scholarly journals The Single Digital Gateway Regulation as an Enabler and Constraint of Once-Only in Europe

2021 ◽  
pp. 83-103
Author(s):  
Hans Graux
Keyword(s):  
Legal Framework ◽  
Digital Evidence ◽  
Legal Basis ◽  
Member States ◽  
Direct Exchange ◽  
The Future ◽  
Legal Constraints ◽  
First Time

AbstractThe adoption of the Single Digital Gateway Regulation is a gamechanger in European e-government. For the first time, it creates a horizontal, non-sector specific legal framework for the direct exchange of digital evidence between public administrations in different Member States. However, these exchanges require public administrations to have a certain degree of trust in each other, which is built on a shared legal basis. The Single Digital Gateway Regulation achieves its goal of creating a legal basis and establishing trust, but also builds in a number of explicit and implicit legal constraints. These will help make the once-only principle in Europe a reality, but also enshrine limitations that will require revisions and expansions of the Regulation at some point in the future. This paper examines the genesis of the Regulation, its legal choices and priorities, the resulting implications and limitations, and potential challenges for the future.

scholarly journals Safeguards for the Future

Nuclear Law ◽  
2022 ◽  
pp. 223-247
Author(s):  
Trevor Findlay
Keyword(s):  
Historical Perspective ◽  
Political Process ◽  
Major Change ◽  
Legal Framework ◽  
Member States ◽  
Human Element ◽  
The Future ◽  
Vital Element

AbstractSafeguards have evolved as a result of new circumstances, institutions, technologies and practices, including cultural phenomena. This chapter examines safeguards from a historical perspective as the product of a political process that resulted in the negotiation of safeguards instruments. In particular, the chapter addresses the IAEA safeguards from the perspective that adaptation of the legal framework for safeguards is necessary and often difficult. Major change will only occur through a political process, not a legal one, involving Member States of the IAEA. The change will be facilitated through the IAEA Secretariat’s role in strengthening safeguards implementation using the power and responsibilities afforded to it; the advancement of technology and techniques as a vital element of this process; and the non-technological aspects of safeguards, particularly the human element.

Detention in the Context of Multinational Military Operations

2019 ◽  
pp. 163-178
Author(s):  
Jacques Hartmann
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
Legal Basis ◽  
Military Operations ◽  
Legal Challenges ◽  
Legal Constraints ◽  
Ongoing Project

The chapter zooms in on the specific issue of detention in the context of multinational military operations. The Serdar Mohammed case (UK), the Hassan case (ECtHR), as well as the ICRC’s ongoing project to strengthen the legal protections in relation to detention in times of non-international armed conflict, have unearthed various loopholes and legal challenges in the contemporary humanitarian legal framework. What is more, even when multinational military operations operate outside the context of an armed conflict, the legal basis and applicable legal constraints with regard to detention are often unclear. The ECtHR’s Medvedyev case as well as discussions in the context of the Copenhagen process on the handling of detainees in international military operations are relevant cases in point. It is against this background that the chapter analyses applicable legal bases, procedures and constraints with regard to detention in the context of multinational military operations.

scholarly journals Public Participation in the Establishment and Management of the Natura 2000 Network—Legal Framework and Administrative Practices in Selected Member States

2008 ◽  
Vol 5 (1) ◽  
pp. 35-68 ◽  
Author(s):  
Herwig Unnerstall
Keyword(s):  
Public Participation ◽  
Natura 2000 ◽  
Legal Framework ◽  
Habitats Directive ◽  
Preliminary Evaluation ◽  
Legal Basis ◽  
Natura 2000 Network ◽  
Member States ◽  
Administrative Practices ◽  
The Eu

AbstractThe Natura 2000 network is one of the most important instruments for biodiversity conservation in the EU. Public participation at its establishment and its management is an idea often promoted for improving implementation and hence conservation results. The Habitats Directive being the legal basis for the network does not pay attention to the issue of public participation—leaving the task to the Member States. This paper analyses and compares the legal basis and administrative practices of a number of Member States in regard to public participation at different stages of development of the network. It distinguishes different of types of public participation and makes a preliminary evaluation of them.

The EU Whistleblower Directive and its Transposition: Part 1

2020 ◽  
pp. 203195252096909
Author(s):  
Simon Gerdemann ◽  
Ninon Colneric
Keyword(s):  
European Union ◽  
Regulatory Elements ◽  
Legal Framework ◽  
Policy Debate ◽  
The European Union ◽  
Member States ◽  
Depth Analysis ◽  
European Union Legislation ◽  
First Time ◽  
The Eu

On 16 December 2019, Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law entered into force (hereinafter: Whistleblower Directive; WBD). Based on a Commission proposal of 23 April 2018 and accompanied by an intensive policy debate, the final version of the Directive represents the most far-reaching piece of European Union legislation in the field of whistleblowing law to date, both in terms of depth and scope of regulation. The Member States of the European Union are now obliged to transpose the Directive’s provisions essentially by 17 December 2021. For most Member States, this will mark the first time they will adopt a comprehensive whistleblowing law. Hence, the transposition of the WBD will bring with it various challenges, but also multiple opportunities to improve the current legal framework and its practical implications, both of which are discussed in this two-part article series.  Part 1 of the series will first discuss the Directive’s background and the main regulatory elements, followed by an in-depth analysis of its material and personal scope as well as the general conditions for whistleblower protection.

scholarly journals Remarks by Emi Nagaoka

2018 ◽  
Vol 112 ◽  
pp. 67-67
Author(s):  
Emi Nagaoka
Keyword(s):  
The Other ◽  
Legal Basis ◽  
Member States ◽  
Eu Member States ◽  
Investment Liberalization ◽  
Investment Treaty ◽  
The Future ◽  
Investment Agreement ◽  
The Absolute ◽  
The Eu

When it comes to the investment agreement (IA) between Japan and the EU or the EU member states, which means not only the investment part of the JEEPA but also the new investment treaty that would be concluded in the future, it is not considered that Japan and the EU have reached agreement without the absolute standards of treatment (e.g. FET and expropriation). Indeed, the text of the investment part of the JEEPA presented on the European Commission's website, which has not been legally verified yet as of today (April 5, 2018), has not stipulated said absolute standards, and such investment part is even titled as “Investment Liberalization” implying that only the non-discrimination provisions are provided. However, from the viewpoint of promoting investment as well as protecting the investors in the other countries, the level of liberalizing investment should not be decreased nor should the coverage of the standard or treatment be limited. In particular, FET is the most important standard of treatment for investors and most of them have relied on FET as their legal basis where they submit claims in the ISDS procedure. It is apparent that most countries also take the absolute standards important and necessary and the recent IAs including the CPTPP containing the absolute standards are considered to comply with such countries’ perspective.

REGIONAL ECONOMIC INTERACTION WITHIN THE SHANGHAI COOPERATION ORGANIZATION: FORMATION OF LEGAL BASIS

2021 ◽  
Vol 7 (2) ◽  
pp. 89-105
Author(s):  
Andrey A. Chukreyev
Keyword(s):  
Sustainable Development ◽  
Legal Framework ◽  
International Organization ◽  
Legal Basis ◽  
Shanghai Cooperation Organization ◽  
Member States ◽  
The Sustainable Development ◽  
Economic Interaction ◽  
Main Components ◽  
National Economies

This year marks the 20th anniversary of the establishment of the Shanghai Cooperation Organization. From the first years of its existence, this international organization has set the sustainable development of the national economies of its members as one of its goals. Such development requires an appropriate legal basis. Economic interaction in the analyzed international organization covers such spheres as trade and investment, transport, energy, agriculture and many others. The subject of this study is the legal basis for economic interaction within the Shanghai Cooperation Organization (SCO). The purpose of the study is to analyze the main components of the specified legal framework, the stages of the emergence and formation of the latter, as well as the problems and prospects of its development. Both general and specific scientific methods of cognition were used: formal logical, systemic, formal legal, historical legal and comparative legal methods. At the current stage, it should be noted that there is a relatively small volume of the legal basis for economic interaction within the SCO, with the prevalence of international “soft law” norms in its structure. This is primarily characteristic of the “economic constitution” of this organization, that is, for the provisions of the economic content of its three fundamental acts — the Declaration on the Establishment of SCO 2001, the Charter of SCO 2002, and the Treaty on Long-Term Good Neighbourliness, Friendship and Cooperation between the of SCO Member States 2007. In order to ensure security and sustainable development, the participating countries of the international organization under consideration should continue to build up economic interaction, expanding and improving the regulatory framework for this. An important area of work in this direction should be, in particular, the gradual convergence (unification, harmonization) of national law in the economic sphere of the SCO member states.

The role of standardization as a key Tool of Quality Economics in the development of integration of the Eurasian Economic Union

2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Standards ◽  
Member States ◽  
Scientific Methods ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Economic Union

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.

Development of the Legal Framework for Regulating Relations for the Training and Retraining of Judges in the Soviet Period (1946–1991)

2020 ◽  
Vol 8 ◽  
pp. 39-47
Author(s):  
S. I. Pukhnarevich ◽  
Keyword(s):  
Professional Development ◽  
Soviet Union ◽  
Legal Framework ◽  
Judicial System ◽  
Soviet Period ◽  
Legal Basis ◽  
The Soviet Union

The article shows the formation of the legal basis for the formation, development and functioning of the system of training and retraining of judicial personnel in the country in the period from 1946 until the end of the USSR. The article also explores the forms and approaches to the organization of improving the quality of the staff of the judicial system. It was concluded that the Soviet Union has formed an ideologically oriented, strictly centralized Federal-Republican system of professional development of court employees.

The Internal Stakes of the 2005 Elections: The Struggle for Influence in Egypt's National Democratic Party

2007 ◽  
Vol 61 (1) ◽  
pp. 95-111
Author(s):  
Virginie Collombier
Keyword(s):  
Democratic Party ◽  
Political System ◽  
The Political ◽  
Legislative Elections ◽  
The Future ◽  
External Actors ◽  
First Time

Beyond the relative opening of the political system that characterized 2005 in Egypt — with the President being elected directly for the first time and the increased competition allowed during legislative elections — the 2005 elections also constituted an opportunity to consider and evaluate the internal struggles for influence under way within the ruling National Democratic Party (NDP). In a context largely influenced by the perspective of President Husni Mubarak's succession and by calls for reform coming from both internal and external actors, changes currently occurring at the party level may have a decisive impact on the future of the Egyptian regime.

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