scholarly journals LEGAL APPROACHES TO THE ARTIFICIAL INTELLIGENCE AND ROBOTS REGULATION IN THE EUROPEAN UNION AND ITS MEMBER STATES

2020 ◽  
pp. 121-128
Author(s):  
T. S. Zaplatina
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Legal Rules ◽  
Eu Member States ◽  
Ethical And Legal Issues ◽  
The Eu

This article is devouted to the analises of legal approaches to the regulation of artifi cial intelligence in the European Union and its member states. The European Union, Austria, France and Germany legal regulation analysis shows that at that moment there is no single approach regarding the legal regulation of artifi cial intelligence and robots. So, current legal rules are not fully applicable in the scope of contractual liability, that creates need for the adoption of new eff ective standards meeting modern technological achievements and innovations. There is important role of ethical and legal issues associating with risks in the fi eld of human rights and fundamental freedoms, issues developing ethical principles in artifi cial intelligence algorithms. The single legal European approach will help to avoid fragmentation of the EU Member States legislation and will expand the possibilities of mutual recognition in the cross-border use of robots and robotic systems.

European Union Rights and Values in Human Health

2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
European Union ◽  
National Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Fundamental Rights ◽  
The Eu

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.

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.

Generating Trust Through Law? Judicial Cooperation in the European Union and the “Principle of Mutual Trust”

2016 ◽  
Vol 17 (3) ◽  
pp. 339-382 ◽  
Author(s):  
Thomas Wischmeyer
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Mutual Trust ◽  
The European Union ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Eu Member States ◽  
The Eu

For a long time, EU institutions have emphasized the connection between one of the most important concepts of the integration method, mutual recognition, and the presence of mutual trust between EU Member States. Only recently, the ECJ reaffirmed in its Opinion 2/13 that mutual trust is at the heart of the EU and a “fundamental premiss” of the European legal structure. But can law really restore, advance or even govern by trust? This question is crucial for the EU of today, which finds itself in the midst of a severe crisis of trust. For the EU as a community “based on the rule of law” generating trust through law might seem the natural, maybe the only politically viable response to a crisis of trust. Nevertheless, even if one agrees that the rule of law requires people to place trust in legal rules, and that courts and administrative agencies need to trust each other in order to work efficiently and consistently, how would legal rules be able to generate or promote trust? Moreover, isn't it deeply rooted in our ideas about constitutional government that democratic law must institutionalize mutual distrust rather than govern by trust? These conceptual and normative objections did not stop the European Union from pursuing the project of trust-building through law in one of the most sensitive areas of EU law, judicial cooperation in civil and criminal matters. This Article will ask whether the project to promote trust through law is a promising one, and, eventually, how to reinterpret statutory provisions and legal principles that purport to generate trust amongst their addressees.

Fundamental Rights and the Transformation of Governance in the European Union

2007 ◽  
Vol 9 ◽  
pp. 133-175 ◽  
Author(s):  
Olivier de Schutter
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
Regulatory Competition ◽  
The European Union ◽  
Member States ◽  
Mutual Cooperation ◽  
Eu Member States ◽  
Charter Of Fundamental Rights ◽  
The Eu

It has been argued in many places, and in different forms, that the establishment between the EU Member States of an internal market, and now of an area of freedom, security and justice, requires the European Union to legislate in the field of fundamental rights, either in order to avoid a form of regulatory competition between the Member States or in order to ensure mutual trust allowing for mutual cooperation between judicial, police and administrative national authorities. ‘Negative integration’, in the form of the lowering of barriers to the movement of goods, services, persons and capital, or in the form of mutual recognition of judicial decisions or exchange of information between national authorities, should thus be followed with, or compensated by, ‘positive integration’, in the form of the setting of common standards applicable throughout the EU Member States. The EU Charter of Fundamental Rights, moreover, provides the baseline from which to act, since it represents a set of values which all the Member States have agreed to consider as fundamental. The question (so it would seem) is now that of implementing the Charter, by using the legal bases provided for in the treaties to the fullest extent possible.

scholarly journals Development of banking standards control in the EU: problems and prospects

2019 ◽  
pp. 162-166
Author(s):  
Ol'ga M. Meshcheryakova
Keyword(s):  
European Union ◽  
Banking System ◽  
Legal Regulation ◽  
Regulatory Mechanisms ◽  
Basel Iii ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article is devoted to the study of banking standards in the European Union. The article examines the unified mechanisms of the banking standards control in the European Union. The author considers mechanisms for harmonising the legislation of the EU member states and international regulatory mechanisms of banking standards, Basel III. The article analyses the measures of legal regulation aimed at protecting the banking system of the European Union.

Institute of Licensing of Economic Activities in the EU Countries: Lessons for Ukraine

2019 ◽  
Vol 9 (5) ◽  
pp. 1839
Author(s):  
Olena R. ZELDINA ◽  
Yevheniia V. AVERIANOVA
Keyword(s):  
European Union ◽  
Great Britain ◽  
Economic Activity ◽  
Mutual Recognition ◽  
The European Union ◽  
Economic Activities ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

The article examines the licensing systems of economic activity, which are enshrined in the national legislation of such countries of the European Union as Germany, Great Britain and Poland. The authors identify the situation inherent in licensing systems of the above-mentioned EU member states and substantiates the expediency of using these provisions in further reforming of the licensing system of economic activity in Ukraine. The legislation of the European Union aimed at regulating the implementation of certain activities across the whole of the EU, and legislation relating to rules for the mutual recognition of permits and qualifications of specialists in EU member states was analyzed.

scholarly journals Perceptions of EU mediation and mediation effectiveness: Comparing perspectives from Ukraine and the EU

2019 ◽  
Vol 54 (4) ◽  
pp. 506-523 ◽  
Author(s):  
Natalia Chaban ◽  
Ole Elgström ◽  
Michèle Knodt
Keyword(s):  
European Union ◽  
The European Union ◽  
Structured Interviews ◽  
Member States ◽  
Eu Member States ◽  
Mediation Effectiveness ◽  
The Eu

A small but growing literature has started to analyse the European Union (EU) ‘as an effective peacemaker’. We make a contribution to this field by investigating EU mediation effectiveness in the Russia–Ukraine conflict. The focus is on perceptions of effectiveness. Based on information from semi-structured interviews, we compare EU self-images with Ukrainian evaluations of EU mediation efforts. How effective is the EU, including its Member States, deemed to be? What factors are believed to lie behind perceived (in)effectiveness? We concentrate on four such factors, derived from the mediator literature: perceived (im)partiality, coherence and credibility and, finally, evaluations of the EU’s mediation strategies. Both internal and external views singled out EU member states as the most effective actors in current mediation. The role of EU was seen in ambivalent terms by both sides. All the four determinants of mediation effectiveness are discussed in our material, but differ considerably in the degree of attention given to each of them. While (im)partiality is not a factor that is linked to effectiveness in any straightforward way, EU incoherence is associated with inconsistent and weak policies, notably in the Ukraine material.

scholarly journals Improving the Regulatory Framework for Countering Extremism in the European Union (Case Study of Finland)

2021 ◽  
pp. 89-102
Author(s):  
P. S. Dolgoshein
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
Expert Group ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Violent Extremism ◽  
The Republic ◽  
The Eu

INTRODUCTION. The article, using the example of the Republic of Finland, analyzes the activities of the European Union (hereinafter referred to as the EU) to improve the legal regulation of countering extremism. The influence of the EU on the tackling against extremism and radicalism in the Republic of Finland is examined. The role of the EU in countering global threats, the position of Finland in relation to international co- operation in countering extremism and radicalism is assessed. The methods used in Finland to counter violent extremism are being studied.MATERIALS AND METHODS. The article examines the conceptual documents of the UN, EU and Finland; Report of the Secretary-General of the United Nations, an action plan to prevent violent extremism, Commission Staff Working Paper; Comprehensive assessment of the EU security policy; Message from the Commission to the European Parliament, European Council Ninth report on progress towards an effective and genuine Security Union; Finland's response to OHCHR's request for information on how the protection and promotion of human rights contribute to preventing and combating violent extremism; Finland's Chairmanship Program for the Sustainable Europe Sustainable Future program; Decision of the Commission on the creation of the Expert Group of the HighLevel Commission on Radicalization, Report of the Council of Europe Committee on Counter-Terrorism, Anti-Terrorism Profiles Finland, Report of the Government of Finland on human rights for 2014; decisions of the Expert Group of the High-Level Commission on Radicalization; Human Rights Council materials.RESEARCH RESULTS. The author puts forward the thesis that the measures used to counter violent extremism depend on the needs of Member States and require the development of various approaches, depending on specific circumstances. In the addition, there is a common interest in EU member states in further expanding the exchange of experience and close cooperation between various national actors at the pan-European and international levels to counter extremism and radicalism. These measures require the development of new regulatory measures, including international ones. The author believes it is possible and interesting, using the example of the Republic of Finland, to study the level of interaction and cooperation between the Member States and the European Union in the field of im- proving the legal regulation of countering extremism, as well as the measures used in Finland to prevent and combat violent extremism.DISCUSSION AND CONCLUSIONS. In EU Member States, the European Union plays a key role in shaping international cooperation, which includes strengthening the existing governance system and, when necessary, reforming the existing system for preventing and countering violent extremism, subject to the fundamental principles of the United Nations. The Republic of Finland fully supports the efforts of the international community to prevent and counter extremism, through the development of international anti-extremism instruments to help states collectively combat this threat. The educational system of Finland can successfully form the fundamental foundations for countering violent extremism.

scholarly journals Participation of EU in international financial institutions

2020 ◽  
pp. 1-23
Author(s):  
Ilya Lifshits
Keyword(s):  
European Union ◽  
Financial Institutions ◽  
Legal Regulation ◽  
Legal Order ◽  
Modern World ◽  
The European Union ◽  
International Financial Institutions ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The Member States of the European Union have transferred to it the substantial scope of the domestic competence in financial sphere. So, the EU exclusive competence covers the monetary policy of the Member States whose currency is the euro. Besides that, the legal regulation of the activities in the banking, insurance and stock markets are largely performed from the EU level. The European Union is not a member of many international financial institutions that determine global financial legal order in the modern world. Moreover, until now there is no established procedure for EU Member States coordination in such institutions. Based on systemic and comparative legal methods, the article explores peculiarities of realization of the EU external competence. The author concludes that development of financial integration in the European Union will inevitably lead to development of the legislation that would clearly regulate the procedure of EU Member States coordination in the international financial institutions. It would further limit legal capacity of the Member States and would result in so called “Europeanization” of the international financial legal order. Brexit would enhance this process.

Fundamental Rights and the Transformation of Governance in the European Union

2007 ◽  
Vol 9 ◽  
pp. 133-175 ◽  
Author(s):  
Olivier de Schutter
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
Regulatory Competition ◽  
The European Union ◽  
Member States ◽  
Mutual Cooperation ◽  
Eu Member States ◽  
Charter Of Fundamental Rights ◽  
The Eu

It has been argued in many places, and in different forms, that the establishment between the EU Member States of an internal market, and now of an area of freedom, security and justice, requires the European Union to legislate in the field of fundamental rights, either in order to avoid a form of regulatory competition between the Member States or in order to ensure mutual trust allowing for mutual cooperation between judicial, police and administrative national authorities. ‘Negative integration’, in the form of the lowering of barriers to the movement of goods, services, persons and capital, or in the form of mutual recognition of judicial decisions or exchange of information between national authorities, should thus be followed with, or compensated by, ‘positive integration’, in the form of the setting of common standards applicable throughout the EU Member States. The EU Charter of Fundamental Rights, moreover, provides the baseline from which to act, since it represents a set of values which all the Member States have agreed to consider as fundamental. The question (so it would seem) is now that of implementing the Charter, by using the legal bases provided for in the treaties to the fullest extent possible.

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