Articles de revues : « Environmental law – European Union countries – Cases »

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Dudek, Carolyn M. « Transmitting Environmentalism ? The Unintended Global Consequences of European Union Environmental Policies ». Global Environmental Politics 13, n^o 2 (mai 2013) : 109–27. http://dx.doi.org/10.1162/glep_a_00169.

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Will European companies investing abroad be transmitters of EU environmental policies or environmental dumpers? This article utilizes a most-differentcases approach to analyze transnational corporation (TNC) behavior in countries with less stringent environmental standards. Drawing on rational institutionalism, the article examines two significant European business investments in Mercosur countries: paper pulp mills in Uruguay and fishing off the coast of Argentina. These cases demonstrate that EU environmental standards will be diffused beyond Europe's borders if significant fixed assets are involved, high levels of public awareness and action in response to environmental degradation are possible, and if the environmental policy of an industry is successfully implemented in Europe. Paper pulp milling in Uruguay fulfilled these conditions and TNCs, in this case applied EU standards. This was not so with TNC fishing practices in Argentina. Also, with high citizen attention, local companies will adopt similar environmental practices to those of their European counterparts, improving environmental practices even without domestic government regulations.

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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.

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Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types of claims are an expression of misconduct by multinational corporations conducting business abroad, particular notice will be given to the applicable law on compensation claims for environmental damages allegedly caused by negligent compliance for environmental standards of either independent or subsidiary production facilities. While doing so, its main point of interest will be whether claims against European-based companies may be governed by the law of the effective seat of the latter. Considering that Article 7 Rome II provides for a special connecting factor regarding environmental damages, the paper examines whether Rome II does justice for due diligence-related cases on the conflict of laws level and argues for a nuanced approach to localize the place of the event giving rise to such damages. Private International Law, Environmental Damages, Civil Compensation, Torts, Corporate Social Responsibility, Rome II, Mandatory Rules, Public policy

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Lovas, Dóra. « Relevance of the Court Decision on the Hinkley Point Nuclear Power Plant in Relation to Paks II ». Studia Iuridica Lublinensia 30, n^o 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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Borda, Marta, Natalia Grishchenko et Patrycja Kowalczyk-Rólczyńska. « Impact of Digital Inequality on the COVID-19 Pandemic : Evidence from European Union Countries ». Sustainability 14, n^o 5 (1 mars 2022) : 2850. http://dx.doi.org/10.3390/su14052850.

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One of the consequences of the COVID-19 pandemic is the relationship between social distancing measures and increased use of the Internet, electronic services, and digital devices. How does digital inequality in the context of social distancing affect the COVID-19 pandemic? In this article, we assessed the impact of existing digital inequality as the cause of the changing number of cases of COVID-19 in the EU. We assessed the relationship between the increase in COVID-19 cases between the first and second waves in 2020 and the presence of digital inequality in Internet use and digital skills across sociodemographic factors: gender, age, education, generation, marital status, and place of residence. We applied the ordinary least squares method to data from the 2019 Eurobarometer survey, which reveals the digital maturity of EU citizens, and from the European Center for Disease Prevention and Control in 2020, which tracks COVID-19 cases. We found that the strongest relationship between the number of COVID-19 cases and digital inequality is related to Internet use rather than digital skills. The digital divide by age, between generations, and the geographic digital divide in Internet use show a strong positive relationship with the changing incidence of COVID-19 cases. The gender digital gap shows a negative relationship for both Internet use and digital skills, indicating the social role of women in households in the pandemic, caring for children and the elderly. A negative relation was also found in digital inequality by marital status for digital skills, which reflects preferences regarding living alone during the pandemic. These findings prove the importance of universal access to the Internet for older people and those living in rural areas. The results can contribute to policies aimed at reducing digital inequalities in the face of the ongoing COVID-19 pandemic.

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González Lorente, Álvaro, Montserrat Hernández López, Francisco Javier Martín Álvarez et Javier Mendoza Jiménez. « Differences in Electricity Generation from Renewable Sources from Similar Environmental Conditions : The Cases of Spain and Cuba ». Sustainability 12, n^o 12 (25 juin 2020) : 5190. http://dx.doi.org/10.3390/su12125190.

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In order to achieve the objectives set by the Sustainable Development Goals and the Paris agreement, the legislative framework that is developed at the national and regional level must be appropriate. Research has focused on the importance of environmental policies to stimulate renewable energy demand and has also highlighted the existence of legal regimes more inclined to preserve the current model of dependence on fossil fuels. The main aim of this paper is to observe the impact of different regulation framework in the use of renewable energies in electricity generation. The choice of Spain and Cuba was based on several reasons: first, they present different models of legal regulations for renewable energies, with more centralized power in the case of Cuba and more influence of supranational institutions in the case of Spain; second, they have similarities regarding their productive model (highly dependent on hydrocarbons as sources of electricity generation) and the high potential for electricity generation with renewable energies thanks to their rich natural endowment that could favor energy generation from sources like the sun, wind and water; finally, both countries face a global situation where they could take advantage of this cost-cutting moment, and therefore, of electricity tariffs, to propose a sustainable model of electricity generation based exclusively on renewable energies. The conclusions show that Spain can become a role model to improve the Cuban system, given that the European and Spanish “green” positions can be very useful in developing Cuba’s future energy model based on renewables. The existing ties between the Caribbean country, Spain and the European Union (EU) should be the basis to support a model for which Cuba has an outstanding endowment of natural resources and where the similarities with Spain can generate synergies based on the European experience.

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Tambovceva, Tatjana, Jelena Titko, Anna Svirina, Dzintra Atstaja et Maria Tereshina. « Evaluation of the Consumer Perception of Sharing Economy : Cases of Latvia, Russia, Ukraine and Belarus ». Sustainability 13, n^o 24 (16 décembre 2021) : 13911. http://dx.doi.org/10.3390/su132413911.

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The overwhelming goal of large-scale cross-country research is to evaluate consumers’ perception of a sharing economy. The research was limited by the number of respondents, as well as by the countries represented in the survey. Latvia, Russia, Ukraine, and Belarus were mostly represented, and only these responses (757) were analyzed. The study used multilevel modelling of sharing economy elements (dependent variable) in relation to personal characteristics (age, gender, income, industry) nested by the self-assessed level of eco-friendliness (a key predictor for the attitude towards sharing economy). Findings: The key personal characteristics, which influence a person’s intention to be involved in the sharing economy practices, are level of income, education, and also self-perceived ecological friendliness. The sharing economy is not only a topic for investigation among academicians, but also an issue on the agenda of the European Commission, because it is considered as a driver for growth and job creation in the European Union. Despite an increasing interest and many studies, there is a limited number of studies focused on difference in perception of sharing economy depending on personal characteristics of respondents. This indicates the necessity of conducting such surveys, involving participants from different European countries. The given paper could be used as a methodological framework for other European researchers who are interested in the exploration of the topic regarding perception of the sharing economy.

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Degórska, Bożena. « Wpływ prawa i polityki Unii Europejskiej na planowanie przestrzenne i zarządzanie terytorialne państw członkowskich w zakresie wybranych kwestii środowiskowych = Impact of European Union law and policy on spatial planning and territorial governance of the Member States as regards selected environmental issues ». Przegląd Geograficzny 93, n^o 4 (2021) : 555–85. http://dx.doi.org/10.7163/przg.2021.4.4.

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The main objectives of the research carried out were identification of the strength of – and trends characterising – the impact of EU law and policy on spatial planning and territorial governance in Member States, in relation to selected environmental issues; as well as an attempt to determine geographical regularities. The first issue analysed issue concerned the impact of EU environmental law on Member States’ spatial planning, while the second sought to demonstrate the importance of major EU policies in relation to their environmental objectives. A third aspect saw impact (“clout” ) assessed and trends identified where two environmental priorities under EU policies were concerned, i.e. (I) the strengthening of ecological structures and cultural resources as added value for development, (II) sustainable growth – promoting a more resource efficient, greener and more competitive economy. Most attention was paid to the top-down impact of the EU on spatial planning and territorial governance, though studies als sought examples of bottom-up and horizontal influence as signalled by national experts. This article is based on the results of the ESPON COMPASS project entitled: Comparative Analysis of Territorial Governance and Spatial Planning Systems in Europe. Analysis of the very extensive questionnaire material available, as well as the results of the case studies, resulted in an acknowledgment that the top-down influence determines the impacts of EU environmental law and policy on Member States’ spatial planning. In sum, that impact of the EU environmental law was identifiable as quite strong at all levels of planning. Indeed, trends for an increasing influence applied to the vast majority of countries. There were three regularities identified in this respect: (I) it is a strong impact and increasing clout that prevail to a significant degree among EU-15 countries, (II) a constant impact is characteristic for the vast majority of the Nordic countries, and in both cases is mainly an aspect of countries caring for the quality of the environment, (III) the greatest variation in terms of the strengths and irections of impact can be identified within the group of post-communist countries, even as there is a prevalence of upward trends noted in these countries. Among the EU environmental regulations exerting the greatest impact on the spatial planning and territorial governance of the Member States, the ones highlighted most frequently were the Directives on environmental assessments (EIA and SEA), as well as the so-called Habitats and Birds Directives. In seeking to summarise the strength of impact of the selected EU environmental policy priorities on Member States’ spatial planning and territorial governance – as well as the trends for that impact – the largest group of countries pointed to an upward trend and a moderate impact. However, results obtained offered no basis for the identification of clear regularities However, the Europeanisation of environmental law and policy was shown also to have a significant impact on the Europeanisation of environmental spatial planning. It also proved possible to demonst ate how spatial planning, although constituting a reserved domain of each country, is actually the most Europeanised of all environmental issues. With regard to the top-down impact of environmental law, i.e. that exerted from the EU level down to the spatial planning and territorial governance of the Member States, the adoption of the acquis communautaire is to be indicated as the main reason for the significant impact. Equally, when it came to the impact of environmental policy, it was usual for a strong link with Cohesion Policy to be identified. The article also offers recommendations regarding the development of a more-effective connection between Cohesion Policy and spatial planning and territorial governance, in the sphere of the protection and strengthening of countries’ natural and cultural heritage.

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Lugo-Laguna, Daniel, Angel Arcos-Vargas et Fernando Nuñez-Hernandez. « A European Assessment of the Solar Energy Cost : Key Factors and Optimal Technology ». Sustainability 13, n^o 6 (15 mars 2021) : 3238. http://dx.doi.org/10.3390/su13063238.

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Solar energy has become one of the most important sources of energy all around the world. Only in the European Union, between 2010 and 2019, solar photovoltaic (PV) electricity generation capacity increased from 1.9 to over 133 GW. Throughout this work, an economic analysis of the production of photovoltaic solar energy utility scale facilities is performed, previously defining some theoretical concepts relating to electricity generation by means of photovoltaic modules, as well as commenting on studies that have inspired the project. In order to carry out this economic analysis, the locations of twenty capital cities within European Union countries are selected, in order to estimate their yearly solar PV energy produced under specific conditions. The Levelized Costs of Energy (LCOE) is calculated with the goal of comparing the profitability of each photovoltaic tracking technology: fixed, one-axis tracking systems (vertical or inclined) and two-axis tracking systems; including LCOE maps country-wise for each technology. A sensitivity analysis is also presented, in order to evaluate the significance and impact of the main variables involved in the analysis. The results show that one-axis tracking systems are the best option in all countries, reducing LCOE by more than 20% when compared to two-axis tracking system. The impact of wages is also significant. In higher latitudes, in most cases, wages also increase, hence the LCOE is higher and consequently less interesting for a potential investor.

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Imran, Muhammad, Xiangyang Liu, Rongyu Wang, Shah Saud, Yun Zhao et Muhammad Jalal Khan. « The Influence of Digital Economy and Society Index on Sustainable Development Indicators : The Case of European Union ». Sustainability 14, n^o 18 (6 septembre 2022) : 11130. http://dx.doi.org/10.3390/su141811130.

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The digital economy plays a vital role in promoting sustainable development. Out of different measurement indices, this research uses the DESI dimension, i.e., connectivity, human capital, the use of internet services, the integration of digital technology, and digital public services, to investigate the impact on the promotion of SGDI in the European Union countries. Previous research studies investigated the indirect impact of the DESI dimension on SGDI in different countries and regions. In this research, we investigate the direct impact of DESI dimensions on SGDI by using panel regression modeling. The results show that DESI sub-dimensions influence SGDI differently. Connectivity, human capital, and the use of internet services have more influence on SGDI compared to the integration of digital technology and digital public services. However, the impact is negative in most cases, but this is in line with the previous studies in other regional studies. Thus, the current research paper reveals that standard views on the influence of the digital economy are not always true. Policymakers need to make the necessary amendments while implementing each DESI dimension on any level for better promotion of SGDI.

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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, n^o 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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Vučković, Valentina, Ružica Šimić Banović et Martina Basarac Sertić. « Governance Trends among New EU Member States : Is There Institutional Convergence ? » Sustainability 13, n^o 24 (14 décembre 2021) : 13822. http://dx.doi.org/10.3390/su132413822.

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The main objective of this paper is to explore the institutional convergence of Central and Eastern European Union member countries as a possible consequence of both the transfer of selected Western formal institutions to those countries and the adoption of acquis communautaire. This issue dates back to the beginning of the 1990s when the predominant expectation was that the successful formal institutions in Western countries would yield the same results in transition countries. In the meantime, mainly because of informal constraints, this has shown to be a misconception in most cases. The methodology used in the paper is twofold. First, by means of descriptive statistics, and using the varieties of capitalism approach, we show that, when analysing institutional quality using the Worldwide Governance Indicators (WGI), there are two divergent groups of EU countries. The first group consists of Liberal, Nordic, and Continental countries, and the second consists of Mediterranean and CEE member states that are further divided into liberal and coordinated market economies. Second, based on the calculation of the σ- and unconditional β-convergence of governance trends in the period 1996–2019, we empirically confirm that there are also variations within the CEE countries as well as within the specific dimensions of governance.

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Pellico-López, Amada, María Paz-Zulueta, Jimena B. Manjón-Rodríguez, Mar Sánchez Movellán, Purificación Ajo Bolado, José García-Vázquez, Joaquín Cayón-De las Cuevas et Laura Ruiz-Azcona. « Evolution of Legislation and the Incidence of Elective Abortion in Spain : A Retrospective Observational Study (2011–2020) ». International Journal of Environmental Research and Public Health 19, n^o 15 (5 août 2022) : 9674. http://dx.doi.org/10.3390/ijerph19159674.

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Background: According to the WHO, “unsafe abortion occurs when a pregnancy is terminated either by people lacking the necessary skills or in an environment that does not conform to minimal medical standards, or both”. Aim: To review the legislation that ensures access to elective abortion and the main indicators of elective abortion in Spain. Methods: A retrospective observational study was conducted across all regions of Spain from 2011 to 2020. The regulations of each region on the creation of the clinical committee and the creation of the registry of conscientious objector professionals were identified. Data were collected on rates of elective abortions per 1000 women, type of health center where the intervention was performed, interval of weeks of gestation, and cause. Results: After Law 2/2010 entered into force, the Spanish regions created a clinical committee; however, very few regions have a registry of conscientious objectors. During the study period, the average annual rate in Spain was 11.10 elective abortions per 1000 women between 15 and 44 years of age, showing a decreasing trend (annual percentage change of −1.92%). Only 10.67% of abortions were performed at public centers. In 90.18% of the cases, abortions were performed at the woman’s request. Conclusion: Spain legislated late compared to most European Union countries. The current law is similar to that of other member states, allowing abortion at the woman’s request in the first fourteen weeks and thereafter for medical reasons. Most abortions are performed at private centers, although many territorial inequalities are observed.

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Asante, Edward Oteng, Genevieve Kuntu Blankson et Gabriela Sabau. « Building Back Sustainably : COVID-19 Impact and Adaptation in Newfoundland and Labrador Fisheries ». Sustainability 13, n^o 4 (19 février 2021) : 2219. http://dx.doi.org/10.3390/su13042219.

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The coronavirus pandemic, which started in late 2019, is one of the devastating crises that has affected human lives and the economies of many countries across the globe. Though economies have been affected, some sectors (such as food and fisheries sectors) are more vulnerable and prone to the deleterious impacts of the COVID-19 pandemic. This paper highlights the various disruptions (safety at workplace, loss of harvest and processing activity, loss of export opportunities and income) faced by the Newfoundland and Labrador fisheries due to several restrictive measures (especially on mobility, social distancing, quarantine, and, in extreme cases, lockdown) to curtail the spread of the virus. Additionally, this paper makes a case that Newfoundland and Labrador fisheries can be managed sustainably during and after the pandemic by suggesting practical recommendations borrowed from two sustainability frameworks (Canadian Fisheries Research Network and the EU Setting the Right Safety Net framework) for managing fisheries in Canada and the European Union.

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Fuentes-Bargues, José Luis, Mª José Bastante-Ceca, Pablo Sebastián Ferrer-Gisbert et Mª Carmen González-Cruz. « Analysis of the Situation of Social Public Procurement of Works at the Valencian Region (Spain) ». Sustainability 13, n^o 1 (27 décembre 2020) : 175. http://dx.doi.org/10.3390/su13010175.

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Construction is one of the most important sectors in terms of economic volume and number of employees. It represents approximately 10% of the Gross Domestic Product of the European Union and employs 7% of its total labour force. In a construction project, procurement is employed in many of the stages, so it can constitute an adequate mechanism to integrate sustainability initiatives. Research concerning economic aspects in procurement has always been present in the construction sector, whereas research related to environmental aspects has been gaining attention in the last years. Nevertheless, social aspects are still not very present in the literature on public procurement. The main objective of this research is to analyse the use of social criteria in public tendering processes of public works in the Valencian region of Spain. The results show that Valencian public entities include social criteria for the 11.7% of adjudicated public works. This value is very low when compared with other studies developed in different countries worldwide. Social criteria, just like in other cases, are used more frequently the larger the budget of the project and the longer the execution time. The average weight of social criteria for the tendering process is low (7.0 out of 100), although entities that usually consider these criteria are aware of their importance and give them a higher weight, in global terms.

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Salvia, Rosanna, Gianluca Egidi, Luca Salvati, Jesús Rodrigo-Comino et Giovanni Quaranta. « In-Between ‘Smart’ Urban Growth and ‘Sluggish’ Rural Development ? Reframing Population Dynamics in Greece, 1940–2019 ». Sustainability 12, n^o 15 (31 juillet 2020) : 6165. http://dx.doi.org/10.3390/su12156165.

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Multifaceted demographic dynamics have shaped population growth in Mediterranean Europe, reflecting a metropolitan cycle from urbanization to re-urbanization. To assess the distinctive impact of economic downturns on population dynamics, the present study illustrates the results of an exploratory analysis that assesses urban expansion and rural decline at various temporal scales in Greece, a peripheral country in southeastern Europe. Statistical analysis based on multivariate exploratory techniques outlined the persistent increase of regional populations, evidencing the distinctive role of agglomeration/scale with urbanization and early suburbanization phases (1940–1980) and accessibility/amenities with late suburbanization and re-urbanization phases (1981–2019). Recession accompanied (and, in some way, consolidated) the decline of agglomeration economies, leading to counter-urbanization in some cases. As an indirect result of counter-urbanization, the population increased more rapidly in low-density coastal areas with moderate accessibility and tourism specialization. Consistently, settlement expansion has altered the persistent gap in central and peripheral locations. A polarized urban hierarchy centered on the capital city, Athens, was replaced with a more diffused growth of medium-sized cities and attractive rural locations, depicting a new development path for lagging countries in the European Union and other socioeconomic contexts worldwide.

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Jääskeläinen, Jaakko, Sakari Höysniemi, Sanna Syri et Veli-Pekka Tynkkynen. « Finland’s Dependence on Russian Energy—Mutually Beneficial Trade Relations or an Energy Security Threat ? » Sustainability 10, n^o 10 (27 septembre 2018) : 3445. http://dx.doi.org/10.3390/su10103445.

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Studies on energy security in the context of relations between European Union (EU) and Russia tend to focus on cases, with an open conflict related to supply, such as “hard” energy weapons, or on only one fuel, often natural gas. However, there is a need to understand the long-term impacts that energy relations have politically, economically and physically, and their linkages between resilience, sustainability and security. We analyse the Finnish-Russian energy relations as a case study, as they are characterised by a non-conflictual relationship. To assess this complex relationship, we apply the interdependence framework to analyse both the energy systems and energy strategies of Finland and Russia, and the energy security issues related to the notable import dependence on one supplier. Moreover, we analyse the plausible development of the energy trade between the countries in three different energy policy scenarios until 2040. The findings of the article shed light on how the trends in energy markets, climate change mitigation and broader societal and political trends could influence Russia’s energy trade relations with countries, such as Finland. Our analysis shows that Finland’s dependence on primary energy imports does not pose an acute energy security threat in terms of sheer supply, and the dependence is unlikely to worsen in the future. However, due to the difficulty in anticipating societal, political, and economic trends, there are possible developments that could affect Finland.

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Goniewicz, Krzysztof, Eric Carlström, Attila J. Hertelendy, Frederick M. Burkle, Mariusz Goniewicz, Dorota Lasota, John G. Richmond et Amir Khorram-Manesh. « Integrated Healthcare and the Dilemma of Public Health Emergencies ». Sustainability 13, n^o 8 (19 avril 2021) : 4517. http://dx.doi.org/10.3390/su13084517.

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Traditional healthcare services have demonstrated structural shortcomings in the delivery of patient care and enforced numerous elements of integration in the delivery of healthcare services. Integrated healthcare aims at providing all healthcare that makes humans healthy. However, with mainly chronically ill people and seniors, typically suffering from numerous comorbidities and diseases, being recruited for care, there is a need for a change in the healthcare service structure beyond direct-patient care to be compatible in peacetime and during public health emergencies. This article’s objective is to discuss the opportunities and obstacles for increasing the effectiveness of healthcare through improved integration. A rapid evidence review approach was used by performing a systematic followed by a non-systematic literature review and content analysis. The results confirmed that integrated healthcare systems play an increasingly important role in healthcare system reforms undertaken in European Union countries. The essence of these changes is the transition from the episodic treatment of acute diseases to the provision of coordinated medical services, focused on chronic cases, prevention, and ensuring patient continuity. However, integrated healthcare, at a level not yet fully defined, will be necessary if we are to both define and attain the integrated practice of both global health and global public health emergencies. This paper attains the necessary global challenges to integrate healthcare effectively at every level of society. There is a need for more knowledge to effectively develop, support, and disseminate initiatives related to coordinated healthcare in the individual healthcare systems.

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Siemek, Jakub, Jan Macuda, Łukasz Łukańko, Jakub Nowak et Tadeusz Zając. « The Possibility of Using Winter Oilseed Rape (Brassica napus L. var. Napus) for Energy Purposes ». Problemy Ekorozwoju 15, n^o 1 (1 janvier 2020) : 169–77. http://dx.doi.org/10.35784/pe.2020.1.18.

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Biomass is an important element in the energy balance in the world and plays a large role in efforts to reduce greenhouse gas emissions, and by this is a sustainable source of energy. One method of using biomass is through co-firing with hard coal and lignite in order to generate electricity. An important factor promoting the use of biomass in European Union countries is the fact that CO2 emissions from combustion are not included in the sum of emissions from fuel combustion, in accordance with the principles established in the emission trading system EU ETS. The aim of our research was to examine the possibility of using winter oilseed rape for energy purposes, grown in three research centres located in southern Poland. Two varieties of winter oilseed rape, Adam and Poznaniak, were used during laboratory tests. Analyses were carried out for siliques, seeds, and the main and lateral stem. As part of the study, the calorific value and heat of combustion were determined for 20 samples of winter oilseed rape. The highest values were obtained for seeds, while the lowest were obtained for stems. The calculated values of carbon dioxide emissions factor for the analysed samples were in most cases above 100 kg/GJ and were much higher than the emission during hard coal combustion. In addition, as part of the study, the biomass moisture, amount of ash generated in the combustion process, and the content of volatile compounds as well as carbon and sulphur were determined.

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Esposito, Fabrizio, et Lucila de Almeida. « European Union Litigation ». European Review of Contract Law 18, n^o 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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Esposito, Fabrizio, et Lucila de Almeida. « European Union Litigation ». European Review of Contract Law 17, n^o 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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Forni, Federico. « Diplomatic Protection in EU Law : What’s New under the Sun ? » Hague Journal of Diplomacy 9, n^o 2 (31 mars 2014) : 150–75. http://dx.doi.org/10.1163/1871191x-12341274.

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Summary This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.

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Sadeleer, Nicolas de. « Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases ». Nordic Journal of International Law 81, n^o 1 (2012) : 39–74. http://dx.doi.org/10.1163/157181011x618758.

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So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. The article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human Rights (ECHR) in cases falling within the scope of EU environmental law. Moreover, it takes a close examination of the case law of both the Court of Justice of the European Union and the European Court of Human Rights regarding the standing of individuals whose environment is impaired.

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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, n^o 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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Sääksjärvi, Sanna C. « Positioning the Nordic Countries in European Union Environmental Policy ». Journal of Environment & ; Development 29, n^o 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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Mukhametgareeva, Natalya, et Zylia Yusupova. « THE DEVELOPMENT OF ENVIRONMENTAL COOPERATION BETWEEN THE RUSSIAN FEDERATION AND THE EUROPEAN UNION BASED ON THE PARTNERSHIP AND COOPERATION AGREEMENT AND THE ROAD MAP ON THE COMMON ECONOMIC SPACE ». Вестник Института права Башкирского государственного университета 5, n^o 1 (29 avril 2022) : 55–61. http://dx.doi.org/10.33184/vest-law-bsu-2022.13.8.

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The Russian Federation and the European Union have urgent environmental issues that can be solved only by joint efforts. Russia actively works in cooperation with individual European countries and the European Union in this regard. The partnership between Russia and the European Union in the sphere of ecology is supported by the Partnership and Cooperation Agreement and the Road Map on the common economic space. The completion of such a treaty is very significant not only for the under question countries but for the whole continent.

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Guterres, Iva. « Enforcing Environmental Policy – the role of the European Union ». UNIO – EU Law Journal 8, n^o 1 (31 décembre 2022) : 32–52. http://dx.doi.org/10.21814/unio.8.1.4522.

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The concerns regarding climate change are on the top of government agendas worldwide, and a global response is urgently required given the climate events that countries all over the world are facing. The European Union (EU) is at the forefront, assuming the leadership in environmental policy with several legal initiatives underway, which have culminated in the promulgation of the European Climate Law and the presentation of the proposed Directive of a Carbon Border Adjustment Mechanism (CBAM). Nonetheless, the EU struggles with difficulties regarding the effectiveness of legal measures, in particular carbon leakage problems. Carbon leakage problems prevail globally as production shifts to countries with less stringent climate regulations, avoiding costs in countries with high emission charges. A resolution regarding the implementation of the CBAM was passed by the European Parliament in March 2021. On the 14th of July 2021, the EU presented 13 policy measures aiming to reduce its GHG emissions by 55% by 2030. On the 22nd of June 2022 the European Parliament voted to adopt the regulation about CBAM. As the EU has played a unique and strong role in climate policy enforcement, the aim of this article is to present this policy option, in the light of the oncoming CBAM. Therefore, the ‘EU climate club’ is imposing coercive environmental tax policies on other countries.

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Pankov, Yevhenii, Olha Filipshykh et Dmytro Boichuk. « Problems of the environmental law of the European Union ». Problems of Legality, n^o 155 (20 décembre 2021) : 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.

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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.

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Huang, Xiaoqing. « Ensuring Taxpayer Rights in the Era of Automatic Exchange of Information : EU Data Protection Rules and Cases ». Intertax 46, Issue 3 (1 mars 2018) : 225–39. http://dx.doi.org/10.54648/taxi2018024.

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With the automatic exchange of information on tax matters (AEOI) developing into the new international standard, large quantities of information have been or will be subject to cross-border transfer. As a result, data play a significant role in the mechanism. Although the European Union is equipped with various legal sources in data protection, guarantees provided to taxpayers in AEOI legal instruments need to be further developed in order to be consistent with those provided by data protection rules in the European Union. This article analyses taxpayers’ right to data protection by studying the interrelationships between rules in EU Directives regarding administrative administration and those regarding data protection. Moreover, relevant Court of Justice of the European Union (CJEU) case law will be discussed in light of the afore-mentioned rules, highlighting the insufficiencies of prevailing AEOI legislation in ensuring proportionality and taxpayer protection in third countries. Finally, the newly adopted General Data Protection Regulation will be assessed.

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Dragišić, Radmila. « Autonomy of higher education in the European Union : Case C-66/18 European Commission v. Hungary ». Politeia 11, n^o 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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Thiet, Tran Cong, et Vu Thi Duyen Thuy. « Some legal issues on compensation for environmental damage under Vietnamese law and the law of the European Union ». Studia Prawnicze KUL, n^o 3 (28 septembre 2021) : 277–306. http://dx.doi.org/10.31743/sp.10660.

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In recent years, the law on environmental damage compensation has been a burning issue in many countries around the world, especially in developing nations where the dilemma concerns the balance between economic development and environmental protection. The issue of liability for environmental damage can be considered from many perspectives, and the focus of this study will be civil liability compensation. Learning and studying the regulations of developed countries like the European Union plays an important role in the development and improvement of environmental laws in general and the law on environmental compensation in particular for Vietnam. In this article, the authors provide insights on some legal provisions on compensation for environmental damage based on comparison with the laws of the European Union to determine how to develop legal regulations in the field of environmental damage compensation. This creates a foundation that contributes to the introduction of solutions to improve the efficiency of the law on environmental damage compensation in Vietnam.

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Vacca, Alessia. « The Council of Europe and the European Union frameworks in the legal protection of minority languages : unity or diversity ? » Eesti ja soome-ugri keeleteaduse ajakiri. Journal of Estonian and Finno-Ugric Linguistics 2, n^o 1 (17 juin 2011) : 347–66. http://dx.doi.org/10.12697/jeful.2011.2.1.23.

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This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

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Andrina, Sukma Dwi. « Towards a Future Investment Treaty : Lessons from Indirect Expropriation Cases due to Measures to Protect the Environmental and Public Health ». European Business Law Review 28, Issue 2 (1 avril 2017) : 245–69. http://dx.doi.org/10.54648/eulr2017016.

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This article considers the formulation of indirect expropriation in the Comprehensive Economic and Trade Agreement between the European Union and Canada (“CETA”) and the European Union – Singapore Free Trade Agreement (“EU-Singapore Trade Agreement”). It identifies the factors to be taken into account by tribunals when adjudicating indirect expropriation claims under these two agreements. Further, it examines how these factors have been interpreted by tribunals in cases which deal with environmental and public health measures. The article argues that the innovations introduced by CETA and the EU – Singapore Trade Agreement have successfully addressed the concerns generated by indirect expropriation cases but some questions still remain unresolved.

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Myrstad, Finn, et Vikram Kolmannskog. « Environmental Displacement in European Asylum Law ». European Journal of Migration and Law 11, n^o 4 (2009) : 313–26. http://dx.doi.org/10.1163/157181609789804321.

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AbstractEnvironmentally displaced persons can be included in several existing categories of protected persons under international law, but there may be a normative protection gap for many of those who cross an international border. This article looks at protection possibilities within the EU framework and national European legislations. Environmental displacement can arguably trigger temporary protection according to the EU Temporary Protection Directive. There may also be environmentally displaced persons who require longer-term or permanent protection. Drawing on the EU Qualification Directive and case-law from the European Court of Human Rights, one can argue that subsidiary protection should be granted in certain cases of extreme natural disaster or degradation. In less extreme cases, humanitarian asylum could be granted. Human rights principles such as non-refoulement could also be used to extend at least basic protection. In addition, legal labour migration could supply a work force, assist distressed countries and enhance protection of the individual. A strategy to meet the challenge of environmental displacement must also include climate change mitigation and external measures such as adaptation. Most of the displaced persons in the world today and in the near future do not arrive at the EU borders.

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Kliuiev, Oleksandr, Оlena Agapova, Ella Simakova-Yefremian et Oleksandr Snigerov. « The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law ». Access to Justice in Eastern Europe 4, n^o 4 (31 octobre 2021) : 104–15. http://dx.doi.org/10.33327/ajee-18-4.4-n000087.

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In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.

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Yakoviyk, Ivan, Hanna Anisimova et Olesia Tragniuk. « Europeanization of Environmental Law of the European Union Member States ». Problems of legality, n^o 158 (30 septembre 2022) : 82–109. http://dx.doi.org/10.21564/2414-990x.158.263248.

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Topicality. The topicality of the issue presented in the article is due to the insufficiency of research on the Environmental Law Europeanization in domestic legal science. The purpose of the article. The purpose of the article is to study the essence of the concept of “law Europeanization” and the peculiarities of its implementation in the field of Environmental Law of EU member states and candidate states. Research methods. The Europeanization concept arose and developed as a result of changes occurred within the theory of integration itself. The article deals with the influence of the process of deepening of the integration and expansion of the European Union on the obligations of the member states regarding the protection of the environment and climate.It is observed that the construction and functioning of the EU legal order is a decisive factor of integration, which is viewed as a project of building a single market, complemented by the range of policies implementation, in particular in the field of environmental and climate protection. Results. The concept of Environmental Law Europeanization was analyzed, and the way how the legal systems of the EU member states contribute to the development of the European Union Environmental Law, which is supranational by its legal nature, was examined.It is emphasized that the Europeanization of law cannot be addressed as a homogeneous process, nor as a process that leads to the same result in each of the member states.Despite the obvious dominance of international law and globalization as factors determining the national law reform, it can be argued that the peculiarities of legal regulation of relations in the field of environmental and climate protection are caused by the consequences of “soft” or indirect Europeanization. In many cases, the rules of the EU legal order, which are incompatible with national rules, create pressure on national governments, prompting them to adapt national environmental legislation to European environmental legal standards. Attention is drawn to the fact that within the framework of the process of European integration, the process of de-Europeanization can occur to a certain extent and for various reasons. The significance of the results. The conclusions obtained as a result of the research will contribute to the awareness of the phenomenon of Europeanization of the EU member states and candidate states national law, in particular such a component as Environmental Law, its directions and forms, and may be useful in the process of domestic environmental legislation to the European Union environmental legislation adaptation.

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Kovačikova, Hana. « Western Balkans Regional Common Market : What lesson can be taught from EEA ? : A case study of public procurement ». Strani pravni zivot, n^o 4 (2020) : 133–45. http://dx.doi.org/10.5937/spz64-29635.

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The European Union pursues on the international scene to safeguards its values, support the rule of law, foster the sustainable economic, social and environmental development and support the integration of all countries into the world economy including through the progressive abolition of barriers on international trade. Trade agreements are used as an effective tool to this end. Within its present external action, European Union tries to cover its trade relations regionally homogenously. Through regionally homogenous trade agreements, Union can export its values, principles, and rules easier, which is also a way of strengthening its position geopolitically. This paper analyses trade agreements concluded between the European Union and candidate countries from Western Balkans. All these agreements recognise the accession to the European Union as their final goal. To achieve it, candidate countries need to fulfil various conditions, including the approximation and harmonisation of their legal orders with the EU acquis. Just recently (in November 2020), Western Balkans countries' leaders announced the creation of Regional Common Market which shall serve as a tool for approximation with European Union's Internal Market Rules. To this regard, author analysed the European Economic Area, where the export of European Union's Internal Market Rules was successfully realised, and which might therefore serve as an example for pre-accession cooperation between Western Balkans countries and European Union. Author chose the area of public procurement as a model case study.

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Napierała, Jacek. « Impact of European law on Polish company law ». Pravovedenie 65, n^o 2 (2021) : 155–65. http://dx.doi.org/10.21638/spbu25.2021.202.

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Since Poland’s accession to the European Union, European law has become part of the legal system in force in Poland. Treaties and regulations are directly applicable, whereas directives and recommendations require implementation into Polish law. Polish courts are obliged to apply and interpret European company law and to interpret Polish company law in such a way that it complies with European law. If in doubt as to the interpretation of European company law, the courts may — and in some cases must — refer a question to the Court of Justice of the European Union for a preliminary ruling. The judgment of the Court is binding on the courts of all Member States. Polish companies may conduct business activity in another Member State and foreign companies may conduct business activity in Poland. Companies of the Member States may conduct their business activities by establishing companies under the provisions of European law, e. g., Societas Europaea. Societas Europaea (SE) is a European public limited company whose capital is divided into shares. The European company is a cross-border company that can operate in the EU countries alongside national public limited companies. The autonomous status of an SE in relation to domestic public limited-liability companies is determined by two circumstances: first, the SE’s personal statute (lex societatis), legal capacity and other elements of the SE’s legal status are determined by the regulation either directly or by indicating the ways to fill in the gaps in the regulation; second, the content of the regulation, which contains specific rules for the creation and operation of the SE, distinguishes it from national public limited-liability companies. European law also influences the legal situation of Russian citizens and companies who are partners (shareholders) of a company registered in a Member State.

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Laike, Yang, et Liao Chun. « China-European Union Trade and Global Warming ». International Journal of Social Ecology and Sustainable Development 1, n^o 1 (janvier 2010) : 30–40. http://dx.doi.org/10.4018/jsesd.2010010104.

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The globalization of trade has numerous environmental implications. Trade results from a geographic separation of consumption and production. This creates a mechanism for consumers to shift environmental pollution to other countries. China is now the world third biggest trader and the second biggest trade partner of EU. China has also overtaken the U.S. as the world biggest CO2 emitter since 2005. As China’s biggest trade partner, EU has a large trade deficit with China, but on the other hand, CO2 emissions embodied in Sino-EU trade are much more unbalanced than the trade imbalance itself. EU avoided a huge amount of CO2 emissions through trading with China. This lowers CO2 emissions in the EU and facilitates EU meeting its CO2 emission reduction targets, but it creates additional environmental burdens for China. In this paper, the dual imbalances between China and the EU, its mechanism, and policy implications will be presented.

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Tutak, Magdalena, Jarosław Brodny, Dominika Siwiec, Robert Ulewicz et Peter Bindzár. « Studying the Level of Sustainable Energy Development of the European Union Countries and Their Similarity Based on the Economic and Demographic Potential ». Energies 13, n^o 24 (16 décembre 2020) : 6643. http://dx.doi.org/10.3390/en13246643.

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The concept of sustainable economic development takes into account economic, social and environmental aspects and strives to achieve balance between them. One of the basic areas where it is required to revalue the current views on sustainable development is energy. The growing public awareness of environmental protection forces changes in this industry. Despite the global nature of this problem, its solution is perceived differently in various regions of the world. The unquestionable leader in introducing the idea of sustainable development economy is the European Union, where the energy sector is of key importance for the effectiveness of this process. In order to assess the sustainable energy development of the European Union countries, studies were conducted based on 13 selected indicators characterizing this sector in terms of energy, economy and environment. In order to assess the specificity of the European Union countries, these indicators were additionally compared to the gross domestic product value and the number of inhabitants of individual countries. For these cases, multi-criteria analyses were carried out using the Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) method. It allowed the authors to rank the European Union countries in terms of their adaptation to a sustainable energy economy. Based on the determined values of indicators versus the gross domestic product and the number of inhabitants of the countries in question, these countries were also divided into similar groups with the use of the Kohonen artificial neural networks. These groups can pursue a common energy policy in the field of sustainable development. The aim of the research was to present a new approach to the assessment of sustainable energy development of the European Union countries. The extensive ratio analysis (13 indicators of the sustainable energy development), including the economic and demographic potential of individual countries, and the use of modern tools made it possible to acquire new knowledge in the field of sustainable energy development in the European Union countries. The results should be utilized for more effective sustainable energy development of the European Union countries.

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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova et Yuri Bokov. « Liability for Violation of Environmental Legislation in the EU ». European Energy and Environmental Law Review 30, Issue 1 (1 mars 2021) : 9–19. http://dx.doi.org/10.54648/eelr2021002.

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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy

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Bree, Axel. « The Organisation of Waste Management in the European Union Member States ». Journal for European Environmental & ; Planning Law 2, n^o 6 (2005) : 478–89. http://dx.doi.org/10.1163/187601005x00471.

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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.

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Fleming, Valerie, Beate Ramsayer et Teja Škodič Zakšek. « Freedom of conscience in Europe ? An analysis of three cases of midwives with conscientious objection to abortion ». Journal of Medical Ethics 44, n^o 2 (29 juillet 2017) : 104–8. http://dx.doi.org/10.1136/medethics-2016-103529.

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While abortion has been legal in most developed countries for many years, the topic remains controversial. A major area of controversy concerns women’s rights vis-a-vis the rights of health professionals to opt out of providing the service on conscience grounds. Although scholars from various disciplines have addressed this issue in the literature, there is a lack of empirical research on the topic. This paper provides a documentary analysis of three examples of conscientious objection on religious grounds to performing abortion-related care by midwives in different Member States of the European Union, two of which have resulted in legal action. These examples show that as well as the laws of the respective countries and the European Union, professional and church law each played a part in the decisions made. However, support from both professional and religious sources was inconsistent both within and between the examples. The authors conclude that there is a need for clear guidelines at both local and pan-European level for health professionals and recommend a European-wide forum to develop and test them.

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MacDonald, Karen E. « The Tree-lined Road to EU Accession – The Approximation of Environmental Law in Lithuania ». European Energy and Environmental Law Review 15, Issue 8/9 (1 août 2006) : 248–63. http://dx.doi.org/10.54648/eelr2006025.

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In March 1998 the European Union (EU) formally launched a negotiation process by which to further enlarge the EU, having, in the preceding years, invited several former Soviet-influenced countries from Central and Eastern Europe (CEE), along with Cyprus, Malta and Turkey, to participate in accession to the EU if they so wished. This article is concerned with Lithuania’s accession to the EU, the process of approximating EU environmental law and the legislative intricacies involved therein. The paper critiques the process of enlargement of the European Union from a largely pragmatic legal perspective through a legal case-study examination of Lithuania’s efforts in approximating the environmental acquis into national law. Lithuania was an accession state from Central Europe and acceded to the EU on May 1st 2004. This paper provides insight into and guidance upon the process of the approximation of environmental law as it may relate, or has related, to other accession countries. It highlights the practical steps and the route of accession to the EU along with the legal requirements contained therein.

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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, n^o 1 (30 juin 2022) : 169–200. http://dx.doi.org/10.34267/cblj.2022.33.1.169.

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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.

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Kingston, Suzanne. « The Polluter Pays Principle in EU Climate Law : an Effective Tool before the Courts ? » Climate Law 10, n^o 1 (19 mars 2020) : 1–27. http://dx.doi.org/10.1163/18786561-01001001.

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In EU law the polluter pays principle (ppp) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (tfeu) enshrines it among the fundamental principles of the EU’s environmental policy. This article considers the legal status and development of the ppp in EU law, in the case law of the Court of Justice of the European Union (cjeu) and in EU policy, most recently in the EU’s Green New Deal. It goes on to identify three bodies of climate-related litigation where the ppp has been most influential to date: first, cases concerning the EU ets and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the ppp in other areas, including climate cases based on human and environmental rights, and climate cases brought against private parties.

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Kuvaldin, Stanislav. « The Values of the EU and their Protection in the European Law ». Contemporary Europe 100, n^o 7 (31 décembre 2020) : 37–45. http://dx.doi.org/10.15211/soveurope720203745.

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Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.

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(Bodescu) Cotoc, Corina-Narcisa, Maria Nițu, Mircea Constantin Șcheau et Adeline-Cristina Cozma. « Efficiency of Money Laundering Countermeasures : Case Studies from European Union Member States ». Risks 9, n^o 6 (17 juin 2021) : 120. http://dx.doi.org/10.3390/risks9060120.

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The aim of this study is to present the trends and effectiveness of money laundering countermeasures from the perspective of a number of suspicious transactions reported to the Financial Intelligence Units (FIUs), a number of analysis results submitted to law enforcement authorities, and the typologies of cases in European Union Member States. In order to determine the impact of the joint effort in the fight against money laundering, we used descriptive statistics to process the data and case studies from annual reports of the European FIUs for 2018 and 2019. The results of our study highlight the increase in the number of suspicious transactions notices, as well as in their quality level. There is an increasing tendency towards information exchange between European Union countries regarding the suspicion of money laundering, but there is no stable trend for referring cases to law enforcement and other responsible institutions. Based on the available data, it can be concluded that the EU anti money laundering measures are efficient, but further steps are needed to achieve higher international coordination and cooperation.

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McMENAMIN, IAIN. « Varieties of Capitalist Democracy : What Difference Does East-Central Europe Make ? » Journal of Public Policy 24, n^o 3 (décembre 2004) : 259–74. http://dx.doi.org/10.1017/s0143814x04000170.

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The establishment of capitalist democracies in East-Central Europe raises the question of whether existing accounts of varieties of capitalist democracy need to be revised. This article provides a systematic quantitative comparison of varieties of capitalist democracy in the Czech Republic, Hungary and Poland with 19 other OECD countries. It finds that the East-Central European cases constitute a distinctive cluster; that they have much in common with Greece, Iberia and Ireland and that they are closer to the continental European than the liberal variety of capitalist democracy. These results have important implications for the internal politics of the European Union, prospects of an East-Central European repeat of the relative success of Ireland and the Mediterranean in the European Union, and debates about the influence of neo-liberalism on public policy.

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Uhma, Piotr. « Joined Cases C-585/18, C-624/18, C-625/18 ». American Journal of International Law 114, n^o 4 (octobre 2020) : 743–49. http://dx.doi.org/10.1017/ajil.2020.80.

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The judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU) announced on November 19, 2019 in response to a preliminary reference from the Polish Supreme Court is of fundamental importance for the independence of courts and judges in EU countries, establishing a pillar on which subsequent CJEU decisions have been based. The CJEU concluded that a national court is not an independent and impartial tribunal within the meaning of the European Union (EU) law where the objective circumstances in which that court was formed, its characteristics, and the means by which its members have been appointed are capable of giving rise to legitimate doubts, in the minds of subjects of the law, as to the imperviousness of that court to external interference. In particular, a court may cease to be seen as independent or impartial when it appears to be under the direct or indirect influence of the legislature and/or the executive, or where doubts emerge about their neutrality with respect to the interests before them. Such circumstances threaten the trust that justice in a democratic society must inspire in subjects of the law.

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Mancano, Leandro. « Trust Thy Neighbour ? Compliance and Proximity to the EU through the Lens of Extradition ». Yearbook of European Law 40 (1 janvier 2021) : 475–514. http://dx.doi.org/10.1093/yel/yeab012.

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Abstract The principle of mutual trust between Member States is key to the functioning of European Union (EU) law. Rooted in sincere cooperation and equality of the Union’s States, that principle is premised on compliance with shared values, interests, and rules. This fosters close cooperation in many areas, such as law enforcement, as exemplified by the European Arrest Warrant Framework Decision (EAW FD). Outside the Union, the presumption is that the principle of mutual trust does not apply. This seems confirmed by the case law on the extradition of EU citizens, with the EU Court of Justice (ECJ) prioritizing intra-EU cooperation over forced transfer of Union nationals to the requesting third countries. As the EU has developed a sophisticated network of relationships with its partners, and neighbours especially, the question arises as to when, if at all, third countries can be trusted, and when that trust can be challenged. By using the benchmark of EU membership as the standard of legal proximity, this article analyses the EU’s relationship with some of its neighbours in cases of extradition. The article creates an analytical framework to tackle unanswered questions around mutual trust and cooperation in criminal matters, and to read into the future of the legal relationship between the EU and some third countries.

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