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1
Lee, Bo Yeon. « Subsidiary Protection of the European Union and the Case Law of the Court of Justice of the European Union ». LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, no 1 (30 juin 2022) : 169–200. http://dx.doi.org/10.34267/cblj.2022.33.1.169.
Texte intégralRésumé :
Complementary (or subsidiary) protection refers to the international protection provided outside the system of the Geneva Convention. Refugees who cannot return to their home countries due to violence or inhumane treatment but does not fall into the the legal definition of the Convention may be granted complementary protection status. Korea provides the humanitarian residence permit as a complementary protection. However, the Refugee Act has a few provisions on a humanitarian stay permit. This article examines subsidiary protection in the European Union which established the Qualification Directive (QD) and the case law of the Court of Justice of the European Union (CJEU) regarding the Directive.
The QD provides refugee and subsidiary protection as a form of international protection. The objective of the Directive is to introduce the unified standards for determining who qualifies as a refugee or as a person eligible for subsidiary protection, and the content of international protection.
Additionally, it was intended to equalize the legal status of subsidiary protection to refugee. The CJEU confirmed that the goal of the QD is to provide adequate protection to those who meet the requirements for international protection. The CJEU did not overlook the independent characters of the Directive, while taking into account the interpretation of other international treaties and the ECtHR.
The Korean humanitarian residence permit system is not sufficient to fully revive the intent of complementary protection. To accomplish the purpose of international protection, it is required to draw clear rules regarding a humanitarian residence permit in the Refugee Act. It is also necessary to present clear requirements and application procedures for the permit, and to guarantee the status of humanitarian residents.
2
Picchi, Marta. « Violence against Women and Domestic Violence : The European Commission’s Directive Proposal ». Athens Journal of Law 8, no 4 (30 septembre 2022) : 395–408. http://dx.doi.org/10.30958/ajl.8-4-3.
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The Commission proposed to enshrine in the law of the European Union minimum standards to criminalise certain forms of violence against women; protect victims and improve access to justice; support victims and ensure coordination between relevant services; and prevent these types of crimes from happening in the first place. In particular, the Commission’s proposal would make it possible, on the one hand, to surmount the gaps existing in some Member States and, on the other hand, to standardise the various national legislations with a single discipline valid in all the countries of the European Union. This paper focuses on the contents of the European Commission’s proposal by highlighting and reflecting on the key points. Keywords: Violence against women; Domestic violence; Directive proposal; European Commission; Minimum standards
3
Ristić, Vladimir. « The European model of the integrated border management ». Pravo - teorija i praksa 39, no 2 (2022) : 91–107. http://dx.doi.org/10.5937/ptp2202091r.
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The enlargement of the European Union has called for a reevaluation of the way the external borders to be protected as a necessary consequence of the free movement of people in the European Union. It also appears to be a result of a fundamental component of the area of freedom, security and justice. The abolition of the internal border checks and a different approach to external borders followed by emerging forms of cross-border crime with a cross-border dimension, illegal migration, trafficking in human beings and terrorist threats constantly being on the rise, have requested a different approach. The lack of economic perspective, poverty, environmental disasters and wars have forced people to look for a better life else where, which has led to the most important global phenomenon of the 21st century migration. Migration issues have made us think about the important matters faced by developed countries independently, and as such they are currently at the top of the European Union's political agenda. To respond effectively to emerging challenges and threats, the European Union has expedited the development of the integrated border management as a generally acceptable border management model, as well as a key factor in improving migration management. The paper is based on the information gathered from the open sources of the European Union institutions, as well as from personal experiences gained throughout the course of border management reform in Republic of Serbia.
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Picard, Séverine. « Fair tax policies in the western Balkans : challenges and recommendations for a trade union agenda ». SEER 25, no 2 (2022) : 143–82. http://dx.doi.org/10.5771/1435-2869-2022-2-143.
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This article examines the structure and scale of taxation in four western Balkans countries – Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia – in the context of the work of the international trade union organisations (the ITUC and the ETUC) to improve tax fairness and justice, and in seeking to hold multinational enterprises better to account. Based on a review of evidence from publications in the field authored by the major international organisations and drawing in particular on the Staff Working Documents produced by the European Commission, supplemented by field material gathered first-hand from trade unions active within these countries, the author sets out the challenges facing each of them in coming to terms with squeezed public finances, not least as a result of Covid-19, in the context of sizeable demands for public investment to deliver better public services. She closes by setting out an agenda which trade unions might adopt in broadening their calls for tax reform and, crucially, in developing the public debate about tax fairness and building alliances for change.
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Dinicu, Anca. « The Challenge Of Asylum To The European Union’s Policy In A Knowledge Based Society ». International conference KNOWLEDGE-BASED ORGANIZATION 21, no 1 (1 juin 2015) : 28–31. http://dx.doi.org/10.1515/kbo-2015-0004.
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Abstract Migration is not a new phenomenon. People have been forced or tempted to leave their homes since ancient times, due to the economic (lack of resources, type of property, level of national economy development, better careers, famine), social (family reunification, social justice, poverty), political (oppression, war, ideology) or environmental (flooding, drought) problems. If for some, migrating is a quest of improving an already good living, for many others, it is a quest of survival. On this second aspect the paper intends to focus on, especially by relating the issue with the pressure created not only upon some European countries, but also upon the European Union as a political international actor. It seems that migration reveals a whole spectrum of vulnerabilities concerning the European Union internal security, including lack of sane regulation, which if not tackled properly can easily create disorder and endanger regional security. One thing is for sure – tackling migration and asylum problems should be structured on solidarity and responsibility, both at national and European levels.
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Aldag, Ole. « Due Diligence and Environmental Damages Under Rome II ». European Review of Private Law 28, Issue 6 (1 décembre 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
7
Raganelli, Biancamaria, et Pierre de Gioia Carabellese. « From the pandemic to the recovery : a legal analysi ». Estudios de Deusto 69, no 2 (27 décembre 2021) : 185–227. http://dx.doi.org/10.18543/ed-69(2)-2021pp185-227.
Texte intégralRésumé :
The Covid pandemic has raised various legal issues, fueling the scientific debate on the relationship between fundamental rights and freedoms in the global emergency context. Moreover, a case law has started developing within the different jurisdictions. Additionally, constitutional Courts, in different countries, have ruled over potential conflicts of interest among central powers and local ones, and even some decisa of the Court of Justice of the European Union have started “blossoming” in this area. Against the backdrop of this analysis, the paper discusses the main legal problems sparked off by the declaration of the state of emergency, with a focus on the main EU jurisdictions and with glimpses of non-EU countries. The aim of this is to discuss the balance between fundamental rights and liberties in decisa in different legal systems, as well as the interpretation given to principles of proportionality of the public health measures, adequacy, precaution and loyal collaboration and the relationship between freedom and limits to public power. Bearing this in mind, the purpose of the work is to demonstrate that, first and foremost, in Europe there is room for both a formal and a substantial recognition of common rights and liberties in terms of interpretation and application of constitutional traditions, shared by the different Member States. The relevant adherence to these principles is guaranteed by the European Court of Justice. Second, the recovery after the pandemic is an open challenge. An important opportunity for Europe and its Member States is materialising, and this is to take a step forward on the bumpy path toward a European Political Union capable of strengthening a structure weakened by several earthquakes. A path and a project still plenty of pitfalls that needs to regroup around a central core increasing unification among European peoples (art. 1 TEU), which has never meant to be an alternative to national identity.
Received: 24.11.2021Accepted: 13.12.2021
8
Stankiewicz, Wojciech. « Prawa imigrantów a wysiedlanie Romów we Francji i reakcja Unii Europejskiej ». Sprawy Narodowościowe, no 39 (15 février 2022) : 159–73. http://dx.doi.org/10.11649/sn.2011.027.
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Immigrant Rights vs Expulsions of the Roma People in France in Light of the European Union’s ReactionThe article first presents how immigration policies determine the norms which European Union countries apply in their law towards immigrants. Next the author deals with the Roma as a national minority living in France, where it is not yet recognised as equal to other national or ethnic communities. Even though Romany people are protected by law, their legal status is unstable due to their cultural dissimilarity. Numerous dilemmas arise, thus making it difficult to accept any official recognition of the Roma as a supranational or national minority.Relations between France and the European Union have deteriorated since the incident connected with the Roma deportations in 2010. There have been many accusations aimed at the French authorities, and also a threat of bringing proceedings against France before the Court of Justice. The EU strongly condemned France and its immigration policy. This, however, did not change French attitudes towards the Roma. The reaction of the EU did not result in a sudden change in French legislation which aims at preventing an influx of immigrants. In addition, France has introduced special acts to protect the country from a return influx of the Roma minority. The Directive on the free movement of citizens between EU countries has not been fully enforced in France. In the ensuing situation, the ratification of this document will occur in 2011.
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Lučić, Sonja. « The supplementary protection certificate : The recent decisions of the Court of justice of the European Union ». Pravo - teorija i praksa 38, no 4 (2021) : 101–14. http://dx.doi.org/10.5937/ptp2104101l.
Texte intégralRésumé :
In recent years, public health systems in high-income countries have been heavily exposed to pressures due to high drug prices. High drug prices are affected by market monopolies that pharmaceutical companies have thanks to patents, i.e. the exclusive rights granted to them for drugs. An additional factor affecting high drug prices is the extended forms of intellectual property protection, including the extension of the exclusivity period after the expiration of a patent for medical devices. The supplementary protection certificate as a form of a supplementary protection for pharmaceutical products in the European Union is regulated by the Regulation 469/2009. This form of protection is also known in the national patent regulations. Since the entry into force of the Regulation 469/2009, there has been debated the question of whether the supplementary protection certificate should be available for new therapeutic uses of previously approved active ingredients. In addition, the subject of interpretation was also the Article 3(a) of the Regulation 469/2009 requiring that the "product" (i.e. the active ingredient or combination of active ingredients) being the subject matter of the SPC application, should be "protected by the basic patent". The author analyzes several important decisions of the EU Court of Justice, with an emphasis put on the recent verdicts in both the "Santen" and "Royality Pharma" cases. In the grounds of these cases, there have widely been discussed the issue concerning the encouragements given to pharmaceutical companies being involved into medical researches in order to stimulate their investment into innovation treatments.
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Mazzucco, Walter, Claudio Costantino, Vincenzo Restivo, Davide Alba, Claudia Marotta, Elisa Tavormina, Achille Cernigliaro et al. « The Management of Health Hazards Related to Municipal Solid Waste on Fire in Europe : An Environmental Justice Issue ? » International Journal of Environmental Research and Public Health 17, no 18 (11 septembre 2020) : 6617. http://dx.doi.org/10.3390/ijerph17186617.
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Landfilling should be the last option in an integrated Municipal Solid Waste (MSW) management approach. In the European Union (EU), the policy framework to protect the environment and the public health against the impact of health hazards related to urban solid waste management has been consistently implemented in recent decades. A growing interest in the negative impact of fires in waste landfills on the environment and people’s health was reported in some European countries. In Italy, an increasing occurrence of arsons in MSW and landfills has been reported in recent years. During the summer of 2012, a multi-site arson occurred in the Palermo Municipal solid waste landfill of Bellolampo (western Sicily), giving rise to an environmental emergency of public health concern. Local health authorities reacted by creating an inter-institutional multidisciplinary task force with the aim to implement measures to prevent and control the risk of exposure by delimiting a protection area to be taken under strict monitoring. Environmental and epidemiological investigations were put in place by air, soil, and farm product sampling. A syndromic surveillance of the exposed population was conducted as well. The air monitoring stations system in place detected an increase in the concentrations of dioxins and dioxin-like substances with the PM10 highest emission pick documented within the first 24 h and estimated at about 60 μg/m3. Levels of heavy metals above the limits permitted by law were detected in the top- and sub-soil samples collected within the two landfill sampling sites and also in other nearby sites. Non-conforming concentration values of dioxins and dioxin-like substances were detected in samples taken from farms, milk, and water. The health syndromic surveillance did not document any daily increase in the notification of emergency admissions related to acute respiratory diseases or any other health effect potentially related to the waste arson, but these findings were limited by the non-systematic collection of data. The experience reported in the present case report, as declined within the European Union policy framework and in the view of environmental justice, documented the need to structure a permanent collaboration between the different institutional actors involved in environmental and public health protection activities in order to develop specific protocols to manage events related to the occurrence of waste-related environmental emergencies or disasters.
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Comte, Françoise. « Environmental Crime and the Police in Europe : A Panorama and Possible Paths for Future Action ». European Energy and Environmental Law Review 15, Issue 7 (1 juillet 2006) : 190–231. http://dx.doi.org/10.54648/eelr2006022.
Texte intégralRésumé :
Environmental crime is one of the most lucrative forms of criminal activity. The illegal dumping of hazardous waste, trafficking of dangerous substances and smuggling of protected natural resources is estimated to be worth between EUR18 and EUR25 billion per year. The trafficking of endangered species generates the highest revenue of all types of environmental crime and is widely considered to be second in value only to drug trafficking. Environmental crime is believed to be expanding constantly. In spite of this, it is not currently a political priority, having taken a back seat to anti-terrorism measures since 11 September 2001. This article aims to show that environmental crime is one of the most serious forms of criminal activity - it threatens the very existence of mankind. In order to do this, the article begins by advancing a definition of environmental crime, which is intended to allow the reader better to understand its implications for our society. An attempt is then made to provide a financial estimate of the worldwide value of this criminal activity, in order to shed light on its scale and diversity. Next, the article examines various examples from European Union (?EU?) countries (Member States and candidate countries) in order to illustrate the ways in which police combat environmental crime. Examples of international cooperation in this field are also provided. Finally, the article proposes a number of possible paths for future action which might push environmental crime up the criminal law and crime-fighting policy agenda in EU Member States and EU policy as a whole. In this respect, the recent judgment by the European Court of Justice (?ECJ?) concerning European Community competence in criminal law provides interesting material for reflection.
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Kaklauskaitė, Ulijona, et Jekaterina Navickė. « Eco-social State in the European Union : the Relationship Between the Social and Climate Policy of the Member States ». Socialinė teorija, empirija, politika ir praktika 22 (29 juillet 2021) : 101–15. http://dx.doi.org/10.15388/stepp.2021.32.
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This article analyzes the relationship between the social and climate policies of the European Union member states and examines the concept of the eco–social state. In the climate crisis era, the need for a close link between social and climate policies is particularly acute. The European Green Deal and other EU strategies reflect a political agenda with a specific interest in social and ecological goals. We aim to answer whether more significant state efforts in the social field are related to a similarly more substantial commitment in climate policy or whether a greater focus on one means less attention on another.
On a theoretical level, we discuss the challenges of climate change for social policy and present the concept of climate justice. The similarities and differences between the ecological and the welfare state are also examined. We argue that the concept of climate justice highlights the phenomenon of a double and even triple injustice on a global level, which requires joint efforts in spheres of social and climate policy. Eco-social state combines social and environmental institutions intending to ensure welfare and sustainability and thus complements the traditional concept of the welfare state. The Koch-Fritz (2014) classification, which distinguishes between the established, deadlocked, emerging, and failing eco-social states, is presented in the paper and used for the empirical analysis.
The empirical part of the paper employs non-parametrical correlation and hierarchical cluster analysis. The former allows for exploring the links between the ecological and social indicators. The latter enables countries to be grouped according to social and climate indicators and compared to the traditional classification of welfare states and Koch-Fritz models of eco-social states. The analysis is based on social and climate indicators of the Europe 2020 strategy. The study found that countries that provide relatively more significant funding for traditional social problems also perform better in climate change adaptation and mitigation policies by reducing greenhouse gas emissions in an effort–sharing sectors and final energy consumption. We show that clusters of the EU member states in terms of social and climate indicators (eco–social state models) are very similar to their membership in the traditional welfare states’ classification.
Moreover, social democratic welfare states are better prepared to address climate change than countries representing other types of welfare states. Thus the analysis confirms the social democratic welfare states as established eco–social states, while the conservative-corporate and liberal welfare states can indeed be called deadlocked eco–social states with average results. We show, however, that Lithuania, together with other Eastern European and Southern European countries, fluctuates on both the best and the worst social and climate change mitigation outcomes. Hence those should be attributed to a group with the mixed results and can be named as failed-emerging eco-social states.
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Djoric, Zarko. « Blue economy : Concept research and review of the European Union ». Zbornik Matice srpske za drustvene nauke, no 182 (2022) : 233–56. http://dx.doi.org/10.2298/zmsdn2282233d.
Texte intégralRésumé :
The concept of the blue economy is a part of a new wave of economic thought that emphasizes the sustainable use of natural resources in the world?s oceans, seas and coastal areas. The blue economy, which is dominated by the principle of sustainability, is directly contrasted with the development of another cycle of linear exploitation of limited planetary resources. In contrast, a sustainable blue economy envisages economic activities such as greening shipping, coastal renewable energy, carbon sequestration, eco-tourism, genetic marine resources, sustainable aquaculture and the development of new seafood as new trends in the decades ahead. The paper analyzes the key postulates of the blue economy concept, as well as European experiences and challenges in this field, using the methods of theoretical analysis. Based on the empirical findings of the paper, the general conclusion is that the oceans, coastal areas and marine activities will play a crucial role for the economic and environmental future of the European Union and its citizens. The European blue economy can and must be a central and solid pillar that contributes to the general resilience of society itself. Overall, the European Union has recognized the importance of the blue economy in generating new jobs and achieving prosperity and security, but its potential has yet to be unlocked. What is important is that the affirmation of the concept of the blue economy takes place in the spirit of the fundamental principles of the 2020 strategy, according to which growth must be smart (with respect to integration of cutting edge science-based, innovative solutions and industrial leadership), sustainable (in economic, social and ecological terms tackling societal challenges) and inclusive (considering the multitude of coastal, marine and maritime activities and trade-offs between them). The general lesson is that the European institutions responsible for ocean health and safety must seriously consider an appropriate framework that allows the blue economy to thrive while maintaining high standards of sustainable development in line with the EU?s vision for a carbon-free society. When it comes to the European Union (and its members), the development of the sustainable and fair blue economy in the coming period should take place in accordance with the principles of the European Green Agreement, as a long-term strategy for sustainable growth, which will require: transformation of value chains of the blue economy in terms of moving away from linear business models to circular ones, with less resource consumption and waste; introduction of stricter measures against marine pollution, coastal waste and plastics; fossil fuel replacement; investing in biodiversity conservation; restoration and protection of ecosystems; promoting nature-based solutions and options and incubating marine renewable energy and innovative blue biotechnology. At the same time, all blue economy sectors have to reduce their climate and environmental impact and contribute to the recovery of marine ecosystems. In achieving overarching goals such as reducing greenhouse gas emissions, increasing resource efficiency and reducing overall environmental impact, the EU should focus on five promising and innovative sectors, namely: blue energy, aquaculture, coastal and maritime 256 tourism, blue biotechnology and seabed mining. To address the previous challenges, special emphasis should be placed on the need for multisectoral, inclusive, transparent and holistic governance (public-private dialogue) to integrate the sustainable use of human resources with environmental protection and social justice. Improving governance processes should primarily be based on: 1. Citizen engagement and ocean literacy, namely, the involvement and empowerment of local communities and 2. ?ffirmation of maritime spatial planning, with the following advantages: protect the environment through early identification of impact and opportunities for multiple use of space; encourage investment by creating predictability, transparency and clearer rules; increase cross-border cooperation between EU countries to develop energy grids, shipping lanes, pipelines, submarine cables and other activities, but also to develop coherent networks of protected areas; and reduce conflicts between sectors and create synergies between different activities.
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Bujor, Răzvan. « Migration from the perspective of climate change ». Proceedings of the International Conference on Business Excellence 16, no 1 (1 août 2022) : 556–66. http://dx.doi.org/10.2478/picbe-2022-0053.
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Abstract The present paper has as main objective to examine the literature and show the literature review, debates and discussions related to migration and implication of economic development. Media and academic circles are strongly attracted by the topic of migration and its consequences. Aspects brought into attention, from migration and economic development point of view are: climate change, social, economic, political and legislative. The reality is pushing us to research this phenomenon because migration effects are already visible and important for European communities, both for origin and destination countries. It comes questions that point to the core of economic, social, politic and environmental developments of the 21st century and these are referring to environmental and climate justice, as well as existing and growing of the relationships between the involved parties. This paper presents also the literature review analysis of different framings, points of view and lines of argument, and highlighting debates about securitization of climate change, depending on economic and connections to development studies and adaptation research and their influence on migration decision. Migration decision dependents on many factors, such as: level of life, education, employment opportunities, gender and age, familial needs and financial possibilities, but climate change, too. Also, the present paper will point out scientific papers that address the new challenges influencing labour migration inside European Union such as: COVID-19 pandemic, environmental changes, besides social inequalities and regional conflicts which are now at the borders of the European space.
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Lovas, Dóra. « Relevance of the Court Decision on the Hinkley Point Nuclear Power Plant in Relation to Paks II ». Studia Iuridica Lublinensia 30, no 2 (30 juin 2021) : 305. http://dx.doi.org/10.17951/sil.2021.30.2.305-317.
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<p>The aim of the article is to present the ruling of the Court of Justice of the European Union (CJEU) in the case of the Hinkley Point C nuclear power plant. This investment can also be related to the Paks II nuclear power plant investment, therefore the two investments are compared too. Both projects were examined by the European Commission, which take an important part when the national aid was awarded to Hinkley Point C and Paks II projects, and the decision of the CJEU also had influence on it. The author considers the European Commission’s aid conception positive, because the less developed countries are not forced to use only the renewables, but the environmental and security aspects of nuclear energy are also allowed (e.g. Hinkley Point C and Paks II nuclear power plants). The subsidy was allowed in both cases, but the reasons are different. In these cases, the limits of the EU energy politics can be seen, i.e. the right to select the package and the priority of the energy security and sustainable development. To mention an example for the difference, in Great Britain the energy sector was divided among the participants on the market but in Hungary the nuclear energy remained under state control. In the first option the state wanted to prove that it grants offset for the help to the general market services and in the second option the market investor principle was highlighted in order to show no other market participant act in other way. These points were not accepted, the state aid was provided both cases with permissible reasons because the projects condescend the goals of environmental policy and energy security. The decisions show that as a result of the efforts to protect the environment the dependency on energy increased and it cannot be solved only be encouraging the usage of the renewables. The permissive attitude of the European Commission can be found here and it is influenced by the increased state regulative roles. According to the author, it also appears in the environmentally friendly decisions which refers to the Paris Agreement’s fulfilment and the involvement of environmental requirements into politics. Moreover, the European Union tries to maintain its leader role in economics, which can be reached by the decrease of energy dependency and the exclusive usage of renewable energies is not the appropriate solution. The CJEU judgement is relevant in several respects. The article focuses primarily on the issue of environmental protection, state aid and the relation between the Euratom Treaty and the Treaty on the Functioning of the European Union.</p>
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Gocht, Alexander, Nicola Consmüller, Ferike Thom et Harald Grethe. « Economic and Environmental Consequences of the ECJ Genome Editing Judgment in Agriculture ». Agronomy 11, no 6 (15 juin 2021) : 1212. http://dx.doi.org/10.3390/agronomy11061212.
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Genome-edited crops are on the verge of being placed on the market and their agricultural and food products will thus be internationally traded soon. National regulations, however, diverge regarding the classification of genome-edited crops. Major countries such as the US and Brazil do not specifically regulate genome-edited crops, while in the European Union, they fall under GMO legislation, according to the European Court of Justice (ECJ). As it is in some cases impossible to analytically distinguish between products from genome-edited plants and those from non-genome-edited plants, EU importers may fear the risk of violating EU legislation. They may choose not to import any agricultural and food products based on crops for which genome-edited varieties are available. Therefore, crop products of which the EU is currently a net importer would become more expensive in the EU, and production would intensify. Furthermore, an intense substitution of products covered and not covered by genome editing would occur in consumption, production, and trade. We analyzed the effects of such a cease of EU imports for cereals and soy in the EU agricultural sector with the comparative static agricultural sector equilibrium model CAPRI. Our results indicate dramatic effects on agricultural and food prices as well as on farm income. The intensification of EU agriculture may result in negative net environmental effects in the EU as well as in an increase in global greenhouse gas (GHG) emissions. This suggests that trade effects should be considered when developing domestic regulation for genome-edited crops.
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Schoukens, Hendrik. « Granting Legal Personhood to Nature in the European Union : Contemplating a Legal (R)evolution to Avoid an Ecological Collapse ? (Part 1) ». Journal for European Environmental & ; Planning Law 15, no 3-4 (31 janvier 2018) : 309–32. http://dx.doi.org/10.1163/18760104-01503005.
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Over the past decade, the debate on Rights of Nature as a promising novel discourse within the ever-changing context of environmental governance has gained considerable traction. An increasing number of countries, amongst whom New Zealand and Ecuador, has moved to explicitly grant legal personhood to nature, with some national courts following suit. Underlying this trend is the need to correct the prevailing instrumentalist approach to nature, which sees nature merely as an object. For now, the idea of giving certain procedural and substantive rights to nature has passed relatively unnoticed in the European Union (eu), which prides itself over its set of progressive environmental directives and regulations. This paper, which is published in two parts, posits that a rights-based approach to nature might be relevant for the eu as well, seeing that anthropocentric frames are still permeating many of the eu’s environmental strategies. Having conducted an in-depth case-law analysis of a string of relevant decisions of the Court of Justice of the eu as regards the procedural and substantive underpinnings of Rights of Nature, it is argued that some of the most well-known eu environmental directives, such as the Habitats Directive and the Water Framework Directive, can effectively be used as a catalyst on a path towards a more ecocentric approach to eu environmental governance. That said, the lack of standing for nature in its own right before eu courts, which is at the forefront of the first part of this article, remains one of the most prominent legal obstacles on the road towards a more rights-based approach to nature conservation. In the remainder of this article, it is argued that introducing a rights-based approach through the adoption of a new directive might sound appealing yet would ultimately be unable to comprehensively implement the rationale underpinning Rights of Nature. Seeing that a reform of the eu Treaties in light of a more rights-based approach towards nature appears unlikely for now, the first, concrete manifestations of nature’s rights in the eu will probably be seen at Member States’ level.
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Zhukovska, A., O. Dluhopolskyi et O. Koshulko. « Sovereignty policy under the COVID-19 pandemic conditions : unification VS differentiation ». Bulletin of Taras Shevchenko National University of Kyiv. Economics, no 215 (2021) : 31–40. http://dx.doi.org/10.17721/1728-2667.2021/215-2/4.
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Globalization, which became widespread in the late twentieth – early twenty-first century, has led to large-scale changes associated with deepening the interdependence of national economies and their interpenetration, the formation of international industrial complexes beyond national borders, weakening the ability of nations to form independent economic policies. intensification of the movement of goods, capital, labor resources, the creation of institutions of interstate regulation of global problems, the attraction of the world economy to common standards, values, principles of operation based on the ideas of universalism. Universalism recognizes freedom and justice as more important values. Instead, sovereignty, which spread as a fundamental current at the beginning of the XXI century, is opposed to international law and emphasizes that the national interests of states are more important than the ideals of civilization (the interests of mankind). The article aims are to deepen the theoretical understanding of the processes of strengthening sovereignty in response to the global pandemic COVID-19 because the state’s membership in any supranational association directly affects its sovereignty in its classical sense. The basis of the research methodology is a scientific description and logical-deductive approach, illustrated by empirical cases from around the world. Data from statistical organizations, including the United Nations, the World Health Organization, the Organization for Economic Co-operation and Development, the Council of the European Union, and national health institutions from different countries of the world, were used to analyze the progress of the COVID-19 pandemic and the response of national economies to its effects, as well as analytical reports of the World Economic Forum and the countries of the world, including the countries of the European Union and Ukraine. The study found that there is a continuing confrontation in the world between the spread of sovereignty and the ideas of globalism in the current pandemic and only time will tell which of these theories will eventually gain dominance as a policy. However, according to the results of the study, the spread of the COVID-19 pandemic is largely due to the development of globalization, the openness of world economies, as well as the growing competitiveness of national economies.
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Paschalidis, Paschalis. « Intra-EU Application of the Energy Charter Treaty : A Critical Analysis of the CJEU’s Ruling in Republic of Moldova ». European Investment Law and Arbitration Review Online 7, no 1 (21 décembre 2022) : 1–35. http://dx.doi.org/10.1163/24689017_0701002.
Texte intégralRésumé :
In its recent judgment in Republic of Moldova (also known as the Komstroy case), the Court of Justice of the European Union (CJEU) took the view that the arbitration clause contained in Article 26(2)(c) of the Energy Charter Treaty (ECT) does not apply to intra-EU investor-State disputes. This article provides a critical analysis of this ruling and highlights the methodological flaws of its reasoning. As part of this analysis, it discusses the implications of the Energy Charter Treaty’s nature as a “mixed agreement” for the scope of application of Article 26(2)(c) and the CJEU’s jurisdiction to interpret the ECT. It also discusses the proper interpretation of Article 26(2)(c) pursuant to the rules on treaty interpretation laid down in the Vienna Convention on the Law of Treaties, including with the help of documents from the ECT’s travaux preparatoires. Finally, the article deals with Republic of Moldova consequences – or rather the lack thereof – for arbitral tribunals and the courts of non-EU countries.
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Eckerstorfer, Michael F., Marcin Grabowski, Matteo Lener, Margret Engelhard, Samson Simon, Marion Dolezel, Andreas Heissenberger et Christoph Lüthi. « Biosafety of Genome Editing Applications in Plant Breeding : Considerations for a Focused Case-Specific Risk Assessment in the EU ». BioTech 10, no 3 (22 juin 2021) : 10. http://dx.doi.org/10.3390/biotech10030010.
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An intensely debated question is whether or how a mandatory environmental risk assessment (ERA) should be conducted for plants obtained through novel genomic techniques, including genome editing (GE). Some countries have already exempted certain types of GE applications from their regulations addressing genetically modified organisms (GMOs). In the European Union, the European Court of Justice confirmed in 2018 that plants developed by novel genomic techniques for directed mutagenesis are regulated as GMOs. Thus, they have to undergo an ERA prior to deliberate release or being placed on the market. Recently, the European Food Safety Authority (EFSA) published two opinions on the relevance of the current EU ERA framework for GM plants obtained through novel genomic techniques (NGTs). Regarding GE plants, the opinions confirmed that the existing ERA framework is suitable in general and that the current ERA requirements need to be applied in a case specific manner. Since EFSA did not provide further guidance, this review addresses a couple of issues relevant for the case-specific assessment of GE plants. We discuss the suitability of general denominators of risk/safety and address characteristics of GE plants which require particular assessment approaches. We suggest integrating the following two sets of considerations into the ERA: considerations related to the traits developed by GE and considerations addressing the assessment of method-related unintended effects, e.g., due to off-target modifications. In conclusion, we recommend that further specific guidance for the ERA and monitoring should be developed to facilitate a focused assessment approach for GE plants.
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Kaletnik, Hryhoriy, Oleksandr Shpykuliak, Yuliia Khvesyk et Ilona Bilokinna. « THE DEVELOPMENT OF THE COOPERATION IN REALIZING OF THE POTENTIAL OF THE RENEWABLE ENERGY SOURCES FOR THE IMPLEMENTATION OF THE "GREEN" COURSE AND SUSTAINABLE DEVELOPMENT OF THE RURAL AREAS ». Environmental Economics and Sustainable Development, no 12(31) (2022) : 26–38. http://dx.doi.org/10.37100/2616-7689.2022.12(31).3.
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In article is analyzed energy cooperatives as an organizational basis for the establishment of a "green" economy and the achievement of sustainable development in rural areas. The concepts of "green" economy, "green" energy cooperatives are presented. Ukraine's obligations in the energy sector as a candidate for membership of the European Union within the framework of the European Green Course are determined. Global world changes in electricity production for 2015-2024 are indicated, where the share of renewable energy sources increases every year, and the share of fossil fuels decreases. The necessity of creating energy cooperatives in rural areas is proved, and their economic, social and environmental advantages are given. Cooperatives are a sustainable form of economic organization, because they implement the principles of sustainability, in particular the principle of caring for society. Cooperatives are the most capable integration formations to realize the expectations of sustainable management. In addition, the article links such indicators as the percentage of the population that is unable to properly heat their homes with the number of energy cooperatives in European countries. Accordingly, the number of energy cooperatives and the number of people who can sufficiently heat their homes increases every year. Energy cooperatives provide energy democracy, which is an important element of social justice in the process of building a "green" economy and achieving sustainable development, including in rural areas. The article analyzes the foreign experience of the organizational component of the creation and functioning of energy cooperatives, examples of already established energy cooperatives in our country are given. The role of energy cooperatives in achieving the European Green Deal and the post-war reconstruction of Ukraine is determined. The importance of creating energy cooperatives in the countryside by uniting representatives of local businesses, citizens and municipalities were noted. The increase in economic benefits for business as a result of the creation and participation in the energy cooperative, due to the increase in the added value of its products, has been proven.
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TIUTIUNNYK, H. O. « DEVELOPMENT OF INSTITUTIONAL SUPPORT OF MARICULTURE IN UKRAINE : IMPLEMENTATION OF INTERNATIONAL EXPERIENCE ». Economic innovations 24, no 2(83) (20 juin 2022) : 158–84. http://dx.doi.org/10.31520/ei.2022.24.2(83).158-184.
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Topicality. The UN Summit on Global Goals and the 2030 Agenda for Sustainable Development identifies the need to address poverty and hunger, human rights, and long-term protection of the planet and its natural resources. The development of the economy should be aimed both at a single goal and to represent a multifunctional system that covers their achievements in an interdependent set. Building a blue economy in the context of sustainability is crucial not only for the Summit's global goal of 14 " Life below water", but also for the goals of resources, poverty, health, justice and prosperity. This is especially true of island and coastal states, where the seas and oceans provide daily life, livelihoods, economic opportunities in poverty and food shortages. Sustainable development of mariculture can provide significant potential for increasing revenues and contributions of the industry to the national economy. With the right approach to location, development, management and regulation, the mariculture industry can bring economic, environmental and social benefits. Mariculture as a highly productive industry based on sustainable development practices is the key to food and environmental security, a sustainable seafood supply chain and significant socio-economic benefits for coastal areas. For the effective development of mariculture, as for any economic sector, a stable basis is needed as an institutional support, which in Ukraine, unfortunately, is not characterized by a high enough level. The current state of affairs, trends and identified problems actualize the purpose of scientific research. Aim and tasks. The purpose of the study is to assess the institutional support for the development of mariculture in Ukraine and study international experience in this field in the context of its implementation in national practice. The main objectives of the study are: to study the features of the theoretical and applied basis of the development of the mariculture system in the domestic and international context, in order to identify opportunities for implementation of international experience in Ukraine; to analyze the domestic institutional context of mariculture development and the legal framework for mariculture development in countries with long traditions of marine organisms and in countries where this industry did not previously exist; to develop conclusions on the current state of institutional support and recommendations for the development of mariculture in Ukraine on the basis of compliance with international requirements and justify the possibility of their implementation. Research results. The scientific novelty of the study is that the author proposed the definition of "mariculture", an algorithm for the development of institutional support of mariculture in Ukraine based on the implementation of international norms and principles (subjective, object and spatial sphere) based on the experience of the European Union. world leaders in the development of mariculture and countries with a short tradition of growing marine organisms or where this industry did not previously exist. Conclusion. A detailed interpretation of mariculture based on the characteristics of the industry presented in the texts of the existing legal framework of Ukraine, European Union countries, world leaders in mariculture, dictionaries and works of prominent Ukrainian and foreign scientists. An algorithm for the development of institutional support for mariculture in Ukraine has been developed.
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Petriaiev, O. S. « STRATEGIC INTERESTS OF THE REPUBLIC OF TURKEY IN THE REGION OF THE MIDDLE EAST AND NORTH AFRICA ». National Technical University of Ukraine Journal. Political science. Sociology. Law, no 3(55) (21 décembre 2022) : 77–81. http://dx.doi.org/10.20535/2308-5053.2022.3(55).269555.
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The coming to power in the Republic of Turkey of Prime Minister and later President Recep Tayyip Erdogan led to a change in the ideological foundation of the state, the rejection of the ideology of Kemalism and the transition to the ideology of neo-Ottomanism with an active foreign policy in the Middle East and North Africa. The strengthening of Erdogan's power contributed to a change in Turkey's foreign policy and the development of external relations with the Islamic worlds and, first of all, with the Arab countries. The neo-Ottoman ideology has become a key element in Turkey's foreign policy strategy in the Arab region. Prerequisites for changing the foreign policy of the Republic of Turkey in the Middle East and North Africa are complex. After the political party Justice and Development came to power, it led to the desire for neo- Ottoman revanchism and the rejection of the "zero problems with neighbors" political vector. Also, through various reforms, the leader of Turkey, Recep Tayyip Erdogan, managed to neutralize the political opposition and the Turkish military, who historically were the external arbiters of Turkish political life. The strengthening of Erdogan's political position inside Turkey allowed him to change the external political course of his country. After the start of a series of revolutions in the Arab countries of the Middle East and North Africa, Turkey felt that it could regain in this region the lost political and economic positions that it had lost after the fall of the Ottoman Empire. After that, Turkey began to position itself as an important military, political and economic player in the region, competing with such countries as Israel, Egypt, Iran and Saudi Arabia. This vector of development of Turkey's foreign policy showed that the country no longer seeks to pursue a policy close to the interests of the United States and the European Union, and began to distance itself from the Western world, becoming the dominant political and military player in the Middle East, North Africa and other regions. This trend showed that the Republic of Turkey has already declared itself as a regional power that other political players need to reckon with.
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Prádanos, Luis I. « Toward a Euro-Mediterranean Socioenvironmental Perspective : The Case for a Spanish Ecocriticism // Hacia una perspectiva socioecológica euro-mediterránea : El ejemplo de la ecocrítica española ». Ecozon@ : European Journal of Literature, Culture and Environment 4, no 2 (30 septembre 2013) : 30–48. http://dx.doi.org/10.37536/ecozona.2013.4.2.527.
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This essay analyzes two ecological movements that emerged and developed in Southern European Mediterranean countries (France, Italy, and Spain) during the last couple of decades. Both the de-growth and the slow movement challenge the illogical logic of constant economic growth in the context of a limited biosphere and denounce the social and ecological degradation generated by global capitalism. Both articulate a redefinition of European environmentalism by opposing the environmental thinking of strong Euro-American tradition—very rooted in the official discourse of the European Union, such as the “gospel of eco-efficiency” (Martínez Alier 31)—that try to solve the ecological problems with the same logic that causes and perpetuates them (green capitalism, sustainable development). The de-growth and the slow movement propose instead sustainable, systemic alternatives which are socially and ecologically possible. These alternatives are based on conviviality, voluntary simplicity, slowness, and the reduction of the socioeconomic metabolism. They point out the necessity of an epistemological change and question the tyranny of industrial time (to augment constantly the production and consumption pace) to conclude that we can and need to live better with less, since it is more desirable, sustainable, and just. Since the 2008 financial crisis the de-growth and slow movement are acquiring certain popularity and visibility beyond their Euro-Mediterranean context, which makes them relevant actors on the global movement for environmental justice and the critique of global capitalism. Finally, this essay explores one of the many ways in which these Euro-Mediterranean socioenvironmental insights can be translated into ecocriticism in the specific case of recent Spanish novels. In the last decade, there have been a number of Spanish novels that use complex and sophisticated narrative strategies to focus on aspects related to neoliberal globalization. While some of them perpetuate the mainstream discourse of the European Union by privileging the uncritical celebration of digital culture, progress, and globalization, others challenge this by questioning our society’s blind faith in technological progress and economic growth—such texts advocate instead for a change of logic and lifestyle. The latter narratives seem to be more in-tune with the Euro-Mediterranean socioenvironmental movements mentioned previously and are therefore able to articulate a meaningful critique of the myths of progress, development, and economic growth by exposing the ecological and social degradation that is often generated by global capitalism. On the contrary, the kind of novel that reproduces mainstream European discourse—and, more importantly, the critics that celebrate it—tends to overtly and abundantly represent digital culture while failing to acknowledge its relation to the culture of new capitalism and its environmental and social impact. Resumen El presente ensayo analiza dos movimientos de raigambre ecologista que emergen y se desarrollan en las dos últimas décadas en los países mediterráneos del sur de Europa (Francia, Italia y España). Ambos, decrecimiento y movimiento lento, cuestionan la ilógica del crecimiento económico constante en el marco de una biosfera limitada y denuncian la degradación ecológica y social generada por el capitalismo global. Tanto uno como otro suponen una redefinición del ecologismo Europeo al oponerse a ciertos ecologismos de tradición Euroamericana—muy arraigados en el discurso oficial de la Unión Europea, como el “evangelio de la ecoeficiencia” (Martínez Alier 31)—sospechosos de querer solucionar el problema ecológico con la misma lógica que lo genera y perpetúa (desarrollo sostenible, capitalismo verde). El decrecimiento y el movimiento lento, en cambio, proponen alternativas sostenibles, sistémicas y viables económica y socialmente, basadas en la convivialidad, la simplicidad voluntaria, la desaceleración, la descomplejización y la reducción del metabolismo económico y social. Abogan, entonces, por un cambio de lógica, epistemológico, y cuestionan la tiranía del tiempo industrial (aumentar constantemente la velocidad de producción y consumo) para concluir que se puede y se debe vivir mejor con menos por ser más justo, deseable y sostenible. Desde la crisis financiera del 2008 el decrecimiento y el movimiento lento están adquiriendo cierta popularidad y visibilidad más allá del ámbito euro-mediterráneo, lo que les transforma en actores relevantes en el movimiento global por la justicia ecológica y la crítica altermundista al capitalismo global. En los últimos años se están publicando numerosas novelas españolas con estructuras narrativas complejas en las que el tema de la globalización está muy presente. Algunas de estas novelas celebran la cultura digital y la globalización de manera acrítica, coincidiendo con la corriente tecnófila hegemónica del discurso oficial europeo, mientras que otras cuestionan el modelo de crecimiento económico y la aceleración industrial, siendo más afines a las nuevas tendencias socioecológicas euro-mediterráneas. Son estas últimas narraciones las que mejor articulan una crítica coherente a la degradación ecológica y social generada por el capitalismo global al deconstruir los mitos sobre crecimiento económico y progreso tecnológico. En cambio, el otro tipo de novelas suele perpetuar en su discurso la ilógica del crecimiento económico por ser incapaces de relacionar las conexiones entre la cultura digital, la degradación ecológica y la lógica del nuevo capitalismo.
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Olivetti, Maria Livia. « Landscape Architecture and the Green Deal Dare : Five Successful Experiences in Urban Open Spaces ». Sustainability 14, no 14 (18 juillet 2022) : 8751. http://dx.doi.org/10.3390/su14148751.
Texte intégralRésumé :
The present work focuses on European cities’ environments and open spaces, aiming to demonstrate how, through landscape architecture, it is possible to respond effectively to many of the ecological and social hardships that the Green Deal aspires to alleviate. It was signed in 2019 by all of the member countries of the Union, seeks to reverse the climate change trend by establishing a series of goals for improving environmental and economic quality for 2030 and 2050 and also aims to enact social justice in rural areas and in the urban environment. Landscape architecture, which is the art of combining the physical and immaterial elements in cities’ open spaces, is taken in this work as the method of interpreting the existing environment. The description, together with the narrative analysis of five selected site-specific urban renovations projects carried out in the last 15 years by some of the main contemporary landscape architects, such as Micheal Desvigne, Peter Latz and Gilles Clément, demonstrates, by means of their empirical experiences, the benefits of the landscape design. It is able to match both the ecological need expressed in the Deal and to respond to the ambition of an open and rightful city, as called for by the theories of Sennet and Balmori. In order to reach the just transition and to leave no one behind, and to meet and to implement the Green Deal objectives, the new, positive and long-lasting explained transformations require the consideration of landscape design, in all its material and immaterial components, as a theoretical synthesis capable of obtaining a practical application in fighting climate change, and it should be considered and included in city management policies and in the Deal, too.
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Hsieh, Jin-chi, Ching-cheng Lu, Ying Li, Yung-ho Chiu et Ya-sue Xu. « Environmental Assessment of European Union Countries ». Energies 12, no 2 (18 janvier 2019) : 295. http://dx.doi.org/10.3390/en12020295.
Texte intégralRésumé :
This study utilizes the dynamic data envelopment analysis (DEA) model by considering time to measure the energy environmental efficiency of 28 countries in the European Union (EU) during the period 2006–2013. There are three kinds of variables: input, output, and carry-over. The inputs are labor, capital, and energy consumption (EC). The undesirable outputs are greenhouse gas emissions (GHE) and sulfur oxide (SOx) emissions, and the desirable output variable is gross domestic product (GDP). The carry-over variable is gross capital formation (GCF). The empirical results show that first the dynamic DEA model can measure environment efficiency and provide optimum improvement for inefficient countries, as more than half of the EU countries should improve their environmental efficiency. Second, the average overall scores of the EU countries point out that the better period of performance is from 2009 to 2012. Third, the output variables of GHE, SOx, and GDP exhibit a significant impact on environmental efficiency. Finally, the average value of others is significantly better than high renewable energy utilization (HRE) with the Wilcoxon test. Thus, the EU’s strategy for environmental energy improvement should be to pay attention to the benefits of renewable energy (RE) utilization, reducing greenhouse gas emissions (GHE), and enhancing the development of RE utilization to help achieve the goal of lower GHE.
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Esposito, Fabrizio, et Lucila de Almeida. « European Union Litigation ». European Review of Contract Law 17, no 3 (1 septembre 2021) : 320–34. http://dx.doi.org/10.1515/ercl-2021-2028.
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Abstract This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2021 and the end of May 2021.
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Esposito, Fabrizio, et Lucila de Almeida. « European Union Litigation ». European Review of Contract Law 18, no 3 (1 septembre 2022) : 265–79. http://dx.doi.org/10.1515/ercl-2022-2049.
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Abstract This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of January 2022 and the end of June 2022. Out of a total of 270 judgments decided in this period, 52 had a contract law dimension.
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Laurent, Éloi. « Issues in environmental justice within the European Union ». Ecological Economics 70, no 11 (septembre 2011) : 1846–53. http://dx.doi.org/10.1016/j.ecolecon.2011.06.025.
Texte intégral
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Dragišić, Radmila. « Autonomy of higher education in the European Union : Case C-66/18 European Commission v. Hungary ». Politeia 11, no 21 (2021) : 83–96. http://dx.doi.org/10.5937/politeia0-31034.
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Aware of the fact that autonomy is an important prerequisite for educational institutions to be able to perform their tasks, in this paper we explore and analyze one of the most interesting cases from the jurisprudence of the Court of Justice of the European Union in this area. Namely, the European Commission initiated proceedings against the Republic of Hungary for violating the rights of the European Union. The focus is on the Law on Higher Education of that member state, which has caused sharp controversies within the academic community in the countries of the European Economic Area, but also in third countries. Although the work is mostly dedicated to the free movement of services in the field of higher education, we inevitably explore the relationship between European Union law and legal instruments of the World Trade Organization (WTO), as well as the views of the Court of Justice regarding their interpretation. The case we are discussing is also important for the status of countries aspiring to become members of the European organization, since the European Parliament adopted a recommendation to include in the Copenhagen criteria for accession the defense and protection of academic freedom and institutional autonomy in order to prevent their endangerment in member states.
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Hoffmann, Tomasz. « The Status of the European Institutions Officials ». Polish Political Science Yearbook 36, no 1 (31 mars 2007) : 224–32. http://dx.doi.org/10.15804/ppsy2007015.
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The European Union increasingly inuences the member states, their political institutions, business groups, commercial business sector and the citizens. The institutions, politics and legal regulations of the Communities inuence also countries and human beings from outside the Union. is inuence means that each member state of the European Union has its own representative in the European Institutions such as European Parliament, European Commission, the Court of Justice and the Court of Auditors
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Mikuła, Aneta, Małgorzata Raczkowska et Monika Utzig. « Pro-Environmental Behaviour in the European Union Countries ». Energies 14, no 18 (9 septembre 2021) : 5689. http://dx.doi.org/10.3390/en14185689.
Texte intégralRésumé :
The purpose of the presented research is to assess pro-environmental behaviour (PEB) in European Union countries in 2009 and 2019. The study used a synthetic measure developed using the TOPSIS (Technique for Order Preference by Similarity to an Ideal Solution) benchmark method. This method enables distinguishing classes and ranks of countries depending on the adopted characteristics. Basic measures of descriptive statistics, i.e., average, standard deviation and the coefficient of variation, were used in the analysis of the data set. The main research question addressed in this study concerns the relationship between the level of PEB and economic, demographic, and educational factors—not only on a micro scale but also from the macroeconomic perspective. The research has revealed a wide variety throughout the European Union (EU-27) countries in terms of pro-environmental behaviour. Sweden, Finland, and Denmark top the ranking, while Malta, Greece, Spain, and Romania are at the bottom of it. Northern European countries can therefore be identified as a group that represents a positive benchmark in terms of PEB across the European Union (EU-27). The correlation between PEB and selected economic, demographic, and education-related variables was also investigated. Country-level PEB is correlated with demographic and economic variables, but it is not correlated with education-related variables.
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Palazov, Petko. « Restrictions on the Free Movement of Capital Affecting Third Countries ». International conference KNOWLEDGE-BASED ORGANIZATION 28, no 2 (1 juin 2022) : 51–55. http://dx.doi.org/10.2478/kbo-2022-0048.
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Abstract The aim of the author is to analyse the legal restrictions provided by the Treaty on the Functioning of the European Union on the free movement of capital to or from third countries. Those restrictions are reviewed in terms of the reasons upholding them, the objectives pursued by them and the hypotheses in which they are applicable. Practical examples are given, and relevant case law of the Court of Justice of the European Union is presented.
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Debat, Olivier, et Flora Sicard. « The EU and Third Countries : Any New Tax Opportunities Under Association Agreements ? » Intertax 45, Issue 5 (1 mai 2017) : 402–10. http://dx.doi.org/10.54648/taxi2017032.
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Further to the SECIL judgment (C-464/14) delivered by the European Court of Justice (ECJ) in November 2016, this article explores how Association Agreements (AAs) concluded by the European Union (EU) with third countries connect with EU primary law, especially the Treaty on the Functioning of the European Union (TFEU), and discusses their possible implications in tax matters. It investigates the consequences of the variations in purpose and wording of such international instruments and identifies opportunities, uncertainties, shortcomings and potentialities deriving therefrom.
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Elbashir, Rania. « LIBYA'S FOREIGN TRADE WITH EUROPEAN UNION COUNTRIES ». MEST Journal 10, no 2 (15 juillet 2022) : 64–70. http://dx.doi.org/10.12709/mest.10.10.02.07.
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The subject of this empirical and theoretical work is the exchange of foreign trade in Libya with the countries of the European Union. The scientific objective of the research is to make a scientific classification of the volume of foreign trade between Libya and the European Union countries and to discover the factors that hinder foreign trade and explain them scientifically. European countries also support this cooperation and contribute significantly to the formulation of future cooperation policies with Libya in various social, political, and economic fields. However, this cooperation takes place in light of objective difficulties arising from the conflicting interests of Western countries in North Africa and Libya. Since these relations are burdened with many problems of different nature, we started this paper from two assumptions: The first premise is that in the trade relations between Libya and the European Union, there are common interests for foreign trade that are more feasible. The second premise is that more encouragement and protection for investments by the countries of the European Union helps in new qualitative development and economic growth in Libya, which will significantly improve trade relations between Libya and the countries of the European Union.
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Gwoździewicz, Sylwia. « THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION ». International Journal of New Economics and Social Sciences 1, no 1 (30 juin 2015) : 0. http://dx.doi.org/10.5604/01.3001.0010.3758.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
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Smokvina, Vanja. « The specificity of some aspects of temporary agency work in Italy and Croatia ». Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no 4 (2019) : 1909–24. http://dx.doi.org/10.30925/zpfsr.39.4.16.
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The paper offers a short introduction into the legal framework of the Croatian and Italian labour law system with respect to agency work. The European Union legal framework, some of the most important cases of the Court of Justice of the European Union as well as common issues in both countries are also elaborated upon. More importantly, the paper also addresses some specificities which could be used de lege ferenda in both countries.
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Monedero, Pablo José Abascal. « Family Laws in the European Union ». Socialinė teorija, empirija, politika ir praktika 19 (16 septembre 2019) : 87–94. http://dx.doi.org/10.15388/stepp.2019.13.
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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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Gruziel, Kinga, et Małgorzata Raczkowska. « The Taxation of Agriculture in the European Union Countries ». Zeszyty Naukowe SGGW w Warszawie - Problemy Rolnictwa Światowego 18(33), no 4 (28 décembre 2018) : 162–74. http://dx.doi.org/10.22630/prs.2018.18.4.107.
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The paper sets out the key principles for taxation of agriculture in selected European Union countries. The theoretical foundations of tax systems in the context of their functions and features specified as desirable in the literature are discussed. EU agricultural taxation systems are presented in reference to optimisation and tax competitiveness. Some shared features of these agricultural taxation systems were pointed out and their division in two basic models (the British model and the continental model), which was presented taking as example the countries in which these models operate. Taxation of income derived from agricultural business activity is a natural direction of changes in tax systems. The tax policy implemented in the European Union countries in relation to agriculture make use of the principle of tax justice to the highest possible extent. The diversity of the tax rules and structures applied in the EU makes it possible to tax agricultural income without limiting the development potential of agricultural enterprises (farms), and often stimulates them. The form of individual tax systems results from numerous economic, social and political circumstances. Special tax treatment of agriculture is expressed through tax construction elements, e.g. right to deduct the value of generated loss or investment expenditure from taxable income.
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Lazíková, Jarmila. « The Notion of the European Union Trademark ». EU agrarian Law 8, no 1 (1 juillet 2019) : 21–31. http://dx.doi.org/10.2478/eual-2019-0004.
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AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.
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Poncelet, Charles. « Access to Justice in Environmental Matters : Recent Developments ». International Community Law Review 14, no 2 (2012) : 179–85. http://dx.doi.org/10.1163/187197312x633487.
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Abstract The right of access to justice in environmental matters constitutes one of the three pillars enshrined by the Århus Convention to which the European Union is a Party. This article will examine a recent judgment of the European Court of Justice. Indeed, the latter appears to play an important role in the implementation of this procedural right.
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Vanheusden, Bernard. « The Relevance of Environmental Justice for the Legal Framework in the European Union ». Journal for European Environmental & ; Planning Law 7, no 2 (2010) : 163–75. http://dx.doi.org/10.1163/161372710x525073.
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AbstractEnvironmental justice is a relatively new and unknown notion in European environmental law. The notion originally comes from the US. Environmental justice is the fair treatment and meaningful involvement of all people. The protection of environmental justice plays a prominent role in the US environmental policy. This contribution examines, after a brief history of environmental justice, the relevance of environmental justice for the legal framework in the EU. It includes the results of an empirical research and a test of the EU legal framework. It concludes that environmental justice is not yet something that goes without saying within the EU.
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Agapova, Olena. « International Cooperation Between Ukraine and Latvia in the Area of Justice (Executive Branch of Power) ». SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no 20 (2021) : 67–74. http://dx.doi.org/10.25143/socr.20.2021.2.067-074.
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Implementation of the Association Agreement between Ukraine and the European Union has opened additional opportunities for establishing bilateral cooperation between bodies, institutions and organisations in the field of justice. The article examines the structure and management system of the Ministries of Justice of Ukraine and Latvia. In the course of a detailed analysis of the institutional structure and functional purpose, it was established that the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Latvia have similar activities and management systems, typical for many European countries. Ukraine’s European integration aspirations, reflected in its commitments under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, demonstrate Ukraine’s serious intentions to change its approach to justice. It is established that in the direction of the development of cooperation in the field of justice between Ukraine and Latvia fruitful cooperation is established, which is reflected in the Memorandum of Understanding between the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Latvia.
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Kuzmin, Sergey B. « Risk of Environmental Management in Countries of European Union ». Issues of Risk Analysis 18, no 3 (2 juillet 2021) : 46–63. http://dx.doi.org/10.32686/1812-5220-2021-18-3-46-63.
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An assessment of the risk of environmental management for the countries of the European Union was carried out on the basis of two main criteria — natural hazard and protection from natural disasters. Natural hazard consists of natural processes of various origins — lithospheric, hydrospheric, atmospheric and biospheric, which are considered dangerous within the entire state according to official data, as well as protection from natural disasters and disasters at the state level. The last criterion is calculated on the basis of a number of socio-economic and environmental indicators for the EU countries: gross domestic product, the share of the working-age population and the population living below the poverty line, telecommunications and transport coefficients, life expectancy and literacy of the population, child mortality, and the intensity of environmental problems. The relationship between the level of economic development and the level of risk of environmental management in individual EU countries has not been established. So, highly developed countries fall into all risk categories: Italy. Austria and Germany — high risk, France, Netherlands and Belgium — medium risk, Luxembourg, Sweden, Denmark — low risk. Conversely, underdeveloped countries are also present in all categories: Cyprus, Bulgaria, Romania — high risk, Latvia. Lithuania — medium risk, Estonia — low risk. Therefore, when assessing the risk of environmental management, its subsequent analysis and management of natural and natural-man-made emergencies, one should not rely only on indicators of the level of economic development in countries, for example, GDP, as well as on environmental standards established, albeit at the international level, such as MPC, MPI of harmful substances in soils, plants, water bodies, atmospheric air, etc. Taking into account direct indicators and damage from past events in assessing the risk of natural resource use also suffers from a number of drawbacks. A differentiated approach is required.
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Ilic, Ivana, Bojan Krstic et Sonja Jovanovic. « Environmental performances of agriculture in the European Union countries ». Ekonomika poljoprivrede 64, no 1 (2017) : 41–55. http://dx.doi.org/10.5937/ekopolj1701041i.
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Sääksjärvi, Sanna C. « Positioning the Nordic Countries in European Union Environmental Policy ». Journal of Environment & ; Development 29, no 4 (23 juin 2020) : 393–419. http://dx.doi.org/10.1177/1070496520933324.
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The influence of the Nordic countries on the European Union’s (EU's) policy processes has been researched from various angles, but there is a lack of research that comprehensively examines all policy positions advanced by Nordic actors within a given policy context. This article introduces a new design for studying policy positions and influence in the EU and examines the phenomenon from a multilevel perspective using an original data set compiled in connection to three directives: the Floods Directive on the assessment and management of flood risks, the Environmental Liability Directive, and the Restriction of Hazardous Substances Directive. The analysis reveals that the Nordic countries follow a certain pattern of influencing EU policy that deviates from other states participating in the consultations. Nordic governmental actors exert a strong technical but weak directional influence in the chosen context but are, overall, more successful than Nordic organizational actors at influencing the policy process.
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Jaś-Nowopolska, Magdalena, et Hanna Wolska. « Impact of the judgement of CJEU in case C-285/18 on in-house transactions in Poland ». Przegląd Prawno-Ekonomiczny, no 1 (31 mars 2021) : 63–76. http://dx.doi.org/10.31743/ppe.10348.
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This Article analyses the judgment of the Court of Justice of the European Union of 3 October 2019 (case C-285/18). This judgment plays an important role in the interpretation of the public procurement rules in the countries of the European Union. In particular, in those countries that have implemented the EU rules on the in-house procurement, while at the same time introducing restrictions compared to the EU rules. Current Polish regulations on in-house procurement in this area are also discussed.
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Vasylieva, Valentyna, et Anatolii Kostruba. « Corporate law in Ukraine within the framework of approaching the European Union standards ». Law Review of Kyiv University of Law, no 1 (15 avril 2020) : 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.
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The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations.
Special attention has been given to define the legal nature of the corporation.
It is concluded that there is no established understanding of the above concepts in national legal science.
The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected.
The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law.
The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
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Christodoulidis, Emilios. « The European Court of Justice and “Total Market” Thinking ». German Law Journal 14, no 10 (1 octobre 2013) : 2005–20. http://dx.doi.org/10.1017/s2071832200002613.
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The controversial decisions of the Court of Justice of the European Union (CJEU) in the quartet of cases that are grouped under its “Laval/Viking jurisprudence” are rapidly becoming entrenched as a key dimension of the European Union (EU) constitutional imaginary. This comes with a certain “immunization” against challenge as they become much harder to treat as mistakes. In their elevated status they have aligned stances and expectational structures. They have also had significant impact on the “Nordic” models; Charles Woolfson shows, for example, how subsequent to the European Court of Justice (ECJ) decision, the rulings of the Swedish Labour court has “seem[ed] to confirm that the ‘Swedish model' has, at the very least, been significantly redefined, if not fundamentally altered, in the light of Laval.” While EU lawyers largely sit it out in relative passivity, wondering what the fuss is really about, labor lawyers have been vocal in their disagreement. But the latter's voices in this debate—if we can call it such—have in turn been drowned out by the ululations of lawyers and theorists from the “new,” post-2004, EU countries loudly proclaiming a victory against the arrogance of the older Member States. If the workers of the Baltic states want to sell their labor—and their life—cheap, goes the “inclusionary” argument, why should they be constrained from doing so under protectionist regulatory policies that undercut their competitive advantage by those unwilling to rein in the exclusionary structures of social protection that limit access and opportunity for their workforce to join the Continent-wide economy? The massive impact that the decisions have had on the regulation of industrial relations in the countries of the European Union and on the position of the trade unions has hardly been ameliorated by the debacle that was the rapid withdrawal of the proposed Monti II Regulation in the face of resistance to it by national parliaments.
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De Santo, Elizabeth M. « Environmental justice implications of Maritime Spatial Planning in the European Union ». Marine Policy 35, no 1 (janvier 2011) : 34–38. http://dx.doi.org/10.1016/j.marpol.2010.07.005.
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