scholarly journals HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS

2021 ◽  
pp. 115-124
Author(s):  
V. R. Barskyy ◽  
D. Yu. Dvornichenko
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Geographical Indications ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
National Legislation ◽  
Long Run ◽  
The One ◽  
Energy Community

The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.

scholarly journals Legal significance of the decisions of the court of the European Union concerning the application of commonwealth energy legislation in the energy sphere by other states-participants and issue on the use of such decisions by the courts of Ukraine in the resolution of relevant disputes

2021 ◽  
Author(s):  
Maryna Semenova
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Legal Form ◽  
Member States ◽  
Association Agreement ◽  
Court Of Justice ◽  
European Court ◽  
Energy Community ◽  
The Eu

Problem setting. The Court of the European Union is a central term, which characterizes the entire court system of the European Union, which, without a doubt, includes three lanes: the Court of Justice, the Zagalny Court and special judges. Such an institute is aimed at accepting new acts of legal form and legal significance, and the very decision, the decision of the institution. The acceptance of such acts is a manifestation of the implementation of the judicial competence of the named institution, however, the link with the system is determined by the following: which may be the reason for the nature of precedent practice; both the established stench for the use of the Court itself by the Court of Justice itself, as well as by the other institutions, which have been approved by Article 13 of the Treaty on the European Union; what is the decision of the Court EU norms of law EU. Analysis of the meaningful nutrition is the subject of a complete dosage. Analysis of recent researches and publications. The legal meaning of the decision to the Court of the European Union and the possibility of implementing such decisions before the legislation of Ukraine. Target of research is to examine the status of decisions of the Court of Justice of the European Union as a precedent. Article’s main body. The research is devoted to the analysis of the legal significance of the decisions of the Court of Justice of the European Union on the application of acts of the legislation of the Energy Community in the field of energy by the courts of Ukraine in resolving relevant disputes. It is noted that the Court of Justice of the EU is a judicial institution of another legal order, an international organization – the European Union, whose practice is fundamental to the development of the rule of law in the European Union. However, it is stated that the national courts of the EU member states are tasked with the daily application of EU law in accordance with the principles of supremacy, direct action and responsibility of member states for compliance with EU law. It is established that the legal basis for the functioning of the electricity market is the Constitution of Ukraine, special laws, international treaties of Ukraine, approved by the Verkhovna Rada of Ukraine, and other legislation of Ukraine, according to which the subjects of power and courts In applying the provisions of this Law, the law enforcement practice of the Energy Community and the European Union shall be taken into account, in particular decisions of the Court of Justice of the European Union (European Court of Justice, General Court), the European Commission and the Energy Community Secretariat. Conclusions and prospects for the development. A systematic analysis of the norms of national and international law allows us to conclude that the provisions of the Association Agreement between Ukraine and the EU are part of the national legislation of Ukraine, its provisions are mandatory and binding throughout Ukraine. Therefore, the case law of the Court of Justice of the European Union is applicable to the courts of Ukraine in resolving disputes concerning the application of energy legislation in the field of energy by other member states in full in the same manner as for the application of European Court of Human Rights.

scholarly journals International Cooperation Between Ukraine and Latvia in the Area of Justice (Executive Branch of Power)

2021 ◽  
Vol 2 (20) ◽  
pp. 67-74
Author(s):  
Olena Agapova
Keyword(s):  
European Union ◽  
Executive Branch ◽  
The European Union ◽  
Association Agreement ◽  
Fruitful Cooperation ◽  
Bilateral Cooperation ◽  
The Republic ◽  
The One ◽  
Energy Community ◽  
Intentions To Change

Implementation of the Association Agreement between Ukraine and the European Union has opened additional opportunities for establishing bilateral cooperation between bodies, institutions and organisations in the field of justice. The article examines the structure and management system of the Ministries of Justice of Ukraine and Latvia. In the course of a detailed analysis of the institutional structure and functional purpose, it was established that the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Latvia have similar activities and management systems, typical for many European countries. Ukraine’s European integration aspirations, reflected in its commitments under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, demonstrate Ukraine’s serious intentions to change its approach to justice. It is established that in the direction of the development of cooperation in the field of justice between Ukraine and Latvia fruitful cooperation is established, which is reflected in the Memorandum of Understanding between the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Latvia.

LEGAL REGULATION OF WASTE MANAGEMENT: IMPLEMENTATION OF EUROPEAN UNION LEGISLATION

2017 ◽  
Author(s):  
Daryna Kosinova ◽  
◽  
Bohdan Shymanskyi ◽  
Vladyslav Harkusha ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Waste Management ◽  
Legal Regulation ◽  
State Regulation ◽  
The European Union ◽  
Association Agreement ◽  
Normative Documents ◽  
The One ◽  
Energy Community ◽  
The Eu

This article is devoted to a comparative analysis of the legislation of Ukraine and the EU in the field of legal regulation of waste management. The requirements for approximation of the legislation of Ukraine and the EU in the context of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, are considered. This process is detailed, with the establishment of specific deadlines for the implementation of certain provisions of EU law in Ukrainian law, in Annex XXX to the Association Agreement. Approaches to the establishment of the concept of «waste» in national legislation are noted, it is emphasized that various regulations provide a different definition of this concept and established as defined by EU legislation, a key component of which is the concept of disposal, which aims to solve the problem of homelessness. waste. A number of solutions regulating the classification of waste in the European Union are considered, in particular the existence of the so-called List of waste. Emphasis is placed on the imperfection of the waste classification process in Ukraine, as the Waste Classifier DK 005- 96 does not establish the degree of harmful effects of waste on the environment. The requirements set out in the main Directives governing waste management have been studied. The principles of waste management are considered, in particular, which is enshrined in Directive 75/442/EEC. The National Strategy for Waste Management in Ukraine until 2030 is studied, which identifies the main directions of state regulation in the field of waste management, taking into account European approaches, which are based on key Directives in this area. The strategy stipulates that the normative documents that will be developed and adopted for its implementation should be based exclusively on the principles and provisions of the relevant acts of European legislation.

scholarly journals Are traditional minority languages a bench marking for the rights of migrant languages in the European Union?

2018 ◽  
Vol 30 (4) ◽  
pp. 40-60
Author(s):  
Christopher Houtkamp ◽  
László Marácz
Keyword(s):  
European Union ◽  
Linguistic Diversity ◽  
Comparative Approach ◽  
Minority Languages ◽  
Language Rights ◽  
The European Union ◽  
Member States ◽  
Linguistic Rights ◽  
The Status ◽  
The One

In this paper a normative position will be defended. We will argue that minimal territorial minority language rights formulated in terms of the personality principle referring to traditional minority languages granted in the framework of the European Union (EU) are a benchmark for non-territorial linguistic rights. Although territorial minority languages should be granted collective rights this is in large parts of Europe not the case. Especially in the Central and Eastern European Member States language rights granted to territorial languages are assigned on the basis of personal language rights. Our argumentation will be elaborated on the basis of a comparative approach discussing the status of a traditional territorial language in Romania, more in particular Hungarian spoken in the Szeklerland area with the one of migrant languages in the Netherlands, more in particular Turkish. In accordance with the language hierarchy implying that territorial languages have a higher status than non-territorial languages both in the EUs and Member States’ language regimes nonterritorial linguistic rights will be realized as personal rights in the first place. Hence, the use of non-territorial minority languages is conditioned much as the use of territorial minority languages in the national Member States. So, the best possible scenario for mobile minority languages is to be recognized as a personal right and receive full support from the states where they are spoken. It is true that learning the host language would make inclusion of migrant language speakers into the host society smoother and securing a better position on the labour market. This should however be done without striving for full assimilation of the speakers of migrant languages for this would violate the linguistic rights of migrants to speak and cultivate one’s own heritage language, violate the EUs linguistic diversity policy, and is against the advantages provided by linguistic capital in the sense of BOURDIEU (1991).

scholarly journals New Approaches to Providing of Environmental Management in Ukraine on the Way to Euro Integration

2019 ◽  
Vol 8 (2) ◽  
pp. 45
Author(s):  
Olena Gulac ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Liudmyla Dubchak
Keyword(s):  
Environmental Management ◽  
European Integration ◽  
Public Management ◽  
Ecological Management ◽  
The European Union ◽  
Association Agreement ◽  
New Approaches ◽  
The One ◽  
Energy Community ◽  
The Way

The article is devoted to the research of the latest approaches to providing of environmental management in Ukraine on the way to European integration. Based on the research, the necessity of introducing new approaches to providing of environmental management in Ukraine as one of the most important directions of European integration processes in Ukraine as a whole has been substantiated. The ways of improvement of separate directions of ecological management are offered, which are considered in the article through the prism of separate functions of ecological management and are considered innovative, in particular, for Ukraine. The European aspirations of Ukraine in the environmental sphere have been argued by the norms of the recently adopted Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other. The prospective directions of introduction of the mentioned approaches in the modern practice of public administration of Ukraine, given the high environmental risks and threats faced by the entire world community, are indicated. Keywords: environmental management, public management of the environmental sphere, new approaches to providing of environmental management, eurointegration, European integration processes in the environmental sphere.

Poland and the European Union

2018 ◽  
Author(s):  
Ireneusz Paweł Karolewski ◽  
Maciej Wilga
Keyword(s):  
European Union ◽  
Eastern Bloc ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
Eu Foreign Policy ◽  
Membership Application ◽  
Eu Membership ◽  
Council Presidency ◽  
The Eu

Multifaceted in its character, the relationship between Poland and the European Union is now more than a quarter of a century old. After the breakdown of the Eastern bloc, Poland signed the Association Agreement with the then European Communities in December 1991, which led up to an EU membership application three years later. Not yet a member, the country had some impact on the Union in the Nice Treaty negotiations (2000–2001), as well as on the European Constitutional Convention proceedings (2001–2003). After a successful EU membership referendum in 2003, reflecting a great deal of societal support, Poland, along with nine other newcomers, became a fully-fledged member of the EU. Once within the bloc, Warsaw was at pains to develop a more coherent EU policy, as it often changed its positions between more collaborative approaches and veto threats, but also absolving a successful rotating EU Council presidency in 2011. The country collaborated with other member states in Central and Eastern Europe—in the Visegrád framework and with the older member states—through the Weimar Triangle, for example, however with sometimes mixed results. Poland has prioritized a number of issues in the EU such as the energy sector, security and defense, and the Eastern partnership, the latter focusing on the EU Eastern neighbors, including Ukraine and Belarus. In particular, during the Ukraine-Russia conflict of 2014–2015, Poland was one of most active actors in the EU foreign policy. However, since 2015 Poland has become a subject of controversy within the EU, regarding the rule of law standards that were criticized by the European Commission and Warsaw’s rejection of a relocation scheme in the EU refugee and migrant policy.

Variable Geometry or Concentric Circles: Patterns for the European Union

1997 ◽  
Vol 46 (2) ◽  
pp. 243-273 ◽  
Author(s):  
J. A. Usher
Keyword(s):  
European Union ◽  
The Other ◽  
Variable Geometry ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Community Institutions ◽  
European Court ◽  
Private Citizens ◽  
The One

Once upon a time, a Professor of European Institutions, at least if a lawyer by training, could simply assert that the European Communities are based on the rule of law, that they create institutions with autonomous powers, which are able to issue legislation binding as law throughout every member State of the Community, and that they create courts which have power to exercise judicial control over a complex network of relationships between the Community institutions, the member States and private citizens. While these statements are still true, however, they must now be laced in a rather more complex context. Furthermore, there is a contrast between on the one hand the intensification (to borrow a word from the Common Agricultural Policy) of certain fundamenta s of the EC legal order in the recent case law of the European Court, and on the other hand attempts by member States to escape this through non-EC forms of cooperation in the framework of the European Union, the development of the idea that not all the rules of the EC Treaty apply to all the member States, and the entry by the majority of the member States into a separate Treaty, the Schengen Agreement, dealing with matters which might be thought to fall under the EC Treaty or the Home Affairs and Justice pillar of the Treaty on European Union—all of which might generically be referred to as variable geometry. In the other direction, it may be observed that large amounts of substantive

The EU as guarantor of environmental protection in Germany

elni Review ◽  
2017 ◽  
pp. 17-24
Author(s):  
Thomas Ormond
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Modern Society ◽  
The European Union ◽  
Member States ◽  
Law And Policy ◽  
Main Instrument ◽  
Energy Community ◽  
The Eu

In recent years it has become fashionable again among politicians and publicists across Europe to practice ‘Brussels bashing’ and make the EU responsible for many ills of globalisation and modern society. This applies in particular to the field of environmental law. The European Union has been active in the field of environmental protection since the 1970s, i.e. since a time when there was no Union yet but a European Economic Community (EEC), a European Coal and Steel Community and a European Atomic Energy Community (Euratom). The EEC Treaty of 1957 did not know the term ‘environmental protection’ and for the next decades did not contain any explicit legislative competence for this subject matter. The main instrument of EU environmental policy is the directive. In the European context it means a framework law, as proposed by the EU Commission and adopted by the Council and the European Parliament, which the Member States have to transpose within certain deadlines into their national law, and specify and implement by their authorities into practice. The directive is binding as regards the objective (the result to be achieved) but leaves the choice of form and methods to the national authorities. It is estimated that 80% of current environmental law in Germany (as well as probably in other Member States) is determined by the European Union. The author of this article presents his thoughts on how the EU shapes Member State environmental law and policy, highlighting inter alia “innovation from Brussels” such as EIA, access to environmental information and climate protection, as well as the systematic and risk-based approach as hallmark of EU legislation.

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

scholarly journals The EU-Eastern Partnership Countries: Association Agreements and Transdisciplinarity in Studies, Training and Research

2014 ◽  
Vol 4 (2) ◽  
pp. 134-149
Author(s):  
Tatyana Muravska ◽  
Alexandre Berlin
Keyword(s):  
European Union ◽  
Comparative Approach ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
Eastern Partnership ◽  
Eu Member States ◽  
Eastern Partnership Countries ◽  
European Union Studies ◽  
The Eu

Abstract The European Union (EU) signed Association Agreements on 27 June 2014 with Georgia, the Republic of Moldova, and Ukraine. The Association Agreement (AA) is the EU’s main instrument to bring the countries in the Eastern Partnership (EaP) closer to EU standards and norms. For the citizens of the EaP countries to benefit from these agreements, a more in-depth knowledge of the EU and the EU Member States is required to be reflected in a comparative approach to European Union studies. We examine these implications on the need to expand and adapt, the content and approach to research and teaching European Union studies, with the transdisciplinary approach becoming increasingly dominant, becoming a modern tool for research in social sciences. This contribution aims to offer insight into the implementation of transdisciplinarity in the methodology of education and research as it is determined by current increasing global challenges. This approach should serve as a means of integrating a number of main goals as part of learning, teaching and research processes: strengthening employability of young people and preparing them for citizenship. We discuss the need for modernizing European studies in the EU Member States that could serve as an example for the EU Eastern Partnership countries. We conclude that the theoretical approach to European and related studies of other disciplines and their practical implications should always be transdisciplinary in nature and benefit from direct in-situ exposure and should be fully integrated in university curricula

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