scholarly journals Recognition of Older Adults as a Heterogeneous Social Group

2021 ◽  
Vol 44 (4) ◽  
pp. 357-374
Author(s):  
Sanja Ivic ◽  
Goran Nikolic ◽  
Milan Igrutinovic

Abstract: Human rights of older adults are still not sufficiently developed. This paper will explore how the rights of older adults are regulated by European law and whether European law sufficiently recognizes older adults as a heterogeneous social group. The population of the European Union is growing older. According to the European Commission’s reports, age discrimination in Europe is widespread. Therefore, the concept of work and retirement system as well as the perception of older adults should be transformed. Discrimination against older adults and various forms of inequality are amplified by the COVID-19 pandemic.

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.


2021 ◽  
Author(s):  
Joanna Mazur

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.


Author(s):  
Robert Schütze

This chapter assesses the ‘primacy’ of European law. When the European Union was born, the European Treaties did not expressly mention the primacy of European law. Did this mean that primacy was a matter to be determined by each national legal order; or was there a European Union doctrine of primacy? There are two perspectives on the primacy question. According to the European perspective, all Union law prevails over all national law. This ‘absolute’ view is not, however, shared by the Member States. According to the national perspective, the primacy of European law is relative. The chapter then considers the two national challenges to the absolute primacy of European law. The first is the national claim asserting the relative primacy of European law in the context of fundamental human rights. The second is the contested question of who is the ultimate arbiter of the scope of the European Union's competences.


2020 ◽  
pp. 27-37
Author(s):  
Stanislav Kuvaldin ◽  

Article 7 of the Treaty on the European Union provides for a mechanism for responding to violations by member states of the values of democracy, equality, the rule of law and respect for human rights proclaimed by the Union, as well as the introduction of sanctions against the violating state. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its use. The article analyzes the history of the appearance of Article 7 in European legislation and the first attempts of a pan-European influence on dubious decisions of the member states. Based on the example of Poland and Hungary in respect of which the possibility of applying sanctions under the Article 7 procedure is now being discussed, it is concluded that such an outcome is unlikely. It is shown that Article 7 was deliberately created in such a way as to limit the actions of pan-European structures, to leave decisions in the hands of national governments and to provide an opportunity to solve the problem through negotiations. It also shows the process of searching for alternative ways of influencing the violating states.


Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 175-190
Author(s):  
Bernard Bourdin

The legacy from Christianity unquestionably lies at the root of Europe, even if not exclusively. It has taken many aspects from the Middle Ages to modern times. If the Christian heritage is diversely understood and accepted within the European Union, the reason is essentially due to its political and religious significance. However, its impact in politics and religion has often been far from negative, if we will consider what secular societies have derived from Christianity: human rights, for example, and a religious affiliation which has been part and parcel of national identity. The Christian legacy has to be acknowledged through a critical analysis which does not deny the truth of the past but should support a European project built around common values.


2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.


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