scholarly journals The Early Warning Mechanism as a Tool for Monitoring Compliance with the Principle of Subsidiarity in the European Union Legislative Procedure

Lex Russica ◽  
2020 ◽  
pp. 79-105
Author(s):  
I. V. Irkhin
Keyword(s):  
Early Warning ◽  
Legislative Process ◽  
The European Union ◽  
National Parliaments ◽  
Eu Member States ◽  
Early Warning Mechanism ◽  
Legal Nature ◽  
Definition Of ◽  
The Right ◽  
Common Understanding

The paper substantiates the definition of the concept of an “early warning mechanism”, proposes narrow and broad approaches to its interpretation, analyzes the inherent legal, political and administrative parameters. The paper demonstrates the correlation between the principles of subsidiarity, proportionality and competence within the framework of the early warning mechanism, their inseparable interrelationship and consequent practical problematics. The author investigates the main forms and methods of regulating the procedure for implementation of the early warning mechanism in EU member states. It is stated that the main differences can be traced in the context of the fixed circle of subjects of the right to conduct verification, as well as the degree of detailed elaboration (specification) of the field of regulated legal relations. Based on an analysis of the content of some reasoned opinions of national parliaments, it is concluded that the lack of a common understanding of the principle of subsidiarity at the European and national levels, as well as the criteria for its compliance, have a direct impact on the early warning mechanism, which is reflected in the reduced effectiveness of its implementation. Attention is paid to the legal nature and specifics of the “yellow card” and “orange card” regimes as a variety of forms of implementation of the early warning mechanism. It is concluded that at the current stage the “card” regimes represent an insufficient and ineffective instrument for the national parliaments to influence the EU legislative process. The author highlights the problems of organizing inter-parliamentary cooperation within the framework of the early warning mechanism. It is emphasized that, in fact, national parliaments act blindly when conducting checks on the conformity of draft legislation with the principle of subsidiarity. The paper concludes that the early warning mechanism in actual modification cannot be fully qualified as a tool for providing additional legitimation of solutions made by supranational authorities. The author makes proposals for improving the institutional configuration of the early warning mechanism.

scholarly journals The Swedish Riksdag as Scrutiniser of the Principle of Subsidiarity

2016 ◽  
Vol 12 (2) ◽  
pp. 294-317 ◽  
Author(s):  
Anna Jonsson Cornell
Keyword(s):  
Early Warning ◽  
Selection Mechanism ◽  
National Parliaments ◽  
European Public ◽  
Early Warning Mechanism ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Proportionality Principle ◽  
The Eu

Early Warning Mechanism – Principle of Subsidiarity – Lisbon Treaty – Protocol No. 2 on Proportionality and Subsidiarity – A theoretical definition of the Principle of Subsidiarity – The scope of the Principle of Subsidiarity – Scrutiny of the respect for the principle of subsidiarity – The role of national parliaments in the EU legislative procedure – The Swedish Riksdag – national constitutional law – decentralised scrutiny – no selection mechanism – sectoral committees – reasoned opinions – the role of the Plenary – the Committee on the Constitution – method for scrutiny – the principle of proportionality – principle of conferral – legality – European Public Prosecutor’s Office – broad or narrow scrutiny – impact of the Early Warning Mechanism

scholarly journals Corporate law in Ukraine within the framework of approaching the European Union standards

2020 ◽  
pp. 181-188
Author(s):  
Valentyna Vasylieva ◽  
Anatolii Kostruba
Keyword(s):  
European Union ◽  
Corporate Law ◽  
Eu Law ◽  
The European Union ◽  
Eu Member States ◽  
Legal Nature ◽  
European Union Countries ◽  
History Of ◽  
National Systems ◽  
Supranational Level

The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations. Special attention has been given to define the legal nature of the corporation. It is concluded that there is no established understanding of the above concepts in national legal science. The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected. The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law. The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.

scholarly journals The Phenomenon of Digital Labour Platforms

2020 ◽  
Vol 27 (4) ◽  
pp. 217-229
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Trade Unions ◽  
New Technologies ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
Almost All

In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

scholarly journals The new European Union space policy in order to maintain Europe’s position among space leaders

2019 ◽  
pp. 20-31
Author(s):  
Piotr Kolczynski
Keyword(s):  
European Union ◽  
Outer Space ◽  
Public Institutions ◽  
Space Policy ◽  
The European Union ◽  
Private Companies ◽  
The Public ◽  
Eu Member States ◽  
Challenges And Opportunities ◽  
The Right

This paper analyzes the current EU space strategy and confronts it with existing global challenges in the space sector. The ultimate aim of this research is to recommend a well-adjusted space policy for the European Commission to ensure effective and sustainable exploration and use of outer space for the benefit of all EU member-states. In order to draft the most efficient space policy, the uniqueness of Europe’s space sector is studied. This paper argues that the EU space policy has to focus on guaranteeing European autonomy in access and use of outer space. The author extensively analyzes the challenges and opportunities related to dynamic development of private space sector’s activities. Emphasis is made on the significance of symbiotic cooperation between the public institutions and private companies regarding mutual benefits. The paper concludes that it is the right time for the European Union to build a bold and prospective space policy.

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.

scholarly journals Google LLC v. Commission nationale de l'informatique et des libertés (CNIL)

2020 ◽  
Vol 114 (2) ◽  
pp. 261-267
Author(s):  
Monika Zalnieriute
Keyword(s):  
Search Engine ◽  
Data Privacy ◽  
Freedom Of Information ◽  
Eu Law ◽  
The European Union ◽  
National Data ◽  
Eu Member States ◽  
Court Of Justice ◽  
The Right ◽  
The Eu

In Google LLC v. Commission nationale de l'informatique et des libertés (CNIL), the Court of Justice of the European Union (CJEU or Court) held that the EU law only requires valid “right to be forgotten” de-referencing requests to be carried out by a search engine operator on search engine versions accessible in EU member states, as opposed to all versions of its search engine worldwide. While the ruling has been perceived as a “win” for Google and other interveners, such as Microsoft and the Wikimedia Foundation, who argued against worldwide de-referencing, the Court also made clear that that while the EU law does not currently require worldwide de-referencing, “it also does not prohibit such a practice” (para. 72). As a result, the CJEU found that an order by a national supervisory or judicial authority of an EU member state requiring worldwide de-referencing in accordance with its own national data protection laws would not be inconsistent with EU law where the data subject's right to privacy is adequately balanced against the right to freedom of information. By leaving the door to extraterritorial de-referencing wide open, the CJEU continues to pursue its post-Snowden hard-line stance on data privacy in a manner that is likely to transform the data privacy landscape.

Sign in / Sign up

Export Citation Format

Share Document