Some Legal Issues of the eu-Russia Relations in the Post-Crimea Era: From Good Neighbourliness to Crisis and Back?

Keyword(s):  
Author(s):  
Aleksandra Kluczewska ◽  

For a genealogist, each birth, baptism, marriage and death certificate is a valuable source of research. It turns out, however, that genealogists in their work encounter obstacles related to the restriction of access to these sources. This “brake” is legal regulations that can effectively discourage a genealogist from continuing their research. The aim of this article is to present the legal issues of genealogical research, especially in terms of the practice of applying the law and emerging problems in jurisprudence. In her article, the author presented the currently existing legal regulations, which in some cases may hinder genealogists from accessing searches, including legal problems related to the EU Regulation on the Protection of Personal Data (GDPR) in force since May 2018. The article also presents the problem of access to genealogical research from its practical side, recalling the decisions of Provincial Administrative Courts and the Supreme Administrative Court.


EU Law ◽  
2020 ◽  
pp. 809-860
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.


EU Law ◽  
2020 ◽  
pp. 781-831
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.


2009 ◽  
pp. 2085-2099
Author(s):  
Boštjan Bercic ◽  
Carlisle George

In recent years, various national medical databases have been set up in the EU from disparate local databases and file systems. Medical records contain personal data and are as such protected by EU and member states’ legislation. Medical data, in addition to being personal data, is also defined in the EU legislation as being especially sensitive and warrants special measures to protect it. It therefore follows that various legal issues and concerns arise in connection with these processes. Such issues relate to the merits of compiling a nationwide database, deciding on who has access to such a database, legitimate uses of medical data held, protection of medical data, and subject access rights amongst others. This chapter examines some of these issues and argues that such databases are inevitable due to technological change; however there are major legal and information security caveats that have to be addressed. Many of these caveats have not yet been resolved satisfactorily, hence making medical databases that already exist problematic.


2018 ◽  
Vol 27 (1) ◽  
pp. 33-52
Author(s):  
Leonardo Borlini ◽  
Stefano Silingardi

With some 40 different types of restrictive measures in force, the European Union is undisputedly one of the major protagonists of today’s sanction regimes. Measures such as selective trade embargos, asset freezes and travel bans have been adopted by the EU not only to implement Security Council mandated sanctions, but also in addition to (as with Iran and North Korea) or in the absence of UN action (as with Syria and Russia). Further, EU recent practice evidences that sanctions (Myanmar and Zimbabwe) have served the EU and its member states’ own interests also with the view to promoting (the European construction of) values generally shared in international society. After outlining the legal discipline and the policy framework of EU restrictive measures, the present article analyses the legal issues emerging with respect to EU sanctions over the last four years. Among these, the 2017 ruling of the Grand Chamber of the Court of Justice of the EU in Rosneft, Brexit and its consequences on the implementation/adoption of sanctions by the United Kingdom, and recent developments concerning the legal position of candidate countries which refused to align with the EU sanction adopted in reaction to the Ukraine crisis, are the most important.


2020 ◽  
Vol 17 (4) ◽  
pp. 53-68
Author(s):  
Adriana Kalicka-Mikołajczyk

Illegal logging is a significant problem of major international community concern because it has a devastating impact on some of the world’s most valuable remaining forests and contributes to tropical deforestation and forest degradation. Furthermore, it threatens biodiversity and undermines sustainable forest management, having a negative impact on poverty reduction, sustainable and inclusive economic growth and development. The article presents instruments adopted by the EU in order to combat illegal timber logging. The author describes their material scope and legal character, dividing them into two groups: internal and international legally binding instruments and soft law instruments, in order to answer the question about their legal character and position in the EU legal order and in national orders of the Member States.


Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law.


2013 ◽  
pp. 19-33
Author(s):  
Ricardo Rejas-Muslera ◽  
Elena Davara ◽  
Alain Abran ◽  
Luigi Buglione

Support for research and development in information technology is considered today as critical by most governments in the industrially advanced countries. Traditionally the way of stimulating research has been to ensure to the investor the appropriability of the returns generated. Such appropriability is typically implemented by means of the Intellectual Property Rigths. Nevertheless the protection of such rights is heterogeneous worldwide. Today two different legal systems for the protection of software coexist: the system of patents and the system of author’s copyrights. This chapter explains these two main systems of ‘intellectual property’ to provide legal protection to software, including the licenses to transfer rights on software. The end of the chapter presents the most recent trends of the EU government to replace the current European software protection system, including a discussion onf the software patents and the legal initiatives on the subject. In addition, legal issues linked with new ways in software comercialization are presented.


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