scholarly journals Occupational and work-related diseases in Community law and in the legislature of selected EU member states – a comparative perspective

2021 ◽  
Author(s):  
Jarosław Walusiak ◽  
Dominika Dörre-Kolasa ◽  
Andrzej Marcinkiewicz
2000 ◽  
Vol 44 (30) ◽  
pp. 5-434-5-436
Author(s):  
Peter Buckle ◽  
Jason Devereux

The report has drawn together knowledge from an extensive set of sources. These include the contemporary scientific literature, the views of an international expert scientific panel, current practice, employer and employee representatives and a number of official authorities from member states of the European Union (EU). The need for EU consensus regarding diagnostic criteria is identified. Size of the problem across EU member states has been reported. Understanding of the biological mechanisms of WRULDs varies greatly and it is dependent on the specific disorder. A strong positive relationship between some WRULDs and the performance of work, especially where workers were highly exposed to workplace risk factors is noted. Identifying workers in the extreme exposure categories should become a priority for any preventative strategy. Current scientific knowledge and existing general advice in European health and safety directives, etc., already provide some strategies for preventing WRULDs. Further action is suggested.


2016 ◽  
Vol 4 (1) ◽  
pp. 51-62 ◽  
Author(s):  
Maria Hellman ◽  
Eva-Karin Olsson ◽  
Charlotte Wagnsson

The advent of social media can be seen both as a risk and an opportunity by armed forces. Previous research has primarily examined whether or not the use of social media endangers or strengthens armed forces’ strategic narrative. We examine armed forces’ perceptions of risks and opportunities on a broad basis, with a particular focus on areas of deployment. The article is based on a survey of perceptions of social media amongst the armed forces of EU member states, thus adding to previous research through its comparative perspective. Whereas previous research has mainly focused on larger powers, such as the US and the UK, this article includes the views of the armed forces of 26 EU states, including several smaller nations. In analyzing the results we asked whether or not risk and opportunity perceptions were related to national ICT maturity and the existence of a social media strategy. The analysis shows that perceptions of opportunities outweigh perceptions of risks, with marketing and two-way communication as the two most prominent opportunities offered by the use of social media. Also, armed forces in countries with a moderate to high ICT maturity emphasize social media as a good way for marketing purposes.


2008 ◽  
Vol 5 (1) ◽  
pp. 1-33 ◽  
Author(s):  
Eberhard Bohne

AbstractThis essay presents a comparative empirical and legal evaluation of the implementation of the IPPC Directive in eight EU member states focusing on the integrated approach of the directive. The national transpositions left existing national administrative structures and procedures basically unchanged. Holistic integrated permitting does not occur in any of the countries under study. Explaining the findings with incremental political theory, they serve as the basis for some reflections on the planned recast of the IPPC Directive and the prospects for better regulation. This first part of the article displays the basic shortcomings of the IPPC review process (1.) the concepts of integration under the Directive (2.) and the empirical analysis of the national approaches to integrated permitting (3.1 – 3.3). The second part which will be published in the subsequent JEEPL issue explains and evaluates the findings with regard to the pending revision of the Directive.


2008 ◽  
Vol 5 (3-4) ◽  
pp. 319-338 ◽  
Author(s):  
Eberhard Bohne

AbstractThis contribution presents a comparative empirical and legal evaluation of the implementation of the IPPC directive in eight EU member states focusing on the integrated approach of the directive. The national transpositions left existing national administrative structures and procedures basically unchanged. Holistic integrated permitting does not occur in any of the countries under study. Explaining the findings with incremental political theory, they serve as the basis for some reflections on the planned recast of the IPPC directive and the prospects for better regulation. While the first part of the article (JEEPL 5.1, 2008, 1–33) displayed the basic shortcomings of the IPPC review process (1.), the concepts of integration under the Directive (2.) and the empricial analysis of the national approaches to integrated permitting (3.1–3.3) this second part explains and evaluates the findings with regard to the pending revision of the directive.


2006 ◽  
Vol 5 (3) ◽  
pp. 479-493 ◽  
Author(s):  
Nikolaos Lavranos

AbstractIn the judgment in Case C-459/03, Commission v Ireland, the ECJ for the first time explicitly determined the scope of its exclusive jurisdiction based on Article 292 EC. The ECJ interpreted its jurisdiction very expansively in order to protect its exclusive jurisdiction to interpret and apply Community law. Accordingly, EU Member States involved in a dispute that potentially raises issues of Community law are not allowed to bring the case before a dispute settlement body other than the ECJ. Furthermore, Member States have the duty to inform and consult the Community institutions prior of bringing a case before another dispute settlement body. Otherwise, the ECJ claims, the danger arises that the autonomy of the Community legal order and its exclusive jurisdiction may adversely be affected by rulings of other international courts or tribunals in disputes that also touch on EC law. With this judgment the ECJ substantially restricted the right of the EU Member States to select a dispute settlement system of their choice. Moreover, this expansive interpretation by the ECJ of its exclusive jurisdiction limits the exercise of the jurisdiction of other international courts and tribunals that are called upon to adjudicate on a dispute that possibly involves Community law.It is submitted that with this extensive understanding of its exclusive jurisdiction, the ECJ is unduly restricting the sovereign right of the Member States to select the dispute settlement system of their choice as well as interfering in the exercise of the jurisdiction of the other international courts and tribunals.


2011 ◽  
Vol 7 (1) ◽  
pp. 17-39
Author(s):  
Sascha Hardt ◽  
Mariolina Eliantonio

Parliamentary and executive immunity – Italian Corte Costituzionale – Constitutional versus ordinary lawmaking – Comparative perspective to other EU member states – Italian situation unique


2021 ◽  
Vol 66 (05) ◽  
pp. 160-163
Author(s):  
Sevil Aliheydar Damirli ◽  

As in any community, coexistence and cooperation only works if it is well organized. In the EU, there are EU bodies for this purpose. We all know that living together of different members can often lead to a dispute. In the European Union, the subject of dispute can not only be the violation of primary law, but also the violation of secondary community law. In order to better understand the important role of the Commission in the EU, we examine in this paper its composition and Tasks. We know that the European Union is based on the rule of law. This means that every EU activity is based on treaties that have been accepted by all EU Member States on a voluntary and democratic basis. A contract is a binding agreement between the EU member states. It sets out the objectives of the EU, the rules governing the EU institutions, the decision-making process and relations between the EU and its Member States. Therefore it is important to adhere to these treaties to carry out community policy. According to Art. 258 and 259 of the Treaty on the Functioning of the EU, actions for breach of contract can be filed against a Member State by the EU Commission or another Member State (1, Art.258-259). For the European Commission, as the «Guardian of the Treaties», this option is a particularly important instrument of power politics that it can use against member states' governments that do not recognize or do not comply with the norms of Community law. In practice, the infringement procedures requested by the Commission are of particular importance for ensuring compliance with Community law by the Member States. In no other area does the Commission have so much power and independence against the Member States. Now we should take a closer look at the EU institution and especially the EU Commission.


2021 ◽  
Vol 45 (1) ◽  
pp. 112-134
Author(s):  
Cyryl Kotyla

Purpose: This paper explores the level of use of Electronic Document Management Sys-tems (EDMSs) to process electronic accounting documents in local government in Poland, as well as the kind of basic activities related to electronic accounting documents that are supported in EDMSs. Registering electronic accounting documents in an EDMS is a vital step towards e-accounting because the automation of the processes related to registering accounting documents in accounting software is possible only when the accounting docu-ments are electronic, i.e. in the form of a structured XML file. Methodology/approach: Survey research was conducted among local government units (LGUs) in Poland to examine whether they use EDMSs to support accounting work related to the handling of electronic accounting documents. One thousand, five hundred and forty-nine units were examined, which is approx. 57% of the total population. The study is qualitative in nature. Findings: The results showed that the Polish local government is poorly prepared to regis-ter electronic accounting documents in EDMSs. Of the 1,594 units examined, 1,058 use an EDMS and 536 have not yet implemented one, which means that these LGUs are not at all prepared for electronic communication, including registration of electronic accounting doc-uments. Of those units already using an EDMS (1058), 685 use it to register electronic accounting documents, while 373 do not use it for this purpose. Research limitations/implications: The limitation of the study is that despite the rela-tively large number of LGUs surveyed, the qualitative study does not allow for the general-isation of the results for the entire population. Practical implications: The study will be of interest to all those who plan to automate accounting processes based on loading metadata to the accounting software directly from electronic accounting documents in the form of XML files. Even though the empirical study covered only Polish LGUs, the issues related to IT applications used to develop e-accounting documents will also be of interest to local governments of other EU Member States, as the regu-lations and principles mentioned in the study have entered into force in all Member States. Originality/value: The originality of the study lies in the fact that e-accounting, e-documents, and e-signature are relatively young phenomena, so this study may be one of the voices in the future discussion on this topic. The originality and value of the study lie in the attempt to approximate the degree of current EDMS use to process electronic accounting docu-ments in local governments and the plans for implementing an EDMS in those local gov-ernments that do not yet use one in their activities. This will allow us to predict and assess the state of development of Accounting Information Systems (AIS).


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