scholarly journals Role of the European ombudsman in implementation of good governance

2019 ◽  
pp. 168-173
Author(s):  
A. V. Pokrovskiy
Keyword(s):  
European Union ◽  
Legal Status ◽  
Good Governance ◽  
Practical Implementation ◽  
The European Union ◽  
Integration Process ◽  
The Subject ◽  
Institutional System ◽  
The Law

The purpose of the paper is to analyze the phenomena of the law of the European Union, ensuring the activities of the European Ombudsman as a body promoting the integration process in the European Union.The subject of consideration in the article is the legal status of the European Ombudsman, its role and place in the institutional system of the European Union.The paper provides a brief overview of the competence of the European Ombudsman and ways of his activities, explores the role of the European Ombudsman in implementing the good governance, analyzes the practice of the European Ombudsman and its impact on the activities of EU institutions and bodies.It is determined that the decisions of the European Ombudsman, directed against violations of the order of governance, affect relations in various areas of the European Union, contributing to the practical implementation of the conceptual principles of good governance. Not legally binding, the decisions of the European Ombudsman are embodied in acts of EU institutions that establish the relevant rules as binding. 

scholarly journals The role of the European ombudsman in protecting the rights of EU citizens and ensuring the good governance of the institutional mechanism of the European Union

2020 ◽  
pp. 38-45
Author(s):  
Ivanna Maryniv
Keyword(s):  
European Union ◽  
Soft Power ◽  
Legal Status ◽  
Good Governance ◽  
European Parliament ◽  
Main Body ◽  
The European Union ◽  
Institutional Mechanism ◽  
The Eu

Formulation of the problem. During the existence of the institution of the European Union Ombudsman, the level of trust of EU citizens in this body as an effective means of protecting the rights and freedoms of individuals and legal entities has significantly increased. This is evidenced by the fact that there is a significant annual increase in the number of cases submitted to the EU Ombudsman, as well as the importance of the issues in which he participates. Today, the EU faces new challenges due to the globalization policies pursued by most EU member states, labor migration and other global processes. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protecting the rights of individuals and monitoring the activities of the authorities is very relevant. At present, it is necessary to reform this body, giving it a wider range of powers that would allow it to perform its tasks more effectively. The purpose of this article is to study the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of the institutional mechanism, as well as the analysis of amendments to the Statute of the EU Ombudsman to increase his powers. Article’s main body. The article is devoted to the study of the history of the establishment of the Ombudsman institution with the definition of its legal status. The amendments to the Statute of the EU Ombudsman are analyzed to increase the scope of his powers, as for more than 20 years of activity, this body, without a real possibility to adopt binding acts, exercises “soft power” based on the idea of openness to eliminate violations. In this regard, possible changes to the Statute of the Ombudsman have been explored, which can range from minimal (eg informing the committee responsible instead of submitting a special report to the European Parliament) to more significant ones (including interference in cases involving considered by the Court of Justice). Considerable attention is paid to the practice of the European Ombudsman in ensuring the proper management of the institutional mechanism on the basis of the annual report. Conclusions. There is a problem of insufficient powers of the European Ombudsman, and therefore, this body is still under development, as evidenced by the adopted European Parliament resolution on amendments related to the growth of the legal status of the EU Ombudsman, in terms of the possibility of adopting mandatory decisions on access to information by EU citizens, as well as the EU Ombudsman’s direct ability to intervene in cases before the General Court.

scholarly journals Teoretyczne założenia crowdfundingu oraz jego regulacje prawne w Unii Europejskiej i w Polsce

2019 ◽  
Vol 4 ◽  
pp. 97-114
Author(s):  
Michał Biela
Keyword(s):  
European Union ◽  
Legal Aspects ◽  
Practical Implementation ◽  
Legal Regulations ◽  
The European Union ◽  
The Third ◽  
Theoretical Assumptions ◽  
The Subject ◽  
Alternative Sources ◽  
Desk Research

Celem niniejszego artykułu jest prezentacja założeń teoretycznych oraz praktycznej implementacji koncepcji alternatywnych źródeł finansowania społecznościowego w Polsce i Unii Europejskiej ze szczególnym uwzględnieniem aspektów formalno-prawnych crowdfundingu. Artykuł składa się z trzech części: w pierwszej opisano założenia definicyjne i koncepcyjne crowdfundingu, w drugiej przedstawiono propozycję zmiany ram regulacyjnych finansowania społecznościowego, przygotowanych przez instytucje Unii Europejskiej, natomiast trzecia zawiera uregulowania prawne finansowania społecznościowego w Polsce. W artykule jako metodę badawczą zastosowano desk research, której implementacja umożliwiła analizę istniejącej literatury przedmiotu. Theoretical assumptions of crowdfunding and its legal regulations in the European Union and in PolandThe aim of this article is to present the theoretical assumptions and practical implementation of the concept of alternative sources of funding in Poland and in the European Union, with emphasis on the formal and legal aspects of crowdfunding. The article consists of three parts. The first part describes the definition and conceptual assumptions of crowdfunding. The second part presents a proposal to change the crowdfunding regulatory framework at the European Union level. The third part includes legal regulations for crowdfunding in Poland. In the article, desk research was used as a research method, the implementation of which enabled the analysis of the existing literature on the subject.

ICTs, Public Access to Documents, and Transparency in the European Union

2014 ◽  
pp. 192-200
Author(s):  
Marios Papandreou
Keyword(s):  
European Union ◽  
Information And Communication Technologies ◽  
Good Governance ◽  
Point Of View ◽  
Public Access ◽  
The European Union ◽  
Legislative Framework ◽  
The Public Sphere ◽  
Access To Documents

This chapter examines the relationship between Information and Communication Technologies (ICTs) and transparency in the public sphere. The link between the two is rather easy to conceive: ICTs facilitate flow and management of information, which is crucial to achieve openness and accountability and advance public debate. In this chapter, the issue is examined in the context of the European Union (EU), from the point of view of public access to documents and the role of the European Ombudsman (EO). The author presents the applicable legislative framework and discusses the role of the EO in facilitating and promoting public access to documents, with emphasis on the EO's mandate, the procedure followed, and its possible outcomes. The last part of the chapter examines the decision of the EO on a recent case concerning public access to documents of interest to a wide public, whereby it is illustrated that ICTs, by facilitating access to documents and information, advance openness, transparency, good governance, and accountability.

Interpretation of the Meaning of ‘Direct Effect’ in the Revised Treaty of Basseterre

2019 ◽  
Vol 21 (2) ◽  
pp. 147-169
Author(s):  
Zachary Allen Roy Phillips
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Vienna Convention ◽  
The European Union ◽  
Practical Application ◽  
The Subject ◽  
The Caribbean ◽  
Eastern Caribbean ◽  
The Law ◽  
Domestic Law

Abstract The article utilises the Vienna Convention on the Law of Treaties (VCLT) rules of interpretation to determine the meaning of ‘direct effect’ within the Revised Treaty of Basseterre (RTB). The RTB is the constituent treaty of the Organisation of Eastern Caribbean States (OECS). Despite the RTB having been in force since 2011 there has not been a single contentious case regarding the interpretation of the RTB. While the RTB and the OECS gained some inspiration from the European Union (EU), the Commonwealth Caribbean adheres to the dualist doctrine in the practical relationship between international and domestic law. As such, the meaning of ‘direct effect’ has been the subject of controversy. Therefore, this article shall discern the meaning of ‘direct effect’ within the RTB, including delineating possible practical application. The evaluation shall reveal that the definition is the same, however, due to the Caribbean context the application differs in slight ways.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

The Polluter Pays Principle in EU Climate Law: an Effective Tool before the Courts?

Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 1-27
Author(s):  
Suzanne Kingston
Keyword(s):  
European Union ◽  
Legal Status ◽  
Potential Role ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Polluter Pays Principle ◽  
Energy Law ◽  
The Eu

In EU law the polluter pays principle (ppp) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (tfeu) enshrines it among the fundamental principles of the EU’s environmental policy. This article considers the legal status and development of the ppp in EU law, in the case law of the Court of Justice of the European Union (cjeu) and in EU policy, most recently in the EU’s Green New Deal. It goes on to identify three bodies of climate-related litigation where the ppp has been most influential to date: first, cases concerning the EU ets and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the ppp in other areas, including climate cases based on human and environmental rights, and climate cases brought against private parties.

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

The European Union and Law of the Sea Convention at the Age of 30

2012 ◽  
Vol 27 (4) ◽  
pp. 711-721 ◽  
Author(s):  
Ronán Long
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Working Party ◽  
Law Of The Sea ◽  
The European Union ◽  
Eu Policy ◽  
The Law ◽  
The Eu

Abstract Several factors that have contributed to the success of the Law of the Sea Convention as a blueprint for the regulation of oceanic activities in the European Union (EU) are outlined, including the comprehensive nature of the Convention, the role of the Working Party on the Law of the Sea (COMAR) in coordinating EU policy, as well as the EU approach to dispute settlement and to global oceanic affairs.

Shifting International Security Norms

2017 ◽  
Vol 31 (2) ◽  
pp. 235-246
Author(s):  
Denise Garcia
Keyword(s):  
European Union ◽  
North Atlantic ◽  
International Security ◽  
The European Union ◽  
Coup D'etat ◽  
The North ◽  
The World ◽  
The Subject ◽  
Global Norms

The world is going through a crisis of the international liberal order, exemplified by a host of recent shocks: the invasion and annexation of Crimea by Russia; the transnational dimensions of conflicts such as in Syria; the United Kingdom's decision to exit the European Union; the attempted coup d’état in Turkey and its reversal toward autocracy; and the election and rise of non-universalist and illiberal governments as well as politicians who operate under the populist rubric in countries that are viewed as beacons of democracy and stability. These shocks have catalyzed two outcomes. First, the prevailing global norms that serve as the custodians of peace and security have been the subject of revived debate. Second, and relatedly, these shocks have prompted deep reflection on the role of institutions such as the European Union and the North Atlantic Treaty Organization (NATO), as well as the roles of the supposedly democratic members within those institutions.

scholarly journals 'Europe of the regions' an attempt to overcome antinomy of freedom and order: A reality or utopia

2008 ◽  
Vol 60 (1) ◽  
pp. 137-170
Author(s):  
Bojan Kovacevic
Keyword(s):  
European Union ◽  
Economic System ◽  
European Integration ◽  
The European Union ◽  
Integration Process ◽  
Economic Space ◽  
The Past ◽  
European Institutions ◽  
Considerable Impact

Since the beginning of the European integration process until the present day the states have given up some significant elements of their sovereignty transferring an increasing number of authorities to the European institutions. The extended framework within which the rules of the European game are determined also exerts a considerable impact on the regions as integral units of the present-day complex states. Politically and economically powerful regions are more and more independent in the contemporary European political and economic space. This has created a distorted picture of 'Europe of the regions' where the regions and European institutions will establish direct contacts, making the role of states superfluous. In this paper, the author endeavors to offer a theoretical historical and philosophic frame for consideration of the attempts to overcome the antinomy of freedom and order both in the past and in the present, particularly analyzing the position and role of the regions in the European Union political and economic system.

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