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Articles de revues sur le sujet "Sanctions (Law) – European Union countries"
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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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Кешнер, Мария, and Mariya Keshner. "The Sanctions against the Russian Federation: International Legal Analysis of Legitimacy." Journal of Russian Law 3, no. 7 (2015): 0. http://dx.doi.org/10.12737/11764.
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In 2014, a number of states and integration entities imposed sanctions and restrictive measures against the Russian Federation. The author analysis acts the measures adopted by the United States, the European Union, some other countries against the Russian Federation, from the point of view of the international law. The author investigates reasonableness of the arguments justifying the sanctions against the Russian Federation; and examines the issues of coercion in the international law, which has its specific features that are primarily predetermined by the nature of interstate relations and methods of their legal regulation. The author provides an update on the problem of “collective counter-measures” or counter-measures in collective interests and classification of activities of the third countries who “have joined” in with the imposed restrictive measures. The author considers the practice and consequences of imposing unilateral sanctions by a number of states, the trends of its development and legitimacy of the existence in light if the modern international law development.
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Kuvaldin, Stanislav. "The Values of the EU and their Protection in the European Law." Contemporary Europe 100, no. 7 (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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Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
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The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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Chirozva, Lucid. "Law of attraction: A mirror image of Zimbabwe-Belarus relations." Dynamics of Politics and Democracy 1, no. 1 (2021): 39–48. http://dx.doi.org/10.35912/dpd.v1i1.730.
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Abstract Purpose: The study aims to analyse the law of attraction and its influence on Zimbabwe-Belarus relations. Research methodology: Secondary sources that relate to Zimbabwe and Belarus were used to gather data. The content analysis technique was employed to analysis to the data. Results: The study gathered that the two countries have limited allies in the international system; they are all on sanctions from the European Union (E.U.) and the United States of America (U.S.A.). The two countries also behave the same way in their interactions domestically and politically, as demonstrated by their conduct during elections. Limitations: The study focuses explicitly only on Zimbabwe’s 2018 and Belarus’s 2020 elections Contribution: This study contributes to understanding how the law of attraction will play a new role in determining the relations shortly, specifically whether or not the two counties will remain allies.
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Motsyk, Oleksandr. "International Sanctions against the Russian Federation: An Instrument of Pressure and Punishment for Its Aggression against Ukraine and Other International Crimes." Diplomatic Ukraine, no. XXI (2020): 717–43. http://dx.doi.org/10.37837/2707-7683-2020-37.
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The article describes international sanctions against the Russian Federation as an instrument of pressure and punishment for its aggression against Ukraine and other international crimes. The author asserts that sanctions are used to enforce international legal norms when all voluntary conciliation measures of resolving a conflict caused by an international delinquency are exhausted. The Russian aggression endangered the whole European security architecture formed after World War II with the meaningful participation of the US, European countries, and Moscow, then the Soviet Union. As Ambassador of Ukraine to the USA in 2010–15, the author of the article worked in 2014 with his American colleagues from the State Department, National Security Council, Pentagon, and US Department of the Treasury on the provision of support to Ukraine and imposition of sanctions on Russia. Appeals to exert pressure on Russia to stop its intervention and to provide assistance to Ukraine were also addressed to the UN, other international organisations, and financial institutions. More than 40 states have joined the anti-Russian sanctions. The author underscores that sanctions can in no case be reduced; rather, they should made tougher until Russia withdraws its troops Ukraine and stops flagrantly violating international law. If Western states have a unified position and political will, Russia will be compelled to respect the international order and security system formed by the international community after World War II, particularly in Europe. The author emphasises that despite the importance of sanctions, it is not until Ukraine has a robust economy, consistent alignment with Europe, European values, and a powerful military that it will regain control over the occupied Donbas and Crimea. Keywords: international sanctions, Russian Federation, Donbas, Crimea, security system, law and order.
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PELZMAN, JOSEPH. "THE SPILLOVER EFFECTS OF THE RE-IMPOSED UNITED STATES SANCTIONS ON IRAN ON MENA, THE PRC, RUSSIA, AND TURKEY." Global Economy Journal 20, no. 01 (2020): 2050003. http://dx.doi.org/10.1142/s2194565920500037.
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Iran has faced US sanctions in one form or another since its invasion of the US Embassy in Iran in 1979. The 2007-08 period marked the initiation of heightened international sanctions on Iran imposed by the UN Security Council in reaction to Iran’s nuclear program. These sanctions were tightened in 2010, when the UN Security Council, the US Congress, and the European Union all implemented separate sets of sanctions targeting either the Iranian nuclear program or the energy and banking sectors. Under the Obama Administration the Joint Plan of Action (JPOA) was signed in late 2013 and within months the United States and the EU took steps to waive specific sanctions. In 2015 the Joint Comprehensive Plan of Action (JCPOA) was signed, which lifted nuclear-related sanctions by the UN, EU and US. The Trump Administration on May 8, 2018 announced the US withdrawal from the JCPOA and directed federal agencies to begin to take steps to re-impose the sanctions established under U.S. law that were lifted or waived in order for the United States to meet its commitments in the JCPOA. On November 5, 2018, all pre-JCPOA - U.S. sanctions on foreign firms that conduct transactions in all of Iran’s core economic sectors, including energy, banking, shipping, and manufacturing, went back into effect. These include sanctions on “petroleum-related transactions” and transactions by foreign banks with Iran’s Central Bank. In addition,700 Iranian and third country entities have again been designated by the United States as sanctioned entities, meaning that foreign firms that transact business with these entities could face virtual exclusion from the U.S. economy. With the re-imposition of sanctions on Iran, in 2018, the US finds itself as a lone player in a world where the EU, the PRC, Russia and a group of MENA countries have no intentions to comply with these re-imposed sanctions. The purpose of this paper, consequently, is to assess the spillover effects which can be expected to result from the US re-imposition of Iran sanctions on relevant MENA countries, the PRC, Russia and Turkey.
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Verhagen, Gijs. "The Compliance and Dispute Settlement System of the European Energy Community." Legal Issues of Economic Integration 46, Issue 2 (2019): 149–60. http://dx.doi.org/10.54648/leie2019009.
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This article assesses the compliance, enforcement and dispute settlement procedure of the Energy Community (EnC). The EnC is an international organization composed of the European Union (EU) and several (South-)East European states, whose main goal is to integrate and harmonize the energy sector of the non-EU member countries with the energy sector of the EU by (among others) offering the prospects of easier access to foreign investments. This however requires implementation by those countries of the mandated rules as set by the EnC, which in practice are similar to the same rules and laws that are required within the EU itself. The implementation of these rules has been proven to be lacking, prompting active compliance enforcement by the Energy Community Secretariat, the permanent body tasked with monitoring compliance. For this, the EnC has a dispute settlement system which is highly diplomatic of nature, and which is most often already effective at enforcing compliance simply by negotiation. However, this dispute settlement system is still seen as lacking a few aspects, such as real sanctions, that would make it more effective at enforcing compliance of the rules of the EnC.
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Unterschütz, Joanna. "Strike and Remedies for Unlawful Strikes in the Legal Systems of Poland, Hungary, and Slovakia." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (2014): 319–38. http://dx.doi.org/10.54648/ijcl2014018.
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Poland, Hungary, and Slovakia, like many other Central and Eastern European states, underwent profound economic and legal reform in 1989 and early 1990s with the harmonization of their legal system with the EU acquis along with democratic reform of the political system. In this period international conventions, especially ILO standards, were the main source of inspiration. In all three countries strikes are regarded as a last resort, and certain procedures must be implemented to call a lawful strike. The first formal requirement in Polish and Slovak law concerns the reason for a collective dispute: work and employment conditions as well as trade union freedoms and rights or conclusion of a collective agreement. The next requirement concerns the parties to the dispute: workers must be represented by trade unions (except in Hungary). They cannot initiate a collective dispute individually (even if the outcome would subsequently concern all the employees) or through another representative body such as works councils or employee representatives. The proportionality principle must be respected with regard to the demands of strikers and those organizing the strike may be liable for damages. Workers taking part in unlawful strikes may be subject to the sanctions laid down in labour law, such as disciplinary sanctions, dismissal or pecuniary sanctions if damage is caused. Provision for criminal liability is made only in the Polish legal system. They are construed so that many acts of employers or trade unionists representing workers in the course of collective disputes can be subject to sanctions. As far as illegal strikes are concerned, those leading an illegal strike or other protest action can be criminally liable.
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Muraviov, Victor. "PRINCIPLES AND VALUES OF THE EUROPEAN UNION AND THE LEGAL ORDER OF UKRAINE." Actual Problems of International Relations, no. 138 (2019): 97–105. http://dx.doi.org/10.17721/apmv.2018.138.0.97-105.
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The article is devoted to the analysis of the legal nature of principles and values of the European Union, their ethimology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently, that is in the latest Lisbon edition of 2007. It is underlined that the infringement by a EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States. Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well ae the effect of principles and values on the process of legal reforms in Ukraine.
Thèses sur le sujet "Sanctions (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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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 2022<br>Examining 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)<br>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 2021<br>Examining 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)<br>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 2022<br>Examining 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)<br>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.<br>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’<br>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 2021<br>Examining 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)<br>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 2007<br>Examining 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)<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>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 2022<br>Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesselink, (EUI); Professor Alexander Somek, (University of Vienna); Professor Neil Walker, (University of Edinburgh)<br>‘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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Liang, Zheng Yun. "The enviromental principles of the European Union." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120095.
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Li, Qian. "European Union normative approaches to enviromental governance." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120096.
Texte intégralLivres sur le sujet "Sanctions (Law) – European Union countries"
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European Union sanctions and foreign policy: When and why do they work? Routledge, 2010.
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Osteneck, Kathrin. Die Umsetzung von UN-Wirtschaftssanktionen durch die Europäische Gemeinschaft: Völker- und europarechtliche Rahmenbedingungen für ein Tätigwerden der Europäische Gemeinschaft im Bereich von UN-Wirtschaftssanktionsregimen unter besonderer Berücksichtigung der Umsetzungspraxis der EG-Organe. Springer, 2004.
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Targeting peace: Understanding UN and EU targeted sanctions. Ashgate, 2010.
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European governance and supranational institutions: Making states comply. Routledge, 2003.
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The enforcement of EU law: The role of the European Commission. Oxford University Press, 2013.
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1969-, Humphreys Matthew James, ed. European Union law. 6th ed. Oxford University Press, 2010.
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(Firm), Routledge, ed. European Union law. 6th ed. Routledge-Cavendish, 2009.
Trouver le texte intégralChapitres de livres sur le sujet "Sanctions (Law) – European Union countries"
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Tzanakopoulos, Antonios. "Sanctions Imposed Unilaterally by the European Union: Implications for the European Union’s International Responsibility." In Economic Sanctions under International Law. T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-051-0_8.
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Wladasch, Katrin. "Making Antidiscrimination Law Effective: Burden of Proof, Remedies and Sanctions in Discrimination Cases." In European Union and its Neighbours in a Globalized World. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-43764-0_12.
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Inan, Nurkut, and Gamze Öz. "Turkish Competition Law and the Impact of the Customs Union Decision." In Turkey and Central and Eastern European Countries in Transition. Palgrave Macmillan UK, 2001. http://dx.doi.org/10.1007/978-0-333-97800-9_12.
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Matthes, Claudia-Y. "Safeguarding Democracy and the Rule of Law by Civil Society Actors? The Case of Poland." In Palgrave Studies in European Union Politics. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_11.
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Abstract A growing body of literature examines the EU’s reactions to illiberal trends in ECE countries. These studies predominantly focus on political instruments such as Article 7 and the Commission’s new rule of law mechanism, and there is a broad consensus on the view that these tools are too weak to combat breaches of liberal principles. This chapter therefore explores the potential of alternative strategies, namely the involvement of civil society actors in backsliding countries. By looking at the Polish case, it explores how much Polish civil society interacts with the European institutions in order to address violations of the rule of law and which strategies these actors unfold. It examines whether this cooperation may help to safeguard democracy in a bottom-up manner. The overall goal of the chapter is to investigate how much the EU’s instruments against democratic backsliding could and should be accompanied effectively by strategies aiming at collaboration with liberal forces within the backsliding member states.
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Reichel, Jane. "Sanctions Against Individuals and the Rule of Law: Can the Member States Let the EU Decide?" In The European Union and the Return of the Nation State. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-35005-5_8.
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Tomini, Luca, and Seda Gürkan. "Contesting the EU, Contesting Democracy and Rule of Law in Europe. Conceptual Suggestions for Future Research." In Palgrave Studies in European Union Politics. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_12.
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Abstract In ECE countries, democratisation and Europeanisation seemed to exist in a mutually reinforcing relationship and both concepts provided the main analytical lenses for studying these states. In the light of recent illiberal and anti-EU politics, two different concepts have started to receive increasing scholarly attention, namely the concepts of de-Europeanisation and autocratisation. Their exact meaning, however, remains unclear and the causal link between these specific processes and the rule of law has largely remained understudied. Against this backdrop, this chapter first summarises the state-of-the-art research on autocratisation and de-Europeanisation, and then examines the interaction and causal link between these two phenomena in times of declining democracies in Europe and rule of law problems.
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Naef, Tobias. "The Restrictive Effect of the Legal Mechanisms for Data Transfers in the European Union." In European Yearbook of International Economic Law. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_3.
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AbstractThe right to data protection in Article 8 CFR has an extraterritorial dimension, which requires continuous protection for personal data that is essentially equivalent to the protection guaranteed within the EU. This right to continuous protection of personal data is an unwritten constituent part of the right to data protection in Article 8 CFR. Primary Union law in Article 16(2) TFEU instructs the European Parliament and the Council to establish rules relating to the protection of individuals regarding the processing of their personal data. This mandate also extends to the extraterritorial dimension of the right to data protection. Accordingly, Chapter V GDPR sets out the system for the transfer of personal data from the EU to third countries. The first section of this chapter defines the legal concept of “data transfers” and introduces the three legal mechanisms for the transfer of personal data in Chapter V GDPR (Sect. 3.1). The following sections address the three legal mechanism and their role in guaranteeing the right to continuous protection for personal data. Each section entails a fundamental rights analysis for the transfer of personal data on the basis of a legal mechanism in Chapter V GDPR. The second section is dedicated to data transfers based on adequacy decisions for third countries following Article 45 GDPR (Sect. 3.2). The third section is dedicated to data transfers based on the instruments providing appropriate safeguards in Article 46 GDPR such as standard data protection clauses and binding corporate rules (BCRs) (Sect. 3.3). Finally, the fourth section is dedicated to data transfers subject to contract-based and consent-based derogations in Article 49 GDPR (Sect. 3.4).
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Ranaldi, Valentina. "The Role of the European Border and Coast Guard Agency (Frontex) in the Management of the External Borders of the European Union: The Cooperation Agreements with the Western Balkans Countries." In Regional Law Review. Institute of Comparative Law ; University of Pécs Faculty of Law ; Josip Juraj Strossmayer University of Osijek, Faculty of Law, 2020. http://dx.doi.org/10.18485/iup_rlr.2020.ch12.
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Vargas Vasserot, Carlos. "Social Enterprises in the European Union: Gradual Recognition of Their Importance and Models of Legal Regulation." In The International Handbook of Social Enterprise Law. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_3.
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AbstractThis chapter addresses social enterprises as a special corporate category, which in some European jurisdictions, and increasingly so after their promotion by the European Union, are provided with a specific legal framework to promote and encourage their development. The paper begins with a brief compilation of the several social enterprise concepts developed by economic doctrines both in the United States and Europe, which reveal a great diversity of approaches. This is followed by an analysis of the various documents published by the European Union, showing the increasing recognition of this business phenomenon, from the publication of the Social Business Initiative in 2011 to the recent Action Plan for the Social Economy in 2021. Finally, the results obtained from the analysis of the different European legal systems are presented, and three main models of legal regulation of social enterprises are distinguished, namely, the use of the social cooperative form, enactment of a special law, and integration into a social economy law. The chapter concludes with a table comparing the essential aspects of the regulation of social enterprises in 14 European countries.
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Elek, Balázs. "Criminal Judicial Cooperation from a Central and Eastern European Perspective." In The Policies of the European Union from a Central European Perspective. 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.
Actes de conférences sur le sujet "Sanctions (Law) – European Union countries"
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Macerinskiene, Irena. "INTANGIBLES ASSESSMENT IN EUROPEAN UNION COUNTRIES." In 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." In 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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Zemguliene, Jolanta. "THE PRODUCTIVITY SPILLOVERS AS THE SOURCE OF ECONOMIC GROWTH � AN EMPIRICAL ANALYSIS WITH EUROPEAN UNION COUNTRIES� DATA." In 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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Bakulina, Anna A., Alla A. Lysochenko, Irina A. Pryadko, and Natalya S. Zemlyakova. "Risk accounting in Russian business valuation in times of sanctions." In Sustainable and Innovative Development in the Global Digital Age. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.gcwt3209.
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The West approved a number of packages of sanctions against Russian legal entities and individuals, which noticeably affected many sectors of the Russian economy and business of Russian entrepreneurs. In support of the USA, the countries of the European Union and other states unfriendly towards Russia have drawn up their sanctions programs. Thus, the following question is especially acute for the founders of various companies: “What risks should be taken into account in business valuation in today’s crisis caused by the current geopolitical situation and a number of sanctions?” The relevance of the chosen topic is due to the presence of demand for business valuation, which is growing exponentially in modern realities. Due to these factors, Russian entrepreneurs and their businesses found themselves under enormous pressure from the risks that have arisen, which will remain relevant in the coming years.
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Yumagulova, E. R., A. A. Norekyan, and E. V. Yumadilova. "KEY ASPECTS OF THE NEW FOREST STRATEGY OF THE EUROPEAN UNION AND THE RUSSIAN FEDERATION." In 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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Karluk, S. Rıdvan. "EU Enlargement to the Balkans: Membership Perspective to the Balkan Countries." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01163.
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After the dispersion of the Soviet Union, the European Union embarked upon an intense relationship with the Central and Eastern European Countries. The transition into capital market and democratization of these countries had been supported by the Ministers of Foreign Affairs at the beginning of 1989 before the collapse of the Soviet Union System. The European Agreements were signed between the EU and Hungary, Poland, and Czechoslovakia on December 16th, 1991. 10 Central and Eastern Europe Countries became the members of the EU on May 1st, 2004. With the accession of Bulgaria and Romania into the EU on January 1st, 2007, the number of the EU member countries reached up to 27, and finally extending to 28 with the membership of Croatia to the EU on July 1st, 2013. Removing the Western Balkan States, Serbia, Montenegro, Albania, and Bosnia and Herzegovina from the scope of external relations, the EU included these countries in the enlargement process in 2005.The European Commission has determined 2014 enlargement policy priorities as dealing with the fundamentals on preferential basis. In this context, the developments in the Balkans will be closely monitored within the scope of a new approach giving priority to the superiority of law. The enlargement process of the EU towards the Balkans and whether or not the Western Balkan States will join the Union will be analyzed.
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Niftiyev, Ibrahim. "A comparison of institutional quality in the South Caucasus." In The European Union’s Contention in the Reshaping Global Economy. Szegedi Tudományegyetem Gazdaságtudományi Kar, 2022. http://dx.doi.org/10.14232/eucrge.2022.9.
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Much has happened in the three countries of the South Caucasus-namely, Azerbaijan, Georgia, and Armenia-since the collapse of the Soviet Union. Political events, institutional reforms, and economic development have resulted in greater economic welfare in these countries after the painful transition period of the 1990s. However, it remains to be seen whether they have achieved any solid results or whether they still have much to accomplish. While the answer is ambiguous, each country has followed a different political, geopolitical, economic, and institutional path and achieved different economic outcomes despite their close geographical proximity to each other. This paper compares the available data on economic and institutional quality in Azerbaijan, Georgia, and Armenia to portray the overall situation in terms of changes in institutional patterns. Then, special attention is given to Azerbaijan, as the country is considered to be oil-rich and thus resource-dependent. A comparative perspective on institutional quality suggests that Georgia has been a leading country in terms of institutions and effective bureaucracy-building, despite having lower economic indicators compared to Azerbaijan. Moreover, while Armenia is positioned between Georgia and Azerbaijan in terms of institutional quality, its economic growth is similar to Georgia's. Lastly, institutional variables (e.g., control of corruption, rule of law, and government effectiveness, and human rights) in Azerbaijan are negatively correlated with oil-related variables. This result aligns with the natural resource curse and Dutch disease theories, which posit that oil boom periods in mineral-rich countries are associated with a deterioration in institutional quality, thereby leading to slower growth. Also, the results are important to build up analytical frameworks to address the Dutch disease or resource curse studies in the case of Azerbaijan in a comparative manner with oil-poor countries even if the scope is limited to the South Caucasian former Soviet Union countries.
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Silovs, Mihails, and Olga Dmitrijeva. "Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union." In 22nd International Scientific Conference. “Economic Science for Rural Development 2021”. Latvia University of Life Sciences and Technologies. Faculty of Economics and Social Development, 2021. http://dx.doi.org/10.22616/esrd.2021.55.052.
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The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.
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Turanjanin, Veljko. "UNFORESEEABILITY AND ABUSE OF CRIMINAL LAW DURING THE COVID-19 PANDEMIC IN SERBIA." In 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/18305.
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The author deals with the problem of criminal measures and sanctions in the legislation of the Republic of Serbia during the Covid-19 pandemic. The executive branch of the government declared a state of emergency in the Republic of Serbia in March 2020. At the same time the so-called Crisis Headquarter was established with the authority to impose measures of criminal-legal nature. During the two-month state of emergency, through the Crisis Headquarter, the executive branch of the government was changing criminal laws and sanctions at an almost daily basis. It is debatable whether such laws meet the rule of law and the European Court of Human Rights standards. Many citizens failed to adapt their behavior to the imposed measures. On the one hand, the courts have fallen into the trap of double punishment, both for a crime and for a misdemeanor. On the other hand, justifications of the courts’ decisions are also questionable, especially those containing references to statements made by members of the crisis team through the media. Furthermore, the Constitutional Court didn’t rule on any of the numerous requests for constitutional review, but in September it came out with the view that since the state of emergency was over, its decision was unnecessary. The paper is comprised of several units. In the first place, the author explains the process of legal changes by analyzing all the laws and rules that were passed by the end of 2020, as well as data related to the punishment of residents whose behavior was not in accordance with existing legal solutions. Bearing in mind the standards of the rule of law and the European Court of Human Rights, the author then explains that the measures implemented by the Serbian authorities do not meet the basic required criteria, primarily the foreseeability of the law, as well as that the laws were abused for the purpose of the election campaign. The special attention is paid to curfews and the complete ban on leaving homes for senior citizens well as ban of contacting with the family members, and then the lockdown of the rest of the population. The actions taken by the authorities during the epidemic resulted in violation of human rights of their citizens, and experience shows that the only court that citizens will be able to turn to will be the European Court of Human Rights. The author believes that with this understanding of the law and respect for its own citizens, the European Union can only be a distant idea.
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Bublienė, Raimonda. "Internationalization and Multiple Discrimination: the Case of Employment Regulation." In Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.061.
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The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.