scholarly journals The Constitution – Chosen Premises Justifying the Need to Introduce Amendments

2019 ◽  
Vol 6 (1) ◽  
pp. 30-36
Author(s):  
Jacek Przybojewski
Keyword(s):  
European Union ◽  
Legal Order ◽  
The European Union ◽  
Public Power ◽  
Government Administration ◽  
Leading Role ◽  
Unambiguous Determination ◽  
The Republic

Abstract Indication of conditions constituting necessity of modifications within the scope of the Constitution shall be considered while perceiving the leading role of the Constitution in Polish legal order. Constitutional regulations determine standards for the entire legal system of the Republic of Poland. It is also worth a while to consider the need for unambiguous determination of relations of constitutional norms, also with regard to the law of the European Union. Doubts appearing within the scope of systemic rules concern mainly regulations specifying the rule of division and balancing of powers. Actually, they consist in lacks with regard to organization of bodies of each of three powers. Another issue is improvement of solutions determining coexistence of government and local government administration within the broader scope of principles of uniformity of the state and decentralization of public power. The article presents an analysis related to the aforementioned issues.

scholarly journals Pozycja ustrojowa Prezydenta RP w systemie konstytucyjnym Rzeczpospolitej Polskiej w kontekście członkostwa w Unii Europejskiej

Politeja ◽  
2019 ◽  
Vol 16 (4(61)) ◽  
pp. 257-279
Author(s):  
Anna Budzanowska
Keyword(s):  
European Union ◽  
The European Union ◽  
Political Issues ◽  
Government Administration ◽  
Head Of State ◽  
The Republic ◽  
The Government ◽  
Constitutional System ◽  
Institutional Order

The Constitutional Role of the President of the Republic of Poland in the Context of Membership of the European Union The article presents a synthetic analysis of issues related to the constitutional position of the President of the Republic of Poland in constitutional and institutional order in the context of Poland’s membership in the structures of the European Union. The text mentions the basics of not only legal but also functional elements of the constitutional system. The purpose of this article is also to indicate how much the constitutional model of the executive bodies is sufficient to resolving problematic political issues when there is a particular kind of relationship between the head of state and the government administration.

Kadi and the Role of the Court of Justice of the European Union in the International Legal Order

2013 ◽  
Vol 15 ◽  
pp. 587-617
Author(s):  
Veronika Fikfak
Keyword(s):  
European Union ◽  
Active Role ◽  
Legal Order ◽  
Constitutional Court ◽  
The European Union ◽  
National Courts ◽  
Court Of Justice ◽  
Domestic Courts ◽  
International Legal Order

AbstractThis chapter investigates the role of the Court of Justice of the European Union (CJEU) in the international legal order in light of its decision in Kadi and the forthcoming Kadi II. It focuses on establishing how the Court perceives its relationship with the UN Security Council and its position in the international legal order. The CJEU’s approach is analysed by identifying the characteristics of review adopted by it as a ‘constitutional court of a municipal legal order’. In this context, the chapter reveals how the CJEU’s review resembles that employed by domestic courts seeking to give force to the same or similar actions of international institutions and shows which motives may have led the CJEU to follow the practice of national courts in constructing its relationship with the international organs. This practice is contrasted with Advocate General Bot’s desire to depart from the image of an all-powerful but isolated CJEU, a court ignorant of other legal orders. Bot insists that what the CJEU ought to do in Kadi II is adopt both a more modest, deferential role in reviewing international sanctions and a rather more active role as a participant in the international legal order.

2. The Foundations of European Union Intellectual Property Law

2019 ◽  
pp. 36-66
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
European Union ◽  
European Central Bank ◽  
Legal Order ◽  
Property Law ◽  
The European Union ◽  
European Central ◽  
Court Of Justice ◽  
Union Section ◽  
The Eu

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.

scholarly journals CONSEQUENCES OF THE MIGRANT CRISIS

2019 ◽  
Vol 30 (6) ◽  
pp. 1427-1435
Author(s):  
Hatidza Berisha ◽  
Milenko Dzeletovic ◽  
Vladimir Tomasevic
Keyword(s):  
European Union ◽  
Middle East ◽  
Asylum Seekers ◽  
Country Of Origin ◽  
The European Union ◽  
The Status ◽  
Basic Concepts ◽  
The Republic ◽  
Migration Crisis

In daily communication are often used terms, such as migration, immigrants, refugees, emigrants, asylum seekers and similar, which in principle denote persons living outside the country of origin and their properties. However, there is often a lack of understanding in the perception and distinction between these terms, which in academic practice necessarily requires the determination of the scope and content of those terms. Therefore, we should try to point out the content and scope of concepts that define the status of migrants in the modern world.The paper deals with the basic concepts of migration, as well as the main features of the current migration crisis, with the focus on the consequences of the migrant crisis in the Republic of Serbia and the evinced security implications are described.The aim of the paper is to point out the most important consequences of the migrant crisis in the Republic of Serbia and to assess the possible future implications of the migrant crisis, which is primarily conditioned by the the degree and dynamics of solving problems in the Middle East, political and other decisions and measures of the European Union and neighboring countries.

scholarly journals Determination of circularity indicators: A case study of MB International Company

2020 ◽  
Vol 13 (1) ◽  
pp. 9-21
Author(s):  
Angelina Pavlović ◽  
Goran Bošković ◽  
Nebojša Jovičić ◽  
Snežana Nestić ◽  
Natalia Sliusar ◽  
...  
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Adverse Effects ◽  
Circular Economy ◽  
The European Union ◽  
Use Of Resources ◽  
The Republic ◽  
Additional Value

The circular economy (CE) is currently a worldwide popular concept that should ensure sustainable development and resource efficiency. It is established on the theory of consumption and use of resources in the process of production in a way that affects a limitation of adverse effects on the environment. Simultaneously, this concept creates additional value and reuse of the products. In the Republic of Serbia (RS), the idea of CE is still new and underdeveloped. Hence, this paper aims to explore the possibility of implementing a CE in companies that operate in the RS by adopting the already developed methodology in the European Union. This research was conducted by monitoring the production process in the company "MB INTERNACIONAL" that produced cardboard packaging. The obtained approximate value of Circular Indicator of this company was 0.47, which indicated that the company had excellent chances for full implementation of the CE model in the business with the application of specific measures. The low-budget and highbudget measures, which could improve the circularity level in the analyzed company, are also presented in the research.

The Court of Justice of the European Union and the Armenian Legal Order

2020 ◽  
pp. 199-219
Author(s):  
Narine Ghazaryan
Keyword(s):  
European Union ◽  
National Court ◽  
Case Law ◽  
Legal Order ◽  
Constitutional Court ◽  
The European Union ◽  
Court Of Justice ◽  
The Republic ◽  
Partnership Agreement ◽  
The Eu

The chapter analyses the limited impact of Court of Justice of the European Union (CJEU) case law on the legal order of the Republic of Armenia. Despite Armenia’s geographic proximity to the EU, CJEU precedents feature in only two cases of the Constitutional Court of Armenia. In both cases, CJEU case law is seen merely as part of comparative international legal practice, informing the judgment of the national court, rather than affecting the ratio per se. The chapter analyses the main reasons behind the apparent lack of CJEU impact on Armenian judicial practice and the legal order more generally. These include, for example, low intensity in bilateral relations between the EU and Armenia and cognitive barriers. The chapter also addresses the main features of the Comprehensive and Enhanced Partnership Agreement and covers future possibilities for judicial interaction between the two legal orders.

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