scholarly journals The Federal Entrenchment of Citizens in the European Union Member States’ Criminal Laws: Or How EU Citizenship Is Shaping Criminal Law

2017 ◽  
pp. 561-583
Author(s):  
Hanneke Van Eijken ◽  
Tony P. Marguery
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
European Union Member States

scholarly journals ENVIRONMENT CRIMINAL LAW IN TODAY EUROPEAN UNION

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Ion Flămînzeanu
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Cross Border ◽  
Distribution Of Powers ◽  
Union Action ◽  
The One ◽  
European Union Member States

AbstractEnvironment crime is among the European Union’s central concerns. The TampereEuropean Council of 15 and 16 October 1999 at which a first work program for theEuropean Union action in the field of Justice and Home Affairs was adopted asked thatefforts be made to adopt common definitions of offences and penalties focusing on a numberof especially important sectors, amongst them environment crime. But despite this agreementabout the importance of joint the European Union action, environmental criminal law hasbecome the centre of a serious institutional fight between the European Commission,supported by the European Parliament on the one hand and the Council, supported by thegreat majority of the European Union member states on the other hand. At stake is nothingless than the distribution of powers between the first and the third pillars, and therefore alsobetween the Commission and the European Union’s member states. The effect of this fight iscurrently a legal vacuum on general environmental criminal law that was closed with theDirective 2008/99/CE, taking into consideration the cross-border dimension of environmentalcrime and the existing significant differences in the national legislation of the EuropeanUnion member states.

scholarly journals Castaño avoids a clash between the ECtHR and the CJEU, but erodes Soering. Thinking human rights transnationally

2020 ◽  
pp. 203228442097974
Author(s):  
Sibel Top ◽  
Paul De Hert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
European Union Member States

This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.

GLOBAL DIMENSION OF INNOVATION CAPACITY OF THE EUROPEAN UNION MEMBER COUNTRIES

2018 ◽  
Author(s):  
Olena Zayats ◽  
◽  
Tomash Yarema ◽  
Keyword(s):  
European Union ◽  
Global Economy ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Global Innovation ◽  
The World ◽  
Innovation Capacity ◽  
Innovative Capacity ◽  
European Union Member States

The article examines the essence of the global innovation capacity of the member states of the European Union and its interconncetion with involvement in the processes of international economic integration and disintegration. It is noted that the global innovative force has a significant impact on stable economic growth and competitive positions of any economic entity in the world arena. In addition, it was determined that the unification of countries into interstate integration groupings leads to the transformation of the innovation capacity of the member country and the formation of the innovation capacity of the international integration associations. As a result of the study, it was noted that today there is no single methodology for measuring innovative capacity. As part of the innovation capacity research of the European Union member states, the most prominent and frequently used method for measuring the innovation capacity of the country amongst of global economy, namely the global innovation index, is considered. The aim of this article is to compare the positions of the innovative capacity of the member states of the European Union and to study how the integration and disintegration processes in the European Union affect the innovation capacity of participants and, in the prospect, develop a methodology for ranking the innovation capacity of interstate integration associations. The positions of the innovation capacity in the global economy of the European Union member states are analyzed according to the global innovation index. It has been established that five member countries of the European Union are in the top 10 most innovative economies in the world economy. The innovation capacity index of the European Union 2020 is proposed to be calculated and was calculated. It is noted that albeit the ratings do not give any propositions, but only actually determine the state, however, with their assistance it is possible to carry out adequate monitoring, analysis, forecast of activation and measurement of innovation leadership of all economic and innovative entities of the global economy. It has been proved that methodological approaches to measuring the innovation capacity of the subjects of the global economy ought to be improved furthermore ratings should be developed not only in the context of countries, but of international integration associations as well.

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