scholarly journals ASPECTS OF MUTUAL INFLUENCE OF EXTENSION PROCESSES OF THE EUROPEAN UNION LEGAL SPACE AND THE REFORMING OF THE LEGAL SYSTEM OF UKRAINE

2019 ◽  
Keyword(s):  
European Union ◽  
Legal System ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Eu Law ◽  
The European Union ◽  
Space Extension ◽  
National Legal System ◽  
Legal Space ◽  
The Eu

The article defines the main aspects of mutual influence of the legal system of Ukraine reforming processes and the extension of the legal space of the European Union (EU) from the general theoretical viewpoint. The article defines the category «legal space» as an acknowledged and regulated by law life sphere of people, organizations, states and international institutions in order to achieve the agreed and common goals. The main features of the legal space as a phenomenon of legal reality are outlined: multilevel legal regulation with the application of national and international legal acts, unification of law enforcement rules, mandatory agreement on a consensual basis of actors operating within the legal space. The factors of the EU legal space extension are emphasized. It is noted that the reforming of the legal system of Ukraine and the EU legal space extension are interconnected and complementary processes. At the core of such a relationship lies the political will of Ukraine to recognize and legitimize the norms and principles of EU law on the one hand and the desire of the EU to expand the geographical and spatial boundaries of political, legal and economic influence on the other. Based on the analysis of provisions of the bilateral cooperation acts of Ukraine and the EU, as well as using the achievements of national scientists who studied the impact of EU law on the national legal system, four main aspects of the mutual influence of transformation processes of the national legal system and the scope of the extension of the regulatory capacity of the European Union law are highlighted. In particular, it is the creation of a legal basis for the development integrated ties between Ukraine and the EU, recognition of the universal values ​​of the EU in Ukraine, and the involvement of Ukraine in European politics. It is pointed to the issue of Ukraine's full participation in the realization of common policies with the EU. It is emphasized, that the main result of active interaction between the national legal system and the EU legal space is the change of methodological approaches to the analysis of the correlation of political borders of the European Union and factual territorial scope of the European legal space, especially legal borders. That is why the modern scientific community faces a new perspective task - to ground the patterns of formation of the optimal model of Ukraine's borrowing of positive legal practices from the EU legal space, provided that the national identity is preserved in the conditions of the national legal system reforming.

7. Framework for enforcement

2020 ◽  
pp. 183-190
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Legal System ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Effective Protection ◽  
Court Of Justice ◽  
System P ◽  
National Legal System ◽  
The Eu

This chapter outlines the framework for enforcement of European Union (EU) law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), the CJ has played a key role in the enforcement of EU law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU law can also be raised in the national legal system.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

Europeanisation of Polish Law Following Poland’s Accession to the European Union

2017 ◽  
Vol 71 (0) ◽  
pp. 61-71
Author(s):  
Robert Grzeszczak
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
National Legal System ◽  
Before And After ◽  
The Government ◽  
Polish Law ◽  
Two Stages ◽  
The Relationship ◽  
The Eu

The article concerns primarily the effects of the membership of the European Union on national (Polish) law and, to a limited extent, on the political system of a state. The conclusions presented in the article are of universal value. Although the article deals with Polish affairs, the principles, tendencies and consequences identified are typical of the relationship state – the EU, both before and after accession, regardless of the state concerned. It should be, however, noted that the path to membership and the membership itself are different in each case. The practice of the Polish membership of the European Union, its systemic dimension and the changes in the national legal system (Europeanisation) do not differ significantly than in the case of other Member States. Europeanisation of Polish law, politics, economy, culture and society has been in progress since the 1990s. One can differentiate between two stages of Europeanisation: before and after Poland’s EU accession, each characterised by different conditions. Over time, this process, on the whole, has been undergoing numerous changes but it has never weakened in importance. Poland faces issues such as poor legitimation of integration processes, supremacy of the government over the parliament, passivity of parliamentary committees in controlling the government and EU institutions in the decision making process, as well as dilution of responsibility for decisions taken within the EU. The process of Europeanisation relies mostly on direct application of the standards of EU law in the national legal system, implementation of directives into national law and harmonisation or standardisation of national legal solutions so that they comply with the EU framework. It is also reception of a common, European (Union) axiology.

Accession to International Instruments as an EU Legality Constraint

2021 ◽  
pp. 100-122
Author(s):  
Bruno De Witte
Keyword(s):  
European Union ◽  
International Agreements ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
International Commitments ◽  
International Obligations ◽  
Legal Space ◽  
International Instruments ◽  
The Eu

When the EU becomes a party to an international legal instrument, whether bilateral or multilateral, that international agreement is incorporated automatically in the EU legal order and becomes a legality constraint within that legal order, due to the recognition, by EU law itself, of the precedence of those international commitments over secondary EU law. In the multilevel European legal space, agreements concluded by the EU also become a legality constraint for the Member States of the EU, even if they are not parties to the international instrument themselves. Ensuring compliance with the EU’s international obligations sets in motion the adoption of internal legislation to implement those international obligations or to repeal existing EU law measures that are inconsistent with them; and the Court of Justice of the European Union can review the compliance of EU secondary law (and Member State law) with the EU’s international agreements. However, the Court has self-limited this review power through the development of a doctrine on the limited direct effect of international agreements.

5. Parliamentary sovereignty, the European Union, and Brexit

Public Law ◽  
2020 ◽  
pp. 154-202
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
European Union ◽  
Legal System ◽  
Working Relationship ◽  
Eu Law ◽  
The European Union ◽  
Political Landscape ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter explains the process and significance of the UK’s membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable legal system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.

scholarly journals Organizacja administracji ochrony środowiska w Polsce i Unii Europejskiej

2014 ◽  
Vol 12 (2) ◽  
pp. 105-119
Author(s):  
Maciej Jabłoński
Keyword(s):  
European Union ◽  
Member State ◽  
Environmental Protection ◽  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
Acquis Communautaire ◽  
Member States ◽  
The Will ◽  
The Eu

The organization of environmental protection in Poland and the European Union is a mutual connection of competencies and a correlation of systems and rights according to national and EU laws. The legal system of the EU is the result of decades of cooperation undertaken by the will of the Member States known as the acquis communautaire. EU law has primacy over national law, which in practice means that in the event of a conflict between the provisions of national law and EU law, the national law is deemed inapplicable and needs to be adjusted by the Member State.

scholarly journals Legal Regulation of the EU Common Agricultural Market

2020 ◽  
Vol 16 (2) ◽  
pp. 89-97
Author(s):  
E. G. Martirosyan
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Farm Animals ◽  
Eu Law ◽  
The European Union ◽  
Agricultural Market ◽  
Member States ◽  
Legal Method ◽  
European Union Legislation ◽  
The Eu

Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs,  as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.

scholarly journals Agency Design in the European Union

2010 ◽  
Vol 28 (2) ◽  
pp. 309 ◽  
Author(s):  
Herwig C.H. Hofmann
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
Future Perspectives ◽  
Law And Policy ◽  
Multi Level ◽  
Agency Design ◽  
The Eu

This article gives a brief overview of the main features, functions and future perspectives of agencies in the European Union [EU]. It highlights the specific notion of the EU’s highly integrated, multi-level legal system as an explanatory factor for the specificities of agency design. The article looks at agencies in the EU through the lens of the structural and procedural arrangements for their independence and their accountability. The article comes to the conclusion that, generally speaking, accountability and independence are defined by and adapted to the position of an agency within the structure of administrative networks implementing EU law and policy. Their raison d’être is usually to coordinate Member State implementing activities rather than taking on these responsibilities themselves.Cet article présente un bref aperçu des caractéristiques principales, des fonctions et des perspectives d’avenir d’agences au sein de l’Union Européenne [UE]. Il met en évidence la notion particulière que les spécificités de la façon dont les agences sont structurées s’expliquent par le fait que le système juridique de l’UE est hautement intégré et à niveaux multiples. L’article examine des agences de l’UE dans la perspective des arrangements structuraux et procéduraux en vue de leur indépendance et de leur obligation de rendre compte. L’article conclut que de façon générale l’obligation de rendre compte et l’indépendance sont définies par, et adaptées à, la position d’une agence dans le cadre des réseaux administratifs qui appliquent la loi et les politiques de l’EU. Leur raison d’être est généralement de coordonner les activités d’application des États Membres plutôt que d’être chargées elles-mêmes de ces responsabilités.

8. The European Union and Brexit

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the likely constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law has been accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter considers the extent to which lessons learned about the UK constitution as a result of EU membership may remain relevant post-Brexit.

4. Sources and forms of EU law

2020 ◽  
pp. 100-130
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Legal System ◽  
International Agreements ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

This chapter examines the forms and sources of European Union (EU) law. It describes the nature of the EU legal system and discusses the classification of various elements of EU law, which include institutional laws, procedural laws, and substantive laws. It explains that the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the principal sources of law for the Union. Other sources include regulations, Directives, procedural requirements, and international agreements and conventions. This chapter also discusses the contribution of the European Court of Justice (CJEU) to the sources of EU law.

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