scholarly journals A Comparative Legal Analysis of the Right of Association in Trade Unions in Ukraine and the Countries of the European Union

Teisė ◽  
2021 ◽  
Vol 120 ◽  
pp. 128-139
Author(s):  
Serhii Kaplin
Keyword(s):  
European Union ◽  
Trade Unions ◽  
National Level ◽  
International Standards ◽  
Legal Analysis ◽  
The European Union ◽  
Public Authorities ◽  
Economic Rights ◽  
The Status ◽  
The Right

The constitutional regulation of the status of trade unions in Ukraine has incorporated all international standards and, in comparison with some constitutions of the states of the European Union, contains detailed regulation of this right. The effective functioning of the institution of trade unions can have a significant impact not only on the protection of the social and economic rights of workers in the process of interaction with employers, but also influence the public authorities in order to optimize the implementation of social policy at the national level and reduce social tension.

scholarly journals The Phenomenon of Digital Labour Platforms

2020 ◽  
Vol 27 (4) ◽  
pp. 217-229
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Trade Unions ◽  
New Technologies ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
Almost All

In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.

20. Economic rights: workers, establishment and services

2020 ◽  
pp. 470-506
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Regulatory Competition ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Economic Rights ◽  
The Right

This chapter examines the provisions of European Union (EU) law concerning economic rights provided by Articles 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), concerning workers, establishment and services respectively. It discusses the Court of Justice’s (CJ) interpretation and its impact on Member States’ ability to regulate the right to trade within their own territory, as well as regulatory competition between Member States. The chapter discusses the harmonization of qualifications (including the Qualifications Directive), the free movement of lawyers and the Services Directive.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

PECULIARITIES OF GUARANTEES OF REALIZATION OF ECOLOGICAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS IN UKRAINE: QUESTIONS OF THEORY

2017 ◽  
Author(s):  
Halyna Pryshliak ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Full Range ◽  
International Standards ◽  
Soviet Society ◽  
The European Union ◽  
Environmental Rights ◽  
Economic Rights ◽  
National Legislation ◽  
The Right

Numerous ideological dogmas and "propaganda struggles" over human rights, which took place for decades, did not make it possible to realistically comprehend and solve the problems of individual rights in Soviet society in full, according to a certain level of progress,say in the European Union. Such dogmas include the assertion that only socialism is able to fully guarantee human rights, that the main socio-economic rights for man and his freedom. Thus, freely or not, political and personal, spiritual and human rights, and even more so, environmental ones were underestimated. Unfortunately, this view reflected the actual practice in the former USSR and other former socialist countries. In the field of political, spiritual and personal rights and freedoms, there were quite a few forbidden topics, and environmental ones were not singled out at all. At the same time, competent jurists, both during the years of stagnation and during the so-called perestroika, consistently developed and defended the idea of human and civil rights. The article considers the problem of realization of human and civil rights and freedoms and guarantees of observance of international standards of ecological human rights in the national legislation. Emphasis is placed on the implementation of international norms in the field of human rights and freedoms in the practice of national legislation. It is proposed to supplement the current legislation with the right of citizens and their associations to control the bodies of state power and local self-government in the environmental sphere. It is concluded that problems with the realization of environmental rights and freedomsin Ukraine, unfortunately, exist. The level of theirimplementation islow, therefore, it can be stated that the level of efficiency is also low. In addition, it should be noted that citizens' awareness of the full range of their environmental rights and freedoms, which are enshrined in the Constitution of Ukraine, and their continued application, will lead to their implementation at the appropriate democratic and legal level.

scholarly journals The Roots of Legal Problems Arising in the Course of Automatic Exchange of Information in Tax Matters Between the EU and Russia

2021 ◽  
Vol 9 (4) ◽  
pp. 99-127
Author(s):  
Gennadi Tolstopyatenko ◽  
Stanislav Ageev
Keyword(s):  
European Union ◽  
Point Of View ◽  
International Standards ◽  
The European Union ◽  
Legal Basis ◽  
National Legislation ◽  
Exchange Of Information ◽  
Legal Problems ◽  
The Right ◽  
The Eu

This article is devoted to the roots of material and procedural legal problems arising in the course of the automatic exchange of information between the European Union (EU) and Russia. This matter is topical since automatic exchange of information is a method of cooperation between tax authorities from different countries that is new and rapidly developing. From our point of view, it is high time to discuss some of the legal problems that are inherent in automatic exchange of information. As far as we can see, the fundamental problems are: (1) th problem of choosing an appropriate legal basis for automatic exchange of information and (2) the problem of the international standards for automatic exchange of information developed by the Organisation for Economic Co-operation and Development (OECD) being implemented to differing extents in the national legislation of different countries. In this article we suggest ways of solving the aforementioned problems in order to make automatic exchange of information between the EU and Russia more comfortable at the intergovernmental level. The solution of these problems will help to concentrate on another issue – the problem of protecting taxpayers’ rights, primarily the right to confidentiality, which is beyond the scope of this article but still very important in the light of the enhancement of global tax transparency.

scholarly journals The Chronology of the Negotiations that Led to the Historic Moment of the Signing of the Brexit Agreement

2020 ◽  
Vol 4 (1) ◽  
pp. 53-69
Author(s):  
Dumitrita Florea ◽  
◽  
Narcisa Gales ◽  
◽  
◽  
...  
Keyword(s):  
European Union ◽  
Member State ◽  
Historical Context ◽  
The United States ◽  
The European Union ◽  
International Affairs ◽  
The Status ◽  
Article 50 ◽  
The Right ◽  
The Eu

The reality is that we have witnessed in the last 4 years, since the procedure of negotiating the withdrawal of the United Kingdom from the European Union in 2016 has started, a real political impasse on the stage of European relations. Who would have imagined on the 1st of January 1973, when England became a member of the European Union after many indecisions – some of them more arrogant than others that in 47 years' time it will be the first Member State to avail itself of Article 50 of the Treaty of Lisbon, which for the first time provided for the right of a Member State to withdraw voluntarily from the European Union? If we look a little at the historical context of England's accession to the EU, we may see similar hesitations that have delayed it so much in joining the EU. Although after the end of the Second World War the economic situation of England was precarious, it still manages to become one of the great world powers. However, in 1951 it refused to join the founding group of the ECSC and also refused to sign the Treaty of Rome in 1957. England believed that the status of leader of the Commonwealth offered you a privileged status compared to other European states in international affairs, especially those with the United States of America, but, nevertheless, it did not bring benefits in the relations with the 6 European states, that were going to establish the European Union. When it realized that this was not a good way for things to happen, in 1961 announced its intention to join the European Economic Community, only that in 1963 France voted against the request. It was only after Charles de Gaulle's resignation in 1969 that the United Kingdom's path to accession was opened. Political and economic integration seemed to be the best solution for achieving a stable economic future.

Eficacitatea măsurilor adoptate de Uniunea Europeană pentru sprijinirea statelor membre în perioada pandemiei de Covid-19

2020 ◽  
Vol 2020 (2020) ◽  
pp. 242-255
Author(s):  
Mihaela-Augustina DUMITRAȘCU ◽  
◽  
Oana-Mihaela SALOMIA
Keyword(s):  
European Union ◽  
Positive Impact ◽  
National Level ◽  
Point Of View ◽  
Legal Analysis ◽  
The European Union ◽  
State Of Emergency ◽  
Member States ◽  
Health Crisis ◽  
Restrictive Measures

"The European Union has faced an unprecedented health crisis in recent months, followed by a major economic crisis for member states. In accordance with the competences assigned to it by the Member States, the Union has acted in the medical, economic and financial fields, providing financial and logistical support to the Member States, however, at the beginning of the pandemic, it was observed that the Union faced at least two sensitive issues, namely the lack of visibility of its actions and the reaction of some Member States or acceding countries that were “abandoned” in the fight against the virus. Gradually, the Union institutions have begun to take concrete and effective measures, with a positive impact on both health and economic levels. At the same time, given that many Member States have triggered a state of emergency at national level which has involved, inter alia, the restriction of certain rights and freedoms, the European institutions have adopted certain similar restrictive measures, in particular movements of goods and persons; these restrictions must comply with the specific provisions of primary and secondary Union law, as well as the case law of the Court of Justice of the European Union. In conclusion, from the point of view of the legal analysis of the construction of the Union, it is important to follow the outlines of reflections on overcoming this crisis and how they will lead to the revision of the EU Treaties both in terms of institutional structure and competence."

MAIN DIRECTIONS OF ADAPTATION OF UKRAINIAN LEGISLATION TO EU LAW

2017 ◽  
Author(s):  
Daryna Kosinova ◽  
◽  
Daryna Tkach ◽  
Vladyslav Melnychenko ◽  
◽  
...  
Keyword(s):  
European Union ◽  
International Agreements ◽  
The European Union ◽  
Public Authorities ◽  
Member States ◽  
The Status ◽  
Annual Reporting ◽  
History Of ◽  
The Law ◽  
Energy Community

The article is devoted to defining the essence and main directions of adaptation of the legislation of Ukraine to the law of the European Union. The meaning of the term "adaptation" and the peculiarities of its legislative consolidation are established. In addition, the peculiarities of the process of adaptation of the legislation of Ukraine to the acquis communautaire (acquis) are determined. The article analyzes the history of the idea of adapting the legislation of Ukraine to the law of the European Union through the prism of concluded international agreements, according to which Ukraine has undertaken to reform its own legislation. The essence and significance of the most important of them are clarified: Partnership and Cooperation Agreements between Ukraine and the European Communities and their Member States (PCA) of June 14, 1994, which became one of the main elements of creating an institutional mechanism for adaptation and regulatory framework. for the consistent and effective implementation of this important vector of legal reform; Association Agreements between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, which has become the largest international legal instrument in the history of Ukraine and the largest international treaty with a third country ever concluded by the European Union. The article analyzes the main legal acts of national legislation on the implementation of the provisions of international agreements to bring the legislation of Ukraine in line with the EU acquis. The annual reporting is detailed, which details the activities of public authorities in each of the areas of adaptation. Based on this reporting, the article analyzes the fulfillment of Ukraine’s commitments and the status of their fulfillment in percentage terms. In addition, an assessment is made of the effectiveness of the activities of public authorities in taking measures to implement Ukraine’s commitments and identifies the main areas for improving their activities.

Metodologia badań nad komitologią w zakresie analizy wpływu jej funkcjonowania na treść prawa uchwalanego w Unii Europejskiej

2020 ◽  
pp. 21-28
Author(s):  
Weronika Borkowska
Keyword(s):  
European Union ◽  
National Level ◽  
Practical Aspect ◽  
Legal Analysis ◽  
The European Union ◽  
Structural Element ◽  
Research Perspective ◽  
Reasonable Approach ◽  
Fusion Theory ◽  
The Impact

The article presents methodological theories, application of which, when adopting the political and legal research perspective, makes it possible to analyse the impact of comitology on the shape of law adopted in the European Union. The author assumes that in consideration of equally complex decision-making centers as comitology committees, whose structural element is their location between two levels – the Community and the national level, it is impossible to limit to only one research method. The purpose of the article is an attempt to demonstrate that the most reasonable approach to comitology research is to use institutional and legal analysis, which is based on theoretical assumptions combining political and legal sciences and to supplement it to explain phenomena occurring within the comitology committees by applying the assumptions of the theory PAT (Principal–Agent Theory), the Scharpf’s theory of legitimacy of power, Wessels’s fusion theory and analysis of empirical data. This approach is designed to enable the examination of normative acts, in which legal basis of functioning of the comitology institutions (i.e. the EU founding treaties, comitology regulations and judgments of the Court of Justice of the European Union), as well as to highlight a number of issues relevant to the practical aspect of the functioning of comitology committees.

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