The issues of identification and the ways to support the development of mountain areas in Ukraine

2020 ◽  
pp. 23-34
Author(s):  
Petro Zhuk
Keyword(s):  
Development Strategy ◽  
External Support ◽  
Mountain Areas ◽  
Member States ◽  
Eu Member States ◽  
Regional Development Strategy ◽  
The Status ◽  
Domestic Practice ◽  
The Government ◽  
The Eu

The issues of delineating the mountain areas as an object of support of socio-economic development are examined. The 2021-2027 State Regional Development Strategy adopted by the Government of Ukraine stipulates the transition to a territory-oriented development policy. The Strategy provides the types of territories that require special attention on part of the state and the application of specific mechanisms and tools to stimulate their development. Mountain areas are indicated among such territories, which requires substantiation and institutionalization of the concept of mountain areas. The paper compares the domestic practice and relevant European approaches to delineation and granting the status of mountain areas to some territories. The features of the methodology of territorial typology in the delineation of mountain areas used in the EU Member States are outlined. In particular, the categories of mountain areas, the methods and criteria for their identification based on digital analysis of topographic data on the relief are indicated. The mechanisms of external support of sustainable development and improvement of the economic competitiveness of mountain areas in the EU Member States are determined. The features of domestic practice in supporting mountain areas focused on mountain settlements are outlined, and the interpretation of mountain areas in strategic documents and legislation of Ukraine is analyzed. The conclusions regarding the need to improve the mechanisms of state support of mountain areas in Ukraine and approaches and criteria to their identification are made. The difficulties of application in Ukraine of the methodology used in the EU due to the lack of necessary mapping-digital framework are emphasized. The option of not abandoning the domestic practice of considering the settlements as mountain ones is suggested. Yet, the category of mountain areas should include the territories of administrative-territorial units of the basic level where half and over half settlements have the mountain status.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

scholarly journals THE CONCEPT OF “THIRD SAFE COUNTRY” IN THE EUROPEAN UNION LAW

2018 ◽  
pp. 90-98
Author(s):  
N. Mushak
Keyword(s):  
European Union ◽  
Geneva Convention ◽  
The European Union ◽  
Refugee Status ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Political Group ◽  
The Status ◽  
The Eu

The article investigates the concept of "safe third country" in the law of the European Union. The article analyzes a number of international legal instruments that define the content of the concept of "safe third country". The research provides the definition of "safe third country". In particular, the safe third country should be determined as the country whose territory a person is crossing through the territory of the state where such person is seeking for the asylum, with the ability of that person to apply for asylum and use proper and relevant procedures. In fact, the concept of "safe third country" is applied by the EU Member States only when it is safe to guarantee that foreigners will be able to use the fair asylum procedures on the territory through they passed, and such persons shall be provided the effective protection of their rights. The article also determines the cases of the concept application by the EU Member States. In particular, the competent authorities of the EU Member States are confident that the third country the following aspects should be guaranted: the life and liberty of the applicant are not at risk due to race, religion, nationality, membership to a particular social or political group; the principle of prohibition of expulsion under the Geneva Convention on the Status of Refugees, 1951 shall be observed; the principle of prohibition of expulsion in case of violation of the right to be subjected to torture, cruel, inhuman or degrading treatment envisaged by international law is been respected; there is the possibility to apply for a refugee status and to receive protection under the Geneva Convention on the Status of Refugees 1951.

scholarly journals Status obywatela UE a Europejski Program w zakresie Migracji

2021 ◽  
Vol 47 (22 (180)) ◽  
pp. 163-182
Author(s):  
Katarzyna Strąk
Keyword(s):  
The European Union ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
Research Material ◽  
Legal Situation ◽  
The Status ◽  
The Subject ◽  
The Impact ◽  
The Eu

Przedmiotem tego artykułu jest próba oceny wpływu Europejskiego programu w zakresie migracji z 2015 r. na status obywatela UE. Ocena ta została zrealizowana w kontekście swobody przemieszczania się na podstawie art. 21 TFUE w dwóch obszarach. Pierwszym z nich jest tymczasowe wprowadzenie kontroli na granicach wewnętrznych państw członkowskich UE, drugim – środki przyjmowane przez państwa członkowskie, związane z utrzymaniem porządku publicznego i bezpieczeństwa publicznego, w tym ochroną przed zagrożeniem terrorystycznym. Materiał badawczy jest jednak stosunkowo nieliczny, ogranicza się do wybranych przepisów Kodeksu Granicznego Schengen i wybranych spraw przed Trybunałem Sprawiedliwości UE, w dalszym ciągu w większości przypadków jeszcze nierozstrzygniętych. Mimo to z analizy tej wynika konkretny wniosek. Przepisy unijne, nawet jeśli faktycznie ograniczają sytuację prawną obywateli unijnych, wpisują się w zakres ograniczeń dopuszczalnych. Rzeczywisty wpływ na ograniczenie praw wynikających z posiadania statusu obywatela UE mają przepisy państw członkowskich. Status of Citizen of the European Union and European Agenda on Migration The subject of this article is to attempt to assess the impact of the 2015 European Agenda on Migration on the status of an EU citizen. This assessment was carried out in the context of freedom of movement under Article 21 TFEU, within two areas. The first one is the temporary introduction of controls at the internal borders of EU Member States, the second one are measures adopted by Member States and related to the maintenance of public order and public security, including protection against the terrorist threat. The research material is however relatively sparse, limited to selected provisions of the Schengen Borders Code and selected cases before the Court of Justice of the EU, still mostly pending. Nonetheless, one conclusion that emerges from this analysis is that EU rules, even if they actually restrict the legal situation of EU citizens, fall within the scope of acceptable restrictions. The real impact on the limitation of the rights attached to the status of EU citizen is in the Member States’ legislation.

A Blurred Piece of Jigsaw: On the Status of Jobseekers within the Framework of Directive 2004/38

2020 ◽  
Vol 22 (4) ◽  
pp. 571-596
Author(s):  
Rufat Babayev
Keyword(s):  
Systematic Approach ◽  
Free Movement ◽  
Member States ◽  
Legislative Change ◽  
Eu Member States ◽  
National Implementation ◽  
The Status ◽  
The Right ◽  
The Eu

Abstract This article explores the status of jobseeker in Directive 2004/38 that is aimed to simplify and strengthen the right of free movement and residence of all Union citizens. Unlike the categories of economically active and inactive persons, Directive 2004/38 employs a somewhat piecemeal approach towards setting out the status of jobseekers. It is submitted that this leads to much uncertainty over their residence rights and raises the prospect of divergent national implementation measures, leaving much leeway for the adoption of stringent approaches. While this is manifested itself, for instance, in the UK’s policy towards Union jobseekers, it is also particularly salient within the framework of the EU-UK Withdrawal Agreement that authorises a constitutive approach to post-Brexit residence status, which is shown to carry a greater risk for UK nationals residing in EU Member States. Both instances are argued to further substantiate the need for a more systematic approach towards the outline of the status of jobseeker in Directive 2004/38, though the introduction of any legislative change may not currently be politically viable.

II. Fourteen Against One: The Eu Member States' Response To Freedom Party Participation In The Austrian Government

2000 ◽  
Vol 49 (4) ◽  
pp. 953-963 ◽  
Author(s):  
Matthew Happold
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Democratic Governance ◽  
Diplomatic Relations ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
The Eu

The participation of the Freedom Party in the Austrian government has given rise to exceptional reactions both in Austria and internationally. The imposition of a freeze in bilateral diplomatic relations by Austria's European Union partners has been particularly notable, amounting to an unprecedented response to the election of a new government in another Member State. This note seeks to describe the development of events and assess the status of the 14 Member States' actions under international law, in particular in the light of any developing norms concerning non-intervention, respect for human rights and the right to democratic governance.

scholarly journals EVALUATION OF UKRAINE’S INTEGRATION PROCESSES IN THE GLOBALIZED ECONOMIC SYSTEM OF THE EU

2021 ◽  
Vol 20 (Issue Vol 20, No 3 (2021)) ◽  
pp. 440-455
Author(s):  
Igor MANTSUROV ◽  
Yana KHRAPUNOVA ◽  
Vladyslav MAKHONIN
Keyword(s):  
Economic System ◽  
Development Strategy ◽  
Financial Burden ◽  
Scientific Concept ◽  
Member States ◽  
Eu Member States ◽  
National Economic ◽  
The Impact ◽  
Negative Factors ◽  
The Eu

The article, in a sense, summarizes the authors’ developments for evaluating the qualitative and quantitative characteristics of Ukraine’s integration into the European community. Summing up these long-term studies, the article aims to generalize scientific approaches to determining the essence and forms of manifestation of the internationalization and integration of Ukraine into the globalized Euro-Atlantic economic system. The need to identify promising vectors for improving the economic development strategy of Ukraine in the light of the prospects for its integration into the globalized economic system of European countries determines the relevance of the study conducted by the authors. According to the results of the study, the following important conceptual conclusion has been made: Ukraine-EU relations have been characterized by dynamic development since the country gained independence, while a number of signed agreements indicate a significant interest of both parties in cooperation. At the same time, in the process of rapprochement between Ukraine and the EU, the impact of negative factors of European integration has also manifested. The latter, in particular, include: inability to bear the financial burden of contributions to the EU; increased competition from firms of the EU member states in the liberalization process, as well as increased openness of the national economy. Based on the results of the analysis, a scientific concept is presented depicting the integration paradigm of the present, designed to stimulate the creation and implementation of public policy measures aimed at further combining the national economic system of Ukraine with the globalized economy of the EU member states.

scholarly journals Agri-Environmental Issues in the National Sustainable Development Strategy of the Member States of the Enlarged EU

2005 ◽  
pp. 346-353
Author(s):  
Andrea Gáthy
Keyword(s):  
Sustainable Development ◽  
Development Strategy ◽  
Raw Materials ◽  
Environmental Issues ◽  
Point Of View ◽  
Member States ◽  
Eu Member States ◽  
Accession Countries ◽  
Almost All ◽  
The Eu

In preparation for the World Summit on Sustainable Development (Johannesburg), almost all EU member-states and some accession countries presented their national strategies for sustainable development (NSSD) during the summer of 2002. Along with other countries, Hungary is only now setting up this important document. Everywhere during the last decade, as in the EU countries, the intention was to involve the environmental problems into other political questions (agricultural, energy and transport policy, etc.). Today the strategy-builders have given up the sectoral view because of difficulties and setbacks, and use a view aiming the problem.Agri-environmental issues appear as the elements of sustainability in the national strategies. For example, in accordance with the danger of global warming, the emission of green-house gasses of agriculture; in line with eco-efficiency, the production of renewable raw materials and energy sources originating from agriculture, and, in relation to changing lifestyle, food-safety and the future of biological agriculture will be disputed. With this study, I investigate the main characteristics of sustainable development strategies at both the EU level and at the level of the different member states from an agri-environmental point of view.

Nowa odsłona konfliktu wokół członkostwa Fidesz w EPL w kontekście epidemii koronawirusa

2021 ◽  
Vol 3(164) ◽  
pp. 167-198
Author(s):  
Przemysław Żurawski vel Grajewski
Keyword(s):  
Current Model ◽  
Balance Of Power ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
Low Probability ◽  
Political Scene ◽  
The Eu

The article deals with the latest turn in the conflict over the status of Fidesz in the Christian political family in the European Union (EPP). It includes a presentation of the political scene of the European Parliament after the 2019 elections and Brexit and the play of interests between the factions operating on it, the national parties within them and the EU Member States. The EU political scene has been divided into the camp of continuation of the current model of European integration, the camp of reform – contesting the direction of integration but not the integration itself, and the camp of destruction, wanting the disintegration of the EU. The effects of a possible exit of Fidesz from the EPP were analysed in terms of their impact on the balance of power between the above-mentioned camps, between political families and their factions in the EP, as well as in terms of the interests of national parties and EU Member States. The conclusion is a forecast of a low probability of Fidesz’s removal from the EPP by the end of 2020.

scholarly journals Migration and mobility of third-country national labour workers to and inside Europe during the Covid-19 pandemic – a legal analysis

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Adolfo Sommarribas ◽  
Birte Nienaber
Keyword(s):  
European Union ◽  
Legal Analysis ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Rapid Spread ◽  
The Status ◽  
The Eu ◽  
Third Country Nationals

AbstractThe Covid-19 pandemic took most EU Member States of the European Union by surprise, as they underestimated the rapid spread of the contagion across the continent. The response of the EU Member States was asymmetrical, individualistic and significantly slow. The first measures taken were to close down the internal borders. The response of the European Union was even slower, and it was not until 17th March 2020 that the external borders were closed. These actions affected legal migration into the European Union from four perspectives: it affected 1) the mobility of those third-country nationals who were on a temporary stay in the EU Member States; 2) the entry of third-country nationals to do seasonal work; 3) legal migrants entering and staying; and 4) the status of the third-country nationals already residing in the EU Member States, especially those experiencing a loss of income. This article will deal with the measures taken by the EU Member States to manage the immigration services, as a case study how Luxembourg dealt to avoid that temporary staying migrants and regular migrants fall into irregularity. Finally, we will focus on the vulnerability of third-country nationals with the rising risk of unemployment and the risk of being returned to their country of origin. The article will also analyse access to healthcare and unemployment benefits.

scholarly journals ASSESSMENT OF THE EUROPEAN UNION STRUCTURAL ASSISTANCE AUDIT MODEL

Ekonomika ◽  
2011 ◽  
Vol 90 (3) ◽  
pp. 93-103
Author(s):  
Vaclovas Lakis ◽  
Živilė Simonaitytė
Keyword(s):  
European Union ◽  
Critical Assessment ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Auditing Standards ◽  
The Status ◽  
The Eu

The paper covers an analysis and critical assessment of the procedure of selecting the audit model for the European Union structural assistance and elaborates on applicable models. It reviews the authorities of the EU Member States tasked with the performance of the auditing function. The article provides an assessment of the status of the supreme audit institution which acts as a body auditing structural assistance. The conclusion is drawn that in cases when the provisions of different auditing standards differ, regulations of the European Union should specify the particular requirements applicable to the audit.

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