scholarly journals Nexus of the Location of Performance of an Obligation as the Basis of Jurisdiction in the Brussels I bis Regulation in Cases Versus Air Carriers

Lexonomica ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-68
Author(s):  
Jacek Gołaczyński ◽  
Marek Zalisko
Keyword(s):  
European Union ◽  
Air Transport ◽  
The European Union ◽  
Member States ◽  
Cross Border ◽  
Air Carrier ◽  
High Level ◽  
Air Carriers

As it is correctly emphasized by the European Union (EU) legislator, actions in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. The paper attempts to discuss the nexus of the location of performance of an obligation as the basis of special jurisdiction in the context of the Brussels I bis Regulation in cases versus air carriers. A passenger’s choice of special jurisdiction based on the nexus of the location of performance of an obligation in the context of Brussels I bis Regulation, applicable to cross-border matters between Member States supersedes general jurisdiction based on the place of domicile of an air carrier. The nexus of the location of performance of an obligation in cross-border disputes resulting from a contract of air transport made between a passenger and an air carrier as a rule enables the passenger to bring an action in a court based in the location of arrival or departure of the flight.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

Migration, Social Protection, and the (Re)Production of Inequalities in the European Union

2018 ◽  
pp. 134-153
Author(s):  
Thomas Faist
Keyword(s):  
European Union ◽  
Social Protection ◽  
Social Space ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Cross Border ◽  
High Degree ◽  
Transnational Social Space ◽  
The Eu

Europe, and the European Union in particular, can be conceived as a transnational social space with a high degree of transactions across borders of member states. The question is how efforts to provide social protection for cross-border migrants in the EU reinforce existing inequalities (e.g. between regions or within households), and lead to new types of inequalities (e.g. stratification of labour markets). Social protection in the EU falls predominantly under the purview of individual member states; hence, frictions between different state-operated protection systems and social protection in small groups are particularly apparent in the case of cross-border flows of people and resources. Chapter 5 examines in detail the general social mechanisms operative in cross-border forms of social protection, in particular, exclusion, opportunity hoarding, hierarchization, and exploitation, and also more concrete mechanisms which need to be constructed bottom-up.

Circular Migration between Fact and Fiction

2015 ◽  
Vol 17 (2-3) ◽  
pp. 184-209 ◽  
Author(s):  
Jan Schneider ◽  
Bernd Parusel
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Circular Migration ◽  
Member States ◽  
Political Actors ◽  
Clear Cut ◽  
Cross Border ◽  
Third Country Nationals

Political actors in the European Union and in the eu member states have arrived to maintain that managed circular migration can generate benefits both for the destination countries and for the countries of origin of the migrants. Despite the fact that Germany so far has barely engaged in fostering circular migration through distinct programmes, a not inconsiderable share of foreigners from third countries living in Germany today can be viewed as circular migrants. This paper takes an inventory of the extent and characteristics of such spontaneous back-and-forth cross border movements by providing a specific, clear-cut definition for circular migration and thus analysing stock data on third country nationals residing in Germany. Furthermore, we scrutinise the German legal framework with a view to its propensity to encourage patterns of circular migration.

scholarly journals Contemporary economic relations between China and European Union

2014 ◽  
Vol 66 (1-2) ◽  
pp. 35-50
Author(s):  
Nikola Jokanovic
Keyword(s):  
European Union ◽  
Global Economy ◽  
The European Union ◽  
Member States ◽  
Economic Relations ◽  
Trade Relations ◽  
Eu Member States ◽  
Chinese Investment ◽  
High Level ◽  
The Eu

This paper will discuss the economic relations between the European Union and the People?s Republic of China. The introductory part will make an insight into the position of China in the contemporary global economy. The following part of the paper will analyze China-EU trade relations. The topics included will be a general overview of these relations since their establishing in 1975 as well as the European Union?s attitude towards the Chinese WTO membership. The Sino-EU partnership and competition will also be described and it will be followed by an overview of the Sino-EU High Level Economic and Trade Dialogue (HED). The concluding topics in this part of the paper will include Sino-EU trade flows, perceived obstacles to trade and investment as well as recent trade disputes between two trading partners. The third part of the paper will deal with Sino-EU investment flows (with an emphasis on Chinese investments in EU member states). After the introductory remarks concerning the EU investments originating from China, the paper will shed light on particular EU member states which are preferred for Chinese investment as well as the industries in which Chinese companies are willing to invest. The concluding part of this paper will offer possible development of relations between the EU and China in the near future.

scholarly journals The formation of interstate and cross-border scientific-educational and innovative spaces between Ukraine and the European Union member states in the digital economy

2019 ◽  
Vol 2 (2) ◽  
pp. 48-60 ◽  
Author(s):  
Viacheslav Lyashenko ◽  
Iryna Pidorycheva
Keyword(s):  
European Union ◽  
Union Member ◽  
Economic Benefits ◽  
High Tech ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
Cross Border ◽  
European Union Member States ◽  
The Eu

By signing the Association Agreement between the EU and Ukraine, Ukraine has demonstrated its intention and willingness to integrate into the system of formal institutions of the EU, to adopt the EU rules, norms, and practices, which will enable Ukraine to achieve significant economic benefits. One of those benefits is the opportunity to build a true scientific-educational and innovative partnership with the EU Member States within the European Research Area. This study considers opportunities and perspectives of creating an interstate and cross-border scientific-educational and innovative spaces between Ukraine as an associated country and the European Union Member States taking into account key priorities of the ERA and rapidly growing impact of digital technologies. Particular attention has been given to the establishment of a common Polish-Ukrainian scientific-educational space which could be complemented by the entrepreneurial component. The article has identified opportunities, existing prerequisites, directions, and priorities for building Polish-Ukrainian spaces. It has also defined the challenges of formation the European interstate and cross-border scientific-educational and innovative spaces as a whole. It has been suggested to develop hereinafter an interstate and cross-border high-tech clusters based on the interstate and cross-border scientific-educational and innovative spaces. The scheme and the main steps of formation a cross-border cluster of nano- and biotechnologies are proposed.

scholarly journals Correlation between prevalence of tobacco smoking and risk and severity of COVID-19 at the national level in the European Union: an ecological study

2020 ◽  
Author(s):  
Adrián González-Marrón ◽  
Jose M Martínez-Sánchez
Keyword(s):  
European Union ◽  
Tobacco Smoking ◽  
Attack Rate ◽  
National Level ◽  
Significant Negative Correlation ◽  
P Value ◽  
The European Union ◽  
Member States ◽  
Angiotensin Converting Enzyme 2 ◽  
High Level

AbstractThe Angiotensin-converting enzyme 2 (ACE2) protein is the receptor for different coronaviruses, including Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the causative agent of Coronavirus disease 2019 (COVID-19). Previous studies suggested the hypothesis that nicotine could downregulate the expression of the ACE2. Due to the high level of nicotine intake, the objective of this preliminary study was to assess, at the ecological level, the correlation between tobacco smoking and the attack rate and severity of COVID-19 in the European Union (EU). We have found that there is a statistically significant negative correlation between the age-standardized prevalence of tobacco smoking and the attack rate of COVID-19 in member states of the EU [Spearman’s correlation coefficient = −0.476 (95% confidence interval −0.117, −0.725) (p-value = 0.012)], meaning that in member states with a higher age-standardized prevalence of tobacco smoking the attack rate of COVID-19 has been so far lower. Further research is needed to understand the possible effect of nicotine exposure in the expression of the ACE2 protein.

FOI in Ireland and Europe: Progress and Regression

2001 ◽  
Vol 29 (2) ◽  
pp. 256-271 ◽  
Author(s):  
Maeve McDonagh
Keyword(s):  
European Union ◽  
National Level ◽  
Eastern Bloc ◽  
Freedom Of Information ◽  
The European Union ◽  
Member States ◽  
Level Of Activity ◽  
Proposed Regulation ◽  
High Level ◽  
Access To Documents

There has been a high level of activity in the development of standards concerning access to public sector information in Europe in recent years. At domestic level, freedom of information (FOI) legislation has been introduced to the overwhelming majority of member states of the European Union and to a number of former Eastern bloc countries. Freedom of Information has also increased its impact at supra national level, both in terms of progress towards the development by international bodies such as the European Union and the Council of Europe of FOI norms for their Member States and with respect to the opening up of access to documents of the international institutions themselves. There is, however, considerable variation in the content and scope of the various FOI measures introduced. The aim of this paper is to assess the scope and operation of two contrasting examples of recently introduced or proposed FOI measures, namely the Irish FOI Act and the proposed Regulation on Access to Documents of the European Institutions. The overall theme of the paper is that strong FOI measures are needed to combat the tendency toward secrecy in public administration in Europe but that even where access measures are relatively strong in their formulation, their effectiveness can be limited through under-funding or more direct interference with the operation of the access scheme.

An Analysis of the Legal Systems and Mechanisms Introduced in the European Union in the Fight Against Cyberspace Threats

2016 ◽  
Vol 8 (2) ◽  
pp. 0-0
Author(s):  
Anna Kańciak
Keyword(s):  
European Union ◽  
Cyber Security ◽  
Critical Infrastructure ◽  
Economic Security ◽  
The European Union ◽  
Preventive Action ◽  
Member States ◽  
Strategic Objective ◽  
Illegal Activities ◽  
High Level

The ability to conduct attacks in cyberspace from any location in the world, together with a high level of anonymity for the perpetrator, underlines the global nature of this issue. Consequently, threats within cyberspace have become one of the most serious challenges for the national and economic security of countries. The immaterial character of cyberspace and the threats emerging from within its framework transcend borders in respect of both the subject and territorial dimension. The illegal activities conducted in cyberspace are also connected with the low, and constantly decreasing, costs of initiating and conducting attacks along with the relatively high possibility of by the attacking entity remaining anonymous.3 Cyber-security strategies are the response of the European Union and its Member States to the emerging threats. Developing national strategies is a relatively new trend. In such documents Member States present their national perspective in respect of cyberspace protection as well as the rules of conduct, perception of the threat, risk assessment and a strategic objective complemented by other specific objectives. These documents help national decision-makers with policy making in terms of cyberspace protection and the allocation of the resources essential for its development. Apart from cyberspace, strategies designate crucial areas of the state’s functioning as principal area of the protection that require special preventive action, i.e. critical infrastructure, economic development, national security, social development and a sense of security as a component within information-communications technologies applications.

scholarly journals Strategic Partnership between the European Union and Brazil

2020 ◽  
Vol 13 (3) ◽  
pp. 59-70
Author(s):  
Kitti Füzesi
Keyword(s):  
European Union ◽  
Strategic Partnership ◽  
The European Union ◽  
Member States ◽  
Energy Cooperation ◽  
The Past ◽  
High Level ◽  
The Eu

The EU–Brazil Strategic Partnership established in 2007 was the result of a long process. Within the framework of the Strategic Partnership the negotiations were carried out in three levels, between the Union and Brazil, the EU and Mercosur, and Brazil and the Member States of the Union. From the several important objectives specified at the yearly organised high-level summits the paper emphasises two areas, the economic and trade cooperation, and the energy cooperation. In the past thirteen years significant improvement could be experienced in both sectors.

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