scholarly journals Internal Migration of Workers in the European Union: Legal Aspects of Lithuania’s Experience in Transposing the Posting of Workers Directive

2021 ◽  
Vol 14 (1) ◽  
pp. 153-180
Author(s):  
Rytis Krasauskas ◽  
Ingrida Mačernytė-Panomariovienė
Keyword(s):  
Internal Migration ◽  
European Parliament ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Official Journal ◽  
The European Union ◽  
Legitimate Interest ◽  
Provision Of Services ◽  
The Impact ◽  
The Eu

Abstract Freedom to provide services and free movement of workers are linked to the processes of permanent intra-EU migration, which are regulated, inter alia, by the national legislation implementing PWD. Consequently, the posting of workers within EU is not only part of the work organization process, but also part of a wider phenomenon of internal migration of workers. Accordingly, posted workers are to be considered as internal labour migrants. The regulation of the posting of workers must consider the legitimate interest of Member States in protecting their markets from social dumping as well as ensure minimum guarantees for posted workers. These circumstances presuppose changes in the regulation of the posting of workers. This article identifies four stages in the transposition of PWD into Lithuanian national law that are causally related to changes in European legislation and Lithuanian labour law reform as of 2017. It presents the legal assessment of national legal regulation and case law, identifying the related legal problems. The article pays special attention to the legal regulation of the remuneration of a posted worker, established by PWD (Directive 96/71/EC of the European Parliament and of the Council on 16 December 1996 concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2004, no. L 18) [Directive 96/71/EC], with the amendments introduced by Directive 2014/67/EU of the European Parliament and of the Council from 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Revision 4 of the EU Posting of Workers Directive Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (Official Journal (EU), 2014, no. L 159) [Directive 2014/67/EU] and Directive 2018/957/EU of the European Parliament and of the Council on June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2018, no. L 173) [Directive 2018/957/EU]). It also explains the impact on the regulation of employment relations for posted workers in Lithuania stemming from Directive 2019/1152 on transparent and predictable working conditions in the EU.

scholarly journals Legal procuring of international information/cyber security of the digital economy: economic and legal aspects

E-Management ◽  
2019 ◽  
pp. 61-66
Author(s):  
L. O. Gontar’
Keyword(s):  
European Union ◽  
Cyber Security ◽  
Law And Economics ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Economy ◽  
Substantial Part ◽  
The European Union ◽  
The Impact

The article considers a problem of the definition of the digital economy, as well as presents a new theme on the legal procuring of international cyber security. The above mentioned new direction serves as an indicator of possible interdisciplinary research in the field of law and economics in the sphere of digital processes. As a justification the acts of the European Union have been adduced and their characteristic features, which consist in consideration of a substantial part of digital economy (economic party) have been allocated. This integration association has a unique structure and history, but the process of regulating the digital economy in the European Union began not so long ago. The European Union is one of the few integration associations that has started to work on improving the mechanisms of legal regulation of the digital market. This circumstance certainly affects the development of an integrated approach to the understanding of the digital economy, as well as further actualizes the issue of considering the legal procuring of international cyber security of this phenomenon. Legal procuring of security is a new direction in the international legal field, which will allow to consider the legal aspects in demand in the digital economy. The challenges in relation to international cyber security and the impact of the conceptual apparatus on the issues of the legal procuring of the security of the digital economy have been considered. It is important to note that the article suggests possible solutions to the problem posed. At the end of the article three proposals for improving approaches to the security of the digital economy have been elaborated. In terms of their qualitative characteristics, the proposals, undoubtedly, relate to legal and technical aspects, but also solutions regarding the conceptual component of the legal procuring of the security have been presented.

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

Legal aspects of protection of the financial interests of the European Union

2019 ◽  
Vol 3 ◽  
pp. 121-134
Author(s):  
Marta Miedzińska
Keyword(s):  
European Union ◽  
National Level ◽  
Legal Aspects ◽  
The European Union ◽  
Financial Interests ◽  
Main Determinants ◽  
The Individual ◽  
The Impact ◽  
Scope Of Protection ◽  
The Eu

The foundations and the operating framework of the institutions of the European Union and its Member States are determined by legal acts established at the EU level. The legal bases at the EU level contain key standards in the scope of protection of the financial interests of the European Union and are the main determinants for the individual EU countries when their legal institutions create legal bases at the national level. The aim of this article is to present the main legal basis for the protection of the financial interests of the European Union at the EU level, which will help to examine the impact of these provisions on detecting irregularities and fraud in the EU.

scholarly journals Bumpy roads of the posted Europe – Issues of principles of conferral of competences and subsidiarity in the light of the posted workers Directive of the European Parliament and of the Council 2018/957

2020 ◽  
Author(s):  
Maksymilian Kosma Jabłecki
Keyword(s):  
European Parliament ◽  
Policy Coordination ◽  
The European Union ◽  
Political Decision ◽  
Member States ◽  
Provision Of Services ◽  
Subsidiarity Principle ◽  
Illegal Activities ◽  
Principle Of Proportionality ◽  
The Eu

The aim of the study is to analyze if the subsidiarity principle in the context of the law solutions introduced by the Directive of the European Parliament and of the Council 2018/957 amending Directive 96/71 concerning the posting of employees in the framework of the provision of services should be considered justified and proportionate. The arguments presented will show the opinion that the subsidiarity principle is one of the basic rules for conducting economic policy in the European Union. On this basis it will be investigated whether policy powers should be delegated to the lowest possible level of government, close to the citizens concerned by the policy, unless there are undeniable benefits to running it at a higher level in closer policy coordination. It should be considered if the European Commission proposal pursues a purpose other than the declared one and thus violates the principle of proportionality. It will be proved that smart and clear rules are needed that are adapted to the rapidly growing mobility of EU businesses and citizens, which will prevent the progressive loss of competitiveness of the EU market, while accelerating social convergence and preventing illegal activities affecting intra-EU migrant workers.The issues mentioned above and the conclusions may lead, according to the author, to reflection on the importance of the fact, that the division of competences between Member States and the EU institutions is ultimately a political decision that arises in the context of a conflict of interest and indicate that economic analyzes can only provide arguments for or against policy centralization. Furthermore, it should be noted that the integration is a dynamic process and therefore the results of the analysis regarding the justification for the application of the subsidiarity principle may lead to divergent assessments by the Member States, as the conditions of the functioning of economies are rapidly changing.

scholarly journals Public Provocation to Commit a Terrorist Offence: Balancing between the Liberties and the Security

2020 ◽  
Vol 14 (1) ◽  
pp. 123-147
Author(s):  
Kristina Ramešová
Keyword(s):  
Service Providers ◽  
European Parliament ◽  
Online Information ◽  
The European Union ◽  
Private Monitoring ◽  
The Public ◽  
Eu Legislation ◽  
Council Decision ◽  
The Impact ◽  
The Eu

Modern terrorism is global and decentralized like cyberspace. While the Darknet is mostly used by terrorists for fundraising campaigns and illicit trading, publicly accessible social platforms such as Twitter, Facebook or YouTube are abused for terrorist propaganda. Combating terrorism remains one of the top priorities of the European union (hereinafter as “the EU”). The approach towards the online content possibly connected to terrorist propaganda has become stricter.This paper focuses on the development of the EU legislation on the offence related to terrorist activities: the public provocation to commit a terrorist offence, as well as on the obligations of hosting service providers. It also analyses the impact of the Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA. The article observes a changing attitude on private monitoring of online information in the development of the EU legislation. It analyses changes in the Proposal for a Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online. These changes signify a shift in the perception of the necessary level of freedom to receive and impart information through the internet.

The impact of the European Union visa liberalisation process on the reduction of organised crime and corruption in Kosovo

2019 ◽  
Vol 17 (4) ◽  
pp. 123-139
Author(s):  
Paulina Szeląg
Keyword(s):  
European Union ◽  
European Commission ◽  
Statistical Data ◽  
European Parliament ◽  
Organised Crime ◽  
The European Union ◽  
Secondary Sources ◽  
Track Record ◽  
The Impact ◽  
The Eu

On January 19, 2012, the European Commission (Commission) decided to launch a visa liberalisation dialogue with Kosovo, and on June 14, 2012, it handed over to Kosovo’s government a ‘Roadmap Towards a Visa-free Regime’. This document included 95 requirements that Kosovo had to fulfil. By 2016, the Commission had adopted four reports on progress made by Kosovo in the visa dialogue. In a report issued on May 4, 2016, the EC proposed to the Council of the EU (Council) and the European Parliament (EP) to lift visa requirements on the citizens of Kosovo. The Commission stressed that by the day of the adoption of the proposal by the EP and the Council, Kosovo must have ratified the border/boundary agreement with Montenegro and strengthened its track record in the fight against organised crime and corruption. On July 18, 2018, the Commission confirmed in a report on the progress made by Kosovo in the visa dialogue, that the country had fulfilled the last two requirements included in the roadmap. The aim of this article is to analyse the visa-liberalisation dialogue between the European Union (EU) and Kosovo and whether liberalisation through a visa-free regime with Kosovo had an influence on reducing organised crime and corruption in Kosovo. The article is based on an analysis of primary and secondary sources, as well as statistical data.

scholarly journals Who Teams Up with the European Parliament? Examining Multilevel Party Cooperation in the European Union

2021 ◽  
pp. 1-22
Author(s):  
Katharina L. Meissner ◽  
Guri Rosén
Keyword(s):  
European Union ◽  
European Parliament ◽  
Policy Preferences ◽  
The European Union ◽  
National Parliaments ◽  
Eu Policy ◽  
Trade Politics ◽  
The Impact ◽  
The Eu

Abstract As in nearly all European Union (EU) policy areas, scholars have turned to analysing the role of national parliaments, in addition to that of the European Parliament (EP), in trade politics. Yet, there is limited understanding of how the parliamentarians at the two levels interact. This article fills the gap by conceptualizing these interactions as a continuum ranging between cooperation, coexistence and competition. We use this continuum to explore multilevel party interactions in EU trade talks and show how cooperation compels politicization – national parliamentarians mainly interact with their European colleagues in salient matters. However, we argue that the impact of politicization on multilevel relations between parliamentarians in the EP and national parliaments is conditioned by party-level factors. Hence, we account for how and why politicization triggers multilevel party cooperation across parliaments in the EU through ideological orientation, government position and policy preferences and show how this takes place in the case of trade.

scholarly journals Legal aspects of cooperation of the European Union with third states in the field of fisheries

2021 ◽  
Vol 9 (2) ◽  
pp. 36-40
Author(s):  
Damir Bekyashev ◽  
Natalia Smolnikova ◽  
Anna Laeva
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Legal Aspects ◽  
General Information ◽  
The European Union ◽  
Bilateral Agreements ◽  
Legal Foundations ◽  
Regional Fisheries Management Organizations ◽  
Unregulated Fishing ◽  
The Eu

Fisheries is an important and well-developed industry in the European Union. At the same time, most of the catch falls on areas outside the waters under its jurisdiction. In this regard, the EU concludes with third states international agreements on cooperation in the field of fisheries. The article presents an analysis of general information on fisheries in the EU outside the waters of the Union, defines a system for allocating quotas for catching marine living resources in the EU, analyzes the EU's bilateral agreements with third countries in the field of fisheries, noted the Union's membership in regional fisheries management organizations, considered the legal regulation of the fight against illegal, unreported and unregulated fishing in the EU, as well as its cooperation with third countries in the fight against this negative phenomenon. Particular attention is paid to the analysis of the legal foundations of cooperation between the Russian Federation and the EU in the field of fisheries and its prospects.

scholarly journals Services Provided by Public Authorities: Features of Legal Regulation in Ukraine and the European Union

2020 ◽  
Vol 9 (31) ◽  
pp. 44-51
Author(s):  
Ihor Volodymyrovych Klymenko ◽  
Dmytro Volodymyrovych Shvets ◽  
Oleh Tsyhanov ◽  
Liudmyla Hennadiivna Mohilevska
Keyword(s):  
European Union ◽  
Public Service ◽  
Public Services ◽  
Legal Regulation ◽  
The European Union ◽  
Public Authorities ◽  
Administrative Services ◽  
Service Activities ◽  
The Impact ◽  
The Eu

The aim of the article is to determine: 1) the essence and content of services provided by public authorities in the European Union and Ukraine; 2) features of legal regulation of public service activities in these countries. To achieve this aim, general scientific and special methods of cognition were used, namely: dialectical, logical-semantic, comparative-legal, methods of analysis and synthesis. The article states that shortcomings in the field of public service have been inherited since Soviet times. The relevance of the European Union experience, where the defining feature of the development of legislation is its focus on ensuring the rights and legitimate interests of individuals in relations with public authority and its bodies, is emphasized. It is noted, that, unlike Ukraine, the European administrative-legal doctrine does not single out a separate legal institution of administrative services, and the category “service” regarding public sector is used in a broader and more flexible sense. It has been established that in the EU the issue of population services is regulated by both primary and secondary legislation. It was found that the legal regulation of public service activities in the EU is characterized by following features: the absence of a codified legal act that would regulate public services of non-economic interest; the impact of judicial practice on legal regulation of relations between public administration bodies and citizens; considerable attention is paid to improving the quality of public services and citizen participation in government decision-making. According to the results of the study, the priorities for the development of the administrative services system in Ukraine include the adoption of the Law (or Code) on administrative procedure and legislation on fees for administrative services (administrative fee).

scholarly journals Legal Regulation of the Protection of Intellectual Property Rights within the EU Digital Market

2020 ◽  
Author(s):  
Iryna Yavorska ◽  
Sofiya Boyarska
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
European Parliament ◽  
Legal Regulation ◽  
The European Union ◽  
Domain Name ◽  
Cross Border ◽  
Council Directive ◽  
The Eu

The active usage of the technologies, constant exchange of information and its use demanded a clear regulation of relations within the functioning of the digital market. In the context of the implementation of the Association Agreements between Ukraine and the EU, it seems necessary to study the positive experience of regulating relations and protecting intellectual property rights within the European Union digital market. The article explores such EU secondary law acts as directives and regulations that determine the foundations and features of the functioning of EU digital market actors. In particular, it examined Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the use of copyright and related rights applicable to certain online broadcasting and retransmission of broadcasting programs and amending Council Directive 93/83 EEC (2019), which regulates the principles governing the transboundary transmission of television and radio broadcasting via the satellite network; Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/2019, which amended and expended 7 existing Directives governing relevant issues, Regulation (EU) 2019/517 of the European Parliament and of the Council of 19 March 2019 on the implementation and operation of the .eu top-level domain name and amending and repealing Regulation (EU) No 733/2002, and repealing Commission Regulation (EC) No 874/2002 (2019), which provides a number of important innovations for the .eu top-level domain name and Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14 June 2017 on the cross-border movement of Internet content services in the internal market, which identifies legitimate access to portable internet-Content. Not only when they are in their own country, but also when moving within the EU. Key words: digital market; legal regulation of EU digital market functioning; .eu top-level domain name; portable internet content; cross-border transmission.

Sign in / Sign up

Export Citation Format

Share Document