Sticks and Stones Will Break My Euros

2015 ◽  
pp. 424-435
Author(s):  
Jonathan Bishop
Keyword(s):  
European Convention ◽  
Not Given ◽  
The European Union ◽  
Legal Rules ◽  
Legal Structure ◽  
The Common ◽  
Sticks And Stones ◽  
Bullying Laws ◽  
The Eu ◽  
The Way

“Sticks and Stones” is a well-known adage that means that whatever nasty things people say, they will not physically harm one. This is not often the case, as bullying, especially via the Internet, can be quite harmful. There are few anti-bullying laws emanating from the European Union, which is a trading block of 28 member states that have pooled their sovereignty in order to have common laws and practices to boost trade and peace. However, the common legal rules that exist in the EU have implications for those who run websites, including relating to cyber-bullying. These people, known as systems operators, or sysops, can be limited in the powers they have and rules they make through “sysop prerogative.” Sysop prerogative means that a systems operator can do anything which has been permitted or not taken away by statute, or which they have not given away by contract. This chapter reviews how the different legal systems in Europe impact on sysops and change the way in which sysop prerogative can be exercised. This includes not just from the EU legal structure, but equally the European Convention on Human Rights (ECHR), which also has implications for sysops in the way they conduct their activities.

scholarly journals THE COUNCIL OF EUROPE AS A NORMATIVE BACKDROP TO POTENTIAL EUROPEAN INTEGRATION IN THE SPHERE OF CRIMINAL LAW

2012 ◽  
Vol 19 (1) ◽  
pp. 123-148
Author(s):  
Gerard Conway
Keyword(s):  
European Union ◽  
Criminal Law ◽  
State Level ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
The Common ◽  
Criminal Matters ◽  
National Systems ◽  
The Eu

At a European inter-state level, both the Council of Europe and the European Union (EU) have developed cooperation in criminal matters between European jurisdictions. Although the EU represents a deeper form of integration and cooperation in legal terms than does the Council of Europe, the EU also has to date preferred a looser ‘intergovernmental’ means of cooperation in police and criminal matters, as compared to the degree of integration of the common market. This reluctance to integrate, to a greater degree, national systems of criminal law is reflected in the relatively limited nature of the pre-existing Council of Europe framework of instruments in the field. This article seeks to illustrate this point through an assessment of three of the most relevant Council of Europe instruments – the European Convention of Human Rights, the Convention on Mutual Assistance in Criminal Matters, and the Convention on Extradition – in the light of recent EU developments.

The Development of Slovenia in the European Union: Social Aspects

2017 ◽  
pp. 102-108
Author(s):  
Iryna Butyrska
Keyword(s):  
Negative Impact ◽  
The State ◽  
Political Regime ◽  
The European Union ◽  
National Unity ◽  
Social Sphere ◽  
Regime Stability ◽  
Number Of Factors ◽  
The Common ◽  
The Eu

The author proves that the successful stability of independent Slovenia contributed to a number of factors, existing since its being incorporated in the SFRY. The factor, uniting the state has become the common goal – the aspiration to join the EU. The process of the European integration contributed to the modernization of a number of spheres, in particular social, cultural and economic ones. The global financial and economic crisis has revealed the turmoil in the economy of the state and its leadership was forced to gradually reduce a significant part of social privileges for the population. This caused the tension in the society and reduced the level of the national unity, having a negative impact on people’s wellbeing. However, since 2014, the Prime Minister M. Cherar has been trying to restore people’s trust in the state. The situation is getting better; indicators of trust in government are increasing, which also points to state capacity and political regime stability in Slovenia. Keywords: Slovenia, state stability, social sphere, government

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

Notes on the ECHR and the Disunited Kingdom ‘After’ Brexit – In memoriam Scott Crosby

2020 ◽  
pp. 203228442097693
Author(s):  
Gavin Robinson
Keyword(s):  
United Kingdom ◽  
European Convention ◽  
The European Union ◽  
The United Kingdom ◽  
Time Record ◽  
Eu Referendum ◽  
In Memoriam ◽  
European Criminal Law ◽  
The Eu

When the idea of this special edition occurred to the team behind the New Journal of European Criminal Law, my first thought was to go back through all of Scott Crosby’s contributions in print as editor-in-chief and see whether a mini-retrospective on the themes and views therein would be worthy of inclusion here – by Scott’s own standards. These notes focus on what gradually became the single biggest concern expressed in Scott’s editorials: the perilous position of the European Convention on Human Rights (ECHR) in a post-Brexit UK – in concreto, the prospect of what he labelled ‘Brexit plus’: a British exit from the ECHR system. I begin with Scott’s views on the European Union (EU) Referendum and the Brexit process. Next comes the great uncertainty currently surrounding the future of Convention rights in the United Kingdom, set against the emphasis placed by the editorials on the instrumental role of the ECHR in fostering peace across the whole of Europe, within and beyond the territory of the EU. In the event that Brexit plus should materialise, writing in the wake of polls showing all-time record support in Scotland for secession from the United Kingdom I close by asking whether Scotland might be able to ‘leave a light on for Strasbourg’.

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

scholarly journals THE DYNAMICS OF HORTICULTURAL FARM NUMBERS IN DIFFERENT ECONOMIC SIZE CLASSES AND CHANGES IN THEIR INCOME IN 2007-2017

2020 ◽  
Vol XXII (3) ◽  
pp. 31-41
Author(s):  
Maryla Bieniek-Majka ◽  
Marta Guth
Keyword(s):  
European Union ◽  
Agricultural Policy ◽  
The European Union ◽  
Eu Countries ◽  
Average Change ◽  
Farm Accountancy Data Network ◽  
The Common ◽  
Large Farms ◽  
Economic Size ◽  
The Eu

The aim of this study is to determine changes in the structure of horticultural farms in EU countries in the years 2007-2017 and their incomes and determine the share of subsidies of the Common Agricultural Policy in the income of horticultural farms in studied groups. Horticultural farms from the European Union Farm Accountancy Data Network (EUFADN) of all EU countries were surveyed. A dynamic analysis of the structure of farm numbers in particular groups of economic size (ES6) was carried out, and then the average change in income and the share of subsidies in income within these groups in 2007 and 2017 were presented. As a result of the conducted research, changes in the number of horticultural farms in various groups of economic size were taken into account and the assumptions concerning the decreasing scale of fragmentation of horticultural farms were confirmed by a decrease in the number of the economically weakest groups and an increase in the number of medium and large farms. It was noted that, in the studied groups, the strongest income growths concerned farms with medium or high economic strength, which may mean that income had a significant impact on the process. Moreover, it results from the conducted research that existing institutional solutions additionally supported the tendency to reduce the scale of fragmentation of horticultural farms in the EU-12 due to the fact that the shares of subsidies were higher in groups with higher economic strength.

scholarly journals THE DETERMINATION OF THE EUROPEAN UNION IN THE INTERNATIONAL PROMOTION OF HUMAN RIGHTS

2021 ◽  
Vol 7 (1) ◽  
pp. 81-90
Author(s):  
Mentor Lecaj ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Moral Obligation ◽  
Research Work ◽  
The European Union ◽  
Legal Rules ◽  
Eu Policy ◽  
Political Principles ◽  
The Eu

This paper aims to explain the legal, political and moral obligation of the European Union institutions in the promotion, advancement, respect, and implementation of human rights and freedoms as a universal value, and above all as binding legal- political principles during their efforts in relations with actors both inside and outside the EU. This research work simultaneously analyzes and interprets international legal rules that regulate human rights. Moreover, the cases and means in promoting the human rights used by the European Union in different cultural regions have been compared and analyzed as well as the possibility of changing the approach of EU policy towards countries where the highest level of resistance exist in the accepting of such values.

scholarly journals Institutional and Legal Development of EAEU and EU in Comparative Perspective

2019 ◽  
Vol 7 (3) ◽  
pp. 155-168 ◽  
Author(s):  
Mark Entin ◽  
Vadim Voynikov
Keyword(s):  
Political Elite ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Decisions ◽  
Legal Structure ◽  
Eurasian Economic Union ◽  
History Of ◽  
Points Of View ◽  
Integration Project ◽  
The Eu

Despite the relatively short history of its development, the Eurasian Economic Union (EAEU) is becoming more confident about itself as a successful integration project. At the same time, there is a growing interest in the EAEU by the political elite and scientific community in Russia and abroad. The EAEU is investigated from different points of view, but almost no research is carried out without a comparative legal analysis of the EAEU and the European Union (EU). Both unions belong to the same type of integration organizations; the EAEU was largely created in the image of the EU. However, an analysis of the institutional and legal structure of the EAEU and the EU shows there are fundamental differences between the two unions concerning the principles of their functioning. This article substantiates the fact that supranational constitutionalization within the EU is not typical for the EAEU and is even harmful. At the same time, the technical tools developed by the EU can be useful to the EAEU for resolving current challenges of ensuring sustainability and self-affirmation in the international arena. This experience is of importance in view of the crisis experienced by the EU, since only they were able to manifest what institutional and legal decisions are working within the framework of an integration association, and which should be discarded. It is vital that the EAEU not repeat the mistakes and miscalculations of the EU.

Policy-Making in the European Union

2020 ◽  
Keyword(s):  
European Union ◽  
Policy Making ◽  
National Level ◽  
The European Union ◽  
Eu Policy ◽  
Theoretical Approaches ◽  
Wide Range ◽  
The Common ◽  
Key Events ◽  
The Eu

Policy-Making in the European Union explores the link between the modes and mechanisms of EU policy-making and its implementation at the national level. From defining the processes, institutions and modes through which policy-making operates, the text moves on to situate individual policies within these modes, detail their content, and analyse how they are implemented, navigating policy in all its complexities. The first part of the text examines processes, institutions, and the theoretical and analytical underpinnings of policy-making, while the second part considers a wide range of policy areas, from economics to the environment, and security to the single market. Throughout the text, theoretical approaches sit side by side with the reality of key events in the EU, including enlargement, the ratification of the Treaty of Lisbon, and the financial crisis and resulting Eurozone crisis, focusing on what determines how policies are made and implemented. This includes major developments such as the establishment of the European Stability Mechanism, the reform of the common agricultural policy, and new initiatives to promote EU energy security. In the final part, the chapters consider trends in EU policy-making and the challenges facing the EU.

Sign in / Sign up

Export Citation Format

Share Document