Legal Aspects of EU Military Operations

2011 ◽  
Vol 15 (1-2) ◽  
pp. 218-242 ◽  
Author(s):  
Frederik Naert
Keyword(s):  
International Law ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Aspects ◽  
Eu Law ◽  
Military Operations ◽  
Legal Challenges ◽  
Defence Policy ◽  
Domestic Law ◽  
The Eu

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

Legal Challenges in Multinational Military Operations

2019 ◽  
pp. 393-405
Author(s):  
Jochen Katze ◽  
Maral Kashgar
Keyword(s):  
Legal Framework ◽  
Military Operations ◽  
Political Issues ◽  
Legal Challenges ◽  
Legal Regimes ◽  
Domestic Law ◽  
Court Practice

In multinational military operations, diverging domestic law and political issues are often dealt with by national caveats by the troop-contributing nations. The chapter analyses the pertinent NATO doctrine and practice concerning caveats and the legal challenges caused by conflicting legal cultures and constitutional arrangements. The authors explain the legal framework for such caveats, show how important they are for securing compliance with troop-contributing states’ domestic law, analyse recent court practice, explain how such caveats have impeded multinational military operations by limiting the flexibility of the multinational commander in deploying the forces, and argue for more harmonization in regard to the applicable legal regimes of such operations.

Conclusions

2020 ◽  
pp. 288-318
Author(s):  
J.F.R. Boddens Hosang
Keyword(s):  
International Law ◽  
Conceptual Model ◽  
Use Of Force ◽  
Legal Framework ◽  
Legal Aspects ◽  
Central Question ◽  
Military Operations ◽  
Applicable Law ◽  
Introductory Discussion

This study has sought to contribute to the communication between the academic analysis of the legal aspects of the use of force and the realm of pragmatic application of the rules on the use of force during the conduct of military operations, presenting the case for the need, indeed necessity, for both these realms to remain connected. This chapter presents a conceptual model of rules of engagement (ROE) on the basis of the constituent chapters of the book, drawing on the introductory discussion of the classic ROE model in Chapter 1. It re-examines the influence of political, operational, and legal considerations on ROE and describes the overall function of ROE in terms of applicable law and in the context of the international law of military operations. Drawing on the underlying conclusions from this study, the main questions discussed in the Introduction will be addressed in order to answer the central question: what is the function of ROE and derivative (or similar) rules on the use of force in the context of the legal framework governing the use of force during military operations.

scholarly journals The relationship between law, ratified agreement and the EU law in the light of the Polish Constitution and application of the EU law by public administration in Poland

2017 ◽  
Vol 15 (4) ◽  
pp. 85-99
Author(s):  
Marta Woźniak
Keyword(s):  
International Law ◽  
Public Administration ◽  
Administrative Law ◽  
Constitutional Court ◽  
Eu Law ◽  
The Public ◽  
The Republic ◽  
The Relationship ◽  
Domestic Law ◽  
The Eu

The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.

scholarly journals Lietuvos Respublikos geros valios kompensacijos už žydų religinių bendruomenių nekilnojamąjį turtą įstatymas tarptautinės ir Europos Sąjungos teisės kontekste

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 138-159
Author(s):  
Nika Bruskina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Religious Communities ◽  
Eu Law ◽  
State Institutions ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Domestic Law ◽  
The Eu

Straipsnyje analizuojami tarptautinės teisės, Europos Sąjungos (toliau – ES) teisės ir užsienio nacionalinės teisės šaltiniai, žydų nevyriausybinių organizacijų ir užsienio valstybės institucijų veiksmai, paskatinę Lietuvos Respublikos geros valios kompensacijos už žydų religinių bendruomenių nekilnojamąjį turtą įstatymo (toliau – Įstatymas) priėmimą. Taip pat Įstatymo nuostatų analizė pateikiama remiantis tarptautinės ir ES teisės šaltiniais, ypatingą dėmesį skiriant Jungtinių Tautų Žmogaus teisių komiteto (toliau – JT ŽTK), Europos žmogaus teisių teismo (toliau – EŽTT) ir ES Teisingumo Teismo (toliau – ES TT) praktikai. The Article deals with international law, European Union (hereinafter – EU) law and foreign domestic law sources, acts of Jewish nongovernmental organizations and foreign state institutions which have urged the adoption of the Law on Good Will Compensation for the Immovable Property of Jewish Religious Communities (hereinafter – the Law). Furthermore, invoking international law and EU law sources, paying particular attention to the practice of the United Nations Human Rights Committee, the European Court of Human Rights (hereinafter – ECtHR) and the Court of Justice of the EU, the analysis of the provisions of the Law is provided. 

scholarly journals Upcoming legal challenges for cross-border e-health services in the EU

2020 ◽  
pp. 86-97
Author(s):  
Rūta Janeckaitė
Keyword(s):  
Health Professionals ◽  
Legal Framework ◽  
Eu Law ◽  
Paper Briefly ◽  
Cross Border ◽  
Legal Challenges ◽  
Ehealth Services ◽  
The Right ◽  
Movement Angle ◽  
The Eu

The paper briefly describes the current EU legal framework in the healthcare field and assess to which extent it could apply to the provision of cross border eHealth services. In particular, it analyses the provision of such services from the free movement angle, i.e. whether EU law guarantees to health professionals access to and exercise of activiti es in the 3rd type of situations, as well as whether the insured persons have the right to reimbursement of costs of such healthcare from their social security system.

scholarly journals Withdrawal from the European Union: Consequences under EU law and international law

2020 ◽  
Vol 59 (89) ◽  
pp. 227-245
Author(s):  
Maja Lukić-Radović
Keyword(s):  
European Union ◽  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
Eu Law ◽  
The European Union ◽  
Voluntary Withdrawal ◽  
Article 50 ◽  
Insight Into ◽  
The Eu

This article provides analysis of the most prominent legal issues arising as a consequence of a voluntary withdrawal of a Member State from the European Union pursuant to Article 50 TEU. Particular attention is given to the aspects which have not been explicitly regulated, as well as to those that remain unclear due to the complex wording of Article 50 TEU. Following the introduction, the first section focuses on the termination of application of EU law. The second section provides a more detailed insight into the consequences of the voluntary withdrawal on the issues related to the EU citizenship. The next section elaborates on the legal framework for establishing relations between the withdrawing state and the EU under international law. Finally, the last section of the paper analyzes the consequences for the position of the withdrawing state vis-à-vis international organizations and under international law in general.

scholarly journals ALGORITHM TRANSPARENCY AS A SINE QUA NON PREREQUISITE FOR A SUSTAINABLE COMPETITION IN A DIGITAL MARKET?

2021 ◽  
Author(s):  
Maciej Hulicki
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Eu Law ◽  
Market Participants ◽  
On Demand ◽  
Antitrust Case ◽  
Legal Challenges ◽  
Market Practices ◽  
The Eu

Algorithms play a fundamental role in the digital economy. Their impact on the situation of market participants is significant. Hence, ensuring transparency of algorithms, through access to them, is crucial for the proper functioning of the market. Several models of algorithmic transparency are analyzed in the paper: from lack of transparency to complete regulation of algorithms. In particular, transparency through explanation, and “on-demand transparency” were proposed. The goal of the paper is to determine the optimal form and scope of regulation of this area, in order to ensure sustainable competition in the digital market. Hence, the paper focuses on the concept of algorithmic transparency, the nature of the competition in the digital market, the role of algorithms within the digital trade, and problems related to the regulation of algorithms. This allows to answering the question of whether algorithmic transparency is an indispensable condition for sustainable competition in the digital market, and what are the legal challenges, which may arise with respect to various models of algorithm transparency. The paper is embedded within the EU legal framework, discusses new legislative developments in the EU law, such as the proposal for the Digital Markets Act, and includes analysis of EU antitrust case-law and market practices.

scholarly journals International Legal Aspects of Civil Protection of Intellectual Property Rights in the Czech Republic and Ukraine

1970 ◽  
pp. 248-253
Author(s):  
Ruslan Boudka
Keyword(s):  
Czech Republic ◽  
Intellectual Property ◽  
Legal Protection ◽  
Legal Aspects ◽  
Legal Order ◽  
Eu Law ◽  
International Treaties ◽  
The Czech Republic ◽  
Domestic Law ◽  
The Eu

The purpose of the article is a comparative analysis of certain international legal aspects of the Czech and Ukrainian systems of protection of IPR in the context of European integration processes. A comparative analysis of the basic principles of the interaction between international and domestic law between Ukraine and the Czech Republic shows that there are similar and distinct features. The similarity is based on the fact that the constitutions of both states contain an ambivalent legal regime effect of the provisions of international and national law, according to which the provisions of international treaties, which are properly implemented in domestic law, are an integral part of it. This means the supremacy of the national constitution on the provisions of a ratified international treaty, which, in turn, takes precedence over domestic law by virtue of the principle of good faith implementation of international treaties and the inadmissibility of invoking deficiencies in internal law and as a ground for non-compliance with international obligations. On the basis of the application of dogmatic, natural law and comparative-legal approaches the peculiarities of interaction of the international and domestic system of legal protection of intellectual property law are analyzed. The peculiarities of international legal protection of intellectual property law in the Czech Republic are revealed, in particular at the level of universal and regional systems of international protection, as well as in the framework of the supremacy of the European Union law and its horizontal effect on the legislation of Czech Republic. The difference between the legal order of Ukraine and the Czech Republic on the interaction of international and national law is conditioned by an EU factor, since the Czech Republic is a Member State of the Union. In the course of interaction between the domestic legal order of Ukraine with the EU, this takes place in the form of an approximation, the legal forms of which are defined by the Association Agreement between Ukraine and the EU. The interaction between the internal law of the Czech Republic and the EU law is determined in the field of intellectual property rights through at least two parameters: 1) the supremacy of law of the EU over the legislation of the Czech Republic; 2) the horizontal effect of EU law when the legislation of the Czech Republic does not properly specify and detail the principles and norms of the EU in private-law relations between individuals.

scholarly journals The Legal Aspects of Artificial Intelligence based on the EU Experience

Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 8-13
Keyword(s):  
Artificial Intelligence ◽  
Legal Framework ◽  
Legal Aspects ◽  
Public And Private ◽  
Legal Questions ◽  
Technological Advances ◽  
Clear Vision ◽  
Routine Tasks ◽  
The One ◽  
The Eu

In the digital era, technological advances have brought innovative opportunities. Artificial intelligence is a real instrument to provide automatic routine tasks in different fields (healthcare, education, the justice system, foreign and security policies, etc.). AI is evolving very fast. More precisely, robots as re-programmable multi-purpose devices designed for the handling of materials and tools for the processing of parts or specialized devices utilizing varying programmed movements to complete a variety of tasks.1 Regardless of opportunities, artificial intelligence may pose some risks and challenges for us. Because of the nature of AI ethical and legal questions can be pondered especially in terms of protecting human rights. The power of artificial intelligence means using it more effectively in the process of analyzing big data than a human being. On the one hand, it causes loss of traditional jobs and, on the other hand, it promotes the creation of digital equivalents of workers with automatic routine task capabilities. “Artificial intelligence must serve people, and therefore artificial intelligence must always comply with people’s rights,” said Ursula von der Leyen, President of the European Commission.2 The EU has a clear vision of the development of the legal framework for AI. In the light of the above, the article aims to explore the legal aspects of artificial intelligence based on the European experience. Furthermore, it is essential in the context of Georgia’s European integration. Analyzing legal approaches of the EU will promote an approximation of the Georgian legislation to the EU standards in this field. Also, it will facilitate to define AI’s role in the effective digital transformation of public and private sectors in Georgia.

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