scholarly journals Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?

Medicina ◽  
2021 ◽  
Vol 57 (1) ◽  
pp. 47
Author(s):  
Valeria Piersanti ◽  
Francesca Consalvo ◽  
Fabrizio Signore ◽  
Alessandro Del Rio ◽  
Simona Zaami
Keyword(s):  
Legal Status ◽  
Fundamental Rights ◽  
European Countries ◽  
Third Party ◽  
The European Union ◽  
Surrogate Motherhood ◽  
Medically Assisted Procreation ◽  
Italian Case ◽  
The World ◽  
Italian Context

Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.

Development of European Union and joining perspective of Croatia

2007 ◽  
Vol 13 (2) ◽  
pp. 507-514
Author(s):  
Ivan Vuković
Keyword(s):  
European Union ◽  
Monetary Policy ◽  
Security Policy ◽  
Technological Development ◽  
Developed Countries ◽  
European Countries ◽  
The European Union ◽  
Demographic Development ◽  
The World ◽  
The Eu

In this paper we researched European Union starting with the Agreement from Maastrich from year 1992, even though the European Union has a long traditional history and its origin is founded on regulations of economical integrations in Europe beginning from the 1950’s through the Roman treaty from year 1957 and the forming of the European Union Committee in year 1965. Further we follow her expansion and introduction of the European economic and monetary policy, to last, the joining perspective of Croatia. According to the Agreement from Maastrich, European Union lies on three posts: 1) Legal-political and regulative post, 2) Economical post, where the forming of European economical and monetary policy is in the first plan, especially the introducing of Euro as the unique European currency, 3) Post of Mutual foreign security policy within European Union. In that context we need to highlight the research conducted here and in European Union, including the world, regarding development of European Union and its economical, legal, political and cultural, as well as foreign diplomatic results, which are all perspectives of European Union. All the scientists and researches which were involved in exploring the development of EU with its modern tendencies and development perspective, agree that extraordinary results are achieved regards to economical, legal, political, foreign-security and diplomatic views, even tough many repercussions exist in progress of some particular members and within the EU as a whole. The biggest controversy arises in the perspective and expanding of European Union regarding ratification of the Constitution of EU from particular country members, but especially after the referendum was refused from two European countries, France and Netherlands. According to some estimates, the Constitution of EU would have difficulty to be adopted in Switzerland and some other Scandinavian countries, but also in Great Britain and other very developed countries. However the European Community and European Union were developing and expanding towards third European countries, regardless of Constitutional non-existence, where we can assume that if and when the Constitution of EU will be ratified, the EU will further develop as one of the most modern communities. This will enable economical development, especially development of European business, unique European market and free trade of goods and services, market of financial capital and labour market in free movement of labour. Being that EU has become one of the most largest dominating markets in the world, it offers a possibility to all new members to divide labour by using modern knowledge and high technology which insure economical, social and political prosperity. This results to forming a society of European countries which will guarantee all rights and freedom of development for all nations and ethnic groups. As well as, all European countries with somewhat less sovereignty, but in international relations will be stronger and significant, not only in sense of economics, but also in politics and military diplomatic relations. Therefore, Croatia has no choice and perspective if she does not join the European Union till year 2010, but until than it needs to create its strategy of economical and scientific-technological development, including demographic development, which will insure equal progress of Croatia as an equal member of European Union.

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

The Elements of a Constitutional Settlement for the European Union

2001 ◽  
Vol 4 ◽  
pp. 1-13
Author(s):  
Alan Dashwood
Keyword(s):  
European Union ◽  
Legal Status ◽  
Fundamental Rights ◽  
European Council ◽  
The European Union ◽  
Long Run ◽  
The Future ◽  
Charter Of Fundamental Rights

A debate is under way about the future of the European Union. It was started by the Declaration adopted by the European Council of Nice in December 2000, was given more substance by the Declaration of Laeken in December 2001, and received a formal focus in the Convention which has been brought together in Brussels under the chairmanship of former President Giscard d’Estaing. The Nice Declaration referred to, among other things, ‘the simplification of the Treaties with a view to making them clearer and better understood without changing their meaning’, but the Laeken Declaration goes considerably further. There is a section in the Declaration entitled, ‘Towards a constitution for European citizens’, which contemplates possible changes to the structure not only of the Treaties but of the Union itself, including perhaps the abolition of the division into three so-called ‘pillars’, and the distinction between the European Union and the European Communities. The Declaration also raises the matter of the legal status of the Charter of Fundamental Rights which was proclaimed in Nice, and speculates as to the possible adoption ‘in the long run’ of what it calls a ‘constitutional text’. A reordering of the primary instruments of the Union is, therefore, very much on the agenda of the Convention, and the idea has heavyweight political supporters.

Legal status of personality and the institute of citizenship of the european union

2016 ◽  
Vol 5 (2) ◽  
pp. 110-119
Author(s):  
Макуев ◽  
Ruman Makuyev
Keyword(s):  
European Union ◽  
Legal Status ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights

Problematic aspects of the legal status of the personality and its most important element - the institution of citizenship are considered. The standards of the Treaties are widely used: Treaty on the European Union, Treaty on the functioning of the European Union and the Charter of Fundamental Rights of the European Union.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

The Domestic Reach of General Principles of Law: First City Trading Revisited

2008 ◽  
Vol 10 ◽  
pp. 199-214 ◽  
Author(s):  
Nick Grief
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
The European Union ◽  
Academic Evaluation ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
General Principles Of Law

This is a critical analysis—in the light of the Lisbon Treaty, the Charter of Fundamental Rights and recent European Court of Justice (ECJ) case law—of the judgment in R v MAFF, ex p First City Trading, or at least of that part of the judgment concerning the domestic reach of general principles of law. Laws J held that the legal status of the general principles ‘made’ by the ECJ is inferior to that of the principles enshrined in the Treaty, and that therefore the domestic reach of the former is narrower than that of the latter. In the years since the judgment was delivered, however, it does not appear to have been considered by the ECJ and there seems to have been little academic evaluation of its cogency and implications. One commentator considered that the distinction drawn by the judge seemed correct. Another was critical, asserting that ‘the distinction between principles based on Treaty provisions and general principles of law cannot be deduced from the case law of the Court of Justice’. The possible entry into force of the Treaty of Lisbon, which recognises that the Charter of Fundamental Rights of the European Union (and thus presumably the rights, freedoms and principles within it) has ‘the same legal value as the Treaties’, makes it appropriate to revisit the judgment and consider whether Laws J’s approach was correct.

Taking Stock of Regional Democratic Trends in Asia and the Pacific Before and During the COVID-19 Pandemic

2020 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
The State ◽  
Fundamental Rights ◽  
Civil Society Organizations ◽  
Vulnerable Groups ◽  
Political Regime ◽  
The European Union ◽  
The Pacific ◽  
The World

This GSoD In Focus Special Brief provides an overview of the state of democracy in Asia and the Pacific at the end of 2019, prior to the outbreak of the pandemic, and assesses some of the preliminary impacts that the pandemic has had on democracy in the region in 2020. Key fact and findings include: • Prior to the outbreak of the COVID-19 pandemic, countries across Asia and the Pacific faced a range of democratic challenges. Chief among these were continuing political fragility, violent conflict, recurrent military interference in the political sphere, enduring hybridity, deepening autocratization, creeping ethnonationalism, advancing populist leadership, democratic backsliding, shrinking civic space, the spread of disinformation, and weakened checks and balances. The crisis conditions engendered by the pandemic risk further entrenching and/or intensifying the negative democratic trends observable in the region prior to the COVID-19 outbreak. • Across the region, governments have been using the conditions created by the pandemic to expand executive power and restrict individual rights. Aspects of democratic practice that have been significantly impacted by anti-pandemic measures include the exercise of fundamental rights (notably freedom of assembly and free speech). Some countries have also seen deepened religious polarization and discrimination. Women, vulnerable groups, and ethnic and religious minorities have been disproportionately affected by the pandemic and discriminated against in the enforcement of lockdowns. There have been disruptions of electoral processes, increased state surveillance in some countries, and increased influence of the military. This is particularly concerning in new, fragile or backsliding democracies, which risk further eroding their already fragile democratic bases. • As in other regions, however, the pandemic has also led to a range of innovations and changes in the way democratic actors, such as parliaments, political parties, electoral commissions, civil society organizations and courts, conduct their work. In a number of countries, for example, government ministries, electoral commissions, legislators, health officials and civil society have developed innovative new online tools for keeping the public informed about national efforts to combat the pandemic. And some legislatures are figuring out new ways to hold government to account in the absence of real-time parliamentary meetings. • The consideration of political regime type in debates around ways of containing the pandemic also assumes particular relevance in Asia and the Pacific, a region that houses high-performing democracies, such as New Zealand and the Republic of Korea (South Korea), a mid-range performer (Taiwan), and also non-democratic regimes, such as China, Singapore and Viet Nam—all of which have, as of December 2020, among the lowest per capita deaths from COVID-19 in the world. While these countries have all so far managed to contain the virus with fewer fatalities than in the rest of the world, the authoritarian regimes have done so at a high human rights cost, whereas the democracies have done so while adhering to democratic principles, proving that the pandemic can effectively be fought through democratic means and does not necessarily require a trade off between public health and democracy. • The massive disruption induced by the pandemic can be an unparalleled opportunity for democratic learning, change and renovation in the region. Strengthening democratic institutions and processes across the region needs to go hand in hand with curbing the pandemic. Rebuilding societies and economic structures in its aftermath will likewise require strong, sustainable and healthy democracies, capable of tackling the gargantuan challenges ahead. The review of the state of democracy during the COVID-19 pandemic in 2020 uses qualitative analysis and data of events and trends in the region collected through International IDEA’s Global Monitor of COVID-19’s Impact on Democracy and Human Rights, an initiative co-funded by the European Union.

scholarly journals RE-EVALUATION OF ANIMAL PROTECTION BY THE FINNISH ANIMAL RIGHTS LAWYERS SOCIETY

2020 ◽  
Vol 3 (3) ◽  
pp. 123-142
Author(s):  
BIRGITTA WAHLBERG
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Status ◽  
Point Of View ◽  
Fundamental Rights ◽  
The European Union ◽  
Animal Protection ◽  
Effective Manner ◽  
Protection Legislation ◽  
Sentient Beings

The recognition of animals as sentient beings in the Treaty on the Functioning of the European Union (TFEU) gave rise to expectations as to real concern and care for animal welfare and a balance of human-animal interests. However, both the EU-legislation and the Finnish animal protection legislation is based on an animal welfare paradigm, meaning that animals have a weak legal status compared to humans that makes it impossible to de facto balance human and animal needs and interests in an effective manner from an animal point of view. The weak legal status of animals in the hierarchy of norms in the Finnish legal system contributes to the continuation of the oppression and exploitation of animals. The Finnish Animal Rights Lawyers Society have therefore made a proposal to strengthen animals’ legal status by including animals in the Finnish Constitution (FC) by safeguarding animals’ certain fundamental rights, thereby providing tools for balancing of human-animals interests. This article focuses on the re-evaluation of animal protection from an animal and constitutional point of view.

scholarly journals Immigrants and the space of national minorities in contemporary Europe

2017 ◽  
Vol 7 (1) ◽  
pp. 307-327
Author(s):  
Andrzej Chodubski
Keyword(s):  
European Union ◽  
Cultural Diversity ◽  
European Countries ◽  
The European Union ◽  
The Past ◽  
National Minorities ◽  
European Unity ◽  
The World ◽  
The Eu

Abstract The study indicates that contemporary migration movements of the population in Europe are typical of the cultural and civilizational development of the world. Their main cause involves the problem of meeting needs, especially in terms of money and living. The institutions of the European Union, which stress the guarantee of the rights of a human and a citizen, attach significant importance to them. The location of immigrants is different in various European countries. The experience of the past plays an important role in this respect (migration tradition of states and nations). In terms of the recognition of the principle of the EU that European unity is formed by its cultural diversity, migrants (immigrants and emigrants) are subject to the general processes of cultural and civilizational transformation.

scholarly journals The Legal Status of Christians in the Middle East

2020 ◽  
pp. 97-106
Author(s):  
Сергей Александрович Пименов
Keyword(s):  
Saudi Arabia ◽  
Middle East ◽  
Legal Status ◽  
Legal Framework ◽  
European Countries ◽  
International Level ◽  
Middle East Countries ◽  
The World ◽  
Freedom Of Thought ◽  
Western European

На сегодняшний день тема гонений на христиан, к сожалению, по-прежнему не теряет своей актуальности. Несмотря на то, что на международном уровне существует достаточно сильная правовая база, которая предусматривает защиту свободу мысли, совести и религии, христиане в тех или иных регионах мира подвергаются тем или иным притеснениям. Если в странах Западной Европы дискриминация христиан осуществляется косвенным путем - с использованием некоторых политических средств, как например «толерантность», то в странах Ближнего Востока по-прежнему существует угроза их физического уничтожения.В данной статье рассмотрены и проанализированы законодательства в области свободы мысли, совести и религии тех стран, где положение христиан на сегодняшний день представляется наиболее опасным, это: Египет, Ливия, Ирак и Саудовская Аравия. Также здесь проводится сравнение данных нормативно - правовых актов с теми реалиями, которые происходят в отношении христиан на сегодняшний день To date, the topic of persecution of Christians, unfortunately, still does not lose its relevance. Despite the fact that there is a fairly strong legal framework at the international level that provides for the protection of freedom of thought, conscience and religion, Christians in various regions of the world are subjected to various forms of harassment. While in Western European countries discrimination against Christians is carried out indirectly - using certain political means, such as "tolerance", in the Middle East countries there is still a threat of their physical destruction.This article examines and analyzes the legislation in the field of freedom of thought, conscience, and religion in those countries where the situation of Christians is currently the most dangerous.: Egypt, Libya, Iraq, and Saudi Arabia. We also compare these normative legal acts with the realities that are taking place in relation to Christians today.

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