Environmental policies for drinks packaging in Georgia: A mini-review of EPR policies with a focus on incentive compatibility

2018 ◽  
Vol 36 (11) ◽  
pp. 1004-1015 ◽  
Author(s):  
Hans Wiesmeth ◽  
Nino Shavgulidze ◽  
Nino Tevzadze
Keyword(s):  
Waste Management ◽  
Incentive Compatibility ◽  
Environmental Policies ◽  
Legal Framework ◽  
Transition Country ◽  
Waste Hierarchy ◽  
Association Agreement ◽  
Financial Feasibility ◽  
Practical Experiences ◽  
The Eu

The paper investigates various approaches to an environmental policy regarding drinks containers in Georgia. Currently, most of the waste containers are landfilled or pollute the environment through littering, and separate collection and recycling of drinks containers are almost nonexistent. The Association Agreement with the EU, which entered into force in July 2016, stipulates the development of up-to-date waste management activities in this transition country. In accordance with the legal framework, this mini-review proposes an EPR policy for Georgia, based on the waste hierarchy. Various approaches for such an EPR policy are reviewed as regards their feasibility for a transition country, but in particular with regard to incentive compatibility: the policy should guide producers and consumers to comply with the regulations. Some cost estimates demonstrate the financial feasibility of the recommended solution. Practical experiences from Austria, Bulgaria, France and Germany provide a European context.

Criminalizing Waste Management Activities in Albania in the Light of the European Union Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 79-99
Author(s):  
Enkelejda Turkeshi
Keyword(s):  
European Union ◽  
Waste Management ◽  
Criminal Law ◽  
Legal Framework ◽  
Criminal Code ◽  
The European Union ◽  
Minimum Standard ◽  
Negative Effects ◽  
Illegal Waste ◽  
The Eu

Illegal waste management activities violate specific rules that aim at preventing or reducing the negative effects they may have on the environment and human health. For the purpose of providing a more effective protection of the environment, in many countries and since 2008 even at the European Union (EU) level, besides the relevant administrative offences, it is also provided for a specific criminal offence against environment concerning serious infringements of the waste management legislation. This paper examines the current legal framework in Albania concerning waste-related criminal offences, against the minimum standard set forth by the EU in the Directive 2008/99/EC on the protection of environment through criminal law. While the adoption of the new framework law on Integrated Waste Management in 2011 as part of Albania’s efforts in aligning its legislation to that of the EU, has been a positive step towards more stringent rules concerning waste management, thus helping in tackling the serious and constantly evolving problems that the country has been facing in this field for years, the paper suggests that certain amendments to the Criminal Code are also necessary, as the minimum standard of the EU requires that criminal law applies at least in the case of particularly serious infringements of the new waste management legislation. These amendments would increase the protection of the environment and further the alignment of the Albanian legislation with that of the EU, while the country is seeking to fulfill obligations for EU membership.

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

scholarly journals EU Directives Implementation to Solve the Issue of Atmospheric Pollution With Nitrogen in Ukraine

2018 ◽  
Keyword(s):  
Air Quality ◽  
Ecosystem Approach ◽  
Nitrogen Pressure ◽  
Legal Framework ◽  
Biogeochemical Cycles ◽  
Centralized Control ◽  
Association Agreement ◽  
Atmospheric Air ◽  
Eu Directives ◽  
The Eu

Purpose. Analysis of the EU legislative requirements to resolve the issue of nitrogen pressure on the atmospheric air considering the implementation of the respective EU Directives in Ukraine according to the EU Association Agreement. Results. Legal environment of Ukraine and the EU governing documents on atmospheric air quality, it's monitoring, control of emissions, an introduction of preventive measures in respect of nitrogen-containing compounds have been reviewed. Drawbacks of the respective current EU legislative framework have been analysed. It has been shown that implementation of the analysed Directives in Ukraine is hampered as no active measures are taken to harmonize current and adoption of the new required legislation. Analysis of the state of the National legal framework on the matter of nitrogen load has shown that it practically does not exist in Ukraine now. To effectively implement in Ukraine the EU Directives regulating the requirements to atmospheric air quality, first of all, respective national legislation should be elaborated and a practically new comprehensive system to objectively control and monitor the content of nitrogen and other compounds in the atmospheric air and emissions from the main sources should be developed. It has been proposed to organize workshops for farmers, representatives of industry and the population to raise awareness about the ways to bring down nitrogen load on the ecosystems and to avoid the aggravation of the situation in the near future. It is shown that in order to successfully implement the current EU guiding documents and plan the realistic actions, the ecosystem approach should be used taking into account the features of biogeochemical cycles of nitrogen in various ecosystems. Special inter-departmental Agency comprising representatives of various Ministries and leading scientists shall be established for mandatory centralized control. Conclusions. Roadmaps for enforcement of all the EU Directives determining the requirements for the system of monitoring and assessment of atmospheric air quality and nitrogen compounds emissions into the atmosphere from different sources, first of all, from agrarian sector, transport and power industry should be developed. Ukraine has a potential chance to avoid the mistakes made by the EU and realize implementation considering modern knowledge about peculiarities on nitrogen biogeochemical cycles in different ecosystems.

scholarly journals EU Common Values in the EU-Ukraine Association Agreement: Anchor to Democracy?

2018 ◽  
Vol 8 (1) ◽  
pp. 49-62 ◽  
Author(s):  
Roman Petrov
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Institutional Framework ◽  
Legal Systems ◽  
Unique Form ◽  
Association Agreement ◽  
Common Values ◽  
Political Association ◽  
The Eu

Abstract This article analyses the Association Agreement (AA) between the EU and Ukraine. It argues that this agreement constitutes a new legal framework which has the objective to establish a unique form of political association and economic integration, characterised by three specific features: comprehensiveness, complexity and conditionality, and to promote EU values into the legal systems of Ukraine. The article studies substantive and procedural means of promotion and protection of EU values in the AA. The article scrutinises objectives, institutional framework and mechanisms of enhanced conditionality and legislative approximation in the AA. In addition, the means to protect EU values (the EU’s response to security conflicts in Ukraine) are discussed.

scholarly journals Inter-Municipal Cooperation in Waste Management: The Case of Poland

2016 ◽  
Vol 35 (2) ◽  
pp. 91-104 ◽  
Author(s):  
Bartłomiej Kołsut
Keyword(s):  
Waste Management ◽  
Economies Of Scale ◽  
Unit Cost ◽  
Legal Framework ◽  
Key Factors ◽  
Institutional Conditions ◽  
The Third ◽  
Reduce Unit Cost ◽  
The Eu

Abstract This article seeks to present the scale of inter-municipal cooperation in waste management in Poland in the light of the role of three key factors of cooperation. The first shows spatial regularities in the distribution of inter-municipal bodies involved in waste management in Poland, both in the system of voivodeships and historical-cultural regions. The second is institutional conditions confirming the scale of the Europeanisation of public policies taking place in Poland. It embraces the implementation of the EU legal framework in the Polish legal system and the cooperative behaviour of municipalities as a result of those changes. The third is a negative verification of the assumptions of the economic theory upholding the role of financial motivation in establishing cooperation (looking for savings and economies of scale to reduce unit cost); the presented results do not corroborate this type of motivation.

scholarly journals CONSTITUTIONALIZATION OF UKRAINE-EU COOPERATION ON THE BASIS OF THE ASSOCIATION AGREEMENT: DEVELOPMENT PROSPECTS

2021 ◽  
pp. 57-61
Author(s):  
O. Strieltsova
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Strategic Orientation ◽  
Political Life ◽  
The European Union ◽  
Association Agreement ◽  
The Reformation ◽  
European Values ◽  
The Eu

The article studies the process of constitutionalization of associative relations between Ukraine and the European Union. The author distinguishes and reveals two significant aspects of this process, namely meaningful and implementing. It is determined that meaningful constitutionalization by its essence is the constitutional modernization, where the meaningful updating of the Constitutional provisions is made in order to form the constitutional pillars for further democratization of social and political life in Ukraine, the approximation of the national political and legal system in accordance with the European values and principles, the improvement of the internal legal framework. The implementing aspect of constitutionalization means the purposeful formation of constitutional preconditions for the implementation of Association Agreement's provisions to the national legal system. The author stipulates that the fulfillment of both meaningful and implementing aspects of constitutionalization of Ukraine's association with the EU shall be implemented mainly by incorporating of this process directly into the context of the constitutional reform in Ukraine. The special attention is paid to certain problems of the reformation of the Constitution of Ukraine ensuring the European integration. The author expresses the critical reservations related to the amendments to the Constitution with the provisions of strategic orientation of Ukraine for the long term perspective.

LEGAL REGULATION OF WASTE MANAGEMENT: IMPLEMENTATION OF EUROPEAN UNION LEGISLATION

2017 ◽  
Author(s):  
Daryna Kosinova ◽  
◽  
Bohdan Shymanskyi ◽  
Vladyslav Harkusha ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Waste Management ◽  
Legal Regulation ◽  
State Regulation ◽  
The European Union ◽  
Association Agreement ◽  
Normative Documents ◽  
The One ◽  
Energy Community ◽  
The Eu

This article is devoted to a comparative analysis of the legislation of Ukraine and the EU in the field of legal regulation of waste management. The requirements for approximation of the legislation of Ukraine and the EU in the context of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, are considered. This process is detailed, with the establishment of specific deadlines for the implementation of certain provisions of EU law in Ukrainian law, in Annex XXX to the Association Agreement. Approaches to the establishment of the concept of «waste» in national legislation are noted, it is emphasized that various regulations provide a different definition of this concept and established as defined by EU legislation, a key component of which is the concept of disposal, which aims to solve the problem of homelessness. waste. A number of solutions regulating the classification of waste in the European Union are considered, in particular the existence of the so-called List of waste. Emphasis is placed on the imperfection of the waste classification process in Ukraine, as the Waste Classifier DK 005- 96 does not establish the degree of harmful effects of waste on the environment. The requirements set out in the main Directives governing waste management have been studied. The principles of waste management are considered, in particular, which is enshrined in Directive 75/442/EEC. The National Strategy for Waste Management in Ukraine until 2030 is studied, which identifies the main directions of state regulation in the field of waste management, taking into account European approaches, which are based on key Directives in this area. The strategy stipulates that the normative documents that will be developed and adopted for its implementation should be based exclusively on the principles and provisions of the relevant acts of European legislation.

scholarly journals Entrenching Waste Hierarchy for Sustainable Municipal Solid Waste Management in Kenya

2021 ◽  
Vol 11 (2) ◽  
pp. 300-325
Author(s):  
Wambua Kituku ◽  
Collins Odote ◽  
Charles Okidi ◽  
Patricia Kameri-Mbote
Keyword(s):  
Waste Management ◽  
Private Sector ◽  
Circular Economy ◽  
Large Scale ◽  
Solid Waste Management ◽  
Legal Framework ◽  
Waste Recycling ◽  
Municipal Solid Waste Management ◽  
Municipal Solid Wastes ◽  
Waste Hierarchy

Prioritizing waste prevention, reuse, recycling and recovery of materials and energy over disposal through landfilling, offers the waste hierarchy approach (WHA) a sustainable pathway to the management of municipal solid wastes (MSW) and realization of a circular economy. The concept is now part of the legal framework in some developing countries and its implementation has been credited for addressing waste problems linked to high rates of economic growth and urbanization. Even though Africa Vision 2063 prioritizes improvements in urban waste recycling in the continent, much of the MSW generated on the continent is disposed through landfilling evidencing weak adoption of the WHA. This article contends that because WHA is not adequately incorporated in the current legal framework at national and sub-national levels of government, Kenya is unlikely to achieve a circular economy approach necessary for realizing sustainable waste management. Operationalization of the WHA is impeded by inadequate financing, weak institutional coordination, gaps in private sector and informal actors’ engagement and risks associated with investments in large-scale waste recovery initiatives. It is therefore necessary for Kenya to elaborate the WHA in its legal framework at both national and county level, while ensuring adequate financing, involvement of informal actors, incentivization of private sector and adoption of waste planning procedures.

Protection of Intellectual Property Rights: Towards Harmonisation of Ukrainian and EU Law

2021 ◽  
Vol 10 (1-2) ◽  
pp. 221-240
Author(s):  
Volodymyr M. Kossak ◽  
Ihor Ye. Yakubivskyi ◽  
Mykola V. Oprysko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
Practical Implementation ◽  
Association Agreement ◽  
The One ◽  
Protecting Intellectual Property ◽  
Ownership Rights ◽  
The Eu

Abstract The article analyses the civil law means of protecting the ownership rights to intellectual property from the standpoint of Ukrainian law and practice. The focus is on those means of protecting intellectual property rights envisaged by the Association Agreement between the EU and the eaec and their Member States, of the one part, and Ukraine, of the other part, and outlines the prospects for their practical implementation within the legal framework of Ukraine. Among the means of protecting intellectual property rights, prohibition of the misuse of intellectual property in a specific way is considered. The paper also analyses the ways of protecting intellectual property rights, which are aimed at restoring the situation that existed prior to their violation, in particular, the removal from the civil circulation of goods manufactured or put into civil circulation, thus causing a violation of intellectual property rights, and subsequent destruction of such goods.

The Legal Status of the Energy Regulator in Ukraine in the Context of Recent Legislative Changes and European Integration

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Yuliya Vashchenko
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Energy Sector ◽  
Public Authorities ◽  
Association Agreement ◽  
Eu Legislation ◽  
Regulatory Authorities ◽  
Energy Community ◽  
Regulatory Commission ◽  
The Eu

The energy sector is a strategic industry of each state. Energy industry is one of the most important regulated fields at the EU level and a crucial direction of cooperation between the EU and Ukraine. EU legislation, primarily directives and regulations from the Third Energy Package, prescribe requirements in respect of the legal status of national regulatory authorities in the fields of energy and natural gas. Ukraine, as a full-fledged member of the Energy Community, as well as in line with the EU‒Ukraine Association Agreement, shall institute laws and regulations necessary for the implementation of those requirements. In particular, EU legislation stipulates requirements with regard to the independence of national regulatory authorities from other state authorities during the exercise of their regulatory powers. In recent years, Ukrainian public authorities have undertaken steps to develop and approve a legal framework in order to implement the requirements of EU energy legislation, in particular those related to the legal status of national regulatory authorities. The approval of the Law of Ukraine on the National Energy and Communal Services Regulatory Commission in 2016 was one of the critical achievements in this direction. However, the new Law has not solved the problem of the constitutional legal status of the energy regulator. The Constitution of Ukraine’s provisions specifying the powers of the President of Ukraine and the Verkhovna Rada of Ukraine as against permanent independent regulatory authorities (e.g., pertaining to the establishment, appointment and dismissal of members, accountability) shall be amended in order to bolster the principle of independence of national regulatory authorities in the energy sector as prescribed by EU legislation.

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