Public Accountability of Translational Rule Making: A View from the European Union and Beyond

Author(s):  
Deirdre Curtin
2021 ◽  
Vol 7 (1) ◽  
pp. 127-133
Author(s):  
Mariia Sirotkina ◽  
Olena Lomakina ◽  
Olena Shkarnega

The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.


2021 ◽  
pp. 399-430
Author(s):  
Kenneth A Armstrong

(Br)Exit from the European Union offers a novel interpretation of the United Kingdom’s withdrawal from the European Union (EU). Rather than emphasizing the rupture and the exceptionalism of ‘Brexit’, this chapter argues that much can be understood about the evolution of EU law through the experience of the UK’s membership and eventual withdrawal from the EU. Section A evaluates whether the legal history of its membership—its encounter with EU rule-making and adjudication—can explain the UK’s preference for a ‘differentiated membership’ of the EU and eventual demands for control over its own laws. Section B focuses on the Article 50 TEU withdrawal process. It underscores that compliance with ‘constitutional requirements’ throughout the Article 50 process evidences co-evolution of the EU and domestic constitutional and legal orders even up to the moment of withdrawal. Section C projects forward to the evolving future relationship. It suggests that as the UK asserts its sovereignty outside of EU legal and institutional disciplines, the EU wants protection for its own autonomy.


2021 ◽  
Vol 10 (4) ◽  
pp. 138
Author(s):  
Liudmyla Golovko ◽  
Olena Yara ◽  
Olena Uliutina ◽  
Andrii Tereshchenko ◽  
Andrew Kudin

It is an indisputable fact that one of the most important problems today is global climate change. Climate change affects everyone and requires a concerted effort at regional, national and international levels. The most intensive legal regulation of environmental protection, including climate change, which has an extremely negative impact on the environment, is carried out on the European continent. The European Union is a leader in climate change prevention and an example for other countries. The state policy of Ukraine on legislative adaptation is formed as an integral part of legal reform in Ukraine and is aimed at ensuring common approaches to rule-making, mandatory consideration of European Union legislation in rule-making, training of qualified specialists, creating appropriate conditions for institutional, scientific, educational, technical, financial support of the process of adaptation of the legislation of Ukraine. In the scholarly work global and European trends in climate change prevention policy were revealed. The adaptation of Ukrainian legislation in the field of climate change to EU law was analyzed. The conceptual foundations of the environmental policy of Ukraine in the context of climate change were considered. The challenges and problems on the way to the implementation of climate policy were determined.


Ekonomika ◽  
2005 ◽  
Vol 69 ◽  
Author(s):  
Michael Thomas

This article draws attention to the importance of the capabilities of the new member states of the European Union and public accountability under increased competitive pressure. Among the topics dicussed in the paper are the role of global marketing players and the concept of measuring marketing, in which three levels of measurement are distinguished. A model is presented in which marketing measures are applied toward measuring and creating value, the main elements of which are brand building and brand development.


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