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1
Rudik, Oleksandr. "Better regulation in the EU and its member states: experience for Ukraine." Public administration and local government, no. 4(43) (December 25, 2019): 20–30. http://dx.doi.org/10.33287/101903.
Повний текст джерелаАнотація:
The article examines the experience of better regulation in the EU and its member states. The European Union and the 28 EU member states show a strong political commitment towards regulatory reform. In the European Union, regulatory policy has progressed under the better regulation agenda and played a crucial role in shaping the current regulatory processes. At the same time, all EU member states have adopted an explicit policy to promote the quality of regulations. To this end, the author analyses the key findings of the Organization for Economic Cooperation and Development (OECD) 2019 report «Better Regulation Practices across the European Union». In the report the OECD has analysed the application of all 28 EU member states’ regulatory management tools to EU-made laws and regulations. The article also gives examples of the best regulatory practices of the EU member states such as Austria, Belgium, Croatia, Germany, Ireland, Italy, Malta, the Netherlands, Slovakia, Sweden, the United Kingdom. The article concludes that the experience of the EU and its member states in developing and implementing a better regulation policy, in particular the better regulation agenda, is beneficial for Ukraine. In this regard, the article highlights the following legislative and institutional components of this experience: stakeholder engagement in the process of policymaking and regulatory policy implementation by automatically publishing of draft regulatory acts and accompanying impact assessments on the specially designed interactive government portal; highlighting the preliminary and final stages of regulatory impact assessment of all regulations, except for deregulatory and low-cost measures, thereby taking into account stakeholder comments; regular and systematic conduct of ex ante and ex-post evaluation of laws and regulations on the basis of a specially developed sound evidence-based methodology; conducting of regulatory impact assessment and stakeholder engagement during the process of EU directives transposition into member states’ national legislation; introduction of systematic regulatory oversight and quality control of regulatory management tools, which should cover not only regulatory impact assessment practice but also stakeholder engagement.
2
Bossuyt, Fabienne, and Dmytro Panchuk. "The Participation of CEECs in EU Twinning Projects: Offering Specific Added Value for EU Transgovernmental Cooperation in the Eastern Neighbourhood?" East European Politics and Societies: and Cultures 31, no. 2 (February 2, 2017): 334–59. http://dx.doi.org/10.1177/0888325416687638.
Повний текст джерелаАнотація:
Focusing on European Union (EU) Twinning projects in Azerbaijan and Ukraine, this article explores whether EU member states from Central and Eastern Europe (CEECs) offer specific added value for the implementation of EU Twinning projects in the Eastern neighbourhood compared to the older member states. An added value refers to the combined comparative advantages of a group of member states for the implementation of a Twinning project, as perceived by project stakeholders. The findings largely confirm our hypothesis that CEECs mostly offer country-specific comparative advantages, rooted in their recent transition and accession experience, socio-linguistic proximity, and shared historical legacies with the Eastern neighbourhood. In turn, the older member states are perceived to offer mainly sector-specific comparative advantages owing to their institutional experience, sectoral fit, existing sectoral networks in the Eastern neighbourhood, and prior Twinning experience in other countries.
3
Bratsuk, Ivan, and Svyatoslav Kavin. "Legislative principles of information security provision in the European Union member states." Vilnius University Open Series, no. 6 (December 28, 2020): 18–28. http://dx.doi.org/10.15388/os.law.2020.2.
Повний текст джерелаАнотація:
The article is dedicated to the study of the information security provision in the EU Member States in the context of analyzing their state programs, national programs as well as regulatory legal acts. This study identifies priorities and gaps in the information security provision in the EU Member States, analyzes special features of the institutional and legal mechanism of information security in the EU Member States in the context of the multi-vector international security system. The expediency of developing an integral coordinated information policy of the EU Member States, aimed at unification of the approaches to information security, is substantiated, as well as the experience of the EU Member States in this field aimed at improving the domestic regulatory framework of information security provision is studied.
4
Petrylaité, Daiva. "The Right to Strike in EU Member States: A Comparative Overview with Particular Reference to Lithuania." International Journal of Comparative Labour Law and Industrial Relations 26, Issue 4 (December 1, 2010): 421–34. http://dx.doi.org/10.54648/ijcl2010026.
Повний текст джерелаАнотація:
In all European Union (EU) Member States, the right to strike is an important part of collective action in labour disputes for employees to protect their lawful interests. In a comparative perspective, this article analyses the theoretical and practical aspects of the right to strike in individual Member States, legal regulations specifically dealing with this right, implementation provisions, and procedures for calling strikes. This article provides a comparison between a number of EU Member States and examines the experience of old and new EU Member States, with particular reference to recent developments in Lithuania.
5
Demedyuk, Olha, and Khrystyna Prytula. "Cross-border approach to regions’ smart specialization: experience of the EU member states." Journal of Vasyl Stefanyk Precarpathian National University 7, no. 3 (November 30, 2020): 36–48. http://dx.doi.org/10.15330/jpnu.7.3.36-48.
Повний текст джерелаАнотація:
In the recent decade, the EU Member States have been actively implementing the regional development policy based on innovative strategies of smart specialization. However, lately, European researchers have been paying increasing attention to the issues of regions’ capacity to overcome the boundaries of administrative units inside the country and abroad and to the need to consider regions in the context of their functioning among others, especially from the viewpoint of the growing role of their innovative networks in global value chains. That is why currently the EU is addressing the development of cross-border smart specialization strategies.
The paper aims to study the European experience on the functioning of cross-border innovation systems and joint strategic planning of cross-border regions’ development based on smart specialization and to outline the opportunities to implement the EU experience of cross-border approach to smart specialization in cross-border regions of Ukraine with EU Member States.
The paper analyzes the views of foreign researchers on the links between innovation systems in cross-border space that constitute the theoretical basis of the study of cross-border smart specialization strategies, namely regarding the dimensions and level of their development. The research of European scientists on cross-border innovation systems in specific cross-border regions is examined, in particular on Spanish-French and German-French borders.
Directions of implementation of smart specialization projects in cross-border context under the EU programs and other EU instruments that support regions in cooperation for the elaboration of joint view of development with neighbouring economically, socially, culturally, and historically close regions are outlined.
The experience and methodology of the first cross-border smart specialization strategy for Spanish and Portuguese regions are studied in detail.
The opportunities to use the EU experience by several Western Ukrainian regions based on the joint smart specialization priorities with the neighboring EU states are outlined. For this purpose, 1) the RIS3 strategies of the regions of Poland and Romania adjoining Ukraine and Regional Development Strategies of respective Ukrainian regions were analyzed to detect similar smart specialization priorities; 2) the clusters in the mentioned regions were analyzed as main drivers of achievement of smart specialization goals to detect similar or complementary functioning areas.
6
Ladychenko, Viktor, Olha Melnychuk, Liudmyla Golovko, and Oksana Burmak. "Waste Management at the Local Level in the EU and Ukraine." European Journal of Sustainable Development 9, no. 1 (February 1, 2020): 329. http://dx.doi.org/10.14207/ejsd.2020.v9n1p329.
Повний текст джерелаАнотація:
The purpose of this article is to provide an overview of theoretical and practical issues related to the implementation of the responsibilities of bodies of local self-government for the management of solid municipal waste according to the Waste Framework Directive. Experience of EU Member States in this sphere was studied. The state of adaptation of Ukrainian legislation to the requirements of the European Union in the field of waste management has been investigated and proposals for implementation of experience of EU member states were made.
Keywords: EU waste policy, EU law, waste management, municipal waste, adaptation of Ukrainian legislation to EU law
7
Kużelewska, Elżbieta, and Agnieszka Piekutowska. "The EU Member States’ Diverging Experiences and Policies on Refugees and the New Pact on Migration and Asylum." Białostockie Studia Prawnicze 26, no. 1 (March 1, 2021): 23–36. http://dx.doi.org/10.15290/bsp.2021.26.01.02.
Повний текст джерелаАнотація:
Abstract The refugee crisis in 2015 revealed the lack of solidarity and the divergent migration policies of the EU Member States. It showed clearly that when faced with the problem of migration, the EU countries fail to cooperate and support one another. The EU Member States with more experience with migration coped better and were more open to migrants. The South European countries took in a huge inflow of migrants and expected (in vain) support from other EU members. The countries of Central and Eastern Europe were unwilling to receive refugees. These diverging approaches to refugees presented by particular Member States resulted in the New Pact on Migration and Asylum, which was adopted by the European Commission in September 2020.The purpose of the pact was to provide humanitarian aid to migrants, since one of the human rights is the right to migrate, but it was not its only objective. The New Pact on Migration and Asylum was supposed to be a guarantee of solidarity and efficient management of the migration process.
8
Valantiejus, Gediminas. "Legal Aspects of the Implementation of European Union’s Common Commercial Policy: Lithuanian Experience and Practice." Economics and Culture 13, no. 2 (December 1, 2016): 61–76. http://dx.doi.org/10.1515/jec-2016-0008.
Повний текст джерелаАнотація:
Abstract The Common Commercial Policy is the essential basis of the European Union (hereinafter - the EU), which, in particular, is a free trade area between the 28 Member States with a common external customs tariff and a common foreign trade policy as well as common trade rules with the third countries. Implementation of this policy is characterized by the fact that it is based on an exclusive competence of the EU, which after the Treaty of Lisbon (2009) became even more apparent. Therefore the countries of the EU should follow the same legal principles and rules in the regulation of their foreign trade, that is to apply the uniform EU rules on the calculation of customs duties and determination of the customs origin of goods, customs valuation and tariff classification of goods (Common Customs Tariff). However, implementation of these provisions is always experiencing stress due to the different interests of the EU Member States and the different national practices, especially when the administration of customs duties is actually implemented only at the level of individual EU Member States. Therefore the aim of the article is to assess the implementation of the EU’s CCP from the perspective of the EU Member State (Lithuania) and to describe existing discrepancies which may serve as an obstacle for the development of common regulatory regime for import customs duties in the EU or hinder its main economic goals in international trade. Analysis of relevant scientific problems is mainly based on the comparative method (comparison of the practice of the national courts in the Republic of Lithuania and the Court of Justice of the European Union in disputes related to the functioning of the EU's customs union) and generalization of professional experience (national and EU judicial practice). The research leads to the conclusion that a uniform implementation of Common Commercial Policy and the Common Customs Tariff, as its main element, is not fully ensured on the practical level from the perspective of certain Member States (i.e. Lithuania).
9
Lightfoot, Simon, Balázs Szent-Iványi, and Kataryna Wolczuk. "Mesmerized by Enlargement." East European Politics and Societies: and Cultures 30, no. 3 (February 19, 2016): 664–84. http://dx.doi.org/10.1177/0888325416632041.
Повний текст джерелаАнотація:
The accession of the East-Central European (ECE) countries carried a promise of enhancing and enriching the EU’s Eastern policy. The new member states had the strongest interests among EU member states to ensure that countries in the East are prosperous, stable, and democratic. Yet, the EU’s Eastern policy has been largely criticised for its ineffectiveness. So why have they not been able to address the shortcomings in the EU’s Eastern policies? The article argues that the ECE countries supported the way the EU’s Eastern policies were conceived and implemented because they saw it as a potent vehicle to promote their own transition experience not only in the region but also within the EU. We argue that the ECE states have experienced three types of challenges when promoting their transition experience. First, uploading to the EU level remained largely at a rhetorical level. Second, there are conceptual and practical difficulties in defining what constitutes transition experience and harnessing it, as well as coordinating its transfer between the ECE states. Finally, while using transition experience as the basis for their development assistance strategies, the ECE countries actually insufficiently conceptualised the “development” aspect in these policies. Being so driven by their own experience, they have not drawn the lessons from enlargement to use in a non-accession context, especially by incorporating the broader lessons with regard to development.
10
Hojnik, Janja. "Slovenian Ten-Year Experience with the EU Internal Market." European Business Law Review 26, Issue 4 (August 1, 2015): 613–29. http://dx.doi.org/10.54648/eulr2015029.
Повний текст джерелаАнотація:
On May 1st, 2014 Slovenia, together with nine other Member States, completed their first decade in the EU – which also entails a decade of adjustments to the principles of the internal market. Based on EU Court of Justice case law, Slovenia is not among the most serious of offenders of internal market rules for it was found to be in breach of these on a single occasion. Even so, practice shows that companies as well as state authorities are often poorly informed about EU internal market rules, which creates barriers nobody is acting against. Examples are numerous in various fields of the internal market and prove that Slovenian businesses as well as authorities are often not truly aware of the internal market yet, but also authorities of other Member States frequently do not regard Slovenia as a participant of the internal market, thereby creating barriers that are not compatible with the internal market.
11
Davymuka, Stepan, Vasyl Kuybida, and Lyubov Fedulova. "Trends of new regional policy development in EU member states." Regional Economy, no. 1(91) (2019): 76–87. http://dx.doi.org/10.36818/1562-0905-2019-1-9.
Повний текст джерелаАнотація:
Slow transformations in socio-economic development of Ukrainian regions in the context of public authorities’ decentralization policy show poor efficiency of both state regional policy in general and regional policies of territories’ development in its former forms. This activates discussions and search for more efficient and adequate approaches to management of spatial development in the context of implementation of European integration course, taking into account the experience of European Union. The paper aims to outline the nature of modern role of regions in the context of regional policy and to reveal and explain the trends of practical implementation of new regional policy in the EU with further development of recommendations for authorities to be considered in strategic governance of territorial development in Ukraine. The nature of modern role of regions in the context of regional policy is outlined and conceptual foundations of new EU regional policy are defined. Special attention in paid to the increasing role of local actors and public authorities’ decentralization in the process of regional development governance. The trends of forming and implementation of new regional policy in the EU are revealed and specified, including the compliance with the established European values, interrelation between the goals of the policies of EU regions and cities with stimulation of economic growth and improvement of the quality of life based on strategic investment; structural changes in forming of European budget, innovative imperative of EU regional development and strengthening of external integration of regions. Based on the analysis of European experience, the lessons for authorities responsible for state regional policy of Ukraine are outlined. Targeted recommendations for state authorities are suggested to be taken into account in the process of forming and implementation of regional development strategy in conditions of decentralization of authorities and ongoing European integration processes. Special role is paid to the need to apply “soft” measures of regional policy that contribute to more extended attraction of informal institutes and creation of conditions for involvement of all regional actors into the process of making and accomplishment of management decisions.
12
Skjærseth, Jon Birger. "The European Commission’s Shifting Climate Leadership." Global Environmental Politics 17, no. 2 (May 2017): 84–104. http://dx.doi.org/10.1162/glep_a_00402.
Повний текст джерелаАнотація:
The European Commission has played a crucial role in promoting ambitious EU climate targets and policies that boost the credibility of EU leadership-by-example efforts internationally. The approach has gradually shifted from leadership toward more strategic behavior that reflects the preferences of the member states. Reduced uncertainty concerning member-state preferences and solutions accounts for much of the change in leadership. Uncertainty has decreased as climate policies have become more mature and member states have gained experience from implementing them. Asymmetries in member-state preferences, decision-making procedures, and impatience caused by the international context are all important conditions for the European Commission’s leadership. These observations lend support to apparently contradictory theories that have seen EU climate policy as propelled either by autonomous supranational institutions or by increasingly ambitious member states.
13
Oplotnik, Žan Jan, Borut Vojinović, and Sanjaya Acharya. "Cross Border Economic Convergence and EU Integration Process." Lex localis - Journal of Local Self-Government 9, no. 2 (April 18, 2011): 179–203. http://dx.doi.org/10.4335/9.2.181-205(2011).
Повний текст джерелаАнотація:
The real benefits of integrating different economic areas and regions into one common economic, monetary, and sometimes also fiscal area are among the most important issues to be resolved because the win-win situation for all participants should prevail unless the Member States or local authorities lose their interest in further participation. In this study, we compare the speed and the real benefits of economic integration between the three groups of Member States that emerged following the last big EU enlargement. The first group is composed of the so-called old EU Member States. The second group represents the countries that achieved full membership in 2004 (the so-called new Member States), and in the third group, there are the countries that are now in the negotiation process for EU membership. We then draw from the experience of these new Member States to derive implications for a possible new round of EU enlargement. The conclusion of this paper is therefore supposed to be some kind of direction for the new candidate countries. The results offer an answer to the question of what degree of convergence the new EU10 Member States reached within certain macroeconomic fundamentals during the period of their accession negotiations.
Keywords: • economic convergence • EU integration • transition economies • integration • EU accession • economic trends
14
Säär, Anni, and Addi Rull. "Technology Transfer in the EU: Exporting Strategically Important ICT Solutions to Other EU Member States." Baltic Journal of European Studies 5, no. 2 (October 1, 2015): 5–29. http://dx.doi.org/10.1515/bjes-2015-0011.
Повний текст джерелаАнотація:
Abstract The fast development of ICTs pose new challenges to the European Union and its Member States. Every EU country has its own policies regarding technology transfer, ownership of state e-services, and the possibilities how the state-owned or licensed e-service could be exported. Taking into account the free movement of goods, the EU has created a platform to cooperate and export IT solutions. However, the lack of preparedness of infrastructures, legislation and stakeholders for cross-border exchanges poses a threat to IT transfer and should be taken into consideration in the EU as well. In the coming decades the number of outsourced ICT solutions, strategically important ICT solutions, public services and critically important information exchange platforms developed on behalf of the states, will grow exponentially. Still, digital development is uneven across the EU, they grow at different speeds and the performance is quite splintered. There are legal provisions which are outdated and therefore impede technological cooperation and export of IT solutions. A Member State may restrict the ICT licensing based on national security and policy reasons and the ownership of intellectual property might pose a threat to technology transfer or further development of the IT solution. There are examples of strategically important export of ICT solutions, the experience at which can be expanded to cover other EU Member States. Strong collaboration would enable mutual learning from past experiences along with the opportunities for better use of technology. Parallels can be drawn with military technology transfers, as the policies and legal framework was first developed and mostly used with them.This introduces a question of what are the conditions for exporting strategically important ICT solutions from one Member State to another, given that there is no common legal framework developed yet, and who should decide whether to transfer or not?
15
Masyk, Yu. "Analysis of the European integration process Baltic countries: experience for Ukraine." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 2(46) (December 14, 2020): 22–27. http://dx.doi.org/10.20535/2308-5053.2020.2(46).226606.
Повний текст джерелаАнотація:
The article analyzes the peculiarities of the integration of Latvia, Lithuania and Estonia into the European Union. The stages are highlighted, the principles and mechanisms of the European integration policy of the Baltic States are clarified. The problems of Ukraine's adaptation to the requirements of the European Union, in particular the conditions of the Copenhagen criteria, ways to use the relevant experience of Latvia, Lithuania and Estonia are revealed. Recommendations for further rapprochement of Ukraine with the EU are considered.
The accession of dozens of new countries to the EU in May 2004 marked a qualitatively new stage in the integration process both in Europe and in the world. As a result of the largest enlargement of the European Union, the state of the economy in the old member states has changed significantly, but rather it has had decisive consequences in all areas of the economy for the new member states. Analysis of the positive and negative phenomena that accompanied the enlargement of the EU is important for countries that have or are considering joining the EU in the future, in the formation of long-term economic policy and deciding on the directions of their integration. The closest to Ukraine in terms of development in the EU are the countries of Central Europe and the Baltics, so their experience will be useful for our country.
Integration with the European Union was less difficult for the three Baltic states than for many other accessing countries, due to their strong social impetus to join Western political, economic and legal culture after they regained their independence from the Soviet Union in 1990. However, the accession of Estonia, Latvia and Lithuania had several distinctive features related to constitutional origin and institutions, which had a strong impact on the resolution of problems between the government and the EU institutions. The path taken by the Baltic countries upon accession to the EU was difficult and their role in the EU was not easy. Today, the EU-related agenda requires more skills than ever before in finding allies and choosing partners.
16
Kemény, Gábor, and Michal Vít. "Contradictions in Frontex Operations: the Push-back." Magyar Rendészet 20, no. 4 (2020): 85–92. http://dx.doi.org/10.32577/mr.2020.4.5.
Повний текст джерелаАнотація:
The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.
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Ibrahim, Mustapha D., Mevhibe B. Hocaoglu, Berna Numan, and Sahand Daneshvar. "Estimating efficiency of Directive 2011/24/EU cross-border healthcare in member states." Journal of Comparative Effectiveness Research 7, no. 8 (August 2018): 827–34. http://dx.doi.org/10.2217/cer-2018-0027.
Повний текст джерелаАнотація:
Aim: Directive 2011/24/EU on patients’ rights in cross-border healthcare facilitates EU citizens' access to and reimbursement for healthcare provided or prescribed in a member state other than the member state of affiliation. Materials & methods: The efficiency of cross-border healthcare policy is evaluated using data envelopment analysis of relevant items in Eurobarometer Survey on Safety and Quality of Care and Patients’ Rights in the EU. Results: Our study shows policy inefficiency in 52% of the 25 EU member states included in the analysis. Addressing difficulties patients encounter while seeking reimbursement from their national health service or health insurer and reducing the number of adverse events patients experience when receiving healthcare improves policy efficiency. Conclusion: Our findings confirm that there is country-level variation in cross-border healthcare policy efficiency.
18
Török, A., and A. Jámbor. "Agri-food trade of the new member states since the EU accession." Agricultural Economics (Zemědělská ekonomika) 59, No. 3 (April 3, 2013): 101–12. http://dx.doi.org/10.17221/110/2012-agricecon.
Повний текст джерелаАнотація:
In 2004 and 2007, twelve New Member States (NMS) joined the European Union (EU), causing several changes in the field of agriculture. One of the major changes was the transformation of the national agri-food trade. The aim of the paper is to analyse the effects of the EU accession on the NMS agri-food trade, especially considering the revealed comparative advantages. The results suggest that the intensity of the NMS agri-food trade has increased significantly after the accession, though there was a serious deterioration in the NMS agri-food trade balance in most cases. It has also become evident that the NMS agri-food trade was highly concentrated by country and by product, though the concentration has not changed significantly after the EU accession. Moreover, our analyses highlight one of the most important characteristics of the NMS agri-food trade structure – the focus on the agri-food raw materials in export together with the agri-food processed products in import. As to the NMS agri-food trade specialisation, the diversity among member states becomes apparent. Almost all countries experienced a decrease in their comparative advantage after the accession, though it still remained at an acceptable level in most cases. As for the stability of the comparative advantage, the results suggest a weakening trend, underpinned by the convergence of the pattern of revealed comparative advantage. By estimating the survival function to the sample, it can be observed that the accession has radically changed the survival time of agri-food trade, meaning that the revealed comparative advantage has not turned out to be persistent in the period analysed. From the policy perspective, there is a clear need for structural changes in the NMS agriculture and agri-food sector in order to tackle the negative tendencies of the national agri-food trade. The most important long-term goal should be the production and export of higher value-added processed products based on domestic raw materials.
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Rollis, Ivo, and Zaneta Ozolina. "EUROPEANIZATION OF UKRAINE’S EXECUTIVE POWER (Lessons of the Central and Eastern Europe’s EU Member States)." Actual Problems of International Relations, no. 140 (2019): 15–26. http://dx.doi.org/10.17721/apmv.2019.140.1.15-26.
Повний текст джерелаАнотація:
The article addresses main OECD SIGMA recommendations regarding national European Union (EU) policy co-ordination in Ukraine and provides relevant lessons from Latvia and other EU Central and Eastern Europe (CEE) Member States in addressing similar challenges from the EU pre-accession and post-accession experience. Efficiency of a national policy co-ordination is one of the core determinants to succeed europeanization of a national core executive power and further integration with the EU. The OECD SIGMA Baseline Measurement Assessment Report on Principles of Public Administration in Ukraine published in June 2018 reveals important concerns in steering and co-ordination of some reform initiatives, overlapping competences of public bodies in co-ordinating policy planning and implementation monitoring of the Government’s performance in public sector reforms. Effective implementation of national reforms is vital also in the terms of implementation of the Ukraine–EU Association Agreement (AA) that entered into force on September 1, 2017 and Actual problems of international relations. Release 140. 2019 16 requires a high level of coordination in the Ukrainian government. Relevant national EU policy co-ordination experience of the EU CEE Member States is revisited as a possible lesson for Ukraine in implementation of essential structural reforms on the national level. Key words: europeanization, Association Agreement, principles of public administration, national policy co-ordination, policy planning
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Dubowski, Tomasz. "Local Border Traffic – European Union and Member States’ Perspective (based on Polish Experience)." European Journal of Migration and Law 14, no. 4 (2012): 367–91. http://dx.doi.org/10.1163/15718166-12342014.
Повний текст джерелаАнотація:
Abstract In December 2006 the European Parliament and the Council adopted a regulation concerning the rules on local border traffic (LBT). It may seem that this interesting mechanism remains outside the main stream of consideration devoted to the EU migration policy sensu largo. LBT appears to be, however, an important factor determining the whole system of Union’s external borders and a significant element of border relations between the Member States and third countries as well. At the same time LBT should be perceived multi-dimensionally and may be treated as one of these EU law institutions which concentrates in itself the tangential points of spheres seemingly distinct. In this article LBT will be analysed from two different perspectives: from the perspective of the Union and its area of freedom, security and justice (AFSJ) as well as its external action. It will be also analysed from the perspective of the Member States and their bilateral relations with neighbouring countries. The latter issue will be illustrated by Polish experience in this respect, which may tell something more about LBT eastern dimension.
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Jabłoński, Michał. "The Danger of So-Called Regulatory ‘Gold-Plating’ in Transposition of EU Law – Lessons from Poland." Studia Iuridica 71 (November 20, 2017): 73–90. http://dx.doi.org/10.5604/01.3001.0010.5815.
Повний текст джерелаАнотація:
Ukraine, just like Poland over thirteen years ago, is on its route to integration with the EU, which would also require a transposition of EU law into the domestic legal system. In fact, the experience of Poland and other Member States shows that transposition of EU law gives rise to several issues. One interesting aspect concerns so-called gold-plating – that is domestic legislation than goes beyond the requirements set forth in EU law. Usually, it results in a greater regulatory burden imposed on entrepreneurs. The paper discusses three examples of such gold-plating regulations in Polish law – being a consequence of implementation of the EU law. Generally speaking, gold-plating is a negative and unwelcome phenomenon. There exists extensive research that shows the cost of gold-plating for the Member States’ economies. Some of the Member States have introduced regulatory policies in order to avoid gold-plating. The analysis shows that there are several actions that need to be performed to restrict the incidence of gold-plating.
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Zavgorodnia, Svitlana. "INSTITUTIONAL PRINCIPLES FOR DETERMINING CONSUMERS BEYOND ENERGY POVERTY: INTERNATIONAL EXPERIENCE AND UKRAINIAN REALITIES." Strategic Panorama, no. 1-2 (December 15, 2019): 73–85. http://dx.doi.org/10.53679/2616-9460.1-2.2019.07.
Повний текст джерелаАнотація:
The list of seventeen global Sustainable Development Goals (SDGs) for the period up to 2030 is presented in an official document of the UN General Assembly. All countries, including Ukraine, are trying to reach them. To this end, the National Report «Sustainable Development Goals: Ukraine» was prepared, which, taking into account the peculiarities of national development, highlights the results of adaptation of global CSWs, including those related to ensuring access to affordable, reliable, sustainable and modern energy sources.
To overcome the problems associated with access of certain categories of consumers to the most important energy services of adequate quality at affordable prices, the transactions of the Third and Fourth Energy Packages of the EU set general provisions for all EU Member States on overcoming energy poverty. They set common goals for all EU member states to form the institutional framework for tackling energy poverty consumers, and for each Member State, it is provided the independent development of institutional frameworks for identifying consumers below energy poverty and implementing measures to tackle it. Given the above the purpose of the study is to analyze the experience of individual EU member states in the formation of these principles, especially the development of norms, rules, missions (roles) of public administration to implement public administration activities to identify consumers outside the energy poverty.
The study found that Italy and Ireland have now established basic rules and regulations for identifying consumers who are below the poverty line. Appropriate methodologies and criteria have been developed, in particular regarding the expediency of taking into account informal norms, as well as the organizations that are working to address these issues have been identified. At the same time, in Greece and Latvia, the need to form an institutional framework for identifying consumers who are below the poverty line is only normatively declared.
Due to the fact that about a quarter of households in Ukraine did not have enough funds to maintain a sufficiently warm temperature in their homes during the heating season, the institutional framework for identifying consumers below the energy poverty line is not currently formed. At the same time, only institutional principles are being formed, which relate to the identification of vulnerable consumers of energy resources, as well as their protection. Therefore, given the common goals for all EU member states to form the institutional framework for overcoming energy poverty, and separately for each Member State it is provided the independent formation of institutional frameworks relating to the identification of consumers below the energy poverty, this issue is relevant for Ukraine.
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Zoričić, Zdenka Obuljen, Boris Cota, and Nataša Erjavec. "Financial Liberalization and Current Account Developments in New EU Member States." Zagreb International Review of Economics and Business 23, no. 1 (May 1, 2020): 141–54. http://dx.doi.org/10.2478/zireb-2020-0009.
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AbstractDue to negotiations on accession to the EU, the new EU member states from Central and Eastern Europe went through the financial opening. In the pre-crisis period followed by high liquidity in global markets, most of the EU new member states experienced rapid credit growth, which conditioned the appreciation of the exchange rate. External imbalances and vulnerabilities built up. Countries experienced deterioration in their current accounts. This paper investigates the link between financial openness, real effective exchange rate, financial crisis and current account balance within the Panel Auto-Regressive Distributed Lag (ARDL) framework for 11 new European Union members during the period from 1999 to 2016. The results obtained by the use of pooled mean group estimator (PMG) show that in the long run, financial openness has a significant negative impact on the current account balance. In the short run, crisis significantly influences the current account balance having a positive sign.
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Konečný, Ondřej. "The Leader Approach Across The European Union: One Method of Rural Development, Many Forms of Implementation." European Countryside 11, no. 1 (March 1, 2019): 1–16. http://dx.doi.org/10.2478/euco-2019-0001.
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Abstract After the accession of the ten new member states to the EU in 2004 and the following membership of Bulgaria and Romania in 2007, the (neo)endogenous development method LEADER has become pan-European. LEADER was implemented in all EU countries in the period 2007–2013, however, its application and potential to impact rural areas differed from country to country. Therefore, the aim of the article is to describe these differences on the basis of support outputs of LEADER under Axis 4 of the Rural Development Programs in 2007–2013. Respecting different path dependencies of the EU states, the article demonstrates the differences in the implementation of this method in two basic territorial units of the EU member states according to the length of the EU membership, as well as the length of experience in implementation of the LEADER method. The scope of LEADER implementation and the potential impact significantly differed between the old and new member states, and the internal heterogeneity of groups is also evident. On the one hand, lack of embeddedness of the method is manifested among the EU12 states (the need for dynamic growth of institutional capacity), on the other hand, socio-economic and political factors modify scope, potential impact and way of implementation of the method in individual countries.
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Rohen, Mechthild, and Thanassis Chrissafis. "European eParticipation developments: from ad hoc experiences towards mass scale engagement." JeDEM - eJournal of eDemocracy and Open Government 2, no. 2 (September 21, 2010): 89–98. http://dx.doi.org/10.29379/jedem.v2i2.44.
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This article looks at the challenges surrounding the development and mainstreaming of actions in the area of eParticipation in the EU. It analyses the experience of recent years, especially the ones from the eParticipation Preparatory Action, and looks at the latest policy initiatives which affect further developments in Member States and the EU.
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Sunko, Tomislav, Luka Minahović, and Ivica Kodžoman. "Readiness of the Croatian Navy in Case of Migrant Crisis Escalation at Sea." Journal of Maritime & Transportation Science 3, no. 3 (June 2020): 103–15. http://dx.doi.org/10.18048/2020.00.07.
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Migrant crisis which escalated in 2015 represents humanitarian and security challenge for European Union (EU) member states. Protection of the EU outer borders, as well as national one, has become priority task for all EU member states in order to preserve their political and cultural identity. This paper analyses the Croatian Navy (CN) capabilities in case of the migrant crisis escalation at sea, in order to protect national waters. The expected effect is to indicate that, considering their capabilities and experience, the Croatian Navy is capable of fulfilling the mission. Authors of the article investigated potential security threats in the area of responsibility of the Croatian Navy. This paper presents the possibility of an efficient response to possible challenges.
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Witkowska, Janina. "Intra-EU Capital Movements: Ten Years Of Poland’s Experiences As An EU Member In The Global Context." Comparative Economic Research. Central and Eastern Europe 18, no. 3 (September 25, 2015): 19–35. http://dx.doi.org/10.1515/cer-2015-0019.
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The aim of this paper is to analyse and evaluate the consequences of the establishment of free movement of capital between Poland and the other EU Member States, from the perspective of ten years of Poland’s EU membership. Special attention is paid to the role of intra-EU foreign direct investment (FDI) flows into the Polish economy. The widening of the European Union (EU) in 2004 spurred massive and serious legal and economic adjustment processes in the new EU Member States. The free movement of capital is one part of the socalled ‘four freedoms’ within the single European market, and needed to be established in the relations between the EU-15 and new EU Member States. The new EU Member States were granted a relatively short period of time to make those adjustments. However, the establishment of the free movement of capital between Poland and the rest of the EU did not cause disturbances in its economy. In fact it stabilized some spheres of its economic and social life. The intra-EU FDI inflows may be seen as having facilitated the restructuring processes in the Polish economy. The role of foreign investors in employment and foreign trade is decisive for the stabilization of Poland’s economic situation. The involvement of foreign investors in innovation processes, although growing, has not radically changed Poland’s position in this field. According to the EU innovativeness rankings, Poland belongs to the rank of modest innovators.
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Bojinović Fenko, Ana, and Ana Urlić. "Political Criteria vs. Political Conditionality: Comparative analysis of Slovenian and Croatian European Union accession processes." Croatian International Relations Review 21, no. 72 (February 1, 2015): 107–37. http://dx.doi.org/10.1515/cirr-2015-0004.
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Abstract This study analyses the differences in content and procedure in the application of political criteria and political conditionality in the EU accession processes of Slovenia and Croatia. The article ascertains that with regard to substance, the Commission and EU member states did apply political criteria more extensively and meticulously to Croatia in comparison to Slovenia, but mainly due to the difference in the states’ initial assessment of preparedness for EU membership and the application of the principle of own merits. Empirical results, however, show that the differences in political conditionality did not only stem from Croatia’s post-conflict conditions, but also from the EU’s experience of the 2004 and 2007 enlargements and the concern about the EU’s absorption capacity. As for the accession process procedure, the latter has increasingly empowered the Commission rather than EU member states, which bears relevance for future (Western Balkans) enlargements
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Korotkih, A. "LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES." Social Law, no. 2 (April 26, 2019): 52–57. http://dx.doi.org/10.37440/soclaw.2019.02.07.
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The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusions, the author formulates the final thought about the prospect of Ukraine's borrowing from the experience of regulating the legal liability of civil servants in the EU Member States.
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Savaresi, Annalisa. "The Rise of Community Energy from Grassroots to Mainstream: The Role of Law and Policy." Journal of Environmental Law 31, no. 3 (March 4, 2019): 487–510. http://dx.doi.org/10.1093/jel/eqz006.
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Abstract In recent years, national and subnational law-makers and policy-makers have increasingly adopted measures to stimulate decentralised renewable energy generation, turning local and rural communities into prominent actors in the energy transition. The recast of the EU Renewable Energy Directive follows this trend, prompting all EU Member States to adopt measures to spearhead community energy. Yet to date, only a handful of ‘pioneer’ EU Member States—most saliently Denmark, Germany and the UK—have accrued significant experience with the mainstreaming of community energy. This article reflects on the role of law and policy in turning grassroots community action into a mainstream means for renewable energy generation. It unpacks the regulatory questions underlying the notion of community energy embedded in the Renewables Directive, looking at how these have been addressed in pioneer Member States. This analysis aims to deliver greater understanding of community energy, to highlight gaps in our knowledge of it, and ultimately to identify an agenda for further scholarly enquiry.
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Neszmélyi, Athéné. "Development of and Lessons from the Institution System of the Common Agricultural Policy in Slovenia." Acta Agraria Debreceniensis, no. 14 (September 22, 2004): 43–53. http://dx.doi.org/10.34101/actaagrar/14/3366.
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The comprehensive agricultural policy of Slovenia during the setting-up of its agricultural institutional system for implementation of the Common Agricultural Policy has enabled the setting-up and design of the Paying Agency system to handle national and EU subsidies according to schedule. The country has acted on the advice of the European Union to use the introduction of SAPARD measures as a preparatory and experimental field for utilising subsidies after EU accession. Moreover, in addition to the importance of gaining practical experience in the field of implementation of rural development measures, Slovenia has recognised the necessity to become familiar with the application procedures for obtaining direct payments relevant for the largest group of beneficiaries, farmers. Accordingly, farmers have been practicing for 3 years how to fill in application forms, and have gained important experience before opening the most relevant resources. Also, the advisers supporting farmers to obtain subsidies have been trained during the last 3 years, in order to provide real assistance. EU agricultural subsidies are not divided among the Member States; there will be a strong competition not only with the new Member States, but also with the farmers of the more developed EU-15.Slovenia has done its best in order to launch its farmers – due to the different development levels of the EU-25 Member States – into this very strong competition not like pupils, but at least like mature secondary school students.
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Ladychenko, Viktor, Olena Yara, Olena Uliutina, and Liudmyla Golovko. "Environmental Liability in Ukraine and the EU." European Journal of Sustainable Development 8, no. 2 (June 1, 2019): 261. http://dx.doi.org/10.14207/ejsd.2019.v8n2p261.
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This scholarly work examines the environmental protection legislation of Ukraine and its application in practice, aiming to identify the main challenges it faces in the context of the required harmonization of Ukrainian environmental legislation with EU law according to the Association Agreement, while also making suggestions on how to better respond to these issues. This paper also refers to the experience of EU member states in the field of environmental liability. Legal nature, content and meaning of the criminal liability of legal persons in the environmental sphere according to the law of EU member states were studied in order to determine the appropriateness and mechanism of implementation of such responsibility in Ukraine. Arguments for establishment of criminal liability of legal persons were presented. Keywords: Environmental policy, environmental crime, environmental responsibility, adaptation of Ukrainian environmental legislation to EU standards.
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Fischer-Appelt, Dorothee. "Reforming EU securities laws: the new EU Prospectus Regulation." Journal of Investment Compliance 18, no. 4 (November 6, 2017): 53–58. http://dx.doi.org/10.1108/joic-08-2017-0055.
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Purpose To analyse the changes brought about by the new EU Prospectus Regulation, which replaced the EU Prospectus Directive, which has been the cornerstone of EU securities regulation for over a decade. The Regulation is part of the EU Commission’s plans for a Capital Markets Union launched in September 2015, which is intended to achieve a true single market for capital across the EU and allow companies to access the capital markets in a more cost efficient way. Design/methodology/approach This article discusses the key changes to the European prospectus regime included in the new EU Prospectus Regulation and highlights the changes compared to the old prospectus regime. Findings The new Prospectus Regulation will change current prospectus rules and practice for both equity and debt issuances in several areas and will contribute to a more uniform European prospectus regime. For EU Member States, the format of a regulation (rather than directive) that the new Prospectus Regulation has taken means that there will be much less room for divergence of prospectus rules across its member states. The Regulation’s success in making EU capital markets more uniform will depend to a great extent on whether the application of the new rules by member states’ regulators will be more consistent. Originality/value Key EU securities law changes are explained by an experienced EU and US securities lawyer practising in London.
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Přívara, Andrej, Eva Rievajová, and Adina Barbulescu. "Attracting High Skilled Individuals in the EU: The Finnish Experience." Migration Letters 17, no. 2 (April 2, 2020): 369–77. http://dx.doi.org/10.33182/ml.v17i2.927.
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The ageing population, demographic change and a lack of skilled labour in the EU are increasingly provoking governments to apply direct measures to aggressively recruit economic migrants, particularly high skilled individuals (HSIs). As most countries in the EU face similar challenges, attracting HSIs from the third countries are predominantly vital. One of the EU-wide programs to attract skilled professionals is the Blue Card program, which was introduced in 2009 as part of the European Council Directive to focus on highly qualified employment, aimed at making Europe an appropriate host region for qualified workers from the non-EU countries. The EU Blue Card programme is adopted by 25 EU member states, apart from Ireland, Denmark and the United Kingdom. In this article, we discussed underlying features of the EU Blue Card program with a particular focus on the Finnish experience as one of the most successful the EU countries in attracting and retaining talent and HSIs.
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Farahat, Anuscheh, and Nora Markard. "Forced Migration Governance: In Search of Sovereignty." German Law Journal 17, no. 6 (November 1, 2016): 923–48. http://dx.doi.org/10.1017/s2071832200021532.
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The European Union (EU) Member States have experienced the recent refugee protection crisis in the EU as a de-facto loss of control over their borders. They find themselves unable to subject entry into their territory to a sovereign decision. In response, the Member States have sought to regain full sovereignty over matters of forced migration, both unilaterally and cooperatively, seeking to govern a phenomenon—forced migration—that by definition defies governance. Unilateral measures include forced migration caps and a search for ways to circumvent responsibility under the Dublin system. Cooperative efforts by EU Member States include the search for ways to more effectively govern forced migration at the EU level and beyond. Supranational EU efforts include the introduction of an internal relocation scheme and support for Italy and Greece in processing asylum claims in so-called “hotspots.” Beyond the EU, Member States are seeking to externalize protection responsibility to third world countries under international agreements, in particular, by returning asylum seekers to Turkey. This Article outlines the unilateral and cooperative governance efforts undertaken and shows that states' sovereign decisions over migration are significantly limited in the case of forced migrants, both by EU law and by international law.
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Golovko, Liudmyla, Оlena Gulac, and Volodymyr Vysotskyi. "LEGAL REGULATION OF TAXATION OF AGRICULTURAL ACTIVITY IN EU MEMBER STATES." Social & Legal Studios 13, no. 3 (September 29, 2021): 169–75. http://dx.doi.org/10.32518/2617-4162-2021-3-169-175.
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An analysis of the legal regulation of agricultural taxation in the EU member sates on the example of Poland, Czech Republic and Austria was made. A number of tax benefits for agricultural producers, which are contained in the legislation of the above countries, have been identified: reduction of income tax on farms; real estate tax benefits; discounts on tax on fuel; absence of taxes on property inherited or agricultural land and buildings, the ownership of which is acquired on the basis of a gift agreement; reduction of contributions under a special social insurance scheme. The urgency of the issue of providing tax benefits for agricultural producers in Ukraine, introduction of a special tax regime, which would contribute to the formation of a balanced structure of agro-industrial production was highlighted. It was noted that implementation of the experience of EU member states in the field of taxation of agricultural activities in domestic agricultural sector of the economy is extremely important and requires changes to legislation. Tax burden affects the profits of agricultural producers and is one of the key factors influencing the development of the agricultural sector in the country, the competitiveness of small and medium-sized socially oriented agricultural businesses, and reflects the priorities of agricultural activities. Therefore, the legal regulation of agricultural production is one of the key issues on the agenda. Ukraine needs to reform the system of taxation of agricultural production in order to form a balanced structure of agro-industrial production on the model of European countries.
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Xiaohua, Li. "Institutional and Economic Support for Renewable Energy Companies in China and eu Member States: Conflicting or Cooperative Industrial Policies?" Perspectives on Global Development and Technology 13, no. 5-6 (October 8, 2014): 728–54. http://dx.doi.org/10.1163/15691497-12341325.
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This research examines the photovoltaic (pv) industry, which is the fastest growing source of renewable energy, as an example in order to illustrate the development history, the status of cooperation and conflict between eu and China, and to explain the reasons behind the phenomenon. The photovoltaic industry both in China and eu experienced a period of rapid growth before the international financial crisis, driven by the explosion of the pv installation capacity and pushed by supporting policies for solar energy in eu member states and other developed countries. After the international financial crisis and Europe’s sovereign-debt crisis, because of the cut off of subsidies for solar energy in eu member states, the supply and demand relationship in the pv market was reversed. There was a serious excess capacity throughout the world and a subsequent trade war between eu and China in 2012. China and the eu have different comparative advantages. The eu is good at pv technology, producing the equipment used in pv factories and has management experience relating to the running of pv electricity systems, while China is good at manufacturing pv modules at low cost due to its innovative manufacturing in the global value chain. If the China and the eu combine these benefits, they can achieve a win-win game: China could produce renewable products more efficiently and with low environmental pollution and it could improve its management of pv electricity systems; at the same time, the eu could get low prices and high quality pv modules and reach its renewable energy targets more easily.
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Kutsevych, Maksym, Olena Yara, Liudmyla Golovko, and Volodymyr Terpeliuk. "Sustainable Approaches to Waste Management: Regulatory and Financial Instruments." European Journal of Sustainable Development 9, no. 2 (June 1, 2020): 163–71. http://dx.doi.org/10.14207/ejsd.2020.v9n2p163.
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with the provisions and principles of EU waste policy and development of suggestions for improvement of Ukrainian law. The article provide an overview of EU waste legislation, main EU investment policy and its contributions to municipalities in the area of solid municipal waste management. The ways of ecological modernization of the management of solid municipal waste were investigated. Proposals for implementation of experience of EU member states, which has proved itself in practice, were made. Keywords: EU waste management, EU law, adaptation of Ukrainian legislation to EU standards, financial instruments
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Cipollini, Claudio. "The Concept of Special Tax Zones in EU Tax Law Claudio Cipollini." EC Tax Review 28, Issue 6 (December 1, 2019): 307–21. http://dx.doi.org/10.54648/ecta2019034.
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The aim of this article is to define a general concept of STZs in the context of EU tax law to be able to explain the different experiences of territorial tax incentives in the Member States. The research is conducted through the review of the relevant sources such as the literature on the topic, the EU legal framework, and the experience of the Member States. The concept of STZs developed here includes a territorial dimension related to the presence of a geographical border as well as of a reference framework with a territorial connecting factor, a structural dimension focusing on the typologies of the tax benefits, and, finally, a functional dimension that considers the objectives of tax policy carried out by public authorities. In the conclusion, a comprehensive definition of STZs is formulated summarizing the key features as they emerge from the research process. At the end, the results achieved offer a common reading key for a deeper understanding of STZs within EU tax law and for a more conscious use of such an instrument in the context of economic and social policies.
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Stefan, Bojnec, and Ferto Imre. "Export competitiveness of the European Union in fruit and vegetable products in the global markets." Agricultural Economics (Zemědělská ekonomika) 62, No. 7 (July 14, 2016): 299–310. http://dx.doi.org/10.17221/156/2015-agricecon.
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The research provides evidence on the fruit and vegetable products export competitiveness of the European Union (EU-27) member states in the global markets. The revealed comparative advantage index is used to analyse the levels and compositions in the export competitiveness by differentiated fruit and vegetable products. Most of the EU-27 member states experienced revealed comparative disadvantages in the fruit and vegetable products in the global markets. Spain and the Netherlands experienced the most robust results of the revealed comparative advantages between 2000 and 2011 and among fruit and vegetable groups of products. Most other of the EU-27 member states with the comparative export advantages in fruit and vegetable products specialized in a certain segment or niche fruit and vegetable products.
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Vassileva, Radosveta. "Threats to the Rule of Law: The Pitfalls of the Cooperation and Verification Mechanism." European Public Law 26, Issue 3 (December 1, 2020): 741–68. http://dx.doi.org/10.54648/euro2020062.
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The Juncker Commission has recently indicated that the experienced gained from the Cooperation and Verification Mechanism (CVM) is relevant when addressing rule of law challenges in all Member States. It has also proposed to monitor the rule of law in all Member States. Bulgaria and Romania are the only EU members which are subjected to the CVM because they did not fully fulfill the accession criteria on the rule of law when they acceded to the Union in 2007. In 2018, the Juncker Commission identified important progress in Bulgaria and promised to lift the mechanism for the country before the end of its term. Yet, has the CVM helped Bulgaria strengthen its rule of law? By using Bulgaria’s CVM as a case study, this article showcases some of the pitfalls of this mechanism, including the quality of the Commission’s monitoring – namely, that Bulgaria’s rule of law declined despite the CVM. Dissecting this phenomenon is important not just in light of the Commission’s own call to study the experience gained from the CVM, but also in view of growing concerns about dual standards in enforcing EU values in the Union. Rule of law, EU values, European Convention on Human Rights, Cooperation and Verification Mechanism (CVM), Romania, Bulgaria, Law reform, Judicial independence, Political judicial council, Political Prosecutor’s Office
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Kelemen, R. Daniel. "Europe’s Other Democratic Deficit: National Authoritarianism in Europe’s Democratic Union." Government and Opposition 52, no. 2 (January 9, 2017): 211–38. http://dx.doi.org/10.1017/gov.2016.41.
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This article argues for a radical recasting of the European Union democratic deficit debate. Critics have long argued that the EU suffers from a democratic deficit and that growing EU power undermines national democracy. But recent backsliding on democracy and the rule of law in Hungary and Poland reminds us that grave democratic deficits can also exist at the national level in member states and that the EU may have a role in addressing them. This article will place the EU’s struggles with democratic deficits in its member states in comparative perspective, drawing on the experience of other democracies that have struggled with pockets of subnational authoritarianism. Comparative analysis suggests that considerations driven by partisan politics may allow local pockets of autocracy to persist within otherwise democratic political unions.
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Gavanas, Nikolaos, and Magda Pitsiava. "Description of the new member states transport system in an era of convergence: Development of an indicator system." Spatium, no. 24 (2011): 37–44. http://dx.doi.org/10.2298/spat1124037g.
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The recent enlargement of the European Union (EU) towards East Europe and the Balkans provides a common policy framework towards the promotion of socio-economic convergence of the 12 new member-states to the EU emphasizing the role of the transportation system. A system of indicators is developed in this paper in order to describe the new member-states? transportation system in relation to the area?s socio-economic characteristics by comparing them to the transportation and socio-economic profile of the 15 pre-enlargement member-states. The analysis indicates relatively low levels of mobility for the study area combined with social and economic disparities. It also highlights a series of prospects that could contribute decisively towards the achievement of socio-economic convergence. Based on the experience gained by the development and application of the indicator system, the paper concludes with a series of propositions in order to enhance its contribution for the description of the features and the assessment of the impacts from the development of the new member-states? transport system.
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Steunenberg, Bernard, and Mark Rhinard. "The transposition of European law in EU member states: between process and politics." European Political Science Review 2, no. 3 (November 2010): 495–520. http://dx.doi.org/10.1017/s1755773910000196.
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This paper illuminates a critical stage of the implementation of European law: the transposition of European Union (EU) directives. Directives must be transposed into national policies in order to give effect to European law, yet most national authorities experience considerable transposition difficulties. For this reason, the study of transposition has become a focal point within the broader research agenda on non-compliance in the European Union. Highlighting several popular explanatory variables but noting the sometimes contradictory results that follow from empirical testing, this paper outlines an approach that views transposition as a process taking place largely within ministerial agencies rather than across government systems. By using variables related to these domestic processes in our empirical analysis, the paper shows how such an approach can help to explain the way in which member states transpose EU directives.
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Spiegel, Bernard. "National approaches of EU Member States in concluding bilateral social security agreements with third countries." European Journal of Social Security 20, no. 2 (June 2018): 148–61. http://dx.doi.org/10.1177/1388262718780747.
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For EU Member States like Austria, the EU Regulations on the coordination of social security schemes are the focus of academic and political attention. They deal with many cases and are usually very complex. They are supervised by the European Commission and the CJEU. Compared to these EU rules, bilateral agreements with third countries are treated as step-children. They do not get the academic and political attention they deserve, taking into account their importance in practice. They have common features compared to the EU rules, but there are also remarkable differences in the texts and their interpretation. The differences sometimes lead to practical problems of application and interpretation in the EU Member States. Based on Austrian experiences, all these aspects are elaborated in this article. Enhanced cooperation and exchange of information between the EU Member States in the future could help to improve the negotiating position of these countries and also guarantee greater esteem for the bilateral agreements.
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Marušič, Andrej. "Mental health in the enlarged European Union: Need for relevant public mental health action." British Journal of Psychiatry 184, no. 5 (May 2004): 450–51. http://dx.doi.org/10.1192/bjp.184.5.450.
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On 1 May 2004 ten new countries will join the European Union (EU), which as a result will comprise 25 culturally quite different countries. Each enlargement of the EU so far has been a difficult experience for both the existing member states and the new entrants, since each membership change has altered the structure and the sharing of costs and benefits of membership. Furthermore, each new member brings its own traditions, preferences, strengths and weaknesses, including the mental health of its population and its psychiatric services. Are we ready for the changes to come?
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Turlanov, D. A., and I. M. Turlanova. "International legal aspects of the Eurasian Economic Union Foreign Trade Policy." Moscow Journal of International Law, no. 3 (October 9, 2021): 63–77. http://dx.doi.org/10.24833/0869-0049-2021-3-63-77.
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INTRODUCTION. The Eurasian economic union (EAEU) institutions have a huge competence delegated by the EAEU Member-States. Effective implementation of such competence, especially in foreign trade, entails relevant international activity of the EAEU institutions. In this connection the article analyses international capability of the EAEU, relevant experience of the European Union as well as actual status and perspectives of the EAEU international activity in foreign trade.MATERIALS AND METHODS. The research is based on the analysis of the EAEU legislation, recent works of relevant researchers, experience of the European Union in respect of international cooperation. Methodological instruments are analysis, synthesis, deduction, induction and analogy.RESEARCH RESULTS. Successful development of foreign trade activity of the EAEU Member-States depends on effectiveness of the EAEU international activity. The research shows that EAEU international activity in foreign trade is not as effective as it could be. This has a negative impact on foreign market accessibility for the EAEU Member-States goods. In view of the above a thorough research of appropriate EU legal base was conducted. It shows, that effectiveness of the EU in promotion of its interests on the international stage, including in the foreign trade, is based on relevant legal mechanisms, which allows to take into account both positions of the EU and its Member-States. Such experience with combination of the specific characters of Eurasian integration will help to make necessary amendments to the EAEU legal base to increase its effectiveness.DISCUSSION AND CONLUSIONS. The author makes conclusion on the necessity of amendments to the EAEU international activity legal base, with use of the researched European Union experience. In particular, the EAEU institutions need additional competence for more independence and flexibility at international level. This will improve the EAEU international activity, including conclusion of free trade agreements (regardless of concluded agreements of the EAEU, the scale of international activity of the EAEU is not comparable with the European Union’s one), create conditions for export promotion, and help to strengthen the EAEU image as independent participant of international relations.
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Dziembała, Małgorzata, and Agnieszka Kłos. "Pandemia COVID-19 a gospodarka Unii Europejskiej – instrumenty antykryzysowe oraz implikacje dla budżetu UE i jej państw członkowskich." Przegląd Europejski, no. 1-2021 (April 14, 2021): 81–98. http://dx.doi.org/10.31338/1641-2478pe.1.21.5.
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At the turn of 2019 and 2020 the world economy experienced a slowdown resulting from the COVID-19 pandemic. Negative repercussions of the measures taken, related to the slowdown in economic activity, have been experienced by all EU Member States. The article aims to present the influence of the pandemic on the EU economy and to identify the selected EU measures and instruments implemented to counteract the implications of COVID-19 in 2020 and 2021–2027. The authors attempt to answer the following questions: (1) Will the actions taken by the European Commission and temporary state aid measures positively impact reducing the negative implications of the economic and social crisis caused by the pandemic? (2) Are the proposed instruments and their financing sources ensuring the recovery of the EU economy sufficient? The article puts forward a hypothesis that the prepared financial instruments implemented at the EU level should reduce the negative implications of the pandemic to some extent; however, close cooperation between the Member States and European institutions in terms of coordination of the implemented measures and instruments is necessary to render them more effectively. The authors utilise the descriptive, normative and diachronic methods. The analysis of the implemented remedial actions at the EU level and at the level of a Member State (Poland) leads to the conclusion that despite the economic crisis prevention measures introduced by the European Commission, the burden of counteracting the consequences of the epidemic rests mainly with the countries whose governments have introduced anti-crisis packages.
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Zleptnig, Stefan. "Trans-European Networks and the Effectiveness of National Permitting Procedures: A Practitioners View." European Business Law Review 28, Issue 6 (December 1, 2017): 785–94. http://dx.doi.org/10.54648/eulr2017041.
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The law on trans-European networks (TEN) is a good example for the complex balancing between substantive EU law and national procedural autonomy. On the one hand, the EU legal provisions promote the implementation of infrastructure projects in the areas of transport, energy and telecommunications. On the other hand, the principle of national procedural autonomy leaves it to the Member States how they organise their permitting procedures dealing with those projects. The experience in the past has shown that many TEN-projects get stuck in the complex national permitting proceedings. This is the reason why the Regulation (EU) No 347/2013 on trans-European energy infrastructure includes several provisions dealing with permitting procedures. The Regulation is an interesting example of how EU law evolves from mainly substantive provisions into the regulation of national administrative procedures. It remains to be seen if the European Commission and the Member States will take this approach further.
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Entin, L. M., and Yu V. Lebedeva. "Legal Triggers for Digitalization of Radioactive Waste and Spent Fuel Management within the European Union." Digital Law Journal 3, no. 1 (April 21, 2022): 32–43. http://dx.doi.org/10.38044/2686-9136-2022-3-1-32-43.
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The article examines the impact of digitalization on radioactive waste and spent fuel management in the EU. The purpose of the research is the legal mechanisms that launch new digital technologies to improve radioactive waste accounting and control over its management. To set the goals of the research, such methods of scientific knowledge as logical, system-structural and comparative legal analysis were used. New EU legal documents (EC Digital Strategy 2018 and Shaping Digital Future of Europe 2020) have triggered process digitalization in the EU. According to analysis the EU legal acts, the authors came to the conclusion that the EU Commission principles of digitalization are security, confidentiality, openness, transparency and simultaneity. EURATOM successfully applies digital 3D technology and simulation for dismantling planning of nuclear facilities. In turn, the European Commission uses digitalization applies to data collection and radioactive waste and spent fuel management in the EU Member States. In conclusion, it is determined that the EU has not yet adopted artificial intelligence act for radioactive waste and spent fuel management. However, the EU already has some experience. In the future the EU can adopt a new legal act that will summarize all the practice of the EC, EURATOM and EU Member States to regulate of digitalization in the EU radioactive waste management.