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

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

2. Federalism and European Integration

2018 ◽  
pp. 27-42
Author(s):  
R. Daniel Kelemen
Keyword(s):  
European Integration ◽  
Comparative Politics ◽  
Political System ◽  
Eurozone Crisis ◽  
Member States ◽  
Eu Member States ◽  
Specific Policy ◽  
Wide Range ◽  
Shed Light ◽  
The Eu

Theories of federalism can provide a set of assumptions, concepts, and arguments that shed light on many aspects of European integration. Applying the federalism perspective opens up EU scholars to a range of relevant comparative cases that provide analytic leverage and insight on the EU. This perspective also enables EU scholars to draw on and contribute to a well-established literature in comparative politics, thus connecting their findings about the EU to broader academic debates. EU scholars have applied theories of federalism to help explain a wide range of questions about European integration, from general questions about why and how the EU came together as a political system to narrow questions about very specific policy areas, to the causes and consequences of the EU’s recent crises. This chapter discusses the main assumptions, concepts, and methodologies in federalism theories of the EU, and explores how this perspective can shed light on the eurozone crisis and the crisis of democratic backsliding among EU member states.

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.

Towards an Ever Closer Union Between Residents and Citizens?

2015 ◽  
Vol 11 (01) ◽  
pp. 78-98 ◽  
Author(s):  
Michèle Finck
Keyword(s):  
European Integration ◽  
Voting Rights ◽  
The State ◽  
Eu Law ◽  
Member States ◽  
Traditional Concept ◽  
Eu Member States ◽  
Domestic Reform ◽  
The Eu

Alien suffrage in Luxembourg – The traditional concept of the electorate – Link between nationality and voting rights – From the national to the resident worker? – The decoupling of nationality and citizenship – The transformation of the state as a consequence of European integration – Comparison to other EU member states – Consequences for EU law of domestic reform – The intertwinement of constitutional spheres in the EU

scholarly journals Legal Foundations for Exporting Dual-Use Goods from the European Union

Lex Russica ◽  
2021 ◽  
pp. 44-56
Author(s):  
V. Yu. Slepak
Keyword(s):  
Legal Regulation ◽  
The European Union ◽  
Dual Use ◽  
Member States ◽  
National Regulation ◽  
Eu Member States ◽  
Legal Obligations ◽  
Council Regulation ◽  
The One ◽  
The Eu

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.

scholarly journals A Quarter-century of the Weimar Triangle: in Context of Europe’s Regions

2016 ◽  
pp. 122-131
Author(s):  
A. Martynov
Keyword(s):  
European Integration ◽  
Regional Cooperation ◽  
Eu Enlargement ◽  
Member States ◽  
Quarter Century ◽  
Association Agreement ◽  
Eu Member States ◽  
Interregional Cooperation ◽  
The Impact ◽  
The Eu

The article considers the two vectors of the European integration process: closer integration among the EU member states and regionalization of the EU countries according to the criteria of close neighbourhood or deep cooperation. The author traces  development trends of regional cooperation of the EU member states at different stages of development of international relations i.e. the impact of the EU enlargement on regionalization process, competition and confrontation with Russia, the  complications in the field of European integration due to the negative outcome of the Dutch referendum on  ratification of the Association Agreement between the EU and Ukraine, as well as the British referendum on withdrawal from the EU. It is stressed that  the interregional cooperation  is particularly important at this critical stage  of European integration.

scholarly journals EU Refugee Crisis: A Stumbling Block to the Process of European Integration?

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Dionysios Stivas
Keyword(s):  
European Union ◽  
European Integration ◽  
Refugee Crisis ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Integration ◽  
The Future ◽  
The Eu

Currently, the European Union (EU) is dealing with an unprecedented refugee crisis which has been blamed for bringing the process of the EU integration to an impasse. By applying theories of European (dis)integration, this paper assesses the extent to which the current refugee crisis constitutes an impediment to the future of the European Union. This paper’s analysis is constructed around two hypotheses: (1) the refugee crisis triggered Brexit and the failure of the EU’s relocation scheme, symptoms of the EU’s disintegration; (2) the refugee crisis has a dual potential: to simultaneously promote the deeper integration and the disintegration of the EU. To test these hypotheses, this paper examines if and how the refugee crisis is related to Brexit and whether the rebellious reaction of certain EU member states to the implementation of the EU relocation scheme is a sign of reversal in the process of EU integration.

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