scholarly journals Europeanization of the Administrative Law of Ukraine: peculiarities of modern tectonic of mechanisms of the influence

Author(s):  
Olesya Radyshevska

The article explores the contemporary forms, mechanisms and models of Europeanization of the administrative law of Ukraine in the light of it renewal as a branch of national law and legislation. It is noted that foreign scientists pay special attention to the classification of the influence of the provisions of European administrative law (in the widest sense) on the administrative law of European countries. The author analyzes the extensive classification of the phenomenon of Europeanization existing in European administrative and legal science. It is stated that Europeanization of administrative law as branch of legislation has mostly vertical, direct, obligatory, "hard", positive influence, since the boundaries of the system of sources of administrative law are being expanded, and it is the obligation of the subjects of administrative law to apply its rules already as part of national legislation. At the same time, the Europeanization of administrative law as a branch of law can have the characteristics of vertical, direct, mandatory, harmonizing Europeanization and also with horizontal influence which voluntary, indirect, selective nature, exercised by various actors ("legislative bodies" of European organizations, the parliaments of European countries, the practice of public administration and judicial institutions, experts from technical assistance projects), etc. It is concluded that the mechanisms of Europeanization from the EU legal field regarding EU Member States will differ from mechanisms towards Ukraine. However, the mechanisms of influence used by Council of Europe and OSCE among their member states in the area of administrative law are identical, since they imply the application of the rules of "soft" law, "soft" cooperation, socialization and "lessons learned". The aim of their subjects is to satisfy their legal expectations that dominate the European administrative space. These mechanisms usually are used in dialectical unity.

Author(s):  
T. Romanova ◽  
E. Pavlova

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.


1989 ◽  
Vol 10 (4) ◽  
pp. 170-174
Author(s):  
Gerald Reybrouck ◽  
Raf Mertens

In 1972 the Council of Europe, in which most of the Western European countries are represented, adopted a resolution aimed at the improvement of hospital hygiene and the promotion of the prevention of nosocomial infections. The member states were invited to take the required measures, but each country was free to implement the resolution according to its own needs and particularities. In Belgium, the first legal regulations were issued in 1974—every hospital was obliged to set up a committee for hospital hygiene.Although similar regulations were issued in most other member states. the actual infection control policies adopted can vary. This article highlights some of the particularities for Belgium.


2019 ◽  
Vol 64 (6) ◽  
pp. 5-15
Author(s):  
Iwona Markowicz ◽  
Paweł Baran

Official statistics on trade in goods between EU member states are collect-ed on country-level and then aggregated by Eurostat. Methodology of data collecting differs slightly between member states(e.g. various statistical thresholds and coverage), including differences in exchange rates as well as undeclared or late-declared transac-tions, errors in classification of goods and other mistakes. It often involves incomparability of mirror data (nominally concerning the same transactions recorded in statistics of both dispatcher and receiver countries). A huge part of these differences can be explained with the variable quality of data resources in the Eurostat database. In the study data quality on intra-EU trade in goods for 2017 was compared between Poland and neigh-bouring EU countries, i.e.:Germany, Czech Republic, Slovakia, Lithuania,and other Baltic states–Latvia and Estonia. The additional aim was to indicate the directions hav-ing the greatestinfluence on the observed differences in mirror data. The results of the study indicate that the declarations made in Estonia affect the poor quality of data on trade in goods between the countries mentioned above to the greatest extent.


Author(s):  
A.Zh. Seitkhamit ◽  
◽  
S.M. Nurdavletova

The European Union dynamically exercises various forms and methods of the Soft Power in its foreign policy. The article reviews its main principles and characteristics as well as conceptual basics. As an example, the article considers the European cultural diplomacy in the Republic of Kazakhstan as a method of soft power. The authors pay an attention specific actions of the European cultural diplomacy in Kazakhstan as well as the mechanisms of its implementation. Apart from that, cultural soft power of two European countries – France and Germany – are considered as separate actions of the EU member states in the sphere of culture. Finally, it assesses importance of Kazakhstan for the EU and effectiveness of such policy in this country.


2020 ◽  
Vol 20 (4) ◽  
pp. 85-92
Author(s):  
Gábor Kemény ◽  
Michal Vít

The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.


2016 ◽  
Vol 6 (3) ◽  
pp. 52-76
Author(s):  
Silvia-Maria Chireac ◽  
Anna Devis Arbona

[Full article is in English]English: Estimated at 12 million, the Roma population constitutes one of the largest and most disadvantaged ethnic minority groups in Europe and the most socially marginalized and stigmatized group in the European Union (Council of Europe, 2009, 2010). In recent years, following the two waves of EU expansion in 2004 and 2007, the problem of Roma integration into educational systems generated great attention among EU member states. The European Commission’s policy of promoting multilingualism and cultural diversity to foster European citizenship has led to promising results. However, the current economic crisis and lack of effective political integration within EU member states have promoted policies of protectionism. This article provides an analysis of the current situation of Roma children from Eastern Europe, highlighting the opportunities for improving instruction and protecting human rights for this highly vulnerable school-age population. We propose specific measures based on a bilingual and cross-culturally inclusive educational model.Spanish: Estimada en doce millones, la población romaní es uno de los grupos étnicos minoritarios más numeroso, desfavorecido, marginalizado y socialmente estigmatizado de la Unión Europea (Consejo de Europa, 2009, 2010). Después de las dos olas de ampliación de la UE en 2004 y 2007, el problema de la integración de los romaníes en los sistemas de educación generó gran atención entre los estados miembros. La política de la CE para promover el multilingüismo y la diversidad cultural a fin de fortalecer la ciudadanía europea ha llevado a resultados prometedores. Sin embargo, ante la crisis económica actual y la falta de una política efectiva de integración en la UE, predominan políticas de proteccionismo. Este artículo analiza la situación actual de los niños romaní en Europa del Este, subrayando las oportunidades para mejorar la instrucción y protección de los derechos humanos de esta sumamente vulnerable población en edad escolar. Proponemos medidas específi cas basadas en un modelo escolar bilingüe y transculturalmente inclusivo.French Estimée en 12 millions, la population rom constitue un des plus grands groupes ethniques défavorisés minoritaires en Europe et le groupe le plus marginalisé socialement et stigmatisé de l’Union Européenne (Council of Europe, 2009, 2010). Au cours des années récentes, suite à deux vagues d’expansion de l’EU en 2004 et 2007, le problème de l’intégration des Roms dans les systèmes éducatifs a provoqué une att ention soutenue dans les États membres de l’UE. La politique de la Commission Européenne en matière de promotion du multilinguisme et de la diversité culturelle destinée á favoriser la citoyenneté européenne a abouti à des résultats promett eurs. Cependant, la crise économique actuelle et l’absence d’une intégration politique réelle entre les États membres de l’UE ont favorisé des politiques protectionnistes. Cet article présente une analyse de la situation actuelle des enfants roms d’Europe de l’Est et met en lumière les opportunités d’améliorer l’instruction et de protéger les droits humains pour cett e population scolaire très vulnérable. Nous proposons des mesures spécifi ques fondées sur un modèle éducatif bilingue et ouvert à l’interculturel.


1959 ◽  
Vol 13 (1) ◽  
pp. 162-169 ◽  

The second part of the tenth session of the Consultative Assembly of the Council of Europe was held from October 10 to 17, 1958. The Assembly first discussed the supplementary report of the Committee of Ministers. M. Fatin Zorlu (Turkish Minister for Foreign Affairs and present Chairman of the Committee of Ministers), presenting the report, recalled that two of the Council's most important achievements during the period covered were the setting up of the Cultural Fund and the fulfilment of the requirements for the setting up of the European Court of Human Rights. He also reviewed several topics worthy of particular attention, such as strengthening the Assembly's relations with national parliaments, nuclear and thermonuclear tests, and the European Social Charter. Concerning the development of Africa, which was treated in the report, the Assembly adopted an order instructing its Economic Committee to present detailed proposals regarding an investment statute, a guarantee and financial assistance fund, and the expansion of technical assistance by the European countries.


Author(s):  
O. Potyomkina

The article is devoted to immigration problems in the European countries and to their solving options within the European Union. The Mediterranian EU member states keep calling for help insisting that they are unable to cope with the migration stream on their own. The EU countries' solidarity regarding the distribution of material and moral expenditures on the immigrants reception is problematized on meetings at different levels and calls especially sharp debates, particularly in connection with an entry of the Treaty of Lisbon into force and establishment of the new Stockholm Program for the Area of Freedom, Security and Justice by the Council of Europe.


2014 ◽  
Vol 43 (4) ◽  
pp. 745-772 ◽  
Author(s):  
VERONICA POLIN ◽  
MICHELE RAITANO

AbstractThe dynamics of income poverty in European countries have been extensively analysed using the ECHP dataset, run from 1994 to 2001 in the ‘old’ fifteen member states. Using EU-SILC longitudinal data, the purpose of this paper is to update this type of analysis to 2006 by including the ‘new’ EU member states and focusing on poverty mobility. The demographic and economic events associated with households falling into or exiting poverty are analysed through both descriptive analyses and logit regressions. The analysis compares six groups of countries clustered according to welfare regime typologies. The results reveal that most poverty transitions are associated with economic events, but the entry rates after the occurrence of demographic events are also crucial. With respect to poverty entry rates, differences among groups of countries are consistent with their welfare regime typologies, but a less clear ranking among them emerges when considering poverty exit rates and when regressions are estimated while controlling for household characteristics.


2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis

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.


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