Irregular Migration by Sea: Interception and Rescue Interventions in Light of International Law and the EU Sea Borders Regulation

2019 ◽  
Vol 21 (1) ◽  
pp. 26-52 ◽  
Author(s):  
Enkelejda Koka ◽  
Denard Veshi
Keyword(s):  
Legal Framework ◽  
Search And Rescue ◽  
International Convention ◽  
Eu Member States ◽  
Irregular Migrants ◽  
Syrian Civil War ◽  
Legal Frameworks ◽  
Maritime Search And Rescue ◽  
Of Greece ◽  
The Eu

Abstract Since 2011, due to the Syrian civil war, Libya’s institutional breakdown and Eritrea’s political unrest, record high numbers of irregular migrants have been arriving at the EU’s south-eastern external borders, publicly known as the ‘Europe’s refugee crisis’. The most pressurised borders have been those of Greece and Italy. The human smuggler’s ‘organised refugee’ strategy has identified various legal issues resulting from the application of parallel legal frameworks both at regional and at international level. The EU Member States’ policy-making response to human smuggling has created loopholes through conflicting interpretations of the international legal framework on search and rescue and the inconsistent application of human rights law. Hence, this article will argue that although the International Convention on Maritime Search and Rescue (SAR) and the EU Sea Borders Regulation purportedly adopted to set out clear rules on when to initiate search and rescue, have not addressed the issue of responsibility for and the consequences of failed rescue scenarios by inactive SAR States; thereby creating a gap in the legal framework on State responsibility for negligent or intentional failed rescues.

Disaster Strikes: Regulatory Barriers to the Effective Delivery of International Disaster Assistance within the EU

2011 ◽  
Vol 2 (1) ◽  
pp. 53-83 ◽  
Author(s):  
Sarah Williams ◽  
Justine N. Stefanelli
Keyword(s):  
Member State ◽  
Natural Disasters ◽  
Quality Standards ◽  
Legal Framework ◽  
The European Union ◽  
International Assistance ◽  
Eu Member States ◽  
Disaster Assistance ◽  
Legal Frameworks ◽  
The Eu

AbstractThis article considers the European Union's legal framework and its ability to facilitate – or hinder – international assistance for natural disasters occurring within the European Union. At a time when the frequency and severity of natural disasters in the EU appears to be increasing, and when it is more likely that affected EU Member States are required to seek assistance from outside their borders, or even outside the EU, it is important to ensure that international assistance is able to reach its intended target. Member State domestic legal frameworks may delay, obstruct or prevent international assistance from reaching those in need, often due to a failure to consider the special situation of disasters when drafting, interpreting and applying legislative regimes. For example, immigration, customs, food and transport laws may not contain sufficient exemptions for emergency personnel, materials and goods, and domestic licensing requirements and quality standards may prevent a nation from accepting assistance. At the same time, there is a need to ensure that any assistance accepted by an affected Member State is subject to appropriate quality standards without unduly impeding the delivery of assistance.

Front-of-pack nutrition labelling in the European Union: a behavioural, legal and political analysis

2021 ◽  
pp. 1-24
Author(s):  
Vincent DELHOMME
Keyword(s):  
European Union ◽  
Dietary Habits ◽  
Legal Framework ◽  
The European Union ◽  
Present Contribution ◽  
Eu Member States ◽  
Nutrition Labelling ◽  
Political Analysis ◽  
Legislative Proposal ◽  
The Eu

Amidst a growing interest from European Union (EU) Member States, the European Commission recently announced that it would put forward a legislative proposal for the adoption of a harmonised and mandatory front-of-pack nutrition labelling scheme at the EU level. The present contribution discusses the implications of such an adoption, taking a behavioural, legal and policy angle. It introduces first the concept of front-of-pack nutrition labelling and the existing evidence regarding its effects on consumer behaviour and dietary habits. It then presents the legal framework currently applicable to (front-of-pack) nutrition labelling in the EU and discusses some of the main political and practical aspects involved with the development of a common EU front-of-pack label.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

5. The legal framework

2021 ◽  
pp. 48-54
Author(s):  
Ariel Ezrachi
Keyword(s):  
Mergers And Acquisitions ◽  
Competition Law ◽  
Legal Framework ◽  
Monopoly Power ◽  
Antitrust Law ◽  
Eu Member States ◽  
Eu Competition Law ◽  
The Us ◽  
Restraint Of Trade ◽  
The Eu

‘The legal framework’ outlines the key competition provisions currently in the US and EU. Like in most other jurisdictions, EU and US laws include competition provisions that are used to address antitrust violations such as anti-competitive agreements or abuse of monopoly power. They also include laws dealing with proposed mergers and acquisitions. The US Antitrust Law prohibits contracts and agreements between two or more individuals or entities in restraint of trade or commerce. Meanwhile, EU competition law prohibits agreements between ‘undertakings’ that have, as their object or effect, the prevention, restriction, or distortion of competition, and affect trade between the EU member states.

Selected aspects of modelling the system on the example of search and rescue service

2018 ◽  
Vol 120 ◽  
pp. 39-48
Author(s):  
Norbert Chamier-Gliszczyński ◽  
Jerzy Fiuk
Keyword(s):  
Search And Rescue ◽  
Operating Costs ◽  
System Model ◽  
Time Of Arrival ◽  
International Convention ◽  
Rescue Service ◽  
Full Analysis ◽  
Maritime Search And Rescue

The article is an attempt to present the aspect of modelling the system on the example of air maritime rescue interpreted as SAR service (Search and Rescue). The necessity and need for the existence of the SAR service results from the International Convention on Maritime Search and Rescue signed by Poland. An important element of the structure of the SAR service are its individual elements (eg. location of air bases, etc.). The time of arrival in places far away from the currently existing SAR air service bases is so significant that it may cause the failure of the action. The question arises whether increasing the number of airbases gives a chance to reduce the system's operating costs, increase its efficiency and thereby raise the level of safety at sea and in the area of responsibility of the SAR service. For the full analysis of the functioning of the SAR service it is necessary to undertake optimization studies. Due to the complexity of the SAR service, it should be considered in systemic categories. Authors interpreting aviation SAR service in the form of a system whose mapping is the SAR system model undertakes research aimed at optimizing the operation of this service.

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

International Cooperation in Combating Human Trafficking in the EU: Evidence from Turkey

2012 ◽  
Vol 20 (1) ◽  
pp. 39-64 ◽  
Author(s):  
Gönül Oğuz
Keyword(s):  
National Security ◽  
Human Trafficking ◽  
International Cooperation ◽  
Organised Crime ◽  
Human Smuggling ◽  
Human Beings ◽  
Member States ◽  
Eu Member States ◽  
Irregular Migrants ◽  
The Eu

Human trafficking lies at the heart of international organised crime. It is concerned with profits in terms of the exploitation of human beings. It is an abuse of basic rights. The enormous interest and concern for trafficking and human struggling is factual evidence. In the EU, policy on irregular migration is driven by the perception that the member states risk being overwhelmed by large numbers of irregular migrants thought to constitute a threat to national security. This has implications for policy measures designed to combat trafficking and human smuggling, which may not work without international cooperation. In most cases, victims are brought to the EU member states from abroad. This creates a demand for international obligations for cooperation and related instruments for combating human smuggling and trafficking. Therefore, the member states and their law enforcement agencies cannot tackle human trafficking alone. A question arises as to whether Turkey can be a vital partner, based on the facts that it is a transit country, with a strong border and assuming that it has a role to play, through its expertise and its commitment to dealing with the effects of trafficking. Unfortunately, these facts are still overlooked, while disproportionately intensive efforts are expended on dealing with questions of national security by the member states. Combating illegal immigration and reducing and controlling migration are frequently seen through the magnifying glass of the struggle against human trafficking. This article focuses on the international factors involved and how the wider international community might be able to play an effective role in helping to tackle human trafficking. It argues that continued coordination and collaboration across the countries is vital. The article reviews the empirical evidence from Turkey, as non-EU/candidate countries' cooperation and assistance in human trafficking may have an important dimension.

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