Comparative characteristic between European and Ukrainian legal mechanisms for regulating the discharges of pollutants

The article examines and compares the structures and basic norms of legal mechanisms for controlling the discharge (CD) of polluting substances (PS) from point technogenical sources into surface waters of EU and Ukrainian legislation. To analyze the systemic construction of the European CDPS and a meaningful study of its main elements, a tool has been identified, which is the chain of spreading of restrictive (limiting) legal influence, its legislative links and regulative norms. The structure and composition of this chain of European CDPS are identified, PS flows and information links between restrictive standards are studied. It is noted that the main branches of the structure of the European CDPS are technological and environmental legal influences. The second branch is additional. It complements the first one for some priority substances and it uses to limit the discharge of PS properties of the area of the water body which adjacent to the discharge of PS, the so-called mixing zones (MZ). The place and significance of the CDPS subinstitution in the European water legislation are investigated. The peculiarities of the European regulatory standards of the CDPS are determined. The comparison of the European and Ukrainian CDPSs using the scale of features that characterize the links in the chain of limiting legal influence is fulfilled. The concordance of the features of the Ukrainian CDPS to the European one was assessed by the categories: “fully compliant”, “partially compliant”, “does not contradict”, “does not comply”, “not regulated by EU legislation”. The distribution of concordance assessments testifies to the fundamental difference between the European CDPS and the Ukrainian one. The most important differences of legal discordance are investigated. It is concluded that the main difference between the two CDPS subinstitutions is that Ukrainian regulation is based only on the economic use of the assimilative capacity of the MZ. It is emphasized that the concept of MZ for more than 60 years of its actual use has not received proper legal justification in Ukrainian law. In contrast to the Ukrainian regulation, the main influence of the European CDPS is aimed at directly limiting the sources of PS. The priority changes in the water legislation of Ukraine for the implementation of the requirements of the EU legislation on CDPS, have been proposed.

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Schizophrenic Stakes of GMO Regulation in the European Union

European Journal of Risk Regulation ◽

10.1017/s1867299x00002051 ◽

2012 ◽

Vol 3 (2) ◽

pp. 202-211 ◽

Cited By ~ 1

Author(s):

Claudio Mereu

Keyword(s):

Genetically Modified Organisms ◽

Detailed Examination ◽

Regulatory Framework ◽

The European Union ◽

Eu Legislation ◽

European Institutions ◽

Depth Analysis ◽

The World ◽

European Regulatory ◽

The Eu

EU legislation on genetically modified organisms (GMOs) is the most stringent legislation governing the matter in the world, laying down strict conditions relating to labelling, traceability, threshold and release on the market. In light of a recent Commission proposal to amend Directive 2001/18, which currently regulates the release of GMOs on the European market, this article asks whether and on what basis such stringency is justified. This is done through an in depth analysis of the EU regulatory framework for GMOs while at the same time highlighting the multiple interests at stake (environmental, scientific, industrial, political, national and European).This article argues that the European institutions should proceed to amend Directive 2001/18 on the basis of a detailed examination of the benefits as well as the risks that GMOs present. This article, however, raises concern that the European regulatory framework will focus exclusively on the risks or on political concerns relating to GMOs instead, for it is a fear of GMOs that seems to permeate the system from top to bottom.

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Developing Trade in Services

National Institute Economic Review ◽

10.1177/002795011925000114 ◽

2019 ◽

Vol 250 ◽

pp. R30-R33

Author(s):

Alexis P. Lautenberg

Keyword(s):

Financial Services ◽

Trade In Services ◽

Executive Summary ◽

Services Sector ◽

Regulatory Standards ◽

European Regulatory ◽

The Status ◽

The Government ◽

The Uk ◽

The Eu

Executive SummaryServices are simultaneously the most important sector of the UK economy and the sector facing the biggest challenge as a result of Brexit. The prospective departure from the European Single Market reduces the UK to the status of ‘3rd country’ in respect of services. Accessing the internal market will depend on both subjective and objective conditions that differ from sector to sector, requiring detailed and highly specific arrangements for such industries as aviation and financial services.In practice, the EU can be expected to use these circumstances to discourage the UK from significantly diverging from European regulatory norms, as a matter of policy. In view of the weakness of, and uncertainty surrounding, international moves to oversee, let alone to further liberalise, trade in services, Brexit will thus leave the UK's services sector – and especially financial services – uniquely isolated and exposed. The government will hence need to consider carefully the costs of decisions to diverge from EU regulatory standards, and should be giving great priority to establishing clear objectives for close cooperation between the UK and the EU policy makers and regulators.

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Legal reforms in the field of public health and the accession of the Republic of Serbia to the European Union - a review of regulatory standards

Srpski arhiv za celokupno lekarstvo ◽

10.2298/sarh19050482s ◽

2019 ◽

Vol 147 (7-8) ◽

pp. 506-512

Author(s):

Marta Sjenicic ◽

Marko Milenkovic

Keyword(s):

Public Health ◽

European Union ◽

The European Union ◽

Legal Reforms ◽

Eu Legislation ◽

Regulatory Standards ◽

Accession Process ◽

The Republic ◽

The Moment ◽

The Eu

Accession to the European Union (EU) is a comprehensive process of reforms and harmonization of legislation with EU regulations, which must be accompanied by the implementation of EU standards. Although the EU competencies in the field of health care are limited, and health law does not represent a large part of the EU legislation, harmonization and further reforms are needed in a number of areas. The main focus of this paper is the negotiation Chapter 28 within the EU accession process, which covers a number of thematic areas in the field of public health encompassing various legislative and strategic acts of the EU. At the moment, the EU has still not opened the negotiations in this field with Serbia. In order to introduce health professionals in Serbia to current developments, the paper analyzes the most important aspects of alignment with EU legislation and the need for further regulatory reforms.

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The Interaction of Judicial and Legislative Policymaking

10.1093/oso/9780198717775.003.0004 ◽

2018 ◽

Author(s):

Susanne K. Schmidt

Keyword(s):

Mutual Recognition ◽

Case Law ◽

Legislative Process ◽

European Legislation ◽

Eu Legislation ◽

Political Preferences ◽

General Rules ◽

Judicial Policymaking ◽

The Impact ◽

The Eu

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

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Artificial Intelligence in Biomedicine: A Legal Insight

BioTech ◽

10.3390/biotech10030015 ◽

2021 ◽

Vol 10 (3) ◽

pp. 15

Author(s):

Takis Vidalis

Keyword(s):

Artificial Intelligence ◽

Personal Data ◽

Health Data ◽

The Self ◽

Data Handling ◽

Direct Control ◽

Eu Legislation ◽

Attending Physicians ◽

Self Learning ◽

The Eu

The involvement of artificial intelligence in biomedicine promises better support for decision-making both in conventional and research medical practice. Yet two important issues emerge in relation to personal data handling, and the influence of AI on patient/doctor relationships. The development of AI algorithms presupposes extensive processing of big data in biobanks, for which procedures of compliance with data protection need to be ensured. This article addresses this problem in the framework of the EU legislation (GDPR) and explains the legal prerequisites pertinent to various categories of health data. Furthermore, the self-learning systems of AI may affect the fulfillment of medical duties, particularly if the attending physicians rely on unsupervised applications operating beyond their direct control. The article argues that the patient informed consent prerequisite plays a key role here, not only in conventional medical acts but also in clinical research procedures.

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Company Changing Status and Its Linking to Competitiveness

Economic Themes ◽

10.1515/ethemes-2015-0001 ◽

2015 ◽

Vol 53 (1) ◽

pp. 1-17

Author(s):

Dragana Radenković-Jocić ◽

Ivan Barun

Keyword(s):

Mergers And Acquisitions ◽

Legal Framework ◽

Decision Makers ◽

Economic Activities ◽

Economic Interests ◽

Eu Legislation ◽

The Republic ◽

The Right ◽

A Company ◽

The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

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Has the Action for Failure to Act in the European Union Lost its Purpose?

Baltic Journal of Law & Politics ◽

10.1515/bjlp-2015-0008 ◽

2014 ◽

Vol 7 (2) ◽

pp. 209-226 ◽

Cited By ~ 2

Author(s):

Inga Daukšienė ◽

Arvydas Budnikas

Keyword(s):

European Union ◽

Judicial Review ◽

Scientific Literature ◽

Case Law ◽

The European Union ◽

Eu Legislation ◽

Court Of Justice ◽

Legal Remedy ◽

The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

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Changes in Fungal Population and Aflatoxin Levels and Assessment of Major Aflatoxin Types in Stored Peanuts (Arachis hypogaea Linnaeus)

Journal of Food Research ◽

10.5539/jfr.v2n5p10 ◽

2013 ◽

Vol 2 (5) ◽

pp. 10 ◽

Cited By ~ 8

Author(s):

John Maina Wagacha ◽

Charity K. Mutegi ◽

Maria E. Christie ◽

Lucy W. Karanja ◽

Job Kimani

Keyword(s):

Moisture Content ◽

Aflatoxin B1 ◽

Fungal Pathogens ◽

Aflatoxin Contamination ◽

Fungal Population ◽

Total Aflatoxin ◽

Regulatory Standards ◽

Polyethylene Bags ◽

Jute Bags ◽

The Eu

Peanut kernels of Homabay Local, Valencia Red, ICGV-SM 12991 and ICGV-SM 99568 cultivars were stored for six months in jute, polypropylene and polyethylene bags to assess the effect of storage bags, temperature and R.H. on fungal population and aflatoxin contamination. Moisture content (M.C.), fungal population and aflatoxin levels were determined before storage and after every 30 days during storage. Isolates of Aspergillus flavus and A. parasiticus were assayed for production of aflatoxin B1, B2, G1 and G2. The correlation between MC, population of A. flavus and A. parasiticus and aflatoxin levels in peanuts was also determined. Six fungal pathogens were commonly isolated from the peanut samples and occurred as follows in decreasing order: Penicillium spp. (106.6 CFU/g), A. flavus L-strain (4.8 CFU/g), A. flavus S-strain (2.9 CFU/g), A. niger (2.6 CFU/g), A. parasiticus (1.7 CFU/g) and A. tamarii (0.2 CFU/g). The overall population of A. flavus L-strain was 66% higher than that of A. flavus S-strain. Ninety one percent of A. flavus and A. parasiticus isolates produced at least one of the four aflatoxin types assayed, with 36% producing aflatoxin B1. Total aflatoxin levels ranged from 0 - 47.8 µg/kg with samples stored in polyethylene and jute bags being the most and least contaminated, respectively. Eighty nine percent and 97% of the peanut samples met the EU (? 4 µg/kg) and Kenyan (? 10 µg/kg) regulatory standards for total aflatoxin, respectively. Peanuts should be adequately dried to safe moisture level and immediately packaged in a container - preferably jute bags - which will not promote critical increases in fungal population and aflatoxin contamination.

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Cybersecurity in the EU and Member States: Genesis and Issues of its Enhancing

Information Security of the Person, Society and State ◽

10.51369/2707-7276-2019-3-6 ◽

2019 ◽

pp. 57-69

Author(s):

Viktor Boiko ◽

Mykola Vasylenko ◽

Serhii Kukharenko

Keyword(s):

Systematic Approach ◽

New Technologies ◽

Member States ◽

Eu Member States ◽

Eu Legislation ◽

Regulatory Instruments ◽

New Challenges ◽

Ict Development ◽

The Impact ◽

The Eu

The article deals with the issues of establishing cybersecurity in the EU and its member-states at the legislative level as viewed from the point of a systematic approach. The authors identified problematic aspects of improving cybersecurity quality and conditions. They analyzed the impact of the EU member states legislation on cy-bersecurity. The article as well considers the process of ICT development and pre-sents the ways of creating new challenges by means of new technologies. Key words: cybersecurity, cyber resilience, regulatory instruments, EU legislation, innovations.

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JUDICIAL AND NON-JUDICIAL PROTECTION IN THE CONTEXT OF THE MULTI-LEVEL ADMINISTRATIVE SPACE OF THE EUROPEAN UNION

Pravovedenie IAZH ◽

10.31249/rgpravo/2021.04.05 ◽

2021 ◽

pp. 69-80

Author(s):

A.V. Chetvernina

Keyword(s):

Mutual Recognition ◽

German Law ◽

The European Union ◽

Special Issue ◽

Eu Legislation ◽

Recognition Systems ◽

Multi Level ◽

Judicial Protection ◽

Regulatory Models ◽

The Eu

The review is based on the publications of a series of articles in a special issue of the German Law Journal (German law journal. 2021. Vol. 22, N 3). It examines the complex of judicial and non-judicial problems that arise in the complex multi-level administrative structure of the EU. The main focus is on mechanisms of horizontal and vertical administrative cooperation, as well as new regulatory models that «generate» transnational administrative acts and mutual recognition systems, as well as multi-level inspection activities carried out to ensure compliance with EU legislation.

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