scholarly journals Mediation: european experience, ukrainian realities and prospects

Legal Ukraine ◽  
2019 ◽  
pp. 6-9
Author(s):  
Iryna Hermakivska
Keyword(s):  
Legal System ◽  
Corporate Law ◽  
European Countries ◽  
European Policy ◽  
Basic Principles ◽  
Member States ◽  
Eu Member States ◽  
European Experience ◽  
Legislative Regulation ◽  
The Eu

Тhe lack of consolidation and legislative regulation of mediation in the system of Ukrainian legislation is the reason for the narrowing of the spectrum of alternative ways of resolving disputes in comparison with the EU Member States. Taking into account the pro-European policy of Ukraine and relying on current legal realities, we aim to formulate the concept of introducing mediation into the legal system of Ukraine on the basis of research and use of European experience in this field as a basis. The article outlines the basic principles of mediation recognized by European countries and proposes the best ways to solve the problem of the lack of legislative consolidation of mediation as a subject of corporate law.

Statelessness in the EU Framework for International Protection

2012 ◽  
Vol 14 (3) ◽  
pp. 279-295 ◽  
Author(s):  
Gábor Gyulai
Keyword(s):  
Forced Migration ◽  
European Policy ◽  
Member States ◽  
International Protection ◽  
Eu Member States ◽  
Forced Migrants ◽  
The Eu ◽  
Dignified Life

Abstract Every year Europe faces the arrival of thousands of stateless migrants in search of a more dignified life. Most of them are in need of protection. In most EU member states, statelessness is predominantly a migratory phenomenon and often linked to forced migration. Yet, statelessness has to-date not been part of mainstream European policy discussions on international protection. Consequently, statelessness frequently remains a hidden phenomenon in the EU, making persons without a nationality invisible and living on the margins of society. This article examines the EU framework for international protection and the forms of protection stateless forced migrants can currently count on in the Union.

Responding through transposition: public Euroskepticism and European policy implementation

2016 ◽  
Vol 10 (1) ◽  
pp. 51-70 ◽  
Author(s):  
Christopher J. Williams
Keyword(s):  
Policy Implementation ◽  
Member State ◽  
Public Attitudes ◽  
State Governments ◽  
The European Union ◽  
European Policy ◽  
Member States ◽  
European Directives ◽  
Eu Member States ◽  
The Eu

Do public attitudes concerning the European Union affect the speed with which member states transpose European directives? It is posited in this article that member state governments do respond to public attitudes regarding the EU when transposing European directives. Specifically, it is hypothesized that member state governments slow transposition of directives when aggregate public Euroskepticism is greater. This expectation is tested using extended Cox proportional hazard modeling and data derived from the EU’s legislative archives, the official journals of EU member states, and the Eurobarometer survey series. It is found that member state governments do slow transposition in response to higher aggregate public Euroskepticism. These findings have important implications for the study of European policy implementation, as well as for our understanding of political responsiveness in the EU.

scholarly journals The cultural constituent of the European Soft Power in the Republic of Kazakhstan

2020 ◽  
Vol 132 (3) ◽  
pp. 103-113
Author(s):  
A.Zh. Seitkhamit ◽  
◽  
S.M. Nurdavletova
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Soft Power ◽  
Cultural Diplomacy ◽  
European Countries ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
The Republic ◽  
The Eu

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.

scholarly journals Towards an Integration of The Legal Norms of the WTO and the EU

2021 ◽  
pp. 95-117
Author(s):  
Małgorzata Wróblewska
Keyword(s):  
Legal Regulations ◽  
Basic Principles ◽  
Member States ◽  
Legal Norms ◽  
Human Rights Protection ◽  
Eu Member States ◽  
Rights Protection ◽  
The Relationship ◽  
Different Levels ◽  
The Eu

The WTO, which is composed of 164 Member States at different levels of development, currently plays an increasingly important role as a legal regulator on the global level. Simultaneously, the EU (which currently consists of 27 Member States) has introduced law at the regional level. Although these two organizations do have similarities, they also differ significantly from each other and in practice function in isolation. The WTO is an entity /with its own legal norms, whose aim is to support trade liberalization. On the other hand, the EU is notable for guaranteeing peace, promoting shared values and generating wealth for all EU citizens by means of its own norms. As the EU and its Member States are a State Party of the WTO, the legal regulations of the WTO are included in EU sources of law and are binding for all EU Member States. Thus, the relationship between the WTO and the EU is closely related. This contribution deals with the theoretical comparison between the EU and the WTO in the context of axiology, basic principles and human rights protection aspects. I am of the opinion that it is not justified to look at these organizations in a completely separate way but to identify their common features. The main aim of the contribution is to confirm the hypothesis whether the process of integrating their legal regulations is possible. To consider this issue the Author has divided this paper into three parts: an introduction, a study of the WTO, a study of the EU and a conclusion. The following research methods have been used: legal comparison, analytical and descriptive.

Nationales Verfassungsrecht in der Europäischen Union

2021 ◽  
Author(s):  
Claus Dieter Classen
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
The European Union ◽  
Basic Principles ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Head Of State ◽  
State Functions ◽  
The Eu

The book presents the constitutional systems of the 27 EU member states in an integrated form. Basic principles such as democracy and the rule of law, constitutionalismincluding constitutional jurisdiction, state organs (parliament, government, head of state) and state functions (legislation, administration, jurisdiction, foreign policy) are dealt with. Thus, common European basic principles are elaborated, but above all, the different manifestations of many constitutional principles are clarified. The book is aimed at all those who wish to inform themselves in a clear form about the constitutional systems of the EU member states on which the European Union is based.

scholarly journals European law, national law and (un)certainty of law

2020 ◽  
Vol 2 (2) ◽  
pp. 155-177
Author(s):  
Gian Benacchio
Keyword(s):  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Binding Effect ◽  
Eu Member States ◽  
National Courts ◽  
Fundamental Values ◽  
Radical Shift ◽  
The Eu

One of the fundamental values of any legal system is the principle of certainty of law, whose highest expression is its encoding in the various bodies of law. However, today this value is strongly, albeit inadvertently, called into question by the European Union - in particular, by a set of principles, and related mechanisms, designed to ensure uniformity of law across the EU Member States. These include the principle of primacy of EU law over the laws of its Member States, the principle of the disapplication of national laws that are incompatible with EU law (including the provisions of directives that have not yet been implemented, or that have implemented in a manner deemed incorrect), the principle of interpretation of national law in conformity with EU law and, above all, the conclusive and binding effect of the judgments of the EU Court of Justice even when they provide a 'unique' or unusual interpretation, not expressly provided for in EU law. These principles are now well-established benchmarks in supreme and national courts as well, to the extent that there has been a radical shift in the system and hierarchy of sources of law in each legal system of the EU Member States, at the expense of citizens, businesspeople and legal practitioners, who all find it hard to identify the exact rule to apply to specific cases.

scholarly journals Changes in living conditions and their links to alcohol consumption and drinking patterns in 16 European countries, 1950 to 2000

2001 ◽  
Vol 18 (1_suppl) ◽  
pp. 82-99 ◽  
Author(s):  
Thomas Karlsson ◽  
Jussi Simpura
Keyword(s):  
World War Ii ◽  
Alcohol Consumption ◽  
Service Sector ◽  
Living Conditions ◽  
European Countries ◽  
Drinking Patterns ◽  
Member States ◽  
Eu Member States ◽  
Drinking Habits ◽  
The Eu

Thomas Karlsson & Jussi Simpura: Changes in living conditions and their links to alcohol consumption and drinking patterns in 16 European countries, 1950 to 2000 The aim of this article, as part of the drinking pattern analysis of the ECAS project, is to examine how changes in living conditions have affected the formation and dynamics of European drinking habits in 1950–2000. The development of living conditions in post-World War II Europe shows that the same trends have emerged in all the current EU member states. Some of the most important changes we recognize include increasing urbanization and the emergence of the service sector. While we can distinguish similar patterns in the development of living conditions in the EU member states, this is not the case in the development of alcohol consumption. Overall alcohol consumption in the wine countries has been decreasing, while the consumption levels have been on the rise in the beer and former spirits countries. The changes in living conditions – which we can see as a part of the modernization process – have produced almost opposite results in different countries and at different times. This also applies to the development of drinking habits and alcohol consumption in the EU member states during the latter part of the 20th century.

scholarly journals Agriculture of central and eastern European countries in the European Union

2006 ◽  
Vol 53 (4) ◽  
pp. 457-470
Author(s):  
Srdjan Redzepagic
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
European Countries ◽  
Eastern European ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eastern European Countries ◽  
The Eu

Agriculture posed considerable tensions for the processes of enlargement of the European Union, because of its continuing importance both in the economies of the applicant countries of Central and Eastern European countries which have joined EU on the 1st may 2004., and in the EU budget and acquits communautaire. The preparation of agriculture in the candidate countries to join the EU was rendered more complex by the fact that the Community's Common Agricultural Policy was a moving target. The aim of this paper is to show the bases elements of the Common Agricultural Policy, but also to provide a survey of recent developments relating to agriculture in the EU and new member states of the EU before their accession to EU and their preparation to access on the enlarged market, in order to indicate the main challenges and difficulties posed by enlargement. It seems likely that agricultural policy in the enlarged EU will attach increased priority to objectives such as rural development and the environment. However, these new priorities may be expensive to realize, and may impose a growing burden on the national budgets of EU member states.

France’s hard line on Brexit could soften

2018 ◽  
Keyword(s):  
United Kingdom ◽  
Task Force ◽  
European Countries ◽  
Member States ◽  
Content Type ◽  
Maritime Economy ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Eu

Significance France has been one of the first European countries to prepare effectively for Brexit, setting up a task force in July 2016. It has since adopted a consistently hard line, helping solidify the EU position. Impacts France will push for a hard line on EU passporting rights for UK-based banks. In case of a ‘no deal’ Brexit, French regions will seek agreements on the maritime economy with the United Kingdom. France's hard line could irritate EU member states that are more willing to compromise to secure closer post-Brexit EU-UK ties.

Part VI Other Procedures Related to the Application of the Antitrust Rules, 16 Infringements of the Antitrust Rules by the EU Member States

2020 ◽  
Author(s):  
Mamdaniová Eliška
Keyword(s):  
Member State ◽  
Legal System ◽  
State Aid ◽  
Member States ◽  
Eu Member States ◽  
State Behaviour ◽  
State Aid Control ◽  
Specific Obligation ◽  
The Eu

This chapter looks at the procedure for the enforcement of antitrust rules in case of infringements by Member States. The ability of Member States to distort competition has been accordingly reflected in the EU legal system. Member States are subject to a specific obligation to respect the provisions of the Treaty under Article 106 TFEU; they are obliged to adhere to the principle of sincere cooperation as reflected in Article 4(3) TEU; and any support to companies they wish to grant is subject to state aid control. Furthermore, the general infringement procedure pursuant to Article 258 TFEU can be used to hold a Member State liable for any breach of the Treaty rules. The chapter deals with procedural rules relating to the former two forms of state behaviour captured by Article 106 TFEU and Article 4(3) TFEU—in conjunction with Articles 101 or 102 TFEU.

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