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1
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 (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.
2
Milcheva, Hristina, Albena Andonova, and Mariya Dimova. "ABOUT SOME SOCIAL AND HEALTH PROBLEMS OF PERSONS, SEEKING INTERNATIONAL PROTECTION ON THE TERRITORY OF REPUBLIC OF BULGARIA." CBU International Conference Proceedings 4 (September 22, 2016): 408–13. http://dx.doi.org/10.12955/cbup.v4.788.
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The influx of migrants to European countries, including the Republic of Bulgaria, is constantly increasing from regions experiencing military conflicts and countries that are economically undeveloped. At present, the Republic of Bulgaria is regarded by asylum seekers as a transit state on their route to the economically developed European countries. The people seeking asylum in the European Union have different sociocultural, ethnical, religious, and health cultures. These differences make their adaptation to their new environment difficult and the situation creates economic, social, and health problems for the accepting countries. The enforcement of uniform European standards and laws for social and health integration of migrants facilitates the process and protects the local people from infectious diseases and social-economic problems. The analysis of documents of the European Union, from international and Bulgarian organizations, shows policies have been developed to guarantee the rights of individuals, seeking protection. A major issue for the successful adaptation of migrants is their unwillingness to observe the laws and regulations of the countries where they settle.
3
Veebel, Viljar, and Raul Markus. "European Normative Power During Ukrainian-Russian Conflict." Baltic Journal of Law & Politics 11, no. 1 (2018): 1–20. http://dx.doi.org/10.2478/bjlp-2018-0001.
Texte intégralRésumé :
Abstract During last two decades the European Union as “normative power Europe” has been associated with the export of certain universal norms, rules and practices to the other countries. Rule of law, democracy, strong commitment to human rights and fundamental freedoms, and social justice — these principles form the core of the identity of the European Union. Relying on shared political, economic and cultural ties among member states, the EU has sought to promote these norms also in the neighbouring countries, including Russia. However, the outbreak of the violent conflict between Russia and Ukraine at the end of 2013 clearly demonstrates that the EU has failed in its efforts in Russia despite extensive mutual relations and comprehensive financial support provided by the EU. The aim of the current article is to analyse how consistent the EU has been in defending and promoting European values and norms in the international arena and with Russia during the Ukrainian-Russian conflict.
4
Löhnig, Martin. "Unification of law in the field of family law – roads and dead-end-roads." International and Comparative Law Review 12, no. 2 (2012): 101–12. http://dx.doi.org/10.1515/iclr-2016-0089.
Texte intégralRésumé :
Abstract Article deals with the problem of the harmonisation and unification of the family law in the European Union as the consequence of the building the single European Space. Th e main claim of the author is that a speedy unification of substantive family law, particularly one that is decreed by European institutions, would lead to loss on national and regional legal culture, what accorfing the author can’t be justified. Th e alternative is a close cooperation of individual European cultural groups or neighboring countries and the unification of the conflict of laws provisions and of the law of jurisdiction of the courts as well as by enacting regulations on (mutual) recognition and enforcement of court decision.
5
Lubis, Syaravina. "Transformation Of The EU Law Related To The Etabilishment Of National Law In The England In The Law Perspective Of International Organizations." Journal of Law Science 4, no. 1 (2022): 46–37. http://dx.doi.org/10.35335/jls.v4i1.1699.
Texte intégralRésumé :
The economic upheaval of a country is one of the reasons for the formation of an international organization, namely the European Union. The goal of the European Union itself is to promote through the community the harmonious, sustainable development of economic activity, steady improvement, rapid improvement of living standards, quality of life and closer relations between member states. This research has a problem formulation consisting of the transformation of EU law into law in the member states of the European Union, the transformation of EU law in the UK, and a challenge as a legal effort related to the transformation of EU law in the UK according to International Organization Law. This study uses a normative juridical research method. The results of the research on the transformation of European Union Law into National Law of member countries, namely by establishing Regulations, Directives, Decisions that must be applied in member countries. EU law has the supremacy of overriding the National Laws of member states. The transformation of European Union Law in the UK began with the agreement of the European Communities Act 1972 which was the UK's ratification of EU Law. Challenge as a legal remedy related to the transformation of European Union Law in the UK is permitted under Articles 230 and 232 of the European Union Agreement, namely by submitting a complaint to the national court in accordance with the time specified to carry out the challenge, this challenge action can end with an amendment. The conclusion of the research is the transformation of European Union Law in member countries in the form of Regulations, Directives, and Decisions. The European Union Law Transformation in the UK is regulated through the European Communities Act 1972. Challenge as a legal remedy related to the transformation of EU Law in the UK is allowed in order to create a good implementation. Suggestions related to research is that it is better to ensure that the transformation of European Union Law has been implemented as intended. The transformation of EU Law in the UK should ensure that UK National Law can be waived in the event of a conflict with EU Law which is immediately effective. Conduct in-depth negotiations, ask for opinions from representatives of each member country so that unity is achieved to facilitate the implementation of European Union Law in member countries and minimize challenges to European Union Law.
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Κοζαμάνη (Alexandra Kozamani), Αλεξάνδρα. "Ευθανασία: Πρακτικές που εφαρμόζουν οι χώρες της Ευρωπαϊκής Ένωσης". Bioethica 5, № 1 (2019): 89. http://dx.doi.org/10.12681/bioeth.20837.
Texte intégralRésumé :
Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.
7
Andriyanov, D. V. "Application of Smart Contracts and Blockchain Platforms in Cross-Border Oil and Gas Transactions: Aggravation of Conflict-of-Laws Problem." Actual Problems of Russian Law 15, no. 6 (2020): 84–94. http://dx.doi.org/10.17803/1994-1471.2020.115.6.084-094.
Texte intégralRésumé :
Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process is facilitated not only by the introduction into contractual practice of such network technologies as smart contracts and blockchain platforms, but also by the wide dissemination of sources of non-governmental regulation (lex petrolea). In the context of the network paradigm of private international law, the classic problem of conflict of laws is exacerbated. The author considers the conflict-of-laws aspects of the use of smart contracts based on blockchain technology in cross-border oil and gas transactions, taking into account the fact that the use of computer algorithms does not create a new contract, but is only a special form of transaction. Such “automated” transactions in the oil and gas sector involving multiple jurisdictions create uncertainty in their legal regime. In the absence of a comprehensive substantive legal regulation, and in connection with the phenomenon of lex petrolea, the conflict-of-laws method of regulation predominates. The author shares his reasoning concerning the possibility of extending the application of Regulation No. 593/2008 of the European Parliament and the Council of the European Union “On the Law to be Applicable to contractual obligations (Rome I)” to smart contracts. The author concludes that existing regulation is quite applicable to smart contracts in cross-border oil and gas transactions. Another question is whether the law, which is applicable by virtue of a conflict-of-laws rule, provides for an appropriate substantive basis. To date, special legislation on smart contracts has been passed in only several American states. It is predicted that in the future, private international law will not only determine the law applicable to smart contracts, but will also be a guide to disseminating the positive experience of legal regulation of smart contracts in different countries.
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BARBU, Cristina Mihaela, and Ștefan PONEA. "European Union and the Refugees. Is Transparent and Timely Communication Enough to Solve a Crisis?" Journal of Advanced Research in Law and Economics 9, no. 7 (2019): 2267. http://dx.doi.org/10.14505//jarle.v9.7(37).08.
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More than one million migrants and refugees have crossed into Europe Since early 2011, sparking a crisis as countries struggled to cope with the influx. The main reason for the spike in refugees has been the war in Syria, which has caused millions to flee their homes and seek shelter in Europe and in neighboring countries. But many refugees are also fleeing one of the15 conflicts around the world that have erupted or reignited over the last five years, often situations of decades-old instability and conflict like those in Afghanistan, Somalia, Central America and elsewhere.
 In this paper, we will try to demonstrate that the EU has indeed adopted a strategy of transparency and consistency when it comes to communication. However, one of the questions we feel obliged to formulate an answer to is „Is this helpful? Is transparent communication enough in order to solve or, at least, find a way to solve the problem? Or is there something missing from this strategy?’
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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 (2016): 229–64. http://dx.doi.org/10.54648/aila2016019.
Texte intégralRésumé :
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.
10
Alpa, Guido. "European Community Resolutions and the Codification of ‘Private Law’." European Review of Private Law 8, Issue 2 (2000): 321–34. http://dx.doi.org/10.54648/268927.
Texte intégralRésumé :
Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a real market hindrance, while uniform private law rules emerge as conditions precedent for the implementation of the single market. Projects directed towards the harmonisation of private law through codification have faced various criticisms. Alpa tries to address these. He notes first the trend towards convergence of (some aspects of) national laws that has been observed by comparative lawyers and the existence of unifying frameworks such as the constitutional law of the EU and the European Convention on Human Rights. He then briefly addresses three particular issues: (i) the problems allegedly created by the difference between common law and civil law structures, (ii) claims concerning value of legal pluralism and the undesirability of eliminating national cultural characteristics, and (iii) the argument that techniques of harmonisation other than the drafting of a Civil Code are more appropriate. The paper concludes with a note on issues of the drafting and structure of a possible future Code.
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Dean, Janice. "Ideal Type Organisations and Company Law in Europe." European Business Law Review 23, Issue 4 (2012): 461–82. http://dx.doi.org/10.54648/eulr2012026.
Texte intégralRésumé :
Different national cultures within Western Europe have very different models of what constitutes a 'well-functioning organisation'. Looking at the nations with the largest economies in the European Union (the French, Germans, Italians and British), the author considers how some of these different models (the 'pyramid', the 'machine', the 'family' and the 'market') have influenced the company laws of the countries in which they are prevalent. The piece then considers the implications for European Union company law of the variations between the predominant national models. Strengths and weaknesses of the various ideal types of organization and other possible models are considered. This article will examine companies in the quartet of European Union countries which have an annual GDP exceeding 1.5 trillion euros: Germany, France, the UK and Italy. Very broadly, two of them, France and Italy are Southern European (traditionally mainly Catholic) in culture as well as geographically, the other two are Northern European (historically mainly Protestant). The four nations remain diverse in economic structure, and particularly in average company size and the use of capital markets, although (with Germany being much the largest) the scale of the economies is similar. These major European Union countries also have different pre dominant models of effective corporate organisation, regulation and management. The discussion will contend that the diverse sets of regulations in part stem from, and are connected to, varied models of what constitutes a 'well-functioning organisation' in the four nations. These pervasive 'ideal types' of the effective organisation might be expected to influence what governments, shareholders and other stakeholders expect of the major companies and how corporate leaders behave. In the European Union, it is argued that national cultures, including views of what constitutes a well-functioning organisation, still provide the basis for social interaction including business activity. Some implications of these underlying differences of perspective for greater co-ordination of company law at European Union level will also be addressed. The strengths and weaknesses of the various 'ideal types' of organisation will be considered. Finally, some possible alternative conceptions of the 'well-organised' company in the 21st Century will be discussed. The continuing diversity of national cultures between Germany, France, the UK and Italy is reflected in their nationals' preferred ways of conceptualising organisations, including major business organisations. Hofstede quotes Owen J Stevens' study at INSEAD Business School - "The majority of the French tended to resolve [a conflict] by referring to the hierarchy; the British, through horizontal negotiation; and the Germans, through the establishment of procedures. Stevens identified the implicit model of a well-functioning organization for the French as a pyramid, that for the British as a (village) market, and that for the Germans are a well-oiled machine." As far as Italy is concerned, the 'family' model remains most salient. These observations led the current author to further examination of those models in the national contexts as they connected to company law. Questions of the adequacy or otherwise of those mental pictures also arose.
12
Mazur, Viktoria, and Archil Chochia. "Definition and Regulation as an Effective Measure to Fight Fake News in the European Union." European Studies 9, no. 1 (2022): 15–40. http://dx.doi.org/10.2478/eustu-2022-0001.
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Summary Fake news is relevant in most countries of the world; nowadays the disinformation and fake news are of great importance as they greatly affect different political and social aspects of public life including healthcare, elections, migration, economy, etc. People are free to express themselves in different forms on the Internet, including publishing any content due to the freedom of expression. In order to understand how to legally frame fake news, it should first be clearly defined. The problem of disinformation and fake news is closely connected to the fact that providing a new law on fake news is likely to not just overlap but even often to conflict with the legislations that guarantee freedom of expression as fundamental freedom in the European Union. After considering existing laws, comparing, and analyzing measures taken to combat fake news, it appears that legislation may lead to over-censoring, violating freedom of expression. For effective fighting with fake news and its negative impact on the EU public, regulation on fake news is not necessary, it brings more legal issues than benefits to combating the dissemination of disinformation. Clearly defining the borderline between fake news and lies in the context of freedom of expression can therefore be more useful, taking a balancing approach. The general public is in many cases lacking media literacy and it can be improved by strengthening the role of media, which should be more consistent and be aimed at educating modern society.
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Aldag, Ole. "Due Diligence and Environmental Damages Under Rome II." European Review of Private Law 28, Issue 6 (2020): 1231–48. http://dx.doi.org/10.54648/erpl2020074.
Texte intégralRésumé :
Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types of claims are an expression of misconduct by multinational corporations conducting business abroad, particular notice will be given to the applicable law on compensation claims for environmental damages allegedly caused by negligent compliance for environmental standards of either independent or subsidiary production facilities. While doing so, its main point of interest will be whether claims against European-based companies may be governed by the law of the effective seat of the latter. Considering that Article 7 Rome II provides for a special connecting factor regarding environmental damages, the paper examines whether Rome II does justice for due diligence-related cases on the conflict of laws level and argues for a nuanced approach to localize the place of the event giving rise to such damages. Private International Law, Environmental Damages, Civil Compensation, Torts, Corporate Social Responsibility, Rome II, Mandatory Rules, Public policy
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Poesen, Michiel. "Civil Litigation Against Third-Country Defendants in the EU: Effective Access to Justice as a Rationale for European Harmonization of the Law of International Jurisdiction." Common Market Law Review 59, Issue 6 (2022): 1597–632. http://dx.doi.org/10.54648/cola2022113.
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The European Union has taken on an active role in harmonizing the law of international jurisdiction over civil and commercial court disputes. However, the jurisdictional rules contained in the key instrument in the area – the Brussels Ia Regulation – only apply to disputes involving EU-based defendants, save for a few exceptions where defendants domiciled in third countries are also covered. This article will explore the rationale for harmonizing the law of jurisdiction applicable to third-country defendants. This central theme is of particular interest, since further harmonization is once again on the EU’s agenda because of the upcoming revision of the Brussels Ia Regulation. The article will outline that proposals for harmonization are rooted in the aspiration to further effective access to justice. Moreover, it will demonstrate that far from a readily implementable programme, furthering access to justice is a multifaceted aim, the pursuit of which potentially has profound ramifications for the EU rules on civil jurisdiction. civil litigation, third-country defendants, law of jurisdiction, PIL, conflict of laws, Brussels Ia Regulation, harmonization
15
Härkönen, Elif. "Conflict Minerals in the Corporate Supply Chain: Is Transparency the Solution to Human Rights Violations in the Tantalum, Tin, Tungsten and Gold Supply Chains?" European Business Law Review 29, Issue 5 (2018): 691–727. http://dx.doi.org/10.54648/eulr2018027.
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The European Union has recently enacted the Conflict Minerals Regulation, introducing new transparency requirements for importers of tantalum, tin, tungsten and gold from conflict-affected regions. Similar legislation has previously been enacted in the United States. The purpose of the new transparency requirements in both jurisdictions is to cut off funding for armed groups in conflict areas and thus reduce the suffering of the civil population, with particular reference to the situation in the Democratic Republic of the Congo. The criticism of the legislation centers on the costs to companies in the minerals supply chain. In this article it is argued that the costs to companies subject to the transparency requirements can be minimized with carefully crafted legislation. It is also concluded that progress in achieving the humanitarian objectives of the legislation is slower than expected, mainly due to the lack of participation in the transparency efforts by all actors in the supply chain. Successful transparency regulation has to be supported by a multitude of actors in the international community. Also, mineral supply chain transparency regulation in itself is unlikely to solve armed conflicts in resource-rich but poor countries. Such legislation only provides for one component in a multi-level approach including legislative, economic and political efforts by the international community.
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MacNaughton, Gillian, and Diane Frey. "Teaching the Transformative Agenda of the Universal Declaration of Human Rights." Radical Teacher 103 (October 27, 2015): 17–25. http://dx.doi.org/10.5195/rt.2015.232.
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Neoliberalism has dominated the world for over three decades and now permeates our laws, policies and practices at the international, national and local levels. The International Monetary Fund, the World Trade Organization, the European Union, the United States and China all support trade liberalization, privatization of public services and the primacy of markets over people. Indeed, neoliberalism has become so ingrained that it has become invisible and many of us no longer notice when new agendas conflict with international human rights laws and principles to which almost all countries in the world have committed themselves. Adopted in 1948, immediately after World War II, to implement one of the four goals of the new United Nations Organization, the norms and aspirations elaborated in the UDHR provide a framework for a radically different world than the one we have today. In this article, we revisit the content of the UDHR, beginning with the right to a social and international order in which everyone’s rights can be realized, and consider other key provisions that conflict with neoliberalism, including the rights to the benefits of science, to full employment and decent work, to progressive realization of free higher education, to nondiscrimination on the grounds of economic status and to solidarity. We also share some activities that we use in the classroom and online to make the transformative agenda of the UDHR visible to students and demonstrate how far we have strayed from the aspiration of a world in which everyone enjoys their human rights. The article concludes that teaching a holistic vision of the UDHR in a neoliberal world is a radical human rights curriculum.
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Kossecki, Paweł, and Oguzhan Akin. "Valuation of copyrights to audiovisual works: transparency practices of the copyright management organizations in the European Union." Ekonomia i Prawo 20, no. 3 (2021): 543–71. http://dx.doi.org/10.12775/eip.2021.033.
Texte intégralRésumé :
Motivation: The functioning of the audiovisual sector strongly depends on the use of copyrights and related rights. Problems with their clearing could harm the functioning of companies and might even lead to strong financial problems. The distribution of copyright-protected audiovisual works requires the licensing of rights by different rightsholders. Some of them are represented by Copyright Management Organizations (CMOs), which allow users to clear rights for many works without individual negotiations. Fees paid to CMOs for copyright-protected content constitute a significant part of operating costs for companies like TV stations, cable operators, VoD (Video on Demand) platforms. In case of intellectual properties for audiovisual works, CMOs make the valuation. They have been facing legal challenges due to subjective valuations as a result of being monopolies in the local market of the represented country and lack of transparency.
 Aim: This work explores the transparency of 21 CMOs in 4 EU countries due to their expected to be an integrated market status as the result of political and economic amalgamation. In addition to the adoption of The European Union Directive on collective management of copyright and multi-territorial licensing of rights, as part of the EU’s Digital Single Market project, this exploratory research, with comparative analysis of CMOs using the linear ordering methods, explains the necessity of an epagogic approach to creating correct institutions besides directives and laws, such as central observation, an ombudsman for conflict management, or an official body to employ these features in one structure to actively govern the market.
 Results: The conducted analysis allowed us to reflect on the importance of transparency and taxonomic mapping of the audiovisual market landscape will be the guideline to flatten the copyright valuation divergence in the EU and eventually will pave the way for fewer disputes and more innovations.
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Cunha, Raphael, Norma Breda dos Santos, and Rogério de Souza Farias. "Generalized System of Preferences in General Agreement on Tariffs and Trade/World Trade Organization: History and Current Issues." Journal of World Trade 39, Issue 4 (2005): 637–70. http://dx.doi.org/10.54648/trad2005039.
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The present study investigates the history of the General System of Preferences within the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) systems with a particular view to define how developed and developing countries adapted their market policies to the demands of the multilateral trading system (MTS). It analyses the role of the most-favoured-nation (MFN) clause and its consequences to developing countries’ interests, within its parameters of differential market access. The study tries to explain the treatment of preferences in an objective light, presenting two current case studies: the formulation of the American GSP scheme and the dispute of India and the European Union in the WTO about the European Union’s GSP scheme. In addition to this, the study focuses on the conflict among developing countries on the issue of special and differential treatment. This focus will lead to a renewed reading of the history of MTS that takes into consideration the frailty of developing countries’ unity and that tries to understand why and to what extent this unity shattered along the way.
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Prévost, Denise. "The SPS Agreement as Bottleneck in Agricultural Trade between the European Union and Developing Countries: How to Solve the Conflict." Legal Issues of Economic Integration 29, Issue 1 (2002): 43–59. http://dx.doi.org/10.54648/5086364.
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Valero-Estarellas, María-José. "Freedom of Religion, Religious Employment, and Conflicts of Rights: Europe at a Crossroads." Journal of Law, Religion and State 10, no. 1 (2022): 27–52. http://dx.doi.org/10.1163/22124810-10010004.
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Abstract Religious communities and churches have traditionally been significant sources of employment. Many European countries have found ways to integrate into their legal systems particularities of religious employment that are alien to other areas of labor law. Until recently, constitutional courts have been reluctant to question the right of churches to define the occupational requirements of their secular employees, but the recognition of church autonomy in religious employment has not been straightforward in the European Court of Human Rights and the Court of Justice of the European Union. This paper provides some reflections on where Europe may be headed in this field, and whether well-tested principles, such as denominational neutrality, may offer some insight on how to address the still unresolved conflict between important human rights: freedom of religion and the right to autonomy of religious employers, and the individual fundamental freedoms of their employees.
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Josipović, Ivo. "Responsibility for war crimes before national courts in Croatia." International Review of the Red Cross 88, no. 861 (2006): 145–68. http://dx.doi.org/10.1017/s1816383106000099.
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This article analyses problems with which the Republic of Croatia, as a country in transition, has to contend during war crimes proceedings. A major characteristic of the recent wars waged on the territory of the former Yugoslavia is that war crimes were committed, though on a different scale, by all parties involved, irrespective of the political and other motives that prompted them to engage in armed conflict. Political unwillingness is the principal reason why national courts, including those in the Republic of Croatia, did not prosecute war crimes in accordance with internationally acceptable standards. The international community responded by setting up the International Criminal Tribunal for the former Yugoslavia (ICTY), the main objectives of which are to establish justice, render justice to victims and determine the historical truth. Implicitly, despite political and other opposition to its work, the ICTY is helping to define legal and ethical standards appropriate for a democratic society in the countries established on the territory of the former Yugoslavia. This is particularly important for the reason that all these countries aspire to membership of the European Union. The work of the ICTY, as well as proceedings before domestic courts, is therefore an important legal, political and moral catalyst on their way towards accession to the European Union. This is fully confirmed by the example of the Republic of Croatia.
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Gürsoy, Yaprak. "Democratization and Foreign Policy Reforms in Turkey: Europeanization of Turkish Politics?" International Journal of Legal Information 38, no. 2 (2010): 227–34. http://dx.doi.org/10.1017/s0731126500005758.
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AbstractThe European Union membership process has had an impact on Turkish domestic politics and foreign policy. However, when compared with previous candidate countries to the EU, the Europeanization of politics in Turkey has not been an even process. The reformation of politics in Turkey has had three main characteristics. First, instead of the pace of the reforms being linear, there has been a periodic rise and fall of interest in introducing amendments. Second, the reforms have not necessarily replaced past practices, rather they have only introduced new ones in addition to the old ways of doing politics. Finally, there has been considerable opposition to the reforms in Turkey, partially because the government does not seem to follow the liberal-democratic trajectory set out by the EU membership process. The delays in enacting the constitutional and legal changes and the biased selection of laws and practices that are being amended do not give the impression that the government is sincere. Whether the amendments are in fact Europeanizing Turkey or pulling it away from its Western and secular political framework is a significant question leading to conflict among different factions in society. This divergence of opinion, in turn, results in further stalling the reforms.
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Saona, Paolo, Laura Muro, Pablo San Martín, and Hugo Baier-Fuentes. "BOARD OF DIRECTOR’S GENDER DIVERSITY AND ITS IMPACT ON EARNINGS MANAGEMENT: AN EMPIRICAL ANALYSIS FOR SELECT EUROPEAN FIRMS." Technological and Economic Development of Economy 25, no. 4 (2019): 634–63. http://dx.doi.org/10.3846/tede.2019.9381.
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From a corporate governance point of view, this paper addresses the question about how board gender diversity influences managerial opportunistic behavior for solving agency conflicts from a sample of European countries. Specifically, we analyzed indexed non-financial companies from Denmark, Finland, France, Germany, Italy, Norway, Portugal, Spain, Sweden, and United Kingdom for the period 2006–2016. Several panel data techniques are used in the empirical analysis to deal with the endogeneity and heterogeneity problems. To the best of our knowledge our research is novel in the literature by providing a multi-country approach in board gender diversity, as well as considering contextual country variables and the role of the regulatory system as determinants of earnings management. Our results confirm the benefits of having a balanced board in terms of gender diversity. An equilibrated board tends to mitigate earnings management practices, reinforcing the value of the laws passed in recent decades in Europe. Our analysis reveals that the regulatory framework regarding board gender diversity established by each country has a determinant role in reaching equality in decision-making positions, as a founding value of the European Union. We provide several policy recommendations from our main findings
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Villar, David, and David J. Schaeffer. "Chlorpyrifos should be banned in agriculture and livestock production in Colombia." Revista Colombiana de Ciencias Pecuarias 35, no. 2 (2022): 61–67. http://dx.doi.org/10.17533/udea.rccp.v35n2a7.
Texte intégralRésumé :
Chlorpyrifos (CPF) is a pesticide widely used in Colombia´s agriculture, including crops, farm animals and pets, despite it has been banned for use in the European Union and the United States. Studies demonstrate that even low blood levels of CPF -which do not inhibit blood acetylcholinesterase- can lead to child developmental and neurological disorders such as smaller head circumference and brain alterations, and psychomotor and cognitive deficits related to learning ability, attention and memory. In adults, CPF is an endocrine disruptor and breast carcinogen. High direct and indirect economic costs have been associated with CPF exposure. Not only farmers and their families -who have the highest exposures- but the general population consuming crops sprayed with CPF are also at risk. For these reasons CPF was recently banned by the European Union (2020) and the USA (2021). Pesticide regulation policies vary greatly depending on which and how scientific studies are used to assess health risks. Pesticide evaluations funded by the chemical industry should be rectified to avoid conflicts of interest. Furthermore, political alignment with the interests of the industry should not take precedence over independent scientific evidence. It is discouraging, to say the least, that until stricter health laws are passed in Colombia, CPFs and related pesticides will continue to be imported from those countries that have already banned them. Colombian scientists should raise their voice to challenge blind acceptance of profits over unintended consequences, and efforts to prevent pesticide´s abuse should be encouraged.
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Solovei, A. "Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries." Uzhhorod National University Herald. Series: Law 1, no. 72 (2022): 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
Texte intégralRésumé :
In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
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Munin, Nellie. "Tax in Troubled Time: Is It the Time for A Common Corporate Tax Base in the EU?" EC Tax Review 20, Issue 3 (2011): 121–33. http://dx.doi.org/10.54648/ecta2011014.
Texte intégralRésumé :
The essay introduces the main dilemmas faced by decision makers in the European Union (EU) regarding the initiation of a Common Corporate Tax Base (CCTB) in the EU. It introduces the policy considerations and conflict of interests among EU Members, which prevented the initiation of a CCTB in the EU by now; the possible variations of CCTB, including their advantages and disadvantages; and the possibility of effectuating the enhanced cooperation procedure to initiate a CCTB among part of EU Members. The essay then analyses the possible implications of such a step on the participating and non-participating EU Members, on the EU as a whole, and on third countries. To that extent, the essay attempts to draw a lesson from other 'Europe in two speed' practices: the Economic and Monetary Union (EMU), the Schengen agreements, and the security policy. The main findings are that a CCTB will not necessarily provide only for benefits of the Members involved in it and that the formula adopted for such an arrangement may be decisive to its short-term and long-term consequences. It should therefore be carefully weighed.
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Geoffron, Patrice. "Confronting the gas crisis: Can we REPowerUE?" ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no. 1 (October 2022): 5–15. http://dx.doi.org/10.3280/efe2022-001001.
Texte intégralRésumé :
This paper aims to analyse the first collective responses, at European level, to the energy (and very acutely for gas) crisis that began in the second half of 2021, but particularly accentuated by the Russian invasion of Ukraine. Since the beginning of the conflict, discussions have been held to identify policy levers to reduce Russian gas imports, while ensuring a satisfactory level of security of supply. This type of exercise implies considering different horizons, the first of which is the winter of 2022-2023, with the concern of managing to fill gas stocks sufficiently early. Beyond this emergency, which stems from crisis management, the perspective is also to establish a horizon at which the countries of European Union could do without Russian gas altogether. These two horizons are addressed by two European Commission initiatives: ‘Save gas for a safe winter' for the shorter term (i.e. winter 2023), and ‘REPowerEU' beyond, plans whose main mechanisms will be presented here, after reminding the regulatory framework for its security of gas supply at the EU level developed in response to the tensions already ob- served over the last two decades.
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Raduški, Nada. "Position of Serbian minorities in neighboring countries in the light of European integration and geopolitical processes." Vojno delo 72, no. 2 (2020): 37–55. http://dx.doi.org/10.5937/vojdelo2002037r.
Texte intégralRésumé :
Within contemporary geopolitical processes, respect for the rights of national minorities is no longer the discretion of a state, but rather is an indirect or direct international regulation of the minority issue. In the beginning of the 1990s, the political economical crisis and disintegration of the former SFRY opened the national question, that was considered to be permanently and successfully solved, in the most dramatic way, and ethnic conflicts and clashes followed the desintegration of the country. With the formation of a new states on the territory of the former Yugoslavia, the existence of numerous and different national minorities ("old" and "new") required a different approach to their protection and integration in complex political circumstances. Thus, the position of the so called new minorities drastically changed since they formed constituent nations in the former SFRY, while after secession they remained separated from their home nations and became national minorities almost overnight. Out of Serbia, in former Yugoslav republics live nearly half a million persons belonging to Serbian nationality as new national minority. The paper discusses the position and rights of the Serbian minority in the post Yugoslav states (Slovenia, Croatia, Northern Macedonia, Montenegro) as well as in some neighboring member states of the European Union (Hungary, Romania, Bulgaria). In addition to the analysis of basic demographic indicators (number and spatial distribution) that determine the realization of the rights and freedoms of each minority, the paper examines the issue of protecting the national, cultural and linguistic identity of Serbs, as well as the ways of its preservation and improvement. Although the social and legal status of the Serbian minority is determined by European standards, the analysis points to their undefined status, since they still do not recognize the status of a national minority in some countries, and that they are in practice faced with more or less assimilation. In order to fully realize minority rights and improve the position of the Serb minority, ratified international documents, bilateral agreements, national laws, as well as well-designed policies and assistance from the home state are of great importance.Respecting basic human rights and freedom, as well as national minority protection, represent the basic factors of stability, security and democratic and socio-economic development of every country.
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Hermoso, Virgilio, and Miguel Clavero. "Threatening processes and conservation management of endemic freshwater fish in the Mediterranean basin: a review." Marine and Freshwater Research 62, no. 3 (2011): 244. http://dx.doi.org/10.1071/mf09300.
Texte intégralRésumé :
Mediterranean endemic freshwater fish are among the most threatened biota in the world. The Mediterranean basin has experienced substantial reductions in precipitation and water availability, which will worsen with climate change. Current water policy is directed to increase water-supply demands, especially for agriculture, and not to improve water-use efficiency and implement integrated and sustainable water management. Illegal extractions are common, exacerbating problems for important protected areas. Management is needed to mitigate the conflicts between environmental water and human demand, and ensure availability of water to maintain ecological processes and Mediterranean freshwater biodiversity. Water availability is not the only threat, although it is exacerbated by pollution and invasive species. The uneven spatial distribution of threats across the Mediterranean basin requires different strategies to conserve freshwater biodiversity. Implementation of multi-national laws (e.g. Water Framework Directive in the European Union) will help future management of freshwater ecosystems. Management actions must be planned at whole-catchment scales, with collaboration among different countries and water-management authorities. The current reserve area is small compared with other areas in the world and driven by terrestrial interests, and should be evaluated for its effectiveness to protect the Mediterranean freshwater biodiversity.
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Czyżewski, Bazyli, Anna Matuszczak, Aleksander Grzelak, Marta Guth, and Adam Majchrzak. "Environmental sustainable value in agriculture revisited: How does Common Agricultural Policy contribute to eco-efficiency?" Sustainability Science 16, no. 1 (2020): 137–52. http://dx.doi.org/10.1007/s11625-020-00834-6.
Texte intégralRésumé :
AbstractThe conflict between capital-intensive agriculture, often called industrial agriculture, and sustainable farming is ongoing, and not because of Western European countries, where intensification is increasingly sustainable. It is caused by several million small farms in Central and Eastern Europe that must choose a long-term development path. This is also a dilemma for agricultural policy: Are small farms so environmentally friendly that they should play the role of ‘landscape guardians’ at the expense of public support and economic vegetation, or should they strive to improve productivity through investments? This study offers a methodological contribution to the value-based sustainability approach by computing indicators of environmental sustainable value (ESV). The authors have attempted to combine the value-oriented approach with frontier benchmarking. They then tested how the European Union Common Agricultural Policy (CAP) schemes contribute to ESV using a long-term panel of regionally representative farms from Farm Accountancy Data Network (FADN) with regard to factor endowments, for the years 2004–2017. The seminal within–between specification was employed to control the time variant and time invariant space heterogeneity of European regions. The main finding is that higher investment support is beneficial to ESV. Regarding factor endowment influence, there was a positive impact of the capital–labour ratio. Except the cross-sectional impact of environmental subsidies, the payments exert a negative effect on ESV.
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Terradas, Beatriz Añoveros. "Jurisdiction Clauses in International Premarital Agreements: A Comparison Between the US and the European System." European Review of Private Law 26, Issue 4 (2018): 537–77. http://dx.doi.org/10.54648/erpl2018036.
Texte intégralRésumé :
Abstract: Society moves fast and constantly. Despite the persistence of gender roles in marriages, other factors including heightened job market access and economic independence for women, as well as greater bargaining power in marriage and the evolution of no-fault divorce, have increased the role of party autonomy in family matters – and therefore, caused a shift in the complex debate between state policy interest in family matters and individual private autonomy. As a consequence of these significant societal changes, there has been an increased use of premarital agreements in contemplation of divorce. Through these agreements, before they marry the prospective spouses determine the consequences of a future breakdown, i.e. the rights that would otherwise arise at the time of the dissolution of the marriage or the death of one of the spouses. International prenuptial agreements (agreements with significant contacts with numerous countries) raise relevant questions with regard to jurisdiction, applicable law, and recognition and enforcement. This article conducts a comparative study between the conflict of laws system in the US and the European Union with regard to prenuptial agreements in contemplation of divorce, focusing on questions of jurisdiction. The advisability of choice of forum clauses and their limits will be at the heart of this study. Résumé: Les sociétés évoluent vite et de manière constante. Malgré la persistance des rôles entre homme et femme dans le mariage, d’autres facteurs tels que l’accès accru des femmes au marché du travail et leur indépendance économique, le pouvoir de négociation élargi au sein du mariage et l’évolution du divorce sans faute, ont renforcé le rôle de l’autonomie des parties dans les affaires familiales – et par là, ont marqué un changement dans le débat complexe entre d’une part les intérêts d’une politique étatique dans les affaires familiales et d’autre part l’autonomie privée individuelle. Par l’effet de ces importants changements de société, on a vu apparaître un usage accru de contrats de mariage conclus en considération d’un divorce. Ces contrats permettent aux futurs époux de fixer avant leur mariage les conséquences d’une rupture future, par ex. les droits qui, autrement, naîtraient au moment de la dissolution du mariage ou du décès de l’un des époux. Les contrats de mariage internationaux (contrats comportant des rapports significatifs avec plusieurs pays) entraînent des questions importantes en ce qui concerne le tribunal compétent, le droit applicable, la reconnaissance et l’exécution. Cet article contient une étude comparative entre le système de conflit de lois aux Etats-Unis et dans l’Union européenne à propos des contrats de mariage conclus en vue d’un divorce, en mettant l’accent sur des questions de compétence juridictionnelle. L’opportunité de clauses de choix du for et leurs limites est au centre de cette étude.
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Sarapani, Stella. "The Import of Cultural Goods under EU and Greek Law – A Critical Outlook." Santander Art and Culture Law Review 7, no. 2 (2021): 203–28. http://dx.doi.org/10.4467/2450050xsnr.21.026.15271.
Texte intégralRésumé :
In recent decades, there have been many offences against world cultural heritage by terrorist entities aimed not only at damaging the historical past and cultural identity of specific nations, but also at financing their activities through the sale of cultural objects. The European Union (EU) countries have often been the recipients of such cultural goods from conflict-ridden territories. For this reason, the EU has gradually adopted a set of legal measures aimed at reducing the flow of illegal cultural goods from third countries into its territory. Focusing on the North-Eastern Mediterranean boundaries of the EU for geopolitical reasons, this article examines the EU’s legal measures regarding the import of cultural goods from third countries from the perspective of Greece in order to investigate whether the new regulatory measures could be effective in this particular Member State. On one hand this article examines EU Regulation No. 1210/2003, Regulation No. 1332/2013, and Regulation No. 2019/880; and on the other it analyses Article 33 of the Greek Law 3028/2002 regarding the import of cultural goods. As regards the latter, this approach includes not only the law itself but also cases generated under it, its legislative history where applicable, and commentaries and literature on the law that will enable the measurement of the effectiveness of the new measures in Greece. Comparisons are also made herein, albeit to a lesser extent and mainly between the EU import rules and the relevant national rules, as the effects of EU law upon Greek law are yet to be identified.
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Jääskeläinen, Jaakko, Sakari Höysniemi, Sanna Syri, and Veli-Pekka Tynkkynen. "Finland’s Dependence on Russian Energy—Mutually Beneficial Trade Relations or an Energy Security Threat?" Sustainability 10, no. 10 (2018): 3445. http://dx.doi.org/10.3390/su10103445.
Texte intégralRésumé :
Studies on energy security in the context of relations between European Union (EU) and Russia tend to focus on cases, with an open conflict related to supply, such as “hard” energy weapons, or on only one fuel, often natural gas. However, there is a need to understand the long-term impacts that energy relations have politically, economically and physically, and their linkages between resilience, sustainability and security. We analyse the Finnish-Russian energy relations as a case study, as they are characterised by a non-conflictual relationship. To assess this complex relationship, we apply the interdependence framework to analyse both the energy systems and energy strategies of Finland and Russia, and the energy security issues related to the notable import dependence on one supplier. Moreover, we analyse the plausible development of the energy trade between the countries in three different energy policy scenarios until 2040. The findings of the article shed light on how the trends in energy markets, climate change mitigation and broader societal and political trends could influence Russia’s energy trade relations with countries, such as Finland. Our analysis shows that Finland’s dependence on primary energy imports does not pose an acute energy security threat in terms of sheer supply, and the dependence is unlikely to worsen in the future. However, due to the difficulty in anticipating societal, political, and economic trends, there are possible developments that could affect Finland.
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Amos, Rob, and Emily Lydgate. "Trade, transboundary impacts and the implementation of SDG 12." Sustainability Science 15, no. 6 (2019): 1699–710. http://dx.doi.org/10.1007/s11625-019-00713-9.
Texte intégralRésumé :
Abstract The 2015 Sustainable Development Goals (SDGs) were developed to ‘transform our world’. Yet critics argue that the concept of sustainable development serves to maintain an unsustainable status quo, or provide a positive gloss on a terminal conflict between its ‘pillars’: environmental protection, economic growth and social welfare. In this article, we examine this tension with respect to the implementation of SDG 12 in the European Union. SDG 12 calls for responsible consumption and production, which necessitates reconciling, or ‘decoupling’, economic growth and environmental degradation: the core of sustainable development. Initial examination reveals that the largest implementation gap is among high-consuming countries, including those of the EU, the focus of our article, who are failing to account for transboundary impacts of products consumed domestically. This shortcoming, facilitated by the flexibility of the SDG ‘global target, national action’ approach, undermines the achievement of other environmental SDGs relating to biodiversity and climate, among others. Yet, as compared to other EU approaches to addressing transboundary environmental harm from trade in existing Free Trade Agreements (FTAs) and Multilateral Environmental Agreements (MEAs), which we examine, the global focus and breadth of SDG 12 offers transformative potential. Ultimately, even if the three pillars of sustainable development are not ‘rebalanced’ toward environmental conservation, they can provide a construct for examining interactions and trade-offs between goals. Simply taking account of transboundary consumption, as SDG 12 indicators call for, would encourage more effective cooperation to help producing countries address environmental problems that result from production for export through impact assessment and enforcement.
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Sarkin, Jeremy Julian. "The Need for a New Paradigm in International Law to Provide International Protection." International Human Rights Law Review 10, no. 2 (2021): 247–90. http://dx.doi.org/10.1163/22131035-10020002.
Texte intégralRésumé :
Abstract Too little is provided, not only in international law, but also by the United Nations, for victims around the world. This article therefore argues that a new paradigm is needed. It uses the conflict in Syria since 2011, specifically focusing on how enforced disappearances and arbitrary detentions have been used, to examine these questions. It has been reported that at least 150,000 people have been affected by these practices, but the number may be as high as a million. Because the state has used these practices methodically, they amount to a widespread and systemic attack on the civilian population and, therefore, to crimes against humanity. While the Syrian regime is primarily responsible, non-state actors have also been committing these types of crimes. The article discusses the general processes that have been set up to deal with the conflict in international law and by the United Nations in places like Syria. It finds that very little has been done to end the conflict in Syria, other than mediation. The article then reviews the international processes dealing with disappearances and detentions in Syria that families can report to, and the role these institutions have played so far. It again finds that very little has been achieved. The article also examines other countries where processes have been set up to deal with missing and disappeared persons, such as Armenia, Azerbaijan, Bosnia-Herzegovina, Cyprus, and Georgia, to learn the lessons from these past processes for the Syrian situation. It is argued that, generally when mass atrocities occur, the UN on rare occasions will create an accountability process, but never creates a process that focuses on the needs of victims: finding their loved ones, getting them released from custody if they are alive, or finding the truth about what happened to them and where their remains are. The article therefore argues that a new mechanism is needed for Syria (but also for other places) to get people released, and to find information on others whose whereabouts are unknown due to the conflict and/or the mass human rights abuses. It contends that the mechanism could be set up by the UN, and if not, by a regional actor such as the European Union, or by several states. It is reasoned that the mechanism ought to have a Board made up of a representative each from the International Committee of the Red Cross (icrc), the International Commission on Missing Persons (icmp), the UN Working Group on Enforced or Involuntary Disappearances (wgeid), the UN Working Group on Arbitrary Detentions (wgad) and a Syrian organisation, elected each year.
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van Kampen, Catherine, Elizabeth M. Zechenter, Sophia Murashkovsky Romma, and Robert Jeffrey Powell. "A Survey of Immigration Models and Refugee Protection Schemes and their Consequences: The Case of Ukrainian Refugees." Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 3, no. 2 (2022): 141–97. http://dx.doi.org/10.7590/266644722x16710255213792.
Texte intégralRésumé :
After its illegal occupation and annexation of Crimea in 2014 and continued military support for separatists in the Donbas, Russia escalated its war against Ukraine in February 2022 with direct ground attacks by Russian military forces on Ukraine's eastern, northern and southern borders, a blockade of Ukraine's coast and aerial attacks throughout the country. Millions of Ukrainians fled, including thousands of international students residing in Ukraine. Countries around the world responded to the resulting refugee crisis with varying policies. Many of Ukraine's neighboring countries enacted model immigration laws and developed various support schemes. Some governments, such as in Poland and the European Union (EU), immediately granted Ukrainian refugees the right to live, work, obtain access to education and receive benefits comparable to those to which their own citizens are entitled and created a generous and protective immigration model that attempts to prevent human trafficking and other forms of exploitation. Other countries geographically removed from the conflict used different models, including some with a private sponsorship component that, despite the best of intentions, may in retrospect be exposing refugees to the dangers of human trafficking and exploitation.<br/> Ukrainian refugees – also referred to as internally displaced persons (IDPs) if still remaining in Ukraine or as parolees if attempting to enter the United States (US) – seeking entry into the United Kingdom (UK) or US are required to find a private sponsor who accepts financial responsibility for them during their stay in their host country. In the UK, private sponsors are paid a monthly stipend, while in the US, private sponsors are not paid but actually contract with the US government to be financially responsible for the persons whom they are sponsoring. By contrast, Ukraine's neighbors, including Poland, with notably less economic and fiscal resources than either the UK or the US, have no private sponsorship requirement.<br/> Since the collapse of the Soviet Union in 1991, Ukrainians have been a vulnerable population subjected to human trafficking – a situation exacerbated by Russia's current war against their country. In the first weeks of the war, credible firsthand and in-real-time reports by Ukrainian- and Russian-speaking attorneys and human rights advocates quickly emerged that describe Ukrainian women refugees utilizing online dating platforms, social media sites and online chat rooms to find private sponsors in the UK and the US. While this government policy requiring private sponsorship appeared to be a prudent means for vetting refugees, burden-sharing and shifting the hosting costs away from taxpayers and governments' ledgers, the policy has unintended consequences. Refugee and human trafficking experts state that the private sponsorship requirement compels Ukrainian refugees, 90-plus percent of whom are women and children, to 'market' themselves – often online – to potential private sponsors in the UK and US, thereby exposing themselves to human traffickers. This policy has potentially – albeit unintentionally – increased, exacerbated and even facilitated the human trafficking of Ukrainian refugees, an already vulnerable population experiencing a precariously heightened risk for physical, sexual and economic exploitation due to their growing desperation for physical safety.<br/> This article, written from the practitioners' perspective, discusses how the private sponsorship requirement for Ukrainian refugees is potentially increasing the risk of human trafficking for an already at-risk population, unnecessarily jeopardizing their safety and further stripping them of their human dignity. The unintended consequences of private sponsorship demonstrate that such a requirement in a wartime scenario is ill-conceived, inappropriate and dangerous public policy and, dare it be said, potentially exploitative.
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Monedero, Pablo José Abascal. "Family Laws in the European Union." Socialinė teorija, empirija, politika ir praktika 19 (September 16, 2019): 87–94. http://dx.doi.org/10.15388/stepp.2019.13.
Texte intégralRésumé :
EU social policies should be complemented by contributing to a harmonious development of society, by reducing structural and regional imbalances, developing a balance between the a localized community and the national society, and improving the living standards of citizens and families of member states (Garrido 2002). Such important social policy principles as freedom and justice are addressed and represented in family laws in the EU regulations introduced during the period of 2000–2016. In this article, we studied the EU’s legal solutions in reference to national (Spain) laws on these matters: children and parental responsibility (adoption, child abduction, family benefits) and couples (matrimonial, regimes, prenuptial agreements, provisional measures). This legislation is necessary in the face of the proliferation of families whose members have different nationalities, and even in the mobilization of residences. Cooperation has intensified between national judicial authorities to ensure that legal decisions taken in one EU country are recognized and implemented in any other. This is highly important in civil cases, such as divorce, child custody, maintenance claims, or even bankruptcy and unpaid bills, when the individuals involved live in different countries. The development of family laws is one of the most important factors of family welfare in European countries.
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Mojanoski, Goran, and Vesna Bucevska. "Event study on the reaction of the Balkan stock markets to the conflict between Russia and Ukraine." Croatian Review of Economic, Business and Social Statistics 8, no. 2 (2022): 18–27. http://dx.doi.org/10.2478/crebss-2022-0007.
Texte intégralRésumé :
Abstract The aim of this paper is to examine the reaction of South Eastern European stock markets to the armed conflict between Russia and Ukraine. With a sample of seven stock market indices, the event study methodology is applied to examine the influence of the conflict between two countries on European ground over stock indices of emerging markets in South Eastern Europe. Results indicate that beginning of the conflict in late February brought a very strong significant price correction and stock markets in the examined countries became maximum oscillatory and subjected to light and rapid changes on a daily level. The findings contribute to the research on economic impact of the armed conflict by providing empirical evidence that conflict between two European (Non-European Union members) countries has spill-over effects on stock markets on other European (European Union members and Non-European Union members) countries. The findings have important implications for portfolio diversification and thus can serve in the asset allocation decision of investment managers.
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Kurowski, Witold. "Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 9 października 2019 r. w sprawie BGL BNP Paribas SA c/a TeamBank AG Nürnberg (C‑548/18)." Problemy Prawa Prywatnego Międzynarodowego 26 (June 29, 2020): 223–36. http://dx.doi.org/10.31261/pppm.2020.26.13.
Texte intégralRésumé :
The question of the law applicable to the third-party effects of assignments of claims is widely discussed in the doctrinal debates. In common opinion, the existing European conflict-of-laws regulations do not provide for a rule governing this issue. In the case BGL BNP Paribas SA v. TeamBank AG Nürnberg (C‑548/18), the Court of Justice of the European Union confirmed this gape of the Rome I Regulation.The gloss presents the justification of the European Union Court’s judgment, the reasons for the lack of the uniform conflict-of-laws regulation, and the consequences of this state. It also analyses briefly the European Commission’s proposal for the EU Regulation concerning the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final), as a response to this situation. Finally, it examines the appropriate conflict-of-laws rules for proprietary effects of assignments of claims (the law of the assignor’s habitual residence and the law of the assigned claim).
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Mucmataj, Ilda. "The Impact Of Rome I Regulatıon In Albanıan Prıvate Internatıonal Law." European Scientific Journal, ESJ 12, no. 4 (2016): 150. http://dx.doi.org/10.19044/esj.2016.v12n4p150.
Texte intégralRésumé :
In terms of globalization, the economic activities have overcome national boundaries of states. So due to people’s mobility and their frequent relations in private field, the number of private international actions has increased as well, and gives in this way the importance of private international law. The conflict of law rules in the national law were not unaffected by European integration. So, the developments that took place in the European Union in the field of private international law over the past years had a large impact on the national conflict of laws rules in Albania, especially on the conflict of laws rules of certain specific areas of law. The aim of this article is to analyze the interaction between European Union law and the Albanian conflict of laws rules in the area of contractual obligations. So on one hand, I have presented a general analysis on the main provisions of the EC Regulation No. 593/2008 of The European Parliament and of the Council of 17 June 2008 on the Law applicable to contractual obligations, known as (Rome I), as the role of the European Union is becoming increasingly active in PIL. While, on the other hand I have presented a short introduction of the historical development of APIL and its characteristics and then I have given a comparative view of Albanian Private international Law relating to the contractual obligations with the focus on party autonomy provisions. The article concludes with a short conclusion.
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Jakab, Radomír. "The Influence of EU Law on Public Administration in New Member States." Public Governance, Administration and Finances Law Review 5, no. 1 (2020): 48–61. http://dx.doi.org/10.53116/pgaflr.2020.1.3.
Texte intégralRésumé :
The membership of Central and Eastern European countries in the European Union has influenced the development of almost all branches of law, including administrative law. The paper analyses the influence of European Union law on the fundamental object of interest of administrative law within new member states – on public administration and its laws. In this context, the influence on laws governing the organisation of public administration, laws governing the activities and tasks of public administration as well as laws governing processes in public administration will be assessed.
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Stokke, Torgeir Aarvaag. "Conflict regulation in the Nordic countries." Transfer: European Review of Labour and Research 8, no. 4 (2002): 670–87. http://dx.doi.org/10.1177/102425890200800406.
Texte intégralRésumé :
The four Nordic countries share several basic features concerning industrial relations, enabling a discussion of conflict regulation to be restricted to five aspects: by-laws and bargaining traditions, bargaining structure, mediation, state intervention in the bargaining process, and legal regulations concerning industrial action. Regulations in the four countries reflect to some extent the varying historical capacity of the main union confederations to centralise collective bargaining. Variations also relate to the sources of the regulations, i.e. whether they are unilateral, bilateral (collective agreements) or state imposed. These differences and their strengths and weaknesses are discussed, as are trends in industrial action, pointing out the rise of public-sector strikes and newer features of industrial conflict in the private-service sector.
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Juenger, Friedrich K. "Two European Conflicts Conventions." Victoria University of Wellington Law Review 28, no. 3 (1998): 527. http://dx.doi.org/10.26686/vuwlr.v28i3.6066.
Texte intégralRésumé :
The states of the European Union have so far concluded two major conflict of laws conventions: The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, and the Rome Convention on the Law Applicable to Contractual Obligations. Professor Juenger here reflects on the creation and experience of these treaties and concludes that the Brussels/Lugano Conventions present a model for the world while the Rome Convention shows what to avoid.
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Sejdiu, Korab R. "Importing Delawares Fiduciary Duties to South-Eastern European Countries." European Company Law 10, Issue 2 (2013): 63–69. http://dx.doi.org/10.54648/eucl2013013.
Texte intégralRésumé :
The countries of South European Europe are engaged in serious efforts to develop new company laws. However, they still seem to lag behind leading states in company law such as Delaware in the USA and Germany in the European Union. At the same time, with regard to the principles of fiduciary duties, the company laws of these countries are much in line with the law of Delaware, especially due to the heavy impact that American technical assistance has had and continues to have on the drafting of those laws.
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Myers, Cayce. "Digital Immortality vs. “The Right to be Forgotten”: A Comparison of U.S. and E.U. Laws Concerning Social Media Privacy." Romanian Journal of Communication and Public Relations 16, no. 3 (2016): 47. http://dx.doi.org/10.21018/rjcpr.2014.3.175.
Texte intégralRésumé :
This paper examines the contrast between United States and European Union laws concerning social media users’ right to remove their online presence permanently. Currently, the United States and European Union represent two distinct approaches to the right of individuals to permanently remove personal content from social media. U.S. law favors social media companies keeping profile content within the digital sphere even when that person no longer wants it there. The European Union’s approach social media privacy gives users more rights to remove themselves entirely from social media permanently (General Data Protection Regulation, Article 17, 2012). Using Myres McDougal’s (1959) legal theory of international laws’ effect on national policy, this legal study examines the social media privacy laws of the United States and European Union concerning user control of personal content. From this analysis, future implications of this international conflict, specifically the legal delineation of public and private spheres in the 21st Century, are suggested.
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Korneva, P. M. "Conflicting regulation of relations in the field of medical tourism: the experience of the European Union." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 364–69. http://dx.doi.org/10.24144/2307-3322.2021.65.66.
Texte intégralRésumé :
The article is devoted to the study of the peculiarities of the conflict regulation of relations in the field of medical tourism in the European Union. The author analyzes the concept of «medical tourism» and other terms used to denote the phenomenon of travel of persons to foreign countries to receive medical services («cross-border healthcare», «medical tourism», «medical travel»). The article analyzes the regulation of the EU-member states and supra-national regulation of private law aspects in the field of medical tourism. In particular, the peculiarities of receiving medical care by citizens of the European Union, which are regulated with the Directive of the Euro-pean Council and the Parliament 2011/24 / EU on the application of patients’ rights in cross-border healthcare. The author concludes that the conflict regulation of medical tourism in the European Union is based on the general conflict rules on the conclusion and implementation of contracts in the field of services and insurance, as well as compensation for damage caused by improper performance of contracts or civil offenses (torts), resolving conflicts of jurisdiction, etc. Special conflict regulation of relations in the field of medical tourism in the European Union is not developed. At the same time, the author emphasizes the significant gaps in the conflict regulation of certain issues related to medical tourism, especially such debatable as cross-border surrogacy, organ transplantation, eutha-nasia and others. The author supports the view that for the countries of the European Union today in the context of medical tourism for the purpose of surrogacy in countries where such a procedure is legal, relevant today are issues of conflict regulation, such as determining the nationality of the child; recognition of paternity (origin of the child); recognition of birth certificates of a surrogate mother issued in other countries.
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Freier, Luisa Feline, and Jean-Pierre Gauci. "Refugee Rights Across Regions: A Comparative Overview of Legislative Good Practices in Latin America and the EU." Refugee Survey Quarterly 39, no. 3 (2020): 321–62. http://dx.doi.org/10.1093/rsq/hdaa011.
Texte intégralRésumé :
Abstract The office of the United Nations High Commissioner for Refugees (UNHCR) has identified a number of legislative good practices in Latin American asylum and refugee laws. At the same time, academics and policy-makers have long called for cross-regional comparative analyses of policies and laws to allow different regions to learn from each other’s best practices. In this article, we compare refugee legislations of Latin American countries with European Union protection standards based on UNHCR’s legislative good practices across three areas: (i) Core Principles and Scope of Protection; (ii) Procedural Safeguards and Guarantees for Vulnerable Groups; and (iii) Integration. We find that six of 19 refugee laws in Latin America provide more expansive protection than the Common European Asylum System framework, whereas other Latin American countries fall behind. The gap between Latin American legislations and European Union protection standards is closer regarding procedural safeguards, the protection of vulnerable groups, and integration provisions. Finally, Latin American countries, on average, score significantly below the European Union regarding the core principles of asylum and the scope of protection. In the second part of the article, we engage in a qualitative discussion of these legislative good practices to allow for cross-fertilization, and deliver policy recommendations.
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Sokolov, Roman, Evgeniya Mikhailovna Rogozhina, and Aleksandra Dmitrievna Tikhomirova. "Modern environmental policy of the European Union: the struggle for resources and conflict of interests in various market segments." Конфликтология / nota bene, no. 2 (February 2022): 75–86. http://dx.doi.org/10.7256/2454-0617.2022.2.37793.
Texte intégralRésumé :
The object of research in this paper is the modern environmental policy of the European Union, while the subject of research is the relationship and mutual influence of the EU environmental policy in the context of the ongoing conflict of interests on this issue in various market segments. Also in this article, the authors tried to trace the dependencies of the mechanism of implementation of the environmental policy of the European Union, establishing what impact it has on the society of European countries and their economies, and what reverse impact these areas have on environmental policy. The "European Green Course" has become the central subject of research, since the effectiveness and mechanisms of its implementation at the pan-European and national levels reveal the essence of the modern environmental policy of the European Union. The authors identify the criteria for the formation of the EU environmental policy, as well as analyze the basic principles of the implementation of pan-European legislation on environmental policy. It is concluded that the environmental policy of the European Union has one interesting feature: it is one and different at the same time. The norms and rules of each specific country differ in their strength and target areas, while the result of the application of these norms, the targets, remain equal for all countries of the Union. The compactness factor of the European Union plays a significant role in shaping the principles of implementing and building a coherent environmental policy: any environmental incident has consequences for almost all EU member states, geographically the countries are located compactly, and the current relationship between the industrial concerns of EU countries makes them extremely sensitive to supply chain disruptions.
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Shishelina, Lyubov. "HUNGARY AND POLAND: CONFRONTATION WITH BRUSSELS." Contemporary Europe, no. 100 (December 31, 2020): 5–15. http://dx.doi.org/10.15211/soveurope720200515.
Texte intégralRésumé :
The article examines the anatomy of the current conflict between Hungary and Poland with the European Commission over the mechanism of budget allocation, which created another big "headache" for Brussels against the background of other problems as Brexit and Covid. The relations between the objects of our study had been developing in different ways at certain stages of integration and convergence. In practice, they turned out to be more complicated than the parties initially imagined when deciding on the accession of the Central European countries to the European Union. On the one hand, as the CE countries "get used" to the European system, they feel more confident and, seeing its imperfections, more and more often either deviate from the norms previously adopted in the EU, or offer their own vision. On the other hand, the European Union still refuses to perceive these countries as absolutely equal members, does not see their regional and historical specifics, and tries to adapt them to itself. This increases the latent conflict within the European Union and forms within it a coalition of States that support freer political integration.
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de, Negri. "Cross-border Succession issues and the attempts of Serbian legislation to be harmonized with the European legislation on succession matters." Pravo - teorija i praksa 38, no. 3 (2021): 1–13. http://dx.doi.org/10.5937/ptp2103001d.
Texte intégralRésumé :
The study deals with the importance of harmonization processes related to the succession rules in the European Union. During the examination of the harmonization processes, a particular attention has been paid to migration, which nowadays has a deep impact on inheritance cases. In this regard the study demonstrates how the judicial cooperation is being realized in the European Union when it comes to succession-related issues. Among these, the study examines the current norms of the Serbian Act on private international law, which, from some aspects, has an obsolete system considering the conflict of laws rules in matters of succession with an international element. Namely, these rules are not harmonized with those of the European Succession Regulation, which means that the Serbian IPL system does not currently follow the European trends in legislation. Furthermore, it does not take into consideration certain current phenomena, especially the international migration and globalization. At the same time, Serbia is working hard to achieve a certain level of legal harmonization with the EU legislation. One proof of the harmonization attempts is the draft of the new PIL act of Serbia. The new concept of the conflict of laws rules and the new systemic approach of connecting factors is nearly completely identical with that of European legislative trends, especially regarding the scope of succession. If the draft act comes into force, it will mean, beyond any doubt, a giant leap for the country towards the European Union.