scholarly journals Legal Migration in the Relationship between the European Union and ACP Countries: The Absence of a True Global Approach Continues

2011 ◽  
Vol 13 (1) ◽  
pp. 53-94 ◽  
Author(s):  
Purdey Devisscher
Keyword(s):  
European Union ◽  
Developing Countries ◽  
Legal Framework ◽  
Point Of View ◽  
Positive Contribution ◽  
The European Union ◽  
Global Approach ◽  
Policy Frameworks ◽  
Economic Partnership ◽  
The Relationship

AbstractFor a long time, the relationship between the European Union (EU) and the African, Caribbean and Pacific Group of States (ACP) was characterized by the focus on trade issues. In recent years however, other policy aspects have emerged, amongst which migration. This evolution results from the gradual recognition of the importance of migration in the Union’s external relations. The mainstreaming of migration in the relations with third countries raised the need for a Global Approach to Migration (2005) connecting illegal and legal migration, as well as introducing a positive migration-development nexus. The acknowledgement of a possible positive contribution of legal migration ‐ if well managed ‐ for developing countries, has resulted into new concrete initiatives such as circular migration, mobility partnerships and the Blue Card Directive. A closer look at the policy frameworks, as well as specific measures demonstrate however, that a true comprehensive approach is a long way from home. It is examined if the specific EU-ACP relationship offers a different point of view and effectively makes migration work for the development of both parties. More specifically, do the Economic Partnership Agreements (EPAs) correspond to the abovementioned goal? A comprehensive and coherent legal framework that unites the interests of the Union and its Member States, on the one hand, and those of the developing countries, on the other hand, seems a distant perspective. It is concluded that ambitious policy objectives have been set and are waiting to be addressed by corresponding policy frameworks and legal commitments.

Safe Country Provisions in Canada and in the European Union: A Critical Assessment

1997 ◽  
Vol 31 (3) ◽  
pp. 569-590 ◽  
Author(s):  
Nazaré Albuquerque Abell
Keyword(s):  
United States ◽  
European Union ◽  
Geneva Convention ◽  
The United States ◽  
Legal Framework ◽  
Critical Assessment ◽  
Point Of View ◽  
The European Union ◽  
Refugee Status ◽  
Legal Constraints

This article analyzes the international legal framework that surrounds the issue of safe third country (STC) in the European Union and in Canada. The argument put forward is that Canada is not immune to the developments in the European Union and that Canada's immigration policies towards refugees have changed accordingly. My position is that the Canadian model respects the legal constraints which govern the acceptability of mechanisms to apportion responsibility to examine a claim to refugee status, in particular the Canadian Charter of Rights and Freedoms. By testing the international legal viability of both the European and the Canadian system of safe third country against Articles 31 and 33 of the Geneva Convention and Executive Committee Conclusion No. 58 and Conclusion No. 15, and by addressing the draft Memorandum of Understanding between Canada and the United States and comparing it with some of the readmission agreements between the European Union and some third states, the article concludes that the Canadian STC model is preferable to that in Europe from both a legal and a humane point of view.

Performance of Obligations as the Basis of Jurisdiction and Choice of Law (Lugano and Brussels Conventions Article 5(1) and Rome Convention Article 4)

1999 ◽  
Vol 68 (4) ◽  
pp. 379-396 ◽  
Author(s):  
Keyword(s):  
European Union ◽  
Point Of View ◽  
Brussels Convention ◽  
The European Union ◽  
Choice Of Law ◽  
Rome Convention ◽  
The Law ◽  
Contractual Obligations ◽  
Article 5 ◽  
The Relationship

AbstractWhen a dispute arises in connection with an international contract, it is necessary to clarify two matters: (i) the courts of which country are competent to decide on the dispute, and (ii) the law of which country applies to the merits of the dispute. Within the European Union, these matters are clarified, respectively, by the Brussels Convention on (i.a.) jurisdiction and by the Rome Convention on the law applicable to contractual obligations. The scope of application of the Brussels Convention is extended also to cover the EFTA Countries, through the Lugano Convention. The scope of the Rome Convention, on the contrary, does not reach beyond the European Union. This imbalance in the relationship between choice of forum and choice of law is particularly noticeable in Norway, which does not have a codified system of choice of law rules. The relationship between choice of forum rules and choice of law rules is highlighted in this article from the point of view of a specific connecting factor: the performance of the disputed obligation.

scholarly journals The Relationship Between the Charter and General Principles: Looking Back and Looking Forward

2020 ◽  
pp. 1-25
Author(s):  
Emily HANCOX
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Rights Protection ◽  
Transformative Potential ◽  
The Relationship ◽  
The Eu

Abstract Article 6 Treaty on European Union sets out two sources of fundamental rights in the EU—the Charter and the general principles of EU law—without specifying a hierarchy between them. Even though the Charter became binding over a decade ago, the Court of Justice of the European Union (‘CJEU’) is yet to clarify unequivocally how these two sources interact. In this article I argue based upon the relevant legal framework that the Charter ought to replace the general principles it enshrines. This leaves a role for general principles in the incorporation of new and additional rights into the EU legal framework. Such an approach is necessary to ensure that the Charter achieves its aims in enhancing the visibility of the rights protected by EU law, while also providing the impetus for more coherent rights protection within the EU. What an extensive survey of CJEU case law in the field of non-discrimination shows, however, is that the CJEU has struggled to let its general principles case law go, potentially hampering the transformative potential of the Charter.

scholarly journals Post-normal times: re-thinking the futures of the EU-Africa relationship

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Robin Bourgeois ◽  
Frank Mattheis ◽  
John Kotsopoulos
Keyword(s):  
European Union ◽  
Influential Factors ◽  
Point Of View ◽  
The European Union ◽  
Related Factors ◽  
The Past ◽  
The Future ◽  
The Relationship ◽  
The Eu

Abstract The nature of the relationship between the European Union (EU) and Africa is in permanent evolution. Historically, the EU mostly dominated the relationship while Africa developed adaptive/reactive strategies. With the establishment of new powers as well as efforts to decolonise the thought and practise of North-South interactions, it is crucial to understand what the future of the relationship could be. The purpose of this paper is to draw lessons from the “Broadening the debate on EU-Africa relations” workshop whose aim was to advance perspectives on EU-Africa relations from the point of view of African scholars. The process consisted of identifying major influential factors in the relationship and assessing what role they played in the past and what role they could play in the future. The results indicate a decline of the importance of EU-dominated factors and the emergence of African agency related factors. We interpret these results as a transformation of this relationship, using the concept “post-normal” to highlight indeterminacy, insolvability and irreversibility as the new context. Implications are discussed regarding the type of research that needs to be developed in order to further investigate this transformation, particularly the meaning of a shifting focus from (normal times) EU-Africa relationship to (post-normal times) Africa-EU relationships.

scholarly journals The Responsibility of European Archaeologists

2019 ◽  
Vol 22 (2) ◽  
pp. 255-268 ◽  
Author(s):  
Cătălin Nicolae Popa
Keyword(s):  
European Union ◽  
The Political ◽  
European Identity ◽  
Positive Contribution ◽  
The European Union ◽  
Far Right ◽  
Political Dimension ◽  
The Past ◽  
The Relationship ◽  
Deep Crisis

ABSTRACTIn this article I address the relationship between European archaeologists and the European Union and argue that the dominant attitude of non-involvement that archaeologists have embraced over the past decades cannot be justified given recent political developments. The European project finds itself in a state of deep crisis, under siege from populist and far-right leaders within and around Europe. We cannot afford to watch from the sidelines when the future of hundreds of millions of people is at stake. As archaeologists we can make a positive contribution by harnessing the political dimension of our work, which we need to stop seeing in a negative light. We should deploy the past to help tackle the challenges of our society. European archaeologists should particularly focus on developing grand narratives of a shared past in Europe, to act as a foundation for a European identity.

scholarly journals DEVELOPMENT OF THE PERSONAL DATA PROTECTION FRAMEWORK – WILL THE PANDEMIC BRING NEW CHANGES?

2021 ◽  
Vol 12 ◽  
pp. 59-66
Author(s):  
Marta Mackeviča ◽  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Point Of View ◽  
The European Union ◽  
Personal Privacy ◽  
General Data Protection Regulation ◽  
Complex Concept ◽  
Personal Data Protection

The General Data Protection Regulation (hereinafter – the Regulation), which entered into force on 25 May 2018 and introduced a new legal framework for the protection of personal data in the European Union, also included a number of new rights, more precise definitions and improvements in the field of personal data protection. The three‐year period has shown that the Regulation has successfully replaced Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement ofsuch data, but the Covid‐19 pandemic posed the question: does the Regulation sufficiently define and explain how controllers should deal with the processing of sensitive data, or in situations where employees of companies and institutions work remotely? Data protection is a complex concept that can be analyzed from both a legal and a social point of view. Traditionally, data protection has been referred to as the protection of personal privacy in the context of processes involving the use of personal data. Prior to the implementation of the Regulation, the existing rules on the protection of personal data in the European Union were not sufficiently uniform and were implemented differently in each Member State. It contributed to the development and implementation of the Regulation, in the hope that it would modernize and promote a common data protection regime, while maintaining all the basic principles of data protection that have been followed so far. Prior to the pandemic, the Regulation successfully achieved its original objectives, but hasthe pandemic necessitated a revision of the Regulation? This article will analyze the development of the legal framework for the protection of personal data and analyze the compliance of the Regulation with the requirements arising from the effects of the pandemic.

scholarly journals Politicization and conflict in the relationship with the European Union: an analysis of Italian Prime Ministers' parliamentary speeches

2020 ◽  
pp. 1-24
Author(s):  
Eugenio Salvati
Keyword(s):  
European Union ◽  
Negative Attitude ◽  
Point Of View ◽  
The Political ◽  
Political Elites ◽  
The European Union ◽  
Sharp Criticism ◽  
First Time ◽  
The Relationship ◽  
The Eu

Abstract In recent years, the relationship between Italy and the European Union (EU) has worsened due to the emergence of an increasingly negative attitude towards the question of European integration. The growth in citizens' disaffection with, and hostility towards, the political elites is part of a more general trend witnessed throughout the EU. From this point of view, an understanding of whether, and in what way, the role of Prime Minister (PM) has been affected by this change of perspective, especially following the various crises affecting the EU in the last 10 years, would be worthwhile we believe. This article examines the political positions of all PM during the so-called Second Republic (1994–now), by means of a longitudinal content analysis. This analysis reveals that after 2008, and for the first time in the history of the Italy–EU relationship, PMs' speeches have included sharp criticism of the EU. In particular, two PMs (Renzi and Conte) have clearly rejected those conditionality mechanisms implied by the EU. The results of this study confirm the start of a phase of strong conflict/politicization in regard to the EU and its institutional functioning. This article contributes to the broader literature concerning the study of the relationship between political elites and the EU, by focusing for the first time not simply on party leaders but on one of the most important institutional roles in the Italian political system (the Presidenza del Consiglio).

E-Commerce and Distance Selling in the European Union

2020 ◽  
Vol 26 (2) ◽  
pp. 262-267
Author(s):  
Vanya Zhelyazkova
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Legal Framework ◽  
Modern World ◽  
The European Union ◽  
Commercial Activity ◽  
Policy Objectives ◽  
Distance Selling ◽  
Online Stores ◽  
The Relationship

AbstractThis article will cover issues related to the subject matter, parties and their rights and obligations when conducting e-commerce and distance selling within the European Union. E-commerce and distance sellingare particularly important within the EU, not only because there are sufficiently well-developed mechanisms to ensure the functioning of the internal market. E-commerce is distinguished as a separate segment in commercial activity. Nowadays the importance of E-commerce and distance selling grows every day. In this modern world of technology, e-commerce is becoming a very important option for many businesses as there are lots of companies that are interested in developing their online stores. Furthermore, in times of pandemics like COVID-19, E-commerce has proven to be significant. I describe different types of distance selling and consumer protection. The main policy objectives for consumer protection can be divided into three broad categories that correspond to different phases in the relationship between the operator and the user. One of the main roles for customer protection is the payment system who provides a way of transferring value between different parties in the economy and to facilitate transactions at minimal cost. The legal framework is presented with a focus on the tax effects of e-commerce in the European Union.

Determinants and barriers of PV self-consumption in Spain from the perception of the installers for the promotion of distributed energy systems

2020 ◽  
pp. 153-169
Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Legal Framework ◽  
Low Carbon ◽  
The European Union ◽  
Distributed Energy ◽  
Sustainable Solutions ◽  
Highly Sensitive ◽  
Transition Scenario

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.

Characteristics of international business development between ukraine and poland

2019 ◽  
pp. 28-35
Author(s):  
Viktoriia Makhovka ◽  
Olha Nesterenko
Keyword(s):  
European Union ◽  
Small Business ◽  
International Business ◽  
Legal Framework ◽  
Strategic Partnership ◽  
Economic Systems ◽  
The European Union ◽  
Doing Business ◽  
Modern Development ◽  
Trade And Investment

The essence of international business, its active development and expansion, that influence the integration of economic systems and intensification of business relations between countries, are considered. The attention is paid to the international market of the European Union, first of all to Polish-Ukrainian cooperation due to the modern development of international business. The importance of the development of trade and business between Ukraine and Poland is determined, taking into account close relations in the field of economy, politics, culture and historical connections. The legal framework between Ukraine and Poland is substantiated, which ensures the proper development of bilateral cooperation at the level of strategic partnership and emphasizes the presence of an active dialogue between countries. The main agreements between Ukraine and the European Union, which influence the economic cooperation between Ukraine and Poland, are considered, taking into account Polish membership in the EU. The implementation of special projects by the European Union to support the development of Polish-Ukrainian cooperation is determined. The increase of the intensity of economic exchange between Ukraine and Poland, the active development of trade and investment in various spheres of business and the growth of economic indicators are determined. The peculiarities of the development of the small business sector and its influence on the stabilization of socio-economic processes between European countries are substantiated, emphasizing Poland's experience in development of the small business as a driving force on the way to economic integration. The main aspects and characteristics of international business between Poland and Ukraine are determined and the main differences in doing business in these countries are revealed, emphasizing the perspectives of development.

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