scholarly journals Personal values and trust of Europeans in national and EU institutions

2014 ◽  
Vol 7 (2) ◽  
Author(s):  
Marjetica Primožič ◽  
Cene Bavec
Keyword(s):  
Legal System ◽  
Personal Values ◽  
The Other ◽  
National Institutions ◽  
Trust In Institutions ◽  
National Legal System ◽  
New Eu Members ◽  
Citizens Attitudes ◽  
Very High ◽  
The Eu

The paper elaborates influence of the personal values of Europeans on their trust in national and EU institutions. We confirmed the hypothesis that personal values have no effect on this trust with an exception of citizens’ attitudes towards democracy and tolerance. In the countries where democracy is a strong personal value citizens also demonstrate high trust in national institutions, on the other side in the countries where solidarity is high valued they demonstrate high trust in EU institutions. Furthermore, we confirmed that there are statistically significant differences in trust in institutions between citizens of the old and the new EU27 member states, as well as differences in countries with different types of legal systems. In majority of the new EU members citizens have higher trust in EU institutions, but lower trust in national institutions than the EU average. On the other side, the old EU members demonstrate higher trust in national institutions and much divided trust in EU institutions. We also indicated that characteristics of the national legal system influence citizens’ trust in national institutions, but they have no influence on trust in EU institutions. Countries with the Scandinavian national legal system demonstrate very high trust in national institutions, meanwhile trust in national institutions in post-socialistic countries is nearly three times lower.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

10. The Future of the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Human Rights ◽  
Legal System ◽  
The Other ◽  
European Convention ◽  
Essential Information ◽  
System P ◽  
The Future ◽  
The Times ◽  
Political Economic ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This concluding chapter assesses the future of the English legal system (ELS). It argues that the ELS will continue to grow and develop in order to move with the times. Each development may individually not have such significant impact on the ELS; however, when coupled with the other development, it is more likely that the development may significantly alter people's understanding of the ELS. Change in the ELS may come from political, economic, legal, social, and international factors. The chapter then considers some of the key debates, events, and activities that may shape the future of the ELS. These issues include the UK's membership in the EU, signatory of the European Convention on Human Rights, and transformation of the justice system.

7. Framework for enforcement

2020 ◽  
pp. 183-190
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Legal System ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Effective Protection ◽  
Court Of Justice ◽  
System P ◽  
National Legal System ◽  
The Eu

This chapter outlines the framework for enforcement of European Union (EU) law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), the CJ has played a key role in the enforcement of EU law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU law can also be raised in the national legal system.

What Makes Socialist Legal Systems Socialist?

2019 ◽  
pp. 131
Author(s):  
WILLIAM ELLIOTT BUTLER
Keyword(s):  
Special Reference ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
Legal Change ◽  
Legal Tradition ◽  
Legal Development ◽  
Legal Studies ◽  
Chinese Characteristics ◽  
National Legal System

The author re-examines in this article the foundations for the traditional classifications of legal systems in comparative legal studies and suggests the usefulness of a kaleidoscopic perception of legal classifications and change, commencing from the revolutions of 1917 down to the present with special reference to the enduring impact on Asian legal systems. China, Mongolia, Vietnam, and Laos, together with Cuba and Ethiopia, are arguably the surviving systems of the socialist legal tradition – few in number but massive in population. Various perspectives are suggested for classifying legal systems. None are regarded as mutually exclusive; that is, a single national legal system may display features of several familial characteristics. A substantial list of possible characteristics of socialist legal systems is given, as is a lengthy enumeration of possible categories of families of legal systems: socialist/totalitarian, technocratic, formalist, transitional, RomanoGermanic, mixed, Slavic, Eurasian, among others. With respect to Asian socialist legal systems, the article asks whether it is descriptively and analytically more correct to, for example, describe China as a “socialist legal system with Chinese characteristics” or a “Chinese legal system with socialist characteristics”. In either event, or a modification of the juxtaposition, the question remains: what factors make China one or the other? Whatever the answer at any given moment in time, a kaleidoscopic perception of legal change and movement looks less for eternal verities than for constant readjustment, constant re-evaluation of the balance of factors that comprise a legal system, and the development of additional relevant criteria that help identify the forces at work in legal development.

scholarly journals ASPECTS OF MUTUAL INFLUENCE OF EXTENSION PROCESSES OF THE EUROPEAN UNION LEGAL SPACE AND THE REFORMING OF THE LEGAL SYSTEM OF UKRAINE

2019 ◽  
Keyword(s):  
European Union ◽  
Legal System ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Eu Law ◽  
The European Union ◽  
Space Extension ◽  
National Legal System ◽  
Legal Space ◽  
The Eu

The article defines the main aspects of mutual influence of the legal system of Ukraine reforming processes and the extension of the legal space of the European Union (EU) from the general theoretical viewpoint. The article defines the category «legal space» as an acknowledged and regulated by law life sphere of people, organizations, states and international institutions in order to achieve the agreed and common goals. The main features of the legal space as a phenomenon of legal reality are outlined: multilevel legal regulation with the application of national and international legal acts, unification of law enforcement rules, mandatory agreement on a consensual basis of actors operating within the legal space. The factors of the EU legal space extension are emphasized. It is noted that the reforming of the legal system of Ukraine and the EU legal space extension are interconnected and complementary processes. At the core of such a relationship lies the political will of Ukraine to recognize and legitimize the norms and principles of EU law on the one hand and the desire of the EU to expand the geographical and spatial boundaries of political, legal and economic influence on the other. Based on the analysis of provisions of the bilateral cooperation acts of Ukraine and the EU, as well as using the achievements of national scientists who studied the impact of EU law on the national legal system, four main aspects of the mutual influence of transformation processes of the national legal system and the scope of the extension of the regulatory capacity of the European Union law are highlighted. In particular, it is the creation of a legal basis for the development integrated ties between Ukraine and the EU, recognition of the universal values ​​of the EU in Ukraine, and the involvement of Ukraine in European politics. It is pointed to the issue of Ukraine's full participation in the realization of common policies with the EU. It is emphasized, that the main result of active interaction between the national legal system and the EU legal space is the change of methodological approaches to the analysis of the correlation of political borders of the European Union and factual territorial scope of the European legal space, especially legal borders. That is why the modern scientific community faces a new perspective task - to ground the patterns of formation of the optimal model of Ukraine's borrowing of positive legal practices from the EU legal space, provided that the national identity is preserved in the conditions of the national legal system reforming.

Trusting Judges to Deliver Changes: Italy, the EU and Labour Law

2007 ◽  
Vol 9 ◽  
pp. 441-464
Author(s):  
Silvana Sciarra
Keyword(s):  
European Integration ◽  
Legal System ◽  
Labour Law ◽  
Judicial Intervention ◽  
National Legal System ◽  
Open Dialogue ◽  
Active Promoter ◽  
The Eu

The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty.The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.

scholarly journals Dissecting liabilities in adversarial surgical robot failures: A national (Danish) and European law perspective

2020 ◽  
Author(s):  
Kaspar Rosager Ludvigsen ◽  
Shishir Nagaraja
Keyword(s):  
Legal System ◽  
Industrial Robots ◽  
Surgical Robot ◽  
The European Union ◽  
Surgical Robots ◽  
Legal Remedies ◽  
National Legal System ◽  
The Eu ◽  
Medical Device Regulation

Being connected to a network exposes surgical robots to cyberattacks, which can damage the patient or the operator. These injuries are normally caused by safety failures, such as accidents with industrial robots, but cyberattacks are caused by security failures instead. Surgical robots are increasingly sold and used in the European Union, so we decide to uncover whether this change has been considered by EU law, and which legal remedies and actions a patient or manufacturer would have in a single national legal system in the union. We first conduct a case study, where we analyse which legal remedies a patient can make use of, if they are injured by a surgical robot caused by a cyberattack in the national legal system. We also explore whether cybersecurity and cyberattacks are considered by the upcoming Medical Device Regulation of the EU. We show that the selected national legal system is adequate. This is because of its flexibility and in a certain approach even to ignore the distinction between safety and security to the benefit of the patient, and in one situation to remove liability from the manufacturer by erasing its status as party. Otherwise, unless the operator or other parties have made the cyberattack more likely to occur, the manufacturer is liable. We find that the regulation does not directly consider security defects, requiring interpretation and use of guidance to show it. Due to the risk cyberattacks pose on medical equipment, we find this to not be adequate. We further find that the regulators of medical devices, including surgical robots, will not necessarily have adequate staff or rules of enforcement, as this has been left to the member states to solve. But, we also find, due to the comprehensive number of rules that can be applied cumulatively, together with the possibility for further rules and compliance later on, that these issues could be solved in the future.

Trusting Judges to Deliver Changes: Italy, the EU and Labour Law

2007 ◽  
Vol 9 ◽  
pp. 441-464
Author(s):  
Silvana Sciarra
Keyword(s):  
European Integration ◽  
Legal System ◽  
Labour Law ◽  
Judicial Intervention ◽  
National Legal System ◽  
Open Dialogue ◽  
Active Promoter ◽  
The Eu

The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty. The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.

scholarly journals The Existence of Academic Document on Development of Legal Drafting

2020 ◽  
Vol 1 (2) ◽  
pp. 107-116
Author(s):  
Ismet Hadi ◽  
Suslianto Suslianto ◽  
Siti Nur Setia Rahman
Keyword(s):  
Social Justice ◽  
Legal System ◽  
The Other ◽  
Research Report ◽  
Legal Research ◽  
Library Research ◽  
The People ◽  
National Legal System ◽  
Frame Work ◽  
Research Show

This research purpose to comprehending Indonesia as a legal state, the state is obliged to carry out the development of national law committed in a planned, cohesiveness terpadu, and sustainable in the national legal system that ensures protection of the rights and obligations of all the people in Indonesia based on constitution 1945. Indonesian legal state has characteristic because Pancasila as a basic of law which has differential with the other country that based on west law, such as deliberation, social justice and a law which based on national interest and Indonesian unitary Indonesia which protect the Indonesian homeland. This research is a normative legal research that uses methods of analysis perspective. Most of the data obtained through the library research which done by examining library materials such as books, journals, research report and sekunder data which study about legal drafting.  This research show that, firstly, politic of law as a legal frame work and role to create isu contituendum. President before amendment of constitution 1945 has authority to establish laws, and The House of Representatif (DPR) has authority to give enactment of draft. After amendment constitution 1945 there are shift of power that the legislator’s authority in the hands of the House. Second, the existence of an academic document in each drafting legislation to provide an overview of the results of scientific research that underlie design of any proposed legislation that will be presented and discussed in the House.

scholarly journals Red Signal from Karlsruhe: Towards a New Equilibrium or New Level of Conflict?

2020 ◽  
Vol 1 (2) ◽  
pp. 33-48
Author(s):  
László Blutman
Keyword(s):  
Legal System ◽  
The Other ◽  
Constitutional Court ◽  
Main Task ◽  
Eu Law ◽  
Constitutional Courts ◽  
Member States ◽  
German Constitutional Court ◽  
First Time ◽  
The Eu

In its PSPP decision, the German Constitutional Court for the first time declared an EU act ultra vires. The decision resulted in a flood of studies, blog posts, and comments. Most criticised the verdict raising a series of objections. We agree with some objections. However, the present study approaches the judgment from the other side. It seeks to understand the situation of the constitutional courts of Member States in the EU legal system, to examine their main dilemmas in relation to EU law, and to explore their possibilities regarding their main task, which is the protection of constitutions. The study highlights the fundamental structural tension that currently characterises the EU legal system concerning Member States’ sovereignty and examines how a balance can be struck in addressing this tension.

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