scholarly journals Prevention of Industrial Accidents in the EU Legislation

2018 ◽  
Vol 5 (2) ◽  
pp. 218-222
Author(s):  
Dariusz Materniak
Keyword(s):  
European Union ◽  
Hazardous Substances ◽  
Legal Regulations ◽  
The European Union ◽  
Industrial Accidents ◽  
Industrial Plants ◽  
Eu Legislation ◽  
Production Processes ◽  
Human Losses ◽  
The Eu

The development of civilization and technology is associated with the growing risks to the natural environment, primarily from the risks posed by industrial plants that use hazardous substances or production processes in process of production. The experience of the last few decades shows that such failures cause serious damage to the environment and material or human losses. To prevent such accidents and limit their possible consequences, legal regulations known as Seveso Directives have been developed within the European Union. They were adopted also in Poland as a EU member

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

Harmonization of the Ukrainian Legislation with the Legislation of the European Union with Regard to Trade Defence

2020 ◽  
Vol 82 ◽  
pp. 174-188
Author(s):  
Iuliia Lokshyna
Keyword(s):  
European Union ◽  
The European Union ◽  
Normative Documents ◽  
Eu Legislation ◽  
Eu Directives ◽  
The Eu

The issue of the necessity of approximation, adaptation or harmonization of the Ukrainian legislation with the EU legislation has been tackled by a number of scholars in Ukraine. A number of normative documents also paid considerable attention to this issue in general. However, there is still an issue of defining the most suitable term which would better purpose bringing legislation into conformity with the requirements of the EU. According to some scholars the notion “harmonization” could better reflect this process. This view is also shared by the author of this article. The article also discusses the importance and the need to pass new draft laws in the field of trade defence in Ukraine, in particular, regarding anti-dumping, countervailing measures and safeguards. Since some of the new articles correspond to similar provisions in the EU directives, this is viewed as an important step to harmonize the Ukrainian legislation with the legislation of the European Union in this sphere.

MIGRATION TRAFFIC AND PROTECTION OF EXTERNAL BORDERS THE EUROPEAN UNION

2020 ◽  
Vol XIV ◽  
pp. 1-2
Author(s):  
Beata Błażejewska ◽  
ZBIGNIEW CIEKANOWSKI
Keyword(s):  
European Union ◽  
Traffic Management ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
Member States ◽  
The Eu

The study analyzes the management of the borders of the European Union as a factor having a significant impact on improving the security of Member States. Legal regulations regulating the external borders of the Schengen Group, treated as land and sea borders as well as airports and seaports of the parties to the Schengen Convention are indicated, provided that these borders are not external borders that formally form borders. The role of entities supporting border traffic management in the European Union is described. In addition, an analysis of documented attempts to illegally cross the external borders of the EU and the borders of countries associated with the Schengen area between border control visits was made, indicating potential threats in this area.

Approximating Ukraine’s Laws to Those of the European Union Concerning Meat and Meat Products Cold Chain

2020 ◽  
Vol 9 (3) ◽  
pp. 978
Author(s):  
Kateryna O. RODIONOVA ◽  
Volodymyr M. STESHENKO ◽  
Ivan V. YATSENKO
Keyword(s):  
European Union ◽  
Meat Products ◽  
Legal Regulation ◽  
Cold Chain ◽  
The European Union ◽  
Meat Processing ◽  
Processing Industry ◽  
Eu Legislation ◽  
The Eu

The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.

Regulation of Nanomaterials in the EU: Proposed Measures to Fill in the Gap

2014 ◽  
Vol 5 (2) ◽  
pp. 228-235 ◽  
Author(s):  
David Azoulay ◽  
Vito Buonsante
Keyword(s):  
European Union ◽  
Environmental Law ◽  
The European Union ◽  
International Environmental Law ◽  
Eu Legislation ◽  
Hazard Risk ◽  
The Earth ◽  
The Eu

This report discusses a proposal fromthe Center for International Environmental Law(CIEL), ClientEarth and Friends of the Earth Germany (Bund) on the regulation of nanomaterials in the European Union. It discusses in particular, the proposal for a horizontal regulation on nanomaterials (also referred to as a nano-patch for existing legislation) that would fill in the regulatory gap on nanomaterials. The proposal goes beyond a review of the REACH text and encompasses all EU legislation relevant to nanomaterials. The proposed instrument would amend the REACH text with delimitation in scope to all areas relevant to nanomaterials (on the model of Regulation 1272/2008 on the classification, labelling and packaging of chemicals). The main aim of the regulation is to ensure that hazard, risk and exposure assessments for all forms and uses of such materials are adequately carried out and taken into consideration.

scholarly journals Whistleblowing systems: A systematic literature review on the design specifications and the consideration of the risk for organizational insiders to blow the whistle

2021 ◽  
Vol 18 (2) ◽  
pp. 60-73
Author(s):  
Sandra Scherbarth ◽  
Stefan Behringer
Keyword(s):  
European Union ◽  
Literature Review ◽  
Systematic Literature Review ◽  
The European Union ◽  
Member States ◽  
Eu Legislation ◽  
Design Specifications ◽  
Comprehensive Database ◽  
Data Basis ◽  
The Eu

Whistleblowing systems as internal company instruments for prevention and detection of compliance violations are increasingly recommended both in academic and practical literature. In the European Union, the discussion is currently activated by the EU legislation for better protection of whistleblowers, which needs to be transferred in national law by the member states end of 2021. This literature review examines the literature for the design specifications developed for whistleblowing systems under consideration of the risk for organizational insiders to blow the whistle. The purpose is to review the design specifications developed in scientific studies, the data basis on which they are built whether and, if so, how the risk for organizational insiders to blow the whistle is taken into account. A comprehensive database of literature has been examined. The result is systematic categorization of the specifications for the design of whistleblowing systems. Moreover, we conclude, that there is a lack of data basis for clear specifications. The research shows that in the design of whistleblowing-systems there is a lack of discussion of the risks for whistleblowers to suffer social and professional disadvantages

scholarly journals Ocena poziomu wydatków publicznych na funkcjonowanie systemu cyberbezpieczeństwa w Polsce na tle Unii Europejskiej

Studia BAS ◽  
2020 ◽  
Vol 3 (63) ◽  
pp. 127-153
Author(s):  
Marcin Kiestrzyn
Keyword(s):  
European Union ◽  
Final Section ◽  
Public Spending ◽  
Technological Advancement ◽  
Legal Regulations ◽  
The European Union ◽  
State Budget ◽  
Digital Space ◽  
Use Of Technology ◽  
The Eu

The main purpose of the article is to present and assess the changes in the directions of expenditure on cybersecurity in Poland from the state budget and their impact on the assessment of technological advancement in comparison with the EU. The formal and legal regulations that came into force over the last years in the EU and in Poland in this area are reviewed as well. The first part of the article focuses on the evolution of definitions and regulations regarding cyberspace, cybercrime and cybersecurity. It also highlights the entities involved in the cybersecurity system and their role in preventing threats in cyberspace. Next, the author briefly examines main threats in the digital space of the European Union and Poland. The final section assesses directions of financing cybersecurity in Poland versus the EU. The author argues that as the use of technology increases, it will be necessary to increase public spending on cybersecurity in order to maintain the level of security.

scholarly journals Wzrost znaczenia instrumentów inwestycyjnych w polityce regionalnej Unii Europejskiej w perspektywie finansowej 2014-2020

Politeja ◽  
2020 ◽  
Vol 17 (4(67)) ◽  
pp. 128-147
Author(s):  
Małgorzata Michalewska-Pawlak ◽  
Monika Klimowicz
Keyword(s):  
European Union ◽  
Regional Policy ◽  
Scientific Literature ◽  
Legal Regulations ◽  
The European Union ◽  
Structural Funds ◽  
Political Interests ◽  
Financial Framework ◽  
Social Environmental ◽  
The Eu

The Increase of Significance Investment Instruments in Regional Policy of the European Union after 2014 The main objective of this paper is to analyse the increase of significance investment instruments in regional policy of the European Union after 2014. The reasons of this phenomenon have been pointed out in the context of the European Union structural funds. They refer to political interests, economic, social environmental challenges faced by the EU regions under conditions of limitation the EU expenditure on regional development financing. Solutions in the following areas: objectives, priorities and rules of intervention of the structural funds have been presented – those which have an investment dimension. Investment approach is going to be carried on in the next Multiannual Financial Framework after 2020. The paper has been elaborated based on using method of institutional analysis the key EU regional policy legal regulations and existing scientific literature.

scholarly journals «X and X v Belgium»: the need for EU legislation on humanitarian visa

sui generis ◽  
2017 ◽  
Author(s):  
Margarite Helena Zoeteweij-Turhan ◽  
Andrea Romano
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Advocate General ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Eu

This article examines the recent judgment of the Court of Justice of the European Union in the case of X and X v. Belgium (C-638/16 PPU). The issue at stake concerns an application for a visa with limited territorial validity (LTV) requested by a Syrian family at the Belgian embassy in Beirut in order to apply for asylum in Belgium. The article discusses the different interpretations given by the Advocate General and the Court of Justice and agrees with the AG that the EU Charter of Fundamental Rights leaves a limited margin of discretion to Member Sates and imposes a positive obligation to issue a LTV Visa in cases like X and X. It also concludes that the judgment in question clearly shows the need for the EU to adopt legislation regulating the issuance of humanitarian visas under the Visa Code.

Prawne i instytucjonalne podstawy polityki informacyjnej Unii Europejskiej

2015 ◽  
pp. 26-57 ◽  
Author(s):  
Marta Jas-Koziarkiewicz
Keyword(s):  
European Union ◽  
20Th Century ◽  
21St Century ◽  
Institutional Analysis ◽  
Document Analysis ◽  
Information Policy ◽  
Legal Regulations ◽  
The European Union ◽  
Historical Method ◽  
The Eu

The aim of this article is to present the legal regulations that have determined the framework of the European Union’s information policy at the end of the 20th century and at the beginning of the 21st century. The article will also present the entities which implement this policy. The analysis intends to find answers to the following questions: how can we define information policy, and further, the information policy of the European Union? which legal regulations determine the framework of the EU information policy and how did the policy develop? which entities stand behind the policy? what methods and tools were deemed useful for implementing the policy? Finding the answers to these questions will allow us to validate the hypothesis that the realisation of the European Union’s information policy in the last decade of the 20th century and at the beginning of the 21st century is based on a strategy defined in legal acts and that the number of objectives, methods and tools, and the entities authorised to implement the policy has been growing in the succeeding regulations.In order to answer the questions defined in such way and for the sake of the hypothesis, the following methodologies were applied: historical method, legal and institutional analysis, and document analysis.

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