scholarly journals Upcoming legal challenges for cross-border e-health services in the EU

2020 ◽  
pp. 86-97
Author(s):  
Rūta Janeckaitė
Keyword(s):  
Health Professionals ◽  
Legal Framework ◽  
Eu Law ◽  
Paper Briefly ◽  
Cross Border ◽  
Legal Challenges ◽  
Ehealth Services ◽  
The Right ◽  
Movement Angle ◽  
The Eu

The paper briefly describes the current EU legal framework in the healthcare field and assess to which extent it could apply to the provision of cross border eHealth services. In particular, it analyses the provision of such services from the free movement angle, i.e. whether EU law guarantees to health professionals access to and exercise of activiti es in the 3rd type of situations, as well as whether the insured persons have the right to reimbursement of costs of such healthcare from their social security system.

The Current Legal Framework on the Right to Seek Health Care Abroad in the European Union

2007 ◽  
Vol 9 ◽  
pp. 261-286
Author(s):  
Tamara K Hervey
Keyword(s):  
Health Care ◽  
European Union ◽  
Legal Framework ◽  
Eu Law ◽  
Seek Health Care ◽  
Number Of Patients ◽  
The Uk ◽  
The Right ◽  
To Receive ◽  
The Eu

Cases involving patients such as Mrs Yvonne Watts, who travelled from the UK to France for a hip replacement to avoid a ‘waiting list’ in the UK, relying on rights in European Union (EU) law, attract high levels of media attention. While the vast majority of patients are either unwilling or unable to travel across borders to receive health care, it is clear that some patients are seeking health care abroad. Although data on patient mobility within the EU are significantly limited, nevertheless, a relatively steady, small but not insignificant number of patients are moving across borders within the EU to receive health care. This paper considers the current legal framework on the rights in EU law of those patients who seek health care in another Member State. As the right to seek private health care abroad is (largely) non-contentious, and has been a well-established feature of EU law since at least the mid 1980s, the focus of this paper is on publicly or quasi-publicly funded health care.

scholarly journals LAW AND ECONOMY IN THE CONTEXT OF THE NEW PANDEMIC EMERGENCY: THE ECHR LEADING CASE MARCELLO VIOLA V. ITALY AND THE EU LAW

2021 ◽  
pp. 56-64
Author(s):  
M. Antinucci
Keyword(s):  
Industrial Production ◽  
Legal Framework ◽  
Right To Health ◽  
Eu Law ◽  
Political Position ◽  
The Right ◽  
The Eu

The analysis of the most recent Eurostat data shows that in March 2020 industrial production in the 19 countries of the Eurozone recorded a historical slump, decreasing by 11.3 % compared to February and by 12.9 % compared to a year earlier. The COVID-19 health emergency has led to the urgent need to take a political position on the right to health of prisoners in Italian prisons. The UE legal framework will therefore have to comply with the decision of the ECHR Marcello Viola v. Italy on “the right to hope”, jurisprudence that does nothing more than reaffirm the primacy of UE jurisprudence over national jurisprudence, even in the pandemic emergency context.

Legal Aspects of EU Military Operations

2011 ◽  
Vol 15 (1-2) ◽  
pp. 218-242 ◽  
Author(s):  
Frederik Naert
Keyword(s):  
International Law ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Aspects ◽  
Eu Law ◽  
Military Operations ◽  
Legal Challenges ◽  
Defence Policy ◽  
Domestic Law ◽  
The Eu

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.

scholarly journals Current issues and development tendencies of the right to a healthy environment in the EU law

2021 ◽  
Vol 55 (1) ◽  
pp. 185-204
Author(s):  
Bojan Tubić ◽  
Stefan Radojčić
Keyword(s):  
Legal Framework ◽  
Special Importance ◽  
Eu Law ◽  
Healthy Environment ◽  
The Usa ◽  
Development Goals ◽  
The Right ◽  
The Eu

In the light of current global tendencies and a concern for the issue of environmental protection, this paper aims to provide an analysis of most important issues in this field, within the EU Law. Elements of the right to a healthy environment are systematically regulated in the communitarian law. First, there is a long-standing normative activity of these issues, which in the last two years resulted in the adoption of new strategic documents. Second, jurisprudence of the ECJ has also followed development of the legislation, as well as circumstances in which those documents have been applied. Therefore, special attention is drawn to the newly-adopted general acts, created with long-term aims, and based on normative and factual experience over past decades. Its purpose is to achieve sustainable development goals in a multidimensional manner. Furthermore, an analysis of selected judgments of the ECJ shows the efficiency in application of relevant regulations and directives. Moreover, the interpretation of the EU law is of special importance, where the ECJ has a significant role. With regard to the universal character of this topic, the paper provides a short overview of the relevant legal framework in the USA, Norway and Serbia. Negotiations on the joining the EU imply the harmonization of domestic law with the standards of the communitarian law. By observing the Serbian environmental legal framework, it could be said that there is determination and concrete measures in the process of harmonization. On the basis of previously mentioned issues, authors structured the paper and aspects of the research contained therein, followed by the conclusions provided in the final chapter.

The Current Legal Framework on the Right to Seek Health Care Abroad in the European Union

2007 ◽  
Vol 9 ◽  
pp. 261-286 ◽  
Author(s):  
Tamara K Hervey
Keyword(s):  
Health Care ◽  
European Union ◽  
Legal Framework ◽  
Eu Law ◽  
Seek Health Care ◽  
Number Of Patients ◽  
The Uk ◽  
The Right ◽  
To Receive ◽  
The Eu

Cases involving patients such as Mrs Yvonne Watts, who travelled from the UK to France for a hip replacement to avoid a ‘waiting list’ in the UK, relying on rights in European Union (EU) law, attract high levels of media attention. While the vast majority of patients are either unwilling or unable to travel across borders to receive health care, it is clear that some patients are seeking health care abroad. Although data on patient mobility within the EU are significantly limited, nevertheless, a relatively steady, small but not insignificant number of patients are moving across borders within the EU to receive health care. This paper considers the current legal framework on the rights in EU law of those patients who seek health care in another Member State. As the right to seek private health care abroad is (largely) non-contentious, and has been a well-established feature of EU law since at least the mid 1980s, the focus of this paper is on publicly or quasi-publicly funded health care.

scholarly journals ALGORITHM TRANSPARENCY AS A SINE QUA NON PREREQUISITE FOR A SUSTAINABLE COMPETITION IN A DIGITAL MARKET?

2021 ◽  
Author(s):  
Maciej Hulicki
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Eu Law ◽  
Market Participants ◽  
On Demand ◽  
Antitrust Case ◽  
Legal Challenges ◽  
Market Practices ◽  
The Eu

Algorithms play a fundamental role in the digital economy. Their impact on the situation of market participants is significant. Hence, ensuring transparency of algorithms, through access to them, is crucial for the proper functioning of the market. Several models of algorithmic transparency are analyzed in the paper: from lack of transparency to complete regulation of algorithms. In particular, transparency through explanation, and “on-demand transparency” were proposed. The goal of the paper is to determine the optimal form and scope of regulation of this area, in order to ensure sustainable competition in the digital market. Hence, the paper focuses on the concept of algorithmic transparency, the nature of the competition in the digital market, the role of algorithms within the digital trade, and problems related to the regulation of algorithms. This allows to answering the question of whether algorithmic transparency is an indispensable condition for sustainable competition in the digital market, and what are the legal challenges, which may arise with respect to various models of algorithm transparency. The paper is embedded within the EU legal framework, discusses new legislative developments in the EU law, such as the proposal for the Digital Markets Act, and includes analysis of EU antitrust case-law and market practices.

Thematic Priorities For Sustainable Development of Ukraine-Romania Cross-Border Cooperation (The Case Study of Chernivtsi Region)

2020 ◽  
pp. 205-219
Author(s):  
Valentyna Bohatyrets ◽  
Liubov Melnychuk ◽  
Yaroslav Zoriy
Keyword(s):  
Foreign Policy ◽  
Quantitative Research ◽  
Legal Framework ◽  
Cultural Development ◽  
Cross Border ◽  
Strategic Orientations ◽  
The Impact ◽  
Further Development ◽  
Cross Border Cooperation ◽  
The Eu

This paper seeks to investigate sustainable cross-border cooperation (CBC) as a distinctive model of interstate collaboration, embedded in the neighboring borderland regions of two or more countries. The focus of the research revolves around the establishment and further development of geostrategic, economic, cultural and scientific capacity of the Ukrainian-Romanian partnership as a fundamental construct in ensuring and strengthening the stability, security and cooperation in Europe. This research highlights Ukraine’s aspirations to establish, develop and diversify bilateral good-neighborly relations with Romania both regionally and internationally. The main objective is to elucidate Ukraine-Romania cross-border cooperation initiatives, inasmuch Ukraine-Romania CBC has been stirring up considerable interest in terms of its inexhaustible historical, cultural and spiritual ties. Furthermore, the similarity of the neighboring states’ strategic orientations grounds the basis for development and enhancement of Ukraine-Romania cooperation. The authors used desk research and quantitative research to conclude that Ukraine-Romania CBC has the impact not only on the EU and on Ukraine multi-vector foreign policy, but it also has the longer-term global consequences. In the light of the current reality, the idea of introducing and reinforcing the importance of Cross-Border Cooperation (CBC) sounds quite topical and relevant. This research considers a number of explanations for Ukraine-Romania Cross-Border Cooperation as a key element of the EU policy towards its neighbors. Besides, the subject of the research is considered from different perspectives in order to show the diversity and complexity of the Ukraine-Romania relations in view of the fact that sharing common borders we are presumed to find common solutions. As the research has demonstrated, the Ukraine-Romania cross border cooperation is a pivotal factor of boosting geostrategic, economic, political and cultural development for each participant country, largely depending on the neighboring countries’ cohesion and convergence. Significantly, there is an even stronger emphasis on the fact that while sharing the same borders, the countries share common interests and aspirations for economic thriving, cultural exchange, diplomatic ties and security, guaranteed by a legal framework. The findings of this study have a number of important implications for further development and enhancement of Ukraine-Romania cooperation. Accordingly, the research shows how imperative are the benefits of Romania as a strategic partner for outlining top priorities of Ukraine’s foreign policy.

Cross-border Distribution of Collective Investment Products in the EU

2018 ◽  
Author(s):  
Matteo Gargantini ◽  
Carmine Di Noia ◽  
Georgios Dimitropoulos
Keyword(s):  
Home Country ◽  
Legal Framework ◽  
Business Rules ◽  
Investment Funds ◽  
Legal Rules ◽  
Section 8 ◽  
Cross Border ◽  
Product Regulation ◽  
Supervisory Practices ◽  
The Eu

This chapter analyzes the current regulatory framework for cross-border distribution of investment funds and submits some proposals to improve it. The chapter is organized as follows. Section 2 provides a schematic description of the legal taxonomy for collective investment schemes. Section 3 addresses the EU disclosure regimes that apply to the distribution of various types of investment funds. Sections 4 and 5 consider conduct-of-business rules and, respectively, the legal framework for the allocation of supervisory powers on product regulation when fund units are distributed in more than one country. Section 6 provides some data that help assess the performance of the current framework for cross-border distribution. It then analyzes some of the residual legal rules and supervisory practices that still make cross-border distributions of funds more burdensome than purely national distributions, whether these restrictions are set forth in the country where investors are domiciled (Section 7) or in the fund's home country (Section 8).

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

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