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1
Varga, András. « Rule of law in the 21st century ». Bratislava Law Review 3, no 1 (30 juin 2019) : 163–69. http://dx.doi.org/10.46282/blr.2019.3.1.141.
Texte intégralRésumé :
Rule of law is one of the core principles of constitutions and also the essential value of the European Union. Still, rule of law does not have a unanimous understanding either in the academic sphere or in the jurisprudence of the countries. The paper explains some theories on rule of law, then it considers how the doctrine prevails in the praxis of the Venice Commission and in the wording of the Treaty on the European Union. The paper concludes that interpretation of international fora involves the meaning of rule of law in a national level, even though the base of interpretation is unclear.
2
Galella, Patricio. « The No Drawback Rule in EU Preferential Agreements ». Global Trade and Customs Journal 18, Issue 1 (1 janvier 2023) : 31–36. http://dx.doi.org/10.54648/gtcj2023003.
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Drawback is a tool available to countries to promote their exports but also a measure that harms trade liberalization. This article argues that the no drawback rule in European Union preferential agreements does not apply when the exemption or reduction of duties derives from an EUR.1 or an origin declaration in application of that agreement. On the other hand, this reasoning cannot always be extended when the exemption of duties derives from the application of an inward processing regime. Therefore, an operator in the European Union will find more convenient and smoother to establish trade relations with operators located in countries with which the European Union has concluded preferential trade agreements. no drawback, origin, inward processing regime, preferential treatment, Approved Exporter, EUR.1
3
Saliceti, Alessandro Ianniello. « The Protection of EU Citizens Abroad : Accountability, Rule of Law, Role of Consular and Diplomatic Services ». European Public Law 17, Issue 1 (1 mars 2011) : 91–109. http://dx.doi.org/10.54648/euro2011008.
Texte intégralRésumé :
The concept of protection of distressed citizens abroad was born inside the mainstream of theories on ‘Law of Nations’ in the seventeen and eighteen centuries. For a long time, this concept has been based on the strict relation between State and ‘its’ subjects. Since 1992, the new legal order of European Union (EU) law has given zest to the novel concept of protection of European citizens abroad, so that any EU country can intervene to protect unrepresented Europeans in third countries. Rule of law and Member State accountability are two basic milestones in EU law and well-settled case law of the EU Court of Justice, so that the traditional theories on State immunity and on discretionary power of consular and diplomatic agents cannot reasonably be maintained. The present study will conduct an in-depth analysis on Article 23 of the Treaty on the Functioning of the European Union (TFEU), where the basic provision on protection of Europeans abroad is enshrined.
4
Kovačikova, Hana. « Western Balkans Regional Common Market : What lesson can be taught from EEA ? : A case study of public procurement ». Strani pravni zivot, no 4 (2020) : 133–45. http://dx.doi.org/10.5937/spz64-29635.
Texte intégralRésumé :
The European Union pursues on the international scene to safeguards its values, support the rule of law, foster the sustainable economic, social and environmental development and support the integration of all countries into the world economy including through the progressive abolition of barriers on international trade. Trade agreements are used as an effective tool to this end. Within its present external action, European Union tries to cover its trade relations regionally homogenously. Through regionally homogenous trade agreements, Union can export its values, principles, and rules easier, which is also a way of strengthening its position geopolitically. This paper analyses trade agreements concluded between the European Union and candidate countries from Western Balkans. All these agreements recognise the accession to the European Union as their final goal. To achieve it, candidate countries need to fulfil various conditions, including the approximation and harmonisation of their legal orders with the EU acquis. Just recently (in November 2020), Western Balkans countries' leaders announced the creation of Regional Common Market which shall serve as a tool for approximation with European Union's Internal Market Rules. To this regard, author analysed the European Economic Area, where the export of European Union's Internal Market Rules was successfully realised, and which might therefore serve as an example for pre-accession cooperation between Western Balkans countries and European Union. Author chose the area of public procurement as a model case study.
5
Rodríguez-Gulías, María Jesús, Vítor Manuel de Sousa Gabriel et David Rodeiro-Pazos. « Effects of governance on entrepreneurship : European Union vs non-European Union ». Competitiveness Review : An International Business Journal 28, no 1 (15 janvier 2018) : 43–57. http://dx.doi.org/10.1108/cr-06-2016-0035.
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Purpose The purpose of this paper is to analyse the effect of six governance indicators on the rate of creation of new companies between countries that are members of the European Union (EU) and those that are not. H1 states that the various dimensions of governance help to explain the immediate creation of new businesses in European and non-European countries. H2 states that the various dimensions of governance help to explain the deferred creation of new businesses in European and non-European countries. Design/methodology/approach The paper uses two types of analyses: firstly, univariate analysis, which is a descriptive statistics of the dependent, independent and control variables, and the results of a t-test; and secondly, multivariate analysis, which estimates using the fixed-effects estimator under the specifications previously raised for the subsample of 28 EU countries and for the subsample of 103 non-EU countries during the period 2004-2014. Findings The results show that the variables of governance are not significantly higher in the EU, although the density of the enterprises is. Within the governance indicators, government effectiveness is significant in the EU. The results obtained for the EU confirmed H1and H2, with a significant positive effect of government effectiveness on entrepreneurship, while the other governance variables were not significant in the EU subsample. The results obtained for non-EU countries suggest no significant immediate effects (H1) and a slightly significant delayed effect of rule of law on the entrepreneurship (H2) concerned. Research limitations/implications Future research in this area could consider introducing another regional division or other types of methodology as variables affect models. Practical implications Governance can be defined as the ability of a government and its public institutions to provide services and design, and implement rules, which is a factor that affects the creation of new companies. However, the effect of governance could differ depending on the country and its economic environment. This paper analyses the effect of six governance indicators on the rate of creation of new companies considering two different geographic regions as countries are presumably heterogeneous. Therefore, these results indicate that the effect of governance variables on entrepreneurship differs according to the region. Social implications The effect of governance variables on entrepreneurship according to the region is also known. Originality/value This study applied panel data analysis to two samples of countries during the period 2004-2014, one formed by 28 countries of the EU and the other by 103 non-EU countries. No other paper considers this number of countries for this period. To assess the impact of governance on the creation of new companies, this paper considered the existence of immediate and deferred effects of governance on entrepreneurship.
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Okuyucu-Ergün, Güne. « Anti-Corruption Legislation In Turkish Law ». German Law Journal 8, no 9 (1 septembre 2007) : 903–14. http://dx.doi.org/10.1017/s2071832200006040.
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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.
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Safjan, Marek. « Domestic Infringements of the Rule of Law as a European Union Problem ». osteuropa recht 64, no 4 (2018) : 552–60. http://dx.doi.org/10.5771/0030-6444-2018-4-552.
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In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse of the communist system. From that perspective, there is little place for the principle of separation of powers and the independence of the judiciary is threatened. This contribution discusses the multilevel dimension of the rule of law principle in the EU, issues in the context of the disrespect for the rule of law as a case of systemic deficiencies, followed by a brief discussion of the Copenhagen accession criteria. The article concludes that the rule of law principle as recognised under EU law is by no means of a merely symbolic nature, and that domestic legislation abolishing key safeguards of the rule of law can be scrutinized not only under the EU Charter of fundamental rights, where applicable, but also under the TEU. Without the solidarity of all Europeans, however, the preservation of our basic values and the future of the EU are in serious danger.
8
Mokrá, Lucia. « European Union’s Value-Based Approach to Sustainability of Accession Process ». Slovak Yearbook of European Union Law 2 (31 décembre 2022) : 75–82. http://dx.doi.org/10.54869/syeul.2022.2.334.
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The Union cornerstones are respect for the rule of law and the fundamental rights on which it is founded - as stipulated in Article 2 of the Treaty on European Union. EU law is supreme to national law and has direct effect, as evidence of the significance of mutual trust among its member states and their respective legal systems. The EU promotes a broad and substantive understanding of the rule of law whereby this concept is viewed as intertwined with and mutually reinforcing of the principles of democracy and respect for human rights, all of which underpin political stability and sustained economic and social development. The EU Charter of Fundamental Rights is binding on European institutions’ internal and external policies when implementing EU law: it includes a legal obligation to ensure that all EU actions promote and respect human rights and fundamental freedoms, including external policies. Mirroring its internal policies, the EU seeks to prevent violations of human rights and related rule of law throughout the world. This paper analyses the EU’s approach to supporting rule of law reforms and human rights protection in candidate countries base on analysis of particular agreements. It first situates European fundamental values to demonstrate how values are embedded in the association agreement and then focus on the assessment of the goals which aimed to be achieved. The paper also examines EU tools applicable in concrete cases. We argue that the EU has consistently putting the rule of law and human rights at the centre of its action and contribute to more effective protection of these values in candidate countries.
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Veebel, Viljar, et Raul Markus. « European Normative Power During Ukrainian-Russian Conflict ». Baltic Journal of Law & ; Politics 11, no 1 (1 juin 2018) : 1–20. http://dx.doi.org/10.2478/bjlp-2018-0001.
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Abstract During last two decades the European Union as “normative power Europe” has been associated with the export of certain universal norms, rules and practices to the other countries. Rule of law, democracy, strong commitment to human rights and fundamental freedoms, and social justice — these principles form the core of the identity of the European Union. Relying on shared political, economic and cultural ties among member states, the EU has sought to promote these norms also in the neighbouring countries, including Russia. However, the outbreak of the violent conflict between Russia and Ukraine at the end of 2013 clearly demonstrates that the EU has failed in its efforts in Russia despite extensive mutual relations and comprehensive financial support provided by the EU. The aim of the current article is to analyse how consistent the EU has been in defending and promoting European values and norms in the international arena and with Russia during the Ukrainian-Russian conflict.
10
Julesz, Máté. « Aktív eutanázia Kolumbiában és asszisztált öngyilkosság Kaliforniában ». Orvosi Hetilap 157, no 5 (janvier 2016) : 174–79. http://dx.doi.org/10.1556/650.2016.30358.
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The institution of active euthanasia has been legal in Colombia since 2015. In California, the regulation on physician-assisted suicide will come into effect on January 1, 2016. The legal institution of active euthanasia is not accepted under the law of the United States of America, however, physician-assisted suicide is accepted in an increasing number of member states. The related regulation in Oregon is imitated in other member states. In South America, Colombia is not the first country to legalize active euthanasia: active euthanasia has been legal in Uruguay since 1932. The North American legal tradition markedly differs from the South American one and both are incompatible with the Central European rule of law. In Hungary and in most European Union countries, solely the passive form of euthanasia is legal. In the Benelux countries, the active form of euthanasia is legal because the supranational law of the European Union does not prohibit it. Notwithstanding, European Union law does not prescribe legalization of either the active form of euthanasia, or the physician-assisted suicide. Orv. Hetil., 2016, 157(5), 174–179.
11
Mazepa, Svitlana, et Fryderyk Zoll. « ELI Principles for the COVID-19 crisis ». Pravovedenie 64, no 3 (2020) : 400–417. http://dx.doi.org/10.21638/spbu25.2020.305.
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In connection with the COVID-19 pandemic, restrictions were introduced in many countries based on the priority of public interests over personal freedom, national relations over international relations. The article draws attention to the difficulties that states have begun to experience in connection with the outbreak of the COVID-19 pandemic. In addition to the significant damage to the economy, the process of centralization of power and the suppression of the rule of law has increased. Isolation has had a significant impact on the functioning of European and national institutions. The European Law Institute has developed a special instrument that could become a kind of instruction or guide to action for states in a crisis in order to preserve democracy, the rule of law, as well as justice in human relations. This document is based on the demonstration of the need to comply with the fundamental principles required by the rule of law. The authors of the article are members of the European Law Institute, an international organization of legal practitioners and scholars. The main goal of the organization is to provide a common platform for all European countries to develop a legal culture. The article provides an analysis of all 15 principles of the European Law Institute, which are intended not only for member states of the European Union, but also for other democratic rule-of-law states. Human rights have become the main targets of the pandemic. According to the authors, this article should arouse the interest of scholars to discuss the principles of the European Law Institute, which are designed to remind people about the observance of the rule of law in a crisis.
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Movchan, Roman, Andrii Vozniuk, Maria Burak, Vitalii Areshonkov et Dmitriy Kamensky. « Criminal law counteraction to land pollution in the EU countries : searching for the optimal model ». Revista Amazonia Investiga 10, no 42 (30 juillet 2021) : 15–23. http://dx.doi.org/10.34069/ai/2021.42.06.2.
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The main goal of the article is to study both advantages and disadvantages of the approaches of the European Union (EU) states to criminal law prevention of land pollution. As a result of this an optimal legislative model should be developed to protect this element of the environment from criminal encroachment, which can be further used by the EU states in improving existing or creating new rules aimed at criminal law protection of land resources from pollution or the creation of new rules aimed at criminal law protection of land resources from pollution. The following research methods have been used to study criminal law provisions of the selected countries, to prove the stated hypotheses and to formulate conclusions: comparative law, system analysis, formal-logical, dialectical and modeling method. As a result of the study of various models of criminal law protection of land resources embodied in the legislation of nineteen European Union states, it has been proved that: 1) such protection should be carried out by a single universal rule on criminal liability for pollution not only of land but also of other components of the environment (water, air, forest); 2) only such land pollution shall be considered criminal, which has led to real (non-potential) damage to the environment, human health or property damage; 3) liability for land pollution should be differentiated depending on: a) weather guilty person’s act was intentional or negligent; b) what the consequences of land pollution have been.
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Křepelka, Filip. « Dominance of English in the European Union and in European Law ». Studies in Logic, Grammar and Rhetoric 38, no 1 (1 septembre 2014) : 137–50. http://dx.doi.org/10.2478/slgr-2014-0036.
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Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.
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Гайнетдинова, Александра Борисовна, Татьяна Константиновна Демидова et Елена Олеговна Тулупова. « THE HISTORY OF MUSLIM MIGRATION TO EUROPE ». Bulletin of the Institute of Law of the Bashkir State University 4, no 3 (1 novembre 2021) : 72–77. http://dx.doi.org/10.33184/vest-law-bsu-2021.11.9.
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At present, the issue of migration to the European Union is very acute, despite many attempts of the under question countries’ leaders to stabilize the situation. On the one hand, European Union authorities are unable to cope with a massive human flow, and on the other hand, local population’ discontent with Europe’s Islamization is mounting. It is obvious that the migrants who have arrived in European countries are reluctant to learn the native language, do not accept the culture, do not accept the rules of conduct in European society, and sometimes dictate their own conditions. It undoubtedly disturbs European society.
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Di Gregorio, Angela. « Constitutional Courts and the Rule of Law in the New EU Member States ». Review of Central and East European Law 44, no 2 (11 juin 2019) : 202–31. http://dx.doi.org/10.1163/15730352-04402004.
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This paper analyses the use of the rule-of-law principle in the jurisprudence of the constitutional courts of the new Member States of the European Union. The purpose is to discover whether past or recent decisions could clarify the use of the principle in these countries. An example is the legalistic concept of the rule of law as expressed by the Hungarian and Polish constitutional courts in examining the constitutionality of lustration laws. On the other hand, some constitutional courts (such as the Czech one) have used a wider and more sophisticated application of the rule of law. Considering the severe rule-of-law crisis which has been taking place in Hungary and Poland in recent years, this recognition is particularly important in order to avoid cumulative judgments that could devalue the former communist countries in general, trivializing the harsh path of democratic conditionality with its strengths and weaknesses.
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Aramayo, Silvia Velarde. « A Common GAAR to Protect the Harmonized Corporate Tax Base : More Chaos in the Labyrinth ». EC Tax Review 25, Issue 1 (1 février 2016) : 4–17. http://dx.doi.org/10.54648/ecta2016002.
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The analysis of the general anti-avoidance tax rule in five countries of the European Union (United Kingdom, Austria, Germany, Sweden and France) shows clearly the frailty and weakness of the theoretical and jurisprudential constructions designed to fight this international problem. The research also displays a high degree of judicial discretionary, a worrying level of legal uncertainty – as a result of the introduction of tax rules linked to vague and imprecise concepts – and an inefficiency in the revenue collection unacceptable. Furthermore, the article analyses the structure and function of the common general anti-avoidance rule (EU-GAAR) approved by the European Parliament, its scope and the problems that it’s possible interaction with another anti-avoidance rules (introduced by the domestic law, community law and conventional law) could generate. The author considers that the labyrinth which derives from the principle of non-discrimination on which the ECJ is trapped is also the labyrinth on which is trapped the cross-border application of the Member States GAAR’s and SAAR’s. The adoption of an EU-GAAR not solves the problem and only increases the chaotic juxtaposition of ineffective anti-avoidance rules.
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Timofeyeva, Liliya. « EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME ». European Historical Studies, no 21 (2022) : 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Hamzaoui, Djaouida. « European Neighborhood Policy ». Contemporary Arab Affairs 13, no 1 (1 mars 2020) : 105–22. http://dx.doi.org/10.1525/caa.2020.13.1.105.
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In 2004, the European Union proposed a project entitled the European Neighborhood Policy as a new strategic option. The project had been adopted by the European Council one year earlier in a proposal to the concerned states. The European Neighborhood Policy proposes the development of the scope of cooperation between the European Union and the southwestern Mediterranean countries through several political, economic, social, and cultural fields. Yet, the sphere of security is set at the top of its priorities. It is based on the principles of human rights, democracy, and the rule of law, as well as on establishing security and stability between the countries on the two shores of the Mediterranean neighboring Europe. This would be based on a common framework and a larger volume of mutual cooperation that is embodied in a genuine partnership that would confront common challenges. The study explores and provides an answer to the following question: To what extent can the European Neighborhood Policy be considered a representation of regionalism and the embodiment of a genuine European desire through which it would be able to build a “security group” in the Mediterranean basin?
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Medović, Vladimir. « Stabilization and association treaties in the law of the European Union ». Glasnik Advokatske komore Vojvodine 76, no 9 (2004) : 3–10. http://dx.doi.org/10.5937/gakv0402003m.
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The European Communities did not cease to exist after the foundation of the European Union by the Treaty of Mastricht in 1992. In fact, they act as pillars on which the European Union stands, together with the Police and Judicial Cooperation in Criminal Matters and Common Foreign and Security Policy. The European Union does not have the status of a legal entity or a capacity to enter into treaties with third countries or international organization. In both foreign and domestic proceedings it relies upon the institutions and instruments of the European Communities. The European Communities are autonomous in relation to the European Union and act in accordance with the rules contained in the foundation Treaties, which, however, make a constituent part of the Treaty on European Union. The foundation Treaties of the European Communities provide for a possibility for the Communities to enter into international treaties with third countries or international organizations. Stabilization and Association Treaties belong to the category of Association Treaties defined in Article 310 of the Treaty on European Union. Considering that these treaties regulate certain fields which belong to competence of the member states, the member states are usually parties to these treaties along with the European Communities. International treaties entered into between the European Communities and third countries are binding upon the Community institutions and upon member states. International treaties entered in this way are considered a part of Community law. Member states are bound to recognize such effects to these treaties as are provided in the Community law itself.
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Firmansyah, Firmansyah, et Ali Muhammad. « The Obstacles of Serbia in Obtaining the European Union Membership Status ». POLITEA 3, no 2 (16 novembre 2020) : 205. http://dx.doi.org/10.21043/politea.v3i2.8875.
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<p>The European Union (EU) is an intergovernmental and supranational organization enlarging its membership since its formation. Due to the benefits, neighboring European countries are volunteering to join the EU. One of the EU candidate member countries is Serbia. In the process of gaining the status of EU candidate country, Serbia has faced many challenges and yet to fulfill the Copenhagen criteria as the conditions of membership by transforming and strengthening democracy. In the economic field, it is struggling to develop free markets and the rule of law. Serbia has collaborated with the International Criminal Tribunal for the Former Yugoslavia (ICTY) to process the war criminals in the past. Serbia succeeded in obtaining the status of candidate membership of the EU on March 1, 2012, which then became its new chapter. </p>
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Bobek, Michal, et David Kosař. « Global Solutions, Local Damages : A Critical Study in Judicial Councils in Central and Eastern Europe ». German Law Journal 15, no 7 (1 décembre 2014) : 1257–92. http://dx.doi.org/10.1017/s2071832200019362.
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Judicial independence appears on most laundry lists of all bodies or institutions engaged with the rule of law. It is considered an unqualified public good. As a result, all major players engaged in legal reform and building a rule of law have diverted significant resources to this issue. For instance, the United Nations created the office of Special Rapporteur on the Independence of Judges and Lawyers in 1994. The World Bank has been investing heavily in judicial reforms in Latin America and Asia. In Europe, the Council of Europe has been pushing for judicial independence and judicial reform throughout the continent. Additionally, the European Union included judicial independence among its core requirements for the accession countries. Both organizations, the European Union and the Council of Europe, then jointly encouraged legal and judicial reforms in Central and Eastern Europe (CEE). A number of non-governmental organizations have likewise paid considerable attention to this issue.
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Kéïta, Kouramoudou, et Hannu Laurila. « Do Business Booms Trigger Corruption ? » European Integration Studies 1, no 15 (16 septembre 2021) : 195–208. http://dx.doi.org/10.5755/j01.eis.1.15.29160.
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In the literature, the nexus between economic growth and corruption is well covered, but there are only few studies on cyclical variations of corruption. For example, Galbraith (1997) claims that embezzlement flourishes in business booms and withers in recessions, and Gokcekus and Suzuki (2011) support the claim by finding a positive correlation between transitory income and corruption. This paper retests the argument and produces conflicting results. It is found that corruption shrinks as transitory income increases meaning that economic booms foster integrity rather than corruption. Moreover, the negative correlation is strong in high-income countries and in those with sound rule of law which points to developed countries, whereas the effect remains relatively weak in countries with low income or poor rule of law which points to developing countries. The finding is relevant also from the perspective of the European Union.
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Mendelski, Martin. « The eu’s Pathological Power : The Failure of External Rule of Law Promotion in South Eastern Europe ». Southeastern Europe 39, no 3 (22 décembre 2015) : 318–46. http://dx.doi.org/10.1163/18763332-03903003.
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What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.
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Kuvaldin, Stanislav. « The Values of the EU and their Protection in the European Law ». Contemporary Europe 100, no 7 (31 décembre 2020) : 37–45. http://dx.doi.org/10.15211/soveurope720203745.
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Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.
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Kuçi, Hajredin. « International Legal Cooperation between Kosovo and Other States and Organizations ». Review of Central and East European Law 43, no 3 (13 août 2018) : 314–30. http://dx.doi.org/10.1163/15730352-04303004.
Texte intégralRésumé :
Building a rule-of-law-based democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and also one of the membership criteria required by international organizations, in particular the European Union. As such, an aspiring country like Kosovo has to face the challenge of building a legal system that is compatible with that of the European Union member states while also developing its legal cooperation with other countries. Through international legal cooperation, countries strengthen the fight against criminal actions that are punishable in all modern states and also exchange experience in combating cross-border crime, trafficking, corruption, terrorism, and other violations of criminal law. In this regard, Kosovo faces many challenges in the field of international legal cooperation, not only with regard to those missions operating in Kosovo itself (such as EULEX, UNMIK, etc.), but also with other international organizations, especially due to Kosovo’s lack of membership in them. Another challenge is cooperation with countries that have not yet recognized Kosovo as a state. This article emphasizes the efforts made by Kosovo’s institutions to engage in international legal cooperation as one of the prerequisites for building the rule of law at home. The main issues tackled in the article are how these problems are addressed in practice, which obstacles arise, what the ad hoc means are of engaging in international legal cooperation, and what the specificities and prospects are for Kosovo’s international legal cooperation. As such, the aim of the article is to examine some of the legal peculiarities and uncertainties that have been created over the years as the result of limitations on Kosovo’s international personality and to consider innovative means to ensure Kosovo’s legal cooperation with other countries.
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Napierała, Jacek. « Impact of European law on Polish company law ». Pravovedenie 65, no 2 (2021) : 155–65. http://dx.doi.org/10.21638/spbu25.2021.202.
Texte intégralRésumé :
Since Poland’s accession to the European Union, European law has become part of the legal system in force in Poland. Treaties and regulations are directly applicable, whereas directives and recommendations require implementation into Polish law. Polish courts are obliged to apply and interpret European company law and to interpret Polish company law in such a way that it complies with European law. If in doubt as to the interpretation of European company law, the courts may — and in some cases must — refer a question to the Court of Justice of the European Union for a preliminary ruling. The judgment of the Court is binding on the courts of all Member States. Polish companies may conduct business activity in another Member State and foreign companies may conduct business activity in Poland. Companies of the Member States may conduct their business activities by establishing companies under the provisions of European law, e. g., Societas Europaea. Societas Europaea (SE) is a European public limited company whose capital is divided into shares. The European company is a cross-border company that can operate in the EU countries alongside national public limited companies. The autonomous status of an SE in relation to domestic public limited-liability companies is determined by two circumstances: first, the SE’s personal statute (lex societatis), legal capacity and other elements of the SE’s legal status are determined by the regulation either directly or by indicating the ways to fill in the gaps in the regulation; second, the content of the regulation, which contains specific rules for the creation and operation of the SE, distinguishes it from national public limited-liability companies. European law also influences the legal situation of Russian citizens and companies who are partners (shareholders) of a company registered in a Member State.
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Entin, Mark L., Ekaterina G. Entina et Vadim V. Voynikov. « NEW PRINCIPLES OF RESOURCE DISTRIBUTION IN THE EU AND THEIR IMPACT ON THE COUNTRIES OF THE BALTIC REGION ». Baltic Region 14, no 1 (2022) : 122–37. http://dx.doi.org/10.5922/2079-8555-2022-1-8.
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The Multiannual Financial Framework for 2021—2027 was adopted during the severe crisis caused by the ongoing coronavirus pandemic. In the face of a rapidly deteriorating economic situation, EU countries took unprecedented steps radically changing the principles of resource allocation in the Union. These included the recovery plan for Europe, making the EU budget conditional on respect for the rule of law and the new EU resources system. This article seeks to identify the essential characteristics of the decisions made within the Multiannual Financial Framework and define their significance for advancing integration. The study attempts to answer two questions: do these decisions mark the transition to a new stage of integration and to what extent do they comply with the law of the Union. Several EU initiatives related to debt redistribution are analysed, along with the impact of these initiatives on Eastern European countries, particularly those of the Baltic Sea region. The research explores the decisions from the standpoint of legal and political science. In particular, it is stressed that, when reaching a compromise on making the budget conditional on respect for the rule of law, the EU and its member states had to use a mechanism for postponing the execution of an act of the Union, which contradicts the basic principles of EU law. From a political point of view, the adoption of a package of legislative acts within the Multiannual Financial Framework means growing dependence of the member states and an increase in solidarity and loyalty within the Union.
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Vargas-Brand, Isué Natalia. « Uniform Rules for European Contract Law ? A Critical Assessment ». European Review of Private Law 24, Issue 6 (1 décembre 2016) : 1245–50. http://dx.doi.org/10.54648/erpl2016072.
Texte intégralRésumé :
The international conference ‘Uniform rules for European Contract Law? A critical assessment’ was organized by the IE University and IE Center for European Studies under the direction of Prof. Francisco de Elizalde on 23 and 24 June 2016. A group of leading academics in this field ‒ coming from different countries and legal cultures ‒ attended a conference in Segovia (Spain), on the occasion of the 30 anniversary of Spain’s incorporation into the European Economic Community (EEC)/European Union (EU), to discuss and analysed the current need for uniform rules in European Contract Law.
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Brkic, Luka. « European Union : From social integration to social state ». Medjunarodni problemi 56, no 4 (2004) : 447–64. http://dx.doi.org/10.2298/medjp0404447b.
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This paper analyzes recent free trade arrangements from a positive political economy perspective. In contrast to most other literature, which fails to take into account geographical factors, it is argued here that proximity and transportation costs play an important role in trade arrangements. Another important also largely neglected factor is the degree of social cohesion in terms of labor standards among potential trading partners. Accepting social integration might also be a condition for admitting those countries to the agreement. Changes of trade policy over time can therefore be explained by changes in the relative political influence of the sectors considered. The other important factors are, of course, a change in the degree of retaliation, leading to lower tariffs under higher retaliation, and a leveling of social standards. Redistribution across countries could also considerably change the optimal rate of tariff. The EU with its regional cohesion funds might be a good example of how those are used as a side-payment for diminishing the social divergence in the member countries. Countries with higher standards should only be willing to integrate when others raise their social standards as well. The negotiations about the social protocol in the EU indicate that this is in fact the case. More than 40 years of European integration have led to an habituation of thinking of the European Community as something ideologically neutral, which transcends normal political debate. European issues, it seems, do not fit the structure of the usual right-left ideological controversy. The only open fault-line in European politics is between advocates of "more" and those of "less" integration. The paper explores the potential cognitive and political gains of a change of perspective. It argues that the issue of more or less integration is often not interesting in itself but only to the degree that it influences the content of policies. It further shows that the policies at stake are normally such, that they can be usefully debated in the right-left framework. The decision about the site of policy control - national or European - is often only the guise in which a decision about the redrawing of the boundary between market and state, between the sphere of competitive allocation and the sphere of political coordination, materializes. This paper aimed at stressing the fundamental differences between conventional and contractarian constitutional orders. To achieve it, we have used the concept of common knowledge and have related it to its political philosophy background, especially with regard to communication and induction. The former generates a spontaneous social order - it is an evolutionist view that belongs to the Hume - Menger - Hayek tradition. The latter produces a contractarian vision shared by the Brennan-Buchanan-Tullock tradition. We consider here a basic distinction between institutions and conventions. An institution is considered as a formal, explicit rule, while a convention appears to be a tacit, implicit agreement. The former can be associated with contractarian constitutionalism, whereas the latter is related to evolutionism. In this context, institutions should not be understood as formalized conventions (such as law in Hayek). They are rather the expression of a voluntary and deliberate agreement, of a covenant. The application describes features relevant to the development of a European constitution and the corresponding unified legal system. It requires a clear vision of what a European "state" is meant to be or become. Then, once a constitutional setting is chosen, one must address the question of legal organization, in particular the nature of administrative law. Two different acceptation of law are thus associated with the two concepts of convention and contractarian institution. The former can be regarded as customary rule a kind of common knowledge that emerges from tradition and sympathy. By contrast, the latter is the place of explicitly created common knowledge. If it is to become more integrated, Europe will have to tackle this constitutional question, either in an evolutionary or in a contractarian way.
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Grącik-Zajączkowski, Małgorzata. « Intra-Regional Cooperation in Eastern Dimension of the European Neighborhood Policy : Challenges and Opportunities ». Reality of Politics 7, no 1 (31 mars 2016) : 26–39. http://dx.doi.org/10.15804/rop201602.
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The Eastern Partnership was established by the EU in 2009 as a new institutional framework for building cooperation between the EU and six countries from Eastern Europe and Southern Caucasus (i.e Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova and Ukraine) as well as between the partner-countries themselves. The initiative was based on commitment to fundamental values such as democracy, the rule of law, respect for human rights, market economy rules, sustainable development and good governance. The idea of how to treat the countries left after the downfall of the Soviet Union was one of the biggest challenge for the EU’s foreign policy. After the admission of Central European Countries to the EU in 2004 and 2007 the Union decided to launch a program which would provide the Eastern neighbors with an alternative to membership a set of incentives for engaging in economic, social and political reforms. The EU decided to promote regional cooperation under the Eastern Partnership instead of bringing the countries closer to the accession formula. The aim of the paper is to present and analyze the problem of cooperation between the Eastern partners. Major question is whether the initiative has contributed to enhancing of cooperation among the partners and if it has what tangible progress has it brought to the benefit of the whole European Neighborhood Policy.
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Luongo, Norberto E. « Persons with Disabilities and Their Right to Fly ». Air and Space Law 34, Issue 3 (1 juin 2009) : 149–75. http://dx.doi.org/10.54648/aila2009016.
Texte intégralRésumé :
At the beginning of 2008, a landmark ruling was issued by the Canadian Transportation Agency (CTA); the decision ordered some carriers to adopt a ‘one-person-one fare’ policy for persons with severe disabilities who travel within Canada by air. The rule provided the airlines a one-year period for the implementation of the new policy. This decision was unsuccessfully challenged before a Canadian Federal Court and the Supreme Court of Canada. Hence, the rule became effective as of 10 January 2009. This article analyzes this decision and the legislation in force in the European Union and the United States addressing the rights of air passengers with disabilities. It also includes a brief commentary on the pertaining rules contained in Annex 9 of the Chicago Convention, and the most relevant and recent jurisprudential developments in this matter are summarized. In addition, the possibility of adoption of a similar regulation in other countries and some nuances derived from the construction and implementation of the Canadian regulation are presented.
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Veselinov, Jelena. « Endowments in European law : Current state and perspectives ». Glasnik Advokatske komore Vojvodine 93, no 3 (2021) : 700–733. http://dx.doi.org/10.5937/gakv93-28640.
Texte intégralRésumé :
Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.
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Staszczyk, Artur. « Position of European Parliament in Relation to the Association Process of the South Caucasus Countries with the EU ». Reality of Politics 4, no 1 (31 janvier 2013) : 208–21. http://dx.doi.org/10.15804/rop201313.
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This article analyses the position of European Parliament (EP) in the question of the lasting from 2010 association process of the South Caucasus countries with the EU. The process is aimed at the establishment of close, extensive political and economic cooperation of the countries with the EU. The author stresses the importance attached by EP to the association negotiations, which according to the Parliament should have a crucial impact on the democratization process in Azerbaijan, Armenia and Georgia. It should be underlined that the development of democracy in those EU’s partner countries is of special interest to EP, which in recognition of their geopolitical importance with its numerous resolutions requires making closer relations with them and even providing the countries with a potential European perspective (Georgia). However the more extensive cooperation of the EU with the countries is made dependent by EP on the incorporation by Azerbaijan, Georgia and Armenia of the values defined as European (democracy, rule of law, protection of human rights etc.). That is why so important for EP are the questions of human rights observance, observance of the rules of democracy and law, including transparency and fairness of the processes in the countries. In case of violating rules constituting foundations for democratic and lawful country’s functioning, EP responds in a determined way and usually takes un unambiguous stand quite often contrasting with more “weighted” opinions of other Union institutions.
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Frowein, Jochen A. « The Transformation of Constitutional Law through the European Convention on Human Rights ». Israel Law Review 41, no 3 (2008) : 489–99. http://dx.doi.org/10.1017/s0021223700000339.
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Only five years after the end of the Second World War terminating the complete disregard for human rights in one of the important European countries and in the occupied territories, the governments of European countries agreed on a European Bill of Rights and took the first steps toward collective enforcement of certain rights of the Universal Declaration, adopted by the General Assembly of the United Nations in 1948. Evidently the Convention was a response to the totalitarian ideologies prevailing in national socialism but also to the communist ideology and practice governing the Soviet Union and the European countries behind the iron wall. Was the Convention intended to be more than a response and clarification of the fundamental principles which were well recognized in the constitutional structure of the free European states? If this is the case it should have had an impact on the legal system of member states.How far that impact would go was certainly not foreseen in 1950 or 1953 when the Convention came into force. By hindsight we may say that the establishment of the European Commission of Human Rights and the European Court of Human Rights as judicial organs to enforce the Convention had something that is called “List der Vernunft” in German, a certain rule of reason, not fully understood by the drafters.
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Kondrotas, Lukas. « European Union policy and the use of the normative power regarding cybersecurity ». Análisis Jurídico - Político 4, no 7 (31 janvier 2022) : 143–68. http://dx.doi.org/10.22490/26655489.5504.
Texte intégralRésumé :
The transformation of our societies due to technological progress and worldwide spread of information technologies has established a new domain where states must establish a “normal” way of relating to each other. National legislation has been adapted in order to reach this domain; however, in an international context there are still different manners to interpret what behaviour is normal and acceptable. The European Union has established a framework regarding its own cybersecurity and aims to establish the rule-of-law to progress towards a secure digital world; it has also created sanction rules to punish behaviours which oppose its own view. This paper tries to look at what effects it has had on other major actors in the realm of cybersecurity: The United States, Russia, and China. By looking at the development of the frameworks of these countries and their actions and comparing it to the objectives of the European Union in this matter, it shows that effects have been different in each case and that they are not coercing the actions of the other states, not because of a failed implementation, but due to their own nature.
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Prokopijevic, Miroslav. « Alice is not missing wonderland the eastward enlargement of the European Union ». Ekonomski anali 50, no 165 (2005) : 33–53. http://dx.doi.org/10.2298/eka0565033p.
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In this paper I will try to show that the EU enlargement from 2004 is not a good economic move for eight newcomers from Central and Eastern Europe (CEECs). It is unlikely that newcomers will get larger FDI, speed up their economic growth and catch up with richer EU countries, although this was broadly advertised both academically and by the EU "propaganda for happiness." The EU subsidies, intended to offset accession costs, turn out to be useless if not damaging for acceding economies, because they change the structure of incentives. So, instead of being rewarded for accession accession countries are going to be punished twice. Firstly, by lower FDI and a persisting GDP gap. Secondly, by getting subsidies which worsen the situation. CEECs would be better off staying outside the EU and continuing to improve economic freedom and the rule of law. But even after they have acceded, there is still some space for reasonable objectives of the CEECs due to unintended consequences of the socialist enlargement design.
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EFE, Ahmet, et Sinan YAZICI. « LAW REFORM IN PUBLIC ADMINISTRATION WITHIN THE FRAMEWORK OF THE RULE OF LAW AND INTERNATIONAL LAW : THE CASE OF TURKEY ». İşletme Ekonomi ve Yönetim Araştırmaları Dergisi 6, no 1 (25 janvier 2023) : 132–56. http://dx.doi.org/10.33416/baybem.1162895.
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The rule of Law is one of the critical concepts that guarantee the existence of a state. This concept becomes even more critical, especially in the mechanisms of the state that are directly related to the public, such as public administrations. Although the idea of the rule of Law is ontologically vital for the countries, it is essential to correctly determine the elements that constitute the Rule of Law in public administration and the internal and external factors. In addition, the relationship between public administration reforms and justice reforms, the effects of the Rule of Law, or how to increase and better integrate the rule of law dimensions in public administration reforms may constantly come up.
In this research, the effect of supranational institutions such as the United Nations and the European Union, which are external factors, on establishing the Rule of Law in public administrations is examined through the example of Turkey. The study claims that supranational institutions such as the UN and the EU have essential effects on establishing law. After the beginning of the 2000s, when the EU membership process started to be especially effective, reports on Turkey produced by both the UN and EU institutions were discussed. Problems, the relations between them, and the reforms made in Turkey are examined, and the adequacy of the reforms made in Turkey in ensuring the Rule of Law is discussed. Even though events such as terrorist incidents and coup attempts have caused severe disruptions in practices in Turkey, it has been concluded that the public administration and legal reforms made significant contributions to the Rule of Law.
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Stefanelli, Justine N. « III. THE NEGATIVE IMPLICATIONS OF EU PRIVILEGE LAW UNDER AKZO NOBEL AT HOME AND ABROAD ». International and Comparative Law Quarterly 60, no 2 (avril 2011) : 545–56. http://dx.doi.org/10.1017/s0020589311000170.
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On 14 September 2010 the Court of Justice of the European Union (ECJ) delivered its judgment in Akzo Nobel.1 The judgment and its preceding opinion focused on the application of legal professional privilege to communications between a client and in-house legal counsel. The less-emphasized aspect of the case was the Court's decision to exclude all lawyers qualified outside of the European Union (EU) from the application of legal professional privilege.2 Because the application of legal professional privilege to lawyers from third States was not the focus of Akzo Nobel, the issue was lost in the extensive debate surrounding privilege and in-house legal counsel. The Court unfortunately missed an opportunity to reshape EU privilege law in acknowledgement of its negative consequences on the EU human rights framework and also on the EU's relationships with countries which do not apply a similar bright line rule. These implications will be discussed below with a particular emphasis on the EU's obligations under the European Convention on Human Rights (ECHR) and its relationship with the United States (US).
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Choukroune, Leïla. « Settling Trade Related Labour Disputes : FTAs’ Pathways for Greater Social Justice in Globalization ». Global Trade and Customs Journal 17, Issue 7/8 (1 juillet 2022) : 300–303. http://dx.doi.org/10.54648/gtcj2022041.
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Since the conclusion of North African Free Trade Agreement (NAFTA) in 1994, an increasing number of Foreign Trade Agreements (FTAs) have included labour provisions along with specific dispute settlement mechanisms for these provisions. This article analyses how labour provisions have been included in FTAs’ since the early 1990s and critically accesses their suitability and effectiveness in terms of domestic labour reform and trade-related labour dispute settlement. It concludes by evaluating the case for the inclusion of labour provisions in FTAs’ and argues in favour of tailor-made rules suited to the precise reality of countries’ labour markets and regulatory environment. FTAs, labour provisions, sustainable development, ILO, globalization, CPTPP, NAFTA, rule of law, European Union FTAs, dispute settlement
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Šunjka, Tomislav. « European system of central banks and the European central bank ». Glasnik Advokatske komore Vojvodine 71, no 12 (1999) : 82–95. http://dx.doi.org/10.5937/gakv9903082q.
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Yugoslavia is being late with forming of European Union law experts. As we arc not the leading country in the international business relationships, we aproach to new rules of EU by empirical way. I believe that young lawyers should be tought that this branch of law already exists, that it lives by it's own life, that it depends upon movements of European business, that the contents of those rules is being made at European level and that other countries are unable to avoid their aplication with their boundaries and interpretations, because every boundary of such kind presents selfdisconection from taking part in European business trade. It is certain that some business subjects and national countries can impact on creation and changing of existing standards, but they also have to respect standards that are in use. It is the condition for taking a part in European business trade cooperation and to that condition a special attention must be payed in our country, which is being emphasized every day by our law and business practise as unavoidable need of our business development.
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Vujović, Ranka. « The status and rights of the child in the same-sex union : European law and practice ». Pravni zapisi 13, no 2 (2022) : 675–96. http://dx.doi.org/10.5937/pravzap0-37326.
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Parental rights are obviously the most controversial issue in the legal regulation of same-sex unions. This is one of the challenges facing the Republic of Serbia at this moment and which needs to be comprehensively considered in order to meet the announced legal regulation of same-sex unions, and this work is directed towards that goal. The focus of the paper is not the discussion about how the sexual orientation of parents affects the quality of parenting and the well-being of children and whether the sexual identity of parents is an important factor in effective parenting. This work is the result of research on how in the European legal area, in the member states of the Council of Europe and the European Union, which have legally regulated same-sex unions, the principles of equality, the rule of law, and the best interests of the child are reflected on the legal position of children and the enjoyment of rights arising from family life. In addition to the various points of view presented in the legal literature, the paper presents key positions and the latest decisions of the European Court of Human Rights and the European Court of Justice, which have specific implications for the need to harmonize internal regulations and legal practice in the member states, and a critical review of jurisprudence is given of certain foreign courts of the highest rank in cases whose outcomes can significantly influence the change of doctrines in the judicial practice of those countries, but also as an inspiration to other legal systems.
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Pauwelyn, Joost. « The Rule of Law Without the Rule of Lawyers ? Why Investment Arbitrators Are from Mars, Trade Adjudicators from Venus ». American Journal of International Law 109, no 4 (octobre 2015) : 761–805. http://dx.doi.org/10.5305/amerjintelaw.109.4.0761.
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At the twentieth anniversary of the World Trade Organization (WTO), the WTO’s dispute settlement system is celebrated as one of the organization’s biggest achievements. Although powerful members such as China, the European Union (EU), and the United States are regularly on the losing side of WTO trade disputes, overall support for the system remains high. If anything, it has increased over time, with early criticism by civil society waning. Compare this situation to investor-state dispute settlement (ISDS), centered around the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). ISDS, which started in earnest around the same time that the WTO was created, is under fire not only in capital-importing countries ranging from Ecuador, Indonesia, and South Africa but also in capital-exporting nations such as Australia, Germany, and the United States. Indeed, in the ongoing EU-U.S. negotiations over a Transatlantic Trade and Investment Partnership (TTIP), ISDS emerged as one of the biggest bones of contention.
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Kochenov, Dimitry. « The Impact of European Citizenship on the Association of the Overseas Countries and Territories with the European Community ». Legal Issues of Economic Integration 36, Issue 3 (1 août 2009) : 239–56. http://dx.doi.org/10.54648/leie2009016.
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This article outlines the far-reaching impact of the introduction of the concept of citizenship of the European Union (EU) on the rules governing the association of the overseas countries and territories (OCT) of the Member States with the European Community (EC). Potentially, such association after Maastricht is principally different from the preceding legal regime: Community law applicable overseas does not stop at the confines of Part IV EC, EU citizenship playing an important role in spelling out the rules for association.
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Parra Gómez, David. « Crisis of the Rule of Law in Europe : The Cases of Hungary, Poland and Spain ». ATHENS JOURNAL OF LAW 7, no 3 (1 juillet 2021) : 379–98. http://dx.doi.org/10.30958/ajl.7-3-6.
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Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.
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Kovtun, Svitlana, Ilya Shutak, Solomiya Denys, Yurii Semchuk et Sofiia Kostytska. « Systems of Advocates’ Self-Governance Bodies in European Union Countries ». Cuestiones Políticas 40, no 75 (29 décembre 2022) : 603–14. http://dx.doi.org/10.46398/cuestpol.4075.36.
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The purpose of the article was to study the experience of self-governance of lawyers in the countries of the European Union EU. On the basis of this material recommendations aimed at improving the advocacy system are provided. Achieving the set goal involved the resolution of the following tasks: a) to reveal the mechanism of functioning of the system of self-government of lawyers in the EU countries and identify its universal features, and; b) to determine the main models of the system of self-government of lawyers in the EU countries. The scope of the study was constituted by public rules, regulated by law, arising in the provision of legal services in the application of the legal profession and the implementation by representatives of its bodies of the right to self-government. The methodological basis of the study consists of general and specific research methods. It is concluded that, the manifestation of the principle of independence of the legal profession and the guarantee of full functioning of the self-governing bodies of bar associations in the EU countries consists in ensuring the freedom of their activities within the legality and its implementation in practice.
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Lewis, Oliver. « Mental disability law in central and eastern Europe : paper, practice, promise ». International Journal of Mental Health and Capacity Law, no 8 (8 septembre 2014) : 293. http://dx.doi.org/10.19164/ijmhcl.v0i8.335.
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<p>This paper explores socio-legal issues within mental disability systems in central and eastern Europe, focusing on the ten countries which have entered into an accession partnership with the European Union (EU) and will become members within the next few years, namely (starting from the north): Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Romania and Bulgaria, countries with a combined population of almost 100 million people. These EU accession countries share a recent history of either being parts of the Soviet Union (Estonia, Latvia, Lithuania), part of the Socialist Republic of Yugoslavia (Slovenia) or ruled from communist Moscow (the others).</p>
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Guild, Elspeth. « EU Citizens, Foreign Family Members and European Union Law ». European Journal of Migration and Law 21, no 3 (7 août 2019) : 358–73. http://dx.doi.org/10.1163/15718166-12340055.
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Abstract While international human rights law enshrines family life as a cornerstone of society, when it intersects with migration, issues and problems arise in countries where migration is high on the political agenda. This is true in a number of EU states. Both EU law and European human rights commitments, however, require states to provide for family reunification subject to a margin of discretion to the state. While family reunification for refugees and beneficiaries of international protection has been at the top of some political agendas in Europe, this article looks at family reunification (generally known as family reunion) for another group—nationals of the Member States. In particular it poses two questions: do EU Member States accept their own nationals to come back to their home state with third country national family members they have acquired while abroad? Secondly, to what extent do EU Member States discriminate against their own nationals in comparison with the generous EU rules of family reunion for nationals of other Member States who have exercised a free movement right in their country. This article is based on reports by experts from all EU Member States in light of the 2014 judgment in O & B (C-456/12) by the Court of Justice of the European Union.
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Svoboda, Ondrej. « EU Reform Agenda in Defence of the Judicialization of International Economic Law ». European Foreign Affairs Review 25, Issue 2 (1 août 2020) : 177–96. http://dx.doi.org/10.54648/eerr2020018.
Texte intégralRésumé :
A widely-recognized ‘backlash against globalization’ has taken many forms in recent years, particularly in the resurgence of nationalism and protectionism. Following the rise of a legitimacy crisis in the international regime for the protection of investments, the Trumpanian attack on the World Trade Organization (WTO) Appellate Body undermines a crucial function of this organization. In this context, the European Union has traditionally been seen as an advocate of the rule of law at an international level. Currently, it leads the way to maintain rules-based global economic governance by submitting detailed proposals to reform international trade and investment adjudication bodies and galvanizing broad support for them amongst other countries. Specifically, the European Union (EU) proposes the establishment of a multilateral investment court (MIC), which it considers to be the best option to address the concerns with the existing system of investor-State dispute resolution (ISDS). At the WTO, the EU has tabled two sets of proposals to answer concerns from the US and modify the relevant parts of the Dispute Settlement Understanding (DSU). After the collapse of the WTO Appellate Body, the EU led an initiative to create an interim appeal arbitration arrangement. This article argues that, in the absence of leadership by the US, the EU plays an essential role in maintaining trade and investment governance built on international law. This article identifies two different EU approaches in its attempt to (1) modernize an existing adjudication body at the WTO and (2) promote establishment of a new judicial institution for the resolution of investment disputes. In both ways, the EU acts as an innovator in terms of international governance. European Union, reform, judicialization, WTO, Appellate Body, UNCITRAL, investor-state dispute settlement (ISDS), multilateral investment court
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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.
Texte intégralRésumé :
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.
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Torp, Kristian, et Jakob B. Sørensen. « The Second Look in European Union Competition Law : A Scandinavian Perspective ». Journal of International Arbitration 34, Issue 1 (1 février 2017) : 35–54. http://dx.doi.org/10.54648/joia2017003.
Texte intégralRésumé :
Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally limit their inquiry to a superficial review of the premises of the award and will only reluctantly set aside an otherwise valid award based only on matters of merit. The main purpose of this article is to provide an up-to-date analysis of the position of the Scandinavian courts, thus helping to ‘map’ the European arbitration landscape. Even so, we have attempted to include and contribute to a few of the main discussions concerning the landscape in which the decisions were rendered in the introductory section. In the last section, we build on the reasoning of the two Supreme Courts in order to propose a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries.