scholarly journals Preparation of a Legislative Proposal in the Multilingual Legal System of the European Union

2016 ◽  
Vol 45 (1) ◽  
pp. 37-50
Author(s):  
Anna Doliwa-Klepacka
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
Language Version ◽  
Eu Member States ◽  
Legislative Proposal ◽  
Official Languages ◽  
The Right ◽  
Right Of Access ◽  
The Eu

Abstract The principle of multilingualism in the legal system of the European Union is one of the key elements that guarantees, among others, the right of access to EU legislation. It is particularly important not only in the sphere of the direct application of the EU law, but also in the sphere of access to information during the lawmaking procedures at the EU institutions. A special case is, however, a stage of preparing a draft legislative proposal by the European Commission. The EU member states agree to limit the use of official language version to the working documents for “working” languages of the Commission, i.e. English, French and German. In practice, English and French are the most widely used languages for the working arrangements in the preparation of the draft legislation, mainly due to costs of the necessary translations and an effectiveness of this stage. This article presents a course of the stage of the drafting a legislative proposal by the Commission and illustrates the scope of work partly exempted from the obligation to ensure the full application of the principle of equivalence of all the official languages of the European Union.

Front-of-pack nutrition labelling in the European Union: a behavioural, legal and political analysis

2021 ◽  
pp. 1-24
Author(s):  
Vincent DELHOMME
Keyword(s):  
European Union ◽  
Dietary Habits ◽  
Legal Framework ◽  
The European Union ◽  
Present Contribution ◽  
Eu Member States ◽  
Nutrition Labelling ◽  
Political Analysis ◽  
Legislative Proposal ◽  
The Eu

Amidst a growing interest from European Union (EU) Member States, the European Commission recently announced that it would put forward a legislative proposal for the adoption of a harmonised and mandatory front-of-pack nutrition labelling scheme at the EU level. The present contribution discusses the implications of such an adoption, taking a behavioural, legal and policy angle. It introduces first the concept of front-of-pack nutrition labelling and the existing evidence regarding its effects on consumer behaviour and dietary habits. It then presents the legal framework currently applicable to (front-of-pack) nutrition labelling in the EU and discusses some of the main political and practical aspects involved with the development of a common EU front-of-pack label.

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.

Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum

10.12737/5251 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 68-74
Author(s):  
Габриэлла Белова ◽  
Gabriela Belova ◽  
Мария Хаджипетрова-Лачова ◽  
Maria Hadzhipetrova-Lachova
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Protective Mechanisms ◽  
Eu Member States ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Eu

The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.

Access to and Limits on Evidence Dossiers in Civil Law Systems

2019 ◽  
pp. 561-585
Author(s):  
Michele Caianiello
Keyword(s):  
European Union ◽  
Human Rights ◽  
Civil Law ◽  
Criminal Court ◽  
European Convention ◽  
The European Union ◽  
Eu Member States ◽  
Right To Information ◽  
The Right ◽  
Right Of Access

This chapter examines issues surrounding the right of access to and limits on evidence dossiers in civil law systems. It first provides an overview of the general aims pursued by the law in regulating the parties’ right of access to the investigative file before discussing supranational sources, such as the European Convention on Human Rights (ECHR) and the case law of the European Court on Human Rights (ECtHR). In particular, it explores how the jurisprudence of the Court of Justice of the European Union (CJEU) and certain directives adopted by the European Union on the right to information by defendants and by victims has influenced the criminal procedures of EU Member States. It also analyzes disclosure at the International Criminal Court (ICC) and concludes by explaining how civil law systems have changed in recent years, what their common features and shortcomings are, and how they could be improved.

The European Union and the Rights of Individuals in Criminal Proceedings

2019 ◽  
pp. 114-136
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
European Union ◽  
The European Union ◽  
Criminal Proceedings ◽  
Eu Directive ◽  
Transformative Potential ◽  
Right To Information ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
The Eu

This chapter considers the secondary legislation that has been adopted by European Union institutions under Article 82(2) TFEU (Treaty on the Functioning of the European Union) in the field of procedural rights in criminal proceedings. Article 82(2) TFEU is included in the Lisbon Treaty conferring to the EU express competence to adopt minimum standards on criminal procedure. The chapter first provides an overview of the EU Directive on the right to interpretation and translation, the right to information, the right of access to a lawyer, the right to legal aid, procedural rights of children, and presumption of innocence. It then discusses some of the key challenges in reaching agreement on EU standards on procedural rights in criminal proceedings, before concluding with an analysis of the transformative potential of EU law on procedural rights when viewed within the broader constitutional and institutional context of the EU.

scholarly journals The right to an effective remedy in European law: significance, content and interaction

2019 ◽  
Vol 6 (3-4) ◽  
pp. 163-174
Author(s):  
Wojciech Piątek
Keyword(s):  
European Union ◽  
Legal System ◽  
General Principle ◽  
Public Authority ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Effective Remedy ◽  
The Right

Abstract One of the basic rights and a general principle of the European Union is the right to an effective remedy. In the paper is presented the basis of the right to an effective remedy derived from the first paragraph of Article 47. The right could be realized only before a tribunal which is an extraordinary public authority competent to adjudicate civil, criminal and administrative cases. The effectiveness of a remedy manifests itself in the sense of preventing the alleged violation of law or its continuation, or in providing adequate redress for any violation that had already occurred. The standard of the right to an effective remedy is fulfilled in all EU Member States differently. As an example in the paper was presented interactions between above mentioned standards and polish legal system in the area of administrative judiciary.

Citizenship of the European Union

2020 ◽  
Author(s):  
Willem Maas
Keyword(s):  
European Union ◽  
Member State ◽  
European Integration ◽  
Political Agenda ◽  
The European Union ◽  
Sovereign State ◽  
European Elections ◽  
Official Languages ◽  
The Right ◽  
The Eu

Citizenship is usually conceptualized as a unitary and exclusive relationship between an individual and a sovereign state; yet the European Union (EU) has developed the most advanced form of contemporary supranational citizenship. Citizenship of the European Union guarantees EU citizens and most members of their families the right to move, live, and work across the territory of the EU. It also guarantees the right to vote in local and European elections in the member state of residence, the right to consular protection outside the EU when the member state of nationality is not represented, the right to access documents or petition Parliament or the Ombudsman in any of the official languages, and the right to be treated free from nationality-based discrimination. Though on the political agenda since the postwar origins of European integration, EU citizenship was not formalized into EU law until the Maastricht Treaty. Since then, the Court of Justice of the European Union (CJEU) has declared that “EU Citizenship is destined to be the fundamental status of nationals of the Member States” and there are ongoing discussions about the relationship between EU and member state citizenship. In terms of identity, increasing numbers of Europeans see themselves as citizens of the EU, and questions of citizenship are at the heart of debates about the nature of European integration.

scholarly journals Umocnienie praw jednostki w postępowaniu karnym w Unii Europejskiej a dyrektywa w sprawie dostępu do adwokata

2014 ◽  
pp. 11-34 ◽  
Author(s):  
Anastazja Gajda
Keyword(s):  
European Union ◽  
Legislative Process ◽  
The European Union ◽  
Criminal Proceedings ◽  
The Moment ◽  
The Right ◽  
Right Of Access ◽  
The Eu

The paper deals with the new Directive on the right of access to a lawyer in criminal proceedings in EU. The Directive aims at straightening of the rights of suspects (defendants) as a result of introduction of minimal standards (article 82 of the Treaty on the Functioning of the European Union). The Directive asserts the right of a suspect on the whole territory of the EU to remain in contact with his/her attorney from the moment of arrest until the end of criminal proceedings. The paper presents genesis of the Directive, the legislative process and analyses contents of the Directive.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

The Southern Gas Corridor infrastructure project – implications for the energy security of the European Union

2019 ◽  
Vol 17 (4) ◽  
pp. 79-99
Author(s):  
Justyna Misiągiewicz
Keyword(s):  
European Union ◽  
Soviet Union ◽  
Energy Security ◽  
Energy System ◽  
Caspian Region ◽  
The European Union ◽  
Energy Field ◽  
Eu Member States ◽  
Infrastructure Project ◽  
The Eu

Nowadays, energy security is a growing concern in state foreignpolicy. Interdependency in the energy field is a very important dimensionof contemporary relations between states and transnational corporations.Energy security is becoming a key issue for the European Union (EU). TheUnion is one of the world’s fastest-growing energy markets and the biggestimporter of energy resources. For the foreseeable future, Europe’s energydependence will probably increase. Facing a shortage of energy, Europe isdependent on imports and the EU member states need to diversify their energysupplies. The Caspian region contains some of the largest undevelopedoil and gas reserves in the world. After the collapse of the Soviet Union, thenewly independent Caspian states became open to foreign investment. Thegrowing energy needs have given the EU a strong interest in developing tieswith energy-producing states in the Caspian region to build the necessarypipeline infrastructure. In this analysis, the pipeline infrastructure that exists orwill be built in the near future will be presented. The analysis will concentrateon routes transporting gas from the Caspian region and the most importantproblems and solutions in designing the midstream energy system in the region.The key aim of the article is to analyse the Southern Gas Corridor (SGC)infrastructure project, which will inevitably contribute to the EU’s energy securityinterest.

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