scholarly journals Uniformity of Application of the EU Customs Law: Problematic Aspects in the Baltic States

2019 ◽  
Vol 16 (2) ◽  
pp. 21-38
Author(s):  
Gediminas Valantiejus ◽  
Saulius Katuoka
Keyword(s):  
European Union ◽  
International Trade ◽  
Legal Regulations ◽  
The European Union ◽  
Baltic States ◽  
Member States ◽  
National Courts ◽  
The Republic ◽  
The Baltic ◽  
The Eu

Abstract Research purpose. The EU Customs Law is a significant branch of the EU substantive law. On the basis of the Union Customs Code (UCC; Regulation [EU] No. 952/2013) and the Combined Nomenclature of the European Union (Regulation [EU] No. 2658/87 and its Annexes), it regulates the international trade of the European Union and its Member States with the third countries, in particular the taxation of the international trade operations by applying the customs duties/tariffs. However, after the adoption of the UCC, which imperatively requires all the customs administrations of the EU Member States to work as one, the problem of the uniform application of the EU customs law remains very important. Therefore, the authors analyse the practice of the Baltic States (i.e. Republics of Estonia, Latvia and Lithuania) in this area, based on the case law of the Court of Justice of the European Union (CJEU) in cases involving references to the CJEU by the national courts of different Baltic States. Design/Methodology/Approach. The authors used the thematic analysis method and the method of generalisation of professional (judicial) practice as the basis of the chosen methodology and its design. Therefore, first of all, the authors have selected the judicial cases of the CJEU (in the period from 2010 to 2018) related to a certain theme – customs duties. Second, the authors compared the practice of the CJEU in such cases, which are attributable to the relevant EU Member State in order to identify the problems of uniformity in the application of the EU customs law (specific to the different Baltic States). Finally, by using comparative insights and comparative method, the authors present proposals for the improvement of legal regulation to ensure the compatibility of national rules and practices with the EU law. Findings. During the investigation, the authors established that the problems of the uniform application of the EU customs law in the Baltic States arose in specific areas. Such areas were tariff classification of goods, determination of the origin and value of goods (in the case of Latvia), regulation of customs procedures (in the case of Estonia), customs duties and other import taxes preferences (in the case of Lithuania). At the same time, it was established that the national courts of the Republic of Lithuania were the least active in ensuring co-operation with the CJEU this area, which could have been caused by the improper national legal regulations. Originality/Value/Practical implications. The authors present (after the assessment of the experience of the Baltic States) the proposals for the improvement of both the legal regulations of the EU customs law as well as national legal regulations (in particular – in the Republic of Lithuania) to improve the areas that cause systemic irregularities of the uniform regulation of the international trade regulatory measures of the European Union. Whilst some of the similar studies were completed in the recent years (e.g. Limbach 2015), they do not provide a detailed comparative analysis of the issues that were investigated, specifically considering the situation in the Baltic States.

scholarly journals Are the EU Member States Ready for the New Union Customs Code: Emerging Legal Issues On the National Level

2017 ◽  
Vol 14 (1) ◽  
pp. 58-75
Author(s):  
Gediminas Valantiejus
Keyword(s):  
European Union ◽  
International Trade ◽  
National Level ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Before And After ◽  
The Republic ◽  
The Eu

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.

scholarly journals Analysis of the European integration process Baltic countries: experience for Ukraine

2020 ◽  
pp. 22-27
Author(s):  
Yu. Masyk
Keyword(s):  
European Union ◽  
European Integration ◽  
Strong Impact ◽  
The European Union ◽  
Integration Process ◽  
Baltic States ◽  
Member States ◽  
Baltic Countries ◽  
The Baltic ◽  
The Eu

The article analyzes the peculiarities of the integration of Latvia, Lithuania and Estonia into the European Union. The stages are highlighted, the principles and mechanisms of the European integration policy of the Baltic States are clarified. The problems of Ukraine's adaptation to the requirements of the European Union, in particular the conditions of the Copenhagen criteria, ways to use the relevant experience of Latvia, Lithuania and Estonia are revealed. Recommendations for further rapprochement of Ukraine with the EU are considered. The accession of dozens of new countries to the EU in May 2004 marked a qualitatively new stage in the integration process both in Europe and in the world. As a result of the largest enlargement of the European Union, the state of the economy in the old member states has changed significantly, but rather it has had decisive consequences in all areas of the economy for the new member states. Analysis of the positive and negative phenomena that accompanied the enlargement of the EU is important for countries that have or are considering joining the EU in the future, in the formation of long-term economic policy and deciding on the directions of their integration. The closest to Ukraine in terms of development in the EU are the countries of Central Europe and the Baltics, so their experience will be useful for our country. Integration with the European Union was less difficult for the three Baltic states than for many other accessing countries, due to their strong social impetus to join Western political, economic and legal culture after they regained their independence from the Soviet Union in 1990. However, the accession of Estonia, Latvia and Lithuania had several distinctive features related to constitutional origin and institutions, which had a strong impact on the resolution of problems between the government and the EU institutions. The path taken by the Baltic countries upon accession to the EU was difficult and their role in the EU was not easy. Today, the EU-related agenda requires more skills than ever before in finding allies and choosing partners.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

scholarly journals PARTY POSITIONS ON THE EUROPEAN UNION IN THE BALTIC STATES: DO THEY COMPETE? DO THEY MIRROR VOTERS’ POSITIONS?

2018 ◽  
Vol 6 (6) ◽  
pp. 75
Author(s):  
Tomas Bekišas
Keyword(s):  
European Union ◽  
Party Systems ◽  
The European Union ◽  
Baltic States ◽  
Party Positions ◽  
The Baltic ◽  
The Eu

This paper aims to determine Lithuania’s, Latvia’s, and Estonia’s parties’ positions on the European Union (EU) and to ascertain whether these party positions mirror their voters’ positions on the EU. Analysis suggests that parties in this region have rather varied positions on the EU, with the exception of hard-Eurosceptic views, which are absent in Baltic states’ party systems. This paper also indicates that parties in the Baltic states tend to mirror, with some exceptions, their voters positions on the EU. This suggests that there may be additional factors determining parties’ positions regarding the EU in the Baltics.

The Baltic States in the European Union

2018 ◽  
Author(s):  
Tanel Kerikmäe ◽  
Archil Chochia ◽  
Max Atallah
Keyword(s):  
European Union ◽  
Soviet Union ◽  
Development Aid ◽  
The European Union ◽  
Baltic States ◽  
The Road ◽  
The Soviet Union ◽  
Digital Development ◽  
The Baltic ◽  
The Eu

Integration with the European Union has been far less distressing for the three Baltic States than for numerous other accessing countries owing to their strong societal impetus to (re)join Western political, economic, and legal culture after they regained their independence from the Soviet Union in 1990. However, the accession of these states—Estonia, Latvia, and Lithuania—had several distinctive features related to constitutional background and settings, which heavily influenced problem solving between government and the EU institutions. In general, the controversial issues regarding how to solve the problems with supranational power have never been dramatic with regard to the Baltic States, which leads to the assumption that often the governments have taken rather compliant positions. The latest cases, such as the European Stabilization Mechanism, indicate the change in paradigm: the three Baltic States are more aware of the margin of appreciation and actual borderlines between policy making- and decision making. Today, in setting up an EU-related agenda, more skills than previously are needed in finding allies and choosing partners. The road the Baltic States took in joining the EU was a difficult one, nor has their role in the EU been easy. Should a small state with a big initiative be allowed to mentor other member states regarding that initiative, meaning in particular Estonia and its digital development? Another peculiar aspect of the Baltic States is their (inter)relationship with Russia. Considering themselves a bridge between East and West, the Baltics have been active in Eastern Partnership and Development Aid initiatives and have also spoken out strongly against intervention in Georgia and Ukraine. This position sometimes complicates any EU attempt to achieve consensus on foreign policy.

MIGRATION TRAFFIC AND PROTECTION OF EXTERNAL BORDERS THE EUROPEAN UNION

2020 ◽  
Vol XIV ◽  
pp. 1-2
Author(s):  
Beata Błażejewska ◽  
ZBIGNIEW CIEKANOWSKI
Keyword(s):  
European Union ◽  
Traffic Management ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
Member States ◽  
The Eu

The study analyzes the management of the borders of the European Union as a factor having a significant impact on improving the security of Member States. Legal regulations regulating the external borders of the Schengen Group, treated as land and sea borders as well as airports and seaports of the parties to the Schengen Convention are indicated, provided that these borders are not external borders that formally form borders. The role of entities supporting border traffic management in the European Union is described. In addition, an analysis of documented attempts to illegally cross the external borders of the EU and the borders of countries associated with the Schengen area between border control visits was made, indicating potential threats in this area.

scholarly journals The cultural constituent of the European Soft Power in the Republic of Kazakhstan

2020 ◽  
Vol 132 (3) ◽  
pp. 103-113
Author(s):  
A.Zh. Seitkhamit ◽  
◽  
S.M. Nurdavletova
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Soft Power ◽  
Cultural Diplomacy ◽  
European Countries ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Republic ◽  
The Eu

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.

The Baltic States in the European Union: Main Characteristics of Membership and Their Anti-Russian Orientation

2021 ◽  
pp. 64
Author(s):  
Vladimir Olenchenko
Keyword(s):  
European Union ◽  
The European Union ◽  
Baltic States ◽  
Baltic Countries ◽  
Bilateral Relations ◽  
Eu Membership ◽  
Current State ◽  
Contractual Obligations ◽  
The Baltic ◽  
The Eu

In 2019, the Baltic states passed the 15-year mark of membership in the European Union. This anniversary was not celebrated in the Baltic states or in the EU and did not attract attention of other countries. After the collapse of the USSR in 1991, the Baltic states chose not to join the CIS, but to join the EU. For Russia, the Baltic states are immediate geographical neighbours, which generate conflict in bilateral relations. The purpose of the study is to examine how the Baltic states' membership in the EU affected the main characteristics of their development and to what extent anti-Russian orientation of the Baltic foreign policy is due to EU membership. Achievement of this goal is seen through the solution of two tasks. The first is to study the current state of the Baltic economies. The second is to analyze the Baltic states conflict in relations with Russia within the EU. For the study, the method of comparing the statistical data of the EU for 2004-2019 was used in relation to the Baltic countries, as well as a comparison of the contractual obligations of relations between Russia and the EU with the practice of the Baltic countries. The results of the study show that the Baltic economies, despite long enough EU membership, remain subsidized. Conflict between the Baltic states and Russia does not directly come from the legal basis of their membership in the EU but is mostly due to several other external factors.

scholarly journals Converging or diverging trajectories of mortality under one year of age in the Baltic States: a comparison with the European Union

2021 ◽  
Vol 79 (1) ◽  
Author(s):  
Agnieszka Genowska ◽  
Birute Strukcinskiene ◽  
Anita Villerusa ◽  
Jerzy Konstantynowicz
Keyword(s):  
European Union ◽  
Infant Mortality ◽  
Health Expenditure ◽  
Fetal Mortality ◽  
The European Union ◽  
Baltic States ◽  
Macroeconomic Factors ◽  
Baltic Countries ◽  
The Baltic ◽  
The Eu

Abstract Background Information about trends in perinatal and child health inequalities is scarce, especially in the Eastern Europe. We analyzed how mortality under 1 year of age has been changing in the Baltic States and the European Union (EU) over 25 years, and what associations occurred between changes in macroeconomic factors and mortality. Methods Data on fetal, neonatal, infant mortality, and macroeconomic factors were extracted from WHO database. Joinpoint regression analysis was performed to analyze time trajectories of mortality over 1990–2014. We also investigated how the changes in health expenditures and Gross Domestic Product (GDP) contributed to the changes in mortality. Results The reduction of fetal, neonatal and infant mortality in the Baltic countries led to convergence with the EU. In Estonia this process was the fastest, and then the rates tended to diverge. The strongest effect in reduction of neonatal mortality was related to the annual increase in health expenditure and GDP which had occurred in the same year, and a decrease in fetal mortality associated with an increase in health expenditure and GDP in the 4th and 5th year, respectively, following the initial change. Conclusions These findings outlined convergences and divergences in mortality under 1 year of age in the Baltic States compared with the patterns of the EU. Our data highlighted a need to define health policy directions aimed at the implementation of effective intervention modalities addressing reduction of risks in prenatal and early life.

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