scholarly journals Implementation of the EU Horizontal Policies in Ukraine in the Framework of the EU-Ukraine Association Agreement

2020 ◽  
Vol 2020 (57) ◽  
pp. 169-187
Author(s):  
Oksana Krayevska
Keyword(s):  
Policy Implementation ◽  
Association Agreement ◽  
Bilateral Cooperation ◽  
The Law ◽  
Common Policies ◽  
The Eu

The EU Horizontal Policies and their impact on the relations with third countries have been investigated based on the EU-Ukraine Association Agreement. The essence and role of the EU common policies and the place of horizontal policies within their structure are analysed here. Special attention is paid to the EU-Ukraine cooperation in the framework of the Association Agreement and responsibilities of Ukraine in the process of the law approximation and policy implementation followed by analyses of the achievements, challenges, and further perspectives for their bilateral cooperation in the conclusion.

scholarly journals The Specific Features of the Contemporary Russian Foreign Energy Policy Shift in Modern Times

2015 ◽  
pp. 94-101
Author(s):  
E. S. Leonov
Keyword(s):  
Energy Policy ◽  
Legal Framework ◽  
Political Crisis ◽  
External Energy ◽  
Regional Energy ◽  
Policy Shift ◽  
Bilateral Cooperation ◽  
The Republic ◽  
The Eu

In recent years there has been brewing up a necessity in Russia to change direction of its external energy policy radically as a result of unconstructive and hugely politically charged approach of the EU - main and traditional partner of Russia - to settlement of fundamental issues in bilateral cooperation. First of all this refers to failed efforts to create regional energy security system, based on respective institutions and legal framework, by reason of unwillingness of the EU to respect the Russian standpoint as an exporter of energy resources. As a result, there is a legal vacuum today in energy cooperation between Russia and the EU, which they failed to fill. The current political crisis in Europe, which is caused by accession of the Republic of Crimea to the Russian Federation and events in Ukraine, has aggravated long-standing problems of energy partnership EU-Russia. At the same time active EU policy on diversification of energy sources and supply routes discredits peculiar role of Russia as EU key energy supplier. These factors have triggered a significant revision of Russian interests in favor of eastern direction. A new promising contract with China on 21 May 2014 and memorandum with Turkey on 1 December 2014 are the milestones of the present Russian eastern policy. Both contracts can disrupt power balance on the global energy market. The article deals with background and causes for the present Russian eastern activity.

scholarly journals Resilience in the Context of the Implementation of the EU-Ukraine Association Agreement

2021 ◽  
pp. 1-26
Author(s):  
Roman Petrov ◽  
Oksana Holovko-Havrysheva
Keyword(s):  
Market Integration ◽  
Internal Market ◽  
Association Agreement ◽  
Trade Dispute ◽  
First Case ◽  
Institutional Cooperation ◽  
Bilateral Cooperation ◽  
High Degree ◽  
Institutional Mechanism ◽  
The Eu

This article examines the extent of the practice of resilience in the process of the implementation of the EU-Ukraine Association Agreement (AA). Also, it analyses the main legislative and institutional tools promoting resilience of Ukraine’s market integration with the EU. Two cases are considered in this study. The first case is the launch of negotiations on the EU-Ukraine Agreement on Conformity and Acceptance of Industrial Products (ACAA). The second case is an EU-Ukraine Trade Dispute on Export Woods Ban. In both cases the EU institutions and Ukraine display a high degree of flexibility to pursue a policy of resilience to achieve a high degree of EU Internal Market rapprochement. In the case of Ukraine, the institutional mechanism of the EU-Ukraine AA remains unused as a forum to discuss effectively and to find solutions for impeding problems in the bilateral cooperation agenda. Therefore, a coherent, transparent, and effective institutional cooperation framework in the bilateral EU-Ukraine relations is still needed.

scholarly journals Frames and images facing Ukraine: comparing Germany's and Russia's media perceptions of the EU relations with Ukraine

2018 ◽  
Keyword(s):  
Economic Integration ◽  
Print Media ◽  
The Political ◽  
European Neighbourhood Policy ◽  
Association Agreement ◽  
German Press ◽  
Political Association ◽  
Patterns Of Interaction ◽  
The Eu

The recent EU-Ukraine Summit in July 2018 demonstrated that the leaders of the EU and Ukraine have committed to further deepen the political association and economic integration of Ukraine with the EU. Yet, this “strong partnership,” based on a joint association agreement, has been overshadowed by Russia’s illegal annexation of Crimea and its instigation of the war in Donbas. Given that Ukraine is an important geopolitical neighbour for both the EU and Russia, the EU and its Member States – especially Germany and France – have taken on the role of mediators in the Russia-Ukraine conflict. The focus of our study is on the image of the EU-Ukraine relationship as a unique and outstanding case. Ukraine’s close ties with Russia appear to be waning, however, the more Ukraine tries to strengthen its ties with the EU, the more Russia seems to resist. In this regard, we ask: How are the relationships between the EU and Ukraine are represented in German and Russian print media? How do the print media sources frame this relationship and what different images do they communicate? The content analysis of data draws diverging pictures: within the same period, the patterns of interaction between the EU and Ukraine, evolving within European Neighbourhood Policy and Eastern Partnership, tend to be depicted as far more cooperative in the German press, whereas Russia’s print media portray EU-Ukraine relations as increasingly negative and more conflicted over the years.

The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union

2021 ◽  
pp. 55-61
Author(s):  
Ivanna Maryniv ◽  
Andriy Kotenko
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Annual Reports ◽  
Main Body ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.

The European Union and Law of the Sea Convention at the Age of 30

2012 ◽  
Vol 27 (4) ◽  
pp. 711-721 ◽  
Author(s):  
Ronán Long
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Working Party ◽  
Law Of The Sea ◽  
The European Union ◽  
Eu Policy ◽  
The Law ◽  
The Eu

Abstract Several factors that have contributed to the success of the Law of the Sea Convention as a blueprint for the regulation of oceanic activities in the European Union (EU) are outlined, including the comprehensive nature of the Convention, the role of the Working Party on the Law of the Sea (COMAR) in coordinating EU policy, as well as the EU approach to dispute settlement and to global oceanic affairs.

Funding the eu–Morocco ‘Mobility Partnership’: Of Implementation and Competences

2016 ◽  
Vol 18 (3) ◽  
pp. 275-301
Author(s):  
Leonhard den Hertog
Keyword(s):  
Policy Implementation ◽  
Policy Discourse ◽  
The Political ◽  
The European Union ◽  
Academic Literature ◽  
Legal Literature ◽  
Political Struggles ◽  
And Migration ◽  
The Eu

This article explores the role of funding under the ‘Mobility Partnership’ (mp) concluded between the European Union (eu), various Member States and Morocco. As most academic literature and policy discourse assumes a link between funding and policy implementation, this article enquires into how funding can help us understand implementation and the priorities set therein, and what alternative understandings of funding we could develop. By presenting evidence from the eu-Morocco mp, it is argued that looking at eu funding obscures rather than clarifies the priorities pursued in the cooperation on borders, asylum and migration. Drawing from the political sociology of public finances and from legal literature, this article understands funding as embedded in institutional, legal and political struggles over competences, and highlights the symbolic nature of funding.

scholarly journals LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS: NOVELTIES UNDER THE LEGISLATION OF UKRAINE

2020 ◽  
Author(s):  
Анатолій Кодинець ◽  
Анастасія Сідоренко
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
Industrial Property ◽  
Association Agreement ◽  
The Law ◽  
Indication Of Origin ◽  
The Eu

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their  International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association  Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.

scholarly journals Legal Frame of Agricultural Land Succession and Acquisition by Legal Persons in Serbia

2021 ◽  
Vol 16 (30) ◽  
pp. 59-73
Author(s):  
Attila Dudás
Keyword(s):  
Agricultural Production ◽  
Opposite Effect ◽  
Agricultural Land ◽  
The European Union ◽  
Association Agreement ◽  
National Assembly ◽  
Legal Restrictions ◽  
The Law ◽  
The Eu ◽  
Legal Entities

The rules on the succession and transfer of agricultural land in Serbia may be characterised as liberalistic. There are no special inheritance regimes applicable specifically to the succession of agricultural land. There is only the possibility of an heir, engaged in agricultural production, to request that the court name him the sole heir of the agricultural land, with the obligation to compensate others. Similarly, the transfer of agricultural land by inter vivos transaction is also essentially devoid of any serious legal restrictions, either for natural persons or for legal entities. There is no cap on the acquisition of ownership, nor must the buyer prove that he or she is, in fact, engaged in agricultural production. Serbian law excludes the possibility of foreign persons or legal entities acquiring ownership of agricultural land. According to the Stabilisation and Association Agreement concluded with the European Union, it was expected that Serbia would gradually enable natural persons and legal entities from the member states of the EU to acquire ownership of agricultural land by no later than 1 September 2017 when the four-year period for the implementation of this obligation expired. Seemingly, in order to fulfil the obligation, the Serbian National Assembly amended the Law on Agricultural Land in August 2017. The amendments explicitly regulate under which conditions natural persons and legal entities from the EU may acquire ownership of agricultural land. However, even a superficial reading of the new regulation reveals that the opposite effect has been achieved. Instead of enabling natural persons and legal entities from the EU to obtain ownership of agricultural land on equal footing with domestic natural persons and legal entities, the legislature created a set of special conditions applicable only to the former but not to the latter. Moreover, the conditions are so strict that no legal entity could meet them, while natural persons only hypothetically could, if at all. Therefore, it seems that the 2017 amendments to the Law on Agricultural Land hardly aimed to implement the Stabilisation and Association Agreement.

scholarly journals Theoretical bases of implementation of customs procedures at movement of cargoes in containers

2021 ◽  
pp. 180-187
Author(s):  
Olena Korobkova
Keyword(s):  
Association Agreement ◽  
Theoretical Substantiation ◽  
Border Trade ◽  
Analysis And Synthesis ◽  
Theoretical Generalization ◽  
Speed Up ◽  
The Cost ◽  
The Eu

Purpose. The aim of the article is the theoretical substantiation of expediency of obligatory formation and application of preliminary decisions on classification and origin during customs control of cargoes in containers. Methodology of research. The theoretical and methodological basis of the study is formed by the works of foreign and domestic scientists and practitioners on customs control and implementation of state customs. Methods of theoretical generalization, analysis and synthesis, scientific abstraction are used to clarify the nature and role of customs control; observation and formalization – to monitor the effectiveness of the customs control system when moving goods in containers across the customs border of Ukraine. Findings. The main normative and legal acts of Ukraine concerning the procedure of execution of customs procedures related to the organization of customs control at checkpoints across the state border are analysed. It is established that one of the key obligations of Ukraine under the Economic Part of the Association Agreement with the EU is to accede to the Convention on a common transit procedure, which requires the introduction of NCTS, which will speed up and improve customs procedures for goods in containers moving through Ukrainian European border, reduce the cost of cross-border trade in goods with European countries, and more effectively counter attempts to violate customs regulations. The advantages of Ukraine's accession to the Convention have been identified. Possibilities of making preliminary decisions by the customs authorities on the classification and origin of goods moving across the customs border of Ukraine are revealed. Originality. Substantiation of expediency of formation and application of previous decisions as obligatory has been further developed, which will help to improve customs control when moving cargo in containers across the customs border of Ukraine, by excluding operations to determine the UCG FEA (Ukrainian classification of goods of foreign economic activity) code and country of origin after crossing the customs border. Practical value. The results of the study can be proposed in the activities of customs officials in order to increase the efficiency of customs control and reduce the time of customs formalities for goods moving across the customs border of Ukraine. Key words: customs control, preliminary decisions, customs formalities, customs clearance, customs procedures, joint transit.

scholarly journals The fourth industrial revolution: How the EU can lead it

European View ◽  
2018 ◽  
Vol 17 (1) ◽  
pp. 5-12 ◽  
Author(s):  
Matthias Schäfer
Keyword(s):  
Artificial Intelligence ◽  
Industrial Revolution ◽  
New Technologies ◽  
Human Beings ◽  
Wealth Creation ◽  
Fourth Industrial Revolution ◽  
Technological Impact ◽  
Common Policies ◽  
The Eu

The fourth industrial revolution is different from the previous three. This is because machines and artificial intelligence play a significant role in enhancing productivity and wealth creation, which directly changes and challenges the role of human beings. The fourth industrial revolution will also intensify globalisation. Therefore, technology will become much more significant, because regions and societies that cope positively with the technological impact of the fourth industrial revolution will have a better economic and social future. This article argues that the EU can play an important role in developing an environment appropriate for the fourth industrial revolution, an environment that is vibrant and open to new technologies. Member states would profit from an EU-wide coordinated framework for this area. The EU has to establish new common policies for the market-oriented diffusion and widespread use of new technologies.

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