scholarly journals THE EU COMMISSION'S PROPOSAL TO REVISE THE BRUSSELS IIa REGULATION: SHORTCOMINGS OF THE “OVERRIDING RULE”

TEME ◽  
2019 ◽  
pp. 901
Author(s):  
Sanja Marjanovic

As the procedure for the revision of the Brussels IIa Regulation is currently pending in the European Union, this paper focuses on the two issues which are correlated through the so-called “overriding rule” mechanism. The first problem concerns the proceeding on the return of the wrongfully removed or retained child involving two EU Member States – the State of refuge and the State where the child was habitually resident immediately before the abduction. The second one tackles the proceeding, currently regulated in the Brussels IIa, on the rights of custody (parental responsibility) when the return of the child was refused in the EU State on the grounds of Art. 13 of the Hague Child Abduction Convention. The proposals for the revision of the Brussels IIa Regulation heavily involve these issues. In that respect, the author indicates certain shortcomings and inconsistencies of the amendments proposed by the European Commission in the Proposal to Revise the Brussels IIa Regulation (2016) and the latest compromise solutions suggested by the Presidency to the Council in the General Approach to the Recast of Brussels IIa (2018). At the same time, the paper suggests two possible ways in which the balance between the principle of mutual trust between the EU Member States and the principle of the child's best interest could be better balanced. From the perspective of Private International Law of the Republic of Serbia, the revision of the Brussels IIa Regulation is important in view of Serbia’s candidate status for EU membership and the need to keep an eye on changes to the secondary EU legislation.

Author(s):  
A.Zh. Seitkhamit ◽  
◽  
S.M. Nurdavletova

The European Union dynamically exercises various forms and methods of the Soft Power in its foreign policy. The article reviews its main principles and characteristics as well as conceptual basics. As an example, the article considers the European cultural diplomacy in the Republic of Kazakhstan as a method of soft power. The authors pay an attention specific actions of the European cultural diplomacy in Kazakhstan as well as the mechanisms of its implementation. Apart from that, cultural soft power of two European countries – France and Germany – are considered as separate actions of the EU member states in the sphere of culture. Finally, it assesses importance of Kazakhstan for the EU and effectiveness of such policy in this country.


2021 ◽  
Vol 25 (2) ◽  
pp. 153-169
Author(s):  
Guranda Chelidze ◽  
◽  
Elisabed Machitidze ◽  

This paper depicts the dynamics of the EU-Turkey relations beginning from the signing of the association agreement, i.e. the Ankara contract, to date. In addition, it aims to specify the factors preventing the bilateral collaboration and achievement of EU membership as aspired to by Ankara. The paper focuses on both the internal and international problems arising on Turkey’s path to EU membership, namely, the westernisation trend originating from Kemal Ataturk times, recent developments in Turkey, the democratisation of political institutions, the rule of law and protection of human rights, regional security, Turkey’s part in the refugee crisis, visafree travel, Greek-Turkey relationships, Ankara’s stance towards Cyprus, the Kurdish problem, and the Turkey-US and Turkey-Russia relationships. The authors discuss the EU Member States’ attitude towards the political and socio-economic developments in Turkey and the way Ankara looks at the requirements put forward by those Member States. We suggest several methods of rapprochement and brighter bilateral prospects.


2017 ◽  
Vol 14 (1) ◽  
pp. 58-75
Author(s):  
Gediminas Valantiejus

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.


2020 ◽  
Vol 36 (3-4) ◽  
pp. 201-228
Author(s):  
Ivana Bestvina Bukvić ◽  
Kristina Bjelić ◽  
Marija Šain

The cultural and creative sectors are highly ranked by the number of employees at the European Union (EU) level and they represent an economic force that proved its resilience to economic changes due to rapid and easy adaptations to market and innovation trends. In order to achieve the objectives of the Europe 2020 Strategy, in 2013 the Regulation (EU) No 1295/2013 was passed by the European Parliament and the Council to establish the Creative Europe Programme (2014–2020) for support to cultural and creative sectors. However, it was found that the Republic of Croatia lacked systematic monitoring of the cultural and creative sectors (including the IT sector) as they are not sufficiently and well positioned in national policies and strategies. The research has been conducted into the level of success of the EU and its regulatory framework in stimulating cultural and creative sectors in developing countries. The paper analyzes the extent to which the Republic of Croatia adopted and applied the opportunities offered by the European Union programmes in financing the projects in cultural and creative sectors based on the results of the Creative Europe Programme, the Culture Sub-programme. The authors conducted the comparative analysis into the official programme results achieved in the Republic of Croatia, Slovenia and other EU member states. The research results show the position of the Republic of Croatia in relation to other countries, the influence of EU membership length and the level of innovation on the total number of positive applications evaluations in this field.


Author(s):  
P. S. Dolgoshein

INTRODUCTION. The article, using the example of the Republic of Finland, analyzes the activities of the European Union (hereinafter referred to as the EU) to improve the legal regulation of countering extremism. The influence of the EU on the tackling against extremism and radicalism in the Republic of Finland is examined. The role of the EU in countering global threats, the position of Finland in relation to international co- operation in countering extremism and radicalism is assessed. The methods used in Finland to counter violent extremism are being studied.MATERIALS AND METHODS. The article examines the conceptual documents of the UN, EU and Finland; Report of the Secretary-General of the United Nations, an action plan to prevent violent extremism, Commission Staff Working Paper; Comprehensive assessment of the EU security policy; Message from the Commission to the European Parliament, European Council Ninth report on progress towards an effective and genuine Security Union; Finland's response to OHCHR's request for information on how the protection and promotion of human rights contribute to preventing and combating violent extremism; Finland's Chairmanship Program for the Sustainable Europe Sustainable Future program; Decision of the Commission on the creation of the Expert Group of the HighLevel Commission on Radicalization, Report of the Council of Europe Committee on Counter-Terrorism, Anti-Terrorism Profiles Finland, Report of the Government of Finland on human rights for 2014; decisions of the Expert Group of the High-Level Commission on Radicalization; Human Rights Council materials.RESEARCH RESULTS. The author puts forward the thesis that the measures used to counter violent extremism depend on the needs of Member States and require the development of various approaches, depending on specific circumstances. In the addition, there is a common interest in EU member states in further expanding the exchange of experience and close cooperation between various national actors at the pan-European and international levels to counter extremism and radicalism. These measures require the development of new regulatory measures, including international ones. The author believes it is possible and interesting, using the example of the Republic of Finland, to study the level of interaction and cooperation between the Member States and the European Union in the field of im- proving the legal regulation of countering extremism, as well as the measures used in Finland to prevent and combat violent extremism.DISCUSSION AND CONCLUSIONS. In EU Member States, the European Union plays a key role in shaping international cooperation, which includes strengthening the existing governance system and, when necessary, reforming the existing system for preventing and countering violent extremism, subject to the fundamental principles of the United Nations. The Republic of Finland fully supports the efforts of the international community to prevent and counter extremism, through the development of international anti-extremism instruments to help states collectively combat this threat. The educational system of Finland can successfully form the fundamental foundations for countering violent extremism.


Author(s):  
Katarina Trimmings ◽  
Burcu Yüksel

This chapter draws on the findings of an EU-funded project titled (‘Cross-Border Litigation in Europe: Private International Law Legislative Framework, National Courts and the Court of Justice of the European Union’ (EUPILLAR) and discusses concerns over the lack of uniformity in the interpretation and application of the key EU Private International Law Regulations (Brussels I Regulation, Brussels IIa Regulation, Rome I Regulation, Rome II Regulation, Maintenance Regulation) across the EU Member States. The chapter provides examples of differing interpretations and applications of the same EU private international law rules in the EU through examples from various EU Member States, analyses the reasons behind the non-uniform interpretation and application, and suggests specific ways to rectify these problems.


Author(s):  
Yu.I. Mykytyn

This article analyzes the approaches to the classification of criminal procedural policiesof EU Member States. The basic variants of classifications of models (types) of criminal procedure policies of the EU Member States are investigated. It is considered that in the context of defining approaches to the classification of criminal procedural policies of the Member States of the European Union, it would be optimal to simultaneously use the terms «model» and «type» of criminal procedural policy as universal synonymous categories, that reflecting both European and Ukrainian legal traditions. Despite the tendency to unification and converge criminal procedural legislation of EU Member States on the basis of EU standards, criminal procedural policies in such countries have significant differences. Belonging to a particular model (type) of criminal procedure policy is determined on the basis of the content of the legal system of a particular EU Member State and is conditioned by various factors. First of all, there are two basic models (types) of criminal procedural policies of EU Member States at the global level: Anglo-Saxon and Continental (Romano-German). The Continental (Romano-German) model (type) of criminal procedure policy has the following types: French (Romance), German and Swedish (Scandinavian). The German type (model) had the greatest influence on the formulation of criminal (type), the following subspecies are distinguished: Central and Eastern European, Baltic, Balkan. The models (types) of criminal procedure policies of EU Member States can be classified on the basis of such a criterion as the form of the state. Thus, the form of state government can distinguish the constitutional monarchical model (type) of criminal procedural policy and the republican model (type) of criminal procedural policy. In turn, the republican model (type) of criminal procedural policy is of two types, semi-presidential and parliamentary. It should be emphasized that the EU Member States are not characterized by the presidential kind of the model (type) of republican criminal procedural policy. According to the form of the state system there are a unitary and a federal model (type) of criminal procedure policy. According to the form of state regime, all EU Member States belong to the democratic model (type) of criminal procedure policy. One of the criteria for the classification of models (types) of criminal procedural policies is the methodology of codification of criminal procedural law. According to this criterion, it is possible to distinguish classical continental, Swedish (Scandinavian) and Anglo-Saxon model (type) of criminal procedure policy.


2019 ◽  
Vol 5 (4) ◽  
pp. 212 ◽  
Author(s):  
Oksana Safonchyk ◽  
Konstiantyn Vitman

In the world practice, corporate social responsibility (CSR) is recognized an important component of sustainable development strategy, for which reason governments of many countries pay considerable attention to the promotion of CSR ideas at the national level, creating favourable conditions for socially responsible behaviour of national and foreign enterprises. The author aims to analyse the experience of regulation of corporate social responsibility policy in the EU Member States, to show the practice of national governments of the EU Member States in the field of CSR, and to determine prospects of corporate social responsibility at the modern development stage in view of implementing the concept of sustainable development. Summarizing approaches to the definition of CSR, it can be emphasized that CSR should positively influence society, in which the enterprise operates. It is a free choice in favour of increasing the welfare and moral and ethical values of society through appropriate approaches to doing business. Relations between enterprises both in the European Union and in other countries are increasingly based on the principles of CSR. Compliance with these principles becomes an important prerequisite for attracting foreign investment and obtaining government orders. In the international context, CSR is an efficient instrument to develop partnership and cooperation of countries in the context of achieving the Millennium Development Goals, to control the negative influence of the industrial sector on ecology, to prevent social crises, as a consequence, to ensure sustainable development of the world civilisation. Among the European institutions, the European Commission’s committees play a key role in disseminating the idea of CSR. One of the main factors in strengthening the EU economy is considered precisely the stable growth based on the rational use of resources, ecology, and competition. Plans of the Strategy for 2012–2015–2020 clearly show that the European Union intends to strengthen control over economic management and “voluntarily oblige” the business to follow the rules of CSR. The goal of a new CSR Strategy is to create conditions favourable for sustainable development, responsible business conduct, and permanent employment in the medium and long term. Key changes in comparison with the policy for 2010 – definition of corporate social responsibility as “Responsibility of enterprises for their impact on society” and rejection of the principle of voluntariness: “the European Commission recognizes that some regulations stimulate CSR, therefore, public authorities should support the CSR development by applying a mix of voluntary and regulatory policies”. As the study showed, the governments of the EU countries are actively engaged in the development and promotion of corporate social responsibility. The role of the state is manifested in the implementation of the following key functions: the state as a legislator and a controlling authority; the state as an employer; the state as a consumer and a buyer; the state as a partner; the state as an institutional investor; the state as a participant in international relations. The most significant results have been achieved by those EU Member States that use the systemic approach to CSR development. In these countries, responsible state structures have been formed that coordinate work in all areas. The approach to the choice of instruments is individual and is selected taking into account the priorities of the country’s socio-economic development and the importance of economic, environmental, and social aspects. An example of Great Britain, France, Belgium, Estonia, and Spain shows the possibility of successful CSR development.


2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.


2021 ◽  
Vol 13 (11) ◽  
pp. 6278
Author(s):  
Lars Carlsen ◽  
Rainer Bruggemann

The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.


Sign in / Sign up

Export Citation Format

Share Document