scholarly journals Corporate law in Ukraine within the framework of approaching the European Union standards

Author(s):  
Valentyna Vasylieva ◽  
Anatolii Kostruba

The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations. Special attention has been given to define the legal nature of the corporation. It is concluded that there is no established understanding of the above concepts in national legal science. The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected. The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law. The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.

Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.


Author(s):  
Luísa Oliveira ◽  
Helena Carvalho ◽  
Luísa Veloso

The article analyses precarious work among the young people in the 27 EU member states. It seeks to contribute to an understanding of the conditions relating to the integration of young people into the labour market in three decades (precisely, in 1988, 1998 and 2008), from a perspective that compares the countries. The information is derived from Eurostat sources; as its central indicator it takes the rate of temporary work and the interrelations between the young people’s qualification levels and the reasons cited for being in temporary work. A multivariate analysis was carried out: principal components analysis for categorical data (CatPCA). This allows us to present the differences between European Union countries, as well as the link between education and labour-market integration processes.


Author(s):  
Anna Rosa ◽  
Agnieszka Jakubowska

Social exclusion concerns all social and economic groups; however, it concerns chiefly the residents of rural areas rather than the residents of towns. The aim of this paper is to present the problem of social exclusion in rural areas in the European Union Countries. The authors in the study used the data available from Eurostat for EU Member States (NUTS-1). For the purpose of this research, a synthetic index was also prepared. The characteristics of social exclusion were based on objective factors, such as the scale of poverty, the level of unemployment and education. Analysis showed that the problem of social exclusion couldn’t be considered from the point of view of the countries of the “old” and the “new” Union. The analysis indicates that countries in Central and Eastern Europe, with a relatively well-educated population, are much more at risk of poverty than those living in Western Europe.


Author(s):  
Pavelas Ravluševičius

The primacy and supremacy clauses of European Union law (“EU law”) are to one of the most prevalent issues concerning the relationship between EU law and domestic law of the Republic of Lithuania. It seems that such issues were not definitely settled even when the Treaty of Lisbon amending the Treaty on European Union, which established the European Community. During that period, significant changes were made in EU Member States, regarding the domestic application of the principle of primacy and supremacy of EU law. Lithuanian law has undergone the development in this sphere too.The European Court of Justice (“ECJ”) has developed the meaning of the principle of primacy, which means that European Union law should take precedence over the national law (even over constitutional provisions) and, in case of conflicts between EU law and national law, every national court is obliged to apply the European Union law. The comparative analysis of the Lithuanian Constitutional Court case law shows counter development to the ECJ case law, which may cause the jurisdictional collision of setting aside EU law based on constitutional grounds.The paper includes some relevant examples of application of EU law arising from preliminary ruling procedure under Art. 267 of Treaty on the Functioning of the European Union in the praxis of the Lithuanian Constitutional Court and Lithuanian courts of general and special competences.


2020 ◽  
pp. 109-125
Author(s):  
Joanna Prystrom ◽  

Purpose – The main aim of this paper is to evaluate the innovation level in the European Union countries, but in a different way than it was adopted in the European Union reports (European Innovation Scoreboard, and earlier Innovation Union Scoreboard). Analyses were performed in relation to INPUTS-OUTPUTS. Research method – Two methods of multi-criteria analysis were used in the calculations. The first is the popular method known as Simple Additive Weighting. The second is the method known as Processing Technique of Ratings for Ranking of Alternatives, which was developed by the author of this article. Results – The obtained results of the innovation level were analyzed. Analysis concerned two periods: 2016 and 2011 and determined aggregate ratings, which characterized the innovation level of particular European Union countries. Four classes of the innovation level were defined: innovation leaders, good innovators, week innovators and innovation outsiders. Then, based on the calculated global ratings, European Union countries have been assigned to the appropriate classes. The results of this analysis were compared with the classification of the EU Member States in terms of the innovation level that IUS / EIS reports contain. Analyses in relation to INPUTS-OUTPUTS have also made it possible to assess the usefulness of indicators from the IUS / EIS reports to measure the innovation level in such a way. Originality /value / implications /recommendations – The analysis of the innovation level was carried out using two multi-criteria analysis methods.


Author(s):  
Agnieszka Jakubowska ◽  
Anna Rosa

The aim of the article is to assess the health inequalities in the European Union countries, analyzed in terms of “city-village” in the context of their impact on the potential of human capital. In the research problem, the authors used literature analysis and the data available from Eurostat for EU Member States (NUTS-1). For the purposes of this study, the authors identified the population of men and women in two age groups. The level of self-assessment of the health status of hybrids of EU rural and urban areas was analyzed. The results showed a significantly higher level of health inequality in the “city-country” relationship in the Central and Eastern European member states.


Author(s):  
Natalia Cuglesan

The accession of Romania and Bulgaria to the European Union (EU) is portrayed as one of the most challenging enlargement waves in the history of the EU Integration Process. A member of the EU since 2007, Romania had to overcome significant obstacles to qualify for EU membership. Not fully prepared for EU accession, Romania required post-accession monitoring through the Cooperation and Verification Mechanism in order to stimulate compliance in the fields of corruption, the judiciary, and the rule of law. The problems of the unfinished transition have impacted on its positive post-accession evolution in the first 10 years of EU membership. It has accomplished limited results in the field of democratic consolidation, combating high-level political corruption and experiencing episodes of democratic backsliding. Also, in this period, it has failed to materialize strategic opportunities; it proved unsuccessful in its efforts to join Schengen or in adopting the currency. Playing a more substantial role in EU policymaking proved to be another shortcoming of the Romanian political elite, stressing the incremental pace of Europeanization. Still, despite this pessimistic account, in many respects, Romania has not fallen behind. It had a general compliant behavior with EU legislation, in line with other EU member states; support for the EU has remained high throughout the decade, an indication of the benefits it has brought to broad categories of people. It is not surprising, as more than 3 million people work in an EU member state. Economic growth was another positive side of the first 10 years—despite the adverse effects of the economic crisis—with a substantial GDP growth rate. And not to be dismissed , a great benefit was the consolidation of civil society.


2019 ◽  
Vol 160 (10) ◽  
pp. 370-377
Author(s):  
Ernő Végh ◽  
Balázs Kiss ◽  
Csaba András Dézsi

Abstract: The European Union (EU) law harmonization expects from each EU country to apply the same principles and same standards of the medical evaluation of driving licenses. All EU member states have to apply common evaluations of the driving licenses – based on the EU Regulation 2016/1006 – at the latest from January of this year. Hungary launched this new regulation on the 12th of January 2018. The most important source document of the current national regulation is the expert consensus document “New Standards for Driving and Cardiovascular Diseases” published in 2013. This is the professional evaulation of the cardiovascular diseases which can influence driving, and its importance is highlighted because even the Hungarian law listed this document as a resource. In this summary, in accordance with the current law, we provide a practical guide for the day-to-day work of assessing the permission of driving licence in connection with the different kinds of cardiovascular diseases. Orv Hetil. 2019; 160(10): 370–377.


2015 ◽  
Vol 4 (2) ◽  
pp. 1-14 ◽  
Author(s):  
Marko D. Petrović ◽  
Gordana Radović ◽  
Aleksandra Terzić

The paper presents the status and potential development of agritourism in Serbia and in some countries of the European Union. The authors have analyzed the villages where the agritourism is the most developed, providing an overview of the number of registered agritourism units and the number of beds in four tourist clusters (91 municipalities) in Serbia. At the European Union level, the authors represented the LEADER program, which aims to connect rural economy and development activities in rural areas in the EU Member States. The paper also deals with the basic data and characteristics of agritourism development in countries where this type of tourism is highly developed (United Kingdom, France, Benelux states, Germany, Austria, Italy, Greece, Slovenia, Croatia, Romania and Hungary).


2020 ◽  
pp. 1-9
Author(s):  
Arnaud VAN WAEYENBERGE ◽  
Zachariah DAVIES

On 23 October 2019 the European Union enacted the Whistleblower Protection Directive. The directive introduces important common standards of protection for whistleblowers reporting on breaches of EU law and significantly increases the level of protection afforded to whistleblowers in many EU Member States. Many of the features of the directive go further than pre-existing national whistleblower protection regimes, particularly in relation to the categories of persons who may benefit from the protections under the directive and in terms of the flexibility of the prescribed reporting procedures. Nevertheless, the directive's effectiveness may be limited by certain grey-areas and missed opportunities in the final text of the instrument.


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