Comparison, Translation and the Making of a Common European Constitutional Culture

2008 ◽  
Vol 9 (5) ◽  
pp. 547-574 ◽  
Author(s):  
Alberto Vespaziani
Keyword(s):  
European Integration ◽  
Constitutional Law ◽  
Economic Globalization ◽  
The State ◽  
European Law ◽  
Methodological Nationalism ◽  
Constitutional Culture

European integration has forced constitutional law scholars to abandon the perspective of methodological nationalism. Prior to the emergence of the interpretative problems raised by the intersection of domestic and European law, the dominant legal paradigm conceived of “constitution” and “state” as two inseparable terms. With the intensification of European integration and economic globalization, many different constitutionalist interpretations have emerged which all share a belief in the State's loss of centrality, such as post-, supra- and transnational constitutionalism, constitutionalism without the state and multilevel constitutionalism.

FISCAL ROLE OF EXCISE TAX ON EXCISE GOODS MANUFACTURED IN UKRAINE IN CONDITIONS OF CONSTANT CHANGES IN TAX LEGISLATION AND PANDEMIC COVID-19

2017 ◽  
Author(s):  
Natalia Rudenko ◽  
◽  
Tatiana Tuchak ◽  
Keyword(s):  
European Integration ◽  
Economic Crisis ◽  
The State ◽  
Excise Tax ◽  
Tax Revenues ◽  
Tax Legislation ◽  
Economic Stagnation ◽  
Legislative Framework ◽  
Main Factors

The article analyzes the fiscal role of the excise tax on excisable goods (products) produced in Ukraine in the context of permanent changes in the tax legislative framework and within the framework of the global crisis through the coronavirus disease COVID-19. The concept of excise tax has been substantiated, a list of excisable products (goods) has been provided in accordance with legislative acts, the payers of this tax have been specified. The most important events and transactions that influenced the amount of tax revenues from excise tax are investigated. The authors believe that the main reason for the changes in the administration process and the receipt of the excise tax are the European integration transformations and the conditions of the global socio-economic crisis. Based on the difficult economic situation in the state, some legislative acts regulating the collection of excise tax from excisable products produced in the country were considered. It was revealed that a moratorium on the payment of excise tax was imposed on the territory of the studied state for a certain period. This event made its own adjustments to the proceeds from the payment of excise tax on excisable products (goods) produced domestically, and also allowed domestic producers to move from the place of economic stagnation. In Ukraine, they began to actively manufacture and sell antiseptic and disinfectants of their own production to protect citizens. According to the data of the State Treasury Service of Ukraine, the authors analyzed the indicators of tax revenues for each type of excisable products (goods) of domestic production. It was revealed from which products more tax was received during the study period. The main factors that influenced the receipts of excise tax from excisable goods produced on the territory of Ukraine in the period of 2019, as well as for 9 months of 2020, have been determined.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

DIRECTIONS OF TRANSFORMATION OF STATE POLICY IN THE CONTEXT OF THE NEED FOR SECTORAL INTEGRATION OF UKRAINE IN THE BRANCHES AND SPHERES OF THE EUROPEAN UNION

2021 ◽  
Author(s):  
Maistro S. ◽  
Kropyvnytskyi V. ◽  
Krykhtina Yu. ◽  
Treskov A.
Keyword(s):  
European Union ◽  
European Integration ◽  
State Policy ◽  
The State ◽  
The European Union ◽  
Association Agreement

The article describes the peculiarities of the formation and implementation of state policy for the development of various branches and spheres in the context of European integration of Ukraine. The degree of effectiveness of the Association Agreement between Ukraine and the European Union in various branches and spheres has been determined. The problematic aspects and contradictions of the state policy of development of various branches and spheres in the context of the implementation of the Association Agreement are highlighted. The ways of transformation of the state policy of development of various branches and spheres in the conditions of European integration of Ukraine are determined.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

scholarly journals Los procesos secesionistas y el derecho europeo

2016 ◽  
pp. 347
Author(s):  
Javier Tajadura Tejada
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Constitutional Law ◽  
The Political ◽  
European Law ◽  
The European Union ◽  
European Citizenship ◽  
Regional Authorities

Este artículo analiza en primer lugar el significado de la secesión en el Derecho Internacional y en el Derecho Constitucional. Asimismo, examina cómo se aborda el fenómeno de la secesión en el Derecho comunitario europeo. Esto obliga a estudiar dos tipos de problemas: por un lado, el de la secesión de un Estado miembro respecto de la propia Unión; por otro, el de la fragmentación de un Estado miembro por la secesión de una parte de su territorio. La conclusión es que la conservación o fragmentación de un Estado miembro de la Unión Europea no es un asunto interno: la secesión de partes de un territorio afecta al sistema político europeo en su conjunto, en la medida en que es una forma de integración federal donde no caben actos unilaterales que quebranten el principio de lealtad federal de la Unión y la ciudadanía europea que ha ido conformándose en las últimas décadas.This article analyzes the meaning of secession in international and constitutional law. It also examines the phenomenon of secession in European law. This requires studying two types of problems: the secession of a member state of the European Union and the fragmentation of a Member State for the secession of part of its territory. The conclusion is that conservation or fragmentation of a Member State of the European Union is not an internal matter. In our opinión, the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.

Globalization and the death of liberal democracy

1998 ◽  
Vol 6 (2) ◽  
pp. 249-263 ◽  
Author(s):  
Paul Cammack
Keyword(s):  
South Africa ◽  
Liberal Democracy ◽  
Third World ◽  
Economic Globalization ◽  
Economic Liberalization ◽  
The State ◽  
The West ◽  
The Third ◽  
The Third World

It is doubtful as to whether the countries of the Third World are likely to move to the kind of liberal democracy that is regarded as characteristic of the West. In particular, parties are often remaining ‘parties of the State’ and not organizations truly competing with each other. This is in part a consequence of economic globalization, as the requirements of global economic liberalization do not fit with the requirements of democracy. In such a context, clientelism around the State may be inevitable and it contributes to ensuring that the main party in the country, and indeed all parties become ‘parties of the State’, as is the case in Mexico or Malaysia and perhaps in the Ukraine and South Africa. Thus, globalization does not mean the end of the State, but possibly the end of liberal democracy.

scholarly journals Encuesta sobre nación y supranacionalidad

2021 ◽  
pp. 15
Author(s):  
Benito Aláez Corral ◽  
Paloma Biglino Campos ◽  
Roberto Blanco Valdés ◽  
Josep M.ª Castella Andreu ◽  
Alberto López Basaguren ◽  
...  
Keyword(s):  
European Integration ◽  
Constitutional Law ◽  
Historical Evolution ◽  
Integration Process ◽  
Nationalist Movements ◽  
Spanish Constitution ◽  
Law Professors

En esta encuesta un grupo de profesores de Derecho Constitucional contestan un conjunto de preguntas sobre el concepto de nación, el papel que ha desempeñado tal concepto en el desarrollo histórico del constitucionalismo y en el desarrollo de los movimientos nacionalistas, y la relación actual que mantiene con la idea de constitución; sobre el significado del término «nación» en la constitución española, y el del término «nacionalidades»; y, finalmente, sobre la idea de supranacionalidad que define el proceso de integración europea y su relación con el concepto de nación.In this academic survey a group of Constitutional Law Professors answer some questions about the concept of nation, its role in the historical evolution of constitutionalism and of nationalist movements, and its relation nowadays with the idea of constitution; about the meaning of the term «nation» in the Spanish constitution and of the term «nationalities»; and finally about the idea of supranationality that defines the European integration process and its relationship with the concept of nation.

scholarly journals THE INFLUENCE OF EUROPEAN INTEGRATION ON THE DEVELOPMENT OF ECOLOGICAL BUSINESS IN UKRAINE

2017 ◽  
pp. 100-104
Author(s):  
Iryna Skorokhod ◽  
Lyudmyla Hrynchuk
Keyword(s):  
European Integration ◽  
Systematic Approach ◽  
The State ◽  
Eu Countries ◽  
Goods And Services ◽  
The Status ◽  
Factors Of Influence ◽  
The Impact ◽  
Further Development ◽  
The Eu

Introduction. The article deals the impact of European integration on the development of ecological business in Ukraine. The Association of Ukraine and the EU implies adaptation and reforms not only in economy, but also in others areas, including ecology. The factors of influence and their consequences on the development of environmental business in the state are investigated. The main obstacles for using the experience of the EU countries are highlighted. Prospects of further using of "green enterprise" methods in Ukraine are considered. Purpose. The aim of the article is to reveal the essence, forms, stages of formation and innovative forms of the ecological business; to analyze the experience of ecological business and its regulation in the EU countries; to characterize the status and the impact of European integration on ecological business in Ukraine. Method (methodology). Methods of analogy and comparison are used in the study of problematic aspects of Ukraine and the EU in the field of ecology. Statistical methods are used for analyzing the dynamics of indicators of the development of ecological business in the state. Systematic approach is used for explaining strategic guidelines and identifying further promising ways for the development of ecological business in Ukraine. Results. The main aspects of cooperation between Ukraine and the EU have been analyzed. The main directions of further development of common cooperation have been singled out. The proposals of improving the position of Ukrainian eco-goods and services on the European market have been substantiated.

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