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.

scholarly journals The role of the European ombudsman in protecting the rights of EU citizens and ensuring the good governance of the institutional mechanism of the European Union

2020 ◽  
pp. 38-45
Author(s):  
Ivanna Maryniv
Keyword(s):  
European Union ◽  
Soft Power ◽  
Legal Status ◽  
Good Governance ◽  
European Parliament ◽  
Main Body ◽  
The European Union ◽  
Institutional Mechanism ◽  
The Eu

Formulation of the problem. During the existence of the institution of the European Union Ombudsman, the level of trust of EU citizens in this body as an effective means of protecting the rights and freedoms of individuals and legal entities has significantly increased. This is evidenced by the fact that there is a significant annual increase in the number of cases submitted to the EU Ombudsman, as well as the importance of the issues in which he participates. Today, the EU faces new challenges due to the globalization policies pursued by most EU member states, labor migration and other global processes. 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 protecting the rights of individuals and monitoring the activities of the authorities is very relevant. At present, it is necessary to reform this body, giving it a wider range of powers that would allow it to perform its tasks more effectively. The purpose of this article is to study the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of the institutional mechanism, as well as the analysis of amendments to the Statute of the EU Ombudsman to increase his powers. Article’s main body. The article is devoted to the study of the history of the establishment of the Ombudsman institution with the definition of its legal status. The amendments to the Statute of the EU Ombudsman are analyzed to increase the scope of his powers, as for more than 20 years of activity, this body, without a real possibility to adopt binding acts, exercises “soft power” based on the idea of openness to eliminate violations. In this regard, possible changes to the Statute of the Ombudsman have been explored, which can range from minimal (eg informing the committee responsible instead of submitting a special report to the European Parliament) to more significant ones (including interference in cases involving considered by the Court of Justice). Considerable attention is paid to the practice of the European Ombudsman in ensuring the proper management of the institutional mechanism on the basis of the annual report. Conclusions. There is a problem of insufficient powers of the European Ombudsman, and therefore, this body is still under development, as evidenced by the adopted European Parliament resolution on amendments related to the growth of the legal status of the EU Ombudsman, in terms of the possibility of adopting mandatory decisions on access to information by EU citizens, as well as the EU Ombudsman’s direct ability to intervene in cases before the General Court.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

The Polluter Pays Principle in EU Climate Law: an Effective Tool before the Courts?

Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 1-27
Author(s):  
Suzanne Kingston
Keyword(s):  
European Union ◽  
Legal Status ◽  
Potential Role ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Polluter Pays Principle ◽  
Energy Law ◽  
The Eu

In EU law the polluter pays principle (ppp) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (tfeu) enshrines it among the fundamental principles of the EU’s environmental policy. This article considers the legal status and development of the ppp in EU law, in the case law of the Court of Justice of the European Union (cjeu) and in EU policy, most recently in the EU’s Green New Deal. It goes on to identify three bodies of climate-related litigation where the ppp has been most influential to date: first, cases concerning the EU ets and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the ppp in other areas, including climate cases based on human and environmental rights, and climate cases brought against private parties.

Ukraine’s compliance with the Copenhagen criteria for accession to the European Union

2021 ◽  
pp. 34-41
Author(s):  
Olesya Trahniuk ◽  
Maksym Vytvytsky ◽  
Konstantin Shpak
Keyword(s):  
European Union ◽  
Member State ◽  
European Integration ◽  
Positive Impact ◽  
Main Body ◽  
The European Union ◽  
Political Movement ◽  
Association Agreement ◽  
Daily Work ◽  
The Eu

Problem setting. Since gaining independence, Ukraine has been steadily moving towards integration into European and Euro-Atlantic structures. However, the process of acquiring membership of our state in the European Union is quite long and involves a number of criteria, in particular, in addition to the general ones specified in Art. 49 of the Treaty on European Union of 1993, and additional Copenhagen criteria to be met by the applicant state. European integration processes have a positive impact on the development of Ukraine as a democratic, social, legal state, strengthen its position in the international arena, contribute to economic reforms. Which, in turn, should be demonstrated in practice by bringing Ukraine closer to the requirements set by the EU for states that have expressed a desire to join the union. Recent research on the topic. Various aspects of the issue of European integration were developed primarily by European lawyers and political scientists, among whom the works of K. Baimi, A. Bogdandi, J. Buchanan, M. Burgess, W. Della Sala, A. Dashwood, G. De Burke are of special interest. J. Zimmerman, L. Cartou, N. Catalano, P. King, P. Craig, D. Lassok, S. Leikoff, W. Ostrom, D. Sidzhansky, R. Watts and many other authors. The list of scientific researches is not limited to the works of Western authors, as the integration process is quite dynamic, and therefore scientists are no less interested in the scientific developments of their colleagues from countries seeking to gain EU membership, including Ukrainian lawyers, including I. Bratsuk, O. Golovko-Gavrisheva, V. Kopiyka, T. Komarova, K. Smirnova, L. Luts, M. Mikievich, Z. Makarukha, V. Muravyov, V. Poselsky, R. Petrov, O. Tragnyuk, I. Yakovyuk and others. The purpose of this research is to analyze the current state of the legislative, legal and economic base of Ukraine for compliance with the Copenhagen criteria for accession to the European Union. Article’s main body. The article is devoted to the issue of Ukraine's compliance with each of the Copenhagen criteria. First of all, the authors note that the main purpose of the Copenhagen criteria is to select the most "worthy" applicants for membership in the Union. And compliance with these criteria must indicate the ability of the state to perform the duties of a member state of the Union. In addition, specific examples are given of the requirements that Ukraine has met as of 2021 and that it must meet in the near future. It indicates in which direction Ukraine should move in order to acquire the full status of a member state of the European Union. In conclusion, the opinions of scientists on the prospects of Ukraine's further accession to the European Union are presented. Conclusions and prospects for development. The research shows that Ukraine does not yet fully meet the Copenhagen criteria for accession to the EU, as for a number of objective and subjective reasons there is a lack of stable economic development and a well-established understanding of the direction of the political movement. Despite significant advances, national legislation also needs to be improved. After the entry into force of the Association Agreement between Ukraine and the EU, the development of integration processes has significantly intensified. The implementation of the planned reforms is undoubtedly able to bring our country's accession to the EU closer, which should add optimism and encourage daily work in this direction.

Labour Rights as Human Rights: Implications for Employers’ Free Movement in an Enlarged European Union

2007 ◽  
Vol 9 ◽  
pp. 357-386 ◽  
Author(s):  
Tonia Novitz
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
Free Movement ◽  
The European Union ◽  
Labour Rights ◽  
European Court ◽  
The Right ◽  
Ec Law ◽  
The Eu

This chapter considers the legal status of labour rights as human rights within the European Union (EU) and the implications that this may have for free movement provisions under European Community (EC) law. This is not by any means a new subject for analysis and reflection, but has been of particular concern since the fifth enlargement of the EU which commenced in 2004. It is in this context that we have witnessed significant litigation before the European Court of Justice concerning the scope of the right to strike, and widespread protest concerning the adoption of a new Directive on Services in the Internal Market.

Legal policy of Ukraine in the conditions of integration into the European Union

2021 ◽  
pp. 74-82
Author(s):  
Marina Haustova
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal System ◽  
Main Body ◽  
The European Union ◽  
Legal Doctrine ◽  
Association Agreement ◽  
Legal Policy ◽  
The Status ◽  
The Eu

Problem setting. The article analyzes that in the XXI century. the category of “legal policy” is being actively formed, which reflects a multifaceted reality: ways of legal development of society, modernization of the country’s legal system, processes of law optimization. It is emphasized that this category and its priorities and goals began to be developed in a new format after the independence of Ukraine and the gradual definition of the main vector of its development – integration into the European community. The idea of European integration is a conscious and natural strategic choice of Ukrainian society, confirmed by many trials. In this situation, the state leadership must continue to shape its own legal policy as an important component of public policy, a means of consolidating and ensuring the political course of the country, sanctioned by the will of the people, reflected in the activities of government. Analysis of recent researches and publications. Theoretical developments of the principles of legal policy were initiated in the scientific works of domestic and foreign lawyers of the late 19th – early 20th century: B. Kistyakovsky, M. Korkunov, S. Muromtsev, L. Petrazhitsky, G. Shershenevich etc., who considered this policy as an applied science designed to promote the development of better law. Among the scientific areas of legal science of the XXI century. The problem of legal policy occupies one of the leading places, which is justified, as with the help of legal policy many different problems are solved. This phenomenon was actively analyzed by such researchers as V. A. Rudkovsky and A.P. Korobova, I. O. Kresina, A. V. Malko, I. V. Yakovyuk and others. Target of research. The purpose of the article is a comprehensive study of the concept of legal policy and analysis of the content and terminology. Article’s main body. The article analyzes the concept of modern legal policy of Ukraine, its priority goals and objectives in the context of the adopted Association Agreement and, accordingly, the commitments accepted. Relevant Strategies, state bodies, scientific institutions have been identified, which are obliged to carry out a certain amount of actions for the further integration of Ukraine into the European Union within the limits of their powers. The ways of further improvement and modernization of the Ukrainian legal system are analyzed. Conclusions and prospects for the development. The strategy of Ukraine’s integration into the EU should ensure the country’s entry into the European political, legal, economic, informational, and security space. On this basis, obtaining the status of full membership in the EU in the medium term should become the main foreign policy priority of the strategy of formation and implementation of legal policy of Ukraine in today’s challenges, which will be the subject of further research. Practically determined task of the national legal doctrine is to develop scientific proposals for further development of the legislative framework of Ukraine’s European integration and modernization of the national legal system in accordance with progressive requirements and EU standards, while preserving the national identity of the domestic legal system.

scholarly journals (RETRACTED ARTICLE) Human Rights promotion in Serbia: a difficult task for the European Union

2011 ◽  
Vol 54 (1) ◽  
pp. 142-158 ◽  
Author(s):  
Teresa Maria Cierco
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Western Balkans ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Retracted Article ◽  
Human Rights Standards ◽  
The Eu

This article explores the role of the European Union in the human rights protection, implementation and promotion in Serbia. It is clear that the EU demands on democratisation in the region of Western Balkans are crucial to achieve the respect for human rights. The human rights standards as part of the conditionality criteria of the EU is a clear message towards the countries aspiring membership. However, Serbia progress in the field has been difficult due to several internal constraints. This paper aims to uncover the democratisation process of Serbia on its path towards the EU, and its progress (or not) regarding human rights protection and implementation.

scholarly journals EU as a human rights actor?

2018 ◽  
Vol 2 (2) ◽  
pp. 91-105
Author(s):  
Lucia Mokrá ◽  
Kristína Janková
Keyword(s):  
European Union ◽  
Human Rights ◽  
Foreign Policy ◽  
Fundamental Principle ◽  
Political Agenda ◽  
The European Union ◽  
European Union Law ◽  
External Relations ◽  
The Eu

The human rights are fundamental principle of the European Union law, which should be observed in adoption of legislative rules as well as in implementation practice. The EU had been initially founded as the economic cooperation project and an ambition to establish cooperation between its member states also in political agenda became more visible especially since the Lisbon Treaty, by which the position of EU in area of external relations was strengthened. The paper analyses position of the European Union when promoting and protecting human rights in external relations. As there exist several tools and mechanisms EU may use in implementation of human rights policy, we analyze the role of the EU in relation to the application of human rights in foreign policy as stated in Article 2 and Article 6 of the Treaty on European Union.

scholarly journals Assessing Maritime Security and Human Rights: The Role of the EU and its Member States in the Protection of Human Rights in the Maritime Domain

2020 ◽  
Vol 35 (2) ◽  
pp. 325-347
Author(s):  
Sofia Galani
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Maritime Security ◽  
Responsibility To Protect ◽  
The European Union ◽  
Human Rights Law ◽  
Member States ◽  
Protection Of Human Rights ◽  
The Eu

Abstract Over the years, the European Union (EU) and its Member States have taken significant steps to enhance maritime security. However, these initiatives are mostly focused on the safety of ships and the protection of the marine environment rather than the protection of human rights at sea. Without belittling the importance of these initiatives, this article argues that it is time the protection of human rights at sea was also incorporated in the efforts to enhance maritime security. This argument is supported by the analysis of the legal framework which shows that the EU and its Member States as flag, coastal or port States have assumed responsibility to protect human rights at sea under the law of the sea, human rights law and EU law.

scholarly journals Theorizing an enhancement of the protection and of the justiciability of biorights in the European Union.

2021 ◽  
Vol 1 (7) ◽  
pp. 204-249
Author(s):  
Simona Fanni
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
The European Union ◽  
Council Directive ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Human Rights Based Approach ◽  
The Eu

The attention given to bioethics and biolaw has grown throughout the decades in the framework of the European Union, since the first steps were taken in the field of medical products, with the adoption of Council Directive 65/65/EEC. Moving from the EU Treaties, which provide the legal bases for bioethics and biorights as well as for some potentially competing principles and interests, as the four freedoms, this study adopts a human rights-based approach to biolaw and assesses the jurisprudence of the Court of Justice of the European Union and the role of the Charter of Fundamental Rights of the European Union (CFR) from this viewpoint. Comparison is made with the jurisprudence of the European Court of Human Rights, for analysing viable paths of judicial dialogue and cross-fertilization as a response to the challenges posed by biolaw, in line with Article 52(3) of the CFR.

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