THE PROBLEMS OF INTEGRATION AND ADAPTATION OF UKRAINE’S LEGISLATION IN THE PROTECTION OF ENVIRONMENT TO THE LEGAL STANDARDS OF THE EUROPEAN UNION

2008 ◽  
pp. 36-41
Author(s):  
Maryana Kupchak ◽  
◽  
Andriy Samilo ◽  
Keyword(s):  
European Union ◽  
The European Union ◽  
Legal Standards

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

EUROPEAN UNION FINANCIAL POLICY IN THE POST-SOVIET SPACE AT THE BEGINNING OF THE 21ST CENTURY. EXPERIENCE AND PROSPECTS

2020 ◽  
pp. 10-28
Author(s):  
Vitalii F. Ershov ◽  
Keyword(s):  
European Union ◽  
21St Century ◽  
Economic Life ◽  
Financial Policy ◽  
The European Union ◽  
Legal Standards ◽  
European Values ◽  
Soviet Space ◽  
The Eu ◽  
Post Soviet Space

The paper deals with the formation of a modern style of financial relations between the European Union and post-Soviet states. The author explores the objectives and features of the implementation of two main components of the European financial policy in the post-Soviet space: investment in the development and commercial activities of private capital. The EU financial policy in the post-Soviet states advances in the context of pan-European humanitarian, geopolitical and energy concepts established at the beginning of the 21st century. Despite certain differences that exist in the approaches of the European Union to dialogue with groups of countries within the frameworks of the Eastern Partnership and the EU Strategy for Central Asia, a common line is seen here on investments in promoting the education, European values, legal standards of banking. At the same time, in relations between Europe and the post-Soviet countries there is a tendency towards the adoption of the principles of financial pragmatism and a desire for long-term investment ties. The expanding role of the European banks and investment companies in economic life in the post-Soviet space is in direct connection with the realization of the modernization potential in post-Soviet states.

scholarly journals Translating clinical findings to the legal norm: the Defendant’s Insanity Assessment Support Scale (DIASS)

2019 ◽  
Vol 9 (1) ◽  
Author(s):  
Giovanna Parmigiani ◽  
Gabriele Mandarelli ◽  
Gerben Meynen ◽  
Felice Carabellese ◽  
Stefano Ferracuti
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Clinical Findings ◽  
Legal Norm ◽  
The European Union ◽  
Equal Rights ◽  
Support Structure ◽  
Legal Standards ◽  
Valid Instrument ◽  
Improve Reliability

Abstract Insanity definition and the threshold for satisfying its legal criteria tend to vary depending on the jurisdictions. Yet, in Western countries, the legal standards for insanity often rely on the presence of cognitive and/or volitional impairment of the defendant at crime time. Despite some efforts having been made to guide and structure criminal responsibility evaluations, a valid instrument that could be useful to guide forensic psychiatrists’ criminal responsibility assessments in different jurisdictions is lacking. This is a gap that needs to be addressed, considering the significant forensic and procedural implications of psychiatric evaluations. In addition, differences in methodology used in insanity assessments may also have consequences for the principle of equal rights for all citizens before the law, which should be guaranteed in the European Union. We developed an instrument, the Defendant’s Insanity Assessment Support Scale (DIASS), which can be useful to support, structure, and guide the insanity assessment across different jurisdictions, in order to improve reliability and consistency of such evaluations.

scholarly journals Dislocations on understanding the rule of law

2017 ◽  
Vol 3 (1) ◽  
pp. 4-9
Author(s):  
J.J. Gomes Canotilho
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
The Rule Of Law ◽  
Legal Standards ◽  
Constitutional Discourse

This paper analyses the problems of the rule of law in today’s legal and constitutional discourse. The criticisms the rule of law principle is subjected to, which contribute to its downgrading and to changes in the legal standards that had been progressively achieved, are especially examined, namely, the so-called hyper-protection of fundamental rights and the difficult harmonization with the idea of efficiency. Furthermore, the author identifies the de facto conditions that accentuate the identified problems, such as the systemic deficit of the European Union and the jurisdictional deficit that has become evident since the economic crisis.

scholarly journals Legal and politological aspects of competition in Bosnia and Herzegovina as a paradigm of the European integration process

2020 ◽  
Vol 1 (14) ◽  
pp. 55-68
Author(s):  
Kanita Imamović-Čizmić ◽  
Samir Sabljica
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Market Competition ◽  
Regulatory Body ◽  
The European Union ◽  
Integration Process ◽  
Association Agreement ◽  
Legal Standards ◽  
The Law ◽  
The Eu

As a country in transition and development, committed to the path towards membership in the European Union, Bosnia and Herzegovina encounters many challenges and obstacles in terms of fulfilling the tasks set before it. Quite complicated governmental and legal arrangement determines the pace of achieving the tasks that are prerequisites for the European Union membership status. By signing the Stabilisation and Association Agreement, Bosnia and Herzegovina assumed the obligation to gradually harmonise the national legislation with the EU legislation in the most important areas related to the internal market. In this context, one of highly important ones is the area of competition law. This paper analyses the quality of solutions provided by the normative and institutional framework of the market competition protection in Bosnia and Herzegovina by using the normative, historical, comparative, and content analysis methods. Basic features of the Stabilisation and Association Agreement between Bosnia and Herzegovina and the EU are presented through a chronological summary of the integration process of BiH into the EU. The primary hypothesis of the paper is that recent legal solutions in the area of competition do not follow the current legal standards of the competition regulations in the EU. Analytical overview of annual reports on the operation of the Council of Competition as regulatory body in Bosnia and Herzegovina shows that competition is a typical example of the ‘crawling’ integration of Bosnia and Herzegovina to the EU. It is quite obvious that the lack of political will of the ruling structures slows the integration processes down. This area requires an efficient enforcement of competition regulations whose implementation enables the companies to act in line with the law. Without adequate and prompt amending of the Law on Competition and related by-laws there can be no positive evaluation of the European Commission concerning the progress of Bosnia and Herzegovina.   

scholarly journals Carbon Dioxide Emissions as an Indicator of Reduction of Negative Externalities Related to Road Motor Vehicle Operation

2014 ◽  
Vol 62 (4) ◽  
pp. 613-621 ◽  
Author(s):  
Břetislav Andrlík
Keyword(s):  
Carbon Dioxide ◽  
European Union ◽  
Carbon Dioxide Emissions ◽  
Motor Vehicle ◽  
Performance Standards ◽  
Motor Vehicles ◽  
The European Union ◽  
Passenger Cars ◽  
Legal Standards ◽  
Harmful Substances

This contribution deals with issues of carbon dioxide emissions generated by road motor vehicles in the Czech Republic and the European Union. We discuss the current need for the introduction of environmental features to the system of taxation of motor vehicles, aiming at the mitigation of harmful substances emitted into the atmosphere. The most harmful substance produced during the combustion of hydrocarbon fuels by motor vehicles is CO2, whose emissions are subsequently used as an instrument for green tax reforms in the European Union member states. In this article we define the main EU legal standards regulating harmful substances emitted into the atmosphere as a result of road motor transport. We may cite for instance the Regulation (EC) No. 443/2009 setting CO2 emission performance standards for new passenger cars. The aim of the European Union is to reduce average emission values of new passenger cars sold in the EU to 130 g CO2/km by 2015 and to 95 g CO2/km by 2020. Assessment of tax on motor vehicles according to CO2 emissions shall help fulfil commitments from the Kyoto Protocol, aiming at the reduction of greenhouse gas emissions.

scholarly journals Elements of judge-made law in Serbia and European Union

2009 ◽  
pp. 7-40
Author(s):  
Dusan Nikolic
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
Legal Rules ◽  
Legal Standards ◽  
Current Trends ◽  
The Creation ◽  
Broad Interpretation ◽  
Rules Changes

Serbia has developed a legal system of state regulations of the European continental type. The majority of legally relevant relations are governed by norms in the form of laws and other general legal acts adopted by bodies of the legislative and executive branches of government. In accordance with the principle of division of power proclaimed by the constitution, courts are obliged to consistently apply general rules. Judges should apply the law, not create it. In other words, jurisprudence is not considered to be a formal source of law. However, in reality, courts have always played a much more significant role in the process of shaping the legal system. This role has ranged from a very broad interpretation of statutory rules to the creation of individual rules in order to fill legal lacunae, and even creating general legal rules. Evidence of this are the numerous examples from the history of Serbian law, which is briefly outlined in the following pages. The historical overview presents the role of courts in mediaeval Serbia, during the period of uprisings against the Turkish occupation (1804-1830), during the time of the creation of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia), and in the post-revolutionary period in socialist Yugoslavia. Particular emphasis is placed on the mixed legal system with elements of judge-made law developed on the territory of the Province of Vojvodina between the two World Wars. In the second part of the paper, the role of courts in the modern law of Serbia is discussed. In that context, mention is given to constitutional approaches, current trends and the informal influence of courts in the process of shaping the legal system. A few pages have been dedicated to the problems facing courts in Eastern European in the period of transition. This primarily relates to the implementation of the community acquis which is developing at an alarming speed with far-reaching consequences for legal, economic and social stability in many countries, as well as the European Union itself. The acceptance of high and often objective unachievable legal standards widens the gap between the normative and the actual. Legal insecurity rises, and with it, mistrust in state institutions, including the courts, which carry particular responsibility for the creation of a new legal environment. The concluding segment of the paper is devoted to the role of courts in a future European law. In that context, current trends in the European Union are presented. Special consideration is given to the broad competencies of the Court of Justice of the European Communities, which delve as far as creating legal rules. Changes taking place in Europe point to the need to reconsider traditional teachings on the division of power and redefine the position of courts.

scholarly journals Water policy of Serbia and the European Union

2013 ◽  
pp. 235-249
Author(s):  
Trivo Indjic
Keyword(s):  
European Union ◽  
Natural Resource ◽  
Water Policy ◽  
The State ◽  
The European Union ◽  
Critical View ◽  
Eu Policy ◽  
Legal Standards ◽  
State Of Water ◽  
The Eu

The paper provides a critical view of the state of water and water policy in Serbia. It points out the slow acceptance of technical and legal standards of the EU, whose member Serbia aspires to become. The author offers some critical remarks of the EU Water Framework Directives and the EU policy of commercialization and privatization of water as a capital natural resource.

scholarly journals Towards the Trustworthy AI

2021 ◽  
Vol 26 (2) ◽  
pp. 9-28
Author(s):  
Tihomir Katulić
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Information Society ◽  
Service Providers ◽  
Rapid Development ◽  
Fundamental Rights ◽  
The European Union ◽  
Ethical Guidelines ◽  
Legal Standards ◽  
Legal Literature

After decades of theoretical deliberations, the rapid development of advanced information technology has allowed machine learning as a first practical step towards artificial intelligence to enter widespread commercial and government use. The transition into a post-industrial, information society has revealed the value of data as an important resource whose processing is the basis of the new innovative information society services. The European Union has enacted several important regulations and directives in the recent past to protect the recognized fundamental rights of individuals and to regulate the obligations of service providers to ensure safe and secure processing. The Charter of Fundamental Rights as the legal basis of the European system of human rights contains significant checks and limitations to the effect and purpose of future EU AI regulation. Whenever and however this regulation is adopted, it will need to comply with and contain existing European legal standards regarding the fundamental rights of individuals in the EU. The European Commission’s ethical guidelines establish ethical principles based on the recognized fundamental rights that future AI systems need to adhere to in order to be recognized as trustworthy. The purpose of this paper is to present and analyse the mechanisms present in existing European regulations in the fields of data protection and information security and in the European Union documents regarding the future artificial intelligence regulation and to offer suggestions for future regulations. The research methodology includes a comparative analysis of available regulations and policy documents of the European Union, national laws, legal literature, and other sources.

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