scholarly journals THE ROLE OF SOFT LAW IN THE CONVERGENCE OF PENSION POLICIES OF EU MEMBER STATES

2017 ◽  
pp. 201
Author(s):  
Milena Nikolić
Keyword(s):  
European Union ◽  
Union Member ◽  
Soft Law ◽  
The European Union ◽  
Member States ◽  
Pension Systems ◽  
Eu Member States ◽  
Great Heterogeneity ◽  
European Union Member States

The failure of the European Union to harmonize the pension policies of its Member States and tighten the policy of budget deficit and public debt control have intensified the efforts to find a new way to regulate this area. Instead of harmonizing the Member States’ pension policies, the European Union has decided to take action aimed at their convergence. Given that the great heterogeneity of the Member States’ pension systems and policies made the implementation of the hard law infeasible, soft law has been implemented for regulating this area. The aim of this paper is to determine the effect of soft law regulation on the convergence of pension policies of the European Union Member States and assess its impact on the achievement of common defined objectives: sustainability and adequacy of pension systems, as well as modernization of pension systems.

scholarly journals PENSIJŲ KAUPIMO SUTARTIS: TEORINIAI IR PRAKTINIAI ASPEKTAI

Teisė ◽  
2014 ◽  
Vol 90 ◽  
pp. 72-100
Author(s):  
A. Daukšienė
Keyword(s):  
European Union ◽  
Union Member ◽  
The Other ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Pension Systems ◽  
Legal Nature ◽  
European Union Member States ◽  
Made In

Šiame straipsnyje jo skaitytojas (teisininkas, mokslininkas ar pensijų kaupimu besidomintis asmuo) supažindinamas su pensijų kaupimo sutartimi – šių dienų kontekste viena iš socialiai reikšmingiausių civilinių sutarčių. Pagrindinis straipsnio tikslas yra kvalifikuoti pensijų kaupimo sutartį, atskleidžiant šiai sutarčiai būdingus kitų civilinių sutarčių požymius. Taip pat autorė straipsnyje sprendžia bendrosios kompetencijos ir administracinių teismų kompetencijos atskyrimo problemą teismams nagrinėjant ginčus pensijų kaupimo srityje bei atskleidžia Konstitucinio Teismo jurisprudencijos įtaką pažeistų pensijų kaupimo sistemos dalyvių teisių gynybai. Be to, šiame darbe pateikiama trumpa Europos Sąjungos valstybėse narėse, įskaitant ir Lietuvą, įvykdytų pensijų sistemos reformų raida, siekiant visapusiškai atskleisti kontekstą, kuriame paskutinius kelerius metus veikia pensijų kaupimo sutarties šalys. This article introduces reader (who might be lawyer, academic or any other person who is interested in pension accumulation) to the legal nature of a pension accumulation contract which is one of the most and socially important civil contracts nowadays. The main aim of the article is to qualify pension accumulation contract and to reveal the specific features of pension accumulation contract from perspective of the other civil contracts. Moreover, the author pays attention to the problem of separation of civil and administrative courts’ competence by hearing disputes in the area of pension accumulation. As well as the influence of Constitutional court jurisprudence to defence of the violated rights of pension system’s participants are analyzed. In addition, this work also provides a brief overview of the pension systems reforms which were made in the European Union Member States (including Lithuania), with intention to disclose fully the context in which pension accumulation contract parties were acting in the last few years.

scholarly journals Intra-Industry Competitiveness of the European Union Member States by Industry in 2004–2015

2018 ◽  
Vol 28 (6) ◽  
pp. 5-23
Author(s):  
Wojciech Polan
Keyword(s):  
European Union ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Competitive Position ◽  
Industry Trade ◽  
Eu Member States ◽  
Measurement Methodology ◽  
European Union Member States ◽  
The Eu

The article aims to present the results of research into changes in the international competitive position of the European Union Member States in the period 2004–2015 on the basis of analysing the development of particular types of intra-industry trade (IIT) of manufactured goods. The investigation was based on the IIT share measurement methodology (Grubel, Lloyd 1975) and calculations of types of intra-industry trade (Greenaway, Hine, Milner 1994, 1995). Multilateral IIT indices were computed at the 6-digit CN code level on the basis of data published by Eurostat. As part of a larger research project funded by the National Science Centre, this analysis contributes to the assessment of the degree of intra-industry specialisation of the EU Member States and the resulting changes in the international competitive position of the economies covered.

scholarly journals Castaño avoids a clash between the ECtHR and the CJEU, but erodes Soering. Thinking human rights transnationally

2020 ◽  
pp. 203228442097974
Author(s):  
Sibel Top ◽  
Paul De Hert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
European Union Member States

This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.

scholarly journals Development and localisation of casemix applications for inpatient hospital activity in EU member states

1999 ◽  
Vol 22 (2) ◽  
pp. 69 ◽  
Author(s):  
Miriam M Wiley
Keyword(s):  
European Union ◽  
Policy Development ◽  
Union Member ◽  
Research Evidence ◽  
Acute Hospital ◽  
Member States ◽  
Eu Member States ◽  
Cultural Boundaries ◽  
Hospital Systems ◽  
European Union Member States

The successful infiltration of casemix techniques across geographical, systemic and cultural boundaries provides an interesting and timely example of the translation of research evidence into health policy development. This paper explores the specifics of this policy development by reviewing the application of casemix techniques within the acute hospital systems of European Union member states. The fact that experimentation with or application of casemix measures can be reported for the majority of European Union member states would suggest that the deployment of these measures can be expected to continue to expand within these health systems into the new millennium.

scholarly journals ANALYSIS OF FALSE DOCUMENTS DETECTED AT THE BORDER CONTROL OF EUROPEAN UNION MEMBER STATES AND THE PROSPECTIVE METHODS FOR THE DETECTION OF COUNTERFEITS

2020 ◽  
Vol 3 (8) ◽  
pp. 135-145
Author(s):  
Gaļina Jupatova ◽  
Iluta Arbidane ◽  
Iveta Mietule
Keyword(s):  
European Union ◽  
Union Member ◽  
Paper Analysis ◽  
Document Reproduction ◽  
Border Control ◽  
Identity Verification ◽  
Member States ◽  
Eu Member States ◽  
Information Materials ◽  
European Union Member States

The subject of the paper "Analysis of False Documents Detected at the Border Control of European Union Member States and the Prospective Methods for the Detection of Counterfeits" is topical, as the verification of the authenticity of travel documents is the cornerstone of border controls; also, the interrelations between the techniques of producing false documents discovered in the EU Member States and the practical application of technologically new methods of document reproduction has not been extensively reviewed and evaluated in EU scientific literature and current information materials. Identity fraud is expensive: from bank accounts opened with false names to money laundering and all kinds of smuggling and terrorism. The endless variety of criminal activities gives false documents a high value. In addition, for 3 billion travelers worldwide, identity verification needs to be fast, unproblematic and effective. Due to the pressure on borders (time constraints and an increasing numbers of travelers) and the increasing complexity of modern document security, border control capabilities (officials and/or automated systems) are compelled to decide quickly and simply whether documents submitted are authentic or false. The operational execution of document verification capacity is crucial for the efficiency and security of border checks. The aim of the research is to study the quality of false documents discovered at European Union Member States’ border inspections and to identify prospective methods of their detection.

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