scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

scholarly journals Inkorporacja acquis Schengen do prawa Unii Europejskiej i prawa krajowego państw członkowskich

2019 ◽  
Vol 3 ◽  
pp. 69-84 ◽  
Author(s):  
Artur Gruszczak
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Internal Security ◽  
Eu Member States ◽  
Political Analysis ◽  
Free Movement Of Persons ◽  
The Eu

This article takes up in the form of an interdisciplinary legal and political analysis the issue of the incorporation of the Schengen acquis into European Union law and the national legal systems of the EU member states in the light of the concept of a hybrid system of territorial governance. Accordingly, the Schengen acquis stimulated the process of intersecting the interests of internal security and the protection of Member States’ borders with the supranational ideological imperative with regard to the principle of free movement of persons. The argument developed in this article is that the incorporation of the Schengen acquis into EU law consolidated hybridity of the legal and institutional construction of the EU after the Amsterdam Treaty as a result of the contradiction between the logic of political bargain at the intergovernmental level and the vertical spillover generated at the supranational level in the institutional and decision-making dimensions. The conclusions point to the emergence, as a result of “schengenisation”, of the area of freedom, security and justice in the EU, in which the principle of free movement of people brought about diversification of the states’ adaptation mechanisms in relation to the ideologically determined project of transformation of the system of management of the territory and borders within the European Union.

scholarly journals Migration and mobility of third-country national labour workers to and inside Europe during the Covid-19 pandemic – a legal analysis

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Adolfo Sommarribas ◽  
Birte Nienaber
Keyword(s):  
European Union ◽  
Legal Analysis ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Rapid Spread ◽  
The Status ◽  
The Eu ◽  
Third Country Nationals

AbstractThe Covid-19 pandemic took most EU Member States of the European Union by surprise, as they underestimated the rapid spread of the contagion across the continent. The response of the EU Member States was asymmetrical, individualistic and significantly slow. The first measures taken were to close down the internal borders. The response of the European Union was even slower, and it was not until 17th March 2020 that the external borders were closed. These actions affected legal migration into the European Union from four perspectives: it affected 1) the mobility of those third-country nationals who were on a temporary stay in the EU Member States; 2) the entry of third-country nationals to do seasonal work; 3) legal migrants entering and staying; and 4) the status of the third-country nationals already residing in the EU Member States, especially those experiencing a loss of income. This article will deal with the measures taken by the EU Member States to manage the immigration services, as a case study how Luxembourg dealt to avoid that temporary staying migrants and regular migrants fall into irregularity. Finally, we will focus on the vulnerability of third-country nationals with the rising risk of unemployment and the risk of being returned to their country of origin. The article will also analyse access to healthcare and unemployment benefits.

scholarly journals WHEN THE EU HITS HOME: NATIONAL DETERMINANTS OF NON-COMPLIANCE WITH THE EUROPEAN UNION LAW

2021 ◽  
Vol 15 (2) ◽  
pp. 37-48
Author(s):  
Aleksei Sorbale ◽  
Keyword(s):  
European Union ◽  
Party System ◽  
Theoretical Perspective ◽  
National Level ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Regional Strategies ◽  
The Eu

This study analyzes 25,516 cases of violation of the European Union law by 28 Member States from 1993 to 2018. I strive to outline the national level determinants of differentiation in the pool of member countries by the total number of the EU law violations. As a key method of analysis, logistic regression is used, where factors of GDP per capita (PPP), polarization of the parliament, fragmentation of the party system, regional strategies and quality of governance are used as country attributes. The analysis demonstrates that all country attributes are significantly related to all four quartiles of the outcome, which rank member states depending on the number of violations during the period under review: from the smallest share of violated directives (Q1) to the largest share of violated directives (Q4). The results of the study demonstrate the empirical relevance of the theoretical perspective of “worlds of compliance” formulated by G. Falkner et al. (2007) for the categorization of EU member states in their reactions to the compliance efforts of the EU.

scholarly journals ASSESSMENT OF THE EUROPEAN UNION STRUCTURAL ASSISTANCE AUDIT MODEL

Ekonomika ◽  
2011 ◽  
Vol 90 (3) ◽  
pp. 93-103
Author(s):  
Vaclovas Lakis ◽  
Živilė Simonaitytė
Keyword(s):  
European Union ◽  
Critical Assessment ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Auditing Standards ◽  
The Status ◽  
The Eu

The paper covers an analysis and critical assessment of the procedure of selecting the audit model for the European Union structural assistance and elaborates on applicable models. It reviews the authorities of the EU Member States tasked with the performance of the auditing function. The article provides an assessment of the status of the supreme audit institution which acts as a body auditing structural assistance. The conclusion is drawn that in cases when the provisions of different auditing standards differ, regulations of the European Union should specify the particular requirements applicable to the audit.

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.

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.

scholarly journals National Food Safety Systems in the European Union: A Comparative Survey

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Andreas Hadjigeorgiou ◽  
Elpidoforos S. Soteriades ◽  
Anastasios Philalithis ◽  
Anna Psaroulaki ◽  
Yiannis Tselentis ◽  
...  
Keyword(s):  
Risk Assessment ◽  
European Union ◽  
Food Safety ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Comparative Survey ◽  
Safety Systems ◽  
Central Level ◽  
The Eu

This paper is a comparative survey of the National Food Safety Systems (NFSS) of the European Union (EU) Member-States (MS) and the Central EU level. The main organizational structures of the NFSS, their legal frameworks, their responsibilities, their experiences, and challenges relating to food safety are discussed. Growing concerns about food safety have led the EU itself, its MS and non-EU countries, which are EU trade-partners, to review and modify their food safety systems. Our study suggests that the EU and 22 out of 27 Member States (MS) have reorganized their NFSS by establishing a single food safety authority or a similar organization on the national or central level. In addition, the study analyzes different approaches towards the establishment of such agencies. Areas where marked differences in approaches were seen included the division of responsibilities for risk assessment (RA), risk management (RM), and risk communication (RC). We found that in 12 Member States, all three areas of activity (RA, RM, and RC) are kept together, whereas in 10 Member States, risk management is functionally or institutionally separate from risk assessment and risk communication. No single ideal model for others to follow for the organization of a food safety authority was observed; however, revised NFSS, either in EU member states or at the EU central level, may be more effective from the previous arrangements, because they provide central supervision, give priority to food control programs, and maintain comprehensive risk analysis as part of their activities.

scholarly journals European Green Deal as a matter of security

2021 ◽  
Vol 900 (1) ◽  
pp. 012035
Author(s):  
P Polko
Keyword(s):  
European Union ◽  
Energy Transport ◽  
The European Union ◽  
Member States ◽  
Policy Initiatives ◽  
Eu Member States ◽  
Particular Solutions ◽  
The Eu

Abstract The European Green Deal (EGD) is a set of policy initiatives by the European Union with the overarching and ambitious aim of making Europe climate neutral in 2050. Being world’s first ‘climate-neutral bloc’ and fulfilling other goals extending to many different sectors, including construction, biodiversity, energy, transport, food and others has also an impact on different sectors of security. The implementation of the tasks set out in the EGD requires taking into account the necessity of sustainability in reaching the goals, including not violating sectoral security in the EU Member States. Nexus approach might be useful in the processes of finding and implementation of particular solutions.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

External Aspects of the European Union´s Competitiveness

2018 ◽  
pp. 180-208
Author(s):  
Lenka Fojtíková ◽  
Michaela Staníčková
Keyword(s):  
European Union ◽  
Foreign Trade ◽  
Data Envelopment ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Trade Area ◽  
National Performance ◽  
Productive Potential ◽  
The Eu

This chapter deals with application of Data Envelopment Analysis (DEA) method to multicriteria performance evaluation of the European Union' (EU) Member States in the reference period 2000-2015. The productivity of the EU countries can be seen as the source of national performance and subsequent international competitiveness. International trade, as a major factor of openness, has an increasingly significant contribution to economic growth and thus for competitiveness. The aim of the chapter is to analyse level of productive potential achieved by the EU Member States. The results confirm the heterogeneity that exists among the EU Member States as well as in the trade area. While the calculations show that productivity growth of foreign trade was significant in the case of the entire EU, but the significance of productivity in foreign trade was not the same in the case of individual countries.

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