Chapter 4. How to upgrade the status of migrant languages in the European Union

2022 ◽  
pp. 68-86
Author(s):  
Christopher Houtkamp ◽  
László Marácz
Keyword(s):  
European Union ◽  
The European Union ◽  
The Status

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

scholarly journals Den Stier das Tanzen lehren?

2012 ◽  
Vol 42 (168) ◽  
Author(s):  
Andreas Fisahn
Keyword(s):  
European Union ◽  
Financial Market ◽  
Debt Crisis ◽  
Social Benefits ◽  
The European Union ◽  
German Government ◽  
Capital Movements ◽  
Authoritarian State ◽  
The Status ◽  
The Eu

The crisis of the European Union cannot be solved by austerity programs. Therefore a closer look at the reasons of the crisis seems to be reasonable, which includes a description of the development of the EU from 1951 to present times. The Union started as a tariff union and evolved through different steps to an order of competitive states. The main fields of competition between the states are taxes and social costs, which leads to tax dumping and a race to the bottom in social benefits. Starting in 1990 the EU achieved the status of an open financial market, with the duty of deregulation of capital movements being stipulated in Treaties. In the end the problem is not a debt crisis but a crisis of the structure of the European Union. The solution – which especially the German government prefers – may be the first step on the way to an authoritarian state.

scholarly journals Ukraine: The Main Political Results of the Year

2021 ◽  
pp. 43-60
Author(s):  
E. Tsedilina
Keyword(s):  
European Union ◽  
Energy Resources ◽  
Political Crisis ◽  
The European Union ◽  
Outer Contour ◽  
Full Member ◽  
Parliamentary Elections ◽  
The Status ◽  
Nord Stream ◽  
Military Development

In 2021 in Ukraine as a result of several objective reasons prerequisites were formed for a serious internal political crisis. Problems related to the shortage of energy resources may become a catalyst for negative processes in the economy and politics which will most likely lead to early parliamentary elections. In the south-east of the country, the Ukrainian leadership is deliberately escalating the conflict, which may lead to the resumption of active hostilities in the region. On the outer contour, Kiev’s Western partners continued a military development of Ukrainian territory, although they are still in no hurry to grant Ukraine the status of a full member of NATO. There have also been no changes in the country's relations with the European Union. Fearing the undesirable consequences of the launch of the Nord Stream 2, Kiev continued to actively fight for the preservation of gas transit through its GTS.

scholarly journals Are traditional minority languages a bench marking for the rights of migrant languages in the European Union?

2018 ◽  
Vol 30 (4) ◽  
pp. 40-60
Author(s):  
Christopher Houtkamp ◽  
László Marácz
Keyword(s):  
European Union ◽  
Linguistic Diversity ◽  
Comparative Approach ◽  
Minority Languages ◽  
Language Rights ◽  
The European Union ◽  
Member States ◽  
Linguistic Rights ◽  
The Status ◽  
The One

In this paper a normative position will be defended. We will argue that minimal territorial minority language rights formulated in terms of the personality principle referring to traditional minority languages granted in the framework of the European Union (EU) are a benchmark for non-territorial linguistic rights. Although territorial minority languages should be granted collective rights this is in large parts of Europe not the case. Especially in the Central and Eastern European Member States language rights granted to territorial languages are assigned on the basis of personal language rights. Our argumentation will be elaborated on the basis of a comparative approach discussing the status of a traditional territorial language in Romania, more in particular Hungarian spoken in the Szeklerland area with the one of migrant languages in the Netherlands, more in particular Turkish. In accordance with the language hierarchy implying that territorial languages have a higher status than non-territorial languages both in the EUs and Member States’ language regimes nonterritorial linguistic rights will be realized as personal rights in the first place. Hence, the use of non-territorial minority languages is conditioned much as the use of territorial minority languages in the national Member States. So, the best possible scenario for mobile minority languages is to be recognized as a personal right and receive full support from the states where they are spoken. It is true that learning the host language would make inclusion of migrant language speakers into the host society smoother and securing a better position on the labour market. This should however be done without striving for full assimilation of the speakers of migrant languages for this would violate the linguistic rights of migrants to speak and cultivate one’s own heritage language, violate the EUs linguistic diversity policy, and is against the advantages provided by linguistic capital in the sense of BOURDIEU (1991).

scholarly journals The Plight of Women in Positions of Corporate Leadership in the United States, the European Union, and Japan: Differing Laws and Cultures, Similar Issues

2020 ◽  
pp. 279
Author(s):  
Bettina Binder ◽  
Terry Morehead Dworkin ◽  
Niculina Nae ◽  
Cindy Schipani ◽  
Irina Averianova
Keyword(s):  
United States ◽  
European Union ◽  
Gender Gap ◽  
Gender Discrimination ◽  
Gender Diversity ◽  
The United States ◽  
Economic Benefits ◽  
Corporate Boards ◽  
The European Union ◽  
The Status

Gender diversity in corporate governance is a highly debated issue worldwide. National campaigns such as “2020 Women on Boards” in the United States and “Women on the Board Pledge for Europe” are examples of just two initiatives aimed at increasing female representation in the corporate boardroom. Several European countries have adopted board quotas as a means toward achieving gender diversity. Japan has passed an Act on Promotion of Women’s Participation and Advancement in the Workplace to lay a foundation for establishing targets for promoting women. This Article examines the status of women in positions of leadership in the United States, several major countries in the European Union, and Japan. We focus on the legal backdrop in each jurisdiction regarding gender discrimination and studies tending to demonstrate the economic benefits of gender diversity. We conclude that although important steps have been taken in the direction of narrowing the gender gap in all jurisdictions examined, progress has been slow and difficult across the board. The issue of too few women at the top will not be resolved until there is a wider acceptance that female leaders can benefit their organizations and contribute to social and economic progress. Moreover, the presence of women on corporate boards is valuable in and of itself and the status quo ought to be further challenged in international business.

scholarly journals Approximation of customers’ rights institution concerning retail purchase-sale to the European Union provisions

2020 ◽  
pp. 452-457
Author(s):  
Danylo Demchenko
Keyword(s):  
European Union ◽  
The European Union ◽  
Complete Understanding ◽  
Independent State ◽  
Association Agreement ◽  
Rights Protection ◽  
Consumer Rights ◽  
The Status ◽  
The Subject ◽  
Official Evaluation

In the article the meaning of the customer rights protection is researched regarding the minor purchase and sale, as a fundamentalfor the capitalist economy. Separately, it is noted that the adoption of the law “on consumer rights protection” was one of the first when Ukraine received the status of an independent state and fixed the basic principle of consumer rights protection in Part 2 of Article 50of the Constitution of Ukraine. The importance of the association agreement between Ukraine and the European Union for updating theappropriate level of attention to consumer protection is considered. The Annex XXXIX to the 20 agreement regarding association isdefined, being fundamental for the purposes of the research, in which 15 provisions that concern the subject of the research are outlined.The special attention is devoted to the results that were already accomplished, even without the use of systematic approach by the legalauthorities. Three main spheres are found out, which will undergo swift development, as a consequence of continuation of work onapproximation of Ukrainian legislation to the European sample. Each of the streams is processed specifically and in detail. The optionsof future implementation are provided in the process of analysis. For a more complete understanding, separate statistical analysis wasmade. Special attention is paid to problematic issues that do not allow the executive authorities to approach the legislation with thehigher intensity and more effectively. The author’s vision of the Conception of the governmental policy in the sphere of customer’srights protection for the 2020 period is laid out. The critical remarks are being made regarding the inactivity of the executive authoritiesin attraction of European Committee for the official evaluation of the appropriateness of the Ukrainian legislation to the provisions ofthe European Union. Based on the analysis, the methodological concepts of transformation of the institution of the consumer rights protectionin the Ukrainian legislation are worked out.

Diplomatic service of the European Union

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Ivan Yakovyuk ◽  
Victoria Dyadyk
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
External Action ◽  
The Body ◽  
Main Body ◽  
The European Union ◽  
European Union Law ◽  
The World ◽  
The Status ◽  
European Diplomacy

Problem setting. Today the European Union interacts with the whole world and represents the interests and values of the European community far beyond one continent. Carrying out such activities provides for the existence of effective institutions for its implementation, which today are the European External Action Service and the European Uniondelegations around the world. It significantly differs from the classical manifestations of diplomacy, which determines the relevance of research into the establishment and development of the European Union diplomatic service. Moreover, understanding the process of formation and features of European Union diplomacy is interesting for domestic researchers of European Union law given the pro-European aspirations of Ukraine. Analysis of recent researches and publications. Certain aspects of this topic have been studied by suchdomesticscientistsas F. Baranovsky, M. Hnatyuk, O. Grinenko, O. Gladenko, M. Entin, O. Opanasyuk-Radlinska, E. Ryaboshtan, D. Tkachenko, O. Turchenko, Y.Sergienko, V. Streltsova, G. Utko, O. Fisun, V. Tsivaty, V. Shamraeva, O. Shapovalova, etc. Target of research is to research the basic preconditions and features of the establishment and development of the European Union diplomatic service and its functioning in today’s conditions. Article’s main body. The article is devoted to the study of the main prerequisites and features of the establishment and development of the diplomatic service of the European Union. The authors paid attention to the coverage of the status, competence and procedure for sending the first representations of the Communities abroad, in particular the delegations of the European Commission. The changes made by the Maastricht, Amsterdam and Lisbon treaties on foreign policy are analyzed as well. All the reforms implemented by these treaties were aimed primarily at making the European Union more effective and coordinated in the international arena, and finally resolved the issue of the institutionalization of the body that deals with the European Union diplomatic service. So now it has the status of the European External Action Service and successfully performs its functions in the current conditions. Conclusions and prospects for the development. The modern European Union diplomatic service is the result of a long process of formalization and institutionalization of a whole set of its foreign policy bodies. The development of the European Union representation system shows that the spread of its representative activities has become global, as well as the dynamic transformation of the content of its goals to interact with the world in order to implement its foreign policy. However, despite the current and rapid dynamics of development and evolution of this institution, the question remains whether the European External Action Service is the final option for the external design of the European Union diplomatic service, or whether it will be another step in the process of building pan-European diplomacy.

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