Littérature scientifique sur le sujet « Procedure (Law) – European Union countries »
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Articles de revues sur le sujet "Procedure (Law) – European Union countries"
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Biletskyy̆, V. O., et V. M. Chenchyk. « PRE-PROCEDURE ACTIVITIES OF LAW ENFORCEMENT BODIES OF THE EUROPEAN UNION COUNTRIES ». Juridical scientific and electronic journal, no 2 (2024) : 394–97. http://dx.doi.org/10.32782/2524-0374/2024-2/97.
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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Davinić, Marko, et Vuk Cucić. « Europeanization of General Administrative Procedure in Serbia ». Review of Central and East European Law 46, no 2 (27 mai 2021) : 153–78. http://dx.doi.org/10.1163/15730352-bja10045.
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Abstract Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies of European influence in the drafting process. Two main shortcomings thereof were the false deregulation and debureaucratization of gapa and the ‘one-size-fits-all’ approach applied in all the countries of the Western Balkan region, in spite of inherent differences in their legal systems. The purpose of the criticism given in the paper is to avoid the same issues in the future, during the process of harmonization of Serbian law with the acquis communautaire.
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Kovbas, Igor, et Pavlo Krainii. « Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study) ». Problems of legality, no 163 (28 décembre 2023) : 93–110. http://dx.doi.org/10.21564/2414-990x.163.292358.
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The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine "On Administrative Procedure".
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Krausenboeck, Maria. « DER RENEUAL MODEL DRAFT FOR AN ADMINISTRATIVE PROCEDURE LAW – BACKGROUNDS AND CURRENT SITUATION ». Administrative law and process, no 3(26) (2019) : 72–76. http://dx.doi.org/10.17721/2227-796x.2019.3.04.
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The paper focuses on administrative law reform within the European Union and raises this problem in the Central Asia countries: as EU advances with its codification and structuring on the existing principles and institutions, the countries of Central Asia start from scratch. A group of academics within the Research Network on European Administrative Law (ReNEUAL), starting with comparative law method, tries to use national administrative procedural laws, case law and principles of the administrative procedure of the European and national courts, as well as the relevant soft law, especially the “Ombudsprudence” aims, taking into account new communication technologies, at developing a relevant draft law. In its independent work between 2009 to 2014 the ReNEUAL network specified the constitutional principles for administrative procedures, naming proposed draft “self-administration law”. It deals with institutions, bodies, offices and agencies of the European Union in their relations with the public as well as various cross-cutting issues: rules on the consequences of procedural errors, use of undefined legal terms, optimization of the rules for complex processes. European Parliament’s legal committee made some reference to the ReNEUAL draft and also sought advice from members of the network. Later draft from Parliament, seen as less ambitious, stays within the basis of the currently applicable EU treaties, whereby the ReNEUAL draft would sometimes require changes to the treaty. The proposed ReNEUAL builds transparent basis for exercising human and citizen rights, helps ensure transparency and consistency of the EU administrative institutions. It could also serve as a catalyst for the reform of national administrative procedural laws. The European Commission not convinced that EU administrative law could be summarized in a single legal document, asked for a cost-benefit analysis and impact assessment and publicly consulted on the codification of EU administrative procedure from 15.12.2017 to 09.03.2018, publishing results in July 2018.
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Pohoretskyi, M. A., et Ye I. Lysachenko. « ADMISSIBILITY OF EVIDENCE IN THE CRIMINAL PROCEDURE LAW OF THE EUROPEAN UNION AND ITS IMPACT ON CRIMINAL JUSTICE IN UKRAINE ». Herald of criminal justice, no 3-4 (2022) : 20–34. http://dx.doi.org/10.17721/2413-5372.2022.3-4/20-34.
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The article is devoted to the study of admissibility of evidence in the criminal procedural law of the European Union and its impact on criminal justice in Ukraine. Authors analyze the legislative regulation and scientific approaches to determining the admissibility of evidence in European countries. The article establishes that there is no unity among the EU member states in determining the legal nature of the admissibility of evidence in criminal proceedings, namely: there are legal systems that strictly filter the information admitted to the trial (the so-called «controlled systems»), and legal systems that leave it to the discretion of the judge to assess the expediency of ignoring illegal evidence («free evidence systems»). Beyond this general distinction, evidence laws vary considerably among countries. As well as the rules of obtaining and admissibility of different types of evidence (witness testimony, interception of telephone conversations, etc.). Authors emphasize that with the increasing volume and importance of cross-border investigations in the European Union, ensuring the admissibility of evidence obtained in another Member State becomes crucial for both effective law enforcement and the protection of fundamental rights. National prosecuting authorities often investigate crimes in which part of the evidence is located abroad (a witness is abroad, the crime was committed by passing through a foreign territory, the offender crossed the border, or the crime was committed in a digital environment, etc.) In accordance with Article 6 of the European Convention on Human Rights (ECHR) and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, it is necessary to ensure that evidence obtained during cross-border investigations does not lead to its illegal or unfair use. It is concluded that the implementation of international standards, the study of the judicial practice of the European Union and the results of the work of scientists will contribute to the updating of the criminal procedural legislation of Ukraine, but it is important to take into account the national peculiarities of criminal proceedings
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Stoian, Andreea, Laura Obreja Brașoveanu, Iulian Brașoveanu et Bogdan Dumitrescu. « A Framework to Assess Fiscal Vulnerability : Empirical Evidence for European Union Countries ». Sustainability 10, no 7 (16 juillet 2018) : 2482. http://dx.doi.org/10.3390/su10072482.
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Following the financial crisis of 2007 and the sovereign debt crisis in 2010 that affected the soundness and reduced the strength of public finance in European countries, there has been a growing interest in developing methodologies to the help assess and signal the vulnerability of fiscal policy. Therefore, the aim of this study is to develop a new framework (V-L-D) to assess fiscal vulnerability. V-L-D represents a new methodology on the measurement of fiscal vulnerability that relies on the assumption that vulnerability can occur even during calm times. In comparison with previous methodologies that studied fiscal vulnerability around crisis and fiscal distress times, our framework investigates fiscal vulnerability near fiscal adjustments episodes. Our methodology relies on two distinct indicators: one showing the vulnerabilities indicated by the level of the cyclically adjusted budget balance and distance-to-stability, and one showing the vulnerabilities pointed out through the changes of the cyclically adjusted budget balance and public debt. V-L-D is able to classify fiscal vulnerability into five distinct categories having scores from 0 (no fiscal vulnerability) to 4 (extreme fiscal vulnerability). Using annual data ranging over 1990–2013 for 28 European Union countries, we evidenced 310 episodes of fiscal vulnerability, out of which 128 episodes of low vulnerability, 94 of moderate, 62 of strong, and 26 of extreme fiscal vulnerability. We also found that over 2004–2013, Greece, Portugal, Romania, United Kingdom, Ireland, Spain, and Slovenia were the most fiscally vulnerable countries in the Union. United Kingdom and Greece went through the longest episodes of fiscal vulnerability, counting 12 and 11 consecutive years, respectively. We tested our framework’s effectiveness against the Excessive Deficit Procedure. We found that the overall performance is good: V-L-D assessed moderate fiscal vulnerability during the procedure, strong fiscal vulnerability in the first year when procedure was initiated, and extreme vulnerability one year before the initiation.
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Slepak, V. Yu, et M. E. Romanova. « Legal Aspects of Export Control over the Movement of Arms and Military and Dual-Use Products in the European Union : Current State and Problematic Issues ». Actual Problems of Russian Law 16, no 7 (30 juillet 2021) : 168–78. http://dx.doi.org/10.17803/1994-1471.2021.128.7.168-178.
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The paper explores the issues of export control, their regulation in the law of the European Union; considerable attention is given to differences in the status of military and dual-use goods. Approaches to the harmonization of export of weapons regulation, as well as to the unification of legal provisions on the export of dual-use goods are considered. An analysis of acts of primary and secondary law governing both the movement of military and dual-use goods within the European Union and their export to third countries is carried out. The authors conclude that the European legislator uses similar mechanisms, which allows us to speak about the formation of a unified model of legal regulation in the areas under consideration. Particular attention is given to the procedure for obtaining licenses and permits within the framework of export control to the EU. The paper scrutinizes the characteristic features of customs declaration for military and dual-use goods export, and specifically analyses the procedure and grounds for the suspension of the release of such goods. The paper also discusses the features of checking permits and licenses when exporting military and dual-use goods.
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Hartley, Trevor C. « The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws ». International and Comparative Law Quarterly 54, no 4 (octobre 2005) : 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Goncharova, A. V. « European rules of liability for inherited debts experience for Ukraine ». Analytical and Comparative Jurisprudence, no 3 (20 février 2022) : 39–42. http://dx.doi.org/10.24144/2788-6018.2021.03.6.
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This research examines the procedure for establishing liability for inherited debts of the testator. It is noted that the inheritance law of some European countries is undergoing transformation. Discussions on the future of inheritance law in Europe have not yet been completed, and it remains to be seen whether it has begun at all. One of the key issues is the area of liability for inheritance debts, which is present in any system of inheritance law and occupies an important place.
The article highlights the main problems of European practice on the basis of Polish law and suggests that this may be the starting point for resolving this issue on a wider European scale. Modern problems are caused by the fact that most of the principles of settlement of inheritance law were borrowed from Roman private law. Daily practice shows that the solutions developed by the legislator are not always able to satisfy modern realities. Disputes over the settlement of inheritance relations are particularly noticeable in countries that have historically been part of the so-called Eastern bloc. In the light of the ever-growing demand for the unification of substantive law, inheritance in the European Union, as well as the entry into force of Regulation (EC) № 650/2012 of the European Union and the creation of a European Certificate of Inheritance, it is interesting to study. Debt inheritance research is currently lacking in a study by scholars.
We state the fact that inheritance law is a branch of civil law. In some countries, there is a principle that no one should maintain an inheritance against their own. Legislators create opportunities for potential heirs in different ways. Therefore, we propose to create a mechanism in legal systems that uphold the principle of universal succession, according to which the passive attitude to the inheritance of any heirs is equated to the submission of an application for acceptance of the inheritance. In fact, this is natural, as renunciation of inheritance is less common in practice than acceptance.
Thèses sur le sujet "Procedure (Law) – European Union countries"
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Shi, Feng. « Principles of European Union water law ». Thesis, University of Macau, 2007. http://umaclib3.umac.mo/record=b1944040.
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Lindholm, Johan. « State Procedure and Union Rights : A Comparison of the European Union and the United States ». Doctoral thesis, Uppsala : Iustus, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016250418&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.
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FELD, Leonard. « From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.
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Defence date: 14 March 2022Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.
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Fee, Emma. « 'A Europe without dividing lines' : the normative framework of the European neighbourhood policy - emergent jus gentium or consolidation of jus civile ? » Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83952.
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The primary focus of this work is Article 57 of the Draft European Constitution, concerning the constitutionalisation of a new aspect in EU external relations law, 'the European Neighbourhood Policy'. No comprehensive study of this constitutional article has yet been undertaken in EU legal research. Through the medium of the title of my thesis I wish to examine whether it amounts to an emergent jus gentium for the EU or its antithesis, the consolidation of jus civile. In parallel with the nature of the subject, this study is necessarily a legal-political one. Key points identified are the strategic use of human rights, extraterritoriality of law, foreign direct investment and legal imperialism. A number of recent developments, both judicial and legislative, have provoked this study.
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BARANSKI, Marcin. « Constitutional pluralism in the European Union : a critical reassessment ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/72280.
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Defence date: 26 July 2021Examining Board: Professor Dennis M. Patterson (European University Institute); Professor Gábor Halmai (European University Institute); Professor Jan Komárek (University of Copenhagen); Professor Alexander Somek (University of Vienna)
The aim of this thesis is to offer a comprehensive and critical analysis of one of the most popular and prolific strands in European legal scholarship, i.e., constitutional pluralism. Specifically, the thesis seeks to challenge the central claim advanced by pluralist scholars with regard to the legal structure of the European Union: namely that the relationship between the EU and national legal orders is best conceptualized and understood as a heterarchical rather than hierarchical one. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical understandings of the aforesaid relationship. In so doing, the thesis attempts to address two main questions: first, does pluralism succeed in offering a descriptively and analytically sound account of the common European legal ordering; and second, how do the traditional, positivist, and hierarchical accounts of law fare in comparison with their pluralist contenders? The thesis concludes that while pluralist scholars should be given credit for bringing to light certain distinctive features of the European legal ordering, upon closer examination, their analyses appear to confirm (rather than deny) some crucial insights of said positivist theories, along with their allegedly outdated and distorting, hierarchical understanding of law and legality. Furthermore, it is argued that the pluralist attempts to set aside the positivist questions about the ultimate grounds of law, final authority and constitutional supremacy in the European Union prove unsuccessful in view of the growing constitutional disagreement therein. Finally, the thesis suggests that the nature of the current European legal or constitutional setting is better captured by the notion of national constitutional supremacy, rather than the core pluralist idea of heterarchy.
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CERAN, Olga. « Cross-border child relocation : national law in a united Europe ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
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Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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D'ANDREA, Sabrina. « Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020) ». Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
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Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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KARAGIANNIS, Yannis. « Preference heterogeneity and equilibrium institutions : The case of European competition policy ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/15460.
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Defence date: 21 December 2007Examining board: Prof. Adrienne Héritier (EUI)(Supervisor) ; Prof. Christian Joerges (EUI, Law Department) ; Prof. Jacint Jordana (Universitat Pompeu Fabra, Barcelona) ; Prof. Hussein Kassim (Birkbeck College, University of London)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
One characteristic of European competition policy is its complex governance structure. On the one hand, the European competition regulator has always enjoyed a high degree of formal autonomy from national governments. On the other hand, that regulator has always been embedded in a multi-task and collegial organisation that mirrors intergovernmental politics. Although the literature has often disapprovingly noted this complexity, it has not been explained. Part I elaborates on the theoretical lens for understanding the governance structures of EC competition policy. Despite the prominence of principal-agent models, transaction cost economics seems to offer a more promising venue. The assumption that Member States maximise their total expected gains and postpone excessive bargaining costs leads to the following hypothesis: the greater the preference heterogeneity (homogeneity) between Member States, the higher (lower) the asset-specific investments involved, hence the higher (lower) the risk of post-contractual hold-ups, and hence the more (less) integrated the governance structures created to sustain future transactions. Alternatively, this logic leads to a deterministic hypothesis about the sufficiency of preference heterogeneities for the production of complex governance structures. Part II examines this deterministic hypothesis. Using various sources, and conducting both within- and comparative case- studies, it analyses three important cases: the negotiations of the Treaty of Paris (1951), of the Treaty of Rome (1957), and of the two implementing Council Regulations (1962 and 2003). The evidence shows that (a) the relevant actors do reason in terms of transaction cost-economising, and (b) in the presence of preference heterogeneity, actors create complex governance structures. Nevertheless, it is also found that (c) the transaction cost-economising logic is not as compelling as it may be in private market settings, as bargaining costs are not systematically postponed to the post-contractual stage, and (d) the transaction costs between Member States are not the only relevant costs.
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SCHOLTES, Julian. « The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism ». Doctoral thesis, European University Institute, 2022. https://hdl.handle.net/1814/73873.
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Defence date: 21 January 2022Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)
‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled ‘constitutional identity’. However, the rise of ‘illiberal democracies’ within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe’s ‘backsliding democracies’ Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
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HÜTTEMANN, Suzan Denise. « Principles and perspectives of European criminal procedure ». Doctoral thesis, 2012. http://hdl.handle.net/1814/24001.
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Defence date: 15 June 2012First made available online on 29 July 2019
Examining Board: Professor Neil Walker, EUI / University of Edinburgh (Supervisor); Professor Marise Cremona, EUI; Professor Valsamis Mitsilegas, Queen Mary, University of London; Professor Kimmo Nuotio, University of Helsinki.
This thesis shall contribute to European Criminal Procedure, a rapidly evolving area of EU policy that has attracted much attention, but has also been subject to criticism. The research will first identify and analyse the main rationales of this area. Since the Tampere European Council of 1999, mutual recognition has become the most fundamental concept of judicial cooperation in criminal matters and has experienced a steep career, having been adopted by Art. 82 TFEU. When the principle of mutual recognition was introduced, it was based on an analogy to the free movement of goods. This analogy has often been regarded as flawed. Moreover, there has always been a notion of mutual recognition in judicial cooperation as well. The study will show how these two factors have influenced the development of the area, and how policy concepts, such as the principle of mutual trust, have had a greater influence on the development of the law than any legal doctrine. The lack of a coherent approach to the area of judicial cooperation and the unsystematic combination of different legal orders have caused unforeseen frictions for the individual. These will be illustrated by an analysis of the law of transnational evidence-gathering according to the European Evidence Warrant and the proposed European Investigation Order. It will be shown that most of the problems result from the lack of a uniform allocation of jurisdiction and from an overly confined understanding of fundamental rights in the context of judicial cooperation. By analysing the nature and purpose of jurisdictional rules in a national and a European context, the thesis aims at uncovering the theoretic foundations on which a uniform allocation of jurisdiction could be built. Finally, the thesis analyses the role of fundamental rights in judicial cooperation. It will uncover the ineptness of a nation-state oriented interpretation of fundamental rights to adequately address the problems of mutual recognition and argue for a European understanding of transnational judicial rights.
Livres sur le sujet "Procedure (Law) – European Union countries"
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Nazzini, Renato. Concurrent proceedings in competition law : Procedure, evidence and remedies. Oxford : Oxford University Press, 2004.
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Billiet, Philippe. Class arbitration in the European Union. Sous la direction de Association for International Arbitration. Antwerpen : Maklu, 2013.
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Harlow, Carol. Process and procedure in EU administration. Oxford : Hart Publishing, 2014.
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Laura, Ervo, Gräns Minna et Jokela Antti, dir. Europeanization of procedural law and the new challenges to fair trial. Groningen : Europa Law Pub., 2009.
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Deleanu, Ion. Instituții și proceduri constituționale : În dreptul român și în dreptul comparat. București : C.H. Beck, 2006.
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Kiekebeld, Ben J. Harmful tax competition in the European Union : Code of conduct,countermeasures and EU law. The Hague, The Netherlands : Kluwer, 2004.
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Schütze, Rolf A. Das internationale Zivilprozessrecht in der ZPO : Kommentar. Berlin : De Gruyter Recht, 2008.
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George, Cumming. Civil procedure used for enforcement of EC competition law by the English, French, and German civil courts. Alphen aan den Rijn : Kluwer Law International, 2007.
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Leach, Philip. Taking a case to the European Court of Human Rights. London : Blackstone Press, 2001.
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Leach, Philip. Taking a case to the European Court of Human Rights. 2e éd. Oxford : Oxford University Press, 2005.
Trouver le texte intégralChapitres de livres sur le sujet "Procedure (Law) – European Union countries"
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Malacka, Michal. « Sharia – Conflict of Law and Culture in the European Context ». Dans Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 54–80. Brno : Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.
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Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.
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Garrido, María Amalia Blandino, et Isabel María Villar Fuentes. « Civil and Procedural Law Through the Sustainable Development Goals (SDGs) : A Transversal View ». Dans European Union and its Neighbours in a Globalized World, 45–62. Cham : Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-40801-4_4.
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AbstractThe commitment and responsibility to know and implement the SDGs are universal. Indeed, public authorities and civil society are called to simultaneously be active and passive subjects, protagonists to intervene and recipients of the achievements reached with all the actions that serve any of the 17 proclaimed goals. One way of countering the slow progress is through the joint and coordinated effort of researching and teaching law in universities. With this commitment, this paper aims to analyse how international and EU legislation incorporates sustainability goals related to civil and procedural law. It is based on the consideration that the contents of civil law and procedural law comprise various institutions and regulations that materialise different SDGs. SDG 16: Peace, Justice and Strongs Institutions have a particular impact on these areas and, more specifically, the aspects that relate to several of its targets. However, the legal implications, specifically in civil and procedural law, extend to many other objectives. This is the case of SDG 1, which aims to end poverty, SDG 5, which aims to achieve gender equality and empower all women and girls or SDG 10, whose motto is to Reduce inequality within and among countries, which also impacts civil and procedural aspects. Among the civil and procedural institutions that develop these objectives, we can highlight the regulations that prevent inequalities arising from poverty in access to justice, the recognition of the legal capacity of persons with disabilities or the prohibition of child, early or forced marriages.
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Elek, Balázs. « Criminal Judicial Cooperation from a Central and Eastern European Perspective ». Dans The Policies of the European Union from a Central European Perspective, 259–79. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_13.
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Today, the European Union and EU law influence essentially all areas of the law in Member States. Criminal and criminal procedural law are no exception. The European Union can require Member States to criminalize certain defined behaviors, determine the opinion on criminal sanctions that will punish perpetrators, and oblige the states to apply measures in certain areas of criminal law and laws on criminal procedure. As such, the harmonization of substantive and procedural norms in the Member States’ criminal law falls in the EU’s scope of authority. After the accession of the countries of Central and Eastern Europe to the European Union, the harmonization of criminal and criminal procedural law throughout the European Union has been taken to a new level. There were also previously trust-based agreements on criminal co-operation between East and Central European countries, so mutual trust in EU cooperation was not entirely new in these countries. The harmonization has also been facilitated by the fact that there have historically been many similarities between Member States’ legal systems. One of the best examples of this is the habeas corpus principle. The harmonization of criminal procedure rules has already been developed with the countries of East and Central Europe. However, the case law of the European Court of Justice regularly shows that in former Western European countries there is a greater distrust of the legislation of the East-Central European countries and that the new East–Central Member States often approach a legal issue quite differently.
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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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Yarkov, Vladimir. « Recognition and Enforcement of Judgments Between the European Union and Russia : Possible Prospects ». Dans EU Civil Procedure Law and Third Countries. Bloomsbury Publishing Plc, 2021. http://dx.doi.org/10.5040/9781509948758.0013.
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Yarkov, Vladimir. « Recognition and Enforcement of Judgments Between the European Union and Russia : Possible Prospects ». Dans EU Civil Procedure Law and Third Countries, 181–90. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748923404-181.
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Lenaerts, Koen, Piet Van Nuffel et Tim Corthaut. « The Procedure for Concluding International Agreements ». Dans EU Constitutional Law, 604–15. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0021.
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This chapter examines the procedure for the conclusion of international agreements. Article 218 TFEU sets out the internal procedure for negotiating and concluding 'agreements between the European Union and third countries or international organizations'. That Treaty provision does not itself confer any power on the Union to act internationally, but applies whenever the Union wishes to conclude an agreement. The Union is empowered to do so where the Treaties expressly so provide, where it is necessary in order to achieve one of the objectives of the Union, where it is provided for in a legally binding Union act, or where it is likely to affect common rules or alter their scope (Article 216 TFEU). This procedure of Article 218 TFEU applies in all fields of Union activity, including the Common Foreign and Security Policy (CFSP) and police and judicial cooperation in criminal matters. The same procedural requirements apply to amendments of agreements and to additional or implementing protocols concluded together with or on the basis of the agreement itself. In principle, the denunciation of an agreement also comes under Article 218 TFEU.
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Thym, Daniel. « Visa Policy ». Dans European Migration Law, 280—C11P63. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192894274.003.0012.
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Abstract Visa policy and carrier sanctions are essential elements of European migration law which sustain the profound stratification of contemporary entry policies: easy access for privileged travellers coexists with hurdles and restrictions for the ‘unwanted’. Visa requirements classify states on the basis of an abstract risk profile in order to determine the nationals of which countries have to apply for a visa from abroad. The Visa List Regulation is binding on all Member States and many neighbours follow its contents as well; visa facilitation agreements serve as a bargaining chip to convince third states to cooperate. Procedural safeguards in the Visa Code Regulation apply to full members of the Schengen area only; they embody a high level of harmonisation in relation to documentation, admission criteria, and the administrative procedure, even though the level of protection is lower than in other areas of migration law. Critical observers highlight the significance of carrier sanctions as a measure of privatised migration control, which is subject to limited legal oversight and hinders access to Union territory by persons coming from the Global South.
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Lenaerts, Koen, Piet Van Nuffel et Tim Corthaut. « International Law ». Dans EU Constitutional Law, 695–712. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0026.
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This chapter addresses the relationship between the European Union and international law. Article 218 TFEU lays down the procedure by which the Union concludes agreements with third countries or international organizations. Agreements concluded by the Union are binding on the Union institutions and on Member States (Article 216(2) TFEU). The provisions of such agreements form an integral part of the Union legal order from the moment they enter into force. This is in accordance with the 'monist' approach: agreements concluded by the Union form part of the Union legal order without there being any necessity to transpose them into internal provisions of Union law. Exceptionally, agreements not concluded by the Union but by the Member States also have binding force. This is so when the Union has assumed, under the Treaties, the competence previously exercised by the Member State in the field to which the agreement applies. This was the case with the General Agreement on Tariffs and Trade (GATT). An agreement concluded by the Member States is also binding on the Union when the Treaties provide that the Union must exercise its competence in accordance therewith. Examples are provided by the Geneva Convention and the Protocol relating to the status of refugees and other relevant treaties, which are binding on the Union in the matter of asylum policy (Article 78(1) TFEU).
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Bently, L., B. Sherman, D. Gangjee et P. Johnson. « 35. Trade mark registration ». Dans Intellectual Property Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198769958.003.0035.
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This chapter focuses on the process of registration for trade marks in the UK, the European Union, and other countries. It begins by explaining the differences in procedures and documentation needed in filing trade mark applications at the national, regional, and international levels. The role of the European Union Intellectual Property Office (EUIPO) in processing applications in the EU is considered, along with the international filing systems established under the 1891 Madrid Agreement and the 1989 Madrid Protocol. The chapter concludes by presenting possible avenues through which to acquire trade mark protection. It briefly considers the possible impacts of Brexit.
Actes de conférences sur le sujet "Procedure (Law) – European Union countries"
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Pejović, Aleksandar-Andrija. « “WOULD MONEY MAKE A DIFFERENCE?” : HOW EFFECTIVE CAN THE RULE-OF-LAW-BASED PROTECTION OF FINANCIAL INTERESTS IN THE EU STRUCTURAL AND ENLARGEMENT POLICY BE ? » 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/18362.
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In recent years, the rule of law and, especially, its “proper” implementation has become one of the most debated topics in Europe in recent years. The “Big Bang Enlargement” marked the beginning of dilemmas whether the new EU Member States fulfil the necessary rule of law criteria and opened the way for divergent views on how to implement TEU Article 2 values in practice. Furthermore, constant problems and difficulty of the candidate countries to fulfil the necessary rule of law criteria added to the complexity of the problem. In turn, the European institutions have tried to introduce a series of mechanisms and procedures to improve the oversight and make the states follow the rules - starting from the famous Treaty on the European Union (TEU) Article 7, the Rule of Law Mechanism, annual reports on the rule of law and the most recent Conditionality Regulation. The Conditionality Regulation was finally adopted in December 2020 after much discussion and opposition from certain EU Member States. It calls for the suspension of payments, commitments and disbursement of instalments, and a reduction of funding in the cases of general deficiencies with the rule of law. On the other hand, similar provisions were laid out in the February 2020 enlargement negotiation methodology specifying that in the cases of no progress, imbalance of the overall negotiations or regression, the scope and intensity of pre-accession assistance can be adjusted downward thus descaling financial assistance to candidate countries. The similarities between the two mechanisms, one for the Member States, the other for candidate countries shows an increased sharing of experiences and approaches to dealing with possible deficiencies or breaches of the rule of law through economic sanctioning, in order to resolve challenges to the unity of the European union. The Covid-19 pandemic and the crisis it has provoked on many fronts has turned the attention of the Member States (i.e. the Council) away from the long running problematic issues. Consequently, the procedures against Poland and Hungary based on the Rule of Law Mechanism have slowed down or become fully stalled, while certain measures taken up by some European states have created concerns about the limitations of human rights and liberties. This paper, therefore, analyses the efforts the EU is making in protecting the rule of law in its Member States and the candidate countries. It also analyses the new focus of the EU in the financial area where it has started to develop novel mechanisms that would affect one of the most influential EU tools – the funding of member and candidate countries through its structural and enlargement policy. Finally, it attempts to determine and provide conclusions on the efficiency of new instruments with better regulated criteria and timing of activities will be and how much they would affect the EU and its current and future member states.
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Mihai, Ioan cosmin. « STRATEGIC DEVELOPMENTS IN THE FIELD OF CYBERCRIME FOR THE INVESTIGATION OF COMPROMISED ELEARNING SYSTEMS ». Dans eLSE 2017. Carol I National Defence University Publishing House, 2017. http://dx.doi.org/10.12753/2066-026x-17-227.
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The phenomenon of cybercrime is becoming more hostile and confrontational as both individuals and organized criminal groups take advantage of new criminal opportunities from the cyber environment. Many cyber-attacks are used to compromise eLearning systems, to change the student’s grades and results, to steal the information available only for trainers and professors, or to infect all the users that are using the platforms. The role of legislation in preventing and combating the cybercrime phenomenon against eLearning systems is very important. Legal measures are needed in all the fields, including investigative measures, procedural powers, jurisdiction, and international cooperation. In a globalized and connected world, the law consists of a collection of national and international legal systems. Sometimes provisions can contradict each other, resulting to collisions of law, because of the interactions between these legal systems. The main goal of the international law is to obtain harmonization of national laws. In the last decade many significant developments were made for the promulgation of multilateral instruments in the field of cybercrime. This paper analyses the collections of regional and international instruments developed in the context of the Council of Europe or the European Union, tools that can help the investigations of compromised online systems. Legal frameworks for the investigation of cybercrime acts in the field of eLearning require a clear scope of application of the power, in order to guarantee the legal actions. Most of the countries have introduced new investigative powers specially created for obtaining electronic evidence which can be used in cases of compromised eLearning systems.
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Dauster, Manfred. « Criminal Proceedings in Times of Pandemic ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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Macerinskiene, Irena. « INTANGIBLES ASSESSMENT IN EUROPEAN UNION COUNTRIES ». Dans SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b24/s7.050.
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Montvilaite, Kristina. « ASSESSMENT OF FOREIGN DIRECT INVESTMENT CONVERGENCE POSSIBILITIES IN THE COUNTRIES OF THE EUROPEAN UNION ». Dans SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b22/s6.009.
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Klyuchnik, A., et Ye MELNYKOVA. « Legal regulation of soil protection in the European Union ». Dans international scientific-practical conference. MYKOLAYIV NATIONAL AGRARIAN UNIVERSITY, 2024. http://dx.doi.org/10.31521/978-617-7149-78-0-56.
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The study examines the essence of the problem of soil conservation, in particular in the countries of the European Union, which has been considered since 1972, when the European Charter on Soils and other international agreements were approved. In the XXI century the "Thematic Strategy on Soil Protection" was published, which became the basis for the development of the Framework Directive on Soil Protection, the draft law in Brussels and the Soil Protection Strategy (2021) were discussed. Modern European legislative initiatives include various measures aimed at preserving and restoring soil health for future generations.
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Zemguliene, Jolanta. « THE PRODUCTIVITY SPILLOVERS AS THE SOURCE OF ECONOMIC GROWTH � AN EMPIRICAL ANALYSIS WITH EUROPEAN UNION COUNTRIES� DATA ». Dans SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b23/s7.084.
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Kacevska, Inga. « European Small Claims Procedure : Is It So Simplified ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.09.
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The European Small Claims Procedure is an alternative to national similar procedures and intended to simplify and speed up the litigation in the cross-border cases. The Regulation has proven to have a potential in settling small claims’ disputes within European Union. However, the more frequently the Regulation is applied in Member States, the more challenging issues are found, making application of Regulation not as simple as it might appear. This article analyses some of those issues arising from the practical application of the Regulation. Firstly, it is discussed whether the concept contained in Regulation “other claim” may also include a supplementary declaratory claim (not only the claim that can be expressed in money). Secondly, it is further argued that the Regulation should be amended to have a more uniform and autonomous character, as much as possible limiting the reference to the national procedural rules. For instance, in accordance to Regulation, the concept “clearly unfounded” claim shall be determined pursuant to national law. However, in some jurisdictions (i.e., Latvia) such concept is unknown. There is a need for further reform of the Regulation to introduce a new level to facilitate its popularity, effectiveness and uniform application in Member States.
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Yumagulova, E. R., A. A. Norekyan et E. V. Yumadilova. « KEY ASPECTS OF THE NEW FOREST STRATEGY OF THE EUROPEAN UNION AND THE RUSSIAN FEDERATION ». Dans webinar. Nizhnevartovsk State University, 2020. http://dx.doi.org/10.36906/es-2020/05.
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The paper describes problem features of deforestation and solutions in the EU countries and Russian Federation. The effectiveness of the EU policy and law in the field of forestry is supported by the steady growth of forest area for more than 60 years. Forest complex of Russia is in a major crisis now. Wood recourses insecurity of planned export performance of the timber industry complex and internal consumption is the main mistake of the Development Strategy for the Forestry Complex of the Russian Federation until 2030.
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Aleksandrov, Emil. « Benefits of energy efficiency investments in the construction sector ». Dans The 8th International Conference "Management Strategies and Policies in the Contemporary Economy". Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/icspm2023.32.
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The construction sector has in recent years made a particular contribution to the GDP growth of countries, despite global financial uncertainty. Investments in energy efficiency in the construction sector are crucial to achieve the objectives set in the European Union and achieve an optimal transition to a low-carbon, environmentally friendly building stock. Highly efficient buildings are considered to bring significant benefits in a number of aspects. Investments in energy efficiency can be useful for socio-economic, energy, health, etc. Sectors. This report aims to specify the types and summaries the benefits of energy efficiency investments in the construction sector. The applied qualitative approach can support the development of appropriate financing options supporting energy performance in the construction sector, which will be a starting point for overcoming obstacles to energy efficiency improvement procedures.
Rapports d'organisations sur le sujet "Procedure (Law) – European Union countries"
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Luff, David. Addresing the Implementation of Preferential Trade Agreements : The Law and Pratice of the European Union-MJS. Inter-American Development Bank, septembre 2011. http://dx.doi.org/10.18235/0008413.
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Trade agreements imply preferential trade treatment among the parties. As such, they must in principle meet the conditions of Articles XXIV of GATT and V of GATS. This means that an agreement must provide for reciprocal trade benefits for substantially all trade in goods between the parties, and it must have substantial sectoral coverage in relation to services. It can apply to selected countries as opposed to others. Trade preferences are also possible under the Enabling Clause. While in this case reciprocal trade benefits are not required, the preferences must be granted to developing countries only, and no discretionary selection of them is possible otherwise than through objective criteria.
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Ördögh, Tibor. Rule of Law in the Western Balkans. Külügyi és Külgazdasági Intézet, 2021. http://dx.doi.org/10.47683/kkielemzesek.ke-2021.67.
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Rule of law is a much-debated concept today, and it is one of the fundamental pillars of any democratic system. When it comes to the countries of the Western Balkans striving to become members of the European Union, it is important to look at the characteristics they have in this respect, and to what extent they meet the criteria for becoming a member state. Due to their particular way of development, there are different de facto political systems functioning within the region, which is an obstacle that also stands in the way of rule of law. This study presents those aspects of the rule of law that clearly demonstrate falling behind other political systems. An independent judiciary, civil liberties, media pluralism, and corruption are all factors that require reform in the examined countries. It may be wise to try and point out the shortcomings of the system along the lines of these aspects.
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Cvijić, Srdjan, Nikola Dimitrov, Leposava Ognjanoska Stavrovska et Ivana Ranković. Bilateral Disputes and EU enlargement : A Consensual Divorce. Belgrade Centre for Security Policy, mai 2024. http://dx.doi.org/10.55042/xubk6023.
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Bilateral disputes between European Union member states and candidate countries are one of the key obstacles to EU enlargement. They have been plaguing the EU accession process ever since the breakup of Yugoslavia and the subsequent border dispute between EU member Slovenia and candidate country Croatia which then ensued. More recently we have the case of North Macedonia. It became a candidate country in 2005 but ever since, its accession negotiations have been bogged down by endless bilateral disputes. While the case of North Macedonia and its decades long conflicts with Greece and Bulgaria are the most well-known of such cases, they are not the only ones. In a seminal 2018 publication the Balkans in Europe Policy Advisory Group (BIEPAG) outlined the most prominent “open” or “latent” disputes between EU member states and candidate countries in the Western Balkans. Ranging from border to territorial disputes, or ones concerning the status of national minorities, four out of five candidate countries in the region – Albania, Bosnia and Herzegovina, North Macedonia or Serbia, has a bilateral dispute with one or more EU member states. If you look at new candidates Ukraine and Moldova and potential candidate Georgia however, the list of active or potential bilateral disputes is even longer. Even when a candidate country meets the criteria to progress in EU accession talks, bilateral disputes can delay it for years or even decades as in the case of North Macedonia. In this way such disputes present a serious challenge to the credibility of the EU enlargement process. In the context of the war in Ukraine, as we have seen with regard to the policies of Viktor Orbán’s Hungary towards Ukraine, invoking bilateral disputes can seriously challenge the geopolitical orientation and the security of the entire Union. On the legal side, since most of these issues fall outside the scope of the EU law and are not covered by the accession criteria, there is a need to think of an institutional mechanism to deal with bilateral disputes. Enlargement policy does not offer an appropriate platform for settlement of bilateral disputes, especially for those that fall outside the EU law. Hence, these issues should be addressed via the international legal dispute resolution toolbox and thus be subjects of separate processes. The EU’s role however cannot be passive. It should invest efforts in these processes in order for them to be mutually reinforcing and so that the accession process has a mollifying rather than tension amplifying effect on the issue. In its policy brief, published at the end of 2023, the European Council on Foreign Relations (ECFR) proposed updating the Copenhagen criteria such that they should include a stipulation to resolve bilateral issues between member states and candidate countries through external dispute resolution mechanisms: Territorial disputes should be referred to arbitration or the International Court of Justice, while those on minority rights should be dealt with by the European Court of Human Rights and other appropriate dispute settlement mechanisms. In this policy brief we suggest ways how to operationalise this proposal. First, we describe different types of vertical bilateral disputes (the ones that include asymmetrical relations) between EU members and Western Balkan candidate countries, then we outline international mechanisms to resolve them, and finally we propose an institutional architecture to remove bilateral disputes that fall outside of the scope of the Copenhagen criteria and the EU acquis from the purview of EU accession talks.
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Murphy, Keire, et Anne Sheridan. Annual report on migration and asylum 2022 : Ireland. ESRI, novembre 2023. http://dx.doi.org/10.26504/sustat124.
Texte intégralRésumé :
Annual Report on Migration and Asylum gives overview of statistics and developments in migration in 2022. The European Migration Network (EMN) Ireland within the ESRI has published its annual review of migration and asylum in Ireland. The EMN is an EU network that provides objective, comparable policy-relevant information on migration and international protection. EMN Ireland is located in the ESRI and is funded by the European Union and the Department of Justice. With an overview of the latest data as well as policy and operational developments, research, and case law from 2022, this report is a comprehensive reference that gives an opportunity to view the entire migration landscape in Ireland. The report shows that many forms of migration are recovering quickly from COVID-19 travel restrictions. It also shows that migration is being impacted by shortages in the labour market and the Russian invasion of Ukraine. As a result of these developments and others, Ireland saw a significant increase in immigration, with 141,600 people arriving in the year leading up to April 2023, according to CSO figures. This represents a 31% increase from the year to April 2022. However, emigration also increased, with 64,000 individuals leaving Ireland during the same period, marking a 14% increase from the previous year. 2022 saw a significant increase in first residence permits (which are granted to migrants from outside the EEA) from 2021. 85,793 permits were issued in 2022, with education the most common reason for permits (48%). Partially reflecting changes to eligible occupations for employment permits, the number of employment permits issued was the highest in the last 10 years. 39,995 employment permits were issued, with the information and communication sector the largest recipient of permits. Key developments in this area highlighted by the report include discussions on and progress with the Employment Permits Bill, changes to the Atypical Working Scheme, plans for a single application procedure for employment permits and immigration permissions, and changes to employment permits occupation lists to respond to labour market shortages. The report analyses international protection, showing significant increases in international protection applications as well as details of applications, decisions made, and statuses awarded. It shows an expansion of decision-making in response to increased applications. Looking at the broader EU situation, the report shows that applications for international protection in Ireland accounted for 1.3% of the EU total in 2022. The report also details the pressure on the reception and accommodation system for international protection applicants and beneficiaries of temporary protection, as well as the extraordinary measures taken to scale these up. It highlights measures taken to implement the White Paper to End Direct Provision and informs on a review of timelines of the plan. It discusses changes made by the International Protection Office to speed up processing, and criticism of these measures by NGOs, as well as details of the regularisation scheme for undocumented migrants and the humanitarian admission of Afghans. The Temporary Protection Directive – an EU Directive that creates an exceptional measure to provide immediate and temporary protection in the event of a mass influx of displaced persons – was triggered for the first time in March 2022, following the Russian invasion of Ukraine. As a result, the report includes a dedicated chapter with statistics relating to arrivals and a detailed overview of Ireland’s response to displaced persons from Ukraine. It also gives a comprehensive overview of other areas of migration, as well as research and case law from 2022, providing a crucial reference text for anyone working in the area.