden.
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Kieron, Beal. « Part V Competition Law and Procedure in the European Economic Area, 28 European Economic Area Competition Procedure ». Dans EU Competition Procedure. Oxford University Press, 2022. http://dx.doi.org/10.1093/law-ocl/9780198799412.003.0028.
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This chapter explores the general structure of the competition provisions and procedure, including the rules on State aid—applicable under the Agreement on the European Economic Area (EEA Agreement). The European Free Trade Association (EFTA) was established in 1960 by Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom. Its goal was to reduce or remove import duties, quotas, and other obstacles to trade in Western Europe and to uphold liberal, non-discriminatory practices in world trade. EFTA membership served as a platform for EFTA members to negotiate a specific agreement with Member States of the European Community for an extension of the internal market to those countries. The resultant EEA Agreement came into force on 1 January 1994. The EEA Agreement is an international treaty that is considered to be sui generis and which contains a distinct legal order of its own. The Agreement, whilst falling short of a customs union, has created the world's largest integrated economic area. The chapter then describes the substantive competition rules under the EEA Agreement, the procedure to be followed in their application, and the allocation of jurisdiction between the EU Commission and the EFTA Surveillance Authority (ESA) in that application.
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Kur, Annette, et Martin Senftleben. « The European Trade Mark System ». Dans European Trade Mark Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199680443.003.0004.
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Before the harmonization of trade mark law in the EU, the legal traditions in the Member States of the European Economic Community were divided into common law systems and civil law systems, with certain differences also prevailing between the latter. In all countries alike, the original objective underlying the protection of commercial signs had been to indicate property of goods offered in the marketplace or to enable national authorities to control the quality, kind, or amount of production. In the age of industrialization, the concept developed into the notion of signs indicating origin of goods stemming from private enterprises, with the accent being placed on different aspects of that concept. In civil law countries, the emphasis lay on indicating that a particular business had ‘ownership’ of a sign. Thus, the legislature saw its foremost task in establishing a secure and transparent system for the acquisition and maintenance of ownership, and offering trade mark owners the legal means necessary for defending the mark against illicit use by unauthorized others. In common law, the accent lay on the prevention of passing off, which was considered a task in the public interest rather than serving private commercial aims. In contrast to continental civil law, creating a public register and admitting private claims against infringement were not tantamount to acknowledging a proprietary right in trade marks. Instead, these measures were taken to efficiently support the public policy objectives underlying trade mark law.
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Karliuk, Maksim. « The Influence of CJEU Judgments on the Legal Order of the Eurasian Economic Union ». Dans The Impact of the European Court of Justice on Neighbouring Countries, 54–78. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0004.
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The Eurasian Economic Union (EAEU)—an international organization for regional economic integration in post-Soviet space—has a judicial body aimed at ensuring uniform application of law. The predecessor of the EAEU—the Eurasian Economic Community (EURASEC)—also had its own judicial body. This chapter presents findings on the impact of the Court of Justice of the European Union (CJEU) on the legal system of the EAEU through the lens of citations of CJEU cases by the EAEU and EURASEC courts. Both courts refer to CJEU case law extensively, sometimes even adopting similar approaches, albeit others choosing to pursue different paths. The chapter shows the relevant statistics, explores the relative impact of citations, presents several prominent examples of judgments, and provides possible explanations of the approaches taken.
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Rahman, Hakikur. « Role of ICT in Establishing E-Government System for Disadvantaged Communities ». Dans Information Communication Technologies, 1482–93. IGI Global, 2008. http://dx.doi.org/10.4018/978-1-59904-949-6.ch101.
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Information and communications technologies (ICTs) are playing an increasingly vital role in the daily lives of all communities by revolutionizing their working procedures and rules of governance. ICTs offer a unique opportunity for governing elite to overcome the crisis of representative democracy, as ICT and the Internet empower civil society to play its role more effectively and facilitate the performance of governments’ main function-serving the people who elect them (Misnikov, 2003). In the realm of government, ICT applications are promising to enhance the delivery of public goods and services to common people not only by improving the process and management of government, but also by redefining the age-old traditional concepts. Community networking groups and local government authorities are well placed to campaign for greater inclusion for all members of the community in the information society. Possible areas to target include the provision of technology at low or no cost to groups through community technology centres or out of hours school access. There are many possibilities and local government must take a significant role in these activities (Young, 2000). Information society is based on the effective use and easy access of information and knowledge, while ICT for development (or ICTD) is not restricted to technology itself but focusing on manifold development and diverse manifestations for the people to improve their well-being. ICTD has deep roots in governance, is part of governance and has effects on governance patters and practices at both central and local level. By recognizing these facts, UNDP focuses on technologies to end poverty at WSIS Cyber Summit 2003, and emphasizes on ways that new technologies can help lift more than one billion people out of extreme poverty (UNDP, 2003). Apart from the four Asian IT giants (Korea, Rep., Hong Kong, China, Taiwan, China, and Japan), most of the Asian countries have fallen under the “low access” category of the Digital Access Index. This has also been referred in the WSIS Cyber Summit 2003, until now, limited infrastructure has often been regarded as the main barrier to bridging the digital divide (ITU, 2003). Among the countries with ICT spending as share of their GDP, Sweden, UK, The Netherlands, Denmark, and France (8.63, 7.97, 7.39, 7.19, and 6.57% respectively during 1992-2001) remain at the top (Daveri, 2002, p. 9), while countries like Bangladesh, Greece, Mexico, Niger, and many more remain at the bottom (EC, 2001; ITU, 2003b; Miller, 2001; Piatkowski, 2002). In a similar research it has been found that in terms of average share of ICT spending GDP, New Zealand, Sweden, Australia, USA, and UK (9.3, 8.4, 8.1, 8.1, and 7.8% respectively during 1992-1999) were among the highest (Pohjola, 2002, p. 7), though most of the countries in the Asian and African regions remain below the average of 5%. The disadvantaged communities in the countries staying below average in ICT spending seem to be lagging in forming appropriate information-based economy and eventually fall behind in achieving proper e-government system. The e-government system in those countries need to enhance access to and delivery of government services to benefit people, help strengthen government’s drive toward effective governance and increased transparency, and better management of the country’s social and economic resources for development. The key to e-government is the establishment of a long-term dynamic strategy to fulfill the citizen needs by transforming internal operations. E-government should result in the efficiency and swift delivery and services to citizens, business, government employees and agencies. For citizens and businesses, e-government seems the simplification of procedures and streamlining of different approval processes, while for government employees and agencies, it means the facilitation of cross-agency coordination and collaboration to ensure appropriate and timely decision-making. Thus, e-government demands transformation of government procedures and redefining the process of working with people and activities relating to people. The outcome would be a societal, organizational, and technological change for the government and to its people, with IT as an enabling factor. E-government should concentrate on more efficient delivery of public services, better management of financial, human and public resources and goods at all levels of government, in particular at local level, under conditions of sustainability, participation, interoperability, increased effectiveness and transparency (EU, 2002). ICT brings pertinent sides more closely by prioritizing partnerships between the state, business and civil society. A few East European countries have became economically liberal with the high level of foreign direct investment per capita and at the same time became ICT-advanced regional leaders in terms of economic reform. These countries also present the region’s most vivid examples of partnerships and collaboration. They have clearly manifested the importance of the public-private partnerships, transparent bottom-up strategies, involvement of all stakeholders, total governmental support, capturing economic opportunities, and enabling electronic mediated businesses, responding to the challenges of globalization.
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Mühlendahl, Alexander, Dimitris Botis, Spyros Maniatis et Imogen Wiseman. « The New Trade Mark ‘Package’ ». Dans Trade Mark Law in Europe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198726050.003.0013.
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Trade mark protection in Europe, when the European Economic Community was established in 1957, was territorial in nature, and the respective trade mark systems varied widely. Reforms were undertaken in some of the original six and eventually nine Member States, highlighted by the creation of a uniform trade mark system for the three Benelux countries in 1970, and the introduction of the requirement of use in Germany in 1967.
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Yann Simo, Regis. « The (Domestic) Enforcement of AU International Economic Law Instruments : Exploring the Desirability of Direct Effect ». Dans The Emergent African Union Law, 417–35. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862154.003.0023.
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This chapter deals with the principle of direct effect as applied in European Union (EU) law and explores its suitability in the enforcement of African Union (AU) legal instruments, notably those setting up the African Continental Free Trade Area (AfCFTA). What motivates the issue of direct effect is the noted reticence of African countries to litigate trade matters between themselves despite the existence of provisions of regional trade treaties creating courts of justice which give standing to Member States. Therefore, it surveys the avenues through which natural and legal persons can uphold their rights stemming from AfCFTA treaties, thus contributing to treaty interpretation and increasing security and predictability. Currently, the AfCFTA Dispute Settlement Protocol, modelled after the World Trade Organization (WTO), does not allow such a possibility, contrary to rights acquired by natural and legal persons before some African Regional Economic Communities (RECs) courts. Nevertheless, this chapter finds that carving out access of natural and legal persons to AfCFTA proceedings may not always work as intended since there are other ways to bypass these obstacles. These loopholes could be the gateway through which direct effect will develop and become a principle of AU law, broadly speaking. These gaps further complement this chapter’s suggestions to explore amending the AfCFTA legal instruments, even though its dispute settlement system is yet to be tested, in order to match the standing that natural and legal persons have acquired under the RECs, which, in fine, are building blocks towards achieving the AfCFTA and, eventually, the African Economic Community.
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Clark, David S. « Postwar Legal Transplants and Growth of the Academic Discipline : 1945–1990 ». Dans American Comparative Law, 349—C7.N1. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780195369922.003.0007.
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Abstract America again re-engaged in foreign legal reform after 1945 in Germany, Japan, and Korea, dependent upon the social, political, economic, and military situation. During the 1950s, the communist Cold War ideological threat to capitalism and liberal democracy pushed the United States to demonstrate its ability to foster economic and social progress among its allies and non-aligned nations. Comparatists in the ABA and the newly formed American Association for the Comparative Study of Law devoted substantial effort to international unification of commercial and trade law and later law projects to promote modernization among developing countries, such as agrarian reform, judicial independence, and active instruction in legal education. By the 1970s, unsatisfactory results for most of these action programs shifted concern to scholarly inquiry about the relationship between law and social change. Furthermore, comparative lawyers began to take a greater interest in the amorphous concepts of rule of law and human rights. The postwar period marked a steady rise in comparative law academic quality, stimulated by the AACSL, its meetings, journal, and participation in international congresses. Comparatists developed expertise in subfields, namely, unification of law, private international law, and comparative legal sociology. Law schools saw more comparative law courses and coursebooks; some specialized in Soviet, Japanese, or Latin American law, or in fields such as comparative constitutional law or European Community law. Comparative law journals proliferated, as did degree programs for foreign students. By 1990, the AACSL had instituted a democratic system of election, which put it on a path toward further growth.
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Milošević, Goran. « Regulation of Public Finances in Serbia in Light of Financial Constitutionality ». Dans Regulation of Public Finances in Light of Financial Constitutionality : Analysis on Certain Central and Eastern European Countries, 151–80. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.zn.ropfatilofc_8.
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A country has always been an important factor in the economic processes of a county. With its activity, mechanisms for provision of services, consumption and investment system, its role in the allocation and distribution process of income and wealth, a country directly or indirectly establishes certain relations in the social reproduction process. Because of that it can be said that the country activity reflects on the public, but also on the private sector of a social community. No government, no county, can afford the ease of economic and any other activity taking place past it. A country must take on a lot of tasks, to establish the necessary harmony in all spheres of social activities in a social community. For realization of numerous tasks that are entrusted to one country, it needs certain funds that it collects either with the monopoly of its sovereign authority or in some other way. With the change and development of the county the tax system which is necessary to fulfil its role also changed and developed. In the field of taxation, the Republic of Serbia has no limitations on the scope of its tax jurisdiction. The constitution regulates the subjective financial law of the country, i.e., the right to introduce and collect taxes and prescribe the duty of natural and legal entities to act in accordance with tax regulations. Modern constitutions have established the principle of legality of taxes, which can be expressed by the maxim ‘nullum tributum sine lege’ (‘there is no tax without law’). Thus, Article 91, paragraph 1 of the Constitution of Serbia prescribes that the funds from which the jurisdiction of the Republic of Serbia, autonomous provinces and local self-government units are financed, are provided from taxes and other revenues determined by law. Paragraph 2 of the same article proclaims the rule that the obligation to pay taxes and other duties is general and is based on the economic power of the taxpayer. Therefore, the basic postulates on which the financial right is built are contained in the constitution. It follows that financial law cannot exist without constitutional norms. On the other hand, through tax law, the constitution gained its concretization and realization. The science of financial law is exhibited in numerous monographs, textbooks, studies, discussions, articles, and other publications. Several authors have made a great contribution to the development of this scientific discipline in Serbia, among which the most important are Milan Todorović, Jovan Lovčević, Aleksandar Perić, Miodrag Jovanović, Miroslav Petrović, Dejan Popović, Božidar Raičević, and others.
Actes de conférences sur le sujet "Procedure (Law) – European Economic Community countries"
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Đurić, Stefan, et Bojana Lalatović. « SOLIDARITY CHECK IN TIMES OF COVID-19. ANALYSIS OF THE EU APPROACH TOWARDS ITS CLOSEST NEIGHBOURS WITH A SPECIAL FOCUS ON MONTENEGRO ». Dans EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18303.
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Solidarity as one of the cornerstone values of the European Union has been once again seated on the red chair and intensively discussed within the European Union and broader. After the economic recession and migrant crisis that marked the last two decades, the outbreak of the COVID-19 pandemic has once again harshly tested the fundamental objectives and values of the European Union and the responsiveness and effectiveness of its governance system on many fronts. In April, 2020 several EU Member States were among the worst affected countries worldwide and this situation soon became similar in their closest neighbourhood. It put a huge pressure on the EU to act faster, while at the same time placing this sui generis community to the test that led to revealing its strengths and weaknesses. As it happened in the previous crises, the Union launched policies and various programmes that were meant to lessen the burden of the Member States and aspiring countries caused by the crises. The objectives of the mentioned soft law instruments that the EU adopted during the COVID-19 crisis has been not only to show that EU law is equipped to react to health and economic crises rapidly but to deliver its support in terms of solidarity to its Member States and its closest neighbours facing the unprecedented health and economic crisis. This article will explore the value and implication of the solidarity principle in times of Covid-19 in its various manifestations. A special focus will be on the financial and material aspects of the EU instruments created to combat the negative consequences of the pandemic and their further impact on shaping the solidarity principle within the EU system. While examining the character and types of these mechanisms a special focus will be placed on those available to Western Balkan countries, whereas Montenegro as the “fast runner” in the EU integration process will be taken as a case study for the purpose of more detailed analyses. One of the major conclusions of the paper will be that although the speed of the EU reactions due to highly complex structure of decision making was not always satisfying for all the actors concerned, the EU once again has shown that it is reliable and that it treats the Western Balkan countries as privileged partners all for the sake of ending pandemic and launching the socio-economic recovery of the Western Balkans. Analytical and comparative methods will be dominantly relied upon throughout the paper. This will allow the authors to draw the main conclusions of the paper and assess the degree of solidarity as well as the effectiveness of the existing EU instruments that are available to Montenegro and aimed at diminishing negative consequences of the crisis.
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Karluk, S. Rıdvan. « Eurasian Customs Union and Turkey’s Membership ». Dans International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01343.
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Leaders of Russia, Belarus, and Kazakhstan which are the countries of disintegrated Soviet Union signed an agreement in order to establish a Union named Eurasian Economic Union on the date of 29 May 2014. With this attempt Russia wants to protect its former penetration on former Soviet geography by providing economic integration. Positive messages upon the membership of Turkey to Eurasia Economic Union were given at Eurasia Economic Union meeting which was held in Ankara in January mid-2015 and hosted by Andrey Karlov, Ambassador of Russia. Nursultan Nazarbayev, who is the pioneer of this idea, has stressed that Turkey should be a member of the Community several times before now. The idea of Sergey Markov, who is the point man of Putin as “Turkey should enter Eurasia Union not European Union, it can gain strength in this way”, is void within the scope of international agreements which Turkey signed with European Union and of the rules of WTO. Erdoğan, Prime Minister of the relevant term said Putin that “Take Turkey into Shanghai Cooperation Organization and ease our difficulty”; in Russian- Turkey peak held on 23 November 2013 in St. Petersburg province of Russia. This explanation is not possible in terms of international law. Explanation of Zeybekçi, Minister of Economy as “Eurasia Customs Union is a must for Turkey. We have to be there” is not realistic. In our paper we will deal and explain why Turkey cannot enter Eurasia Customs Union and why an axial dislocation cannot occur in Turkey.
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Angelova, Ivana. « Building moratorium as a future instrument for tackling unsustainable urban growth ». Dans 55th ISOCARP World Planning Congress, Beyond Metropolis, Jakarta-Bogor, Indonesia. ISOCARP, 2019. http://dx.doi.org/10.47472/ftam9222.
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We live in times when our planet is overloaded with issues coming from human activities where additional mechanisms to preserve the quality of life are essential. Modern societies experience constant internal dynamics. The uncontrolled urban growth leading to dense and unmanageable environment is a main urban issue cities face today. This is a prevailing problem in the developing countries where the construction industry is booming. Overall, while there is a rush to development there are also some conflicting interests and policies that are leading to unsustainable urban growth. To regulate a property development a local government can try to impose a moratorium on the issuance of building permits and this can be agreed upon all the interest parties or it may be imposed by operation of law (Lehman and Phelps, 2005). Oftentimes local authorities will impose a building moratorium to tackle development in order to have time to make a satisfactory urban plan or to make some changes and update the regulations. The land use control objective is to promote good planning values supported by the whole community. This is done by regulating the urban growth and it is best implemented on a carefully contemplated comprehensive plan. During a time a new plan is being drafted and growth balance is achieved some construction demand may arise based on an existing outdated, inadequate urban plan. If this demands are met “the ultimate worth of the eventual plan could be undermined” and this where the moratorium comes in place (Coon, 2010). The resources of academic literature on the case are somewhat in short supply and mainly based on describing specific case scenarios without a critical thought on the tool itself. Based on the resources the paper will look at a few different cases in developed countries using the growth management systems and one southeast european case - the city of Skopje, Macedonia that adopted the building moratorium system in January 2018. The author of this paper was personally involved in the decision making process in that time and will try to elaborate on how the tool was being used. The validity should be determined by weighing its impact on the affected parties and more comprehensive research in the economic repercussions of the mechanism is needed. A building moratorium is oftentimes a political decision and it's downside is that political parties would use it merely for their own purposes.