scholarly journals PROBLEMS OF LABOR LAW FORMATION IN THE FRAMEWORK OF EUROPEAN INTEGRATION

2021 ◽  
Vol 77 (4) ◽  
pp. 85-92
Author(s):  
Liubov Kotova ◽  
◽  
Victoria Tiutiunnyk ◽  
Keyword(s):  
National Level ◽  
Labor Law ◽  
Legal Regulation ◽  
Social Model ◽  
International Labor Organization ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
International Labor ◽  
The Eu

European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.

scholarly journals Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
Vector System ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.

scholarly journals Reforming of legislation on the residues of veterinary medicinal products in foodstuffs of animal origin as a component of Ukraine food security

2020 ◽  
Vol 22 (100) ◽  
pp. 108-115
Author(s):  
I. Berezovska
Keyword(s):  
Food Security ◽  
Legal Regulation ◽  
Economic Security ◽  
Animal Origin ◽  
The European Union ◽  
Medicinal Products ◽  
Association Agreement ◽  
National Legislation ◽  
The Eu ◽  
Veterinary Medicinal Products

It is known that the food security of the state, aimed at providing the population with quality and healthy food, is an important component of economic security. Recent developments in the world and national security challenges posed by the Covid-19 virus pandemic necessitate a reassessment of approaches to the legal regulation of issues that significantly affect human health. Today, the reform of the relevant national legislation on FAR residues in food requires a systematic and holistic approach and the definition of its priorities in such a way as to promote food safety and the development of domestic business. The article is devoted to the analysis of the current Ukraine legislation concerning regulation of residues of veterinary medicinal products in foodstuffs of animal origin. It was shown that the formation of such legislation was due to the development of international trade, including the fulfilment of the European Union requirements for the safety of foodstuffs imported into its market. At the same time, the conclusion of the Association Agreement and the introduction of a Free trade zone with the EU was a significant impetus to the reforming of national legislation on residues. The analysis of EU regulations, which serves as a legal basis for the residues control at the EU level, was carried out. It is noted that today in the Ukrainian legislation, despite the introduction of annual national plans for state monitoring of residues of veterinary medicinal products and contaminants in live animals and unprocessed foodstuffs of animal origin, there are a number of gaps that require urgent legislative regulation. It was proved that the completion of the reform of the national legislation on residues will contribute to improving safety of domestic foodstuffs, and therefore, will have important positive consequences not only for the development of trade with the EU, but primarily for the food security of Ukraine and the protection of the health of Ukrainian citizens.

European social models in times of crisis: Sapir’s contribution reviewed

2018 ◽  
Vol 38 (3/4) ◽  
pp. 295-311
Author(s):  
Matilde Lafuente-Lechuga ◽  
Úrsula Faura-Martínez ◽  
Olga García-Luque
Keyword(s):  
Economic Crisis ◽  
Poverty Reduction ◽  
Graphical Analysis ◽  
Social Model ◽  
The European Union ◽  
Social Models ◽  
Member States ◽  
Content Type ◽  
Europe 2020 ◽  
The Eu

Purpose The purpose of this paper is to show evidence of the divergence of welfare outcomes in the European Union (EU) during the economic crisis, which made the European social model fail, and the convergence among European countries halt. This study reviews Sapir’s model for classifying European welfare state systems and adapts it to the new reality, taking into account Europe 2020 targets on poverty reduction and employment growth. Design/methodology/approach Two variables are used in the application of Sapir’s graphical analysis to European social models: the employment rate as efficiency indicator, and the people At Risk Of Poverty and/or Exclusion rate as equity indicator. Both efficiency and equity are present in Europe 2020 targets. In addition, a cluster analysis is applied. Findings The division of EU member states into four geopolitical social models has proved to be dynamic, changing in the period under analysis. As a consequence of the economic crisis and the fiscal consolidation, efficiency and equity levels across the EU are polarised between the Mediterranean and the Nordic models. Originality/value This paper shows the effects of the economic crisis in the EU, analysing the evolution between 2008 and 2014, and incorporating Eastern Europe new member states into the analysis.

scholarly journals Legal Foundations for Exporting Dual-Use Goods from the European Union

Lex Russica ◽  
2021 ◽  
pp. 44-56
Author(s):  
V. Yu. Slepak
Keyword(s):  
Legal Regulation ◽  
The European Union ◽  
Dual Use ◽  
Member States ◽  
National Regulation ◽  
Eu Member States ◽  
Legal Obligations ◽  
Council Regulation ◽  
The One ◽  
The Eu

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.

scholarly journals The European Union competence in the public health field

2021 ◽  
pp. 87-92
Author(s):  
V. O. Tyumentsev
Keyword(s):  
Public Health ◽  
European Union ◽  
Legal Regulation ◽  
Health Protection ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Legal Provisions ◽  
Health Field ◽  
The Eu

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.

scholarly journals On the issue of labor relations in the gig economy of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 129-135
Author(s):  
Ihor Alieksieienko
Keyword(s):  
European Union ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
The European Union ◽  
Independent Contractor ◽  
Gig Economy ◽  
Definition Of ◽  
The Eu

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

scholarly journals New Challenges for European Comparative Law: The Judicial Reception of EU Non-Discrimination Law and a turn to a Multi-layered Culturally-informed Comparative Law Method for a better Understanding of the EU Harmonization

2017 ◽  
Vol 18 (3) ◽  
pp. 721-770 ◽  
Author(s):  
Jule Mulder
Keyword(s):  
National Level ◽  
Comparative Law ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
National Courts ◽  
Culturally Informed ◽  
Harmonization Process ◽  
Legal Harmonization ◽  
The Eu

This article argues that comparative law needs to explore its critical potential when engaging with the European harmonization process and its effects on the law of the Member States. In the first part, the article evaluates existing comparative law methods and their suitability to identify legal and cultural factors that influence the judicial reception of EU harmonized law on a national level. Using EU non-discrimination law as a case study, it questions to what extent traditional methods are suitable to explain differences in the national judicial reception of EU harmonized law, despite the exclusive competence of the Court of Justice of the European Union to interpret EU law. In doing so, it considers the potential of critical comparative law for the development of a deeper understanding of the national courts' reception of EU harmonized law as a key part of the broader legal harmonization process. In the second part, the article develops an original multi-layered culturally informed method to compare EU harmonized law. The proposal goes beyond the existing methods of comparative law by including critical aspects and stressing the relevance of embedding a general normative framework in any comparative critique. It challenges comparatists to reach deeply into national cultural spheres and to identify key influences on the application of EU rules and EU-national legal ‘hybrids’. The method creates room for multi-layered narratives of comparison aimed at gaining a deeper understanding of the national legal and non-legal cultural background that can hinder or facilitate harmonization processes. This enriched comparative critique can offer new insights into the process of legal harmonization in the EU, particularly by focusing on the point of application rather than the previous phases of creation of EU law and its reception by Member States.

Resolution 2300 (Council of Eur. Parl. Assembly)

2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
Eu Directive ◽  
The Eu

This Resolution was adopted in October 2019 following a report of the Committee on Legal Affairs and Human Rights. It has to be seen in the context of previous Council of Europe activity on this topic as well as the European Union (EU) Directive on the protection of persons who report breaches of Union law. The content of the EU Directive was agreed earlier in 2019 and EU Member States are obliged to transpose it into national legislation by December 2021.

scholarly journals Air Protection in the Slovak Republic in the Light of the EU Legislation

2014 ◽  
Vol 3 (1) ◽  
pp. 10-18
Author(s):  
Barbara Pavlíková
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Slovak Republic ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Central State ◽  
Member States ◽  
Vertical Division ◽  
Considerable Impact

Abstract (EN) Environmental protection belongs in accordance with the Article 4 par. 2 letter e) of the Treaty on the Functioning of the European Union between joint powers of the European Union and the Member States. In terms of vertical division of powers, this means that Member States and the Union engage in this field while respecting the principle of subsidiarity and proportionality. The European Union adopts in the field of protection of the single components of the environment mainly framework programs and directives, aimed at defining the general objectives, while the choice of tools to achieve them is usually left to the discretion of Member States. Given that the directive which is the most common act of secondary legislation in this area can be transposed into national law only in the form of generally binding legal act, its objectives at the national level are contained in national laws. Specific conditions are then further laid down by the decree of the responsible department - in the case of environmental protection particularly the Ministry of Environment of the Slovak Republic and the Ministry of Agriculture and Rural Development of the Slovak Republic, in cooperation with other central State administration authorities. The contribution focuses primarily on the legal regulation of one of the components of the environment - air, which is an important factor influencing the quality of life of the population, but the rules defined in this area also have considerable impact on the economy of the country. The work provides a comparison of Slovak legal acts and rules enshrined in primary and secondary EU law, as well as its non-binding acts.

scholarly journals The acts of the EU tax law and double tax treaties: the problems of correlation in establishing anti-tax avoidance rules

2022 ◽  
Vol 5 (4) ◽  
pp. 175-186
Author(s):  
E. A. Ponomareva
Keyword(s):  
Tax Evasion ◽  
Legal Regulation ◽  
Tax Law ◽  
Eu Law ◽  
Tax Treaties ◽  
Member States ◽  
National Legislation ◽  
Tax Regimes ◽  
The Right ◽  
The Eu

The subject. The specifics of the functioning of tax systems and the risk of double taxation require a solution to the issue of whether tax competence can remain only at the national level. Modern cross-border tax relations operate within a multi-level system of legal regulation based on the norms of international, supranational and national lawThe difficulties of correlating these levels are rooted in the fact that, in accordance with international law, each State has the right to tax persons or transactions with which it has a sufficient connection. Different situations may occur when both countries believe that the taxpayer is their resident, or when each of them claims that the income was received in this state. States solve this problem both unilaterally with the help of national legislation, and on a bilateral basis with the help of a double tax treaty.With the adoption of the Action Plan aimed at combating the erosion of the tax base and the withdrawal of profits (hereinafter referred to as the BEPS plan) and the EU Council Directive 2016/1164 (ATAD), tax strategies for using gaps and inconsistencies in tax rules to artificially transfer profits to low-tax jurisdictions were limited.Purpose of the study. The article discusses possible scenarios arising from the interaction of tax agreements and acts of EU tax law. It is necessary to take into account the obligation of the Member States to eliminate inconsistencies between acts of national legislation and acts of EU law. Member States have committed to achieve this goal at the time of EU accession and, therefore, before the adoption of any secondary EU law.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of international and European legal literature. Structural and systemic methods are also the basis of the research.The main results. Due to the clear coordination between the European Union and the OECD of actions in terms of establishing common measures to combat tax evasion and focusing on the subjective element of assessing potential abuse situations, a new standard for combating tax evasion has been established.Сonclusions. The author comes to the conclusion that the priority of the EU law over DTTs has been established. However, Member States retain the right to establish their own tax regimes and enter into tax treaties, thereby creating conflicts in legal regulation. In order to be directly applicable, the norm of the treaty must be clearly and definitely formulated, as well as be unconditional and independent of any national implementation measures.National legislation provides measures to eliminate the legal multiple taxation only for its residents. On the other hand, with respect to tax agreements concluded with third countries, the predominance of one system over another depends on the specific scenario, and in some cases the result achieved is the result of interpretation of existing provisions. In particular, tax treaties should prevail only when concluded before a state joins the EU.

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