scholarly journals The European Union competence in the public health field

2021 ◽  
pp. 87-92
Author(s):  
V. O. Tyumentsev
Keyword(s):  
Public Health ◽  
European Union ◽  
Legal Regulation ◽  
Health Protection ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Legal Provisions ◽  
Health Field ◽  
The Eu

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.

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 Covid-19 Using Border Controls to Fight a Pandemic? Reflections From the European Union

2020 ◽  
Vol 2 ◽  
Author(s):  
Elspeth Guild
Keyword(s):  
Public Health ◽  
Public Policy ◽  
European Union ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Cross Border ◽  
Article 9 ◽  
Border Controls ◽  
The Eu

When Covid-19 was acknowledged to have arrived in Europe in February-March 2020, politicians and public health authorities scrabbled to find appropriate and effective responses to the challenges. The EU obligation contained in Article 9 Treaty on the Functioning of the European Union (TFEU) requiring the EU (including the Member States to achieve a common protection on human health, however, seems to have been missing from the responses.) Instead, borders and their control became a site of substantial political debate across Europe as a possible venue for effective measures to limit the spread of the pandemic. While the most invasive Covid-19 measures have been within EU states, lockdown, closure of businesses etc., the cross-border aspects (limitations on cross border movement) have been important. In the European Union this had important consequences for EU law on border controls, in particular free movement of persons and the absence of controls among Schengen states. It also implicated border controls with third countries, including European Free Trade Area (EFTA and Switzerland) all states neighboring the EU, the UK (having left the EU on 1 January 2020) the Western Balkans and Turkey. While EU law distinguishes between Schengen borders where no control takes place on persons, non-Schengen EU borders, where controls take place but are limited to identity checks and border controls with third countries and external borders with third countries (non-EFTA or Swiss) the responses of many Member States and the EU institutions abandoned many aspects of these distinctions. Indeed, the difference between border controls between states (inside Schengen, the EU, EFTA, or outside) and internal restrictions on movement became increasingly blurred. Two approaches—public health and public policy—were applied simultaneously and not always in ways which were mutually coherent, or in any way consistent with the Article 9 TFEU commitment. While the public health approach to movement of persons is based on ensuring identification of those in need of treatment or possibly carrying the disease, providing treatment as quickly as possible or quarantine, the public policy approach is based on refusing entry to persons who are a risk irrespective of what that may mean in terms of propagating the pandemic in neighboring states or states of origin. I will examine here the ways in which the two approaches were applied in the EU from the perspective of EU law on border controls.

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 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.

scholarly journals Legal Regulation of the EU Common Agricultural Market

2020 ◽  
Vol 16 (2) ◽  
pp. 89-97
Author(s):  
E. G. Martirosyan
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Farm Animals ◽  
Eu Law ◽  
The European Union ◽  
Agricultural Market ◽  
Member States ◽  
Legal Method ◽  
European Union Legislation ◽  
The Eu

Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs,  as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.

Democracy in Europe: The EU and National Polities

2008 ◽  
Vol 41 (1) ◽  
pp. 219-221
Author(s):  
Bernard H. Moss
Keyword(s):  
European Union ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Oxford University ◽  
The Future ◽  
The Eu ◽  
Oxford University Press

Democracy in Europe: The EU and National Polities, Vivien A. Schmidt, Oxford: Oxford University Press, 2006, pp. 326.Vivien Schmidt is a specialist on the European Union (EU) who, like most, believes that it has taken over most of the functions of the member-states, that it is a pluralist democracy superior to theirs, that it is necessary and beneficial and the wave of the future. The only problem remaining to complete the subordination of the member-states posed in her book is that their politicians have not yet found the language or discourse to convince the public of these self-evident and unavoidable truths.

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.

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.

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