scholarly journals International cooperation in conducting procedural actions during the pre-trial investigation in the countries of the European Union and perspectives of its use in Ukraine

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Oleksandr I. Kozachenko ◽  
Volodymyr Zarosylo ◽  
Mykola O. Gelemei ◽  
Mykhailo I. Stankovych ◽  
Mykola M. Yatsun
Keyword(s):  
European Union ◽  
Legal Status ◽  
The European Union ◽  
Life Imprisonment ◽  
Law Enforcement Agencies ◽  
Content Ratio ◽  
European Arrest Warrant ◽  
Security Levels ◽  
The Eu

The article analyzes some areas of cooperation between law enforcement agencies of the European Union in the field of pre-trial investigation. Particular attention is paid to the European Arrest Warrant and its application. Ukraine aspiring to become a member of the EU must take into account all issues related to the issuance and execution of these warrants. Particular attention is paid to the analysis of more specific problems related to criminal-executive criteria for the perception of life imprisonment as subspecies of imprisonment for a certain period; systemic content ratio of general penitentiary norms, which determine the legal status of convicts sentenced to life imprisonment, and special ones, which should reproduce peculiarities of regime requirements of penitentiary institutions of different security levels (in particular, medium and maximum). It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based on a certain criterion) into norms of general and special significance, which in turn should be divided into the following subtypes. Moreover, the EU countries do not yet have the appropriate practice in the application of these warrants.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

scholarly journals An AHPSort II Based Analysis of the Inequality Reduction within European Union

Mathematics ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 646
Author(s):  
Álvaro Labella ◽  
Juan Carlos Rodríguez-Cohard ◽  
José Domingo Sánchez-Martínez ◽  
Luis Martínez
Keyword(s):  
European Union ◽  
The European Union ◽  
Discussion Section ◽  
Academic Literature ◽  
Eu Countries ◽  
Agenda 2030 ◽  
Novel Approach ◽  
Proper Analysis ◽  
The Eu

Nowadays, sustainability is an omnipresent concept in our society, which encompasses several challenges related to poverty, inequality, climate change and so on. The United Nations adopted the Agenda 2030, a plan of action formed of universal Sustainable Developments Goals (SDGs) and targets, which countries have to face in order to shift the world toward a sustainable future. One of the most relevant SDGs since the onset of the financial crisis in 2007 has been the so-called reduced inequalities, which consists of dealing with the inequality of opportunities and wealth between and within countries. However, reducing inequalities depends on many heterogeneous aspects, making it difficult to make a proper analysis that evaluates the European Union (EU) countries performance of this goal. In this study, we introduce a novel approach to evaluate the inequalities in EU countries based on a sorting a multi-criteria decision-making method called AHPSort II. This approach allows to obtain a classification of the EU countries according to their achievements in reducing inequalities to subsequently carry out a deep performance analysis with the aim of drawing conclusions as to the evolution of inequality in them along the years. The results are consistent with the main international organizations’ reports and academic literature, as shown in the Discussion Section.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

The Polluter Pays Principle in EU Climate Law: an Effective Tool before the Courts?

Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 1-27
Author(s):  
Suzanne Kingston
Keyword(s):  
European Union ◽  
Legal Status ◽  
Potential Role ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Polluter Pays Principle ◽  
Energy Law ◽  
The Eu

In EU law the polluter pays principle (ppp) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (tfeu) enshrines it among the fundamental principles of the EU’s environmental policy. This article considers the legal status and development of the ppp in EU law, in the case law of the Court of Justice of the European Union (cjeu) and in EU policy, most recently in the EU’s Green New Deal. It goes on to identify three bodies of climate-related litigation where the ppp has been most influential to date: first, cases concerning the EU ets and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the ppp in other areas, including climate cases based on human and environmental rights, and climate cases brought against private parties.

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 Satellite Imagery-Based Damage Assessment on Nineveh and Nebi Yunus Archaeological Site in Iraq

2020 ◽  
Vol 12 (10) ◽  
pp. 1672
Author(s):  
Emanuele Angiuli ◽  
Epifanio Pecharromán ◽  
Pablo Vega Ezquieta ◽  
Maria Gorzynska ◽  
Ionut Ovejanu
Keyword(s):  
European Union ◽  
Damage Assessment ◽  
Visual Inspection ◽  
Satellite Images ◽  
Archaeological Site ◽  
The European Union ◽  
Satellite Centre ◽  
The City ◽  
The Eu

During the last decades, archaeological site looting throughout Iraq has increased significantly up to a point where some of the most famous and relevant ancient Mesopotamian cities are currently threatened in their integrity. Several important archaeological monuments and artifacts have been destroyed, due to ISIL attacks and associated looting. Since 2016, the policies of the European Union have been increasingly harsh to condemn these atrocious acts of destruction. In such a scenario, the European Union Satellite Centre can be an invaluable instrument for the identification and assessment of the damage in areas occupied by ISIL. A detailed view of the damage suffered by the Nineveh and Nebi Yunus ancient sites, in Iraq, was assessed via visual inspection. The analysis was conducted considering the main events that occurred in the city of Mosul, between November 2013 and March 2018. More than 25 satellite images, new acquisitions and archived, supported by collateral data, allowed the detection and classification of the damage occurred over time. A description of the methodology and the classification of category and type of damage is presented. The results of the analysis confirm the dramatic levels of destruction that these two ancient sites have been suffering since 2013. The analysis reported in this paper is part of a wider study that the SatCen conducted in cooperation with the EU Counter-Terrorism Office and PRISM Office. The whole activity aimed at confirming to EU institutions the massive looting and trafficking operated in the area. The results have been provided to archaeologists in the field as well in support of local authorities who are trying to evaluate the current situation in the area.

Labour Rights as Human Rights: Implications for Employers’ Free Movement in an Enlarged European Union

2007 ◽  
Vol 9 ◽  
pp. 357-386 ◽  
Author(s):  
Tonia Novitz
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Free Movement ◽  
The European Union ◽  
Labour Rights ◽  
European Court ◽  
The Right ◽  
Ec Law ◽  
The Eu

This chapter considers the legal status of labour rights as human rights within the European Union (EU) and the implications that this may have for free movement provisions under European Community (EC) law. This is not by any means a new subject for analysis and reflection, but has been of particular concern since the fifth enlargement of the EU which commenced in 2004. It is in this context that we have witnessed significant litigation before the European Court of Justice concerning the scope of the right to strike, and widespread protest concerning the adoption of a new Directive on Services in the Internal Market.

Surrender vs. Extradition: A Comparison Focused on Innovations of European Arrest Warrant

2011 ◽  
Vol 11 (1) ◽  
pp. 145-156 ◽  
Author(s):  
Libor Klimek
Keyword(s):  
European Union ◽  
Side Effect ◽  
Free Movement ◽  
The European Union ◽  
Legal Basis ◽  
Arrest Warrant ◽  
Unwanted Side Effect ◽  
European Arrest Warrant ◽  
Free Movement Of Persons ◽  
The Eu

Abstract The European Union was aware of unwanted side-effect of the free movement of persons which has been the equally free movement criminals. With regards to Tampere European Council conclusions the traditional extradition procedures were replaced by the surrender procedure within Member States of the European Union. Th e article answers the question how the surrender procedure differs from classic extradition. It deals with the comparison of the surrender procedure and the extradition mechanism focused on innovations of the European arrest warrant. It points out at necessity of simpler and faster procedure in the EU. Further, it focuses on the comparison of the legal basis of both procedures and on procedural issues.

scholarly journals Supremacía de la constitución versus primacía del derecho de la UE en materia derechos fundamentales: concordancias y discordancias entre el tribunal constitucional y el tribunal de justicia de la UE en el asunto Melloni

2017 ◽  
pp. 637
Author(s):  
Francisco Javier Donaire Villa
Keyword(s):  
European Union ◽  
National Level ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Arrest Warrant ◽  
Charter Of Fundamental Rights ◽  
The Eu

Se analiza en este artículo el primer diálogo judicial directo entre el TC español y el Tribunal de Justicia de la UE, sobre la Euroorden y la interpretación del artículo 53 de la Carta de los Derechos Fundamentales de la UE cuando el nivel nacional de protección de los derechos es superior al dispensado por una norma de Derecho derivado de la Unión. Se ponen de manifiesto las posibles tensiones entre supremacía constitucional y primacía del Derecho de la Unión Europea, y la evocación por el Tribunal Constitucional de su doctrina de los derechos constitucionalmente reconocidos como límites a la integración en la Sentencia que cierra el diálogo con el Tribunal de Justicia en el Asunto Melloni.This paper surveys the first direct judicial dialogue between the Spanish Constitutional Court and the Court of Justice of the European Union on the European Arrest Warrant and the interpretation of Article 53 of the Charter of Fundamental Rights of the EU when the national level of protection of rights is higher than that provided by a rule of secondary legislation of the Union. It highlights the possible tensions between constitutional supremacy and primacy of European Union law, and the evocation made by the Constitutional Court of its doctrine on rights constitutionally recognized as limits to the European integration contained in the judgment which closes the dialogue between both Courts within the so-called Melloni case.

‘Surrendering’ the Fugitive—The European Arrest Warrant and the United Kingdom

2007 ◽  
Vol 71 (4) ◽  
pp. 362-381 ◽  
Author(s):  
Mark Mackarel
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
The European Union ◽  
Arrest Warrant ◽  
The United Kingdom ◽  
House Of Lords ◽  
European Arrest Warrant ◽  
The Uk ◽  
Criminal Matters ◽  
The Eu

This article explains how the European Arrest Warrant forms part of the response to the modern needs of the European Union in dealing with transnational crime and considers the experience of the UK in implementing and using the warrant. The warrant is the first manifestation of the EU policy of mutual recognition in relation to cooperation in criminal matters and in questioning how effectively the UK has put the warrant into operation under the Extradition Act 2003, the article compares the analyses of the European Commission, Eurojust and the House of Lords. Finally, the approach to interpretation taken by the courts to cases coming before them concerning the warrant under the 2003 Act is examined.

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