scholarly journals EU on the way toward Health Union

2020 ◽  
pp. 32-38
Author(s):  
Olga Potemkina ◽  
Keyword(s):  
Health Policy ◽  
Member States ◽  
Freedom Of Movement ◽  
Joint Procurement ◽  
Medical Instruments ◽  
Eu Regions ◽  
Risk Zones ◽  
Eu Commission ◽  
Colour Coding ◽  
The Eu

The article deals with numerous initiatives of the EU Commission, both legislative and political, aimed at strengthening the MS coordination in the field of health. Based on the Commission’s recommendations on restrictions of freedom of movement, the author analyzes the «colour coding» of the EU regions to discover travelers arriving from «risk zones», and identifies conflicting approaches of Member States and other critics to this practice. The author shows interest in Commission’s activities for joint procurement of coronavirus vaccines and other medicines and medical instruments, which it carries out using the power received from the Member States. However, the author notes that only a few MS take advantage of these contracts, preferring their national procurement channels. The author considers Commission’s desire to take the next steps in the direction of the Health Union a significant event in the EU health policy. In conclusion, the author foresees upcoming discussions about who will make decisions in the field of health policy in the EU.

scholarly journals Assessing the EU Framework Regulation for the Screening of Foreign Direct Investment—What Is the Effect on Chinese Investors?

2020 ◽  
Vol 6 (1) ◽  
pp. 36-70
Author(s):  
Paweł Mateusz Gadocha
Keyword(s):  
The European Union ◽  
Member States ◽  
The Public ◽  
Freedom Of Movement ◽  
Chinese Investment ◽  
Legal Questions ◽  
Relevant Effect ◽  
Cooperation Mechanism ◽  
New Framework ◽  
The Eu

Abstract An increase of Chinese investment into the territory of the European Union has raised EU regulators’ concerns regarding the public security of the EU. As a result, the new Framework Regulation 2019/452 establishing a framework for the screening of FDI into the EU was adopted as a legal instrument aimed at their control, applicable from 11 October 2020. Adopted within the scope of Common Commercial Policy of the EU, the Framework Regulation, however, might not become an effective legal measure, as its application by Member States both in light of the freedom of movement of capital and the relevant CJEU jurisprudence raises significant legal questions. This article broadly discusses the newly introduced cooperation mechanism between Member States and the European Commission, as well as the relevant effect of the Framework Regulation upon Chinese investment and the pending negotiations of the EU-China BIT.

Internal migrants in EU may face tougher benefit rules

2016 ◽  
Keyword(s):  
Labour Market ◽  
Refugee Crisis ◽  
Member States ◽  
Content Type ◽  
Freedom Of Movement ◽  
The Core ◽  
The Past ◽  
Internal Migrants ◽  
Market Shocks ◽  
The Eu

Significance The EU is built around the 'four freedoms', which together form the core of the internal market. Economically, freedom of movement is meant to smooth out asymmetrical labour market shocks by allocating labour where it is needed most. In the past, intra-EU mobility has been relatively low and mostly reflected a widening welfare gap between older member states and those that joined after 2004. As a result, fears of 'welfare tourism' have risen, despite the fact that empirical evidence for it is scarce. Impacts The issue of welfare tourism will continue to dominate the debate. Who is eligible for what welfare payments in other member states will, therefore, continue to occupy courts across Europe. Because of the current refugee crisis, the rules on third-country nationals will come under scrutiny again.

scholarly journals Fundamental Rights as the Cornerstone of Schengen

2021 ◽  
Vol 23 (4) ◽  
pp. 508-534
Author(s):  
Tineke Strik
Keyword(s):  
National Level ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Current Response ◽  
Member States ◽  
Full Compliance ◽  
Enforcement Mechanisms ◽  
Eu Commission ◽  
The Eu

Abstract Although the Schengen Border Code (SBC) explicitly obliges Member States to apply the Schengen rules in full compliance with the fundamental rights, Member States’ adherence to this obligation can be questioned in light of recurrent and reliable reports about fundamental rights violations at the EU’s external borders. This contribution will examine why, apart from the deficiencies in the SCHE-VAL mechanism, the current response towards fundamental rights violations at the border is ineffective. First, it will analyse the legal framework, including the implementing rules, to see if additional guidance is needed. Second, the enforcement mechanisms will be examined: how are violations being addressed at the national level, and how does the EU Commission perceive and fulfills its role regarding enforcement of compliance? As the Commission has often referred to the monitoring mechanism as proposed in the draft Screening Regulation, the contribution will examine to what extent this New Pact file will help to resolve the current impunity. Finally, the article will analyse the role of Frontex regarding human rights violations by Member States. What is their responsibility, how do they perform it, and who is enforcing compliance by Frontex?

scholarly journals A proposed common training framework for specialists in laboratory medicine under EU directive 2013/55/EC (The recognition of professional qualifications)

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Gijsbert Wieringa ◽  
Josep Queraltó ◽  
Evgenija Homšak ◽  
Nuthar Jassam ◽  
Etienne Cavalier ◽  
...  
Keyword(s):  
Clinical Chemistry ◽  
Position Statement ◽  
Laboratory Medicine ◽  
European Federation ◽  
Member States ◽  
Eu Member States ◽  
Eu Directive ◽  
Specialist Practice ◽  
Eu Commission ◽  
The Eu

AbstractEuropean Union (EU) Directive 2013/55/EC (The Recognition of Professional qualifications) allows Member States to decide on a common set of minimum knowledge, skills and competences that are needed to pursue a given profession through a Common Training Framework. To be adopted the framework must combine the knowledge, skills and competences of at least one third of the Member States. Professionals who have gained their qualifications under a Common Training Framework will be able to have these recognised automatically within the Union. The backbone of the European Federation of Clinical Chemistry and Laboratory Medicine’s (EFLM) proposed Common Training Framework for non-medical Specialists in Laboratory Medicine is outlined here. It is based on an Equivalence of Standards in education, training, qualifications, knowledge, skills, competences and the professional conduct associated with specialist practice. In proposing the recognition of specialist practice EFLM has identified 15 EU Member States able to meet Equivalence and in whom the profession and/or its training is regulated (an additional EU Commission requirement). The framework supports and contributes to the Directive’s enabling goals for increasing professional mobility, safeguarding consumers and ensuring a more equitable distribution of skills and expertise across the Member States. It represents EFLM’s position statement and provides a template for professional societies and/or competent authorities to engage with the EU Commission.

scholarly journals Status obywatela UE a Europejski Program w zakresie Migracji

2021 ◽  
Vol 47 (22 (180)) ◽  
pp. 163-182
Author(s):  
Katarzyna Strąk
Keyword(s):  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
Research Material ◽  
Legal Situation ◽  
The Status ◽  
The Subject ◽  
The Impact ◽  
The Eu

Przedmiotem tego artykułu jest próba oceny wpływu Europejskiego programu w zakresie migracji z 2015 r. na status obywatela UE. Ocena ta została zrealizowana w kontekście swobody przemieszczania się na podstawie art. 21 TFUE w dwóch obszarach. Pierwszym z nich jest tymczasowe wprowadzenie kontroli na granicach wewnętrznych państw członkowskich UE, drugim – środki przyjmowane przez państwa członkowskie, związane z utrzymaniem porządku publicznego i bezpieczeństwa publicznego, w tym ochroną przed zagrożeniem terrorystycznym. Materiał badawczy jest jednak stosunkowo nieliczny, ogranicza się do wybranych przepisów Kodeksu Granicznego Schengen i wybranych spraw przed Trybunałem Sprawiedliwości UE, w dalszym ciągu w większości przypadków jeszcze nierozstrzygniętych. Mimo to z analizy tej wynika konkretny wniosek. Przepisy unijne, nawet jeśli faktycznie ograniczają sytuację prawną obywateli unijnych, wpisują się w zakres ograniczeń dopuszczalnych. Rzeczywisty wpływ na ograniczenie praw wynikających z posiadania statusu obywatela UE mają przepisy państw członkowskich. Status of Citizen of the European Union and European Agenda on Migration The subject of this article is to attempt to assess the impact of the 2015 European Agenda on Migration on the status of an EU citizen. This assessment was carried out in the context of freedom of movement under Article 21 TFEU, within two areas. The first one is the temporary introduction of controls at the internal borders of EU Member States, the second one are measures adopted by Member States and related to the maintenance of public order and public security, including protection against the terrorist threat. The research material is however relatively sparse, limited to selected provisions of the Schengen Borders Code and selected cases before the Court of Justice of the EU, still mostly pending. Nonetheless, one conclusion that emerges from this analysis is that EU rules, even if they actually restrict the legal situation of EU citizens, fall within the scope of acceptable restrictions. The real impact on the limitation of the rights attached to the status of EU citizen is in the Member States’ legislation.

scholarly journals The EU, the member states and the future of public broadcasting

2005 ◽  
pp. 231-237 ◽  
Author(s):  
Christina Holtz- Bacha
Keyword(s):  
Public Service ◽  
Active Role ◽  
Public Broadcasting ◽  
Member States ◽  
Public Service Broadcasting ◽  
Special Circumstances ◽  
Considerable Pressure ◽  
Eu Commission ◽  
State Aids ◽  
The Eu

Public service broadcasting (PSB) has come under considerable pressure by the EU Commission. This is due to the fact that the Commission treats broadcasting as a service as any other and therefore applies the competition regulation of the EC Treaty to broadcasting stations, independent of their commercial interests or public service mission. Against this background, the financing of public broadcasting is regarded as being state aids that are only allowed under special circumstances. In recent years, several commercial broadcasters from different member states filed complaints and claimed distortion of competition through state aids for public service broadcasting. At first, the Commission remained reluctant but has meanwhile adopting an active role, finally pushing aside the member states although, according to the Amsterdam Protocol, they have the competence to define the remit of PSB and to decide about its funding. This battle is about to change the broadcasting systems of the European countries where PSB has been a defining feature for more than 50.

scholarly journals Renegotiating the European Union’s free movement and social security coordination policies: Britain’s approaches and interests

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Thomas Milton
Keyword(s):  
Social Security ◽  
European Integration ◽  
Internal Migration ◽  
Free Movement ◽  
Social Benefits ◽  
Social Rights ◽  
Member States ◽  
Freedom Of Movement ◽  
The Eu ◽  
Intergovernmental Negotiations

The EU’s freedom of movement has increasingly been brought into question in the last few years as member states have restricted social benefits for EU migrants. Britain proposed in-work benefit restrictions for economically active EU migrants in intergovernmental negotiations leading up to the referendum on its membership to the EU. Access to social benefits is an important component of free movement. It provides EU citizens with social rights in host member states, which promotes internal migration. Restricting free movement threatens European integration because it is a fundamental EU treaty right. This article analyses Britain’s preferences towards the EU’s free movement and social security coordination policies leading up to the Brexit referendum. Britain’s identity, and conceptions of statehood and European.

scholarly journals Legitimizing pre-emptive data surveillance under the EU law: the case of the PNR Directive

2021 ◽  
Vol 83 (1) ◽  
pp. 115-127
Author(s):  
Julia Wojnowska-Radzińska
Keyword(s):  
Member State ◽  
Eu Law ◽  
Member States ◽  
Eu Countries ◽  
Serious Crime ◽  
Data Surveillance ◽  
Surveillance Practice ◽  
The Individual ◽  
Eu Commission ◽  
The Eu

The paper analyses the PNR Directive as pre-emptive data surveillance practice. The 2016/681 Directive regulates the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. It obliges airlines to hand national authorities passengers’ data for all flights from third countries to the EU and vice versa, but Member States can also extend it to ‘intra-EU’ ones (i.e. from an EU country to one or more other EU countries), provided that they notify the EU Commission. Thus, PNR Directive affects all passengers who arrive in the territory of one Member State originating from a third country, or who depart from a Member State’s territory to a non-EU country, including any transfer or transit flights. Using PNR data, the individual is profiled and encoded in terms of degrees of risk.

scholarly journals LEGAL PROTECTION OF THIRD-COUNTRY NATIONALS IN THE EUROPEAN UNION

2016 ◽  
Vol 1 (127) ◽  
pp. 95-103
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Common System ◽  
Additional Protection ◽  
Eu Commission ◽  
The Eu ◽  
Common Policy ◽  
Third Country Nationals

The article is devoted to the legal analysis of the EU common policy in order to provide protection to third country nationals. To control the issues caused by a significant increase of the number of asylum seekers and refugees into the territory of the EU Member States the European Union is developing a common policy on asylum and protection of third-country nationals crossing the external borders of the EU Member States. The EU common policy in this area is the European Union coordination policy to establish common rules for asylum for third-country nationals; establish common rules to provide the additional security for third-country nationals who without obtaining the European asylum in whole, however, need the international protection; to create a common system of temporary protection for displaced persons in regard of their substantial influx; to determine common procedures for granting and withdrawing of a single asylum status or additional protection. Special attention is paid to the analysis of the asylum procedure of third-country nationals. As well as issues related to the protection of external borders, visa and immigration policies TFEU predicts a joint adoption by the European Parliament and the Council decision under the ordinary legislative procedure, id est voting for proposal of the EU Commission. Simultaneously, under the TFEU, if within one or more EU Member States there is an emergency situation characterized by a sudden influx of third-country nationals, the EU Council for the EU Commission proposal and acting after the consultations with the European Parliament may adopt temporary measures in favor of the interesting Member States. Nowadays the European Union is in dynamic and permanent development process of a common policy to provide protection to third-country nationals. This policy is implemented through the use of the EU method of coordination in matters relating to the establishment of the common status of asylum for third-country nationals; determining the status of a common additional protection for third-country nationals; the introduction of a common system of temporary protection for displaced persons; establishing of common procedures for granting and withdrawing of a common asylum status or additional protection.

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