scholarly journals Cardiovascularis betegségek megítélése a gépjárművezetői engedélyek kiadásának vagy meghosszabbításának szempontjából az európai uniós jogharmonizációt követően

2019 ◽  
Vol 160 (10) ◽  
pp. 370-377
Author(s):  
Ernő Végh ◽  
Balázs Kiss ◽  
Csaba András Dézsi
Keyword(s):  
European Union ◽  
Cardiovascular Diseases ◽  
Eu Law ◽  
The European Union ◽  
National Regulation ◽  
Eu Member States ◽  
Consensus Document ◽  
Medical Evaluation ◽  
Expert Consensus Document ◽  
The Eu

Abstract: The European Union (EU) law harmonization expects from each EU country to apply the same principles and same standards of the medical evaluation of driving licenses. All EU member states have to apply common evaluations of the driving licenses – based on the EU Regulation 2016/1006 – at the latest from January of this year. Hungary launched this new regulation on the 12th of January 2018. The most important source document of the current national regulation is the expert consensus document “New Standards for Driving and Cardiovascular Diseases” published in 2013. This is the professional evaulation of the cardiovascular diseases which can influence driving, and its importance is highlighted because even the Hungarian law listed this document as a resource. In this summary, in accordance with the current law, we provide a practical guide for the day-to-day work of assessing the permission of driving licence in connection with the different kinds of cardiovascular diseases. Orv Hetil. 2019; 160(10): 370–377.

Treaties between EU Member States as Quasi-Instruments of EU Law

2018 ◽  
Author(s):  
Bruno De Witte ◽  
Thibault Martinelli
Keyword(s):  
European Union ◽  
Legal Order ◽  
Close Connection ◽  
Euro Crisis ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Eu

This chapter deals with legal instruments that formally speaking are not EU legal acts, but whose function is so intimately linked to the EU legal order that they can be called ‘quasi-instruments of EU law’. These are treaties concluded between all of the EU Member States (complementary agreements) or between only a selected number of them (partial agreements), in close connection with the operation of the European Union. Such international ‘side agreements’ have lately become rather prominent and controversial, particularly in the context of the euro crisis. The chapter discusses the variety of reasons for the adoption of those instruments, as well as the questions of legitimacy and compatibility with EU law which they raise.

SOME ASPECTS OF PROTECTION OF RIGHTS OF PARTICIPANTS OF THE STATE DEFENSE ORDER WHEN CHALLENGING BIDDING RESULTS

Lex Russica ◽  
2019 ◽  
pp. 37-46
Author(s):  
V. Yu. Slepak
Keyword(s):  
European Union ◽  
Effective Control ◽  
Professional Activity ◽  
Access To Justice ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Restrictive Measures ◽  
The Eu

The article deals with some features of the systems of revision of decisions made in the compliance with the results of procurement procedures in the EU Member States in the light of the requirements of EU law. In particular, the author investigates the EU law requirements applied to bodies reviewing decisions in the context of the need to determine the balance between the principle of procedural autonomy of the European Union member States (Article 4 of the Treaty on European Union) and the principles of efficiency and equivalence (derived from jurisprudence interpreting Article 19 of the Treaty on European Union). Also, the paper analyzes the problems arising while determining the applicant’s locus standi, since an excessively narrow interpretation of the notion “interest in obtaining a relevant contract” may serve as an unreasonable restriction for the access to the procedures of reviewing and, more generally, access to justice. The author explores the issues of applying such grounds in order to exclude the procurement participant from the number of bidders on the ground of “commission of a significant violation of the rules of professional activity” in the understanding of EU restrictive measures applied to managers of the procurement participant. There may be situations when the actions of the sole executive body result in the application of restrictive measures and that may be considered as evidence of the commission of a fundamental violation of rules of professional activity; the article considers standings that both confirm this thesis and indicate an excessively broad interpretation of this rule. On the one hand, the European Court of Justice has affirmed that organs of governance, especially the sole executive bodies, have a decisive influence and effective control over business activity to such an extent that their actions can be regarded as actions of the company also with regard to issues of liability. On the other hand, restrictive measures themselves do not, by their nature, constitute a measure of liability. However, the question of whether national authorities have the right to reassess the conclusions of the EU Council with regard to challenging the bidding results remains open.

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.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

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.

scholarly journals Crisis and Intergovernmental Retrenchment in the European Union? Framing the EU’s Answer to the COVID-19 Pandemic

2020 ◽  
Author(s):  
Eugenio Salvati
Keyword(s):  
European Union ◽  
Institutional Capacity ◽  
Social Effects ◽  
Political Integration ◽  
The European Union ◽  
Key Factors ◽  
Core State ◽  
Eu Member States ◽  
Supranational Institutions ◽  
The Eu

AbstractThe outbreak of the COVID-19 pandemic has placed severe pressure on the EU’s capacity to provide a timely and coordinated response capable of curbing the pandemic’s disastrous economic and social effects on EU member states. In this situation, the supranational institutions and their models of action are evidently under pressure, seeming incapable of leading the EU out of the stormy waters of the present crisis. The article frames the first months of management of the COVID-19 crisis at EU level as characterised by the limited increase in the level of steering capacity by supranational institutions, due to the reaffirmed centrality of the intergovernmental option. To explain this situation, the article considers the absence of the institutional capacity/legitimacy to extract resources from society(ies), and the subsequent impossibility of guaranteeing an effective and autonomous process of political (re)distribution, the key factors accounting for the weakness of vertical political integration in the response to the COVID-19 challenge. This explains why during the COVID-19 crisis as well, the pattern followed by the EU is rather similar to past patterns, thus confirming that this has fed retrenchment aimed at the enforcement of the intergovernmental model and the defence of the most sensitive core state powers against inference from supranational EU institutions.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

Practice of the member states of the European Union in the field of anti-corruption regulation

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dmytro S. Melnyk ◽  
Oleg A. Parfylo ◽  
Oleksii V. Butenko ◽  
Olena V. Tykhonova ◽  
Volodymyr O. Zarosylo
Keyword(s):  
European Union ◽  
System Analysis ◽  
The European Union ◽  
Analysis Method ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
Legal Method ◽  
Content Analysis Method ◽  
The Eu

Purpose The experience of most European Union (EU) Member States has demonstrated effective anti-corruption practices, making the EU one of the leaders in this field, which can be used as an example to learn from in the field of anti-corruption. The purpose of this study is to analyze and identify the main features of anti-corruption legislation and strategies to prevent corruption at the national and supranational levels of the EU. Design/methodology/approach The following methods were used in the work: discourse and content analysis, method of system analysis, method of induction and deduction, historical-legal method, formal-legal method, comparative-legal method and others. Using the historical and legal method, the evolution of the formation of anti-corruption regulation at the supranational level was revealed. The comparative law method helped to compare the practices of the Member States of the EU in the field of anti-corruption regulation. The formal-legal method is used for generalization, classification and systematization of research results, as well as for the correct presentation of these results. Findings The main results, prospects for further research and the value of the material. The paper offers a critical review of key EU legal instruments on corruption, from the first initiatives taken in the mid-1990s to recent years. Originality/value In addition, the article analyzes the relevant anti-corruption legislation in the EU member states that are in the top 10 countries with the lowest level of corruption, namely: Denmark, Finland, Sweden, the Netherlands, Germany and Luxembourg.

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