scholarly journals LEGAL REGULATION OF EU COOPERATION WITH NORWAY IN THE FIELD OF NATURAL GAS SUPPLY

2019 ◽  
pp. 124-134
Author(s):  
S. Bilotsky
Keyword(s):  
Natural Gas ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Primary Energy ◽  
European Economic Area ◽  
Member States ◽  
Eu Member States ◽  
Energy Law ◽  
The Eu ◽  
Energy Package

The article examines the international legal aspect of the EU's cooperation with Norway regarding the supply of natural gas. It was investigated that this cooperation is regulated by legal acts related to different legal order. These are: 1. Bilateral and multilateral international treaties concluded by the EU and the member states with Norway; 2. Agreements concluded by the EU with Norway; 3. Acts of EU law and joint bodies with the participation of the EU and Norway; 4. Norwegian legislation and EU member states; 5. Private gas contracts concluded between the legal entities of Norway and the EU member states. The key in this sense is the Norwegian legislation, the obligations of the parties under the Agreement on the European Economic Area (EEA) and the rules of secondary and primary law of the EU. As part of its commitment to the SES, Norway has adopted most of the EU primary energy law rules for energy in 1994, but Norway's renewal of legislation in line with the further liberalization of the European energy market is slow. So far, Norway has only included in its legislation the norms from the acts of the Second EU energy package (2003), but the latest trends in the EU energy law - from the Third Energy Package (2009) - have not yet been implemented.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

scholarly journals Legal Foundations for Exporting Dual-Use Goods from the European Union

Lex Russica ◽  
2021 ◽  
pp. 44-56
Author(s):  
V. Yu. Slepak
Keyword(s):  
Legal Regulation ◽  
The European Union ◽  
Dual Use ◽  
Member States ◽  
National Regulation ◽  
Eu Member States ◽  
Legal Obligations ◽  
Council Regulation ◽  
The One ◽  
The Eu

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.

The Concept of Solidarity

2021 ◽  
Author(s):  
Aline Bartenstein
Keyword(s):  
Natural Gas ◽  
Legal Norm ◽  
Core Concept ◽  
Conceptual Approach ◽  
Member States ◽  
Eu Member States ◽  
Fuzzy Concept ◽  
Theoretical Part ◽  
The Eu

Solidarity is a fuzzy concept although it is a core concept of the EU historically. Aline Bartenstein's book contributes to the clarification and analysis of the concept of solidarity between EU member states. In the theoretical part, she develops a novel conceptual approach to studying solidarity that goes beyond it having a purely political declarative function and is able to capture the dynamic of solidarity as a legal norm. In the empirical part, the author applies the concept to the integration processes in the natural gas sector between 2002 and 2019. Her analysis shows that an institutionalised principle of solidarity is in the making in the EU.

scholarly journals Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
Vector System ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.

scholarly journals LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES

Social Law ◽  
2019 ◽  
pp. 52-57
Author(s):  
A. Korotkih
Keyword(s):  
Public Service ◽  
Legal Liability ◽  
Legal Regulation ◽  
Civil Servants ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Service Legislation ◽  
The Eu

The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusions, the author formulates the final thought about the prospect of Ukraine's borrowing from the experience of regulating the legal liability of civil servants in the EU Member States.

scholarly journals Topical Legal Issues of Competition Development in the Energy Sector of the European Union

2017 ◽  
pp. 113-118
Author(s):  
Иван Гудков ◽  
Ivan Gudkov
Keyword(s):  
Legal Regulation ◽  
Energy Sector ◽  
Legal Issues ◽  
General Interest ◽  
The European Union ◽  
Eu Member States ◽  
Competition Rules ◽  
Energy Relations ◽  
Energy Law ◽  
The Eu

This article is devoted to analysis of some topical legal issues of competition development in the EU energy sector. It addressed the sources of competitive legal regulation of energy relations in the EU, the trends of the realization of general and specific competition rules in the context of energy relations, the issues of some exceptions in the context of the competition law regime of the EU and features of application of EU competition rules to import and export energy relations. Present work proves the following theses: 1) liberalization of the EU energy market through the progressive strengthening and expansion of the regulation concerned; 2) development of special secondary EU energy law has an impact on the practice of application of the general antitrust provisions of primary EU law; 3) the regime established by the special EU secondary energy law makes more harder the process of invest in a new energy infrastructure, and this fact demonstrates the need for exceptions in respect of new major infrastructure projects, but such rules of exceptions leave too much space for the subjective discretion of law enforcement agencies and consequently pose a risk of uneven and inconsistent practices; 4) the necessary investments in a new EU infrastructure require not only some exceptions at the level of EU Member States but also introduce compulsory network planning and EU-level support for projects of “general interest”; 5) in the framework of the Energy Union Strategy it can be seen the EU’s desire to disseminate internal rules on import-export relations, but in relations with third countries not intending to join the EU, this desire has an objective political and legal constraints limits which are leading, inter alia, from the doctrine of “international comity”, “state actions” and “state coercion”.

scholarly journals Positioning of the concept of corporate restructuring in the EU member-states and its approval by the auditor

2021 ◽  
pp. 131-151
Author(s):  
Olga Nikolaevna Sinkina
Keyword(s):  
European Commission ◽  
Legal Regulation ◽  
Corporate Management ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
The Subject ◽  
Definition Of ◽  
The Eu

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor’s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.

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