Littérature scientifique sur le sujet « European Union countries – Foreign relations – Law and legislation »
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Articles de revues sur le sujet "European Union countries – Foreign relations – Law and legislation"
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Hartley, Trevor C. "The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws." International and Comparative Law Quarterly 54, no. 4 (2005): 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
2
Berdnik, I. V. "CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 2 (2021): 7–20. http://dx.doi.org/10.32755/sjcriminal.2021.02.007.
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The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment. It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and specific properties of an illegal act and the damage caused by it, resulting in disruption of public relations, damage to property and goods associated with the circulation, use, restoration of water resources only in some countries. The peculiarities of atypical forms of encroachment on the environment under the legislation of foreign countries are presented and the ways of their implementation in the legislation of Ukraine on criminal responsibility are suggested. The results of studying the legal requirements of the European Union, which establish criminal responsibility for offences against environment, give grounds to conclude that they are somewhat similar, primarily due to the global processes of unification and harmonization of national criminal justice systems. To this end, it is necessary to ratify the Convention on the Protection of the Environment by means of criminal law dated 04.11.1998 and to bring the national legislation in line with its provisions. Based on the analysis of criminal legislation of Ukraine and foreign countries, it is concluded that in democratic societies with a perfect system of legislation and mechanisms of responsibility for criminal offenses against environment, a legislator is responsible for protecting natural resources as the elements of the environment. This approach makes it possible to protect the environment from illegal encroachments, as well as to prevent illegal actions of individuals. Key words: criminal responsibility, environment, atypical forms of encroachment, natural environment, natural resources, European Union.
3
Martirosyan, E. G. "Legal Regulation of the EU Common Agricultural Market." Journal of Law and Administration 16, no. 2 (2020): 89–97. http://dx.doi.org/10.24833/2073-8420-2020-2-55-89-97.
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Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs, as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.
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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 (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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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Poljanec, Kristijan, and Tomislav Jakšić. "Safeguarding Croatian Strategic Industries Within the Scope of the EU Foreign Direct Investment Regime." Central European Journal of Comparative Law 1, no. 2 (2020): 123–49. http://dx.doi.org/10.47078/2020.2.123-149.
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A European Union (EU)-wide screening regime entered into force in October 2020, marking the turning point in the Member States’ investment relations with third countries, most notably, the emerging economies of the Far East. Most Central and Eastern European (CEE) states have recently embraced novel screening solutions; some legislative proposals are still pending in a few states. These regulatory changes are the result of the socio-economic turmoil caused by the COVID-19 epidemic, which threatens a major fire sale of resources that are deemed critical for the Member States’ national security and public order. In this paper, the authors examine the existing screening mechanisms regarding foreign direct investment (FDI) in five EU countries: Austria, Germany, Hungary, Slovenia, and Poland. Given the apparent lack of comprehensive FDI screening mechanisms in Croatia, the authors consider that the findings of this comparative analysis could help Croatian legislator establish a comprehensive legal regime for FDI pouring into Croatian strategic industries. This paper argues that Croatia should introduce novel screening mechanisms along the lines of the Germanic legal tradition, most notably, the CEE and the German foreign trade and payments law. The authors suggest potential solutions de lege ferenda that would fit the scope and objectives of the screening regulation. Following the introduction, the second section of the paper glances through FDI screening mechanisms in four CEE countries. In the third section, the paper revisits the existing Croatian legislation on FDI control. The fourth section considers possible amendments thereof within the context of the German foreign trade and payments law. The fifth section summarises and concludes the paper.
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Kharitonova, Julia S., and Larisa V. Sannikova. "DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 208–24. http://dx.doi.org/10.17223/22253513/39/16.
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Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.
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YUROVSKA, Viktoriia, and Alina PYVOVAR. "Comparison of the labor code and the draft law "On labor": employment contract." Economics. Finances. Law 12, no. - (2022): 9–13. http://dx.doi.org/10.37634/efp.2022.12.2.
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The paper is devoted to the coverage of current changes and de-Sovietization of legislation in the field of labor, namely: a comparison of the legislative regulation of the employment contract in accordance with the Labor Code and the draft law "On Labor" published on the website of the Ministry of Economy. The author analyzed the provisions of the legislative regulation of legal relations arising between the employee and the employer: content, forms, conditions, grounds for termination and suspension of employment contracts, and comparison of existing and proposed rules. It is emphasized that the intensive development of labor relations and European integration "require" a clear, flexible, and understandable legislative regulation of labor relations, in particular in terms of proper social protection of workers, ensuring wages and labor rights of the latter at a decent, European level, in accordance with the conventions of the International Labor Organization, and the importance of labor unions. The works of legal scholars in the field of labor law, who spoke on this topic, were used and analyzed. The experience of other European countries, their path as a candidate country, legislative regulation of the labor sphere and foreign research on the labor market, as well as statistics of domestic institutions for the period 2021-2022, were used. Attention is drawn to the importance of social dialogue between employers, employees and trade unions. The conclusion is made about the need to finalize the draft law, which should meet the latest needs of modernity, the vector of the post-war development of Ukraine, its socio-economic doctrine, legislative acts of Ukraine, Conventions of the International Labor Organization and Directives of the European Commission, and the need for a new Labor Code, not the Law of Ukraine "On Labor".
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Марку, Жерар, and Zherar Marku. "THE LAW AND LAW-MAKING IN FRANCE." Journal of Foreign Legislation and Comparative Law 1, no. 4 (2015): 0. http://dx.doi.org/10.12737/14262.
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The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.
Thèses sur le sujet "European Union countries – Foreign relations – Law and legislation"
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Zhu, Feng. "EU energy policy after the Treaty of Lisbon : breakthroughs, interfaces and opportunity." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580185.
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Strik, Philip Philip Frederik Jozef Simon. "Shaping the single European market in the field of foreign direct investment." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610031.
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Deleau, Delphine. "The European court of justice 'open skies' judgments of 5 November 2002 : a Euopean contribution to the multilateral framework for International Aviation relations." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80914.
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The 'Open Skies' policy launched by the United States in 1992 gave birth to new bilateral agreements between them and most Member States of the European Union, as the latter were adopting a single aviation market. Nevertheless, the nationality clause the agreements included conflicted with the Community principle of freedom of establishment.<br>On November 5, 2002, the European Court of Justice therefore ruled there was indeed violation. However, the true question raised by the agreements focused less on such violation, which was anterior to those agreements, than on their fragmentation and the inequality they created in the Europe/United States aviation relations.<br>Indeed, the issue to be stressed in the judgments is linked to the building of the external competence of the Union with regards to aviation. While the Court refused to grant total competence to the Community, it made that of the Member States impracticable, leading to a global mandate for the Commission.<br>Although the orientations of the agreements to be concluded are foreseeable, the role the European Union will play in a potential multilateral negotiation remains to be defined.
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RAVALLI, Rebecca. "Externalities of production in GVCs : an EU consumer perspective." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73849.
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Defence date: 21 December 2021<br>Examining Board:
Professor Hans – W. Micklitz, European University Institute (Supervisor),
Professor Martijn W. Hesselink, European University Institute,
Professor Anna Beckers, Maastricht University,
Professor Fernanda Nicola, Washington College of Law.<br>This doctoral dissertation examines the EU consumer perspective on externalities of production in global value chains (GVCs). Whether as part of the discourse on development or global economic governance, externalities of production are a long-standing issue that has been problematised not only by lawyers but also by economists, anthropologists, sociologists and social scientists at large. In the legal field, the analysis has struggled to contextualise consumer law and policy together with the peculiarities of GVCs as a distinct model of business organisation characterised by contractualisation of processes of production. The thesis argues that contractualisation of production establishes a relationship between consumers and processes of production, also in relation to externalities. Such a relation is not mirrored either by the voluntary self-regulation through which enterprises regulate externalities nor by EU consumer law. The present dissertation addresses this matter and argues that EU consumer law limits the involvement of consumers in the process of self-regulation that leading enterprises of GVCs undertake to prevent and/or remedy externalities of production and that results into a unilateral exercise of epistemic authority. The exercise of epistemic authority is favoured by a ‘communication paradigm’ framing EU consumer law, according to which consumer claims’ on sustainability and externalities of production depend on the content of the communication consumers receive prior or via the contract. This paradigm prevents consumers involvement, in all phases of the contractual relationship, in the definition of a legal episteme of sustainability in line with the core constitutional principles and values as enshrined in the EU Treaties and constitutional charters of member states. The final part of the thesis suggests that the limits deriving by the communication paradigm can be overcome by the CJEU that, by relying on the principle of effectiveness can integrate the communication paradigm with a consumer perspective on externalities of production in the post-contractual phase.
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Delechat, Aude Simonne Emilie. "Une concurrence fiscale loyale (un compte de fée?) /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83950.
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Tax competition between tax sovereignties is a fact. We focus here on the international tax competition. Taxation is one of the tools of governance that States use to direct their policies. Tax authorities try to diminish the burden of their taxpayers to improve the national economic and social welfare. To aim this objective, Governments intensify the competitiveness of the domestic trade and/or attract foreign investments. Because every States share the same goal, Governments compete with each other on the tax field. This tax competition is qualified as beneficial on the one hand, and one the other hand---ever more often---the adjective used to qualify this competition would be "harmful". At first, this thesis exposes the situation of tax competition, presenting the opposing views and the concurring ones. Then, we look at the position of the Organization of Economic Cooperation and Development and the position of the European Union on this issue of tax competition. Historic summaries explain the point of view of these two organizations that are the leaders in the fight against the "harmful" tax competition. Finally, we give subjective ideas to re-think tax competition in a fair way.
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Volz, Eckehard. "The trade, development and cooperation agreement between the Republic of South Africa and the European Union : an analysis with special regard to the negotiating process, the contents of the agreement, the applicability of WTO law and the Port and Sherry Agreement." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52582.
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Thesis (LLM)--University of Stellenbosch, 1999.<br>ENGLISH ABSTRACT: This thesis deals with the Trade, Development and Cooperation Agreement (TDCA)
between the European Union and the Republic of South Africa, which was concluded
in October 1999. In particular, the agreement is analysed in the light of the
negotiating process between the parties, the contents of the agreement, the
applicability of WTO law and the compatibility of the agreement with it and the Port
and Sherry Agreement.
Since the EU emphasised its aim to commence economic and development
cooperation with other African, Caribbean and Pacific (ACP) countries on a reciprocal
basis during the negotiations for a successor of the Lomé Convention, the TDCA
between the EU and South Africa had to be seen as a "pilot project" for future
cooperation agreements between countries at different levels of development. The
TDCA between the EU and South Africa is therefore not only very important for the
two concerned parties, but could serve as an example for further negotiations
between the EU and other ACP countries. Thus the purpose of this thesis is to
examine the TDCA between the EU and South Africa from a wider global
perspective.
The thesis is divided into six Chapters:
The first Chapter provides an introduction to the circumstances under which the
negotiations between the EU and South Africa commenced. It deals briefly with the
economic situation in South Africa during the apartheid era and presents reasons
why the parties wanted to enter into bilateral negotiations. The introductory part
furthermore presents an overview of the contents of the thesis.
The second chapter contains a detailed description of the negotiating process that
took place between the parties and shows why it took 43 months and 21 rounds of
negotiations to reach a deal. South Africa's partial accession to the Lomé Convention
and the conclusion of separate agreements such as the Wine and Spirits Agreement,
are also analysed. Chapter three presents the various components of the TOCA and illustrates what the
negotiators achieved. This chapter on the TOCA concludes with an evaluation of the
Agreement and shows the potential benefits to South Africa and the EU.
Since the Agreement had to satisfy international rules, the provisions of the General
Agreement on Tariffs and TradelWorld Trade Organisation (GATTIWTO) were of
major importance. The EC Treaty, however, does not contain any provision that
indicates whether, or how, an international agreement like the GATTIWTO penetrates
the Community legal order. In Chapter four, accordingly, questions are raised
regarding the extent to which the bilateral agreement between South Africa and the
EU was influenced by the GATTIWTO provisions and how these rules were
incorporated into the agreement. Furthermore, since the parties agreed on the
establishment of a free trade area, this chapter deals with the question of in how far
the TOCA is in line with Article XXIV GATT.
In addition to the GATT provisions, the TOCA is also affected by the Agreement on
Trade Related Aspects of Intellectual Property Rights (TRIPs). Therefore Chapter five
deals with TRIPs in connection with the TOCA. The use of the terms "Port" and
"Sherry" as the major stumbling block to the conclusion of the TOCA is analysed
more closely.
The final part, namely Chapter six, provides a summary of the results of the
investigation. Furthermore, a conclusion is provided with regard to the question of
whether the TOeA can be seen as an example for further trade relations between the
EU and other ACP countries.<br>AFRIKAANSE OPSOMMING: Hierdie tesis is gerig op die Handels-, Ontwikkelings- en Samewerkingsooreenkoms
(TDGA) tussen die Europese Unie (EU) en die Republiek van Suid Afrika wat in
Oktober 1999 gesluit is. Die ooreenkoms word veral in die lig van die
onderhandelingsproses tussen die partye, die inhoud van die ooreenkoms, die
toepaslikheid van Wêreldhandelsorganisasiereg en die versoenbaarheid daarvan
met die ooreenkoms en die Port en Sjerrie-ooreenkoms ontleed.
Aangesien die EU sy oogmerk van wederkerige ekonomiese en ontwikkelings-gerigte
samewerking met ander lande in Afrika en die Karibiese en Stille Oseaan-Eilande
gedurende die onderhandelings vir 'n opvolger van die Lomé Konvensie beklemtoon
het, moes die ooreenkoms tussen die EU en Suid-Afrika as 'n "loodsprojek" vir
toekomstige samewerkingsooreenkomste tussen lande wat op verskillende vlakke
van onwikkeling is, gesien word. Die Handels-, Ontwikkelings- en
Samewerkingsooreenkoms tussen die EU en Suid-Afrika is dus nie net baie belangrik
vir die betrokke partye nie, maar dit kan ook as 'n voorbeeld vir verdere
onderhandelings tussen die EU en lande van Afrika en die Karibiese- en Stille
Oseaan-Eilande dien. Die doel van dié tesis is om die Handels-, Ontwikkelings- en
Samewekingsooreenkoms tussen die EU en Suid-Afrika vanuit 'n meer globale
perspektief te beskou.
Die tesis is in ses Hoofstukke ingedeel:
Die eerste hoofstuk bied 'n inleiding tot die omstandighede waaronder die
onderhandelings tussen die EU en Suid-Afrika begin het. Dit behandel die Suid-
Afrikaanse ekonomiese situasie onder apartheid kortliks en toon hoekom die partye
tweesydige onderhandelings wou aanknoop. Verder bied die inleidende deel 'n
oorsig oor die inhoud van die tesis.
Die tweede hoofstuk bevat 'n gedetailleerde beskrywing van die
onderhandelingsproses wat tussen die partye plaasgevind het en toon aan waarom
dit drie-en-veertig maande geduur het en een-en-twintig onderhandelingsrondtes
gekos het om die saak te beklink. Suid-Afrika se gedeeltelike toetrede tot die Lomé Konvensie en die sluit van aparte ooreenkomste soos die Port- en Sjerrieooreenkoms
word ook ontleed.
Die daaropvolgende hoofstuk bespreek die verskillende komponente van die
Handels-, Ontwikkelings- en Samewerkingsooreenkoms en toon wat die
onderhandelaars bereik het. Hierdie hoofstuk oor die Ooreenkoms sluit af met 'n
evaluering daarvan en dui die potensiële voordele van die Ooreenkoms vir Suid-
Afrika en die EU aan.
Aangesien die Ooreenkoms internasionale reëls moes tevrede stel, was die
voorskrifte van die Algemene Ooreenkoms oor Tariewe en Handel (GATT) van
uiterste belang. Die EG-verdrag bevat egter geen voorskrif wat aandui óf, of hoé, 'n
internasionale ooreenkoms soos GATTNVTO die regsorde van die Europese
Gemeenskap binnedring nie. Die vraag oor in hoeverre die tweesydige ooreenkoms
tussen Suid-Afrika en die EU deur die GATTIWTO voorskrifte beïnvloed is, en oor
hoe hierdie reëls in die ooreenkoms opgeneem is, word dus in Hoofstuk vier
aangeraak. Aangesien die partye ooreengekom het om 'n vrye handeisarea tot stand
te bring, behandel hierdie hoofstuk ook die vraag oor in hoeverre die TOGA met
Artikel XXIV GATT strook.
Tesame met die GATT-voorskrifte word die TOGA ook deur die Ooreenkoms ten
opsigte van Handelsverwante Aspekte van Intellektuele Eiendomsreg (TRIPs)
geraak. Hoofstuk vyf behandel daarom hierdie aspek ten opsigte van die TOGA. Die
gebruik van die terme "Port" en "Sjerrie" as die vernaamste struikelblok tot die sluiting
van die TOG-ooreenkoms word ook deegliker ontleed.
Die laaste gedeelte, naamlik Hoofstuk ses, bied 'n opsomming van die resultate van
die ondersoek. Verder word 'n gevolgtrekking voorsien ten opsigte van vraag of die
TOGA as 'n voorbeeld vir verdere handelsverwantskappe tussen die EU en ander
lande in Afrika en die Karibiese en Stille Oseaan-eilande beskou kan word.
7
Harris, Linda H. "On Human Migration and the Moral Obligations of Business." UNF Digital Commons, 2008. http://digitalcommons.unf.edu/etd/296.
Texte intégralRésumé :
This work addresses to what extent businesses in the United States and the European Union have a moral obligation to participate in social integration processes in areas where they operate with the use of migrant laborers. It begins with the presupposition that a common framework as to what constitutes ethical behavior in business is needed and beneficial. It argues that the very industry that creates a need for migrant labor ought to also be involved in merging this labor successfully into the existing community and specifies that a discourse on business ethics and migration is gravely needed. This must be one that considers how businesses can become more engaged in resolving the social issues that arise both for the migrants and for the local community in which the businesses operate. The purpose would be to fill a social and humanitarian need that government alone cannot. More importantly, it will be to exercise beneficence and display responsible and sincere corporate citizenship. It is claimed that businesses that fail to encourage and participate in integration processes display a moral flaw. Cosmopolitan business ethics are proposed as a way to look at ethical business conduct and it is claimed that businesses that act as cosmopolitan citizens are morally praiseworthy.
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Polard, Audrey. "Un contrôle efficient des émissions d'azote et de phosphore dans le bassin de l'Escaut: analyse critique de la Directive Cadre sur l'Eau (DCE) et de la Politique Agricole Commune (PAC)." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209638.
Texte intégralRésumé :
Même si la réduction des apports de nutriments dans les écosystèmes aquatiques est généralement envisagée avec des approches « effects-based », ce n’est pas le cadre qui a été suivi dans cette thèse. En effet, dans une démarche de développement durable, il semble plus pertinent, de définir des mesures de contrôle de la pollution agissant sur les relations de cause à effet. Selon cette logique, la méthodologie proposée par la Directive Cadre sur l’Eau (DCE) pour protéger les écosystèmes aquatiques présente plusieurs faiblesses. Par le fait qu’elle réfère à certains principes de l’économie standard de l’environnement, l’analyse économique de la DCE pose plusieurs problèmes pour agir sur la causalité de la pollution. Néanmoins, la méthodologie proposée par la DCE est pertinente par le fait qu’elle recommande l’utilisation combinée de mesures techniques et d’instruments pour diminuer les dommages environnementaux. Conformément à cette disposition, l’effet de mesures techniques et d’instruments sur le secteur agricole et sur la chaine alimentaire l’englobant a été évalué puisque cette dernière est responsable de la majorité des émissions diffuses et ponctuelles d’azote et de phosphore dans les eaux de surface. La définition de mesures techniques en fonction de l’efficience de l’utilisation des nutriments (Nutrient Use Efficiency, NUE) dans la production agricole a été complétée par l’étude des instruments économiques utilisés dans la Politique Agricole Commune (PAC) pour développer une agriculture multifonctionnelle. Si la thèse concerne de manière générale l’eutrophisation des écosystèmes aquatiques, elle se penche plus particulièrement sur les pressions au sein du bassin de l’Escaut et sur leurs impacts jusqu’à la zone côtière de la mer du Nord. Des mesures techniques agissant sur les causes des émissions diffuses du secteur agricole et sur les émissions ponctuelles des stations d’épuration ont été proposées pour ce bassin. Ces mesures techniques ont été caractérisées prioritairement par leur efficacité environnementale (grâce aux modèles Sénèque-Riverstrahler et MIRO) et en fonction de leurs coûts directs. <p><p>/<p><p>Although reducing the load of nutrients in aquatic ecosystems is usually looked at through "effects-based" approaches, this is not the context which this paper has chosen to follow. In fact, keeping in line with sustainable development, it seems more relevant to define measures to control pollution which act on cause and effect relations. According to this way of thinking, the methodology proposed by the Water Framework Directive (WFD) to protect aquatic ecosystems presents a number of weaknesses. By the fact that it refers to certain standard economic principles for the environment, the WFD’s economic analysis poses several problems towards acting on the cause of the pollution. Nevertheless, the methodology proposed by the WFD is relevant, as it recommends the combined use of technical measures and of instruments to reduce environmental damage. In accordance with this disposition, an assessment has been made of the effect of technical measures and instruments on the agricultural sector and on the food chain encompassing it, since the food chain is responsible for the majority of diffuse and point emissions of nitrogen and phosphorus in surface waters. The definition of technical measures in terms of efficient use of nutrients (Nutrient Use Efficiency, NUE) in agricultural production has been complemented by a study of economic instruments used in the Common Agricultural Politicy (CAP) to develop a multifunctional type of agriculture. Although the paper deals with the eutrophication of aquatic ecosystems in a general way, it concentrates particularly on the increasing pressures in the Scheldt basin and on their impacts as far as the North Sea coastal zone. Technical measures acting on the causes of diffuse emissions in the agricultural sector and on point emissions in the water treatment plants have been proposed for this basin. These technical measures have been categorised in order of priority according to their environmental effectiveness (thanks to the Sénèque-Riverstrahler et MIRO models) and depending on their direct costs.<br>Doctorat en Sciences agronomiques et ingénierie biologique<br>info:eu-repo/semantics/nonPublished
9
DIMOPOULOS, Angelos. "Regulation of foreign investment in EU external relations law." Doctoral thesis, 2010. http://hdl.handle.net/1814/14518.
Texte intégralRésumé :
Defence Date: 25 June 2010<br>Examining Board: Professor Marise Cremona, European University Institute; Professor Ernst Ulrich Petersmann, European University Institute; Professor Eileen Denza, University College London; Professor Markus Krajewski, University of Potsdam<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses
10
LARIK, Joris. "Worldly ambitions : foreign policy objectives in European constitutional law." Doctoral thesis, 2013. http://hdl.handle.net/1814/27186.
Texte intégralRésumé :
Defence date: 3 June 2013<br>Examining Board: Professor Loïc Azoulai, European University Institute; Professor Marise Cremona, European University Institute (Supervisor); Professor Christophe Hillion, Leiden University; Professor Daniel Thym, University of Konstanz<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>Constitutions of today do not merely address the salus populi anymore, the welfare of the people, but increasingly exhibit international ambitions. This is true in particular for the EU Treaties. To make sense of these developments, this thesis presents a comprehensive account of foreign policy objectives as a growing part of European constitutional law. It grasps these provisions as legal norms, discerns their legal force and functions, and situates them into the overall legal order of the state, the Union, and the composite 'European Constitutional Space’. It argues that for comparative constitutional law in general, the codification of foreign policy objectives suggests a step forward in the evolution of the role of the constitution: From limiting public authority to guiding it towards certain goals, both at home and in the world. For the EU in particular, this research advances a comparative constitutional perspective for the study of EU external relations, and adds a constitutional dimension to the 'normative power’ debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France and India, the thesis elaborates a common vocabulary for understanding foreign policy objectives across different jurisdictions. It adapts these findings to the pluralist context of the Union and its Member States, which closely intertwines both legal orders and foreign policies. It reveals that constitutional foreign policy objectives represent norms of constitutional rank which commit a polity to an active and 'normative’ foreign policy, serving principally as an interpretive lens through which public powers can be enlarged. As a feature peculiar to the EU context, such objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent, albeit polyphonic, external action. Furthermore, the project feeds its legal findings into the debate on the EU as an actor in International Relations, drawing on the main IR theories to sharpen the analysis of these norms in inter-institutional struggles as well in long-term processes of identity-shaping, legitimation and socialization.
Livres sur le sujet "European Union countries – Foreign relations – Law and legislation"
1
Marise, Cremona, and Witte Bruno de, eds. EU foreign relations law: Constitutional fundamentals. Hart, 2008.
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2
Eeckhout, Piet. EU external relations law. 2nd ed. Oxford University Press, 2011.
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3
Wessel, Ramses A. The European Union's foreign and security policy: A legal institutional perspective. Kluwer Law International, 1999.
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4
EU external relations law and policy in the post-Lisbon era. T.M.C. Asser Press, 2012.
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5
Bernard, Rudden, and Wyatt Derrick, eds. Rudden and Wyatt's EU treaties and legislation. 8th ed. Oxford University Press, 2002.
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Constitutional principles of EU external relations. Oxford University Press, 2008.
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7
W, Cafruny Alan, and Peters Patrick, eds. The Union and the world: The political economy of a common European foreign policy. Kluwer Law International, 1998.
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8
Tom, Hadden, and European Cooperation in the Field of Scientific and Technical Research (Organization), eds. A responsibility to assist: EU policy and practice in crisis-management operations under European security and defence policy : a COST report. Hart Pub., 2009.
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9
The European Union and member state territories: A new legal framework under the EU treaties. T.M.C. Asser Press, 2012.
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10
Becker-Alon, Shira. The communitarian dimension of the European Union's Common Foreign and Security Policy. Nomos, 2011.
Trouver le texte intégralChapitres de livres sur le sujet "European Union countries – Foreign relations – Law and legislation"
1
Malacka, Michal. "Sharia – Conflict of Law and Culture in the European Context." In Universal, Regional, National – Ways of the Development of Private International Law in 21st Century. Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-3.
Texte intégralRésumé :
Sharia and its conflict with the private law within the EU is one of the most current problems in the conflict of laws. In accordance with the doctrine of ordre public, a foreign law that is otherwise applicable is disregarded if its application would violate some fundamental interest, basic policy, general principle of justice, or prevailing concept of good morals in the forum state. This doctrine is used and followed by judicial procedures not only at “the old continent” but also in Islamic countries. This article shows the basic aspects of Sharia, Islamic legal tradition and the reflection of all the connected aspects in European Union private law and legislation. Some selected chapters analyse the most important differences in the legislation and judicial practice in the EU member states.
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Celeste, Edoardo, and Federico Fabbrini. "Competing Jurisdictions: Data Privacy Across the Borders." In Palgrave Studies in Digital Business & Enabling Technologies. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.
Texte intégralRésumé :
Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
3
Craig, Paul, and Gráinne de Búrca. "19. Free Movement of Goods: Duties, Charges, and Taxes." In EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856641.003.0019.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter. The UK version contains a further section analysing the way in which issues of customs duties and taxation are likely to be resolved in future trade relations between the EU and the UK.
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Craig, Paul, and Gráinne de Búrca. "19. Free Movement of Goods: Duties, Charges, and Taxes." In EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198859840.003.0019.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter. The UK version contains a further section analysing the way in which issues of customs duties and taxation are likely to be resolved in future trade relations between the EU and the UK.
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Reich, Arie. "The Impact of the Court of Justice of the European Union on the Israeli Legal System." In The Impact of the European Court of Justice on Neighbouring Countries. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0012.
Texte intégralRésumé :
This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Israeli legal system. After a short description of the Israeli legal system and its judiciary, including figures on the use of foreign legal sources by the courts, the chapter describes briefly the relations between the EU and Israel and notes the weak legal approximation provision in the Association Agreement. Despite the lack of obligation on Israel’s part to rely on CJEU judgments, the author has found steadily growing numbers of citations of these judgments by various Israeli courts and tribunals. The chapter presents the statistics of these citations over the years, the types of tribunals that cite the CJEU, and the fields of law where these citations are mostly found (mainly in trade marks, competition law, and labour law). It also lists the CJEU cases that are most cited by Israeli tribunals. It then assesses the impact of the citations by a coding system that allows us to observe the relative influence that the citations had in the various tribunals. After having presented a statistic overview on the citation patterns, the chapter zooms into some specific cases where the CJEU was cited in order to put the citation into context and better understand its significance. Finally, the chapter discusses instances of CJEU impact on Israeli regulation, not case law, namely in the field of competition law, sports (the Bosman case), and privacy (‘the right to be forgotten’).
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Skok, Oleksandra, and Taisiia Shevchenko. "CRIMINAL AND LEGAL CHARACTERISTICS OF TRANSNATIONAL CRIME: COMPARATIVE ANALYSIS." In European vector of development of the modern scientific researches. Publishing House “Baltija Publishing”, 2021. http://dx.doi.org/10.30525/978-9934-26-077-3-39.
Texte intégralRésumé :
This article focuses on the criminal law characteristics of transnational crime, which has an extremely negative impact on the economic and social spheres of modern society in many countries. The provisions of international regulations on the definition of transnational crime and the reality of implementation of international agreements signed and ratified by Ukraine in terms of implementation in national criminal law of liability for crimes with transnational links have been thoroughly studied. In particular, the United Nations Convention against Transnational Organized Crime and the Agreement between Ukraine and the European Police Office on Operational and Strategic Cooperation and other international regulations on cooperation of member states in combating transnational crime were studied. The statistical data of the General Prosecutor’s Office of Ukraine are analyzed, which indicate the negative dynamics of the state of organized crime, which has increased over the last five years. The article presents official statistics, according to which in 2016 the share of organized crime amounted to 0.02% of the total number of crimes committed; in 2017 – 0.04%; in 2018 – 0.06%, in 2019 – 0.07%, in 2020 – 0.1% – which indicates an increase in the level of organized crime in general. An analysis of international regulations signed or ratified by Ukraine on the definition of transnational crime is carried out. The dispositions of the norms of the criminal legislation on detection of signs of crimes with transnational connections are analyzed. Crimes with signs of transnational crime have been identified under national legislation and the legislation of some foreign countries, on the basis of which their comparative characteristics have been made. It is established that some foreign countries also regulate the possibility of applying exemptions from criminal liability for similar criminal offenses under the domestic law on criminal liability. In particular, the norms of the Criminal Code of the Republic of Kazakhstan, the Republic of Azerbaijan, Georgia, the Republic of Moldova, the Republic of Turkmenistan, the Republic of Tajikistan, the Republic of Kyrgyzstan, the Republic of Armenia are analyzed. The article identifies a list of crimes that may have signs of transnational crime. It has been established that the largest number of crimes that may have the characteristics of transnational crime are acts related to drug trafficking, human trafficking, smuggling, economic crimes, arms trafficking, smuggling and other closely related crimes. with border crossing and international criminal relations. On this basis, it is proposed to set out the disposition of Part 2 of Art. 201 of the Criminal Code of Ukraine, which provides for liability for smuggling, taking into account the new qualifier for the commission of this act by criminal groups with transnational ties. In addition, the problem of the lack of definition of transnational crime at the legislative level in Ukraine, which prompts further research in this area, has been identified.
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Marinkás, György. "Human Rights Aspects of the Acquisition of Agricultural Lands With Special Regard to the ECtHR Practice Concerning the So-Called “Visegrád Countries”, Romania, Slovenia, Croatia, and Serbia." In Acquisition of Agricultural Lands : Cross-Border Issues from a Central European Perspective. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.jesz.aoalcbicec_2.
Texte intégralRésumé :
The aim of the current study is to examine how the national legal rules and judicial practice regarding the acquisition and holding of agricultural land are, in the case law of the European Court of Human Rights, linked to the right to property and the right to fair trial, as granted by Article 1 of the First Protocol to the European Convention on Human Rights and Article 6 (1) of the Convention. The study is focused on the land-related issues of the so-called “Visegrád Countries”—Czech Republic, Hungary, Poland and Slovakia—and some other selected neighboring countries, namely Romania, Slovenia, Croatia, and Serbia, all of which are member states of the Council of Europe. The author identified two main categories of legal issues, which are relevant in the selected countries or constitute a distinctive feature of these countries. The category of compensation-related cases can be divided into three main subcategories: cases where the compensation system established by the state after the change of regime displayed systematic shortcomings; cases where the earlier proprietors’ or their heirs’ interests clashed with those of third parties who acquired the property in good faith; and the so-called Slovakian “Gardener cases,” as the author named them, which display similarities with the second subcategory. The other main category is the issue of agricultural land acquisition by foreign natural or legal persons. However, the ECtHR’s case law is not that elaborated in this question as the case law of the Court of Justice of the European Union, since, contrary to EU law—which as a rule obliges member states to provide the free disposal of agriculture land—Article 1 of Protocol No. 1 does not create a right to acquire property. However, a national legislation that, alone among the CoE member states, implemented land reform programs with some blanket restrictions on the sale of agricultural land is incompatible with the provisions of Article 1 of Protocol No. 1.
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Lohvyn, Andrii. "ALTERNATIVE MEANS OF RESOLVING TAX DISPUTES IN UKRAINE: POSSIBLE WAYS OF IMPLEMENTATION." In Integration of traditional and innovation processes of development of modern science. Publishing House “Baltija Publishing”, 2020. http://dx.doi.org/10.30525/978-9934-26-021-6-25.
Texte intégralRésumé :
Legal disputes are inseparable part of the life of society. The task of the state is to create conditions for resolving disputes and to defend the rights and interests of citizens that are protected by law. Legal relationships are undoubtedly the sphere of potential disputes. The search for alternative and effective procedures of resolving such disputes is an important issue. At the same time, the main legal issue of the tax sphere is mainly to define and effectively ensure the limits of freedom and necessity in the behavior of taxpayers through the relevant legal, legislative norms, protection of property rights of individual taxpayers and the interests of society. Alternative Dispute Resolution або ADR include mediation, which gained broad recognition all over the world, including the European Union, which is postulated at the legislative level. It is often used, which makes it possible to prevent the negative consequences for the dispute parties as early as at the initial stage and avoid the expensive and lengthy trial. It gained recognition in resolving a wide range of disputes and arguments, beginning with the disputes in local communities and finishing with complex multi-lateral disputes in the commercial and public spheres. In many countries it is legislatively stipulated. Today, the institution of the alternative dispute resolution in the modified form is partially present in the Ukrainian legislation and in practice, at the same time, it is difficult to call the sphere of the alternative methods of dispute resolution well-developed. In this case, the lawyers and scientists discuss a wide implementation of the alternative ways, including mediation, virtually in all branches of law. The article, taking into account the practice of using alternative dispute resolution in other countries (international experience), identifies the possibility of using them in Ukraine as a separate permanent institution of pre-trial dispute resolution in the field of tax relations (the result of application of which can be achievement of reconciliation and/or tax compromise), which is directed at the improvement of tax administration. The concept of the tax compromise was also formulated and scientifically substantiated conclusions in the stated area were made.
Actes de conférences sur le sujet "European Union countries – Foreign relations – Law and legislation"
1
Karluk, S. Rıdvan. "EU Enlargement to the Balkans: Membership Perspective to the Balkan Countries." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01163.
Texte intégralRésumé :
After the dispersion of the Soviet Union, the European Union embarked upon an intense relationship with the Central and Eastern European Countries. The transition into capital market and democratization of these countries had been supported by the Ministers of Foreign Affairs at the beginning of 1989 before the collapse of the Soviet Union System. The European Agreements were signed between the EU and Hungary, Poland, and Czechoslovakia on December 16th, 1991. 10 Central and Eastern Europe Countries became the members of the EU on May 1st, 2004. With the accession of Bulgaria and Romania into the EU on January 1st, 2007, the number of the EU member countries reached up to 27, and finally extending to 28 with the membership of Croatia to the EU on July 1st, 2013. Removing the Western Balkan States, Serbia, Montenegro, Albania, and Bosnia and Herzegovina from the scope of external relations, the EU included these countries in the enlargement process in 2005.The European Commission has determined 2014 enlargement policy priorities as dealing with the fundamentals on preferential basis. In this context, the developments in the Balkans will be closely monitored within the scope of a new approach giving priority to the superiority of law. The enlargement process of the EU towards the Balkans and whether or not the Western Balkan States will join the Union will be analyzed.