scholarly journals The role of the international control and Rights-based approach to human rights in contractual relations among the EU and Ukraine

1970 ◽  
pp. 86-91
Author(s):  
Maksym Surzhynskyi
Keyword(s):  
Human Rights ◽  
The European Union ◽  
Mutual Respect ◽  
Association Agreement ◽  
Common Values ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Common ◽  
Domestic Policies ◽  
The Eu

The article is exploring issues related to the protection of fundamental freedoms and human rights as values on which the European Union (hereinafter referred to as the EU) is built. It is established that securing the values on which the EU is built is part of the rights-based approach as well as a prerequisite for the further development of EU interstate relations with other countries, including Ukraine. It is noted that the application of the rights-based approach means that the EU and the EU Member States will deepen cooperation only with those countries which profess respect for democratic principles, human rights and fundamental freedoms in their foreign and domestic policies. It is established that the rights-based approach encapsulates the principles and standards of human rights protection both as means and as a goal of cooperation for development. It is noted that by signing on March 21, 2014, the political part, and on June 27, 2014, the economic part of the Association Agreement between Ukraine and the European Union, the success of political association and economic integration with the EU will depend on progress in the implementation of this Agreement, as well as on achievements made by Ukraine in ensuring respect for the EU’s common values and their proper implementation. The preamble to the Agreement emphasizes importance of "respect for human rights and fundamental freedoms" among the list of its main values. In order to follow the provisions of the Association Agreement, Ukraine has declared mutual respect for the common values of the EU, in particular those related to the protection of human rights and fundamental freedoms, and has undertaken to integrate them properly in its foreign and domestic policies. The legal acts of Ukraine adopted for this purpose are analyzed. It is noted that despite the formal consolidation of human rights policy in Ukraine, its effective implementation in practice, in particular through consolidation of efforts with the EU, becomes particularly important. Key indicators taken into account by the EU in assessing Ukrainian progress in ensuring fundamental freedoms and human rights are analyzed as well. The overall conclusion is made that by signing the Association Agreement, Ukraine has declared mutual respect for the common values of the EU, in particular those related to the protection of human rights and fundamental freedoms, and pledged to integrate them properly in its foreign and domestic policies. However, without strong democratic traditions, a stable legal system and a real understanding of importance of these values for state building, human rights and fundamental freedoms may be secured properly when and only when not just individual laws but the entire political system of the state is formed around their observance.

The European Union's Common Foreign and Security Policy and Human Rights

1997 ◽  
Vol 15 (3) ◽  
pp. 291-324 ◽  
Author(s):  
Martine Fouwels
Keyword(s):  
European Union ◽  
Human Rights ◽  
Security Policy ◽  
The European Union ◽  
Human Rights Abuses ◽  
Eu Member States ◽  
Foreign And Security Policy ◽  
Protection Of Human Rights ◽  
The Common ◽  
The Eu

The dispute between the European Union (EU) Member States which broke out over the EU resolution on human rights abuses in China during the 1997 session of the Commission on Human Rights (CHR) in Geneva focused attention on the Common Foreign and Security Policy (CFSP). The present article offers a comprehensive review of the functioning of this institution in the field of the promotion and protection of human rights since the coming into force of the Treaty on European Union in November 1993. 1

Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum

10.12737/5251 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 68-74
Author(s):  
Габриэлла Белова ◽  
Gabriela Belova ◽  
Мария Хаджипетрова-Лачова ◽  
Maria Hadzhipetrova-Lachova
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Protective Mechanisms ◽  
Eu Member States ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Eu

The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.

scholarly journals Case Report on C-411/10, N.S. and C-493/10, M.E. and Others, 21 December 2011

2012 ◽  
Vol 14 (2) ◽  
pp. 223-238 ◽  
Author(s):  
Sophie Lieven
Keyword(s):  
Human Rights ◽  
Case Report ◽  
European Court Of Justice ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Common European Asylum System ◽  
Protection Of Human Rights ◽  
The Common ◽  
The Eu

Abstract The European Court of Justice clarified through this judgment the way in which the overloading of a Member States’ asylum system affects the EU arrangements for determining the Member State responsible for asylum applications lodged in the EU and thereby drastically reduced the possibility granted to Member States to transfer asylum applicants. The Member States now have an obligation to verify that no serious risk of violation of the Charter rights of the applicant exits in the receiving country before being allowed to transfer the person. The practical consequences of this ruling are still uncertain but further cooperation between Member States should be able to enhance the level of protection of human rights within the Common European Asylum System.

scholarly journals FREE ECONOMIC ZONES AND DEVELOPMENT OF BOSNIA AND HERZEGOVINA IN THE EUROINTEGRATION PROCESS

HERALD ◽  
2017 ◽  
Vol 8 (20) ◽  
Author(s):  
Goran Popović ◽  
Milimir Lojović ◽  
Ognjen Erić
Keyword(s):  
Bosnia And Herzegovina ◽  
Direct Investment ◽  
Technological Progress ◽  
Development Model ◽  
The European Union ◽  
Asian Countries ◽  
Association Agreement ◽  
The Common ◽  
Economic Zones ◽  
The Eu

Free zones are the way for increasing the production, export and employment. In some, globally significant economies, free zones are the factor of growth and technological progress. In Bosnia and Herzegovina, the field of free zones has appropriate legislation, but the economic results are still minor. In EU, free zones are important for economic development, especially in certain regions. The issue of free zones is being handled within the communitarian legislation, through customs' and other regulations. The regulations of the protection of competition are especially important because the privileges in zones are contrary to the rule of protection of competition in the common market. From Ruding's report and Primarolo group to the present, the Union is making efforts to harmonize these opposites. The EU has affirmed the development model of free zones opening. Bosnia and Herzegovina is at the stage of European integration, at which, in the mid-2015 Bosnia and Herzegovina came into the full implementation of the Stabilization and Association Agreement (SAA). It's appliaction will also change the circumstances in the opening of free zones and inflows of Foreign direct investment (FDI). It is realistic to expect that the EU will show low level of interest for investing into free zones in Bosnia and Herzegvina, while the interest of non-european countries, especially Asian countries, will be increased. Free zones in Bosnia and Herzegovina could become the bridge for better transfer of goods and technologies into the European Union.

EU values reflection in ECtHR case law

2021 ◽  
pp. 23-29
Author(s):  
Dmytro Boichuk ◽  
Kateryna Torhashova
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Practical Implementation ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

The article focuses on the importance of the European Union's values in the development of the legal system of the member states of the Convention for the Protection of Human Rights and Fundamental Freedoms, and for the functioning of the European Union, further integration processes and their reflection in the case law of the European Court of Human Rights. The ideological interpretation and practical implementation of these decisions are reflected.

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.

Demokratieabbau in Zeiten der Pandemie: zur Reaktion der EU auf die Fälle Ungarn und Polen

IG ◽  
2020 ◽  
Vol 43 (2) ◽  
pp. 154-160
Author(s):  
Manuel Müller
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
The European Union ◽  
Common Values ◽  
The Common ◽  
Democratic Principles ◽  
National Governments ◽  
The Eu

The COVID-19 pandemic is not only putting European financial solidarity to the test, but also the common values of the European Union (EU). In Hungary and Poland, the governments are using the situation to undermine democratic principles and expand their own position of power. The EU - once again - is struggling to give an adequate answer. While the European Parliament has clear words, but little options for action, most national governments show a reserved attitude. Similarly, the European Commission has expressed concern, but does not want to take any immediate countermeasures.

scholarly journals Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 32
Author(s):  
Riaan Eksteen
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Full Potential ◽  
Eu Law ◽  
The European Union ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
The Uk ◽  
The Eu

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU.

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