scholarly journals Dlaczego potrzebujemy nowej ustawy o humanitarnej ochronie zwierząt?

2017 ◽  
Vol 108 ◽  
pp. 73-85
Author(s):  
Michał Rudy
Keyword(s):  
European Union ◽  
Member State ◽  
National Level ◽  
Legal Regulations ◽  
The European Union ◽  
Legal Regime ◽  
Animal Protection ◽  
European Regulations ◽  
The Republic ◽  
Cruelty To Animals

WHY A NEW ACT ON THE HUMANITARIAN PROTECTION OF ANIMALS IS NEEDED?Legal regulations concerning animals protection clearly state that man owes to respect the animal and each animal requires humane treatment that must be understood by taking into account the needs and protection of animals, as far as care providing. Systematic law amendments, which are concerned to protect the animals from suffering, including unjustified or inhumane killing or cruelty to animals, should be considered as the duty of state authorities. In particular it should be done due to taking into account that animals are recognized as the “subjects of law”, for which there is a special legal regime determined by the provisions devoted to the humanitarian animals protection.The main objective of this article is to identify the aspects, which — according to the author — affect the need to make amendments to the existing provisions concerning humanitarian protection of animals. This includes lack of law transparency, containing its precision and often contradictory regulations. Also, adapting to European regulations should be considered as important issue. Failure in application of European rules to national law means that the Republic of Poland violates its obligation as the Member State of the European Union. The author also notes that the current range of the requested changes proposed by law doctrine, state authorities, as well as by social organizations whose statutory purpose is humanitarian protection of animals is so broad, concerns so conflicting values and interests, as well as some of them are so “revolutionary”, that it requires a comprehensive and systemic look at the humanitarian issue of animal protection at the national level. Hence, instead of performing complicated amendments creation of avery new act on the humanitarian protection of animals should be considered.

Sejm i Senat wobec wyzwań Unii Europejskiej

2019 ◽  
Vol 2 ◽  
pp. 103-114
Author(s):  
Ilona Grądzka
Keyword(s):  
European Union ◽  
National Level ◽  
International Organization ◽  
Decision Making Process ◽  
Primary Role ◽  
International Level ◽  
The European Union ◽  
National Parliaments ◽  
The Republic ◽  
The Eu

The article’s goal is to present the consequences of Polish membership in the European Union (EU) for the functioning of the Polish Sejm and Senate at the national and international level. Polish accession to the European Union resulted in changes to the scope of competences of certain organs of the Republic of Poland. This was related to the transfer of specific state competences to an international organization and it applied, in particular, to the Polish Parliament (the Sejm and Senate) which has lost its primary role as legislator of laws applicable in Poland. In order to avoid the marginalization of national parliaments in the EU decision-making process, appropriate legal measures have been introduced at the national and international level. Additionally, after the Treaty of Lisbon entered into force, national parliaments have received new competences which allowed them to exist on the forum of the European Union. The article puts forward the thesis that the Polish Sejm and Senate have lost their position as main legislative bodies at the national level but, at the same time, they have acquired a new European function which can neither be qualified as traditionally understood legislative nor controlling functions.

scholarly journals Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽  
2019 ◽  
Vol 110 ◽  
pp. 24-45
Author(s):  
Ingrida Danėlienė
Keyword(s):  
European Union ◽  
Human Rights ◽  
Family Life ◽  
National Level ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

France and the European Union

2019 ◽  
Author(s):  
Christian Lequesne ◽  
Avtansh Behal
Keyword(s):  
European Union ◽  
Public Opinion ◽  
Member State ◽  
Security Policy ◽  
Domestic Politics ◽  
The European Union ◽  
Founding Member ◽  
Foreign And Security Policy ◽  
The Republic ◽  
The Eu

The European Union (EU) is a multilevel governance whose dynamics of change cannot be understood outside the perspective of each member state. France has contributed to the politics and policies of the EU, but the EU has also had an impact on French domestic politics and policies. As a founding member state of the European Communities (EC), France has played since the 1950s a major role in the development of European institutions, policies, and reforms leading to the EU. France has also, however, always had a paradoxical position regarding the institutional design of the EU. On one side, France has supported the principle of supranationality in the economic areas of EU integration (market and monetary policy). On the other side, it has preferred the intergovernmental method for foreign policy and defense. France’s influence in the EU was for a long time exercised in co-leadership with Germany. The return of Germany to full sovereignty after its reunification, the enlargements of the EU toward the East, and a growing asymmetry between French and German economies made the Franco-German partnership less central in the 1990s. France’s influence on Economic and Monetary Union (EMU) has diminished to the benefit of Germany, while it has remained central for the definition of a EU foreign and security policy. Like most of the EU member states, France has also to cope domestically with a growing politicization of the EU issue in the domestic context since the middle of the 1990s. Opposition to the EU has arisen among French public opinion and has restrained the autonomy of the French executive (president of the republic and government) in the EU negotiations. The dominant narrative in France about EU membership has four main components: being a founding member state, being a big member state, co-leading the EU with Germany, and making sure that the EU maximizes the French national interest. The relationships of the main French institutional actors with the EU focus on the president of the Republic, the prime minister, and the National Parliament, as well as major national courts and interest groups. The political debates on the EU in the French public sphere involve the mainstream political parties, the rise of Euroskepticism, the referendum campaigns on EU issues, and general trends in the public opinion. France’s contributions to the main EU policies include membership in the EMU, the commitment to the Common Foreign and Security Policy, the attitudes toward the enlargement processes, and the future of the EU institutional reforms.

scholarly journals LEGAL WAYS OF REALIZATION OF THE ELECTRONIC GOVERNANCE IN THE EUROPEAN UNION COUNTRIES

2019 ◽  
Keyword(s):  
European Union ◽  
Member State ◽  
Public Services ◽  
National Level ◽  
Legal Regulation ◽  
Practical Implementation ◽  
Regulation Mechanism ◽  
The European Union ◽  
Services Delivery ◽  
European Union Legislation

The article is to devoted to the study of the experience of Member State in the field of practical implementation of e-governance. The author analyzed norms of the European Union legislation in the sphere of regulation the modern model of e-governance. Based on the analysis of the norms of the European Union legislation is suggested to mean the e-government as one of the priority tools of the European concept of governments’ modernisation strategу. The potential and ways of improving of the e-governance current model in the Member State are determined. The modern ways of realization of the e-governance at regional and European Union level are defined. The best Member State practices, which will provide an opportunity of the implementation the modern digital technologies in the sphere of the public services. delivery was underlined and systematized be the author. The most effective ways of realization of the e-governance, according to the author, which are used in the member states of the European Union, include: сross-border digital public services, of electronic identification and trust services for electronic transactions in the internal market (eIDAS services); Open Data Portal; shared Cloud Infrastructure; system of the e-democracy and e-participation measures; mutual public service centers; removation of the existing digital barriers; artificial intelligence technologies; using real-time data. This investigation contributed to formation of theoretical conclusions and practical recommendations that are aimed at improvement of the e-governance legal regulation mechanism at national level. The necessity of the enhancement the national e-governance system and make it consistent with standards of European Union law is emphasized.

scholarly journals Are the EU Member States Ready for the New Union Customs Code: Emerging Legal Issues On the National Level

2017 ◽  
Vol 14 (1) ◽  
pp. 58-75
Author(s):  
Gediminas Valantiejus
Keyword(s):  
European Union ◽  
International Trade ◽  
National Level ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Before And After ◽  
The Republic ◽  
The Eu

AbstractIn 2016, the European Union has launched a new and ambitious project for the future regulation of international trade in the European Union and the rules of its taxation: since the 1 May 2016, the new Union Customs Code (UCC) has entered into force. It revokes the old Community Customs Code (CCC), which was applied since 1992, and passed in the form of EU regulation sets brand-new rules for the application of Common Customs Tariff and calculation of customs duties (tariffs) in all the EU Member States. It is oriented to the creation of the paperless environment for the formalisation of international trade operations (full electronic declaration of customs procedures) and ensuring of a more uniform administration of customs duties in the tax and customs authorities of the Member States in the European Union. Therefore, the article raises and seeks to answer the problematic question whether the Member States of the European Union themselves are ready to implement these ambitious goals and does the actual practice of the Member States support that (considering the practice of the Republic of Lithuania). The research, which is based on the analysis of case law in the Republic of Lithuania (case study of recent tax disputes between the taxpayers and customs authorities that arose immediately before and after the entry into force of the UCC), leads to the conclusion that many problematic areas that may negatively impact the functioning of the new Customs Code remain and must be improved, including an adoption of new legislative solutions.

scholarly journals Rys historyczny prawnych aspektów ochrony weterynaryjnej zwierząt w Polsce

2017 ◽  
Vol 108 ◽  
pp. 115-125
Author(s):  
Piotr Listos ◽  
Magdalena Gryzińska ◽  
Małgorzata Dylewska
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Legal Aspects ◽  
Zoonotic Diseases ◽  
The European Union ◽  
Animal Protection ◽  
Municipal Law ◽  
European Regulations ◽  
Local Law ◽  
The Impact

HISTORICAL LEGAL ASPECTS OF THE PROTECTION OF ANIMALS VETERINARY IN POLANDTreatment of animals by aman as asphere that requires legislation began to take place in modern history at the beginning of the nineteenth century. Objectives and content of legislation on animal protection, developed according to the needs of man, has been changing in different historical epochs. One of the main trends of animal protection outlined by law is their veterinary protection. It is amultidimensional form of legal protection of animals and it incorporates in each different kind of animal protection, in Poland delineated by the legislature.The first regulations on the veterinary protection were formed in Poland along with the development of local law that was established on the principles of the municipal law of Magdeburg. These regulations have evolved over the years, until modern times.The fact of major importance for the veterinary protection was Polish accession to the European Union. It resulted in the need for implementation of anumber of European regulations into national law. Analysis of regulations of veterinary protection in Poland leads to the conclusion that the fight against infectious diseases occurring among animals was the main form of protection. An example of the impact and effectiveness of the established regulations is combating one of the most dangerous zoonotic diseases — rabies.

scholarly journals The Existential Crisis of Citizenship of the European Union: The Argument for an Autonomous Status

2018 ◽  
Vol 20 ◽  
pp. 116-146 ◽  
Author(s):  
Oliver GARNER
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Legal Regime ◽  
New Approach ◽  
Autonomous Choice ◽  
Existential Crisis ◽  
Union Citizenship ◽  
National Citizenship ◽  
The Status

AbstractThis article argues for the (re)construction of citizenship of the European Union as an autonomous status. As opposed to the current legal regime, whereby individuals with nationality of a Member State are automatically granted citizenship of the Union, under this proposal individuals would be free to choose whether or not to adopt the status of citizen of an incipient European polity. At present, the telos and essence of citizenship of the Union is contested. It may be argued that the status is partial or incomplete. This has informed competing normative perspectives. ‘Maximalist’ positions praise the judicial construction of Union citizenship as destined to be the ‘fundamental status’ for all Member State nationals. By contrast, ‘minimalist’ positions argue that the status should remain ‘additional to’ Member State nationality, and the rights created therein should remain supplementary to the status and rights derived from national citizenship. This article will argue for a new approach to the dilemma. By emancipating the condition for acquisition of EU citizenship from nationality of a Member State, and reconstructing it as an autonomous choice for individuals, it is tentatively suggested that a new constitutional settlement for Europe may be generated.

THE BULGARIAN MODEL OF THE PROSECUTOR’S OFFICE AND PROSECUTOR GENERAL

2017 ◽  
Author(s):  
Venelin Krastev Terziev ◽  
◽  
Marin Petrov Georgiev ◽  
Stefаn Marinov Bankov ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Member State ◽  
Rule Of Law ◽  
Legal Framework ◽  
Legal Order ◽  
The European Union ◽  
The Rule Of Law ◽  
Eu Countries ◽  
The Republic ◽  
Legal Procedures

The independence of the Prosecutor General of any Member State of the European Union is extremely important with a view to comply with the legal framework and the rule of law. It lays the foundations of trust in the judiciary and the fundaments of statehood, creates a sense of law and legal order. That is why it is highly important in the context of the present to outline the control of the activity of the Prosecutor General in the exercise of his powers, clearly emphasizing that the Bulgarian Prosecutor General is not out of control in his powers. The legal powers of the Prosecutor General of the Republic of Bulgaria are even more limited than the powers of analogous figures in the legal systems of other EU countries. The Prosecutor General exercises his powers only in exceptional cases and according to previously prescribed legal procedures.

scholarly journals Europeanization of Law in Poland from the point of view of Constitutional Law

1970 ◽  
pp. 243-250
Author(s):  
Andrzej Szmyt ◽  
Anna Rytel-Warzocha
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
National Level ◽  
Point Of View ◽  
The European Union ◽  
Constitutional Amendments ◽  
The Republic ◽  
Mutual Relations ◽  
Polish Law ◽  
The Eu

The article is devoted to the challenges and problems concerning the accession of the Republic of Poland in the European Union. The authors analyze the constitutional bases of the accession to the EU as well as basic legal acts which have regulated the mutual relations between Poland and the EU. The Republic of Poland has acceded to the European Union by virtue of the Accession Treaty which was signed on 16 April 2003 in Athens and entered into force on 1 May 2004. From the point of view of constitutional law, there were several issues which concerned the preparation for EU accession at the national level. They were especially related to: 1) the establishment of legal basis allowing for the integration the law of the European Union with Polish constitutional law, 2) the harmonization of the Polish legal system with the legal order of the European Union, 3) the establishment of the ratification procedure of the Accession Treaty. All these issues required new legal regulations to be implemented to the Constitution. That was why the new Constitution of the Republic of Poland adopted on 2 April 1997 included two provisions relevant for the issues concerning the integration with the European Union - art. 90 and art. 91 para The main problems presented in the article concern the relation of Polish national law (in particular the Constitution) to the sources of primary and secondary European law, the harmonization of Polish law with EU law (constitutional amendments referring to “EU matters”, necessary amendments of statutory law and the provisions of the Standing Orders of the Sejm and the Senate), as well as institutional changes in Poland determined by the EU membership.

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