scholarly journals Legal status of local governments as subjects of administrative and legal relations

2020 ◽  
pp. 29-34
Author(s):  
V.I. Melnyk ◽  
B.O. Pavlenko ◽  
Yu.M. Kiiashko ◽  
V.V. Snizhko
Keyword(s):  
European Union ◽  
Local Government ◽  
Local Governments ◽  
Government Regulation ◽  
Legal Status ◽  
National Level ◽  
Public Information ◽  
Legal Framework ◽  
The European Union ◽  
The Law

This article is devoted to the study of the legal status of local governments, which act as subjects of administrative and legal relations. In the process of studying the legal status of local governments as subjects of administrative and legal relations, the author reveals the concepts, functions, powers and features of the legal status of local governments and ways to improve the local government as a whole, given the positive experience of the European Union. The article highlights legal framework which serves as a regulator of local government at the national level. In general, the main document on which local self-government is based is the Constitution of Ukraine, in which a separate section on local self-government reveals issues related to the specific application of the principles of local self-government in Ukraine. The next, no less important in the field of local government regulation in Ukraine, are special laws, namely the Law of Ukraine "On Local SelfGovernment in Ukraine" and the Law of Ukraine "On the Status of Deputies of Local Councils". The first law covers and characterizes the system in which local self-government operates in Ukraine, and the second covers the limits of the deputy's activity and its legal status. It is worth mentioning a number of regulations governing certain areas of local government. These include: the Law of Ukraine "About Access to Public Information"; Law of Ukraine "About the open use of public funds"; Law of Ukraine "About Regulation of Urban Development"; Law of Ukraine "About Principles of State Regulatory Policy in the Sphere of Economic Activity"; Law of Ukraine "About improvement of settlements"; Budget Code of Ukraine. According to the study, an analysis of the current state of local self-government in Ukraine was conducted. In particular, some problematic issues related to the sphere of activity of local selfgovernment bodies, which need to be resolved immediately, have been identified. Based on the study of the legal status of local governments and analysis of interaction problems between public authorities and local governments in the European Union, the author proposed ways to further improve the interaction of local governments and local governments of Ukraine.

The Legal Framework for Data and Consumer Protection in Europe

2009 ◽  
pp. 326-346
Author(s):  
Charles O’Mahony
Keyword(s):  
Economic Growth ◽  
European Union ◽  
Consumer Protection ◽  
Data Protection ◽  
Legal Framework ◽  
The European Union ◽  
Legal Structures ◽  
The Creation ◽  
The Law ◽  
Legal Frameworks

This chapter will discuss the legal framework for consumer and data protection in Europe. Central to this discussion will be the law of the European Union (EU) on data and consumer protection.3 Recent years have seen the creation of legal frameworks in Europe which seek to secure the protection of consumers while simultaneously facilitating economic growth in the European Union. This chapter will outline the main sources of law which protect consumers and their privacy. This chapter will outline the important provisions in these sources of law and critically analyse them. The chapter will also point up the gaps and deficiencies in the consumer and data protection legal structures.

scholarly journals Role of the European ombudsman in implementation of good governance

2019 ◽  
pp. 168-173
Author(s):  
A. V. Pokrovskiy
Keyword(s):  
European Union ◽  
Legal Status ◽  
Good Governance ◽  
Practical Implementation ◽  
The European Union ◽  
Integration Process ◽  
The Subject ◽  
Institutional System ◽  
The Law

The purpose of the paper is to analyze the phenomena of the law of the European Union, ensuring the activities of the European Ombudsman as a body promoting the integration process in the European Union.The subject of consideration in the article is the legal status of the European Ombudsman, its role and place in the institutional system of the European Union.The paper provides a brief overview of the competence of the European Ombudsman and ways of his activities, explores the role of the European Ombudsman in implementing the good governance, analyzes the practice of the European Ombudsman and its impact on the activities of EU institutions and bodies.It is determined that the decisions of the European Ombudsman, directed against violations of the order of governance, affect relations in various areas of the European Union, contributing to the practical implementation of the conceptual principles of good governance. Not legally binding, the decisions of the European Ombudsman are embodied in acts of EU institutions that establish the relevant rules as binding. 

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

scholarly journals STRATEGIES AND ROLE OF LOCAL GOVERNMENT IN IMPROVING THE COMPETITIVENESS OF TRADITIONAL FISHERMEN IN PANDEGLANG, BANTEN

2020 ◽  
Vol 3 (1) ◽  
pp. 12
Author(s):  
Kusumajanti Kusumajanti ◽  
Ni Putu Eka Widiastuti ◽  
Asep Kamaluddin
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Government Regulation ◽  
Legal Status ◽  
Group Performance ◽  
Small Fish ◽  
Communication Model ◽  
The Government ◽  
Status Socialization

The aims of study to explore in depth: a. strategies and role of local government supports the formation of fishermen groups and group performance in enhancing the competitiveness of traditional fishermen; b. Strategies undertaken by local governments to improve competitiveness so as to realize the prosperity of traditional fishermen, c. group communication model between local government, traditional fishermen group, and partners  This study use qualitative research methods with a critical paradigm referring to the critical concepts of Marxist thought. The results showed that the government through the Ministry of Marine Affairs and Fisheries Republic of Indonesia has issued Government Regulation no. 50 Year 2015 on empowering small fishermen and small fish farmers. The Ministry of Marine Affairs and Fisheries has an agenda to improve the welfare of traditional fishermen and to optimize their potentials in groups, which are handed down to the provincial and district fisheries departments. Pandeglang District Government as the object of research through Fisheries Department has the authority to manage, utilize, and conserve marine and fishery resources for the welfare of Pandeglang community, especially fisherman community, cultivation, processing and marketing of fish, and to increase contribution for PAD (District Owned Revenue). Fisheries Department develop strategies for improving the welfare of traditional fishermen, among others, encourage the formation of fishermen cooperatives with legal status. Socialization of the use of fishing gear which is not prohibited by the government. This is because there are still many traditional fishermen in Pandeglang who use Cantrang that can threaten the sustainability of marine ecosystems. The local government through related offices has not been actively involved in providing assistance to traditional fishermen so that they have high competitiveness such as maintaining good quality fish quality, stable catch quantity, environment of fishery and marine areas that is maintained so as to ensure the sustainability of existence fish in the sea. The results of this study have implications on the preparation of roles and strategies of local governments in improving the competitiveness of traditional fishermen adapted to local elements so that traditional fishermen become prosperous.

scholarly journals Legal aspects of counteracting phishing: the European Union experience

2020 ◽  
pp. 8-23
Author(s):  
Іван Васильович Яковюк ◽  
Артем Павлович Волошин ◽  
Антон Олексійович Шовкун
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Fundamental Problem ◽  
National Level ◽  
Public Information ◽  
Personal Data ◽  
Legal Aspects ◽  
The European Union ◽  
Systematic Analysis ◽  
Software Failures

Cybersecurity is increasingly seen as a fundamental problem of the state, which comprehensively affects its security and defense, economy, certain spheres of public life, in particular energy, health care and others. Reliable operation of data networks, computer systems and mobile devices is a prerequisite for the effective state and society functioning, an individual’s life. The reliability of key public information systems depends on many factors: cyberattacks, hardware and software failures, and all kinds of errors. The significant increase in the number of incidents in cyberspace necessitates a systematic analysis of sources of threats, the first place among which is phishing. The introduction of criminal responsibility for phishing is complicated by the fact that "phishing" is an "umbrella" concept that covers a number of launched or committed crimes. From criminal law point of view, phishing attacks can correspond to different categories of crimes (extortion, fraud, blackmail, offenses related to the processing of personal data, etc.). The attempt by some states to impose criminal penalties for phishing at the national level does not solve the problem, since it is not difficult for phishers who work worldwide to cross national barriers. That is still the reason why counteracting cybercrime requires significant efforts not only by individual states but also by international organizations, in particular by the European Union.

scholarly journals SYSTEM OF CONTROL OVER THE ENTITIES PROVIDING EDUCATIONAL SERVICES IN FOREIGN COUNTRIES

2020 ◽  
pp. 203-210
Author(s):  
І. І. Литвин
Keyword(s):  
Higher Education ◽  
Secondary Education ◽  
Education System ◽  
Local Governments ◽  
Central Government ◽  
Legal Framework ◽  
The European Union ◽  
Foreign Countries ◽  
The Law ◽  
And Control

The study discusses the general principles of building the education system in some foreign countries that are part of the European Union and are allied to Ukraine, were from the Soviet camp and faced similar problems for Ukraine to reform their own state institutions and national legislation (Poland and Estonia), as well as the relevant legal framework. It is noted that Poland began to reform the education system in the 1990s, where the general trend in the management and control of educational institutions is decentralization and increasing the autonomy of the latter. It is emphasized that during 1990-1999, not only at the level of legislation, but de facto local governments began to play a major role in the change and control of secondary education. It is indicated that the main laws regulating the functioning of secondary education are the Laws "On the Education System" of 1991 and the Law "On Education" of 2016. The provisions of the Law "On Education" of 2016 are highlighted, the main links of the Polish secondary education system are revealed. In accordance with the provisions of this Law, the powers of the Minister in the implementation of state policy in the field of secondary education, coordination and control in which aspects are indicated. The role and powers of the curator of education as a special official in exercising control over institutions providing secondary education services in the voivodship are disclosed on the basis of the said Law, it is noted that control over the activities of such institutions. The content of the concept of pedagogical supervision and the role and place in it of the Minister of Education and Science as a representative of the central government, curators of education and school management are revealed. The norms of the Law "On Higher Education and Science" of 2018, which contains norms on the control of higher education institutions in Poland, are covered. The basic administrative and legal bases for the control of education in Estonia in accordance with Estonian national law are also defined.

scholarly journals The Notion of Effectiveness in the Law of the European Union

2017 ◽  
Vol 38 (2) ◽  
pp. 81-96
Author(s):  
Łukasz Stępkowski
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Legal Doctrine ◽  
Applicable Law ◽  
Legal Literature ◽  
Descriptive Approach ◽  
The Law

THE NOTION OF EFFECTIVENESS IN THE LAW OF THE EUROPEAN UNIONThe work submitted herein aims to address the question of effectiveness of EU law. Effectiveness of that law is subject to an ongoing controversy, as there is no agreement in legal literature either on the legal status of effectiveness or its use by the Court of Justice of the European Union. The author undertakes to outline the grounding of effectiveness in EU law in relation to both written law and jurisprudence of the Court. The work assumes the use of the descriptive approach in the legal doctrine, specifically the explanatory non-normative legal doctrine by A.R. Mackor. In this manner, this paper elects to present descriptive statements with extensive use of the Court’s case law as a feature to establish the content of applicable law. This work takes account of the law and jurisprudence as they were on 11th of October 2015.

Bases of International Cooperation of Local Governments

2020 ◽  
Vol 18 (4) ◽  
pp. 885-900
Author(s):  
Paulina Krukowska-Siembida
Keyword(s):  
European Union ◽  
Local Government ◽  
International Law ◽  
International Cooperation ◽  
Local Governments ◽  
The European Union ◽  
Legal Basis ◽  
Council Of Europe ◽  
Public International Law ◽  
Community Law

At the turn of the 21st century, we witnessed a civilisational change that resulted in decentralisation and deconcentration of power. As a result, international cooperation between local authorities has increased. This article is to indicate the legal basis for international local government activities, forms of cooperation and their impact on regional development. The legal bases for this cooperation can be classified as follows: 1. Sources of public international law, 2. EU Community law, 3. Sources of national law. Having this in mind, the article will discuss the selected legal bases for international self-government activity in Europe, starting with the acquis of the Council of Europe, then moving on to the activities of the European Union. Finally, an analysis of forms of international cooperation of local government units in Poland are going to be presented. These considerations are largely of a theoretical nature, based in particular on jurisprudential analysis.

scholarly journals The cohesion fund’s role in financing local-government investments in road infrastructure

2018 ◽  
Vol 57 ◽  
pp. 01014
Author(s):  
Jerzy P. Gwizdała
Keyword(s):  
European Union ◽  
Local Government ◽  
Local Governments ◽  
New Technologies ◽  
The European Union ◽  
Road Infrastructure ◽  
The Public ◽  
The Road ◽  
Structural Funds ◽  
Alternative Sources

The growing needs of local communities, deficiencies in road infrastructure, and under-investment in the public sector has led to the search for alternative sources of project financing. Poland’s accession to European Union structures has opened the possibility of obtaining co-financing from EU funds for various types of projects. Aid can be obtained from several types of funds, mainly intended for investments in economic development. Investments in the field of transport carried out by local-government units have been supported by funds from the European Union budget over two six-year financial perspectives: 2007-2013 and 2014-2020. During this time, funds were allocated to local governments to compensate for differences, expand the road network, and to improve the quality of transport. The authorities of individual territorial local-government units received support from structural funds and cohesion policy funds. In return, they were able to count on benefits such as financing for services and road infrastructure facilities that meet the needs of the community, and access to new technologies.

Samorząd terytorialny – 30 lat doświadczeń samorządu (gminnego) w Polsce

2020 ◽  
Vol 18 (2) ◽  
pp. 293-311
Author(s):  
Robert Kozyrski
Keyword(s):  
European Union ◽  
Local Government ◽  
Local Governments ◽  
The European Union ◽  
Urban Reform ◽  
Eu Membership ◽  
Organisational Model ◽  
Infrastructure Investments ◽  
Successes And Failures

The article is an attempt to summarise the achievements of local government in Poland reactivated in 1990, and the topics discussed in the article focus on development and functioning since 1808 Prussian urban reform, which is the organisational model for contemporary local government units in Europe. Much of the article is also devoted to the functioning of Polish local governments in the 1990s and early 2000s, preceding Poland’s accession to the European Union. The issue of the use of pre-accession funds and funds available after 2004 by local governments, which had a significant impact on infrastructure investments in Polish communes, districts and voivodship, was discussed in detail. On the basis of available reports, the article also presents an assessment of the achievements of local government in Poland over thirty years, with its successes and failures. The author also refers to the possibility of using this legacy by local governments of neighbouring countries aspiring to EU membership, mainly Ukraine.

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