scholarly journals The right to choose health insurer: A comparative review of the EU Member States’ experiences

2018 ◽  
Vol 68 (2) ◽  
Author(s):  
Alexander Popov ◽  
Kristian Kaludov ◽  
Mehnur Salieva ◽  
Antoniya Dimova
Keyword(s):  
Health Insurer ◽  
Member States ◽  
Eu Member States ◽  
Comparative Review ◽  
The Right ◽  
The Eu

Reflexive Governance in EU Equality Law

2021 ◽  
Author(s):  
Emma Lantschner
Keyword(s):  
Opportunity To Learn ◽  
Learning Processes ◽  
Equal Treatment ◽  
Member States ◽  
New Member States ◽  
Eu Member States ◽  
Comparative Review ◽  
The Right ◽  
Employment Equality ◽  
The Eu

The Covid pandemic has revealed how far we, as a European society, still are from the proclaimed Union of Equality. This book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination be improved. It studies enforcement and promotion aspects of the two watershed Directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having a great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own-preference formations and as an opportunity to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators that are deduced from the comparative review of the implementation practice of the Member States. It is thus a contribution to the existing literature in the fields of Europeanization, governance studies, and the right to equality and non-discrimination.

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.

scholarly journals Strengthening Judicial Cooperation in Civil Matters Between the EU and Neighboring Countries: The Example of Ukraine and the Baltic States

2019 ◽  
Vol 12 (2) ◽  
pp. 115-133
Author(s):  
Iryna Izarova
Keyword(s):  
Geographical Location ◽  
Baltic States ◽  
Judicial Cooperation ◽  
Member States ◽  
Association Agreement ◽  
Eu Member States ◽  
Bilateral Relations ◽  
The Baltic ◽  
The Right ◽  
The Eu

Abstract Judicial cooperation between EU Member-States and Ukraine is still at a basic level. The EU-Ukraine Association Agreement does not prove an appropriate approach, and their relations are regulated mostly with the bilateral agreements. The Baltic states and Ukraine, which are the focus of this research, are deeply engaged by their close geographical location, common historical issues and friendly relations, and seek further development of their relations. This should be accompanied by mutual judiciary trust and therefore by the corresponding evolution of bilateral relations proper to this trust. The following types of judicial cooperation in civil matters were chosen as objects of this research: recognition of Baltic States’ courts’ judgments in Ukraine, as well as service of documents and taking of evidence in Ukraine. The conclusions consist of several proposals related to deeper judicial cooperation between Member-States and third countries, illustrated by the example of the Baltic States and Ukraine, in light of the right to fair trial and mutual trust in the judiciary.

A Blurred Piece of Jigsaw: On the Status of Jobseekers within the Framework of Directive 2004/38

2020 ◽  
Vol 22 (4) ◽  
pp. 571-596
Author(s):  
Rufat Babayev
Keyword(s):  
Systematic Approach ◽  
Free Movement ◽  
Member States ◽  
Legislative Change ◽  
Eu Member States ◽  
National Implementation ◽  
The Status ◽  
The Right ◽  
The Eu

Abstract This article explores the status of jobseeker in Directive 2004/38 that is aimed to simplify and strengthen the right of free movement and residence of all Union citizens. Unlike the categories of economically active and inactive persons, Directive 2004/38 employs a somewhat piecemeal approach towards setting out the status of jobseekers. It is submitted that this leads to much uncertainty over their residence rights and raises the prospect of divergent national implementation measures, leaving much leeway for the adoption of stringent approaches. While this is manifested itself, for instance, in the UK’s policy towards Union jobseekers, it is also particularly salient within the framework of the EU-UK Withdrawal Agreement that authorises a constitutive approach to post-Brexit residence status, which is shown to carry a greater risk for UK nationals residing in EU Member States. Both instances are argued to further substantiate the need for a more systematic approach towards the outline of the status of jobseeker in Directive 2004/38, though the introduction of any legislative change may not currently be politically viable.

II. Fourteen Against One: The Eu Member States' Response To Freedom Party Participation In The Austrian Government

2000 ◽  
Vol 49 (4) ◽  
pp. 953-963 ◽  
Author(s):  
Matthew Happold
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Democratic Governance ◽  
Diplomatic Relations ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
The Eu

The participation of the Freedom Party in the Austrian government has given rise to exceptional reactions both in Austria and internationally. The imposition of a freeze in bilateral diplomatic relations by Austria's European Union partners has been particularly notable, amounting to an unprecedented response to the election of a new government in another Member State. This note seeks to describe the development of events and assess the status of the 14 Member States' actions under international law, in particular in the light of any developing norms concerning non-intervention, respect for human rights and the right to democratic governance.

EU Blue Card Scheme: The Right Step in the Right Direction?

2010 ◽  
Vol 12 (4) ◽  
pp. 435-453 ◽  
Author(s):  
Yasin Kerem Gümüs
Keyword(s):  
Developed Countries ◽  
Highly Qualified ◽  
Member States ◽  
Green Card ◽  
Eu Member States ◽  
Domestic Legislation ◽  
The Us ◽  
Legal Immigration ◽  
The Right ◽  
The Eu

AbstractIn October 2007, the European Commission adopted a controversial proposal on the conditions for entry and residence of third-country nationals for highly qualified employment. The Blue Card scheme is intended to provide Member States and European Union (EU) companies with additional “tools” to recruit, retain and better allocate the workers they require, and so to increase the competitiveness of the EU economy through legal immigration and provide the EU with an advantage to compete with the US Green Card. However, the EU Blue Card scheme has been the subject of much controversy among not only EU Member States but also among less developed countries. This article aims to analyze the Blue Card scheme, which was adopted on 25 May 2009 and gives Member States two years to incorporate the new provisions into their domestic legislation. After providing an overview of the scheme, the second part deals with critics of the scheme and national responses of Member States to the scheme. Finally, the third part of the article seeks to answer the question: is the Blue Card scheme the right step in the right direction?

scholarly journals RIGHT OF MUNICIPAL PROPERTY IN THE STATES OF THE EUROPEAN UNION: THE ISSUES OF CONSTITUTIONAL AND LEGAL REGULATION

2020 ◽  
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Good Governance ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Communal Property ◽  
The Right ◽  
The Eu

The article deals with the constitutional and legal regulation of the right of municipal property in member countries of the EU. It is noted that the constitutions of the Member States mostly ignore the concept of ownership of local self-government. At the same time, the constitutions reinforce the issue of material and financial basis. As a rule, the translation from the languages ​​of the member countries of the EU into English uses the notion of «municipal property», «local government property» or «public property». In the constitutions of the member countries of the EU, the principle of financial and financial autonomy, guarantees of local self-government are found. The legal basis of municipal property rights is also determined by the local government law, and sometimes by a municipal property law and local acts. The municipal property laws set out the basic principles of municipal property management. It is noted that the management is in the interest of the population of the municipality and with the care of «good governance». It is stated that the existence of a special law on the property of local self-government does not solve all issues of systematization of legislation in this area. It is summarized that in the study of the conceptual apparatus in the sphere of municipal (communal) property, the essence of this right is of fundamental importance. In the legislation of these countries there are both concepts: «municipal» and «communal property». These concepts should be regarded as synonymous and for the convenience of designating this form of ownership in the EU Member States, it is permissible to apply the concept of «municipal property». Examples of application of both concepts in constitutional legal acts are given. The article concludes that, regardless of the subject of the right of municipal property, democratic states provide guarantees for the management of municipal property for the benefit of the community; attention is paid to objects that are in permanent exploitation by residents of communes. The author note the direct link between the powers of local governments, the interests and needs of the community and municipal property. Functional delineation of municipal property by local governments influences the decision to acquire, multiply and dispose of them. Local government real estate management in these countries draws attention to the object of management, goals and main purpose, basic decision-making principles, etc.

scholarly journals Europeanization of private law as a hermeneutic and civilistics problem: an approach to the interpretation law institutionalization

Legal Ukraine ◽  
2019 ◽  
pp. 21-30
Author(s):  
Alexander Krupchan ◽  
Alexander Gaydulin
Keyword(s):  
European Union ◽  
Roman Law ◽  
Private Law ◽  
Cross Culture ◽  
Member States ◽  
Eu Member States ◽  
European Civil Code ◽  
Theory Of Law ◽  
The Right ◽  
The Eu

The article deals with the problems of the civilistic institutionalization of the interpretation law in the context of the Europeanization of private law. The basis of this study is the application of civilistic methods to investigate this problem. This article deals with the comprehensive study of the legal integration of the private law systems of the EU Member States and other European countries. In Comparative Law, this process is called Europeanization of private law. This is a broad topic that raises many questions. The issue of Europeazation of private law is an extremely multi-faceted problem. The current economic crisis is a challenge for the Europeanization of private law. There is a need to exchange experience in interpreting the concept of European Private Law after the 2016 Brexit referendumand to propose a common way of a coherent Europeanization policy strategy on this basis. In this context, Europeanization can be defined equally simply and broadly as a type regional international integration. However, this meaning is not so simple. Suddenly, after the 2016 Brexit, EU self-identification with all Europe is destroyed by one act. All this happened because level of European Union identification was very excessive. European academic lawyers spoke about it previously. In particular, it was stressed that they do not subscribe to the overly European Union-centric notion «Europe» that the term «Europeanization» implies. However, they went along with the widely used term «Europeanization», while noting its obvious inaccuracy. The «extremist wing of the Europeanization brigade» have tended to view the European states as little more than passive recipients duly implementing dictate of Brussels. Now Europeanization of private law for all EU member states should be understood as the «EU-ization», but it should take the form of a legal harmonization too. Europeanization of private law for all States, including Ukraine, should be interpreted as the legal cultural process or the common base of the harmonization of laws. And for this purpose academic lawyers should use this term as referring to the cross-culture comparing of legal paradigms at the domestic level. These paradigms could be the keys for understanding the legal convergence problem. They go to the very heart of the national (domestic) legal systems in Europe. Under these conditions, the concept of codification of private law in the form of a European civil code is hopelessly outdated. More promising is the way to approximate the mechanisms of legal interpretation. Indeed, there are all indications of the formation of a new civilistic institute, called the right of interpretation. This institute comes from ancient Roman ius interpretatio. That is why this modern institutionalization is a reception of Roman law interpretation. The article concludes that a coherent methodology is needed to clarify the process of institutionalizing the law interpretation. Therefore, there is a need to develop a new type of doctrine – the civilistic theory of law of interpretation. Key words: European private law, Europeazation of private law, law of interpretation, doctrine, civilistic methodology.

scholarly journals The protection of customer personal data as an element of entrepreneurs’ ethical conduct

2018 ◽  
Vol 21 (7) ◽  
pp. 27-44
Author(s):  
Ewa Kulesza
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Business Practices ◽  
Process Data ◽  
Member States ◽  
Eu Member States ◽  
Eu Directive ◽  
The Law ◽  
The Right ◽  
The Eu

The right to the protection of personal data, which is part of the right to privacy, is a fundamental human right. Thus, its guarantees were included in the high-level regulations of the European Union as well as the legal norms of the EU Member States. The first Polish law regulating the protection of personal data was adopted in 1997 as the implementation of EU Directive 95/46. The law imposed a number of obligations on public and private entities which process personal data in order to protect the rights of data subjects and, in particular, to guarantee them the ability to control the correctness of processing of their personal data. Therefore, the law obliged data controllers to process data only on the basis of the premises indicated in the legislation, to adequately secure data, and to comply with the disclosure obligation concerning data subjects, including their right to correct false or outdated data or to request removal of data processed in violation of the law. However, as complaints directed by citizens to the supervisory body—the Inspector General for Personal Data Protection—showed, personal data controllers, especially those operating in the private sector, did not comply with the law, acting in a manner that violated their customers’ rights. In the hitherto existing unfair business practices of entrepreneurs, the violations of the data protection provisions that were the most burdensome for customers were related to preventing them from exercising their rights, including the right to control the processing of data, as well as the failure to provide the controller’s business address, which made it impossible for subjects whose data were used in violation of the law or for the inspecting authorities to contact the company, a lack of data security and a failure to follow the procedures required by law, the failure to secure documents containing personal data or their abandonment, a lack of updating customer data, the use of unverified data sets and sending marketing offers to deceased people or incorrect target recipients, and excessive amounts of data requested by controllers. The violations of the rights of data subjects recorded in Poland and other EU Member States—among other arguments—provided inspiration for the preparation of a new legal act in the form of the EU General Data Protection Regulation (GDPR) (which entered into force on 25 May 2018). The extension of the rights of people whose data are processed was combined in the GDPR with the introduction of new legal instruments disciplining data controllers. Instruments in the form of administrative fines and the strongly emphasised possibility to demand compensation for a violation of the right to data protection were directed in particular against economic entities violating the law.

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