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1
Sokolowski, Maciej M. « Laws and Policies on Electric Scooters in the European Union : A Ride to the Micromobility Directive ? » European Energy and Environmental Law Review 29, Issue 4 (1 août 2020) : 127–40. http://dx.doi.org/10.54648/eelr2020036.
Texte intégralRésumé :
The conducted research shows that the EU-27 and the UK have a varied approach to electric scooters when it comes to law: some see them as means of micro-transportation or personal transport, others define them exclusively in their legislation (in a direct manner). In some countries electric scooters are not defined in legislation but other rules apply (e.g. rules on bicycles). Electric scooters’ users are qualified either as pedestrians using scooters, drivers, or cyclists. The limit of 20 – 25 km/h of speed is a general benchmark. The rules on the access to pavement, pedestrian zones, and pedestrian crossings vary among the Member States (some allow it, providing speed limits; others offer only the possibility of accessing bike paths or public roads). National legislation also provides some other requirements, such as age limits for electric scooter users when riding on a road or wearing protective equipment (e.g. helmet or safety vest). The research also proves that the majority of Member States do not provide any special rules on driving licences or insurance (generally not required when using electric scooters). Finally, the article addresses a seemingly basic legal European framework on electric scooters and a possible harmonization by adopting the Micromobility Directive. electric transport, electric scooters, micromobility, micro-transportation, Micromobility Directive
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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.
3
Romppanen, Seita. « Regulating Better Biofuels for the European Union ». European Energy and Environmental Law Review 21, Issue 3 (1 juin 2012) : 123–41. http://dx.doi.org/10.54648/eelr2012010.
Texte intégralRésumé :
Comprehensive European or global regulation on sustainable biofuels does not yet exist. In the near future, it is likely that 10 percent of the energy used for transportation in the EU will consist mostly of biofuels, the majority of which will be imported from third countries. As the EU only has legislative jurisdiction regarding its Member States, the asymmetry between the locations of feedstock, the production of biofuel and the end users creates particular legal challenges for the sustainability scheme. It is not enough that to just correct the evident deficiencies of the current scheme; the EU sustainability scheme must provide a comprehensive answer to the complex sustainability challenges. One option could be a global approach driven by the EU leadership position. This article evaluates the legal applicability of the EU sustainability scheme against the global scenario of biofuels. Indirect land-use change is explored as the culminating issue of biofuel sustainability. The article also analyses the current regulatory approach, from the view that is it adequate in terms of securing the sustainable production of biofuels, especially in relation to the notion on "global" biofuels. Combating climate change forces new environmental problems to stand out, which also creates new legal challenges. In the field of dynamic climate change law, biofuel sustainability is an apt example of this.
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Derkach, Е. М. « LEGAL ISSUES OF IMPLEMENTING THE INSTITUTE OF AUTHORIZED ECONOMIC OPERATOR ». Economics and Law, no 4 (6 décembre 2021) : 39–45. http://dx.doi.org/10.15407/econlaw.2021.04.039.
Texte intégralRésumé :
The article covers current legal issues on implementing the institution of an authorized economic operator (AEO). The directions for developing the domestic economic and transport legislation are outlined. According to the International Monetary Fund data, supply chain disruptions have become a major challenge for the global economy since the start of the pandemic caused by COVID–19. Shutdowns of factories in China in early 2020, lockdowns in several countries across the world, labour shortages, as well as demand for tradable goods, disruptions to logistics networks have resulted in big increases in freight costs and delivery times. It is noted that the ongoing problems in the supply chain have caused some changes in the development of trade relations of Ukraine with other countries due to its transit state status. The institute of authorized economic operator was established in Ukraine according to the Law of Ukraine «On the amendments to the Customs Code of Ukraine on certain issues of functioning of authorized economic operators» adopted in October 2, 2019. It is emphasized that implementing the institution of the authorized economic operator corresponds to Ukraine’s obligations under the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. It is noted that more than 80 % of all customs clearance in the EU is carried out by companies with AEO authorization. A resident business entity as a participant of the international supply chain (including manufacturer, exporter, importer, customs representative, carrier, freight forwarder, warehouse keeper) may be authorized economic operators due to multi-stage conformity assessment system. In addition, the current legislation should be updated, in particular relevant provisions of the Economic Code of Ukraine, transport codes and laws in order to provide legal basis for authorized economic operators’ activities as the participants of freight transportation, as well as unifying the legal requirements for the AEO and carriers, freight forwarders, etc.
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Vergano, Paolo R., et Eugenia Laurenza. « Fossil Fuel Grading and Sustainability Criteria for Biofuels and Bioliquids under the EU Fuel Quality and Renewable Energy Directives : Implications for International Trade ». Global Trade and Customs Journal 7, Issue 3 (1 mars 2012) : 92–103. http://dx.doi.org/10.54648/gtcj2012014.
Texte intégralRésumé :
The legislative measures adopted by the European Union (EU) under the 'Climate Action and Renewable Energy' package have required, or are leading to, the adoption of grading systems or classification of fuels, biofuels, and bioliquids based on their carbon footprints or production methods, which are not without consequences for international trade. This article focuses on two legislative initiatives: the possible impacts of EU measures aimed at 'grading' fuels used in transportation according to their carbon footprint, required under the Fuel Quality Directive, and the sustainability criteria for biofuels and bioliquids established by the Renewable Energy Directive and the Fuel Quality Directive. Both instruments may result in the placing of trade restrictions on fuels, biofuels, and bioliquids into the EU and in trade discrimination, in possible contrast with the rules of the World Trade Organization (WTO). The article argues that these measures should not neglect the commercial implications that they have on third countries' (and traders') interests and be consistent with the rules of the WTO in order to avoid that environmental policies result in instances of 'green protectionism'. Multilateral solutions to address global problems having an impact on trade are clearly to be preferred. Traders should be heard in this debate, remain vigilant, and work with their governments and trade associations to ensure that no discrimination is 'camouflaged' under green policies.
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Makhamataminovich, Makhamatov Mahmud. « FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION ». American Journal of Political Science Law and Criminology 03, no 01 (1 janvier 2022) : 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.
Texte intégralRésumé :
The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.
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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich et Aleksey Valerievich Sereda. « The EU law and the law of third countries : problems of interaction ». SHS Web of Conferences 118 (2021) : 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
Texte intégralRésumé :
The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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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.
Texte intégralRésumé :
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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Cyman, D., E. Gromova et E. Juchnevicius. « Regulation of Artificial Intelligence in BRICS and the European Union ». BRICS Law Journal 8, no 1 (11 avril 2021) : 86–115. http://dx.doi.org/10.21684/2412-2343-2021-8-1-86-115.
Texte intégralRésumé :
Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.
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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.
Texte intégralRésumé :
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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Vasylieva, Valentyna, et Anatolii Kostruba. « Corporate law in Ukraine within the framework of approaching the European Union standards ». Law Review of Kyiv University of Law, no 1 (15 avril 2020) : 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.
Texte intégralRésumé :
The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations.
Special attention has been given to define the legal nature of the corporation.
It is concluded that there is no established understanding of the above concepts in national legal science.
The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected.
The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law.
The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
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Bree, Axel. « The Organisation of Waste Management in the European Union Member States ». Journal for European Environmental & ; Planning Law 2, no 6 (2005) : 478–89. http://dx.doi.org/10.1163/187601005x00471.
Texte intégralRésumé :
AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
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Krämer, Ludwig. « Climate change and EU legal initiatives regarding water availability ». Journal for European Environmental & ; Planning Law 6, no 4 (2009) : 461–80. http://dx.doi.org/10.1163/161372709x12608898676878.
Texte intégralRésumé :
AbstractDiscussions on climate change legislation concentrate on measures relating to the emission of greenhouse gases. The present contribution tries to have a look at the impact of water availability within the European Union and to examine the need for EU legislation in this area, starting from the fact that the EU has, until now, not considered water availability to be a topic which deserves specific attention by the Union. The articles points at the serious impact which water scarcity is likely to have in particular, though not exclusively, in Southern European countries and passes in review a number of possible options for EU wide legislation.
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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.
Texte intégralRésumé :
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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Pankov, Yevhenii, Olha Filipshykh et Dmytro Boichuk. « Problems of the environmental law of the European Union ». Problems of Legality, no 155 (20 décembre 2021) : 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
Texte intégralRésumé :
The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Rochette, Gustavo. « Is the French Nuclear Strategy Lawful Under EU Law ? Article 194(2) TFEU and Its Limitations ». European Energy and Environmental Law Review 29, Issue 6 (1 décembre 2020) : 232–39. http://dx.doi.org/10.54648/eelr2020047.
Texte intégralRésumé :
The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply. Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy
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Bezverkhyi, Kostiantyn. « Accounting in Ukraine : implementation of the European Union directives ». Herald of Ternopil National Economic University, no 1(87) (30 janvier 2018) : 136–51. http://dx.doi.org/10.35774/visnyk2018.01.136.
Texte intégralRésumé :
The study focuses on changes made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” for the purpose of implementing accounting standards to the European Union directives. The object of the research paper is accounting in Ukraine. The purpose of the study is to analyze the current state and development trends of accounting in Ukraine in the context of the implementation of European legislation. Research methods such as analysis, synthesis, induction, deduction, abstraction, idealization and generalization are used to analyze the changes introduced into the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”. Today, Ukraine is moving actively towards the implementation of European legislation into domestic practice, including standards of accounting and financial reporting. Successful implementation of European legislation into domestic accounting practice, first and foremost, requires clarification of differences in accounting and financial reporting. The amendments made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” will promote harmonization of national legislation in the field of accounting and financial reporting with the legislation of the European Union countries and the International Financial Reporting Standards. The changes introduced will provide the basis for raising accounting and financial reporting in Ukraine to a qualitatively new level that will enable effective management decision- making by domestic business entities. The results obtained are the basis for accounting and financial reporting in Ukraine, in accordance the norms of the European Union directives. The research results may be used all economic entities in Ukraine in different sectors of the economy.
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Jessurun d’Oliveira, Hans Ulrich. « Iberian Nationality Legislation and Sephardic Jews ». European Constitutional Law Review 11, no 01 (mai 2015) : 13–29. http://dx.doi.org/10.1017/s1574019615000036.
Texte intégralRésumé :
Proposal to grant Spanish nationality to Sephardic Jews – History of Sephardic Jews in Iberia – Sephardim and the Portuguese nationality code – The EU and the nationality laws of the member states – Impact of Union law on the acquisition of Iberian nationalities by Sephardic Jews – European Convention on Nationality – Sephardim from third countries –Micheletti – Nottebohm
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Kuznetsov, A. V. « Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic ». Sociology and Law, no 4 (31 décembre 2020) : 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
Texte intégralRésumé :
The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Kuznetsov, A. V. « Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic ». Sociology and Law, no 4 (31 décembre 2020) : 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
Texte intégralRésumé :
The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Lazarenko, Mykola. « Systematization of private international law in Ukraine and foreign countries : present state and tendencies ». Ukrainian Journal of International Law 3 (30 septembre 2020) : 122–28. http://dx.doi.org/10.36952/uail.2020.3.122-128.
Texte intégralRésumé :
Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.
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Лазарева, Наталья, et Natalya Lazareva. « HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA ». Journal of Foreign Legislation and Comparative Law 1, no 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16140.
Texte intégralRésumé :
The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.
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Putkonen, Hanna, et Birgit Vollm. « Compulsory psychiatric detention and treatment in Finland ». Psychiatric Bulletin 31, no 3 (mars 2007) : 101–3. http://dx.doi.org/10.1192/pb.bp.106.009472.
Texte intégralRésumé :
Despite efforts to integrate and harmonise legislation across the member states of the European Union (EU), mental health legislation, including legislation for the detention and treatment of offenders with mental disorders, differs widely across Europe. With changes to the Mental Health Act 1983 in the UK currently underway, investigating the different approaches to compulsory psychiatric care in other countries can be a stimulating and worthwhile exercise. We explored the Finnish mental health law with regard to compulsory admission and treatment and forensic care. Relevant differences between the Finnish approach and legislation in other European countries will be discussed.
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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina et Yerik B. Akhmetov. « Modern features of law institutions of the European Union ». RIVISTA DI STUDI SULLA SOSTENIBILITA', no 1 (août 2020) : 441–58. http://dx.doi.org/10.3280/riss2020-001026.
Texte intégralRésumé :
The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
Texte intégralRésumé :
Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova et Yuri Bokov. « Liability for Violation of Environmental Legislation in the EU ». European Energy and Environmental Law Review 30, Issue 1 (1 mars 2021) : 9–19. http://dx.doi.org/10.54648/eelr2021002.
Texte intégralRésumé :
The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Lukasevych-Krutnyk, Iryna. « The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union ». Journal of the National Academy of Legal Sciences of Ukraine 27, no 2 (28 juin 2020) : 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.
Texte intégralRésumé :
The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines
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Marchuk, M., et L. Gudz. « Local elections in the European Union and Ukraine : comparative characteristics ». Uzhhorod National University Herald. Series : Law, no 70 (18 juin 2022) : 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
Texte intégralRésumé :
The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Martirosyan, Diana G. « LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW ». SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no 1 (2022) : 121–31. http://dx.doi.org/10.26653/2076-4650-2022-1-09.
Texte intégralRésumé :
The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.
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Tashian, Roman I., Bohdan P. Karnaukh et Iryna O. Dzera. « Trends in the Development of Property Law : The Civil Law of Ukraine and the Experience of European Union Countries ». Global Journal of Comparative Law 10, no 1-2 (25 juin 2021) : 91–104. http://dx.doi.org/10.1163/2211906x-10010008.
Texte intégralRésumé :
Abstract The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.
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Barskyy, V. R., et D. Yu Dvornichenko. « HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS : BACKGROUND, SITUATION AND PROSPECTS ». Constitutional State, no 42 (7 juillet 2021) : 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.
Texte intégralRésumé :
The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.
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Cherneha, Vitalii, Iryna Hrytsai, Tetiana Tarasevych, Viktor Savchenko et Hanna Krushelnytska. « Rights of a child born through the use of assisted reproductive technologies in the EU countries and Ukraine ». Revista Amazonia Investiga 11, no 53 (4 juillet 2021) : 101–10. http://dx.doi.org/10.34069/ai/2022.53.05.10.
Texte intégralRésumé :
This article aims to identify the features of the European Union and Ukraine legislation on the rights of children born through reproductive technologies and the practice of its application. To achieve this goal, first of all, an analysis of an array of sources in the field of the rights of children born with the help of reproductive technologies was carried out. The paper compares the legislation and practice of the European Union and Ukraine regarding the rights of children born with the use of reproductive technologies, which was achieved through comparative law. The historical-legal method has made it possible to outline the changes that have taken place in the approaches to the rights of children born with the help of reproductive technologies in countries whose legislation and practice have been specially studied. The synthesis method was applied, which helped to form a comprehensive vision of the rights of children born with the help of reproductive technologies in the European Union and Ukraine countries. The direction of research on ensuring and guaranteeing the right to life of children born with the help of reproductive technologies is promising.
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Bronckers, Marco, et Yves Van Gerven. « Legal Remedies Under the EC’s New Chemicals Legislation REACH : Testing a New Model of European Governance ». Common Market Law Review 46, Issue 6 (1 décembre 2009) : 1823–71. http://dx.doi.org/10.54648/cola2009075.
Texte intégralRésumé :
The REACH legislation constitutes a milestone for the European Union. It sets new standards for environmental law, which are becoming the benchmark for many countries and companies around the world. This new chemicals legislation also introduces institutional novelties at the European level. An independent European agency with decision-making powers has been created to administer this complex and highly technical legislation. Nevertheless, the European Commission and the Member States have maintained direct influence over the agency’s work, and participate in various roles in the implementation of REACH. These environmental and institutional innovations are not making the position of companies, who are the immediate addressees of the legislation, any easier. The present article analyses the decision-making processes under REACH, and inquires which legal remedies, if any, registering companies have in the event they encounter decisions that adversely affect them. It will be shown that companies are not always in an enviable position. They are paying a price, it seems, for the still evolving institutional architecture of the European Union. In other words, the deficiencies in legal protection we identify point to more fundamental problems surrounding the effectiveness and accountability of European agencies. Thus, this analysis can also serve as a case study to test new models of European governance. The article offer recommendations for improvement.
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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.
Texte intégralRésumé :
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.
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Varul, Paul. « The Creation of New Estonian Private Law ». European Review of Private Law 16, Issue 1 (1 février 2008) : 95–109. http://dx.doi.org/10.54648/erpl2008005.
Texte intégralRésumé :
Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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Hartley, Trevor C. « The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws ». International and Comparative Law Quarterly 54, no 4 (octobre 2005) : 813–28. http://dx.doi.org/10.1093/iclq/lei038.
Texte intégralRésumé :
English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Novicic, Zaklina. « Freedom of movement for persons in the European Union Law ». Medjunarodni problemi 55, no 1 (2003) : 57–88. http://dx.doi.org/10.2298/medjp0301057n.
Texte intégralRésumé :
In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Heinemann, Torsten, Ursula Naue et Anna-Maria Tapaninen. « Verifying the Family ? A Comparison of DNA Analysis for Family Reunification in Three European Countries (Austria, Finland and Germany) ». European Journal of Migration and Law 15, no 2 (2013) : 183–202. http://dx.doi.org/10.1163/15718166-12342030.
Texte intégralRésumé :
Abstract This article explores and compares the legal frameworks and regulatory practices of the use of DNA analysis for family reunification in Austria, Finland, and Germany. Based on a document analysis, we first provide an overview of the international legislation for family reunification and analyse the situation in the European Union. We show that the three countries have significantly different legislative practices in place to regulate parental testing in immigration contexts and to verify family relations. We outline the key societal and political implications that are associated with these country specific forms of legislation and regulatory practices and highlight the ambivalent role of DNA analysis in family reunification.
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Rasskazova, V. V. « Settlement and Release in European Legislation ». Bulletin of Kharkiv National University of Internal Affairs 89, no 2 (26 juin 2020) : 61–68. http://dx.doi.org/10.32631/v.2020.2.05.
Texte intégralRésumé :
Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice.
The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries.
According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release.
The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.
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Yaroshenko, Oleg, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova et Yelyzaveta Yaryhina. « Features of Remote Work in Ukraine and the European Union : Comparative Legal Aspect ». Hasanuddin Law Review 7, no 3 (1 décembre 2021) : 136. http://dx.doi.org/10.20956/halrev.v7i3.3218.
Texte intégralRésumé :
The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
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Wilson, Kerianne. « Gone With the Wind ? : The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World ». Air and Space Law 41, Issue 3 (1 mai 2016) : 229–64. http://dx.doi.org/10.54648/aila2016019.
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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
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Savchuk, Sergiy. « Special aspects of legal regulation of fixed-term employment contracts of some European countries ». Law Review of Kyiv University of Law, no 2 (10 août 2020) : 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
Texte intégralRésumé :
The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
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Gwoździewicz, Sylwia. « THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION ». International Journal of New Economics and Social Sciences 1, no 1 (30 juin 2015) : 0. http://dx.doi.org/10.5604/01.3001.0010.3758.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
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Zimmer, Reingard. « Living wages in international and European law ». Transfer : European Review of Labour and Research 25, no 3 (août 2019) : 285–99. http://dx.doi.org/10.1177/1024258919873831.
Texte intégralRésumé :
A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the right to a living wage, which should be at least 60 per cent of the net average wage. The Charter is legally binding for EU institutions, agencies and other bodies. Member States are bound only to the extent that the material scope of the relevant EU laws has been opened, which is the case when EU law is implemented or when obligations arising out of specific Union legislation are required for the relevant subject area, as will be explained in the article. In purely national situations nevertheless, values laid down in international law have to be observed when interpreting national laws.
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EVANS, DOUGLAS, ANDRÁS DEMETER, PETER GAJDOŠ et ĽUBOŠ HALADA. « Adapting environmental conservation legislation for an enlarged European Union : experience from the Habitats Directive ». Environmental Conservation 40, no 2 (1 mars 2013) : 97–107. http://dx.doi.org/10.1017/s0376892912000422.
Texte intégralRésumé :
SUMMARYThe European Union's (EU's) Habitats Directive includes annexes listing the habitats and species requiring protection. As new countries join the EU these lists need to be amended to remain pertinent. In 2004 and 2007, 12 countries, mostly in central Europe, joined the EU and were asked to propose native species or habitats that required protection; this formed an initial base for negotiations with the European Commission in consultation with the existing member states and with scientific support from the European Topic Centre on Biological Diversity. The 12 countries made 831 proposals, resulting in the addition of 191 species and 33 habitats, and geographical exemptions for eight species. Although the Directive provided definitions, these needed to be supplemented with additional criteria to permit assessments of the proposals. The process involved many actors at both European and national level. This illustrates the development of biodiversity governance and provides potential lessons for future activities, including the need for scientific guidance and the importance of involving all relevant actors.
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Voronko, Oleksii. « APPLICATION OF ASTRENT UNDER THE LEGISLATION OF CERTAIN COUNTRIES OF THE EUROPEAN UNION AND RUSSIA ». Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi, no 8 (26 décembre 2019) : 127–34. http://dx.doi.org/10.33098/2078-6670.2019.8.20.127-134.
Texte intégralRésumé :
Purpose. The purpose of the article is to study the content and comparative analysis of the mechanisms for the use of asthma in France, the Benelux countries, Germany, Italy, Portugal, Russia, as well as its regulation by EU legislation. Method. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The study used the principles of objectivity and integrity, as well as general scientific, special legal and philosophical methods of scientific knowledge: induction, deduction, analysis, synthesis. Comparative, functional and legal. Results: The study found that an asthma was a means of influencing a debtor to fulfill his obligations voluntarily. This remedy is based on the idea that the prospect of paying a higher sum than that arising from the obligation should force the debtor to execute the decision without delay. Over time, the use of astringent has proven to be particularly effective in enforcing binding decisions and in taking action to secure a claim or evidence. An asterant is an indirect way of enforcing a judgment and acts as an influence or pressure on the obliged party to enforce the court decision. In this case, the payment of the asthma does not release the debtor from the obligation, which is confirmed by the executive document. Scientific novelty. Analyzing the international experience, it is argued that it is advisable to use the astringent procedure in the Ukrainian civil law. Practical significance. The results of the study can be used in law-enforcement and law-enforcement activities in the investigation of crimes related to financial misconduct.
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Huang, Xiaoqing. « Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information : EU Data Protection Rules and Cases ». Intertax 46, Issue 3 (1 mars 2018) : 225–39. http://dx.doi.org/10.54648/taxi2018024.
Texte intégralRésumé :
With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying the interrelationships between rules in EU Directives regarding administrative administration and those regarding data protection. Moreover, relevant Court of Justice of the European Union (CJEU) case law will be discussed in light of the afore-mentioned rules, highlighting the insufficiencies of prevailing AEOI legislation in ensuring proportionality and taxpayer protection in third countries. Finally, the newly adopted General Data Protection Regulation will be assessed.
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Pozniak, E., et T. Sharaievska. « THE LEGAL ISSUES AND PROSPECTS FOR THE ENVIRONMENTAL MONITORING DEVELOPMENT IN UKRAINE IN LIGHT OF INTERNATIONAL COOPERATION AND EUROINTEGRATION ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no 108 (2019) : 31–42. http://dx.doi.org/10.17721/1728-2195/2019/1.108-5.
Texte intégralRésumé :
Constitutionally guaranteed validity of international treaties, ratified by the Verkhovna Rada of Ukraine and the fact that they are appeared to be a part of national legislation determines the relevance of international legal approaches in the development of national environmental legislation. The article analyses the international environmental monitoring regulations in order to implement their provisions into Ukrainian environmental legislation. The authors propose the new ways of the environmental science development and amendments to the national legal regulations in the field of environmental monitoring. The article investigates European approaches to legal regulation of relations on the implementation of environmental monitoring in order to adapt national environmental legislation to the legislation of the European Union and to eliminate deficiencies and gaps. The purpose of this article is to study the legal nature of environmental monitoring with the help of sources of international environmental law and environmental law of the European Union, cooperation of the countries of the world with the participation of Ukraine. The objective of this article is making proposals regarding the consideration of European legal and international approaches to the regulation of relations on the implementation of environmental monitoring in the current legislation of Ukraine. In order to improve legal regulation of environmental monitoring in Ukraine, it is suggested to support the adoption of the Law of Ukraine on Environmental Monitoring; to eliminate the fragmentation in the creation of subordinate regulatory mechanism for of environmental monitoring; to continue the research in the field of international environmental law implementation, taking into account European approaches. The methodological basis of the study comprises general scientific and special cognitive methods: formal-logical and logical-semantic methods, a method of system analysis and a method of interpretation of legal norms are used. These methods application contributes d to substantiating proposals for improving the provisions of the current Ukrainian legislation in the field under study.
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Puetz, Achim. « ‘Extraterritoriality’ in European Law : Airfreight and Beyond ». Air and Space Law 46, Issue 6 (1 novembre 2021) : 763–84. http://dx.doi.org/10.54648/aila2021048.
Texte intégralRésumé :
Air carriers operate, almost by definition, in an international environment. Under air services agreements (ASAs) concluded by European Union (EU) Member States with third countries, with or without the involvement of European institutions, many non-EU airlines offer flights to or from the Union. However, the correlative increase in competition has not only positive effects, e.g., a wider offer and more advantageous flight rates. The fact that the obligations imposed on – and, in general, the conditions applicable to – non-European carriers in their respective countries of origin are different from those that weigh on European airlines leads to situations in which EU and non-EU carriers do not compete on equivalent terms. Furthermore, anticompetitive behaviour on the part of the airlines cannot be ruled out. The question then is whether and to which extent European legislation is applicable to non-EU carriers, both in terms of competition law and sector-specific regulations. The present article aims at reviewing the current state of ‘extraterritorial’ application of European law, mainly from an antitrust perspective, and it does so on the basis of a thorough analysis of a case currently pending before the General Court (GC), where the jurisdiction of the Commission has been challenged precisely for sanctioning non-EU carriers for acts performed outside the Common Market. Carriage by Air, Competition law, Jurisdiction, Extraterritorial Application of European Law, Air Services Agreements
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Busardò, Francesco Paolo, Matteo Gulino, Simona Napoletano, Simona Zaami et Paola Frati. « The Evolution of Legislation in the Field of Medically Assisted Reproduction and Embryo Stem Cell Research in European Union Members ». BioMed Research International 2014 (2014) : 1–14. http://dx.doi.org/10.1155/2014/307160.
Texte intégralRésumé :
Medically Assisted Reproduction (MAR), involving in vitro fertilisation (IVF), and research on embryos have created expectation to many people affected by infertility; at the same time it has generated a surplus of laws and ethical and social debates. Undoubtedly, MAR represents a rather new medical field and constant developments in medicine and new opportunities continue to defy the attempt to respond to those questions. In this paper, the authors reviewed the current legislation in the 28 EU member states trying to evaluate the different legislation paths adopted over the last 15 years and highlighting those EU countries with no specific legislation in place and MAR is covered by a general health Law and those countries in which there are no laws in this field but only “guidelines.” The second aim of this work has been to compare MAR legislation and embryo research in EU countries, which derive from different origins ranging from an extremely prohibitive approach versus a liberal one, going through a cautious regulatory approach.