scholarly journals THE REFORM OF TRADE MARS PROTECTION IN THE EUROPEAN UNION AND IT’S IMPACT ON LEGISLATION OF UKRAINE

2016 ◽  
Vol 1 (127) ◽  
pp. 80-86
Author(s):  
Y. Kapitsa
Keyword(s):  
European Union ◽  
Trade Mark ◽  
The European Union ◽  
Industrial Property ◽  
Member States ◽  
Eu Legislation ◽  
License Agreements ◽  
Scope Of Protection ◽  
Collective Marks ◽  
The Eu

The adoption of the EU in 2015 the Directive 2015/2436 and Regulation 2015/2424 resulted in significant changes for the protection of trade marks at the level of the Member States and the EU trade mark. These changes are the result of the policy of the entire approximation of Member States laws in all issues of trademarks, which differs from the harmonization of «minimum rights» and the EU approach to harmonization of legislation on other industrial property objects. Comparison of changes to EU legislation and legislation of Ukraine demonstrates the necessity of making a number of amendments to national legislation regarding registration of scent and other non- traditional marks; clarify the scope of protection of rights; grounds for refusal of registration; concluding license agreements, protection of collective marks etc. It is essential to provide the clarification of the procedure for registration of trademarks in Ukraine to ensure compliance with the registration procedure, established by the Directive 2015/2436.

scholarly journals Whistleblowing systems: A systematic literature review on the design specifications and the consideration of the risk for organizational insiders to blow the whistle

2021 ◽  
Vol 18 (2) ◽  
pp. 60-73
Author(s):  
Sandra Scherbarth ◽  
Stefan Behringer
Keyword(s):  
European Union ◽  
Literature Review ◽  
Systematic Literature Review ◽  
The European Union ◽  
Member States ◽  
Eu Legislation ◽  
Design Specifications ◽  
Comprehensive Database ◽  
Data Basis ◽  
The Eu

Whistleblowing systems as internal company instruments for prevention and detection of compliance violations are increasingly recommended both in academic and practical literature. In the European Union, the discussion is currently activated by the EU legislation for better protection of whistleblowers, which needs to be transferred in national law by the member states end of 2021. This literature review examines the literature for the design specifications developed for whistleblowing systems under consideration of the risk for organizational insiders to blow the whistle. The purpose is to review the design specifications developed in scientific studies, the data basis on which they are built whether and, if so, how the risk for organizational insiders to blow the whistle is taken into account. A comprehensive database of literature has been examined. The result is systematic categorization of the specifications for the design of whistleblowing systems. Moreover, we conclude, that there is a lack of data basis for clear specifications. The research shows that in the design of whistleblowing-systems there is a lack of discussion of the risks for whistleblowers to suffer social and professional disadvantages

Research with Human Participants in the European Union

2021 ◽  
Author(s):  
David Shaw ◽  
David Townend
Keyword(s):  
European Union ◽  
Cultural Values ◽  
Single Market ◽  
The European Union ◽  
Member States ◽  
General Data Protection Regulation ◽  
Eu Legislation ◽  
General Data ◽  
Human Participants ◽  
The Eu

This chapter examines research with human participants in the European Union. In the EU, the driving force for legislation is the creation of the single market. Research with human participants is both a response to the urgent demand to advance the health of EU citizens through the efficiencies of the single market, and to the commitment of the EU to act in accordance with the shared social and cultural values of the Member States. One might expect, therefore, that EU legislation on research with human participants would be clear, creating a harmonized framework within the single market both for internal consistency and to enhance external competitiveness. However, each of the 27 Member States of the EU operates with a large amount of independence in relation to the governance of research with human participants. The chapter then describes the EU legislation on clinical trials and considers the protection of privacy through the General Data Protection Regulation.

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.

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.

Core of State Sovereignty and Boundaries of European Union's Identity in the Lissabon – Urteil

2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza
Keyword(s):  
European Union ◽  
State Sovereignty ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.

The EU's Economic Cooperation with North Korea: The Possibility as a Useful Tool to Complement Korea-US Cooperation

2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee
Keyword(s):  
European Union ◽  
Human Rights ◽  
Korean Peninsula ◽  
North Korea ◽  
The United States ◽  
Policy Position ◽  
The European Union ◽  
Member States ◽  
The North ◽  
The Eu

North Korea conducted 2nd nuclear test on May 25, 2009. It made a vicious circle and continued military tension on the Korean Peninsula. North Korea regime got a question on the effectiveness of the six party talks and ‘security-economy exchange model’. In addition, the North Korea probably disappointed about the North Korea issue has been excluded from the Obama administration's policy position. So the dialogue or relationship recovery with the United States and North Korea through six-party talks or bilateral talks will be difficult for the time being. This paper examines the EU policy on North Korea. Based on the results, analyzes the EU is likely to act as a balancer on the Korean Peninsula. Through the procedure of deepening and expanding the economic and political unification, the EU utilizes their cooperative policies towards North Korea as an ideal opportunity to realize their internal value and to confirm the commonness within the EU members. The acceleration of the EU's unification, however, began to focus on human rights, and this made their official relationship worse. Yet, the EU is continuously providing food as wells as humanitarian and technological support to North Korea regardless of the ongoing nuclear and human rights issues in North Korea. Also, the number of multinational corporations investing in North Korea for the purpose of preoccupying resources and key industries at an individual nation's level has been increasing. The European Union has unique structure which should follow the way of solving the problem of member states like subsidiary principle. It appears to conflict between normative power of the European Union and strategic interests on member states. This paper examines if the European Union is useful tool to complement Korea-US cooperation in the near future.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

scholarly journals How to tackle the growing problem of type 2 diabetes in the European Union?

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
N M Mahrouseh ◽  
D W Njuguna ◽  
O A Varga
Keyword(s):  
Type 2 Diabetes ◽  
European Union ◽  
Communicable Diseases ◽  
Health Determinants ◽  
Diabetic Patients ◽  
The European Union ◽  
Member States ◽  
Non Communicable Diseases ◽  
The Eu

Abstract Background There is an alerting increase in the population affected by type 2 diabetes mellitus (T2DM) in the European Union (EU) with significant socioeconomic burden. According to an estimation by the International Diabetes Federation, by 2030, the total number of diabetic patients will be 38 million in EU. The “screen and treat” strategies that predominantly applied in policies to prevent T2DM have not achieved significant success, as reported by a large systematic review and meta-analysis published in 2017. Although the member states of the EU have almost full responsibilities for actions in the field of health, the EU has to tackle non-communicable diseases by targeting health determinants and lifestyle mostly through non-binding policies. The goal of this work is to review the T2DM prevention policies in the EU and compare with tobacco policies, from a legal perspective. Methods Following the systematic search and screening of policies from EUR-lex, a content analysis was carried out by using MonQcle as publicly available legal text document analysis platform, by two coders. The search was limited for regulations, directives and white papers. Results Our data collection consisted of 19 documents including 10 regulations, 6 directives and 3 white papers with relevance to T2DM, covering the following topics: health infrastructure and services, informational policies, economic policies, environmental policies, command and control and social policies. The identified policies covered the time frame of 1972 to 2020. Diabetes was targeted as part of non-communicable diseases. None of the policies was legally binding addressing T2DM directly which is in sharp contrast to the tobacco control policies in the EU. Conclusions T2DM, in fact, is largely preventable. EU institutions should consider to reframe T2DM prevention strategies and consider applying a wide range of population-level legislative and innovative actions to prevent T2DM e.g. taxes on unhealthy food products. Key messages T2DM is a largely preventable disease, effective legal tools should be created and applied matching the scale of such public health problem. T2DM policies of the EU may be subject to change due to additional value of actions taken by the EU compared to that could have been achieved by member states alone.

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.

Beyond Visibility, Rights, and Citizenship: Critical Notes on Sexual Politics in the European Union Christian Klesse

2006 ◽  
Author(s):  
Christian Klesse
Keyword(s):  
European Union ◽  
Human Rights ◽  
Social Movements ◽  
Sexual Minorities ◽  
Sexual Politics ◽  
The European Union ◽  
Member States ◽  
New Member States ◽  
Lesbian And Gay ◽  
The Eu

The accession of ten new member states has opened up new political and discursive spaces for challenging homo-, bi-, and transphobia in the new member states and the European Union (EU) as a whole. There has been widely felt sense of hope that the accession will ultimately increase the possibilities of political action, result in democratisation, and better the political conditions for sexual minorities to fight discrimination and struggle for equal treatment before the law (ILGA Europe 2001, Vadstrup 2002, Pereira 2002, Neumann 2004, ILGA 2004, Stonewall 2004). Such sentiments were also expressed in the call-for-papers for the Conference ‘Europe without Homophobia. Queer-in(g) Communities’ that took place from May 24 to May 26, 2004 at Wroclaw in Poland, for which I wrote the first draft of this paper. Participants were asked to reflect upon ‘how we can contribute to making sexual minorities in the European Community visible, heard, safe, and equal before the law’ and to ‘investigate the practical ways (including legal actions, information campaigns, political participation, etc.) of achieving the bold vision suggested in the title: Europe without homophobia’ (Organizing Committee 2004). Human rights groups and lesbian and gay organisations both in the (prospective) new and the already existing member states sensed that access to funding by EU bodies and the ability to address political and/or legal institutions of the EU (and/or the Council of Europe) opened up ‘new space’ for political activism and enabled access to a new range of political discourses and strategies (cf. Stychin 2003). Already many years before accession, human rights organisations and lesbian and gay campaigning groups started to utilise the transformative potential of this prospective economic-political and socio-legal change for campaigns against human rights abuse and legal discrimination on the grounds of gender and sexuality in states applying for accession. ILGA Europe, for example, emphasised that accession should be made dependent on the applying states complying to the high human rights standard that the EU is supposed to stand for. Due to the uneven power structure between the institutions of the EU and the states applying for membership, the logic and rhetoric of ‘enlargement’ structured the negotiations about accession. The power imbalances at the heart of the process are further indicated by the fact that accession is frequently discussed in the scientific literature in the terminology of ‘Europeanization’ (cf. Schimmelfenning and Sedelmeier 2005a). In this context, ‘Europeanization’ signifies ‘integration’ into the economic organisations and politico-legal institutions of the EU, a process that, according to Schimmelfenning and Sedelmeier, can be characterised as ‘a massive export of EU rules’ (2005b: 221). Because accession has been such a recent moment in history, research on the effects of the EU enlargement on the national polities of the new or prospective member states is still scarce. In particular, sexual politics has remained an under-researched topic (for an exception, see Stychin 2003). However, there is sufficient reason to speculate that accession will significantly affect the discourses and strategies of social movements struggling around sexuality and gender in the new member states. Even if it cannot be predicted at this stage, how political actors and social movements will respond and position themselves with regard to these newly emerging ‘political opportunity structures’ (Kriesi et al. 1995), the evolving institutional, economic, and discursive context will without any doubt impact on their politics.

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